a green card or not. they are not u.s. citizens. thank you so much to all of you who responded. >> and for joining us today. "fox & friends" starts right now. bye. good morning. it is thursday, january 22. i'm elisabeth hasselbeck. eric holder launched a full investigation into ferguson's police department after the michael brown shooting. remember? >> i want the people of ferguson to know that i purnlly -- personally understood that mistrust. >> this morning the results are in. it may be humble pie for break fest for holder. the big question is will we hear from him about it? >> she was praised by him at the president's state of the union address as an average american who wrote him a letter. >> it is our story. they represent the millions

who work hard and scrimp and sacrifice and retooled. >> what a story. it turns out rebecca was a presidential prop. what we learned about her that is going to have you fired up on this thursday morning. >> did the new england patriots cheat to get to the super bowl? brand-new information this morning. and it's not good for patriots' fans and maybe that guy. mornings are, though better with friends. >> this is valerie bertinelli. you're watching "fox & friends." i think they take it one morning at a time. >> every time you book her, and steve and elisabeth you do most of the booking i have yet to meet her because she is never here. ip -- i saw her at the super market, she and her husband, they were buying stuff. >> did it ever dawn on you that perhaps a rirm --

requirement for her appearing is that you're not on the couch. >> has that happened before? >> you said every time she's here you're not on. >> a lot happening when it comes to the patriots and the super bowl. there is a developing story overnight that heather nauert who joins us now has for you. >> good morning to you all. we start now with a fox news alert. late last night new town, connecticut, voted to destroy the home of that shooter in that tragic massacre at sandy hook elementary school. neighbors had been pleading with the town to tear down the house that they say, quote, serves as a constant reminder of the evil that lives there. 20-year-old adam lanza shot and killed his mother in that house before he went to the school killing 26 others and then taking his own life. the house is expected to be torn down at the end of this winter. disturbing new video released. police in new jersey shoot a man dead.

that man had his hands up. take a look. >> don't shoot! >> bridgeton police pulling the driver over for running a stop sign but when the passenger was asked to show his license, a police officer says he saw a gun in the gloft -- glove compartment. >> show me your hands. >> don't shoot! >> don't you move. get him out the car. he got a gun in his glove compartment. >> cops say they repeatedly told the man not to move. despite that warning he got out of the car. he was on the passenger's side of the car. that is when officers shot him dead. >> a russian tennis star dubbed the next anna kornikova suddenly dies. he died from heart failure after tennis practice. she was one of russia's highest paid tennis players and was 23 years old.

a massive fire tearing through a luxury apartment building leaving hundreds of people without a home. smoke and flames shooting so high in the sky they could be seen all the way from new york city. that fire quickly sweeping through a 408 unit that was called edge water. the mayor speaking out a short time ago. we'll be declaring a state of local emergency. our schools will be closed tomorrow and the roads will have restricted access. it is relatively under control, i would call it contained. >> one of those losing their home, new york yankees long-term radio announcer john sterling. minor injuries reported and the cause of that fire still under investigation. those are your headlines. see you in a little bit. >> thank you very much heather. there was a little bit of snow here in midtown manhattan a couple of hours ago and people actually thought it was some of the ash from over there in edge water because it is literally across the river from where we're sitting right now. >> you can throw a stone over there. >> it is close.

the lead story in in "the new york times" is this the department of justice has looked into the case out in ferguson missouri. remember after the grand jury decided not to indict officer wilson in the death of michael brown, and there were riots and the department of justice said we're going to look into the fact that we think there is a possibility that darren brown -- darren wilson, who is white killed michael brown based on the color of his skin. according to "the new york times," they have decided that's not the case, and there will be no civil rights charges filed against darren wilson. >> law enforcement officials in the f.b.i. investigation do not have evidence indicating those charges should be brought. eric holder, the attorney general there and his civil rights chief will have the final say on whether they can officially close the case against officer darren wilson. >> because the attorney general has to sign off on it and he seemed pretty

determined, he seems almost -- it seems almost inevitable that there was going to be some type of conclusion there that would go against what the grand jury concluded but it's not going to be the case. the question is too in the big picture, when the attorney general showed up and seemed sympathetic to what happened and upset about what the grand jury concluded, then al sharpton came out and said essentially this is not going to enhere. i'll be back -- this is not going to end here. i'll be back. we're going to get some justice. what is he going to do now? because the attorney general came up with a different conclusion, or his people did. >> this is what they said. >> i want the people of ferguson to know i personally understood that mistrust. i want them to know that while so much else may be uncertain, this attorney general and this department of justice stands with the people of ferguson. >> so then you had the investigation and they interview 200 people, the

f.b.i. did. they took the evidence to the quantico f.b.i. lab in virginia. they couldn't find anything different than what the locals found at the time of what happened out there. meanwhile you've got al sharpton though, it will be interesting, let's see if on his show on another cable channel he talks about it because shortly after e it very clear that michael brown's civil rights were trampled on and yet the fact that no charges are going to be filed, it looks like it was a terrible circumstance where michael brown who had just robbed a store and got into a tussle with a police officer and was resisting arrest and got shot, there will be no charges. >> that's right. sharpton did say he'd be back and so we're waiting on that. if you remember, right after the time when it was decided that there would be no indictment, the looting that took place, i am sure there are some people worried about that today. well, this was just released. new footage of more than 100, i think it was 180

looters forcing their way, waving into the del wood market which was days after michael brown was arrested in ferguson. look at this. >> there could be some massive arrests. i don't know what you can make of that video. >> there are a few that did go unmasked. the majority of them were protecting their identity and leaving with potato chips as well as destroying that market. >> eight minutes after the top of the hour. the president spoke for about an hour. the ratings were not great for the state of the union but one thing did stand out. a very average story about a so-called average american couple who were going through tough times personally when the market crashed in 2008. a husband who was working construction, when those jobs dried up he had to travel around. you had a wife, these newlyweds had to essentially split up in order to make ends meet. now things have gotten better much like the economy has gotten better. a great symbolic story. average a nondescript story

that the husband reached for to talk about our recovery. however, there's something about this story that stands out. >> rebecca was supposed to represent millions of americans. rebecca is like you, me and everybody else out there. not the case. what they left out of the saga and story there was that one of the positions rebecca has had was as a democratic staffer. she worked for patty murray in washington there but they left that owvment do you think millions of americans are working as democratic staffers in washington? i don't think so. she represents the majority? >> she also also an obama activist. when the president was talking about how she wrote to me in march, it turns out she sent something in her office memo. she was a prop. she was a political prop used by the president. what's interesting though, back in june she was used by the president. he spent a day in the life with her. you would think that the president of the united states would have recognized hey, wait a minute didn't i spend a day with her back in june.

maybe his memory is shot. i don't know. or maybe he knows what his staff members arranged. >> republicans in minnesota said the president -- they called him out saying he was so out of touch with reality he thinks a former democratic stafer speaks for every minnesotan. >> the same people who told the president you don't have to go over to france to stand with all the other world leaders are probably the same people who said i'd use the rebecca story again. i don't think everyone will forget about that she was a d.c. staffer and there was outrage on the republican party that she was a ringer in the story. is there another middle-class couple you can use to avoid this consternation? >> there is a compliant white house press corps and news media in general and how many other channels are blowing the bildad off that and say she is a plant? probably not that many. >> let's use from the plant or political prop to the

pump. super bowl cheating scaj taking the conversation -- cheating scandal taking the conversation. bill belichick supposed to speak this morning. >> the ravens, who are -- who lost to the patriots prior, picked up the phone and told the colts, look at the footballs. they are not fully inflated. they gave them a heads up. when the interception was captured, they checked them out and found out they were not fully inflated. everybody's suspicions involved in the game this thing has gotten bigger. >> the 12th ball was also underinflated but didn't mark up to two full p.s.i. >> now all the puzzle pieces are going together. this video has emerged where tom brady admits i like playing with a ball

that's slightly underinflated. >> that was in 2011. in november the regular season when the colts and patriots matched up before there were two interceptions in that game okay that when the ball was taken from mike adams who picked the ball and handed it to his teammates can you guys feel this? it is squishy which led them to prior to this game, according to adam shepherd officials got together and team equipment managers and express concerns -- before this playoff game they said watch out for the patriots they seem to be underinflating. >> cheaters. >> the more you hear about this you wonder if they were doing it in the regular season, how did it get to the post season. one official says this is cheating and something illegal to deal with harshly. today bill belichick talks. tomorrow tom brady talks. it is the major story now. i'm very curious because of the track record with the patriots with the taping scandal in 2007, if i'm bob

craft, how angry would you be? >> this is between the quarterback and the equipment manager for the most part. >> that's what your husband said. you know how i found out, steve? i have twitter. i sit next to this woman; i have to find out what your husband thinks by going on twitter. >> you're not sitting next to her husband. we're going to talk more about this. patriots should probably be disqualified. doesn't mean they will. what do you think? should they be? e-mail us, friends at "fox & friends".com. >> have you seen this? this is a russian spy ship that got docked in cuba. what kind of message is cuba trying to send snus -- send us? aren't we supposed to be friends now? ♪

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on to a fox news alert. overnight there are now 70 cases of measles tied to an outbreak at disneyland in california and the spread of the highly contagious virus is fueling the vaccination debate. that's because getting a measles shot is the only way to prevent yourself from becoming sick but some parents have been opting out which means

their children have not been vaccinated. fox medical news a team dr. marc siegel joins us now. 70 cases overnight confirmed with measles. this is a big problem dr. segal. where do we stand with vaccinations now? >> let me be clear i see no vaccine debate whatsoever. period. this is the greatest vaccine that's ever been created in the history of vaccines. we stamped out measles in the united states in 2000. it was incredible because measles is the most contagious virus known to man. elisabeth, if you had measles, there would be a 90% chance that i would get it by sitting next to you if i weren't vaccinated. it is so much more contagious than the flu. we were talking about ebola, this is a million times more contagious than ebola. >> what is your message to parents? 70 cases overnight. >> celebrity medicine celebrities did not go to medical school, that is my

lesson. in california there's 13,000 parents taking a personal belief exemption allowing their kids to go to school without that second mmr vaccine. you need one after you're one-year-old, then again after you're five or six years old. we need both vaccines to be given. i think parents are putting their kids at risk. make them be home schooled. why should my child be at risk because your child isn't vaccinateed? ten percent of adults that got vaccinated we're finding out they are not immune because vaccines can wear off. i give boosters to people traveling to endemic areas. i would consider giving a booster to people traveling to disneyland if they didn't have immunity. >> are you saying people who are going to disneyland go to their physician and get a booster?

>> absolutely. it is the easiest thing to do. in your routine blood work i can check to see if you still have immunity. m.m.r. vaccine is really powerful. we had over 600 cases last year. the way this is going, it can spread to very young children who haven't been vaccinated yet. it can spread to adults who it has worn off from and spread to people who have taken exemptions which is a wrong thing to do. >> it seems irresponsible. dr. marc siegel we thank you for that. didn't know you could check those levels. will do. coming up, he thought he was a hero taking down a guy with a gun in wal-mart but there is a twist in this story you'll never see coming, and neither did he. spoich the confessed killer of real-life "american sniper" has a complaint. he says he can't get a fair trial because of the movie success. and our next guest agrees with him

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time now for some political headlines on this thursday morning. speak of the house john boehner accused of poking the president in the eye this morning. federal government ra alternatively. after the president -- figuratively. after the president voad to veto more bills for iran speaker boehner invited him to speak before congress. the white house calls it a diplomatic protocol. this is the same white house busted for calling mr. netanyahu chicken bleep. remember? possible presidential contenders jeb bush and mitt romney announcing they'll meet behind closed doors in utah this week to fuel speculation that they're trying to find a way to avoid splitting the republican vote. on monday, senate

minority leader harry reid is going to have eye surgery after that nasty workout accident on new year's day. >> the success of the film "american sniper" may have an impact on chris kyle's confessed killer. his attorneys are asking his trial be moved. should his request be granted and how will it impact proceedings? joining us is defense guster and trial attorney lisa g. bonnanzo. >> you have to make sure a person gets a fair trial so it should be moved. out of an abundance of caution it needs to be moved because in that town people are paying a lot of attention to it. although "the american sniper" movie is international and people are talking about it all over, for that particular city the judge has to make sure that this person gets

a fair trial and that it's moved. >> lisa, the book was already an unbelievable success. it is now number two. everybody knew chris kyle. do you think this is worthy of being moved? >> the only way you get a change of venue, you have to have a substantial likelihood that the prejudice will have a negative impact on the jury pool. the jury is supposed to be from the peer pool of your town, the same demographics, same values. there are a lot of things that weigh in keeping this in the county and could also is also a factor. >> two people were killed when he got a call, chris kyle, from the mother of the would-be killer of chris kyle and his friend say listen, he's having trouble, he's come back from the war he's a marine. would you help him adjust like you helped so many other veterans. you say sure, we'll go to the firing range and he gets the gun turned on him, killed and the guy steals

his truck. >> it is a horrible crime and he's admitted to it. that is one of the major issues of this case. >> he wasn't mentally right? >> right. there was diminished capacity. defense is trying to show this man did not know the negative actions or the consequences of his actions, that he could not appreciate it. >> i want to look at other trials that requested to be moved. for example, they wanted to move timothy mcveigh, they d.o.j. simpson, they did. it is costly. >> very costly. you have to look at the tiej. -- timing. we're in a different world. you see about it on facebook, you can pull up half the videos on youtube. you have to understand the synergy in getting this information out to jury.

>> in that city they're paying a lot more attention to this trial. if it was moved they may not pay attention to it. >> if you see his funeral and the real footage is in the movie, he's a local hero. they gathered around on the highway. they were on underpasses. the fire fighters were there. >> the movie didn't really highlight his death. the movie is highlighting what he did as a sniper. let's take into account. everything isn't positive. there is a gag order on this trial. maybe defense should remove the gag order. >> you point out "the rolling stone" vilified him. here's chris kyle in his own words talking about his job. >> i'm killing them to protect my fellow americans. i'm committed to making sure every service member that was over there whether american or allied, came home. >> you said the most important words. he was a local hero. that is reason enough to move. >> he's a national hero. >> he is a local hero.

hehe may be a national hero but to the local people who are going to judge him, he is a hero. >> there are no winners here but it is curious to see what they decide to do. don't forget john littlefield also lost his life that day. >> we told but this guy, a lawmaker by day, criminal by night. he thought he was a hero taking down a guy with a gun in a wal-mart but there is a twist to this story you'll never see coming. but first a happy birthday wish. ♪ can this decadent, fruit topped pastry... ...with indulgent streusel crumble, be from... fiber one. fiber one streusel.

i got my first kiss today, and it's just so mind blowing. it goes to my brain. it goes to my heart. it goes to my brain someone should just go ka-blooey. i had a funny feeling. it was so great. >> precious boy. >> it's your shot of the morning, a boy's reaction to his first kiss going viral after airing on america's funniest videos. griffin sharing this after a girl's kiss on a playground, getting millions of views. it does look like the car is moving, so obviously somebody is driving the car. >> not him. >> the only person who maybe wasn't excited about that is the parent of the girl.

>> it seems like she was the aggressor judging by the story. >> whoever she is, she's quite a kisser. >> here to describe her first kiss, heather nauert. >> in a tree house. >> jamie evans. >> i bet he would have described it just like that young boy d. >> have you had that conversation with your kids yet, elisabeth? >> no. kisses are reserved for me right now. >> i'll get to the news right now. these guys will get to remain international men of mystery. a judge just ruling british intelligence agents will be allowed to testify in disguise at an upcoming terror trial. the trial is for terror suspect nasir accused of helping terrorists plan an attack on new york.

the judge will let those who spied on him wear wigs and makeup but said he doesn't want the courtroom to look like a clown show. a russian spy ship loaded with surveillance goor docking in -- surveillance goor -- gear docking in cuba. normally the trip that feels in international waters with radars pointed at the united states but it does not appear to be active now. the pentagon says it tracks the ships all the time and there is nothing to worry about. what do you think of that? this guy may have thought he was helping but instead found himself in handcuffs. this is michael foster tackling clarence daniels outside a wal-mart. daniels walked from his car with a holstered handgun under his coat. foster thought something might be up so he tackled him. daniels kept saying he has a permit to carry which in fact he does.

listen. >> you have a gun, you have a gun, you have a gun. i said i have a license, i have a license. don't say nothing to me. we'll see when the sherrif gets here. >> that sherrif got here and confirmed that guy did have a concealed carry permit. foster was charged with battery. he is serving the public while he is serving time. now a virginia lawmaker is facing new felony charges. independent joseph morrissey who was just reelected last week is accused of introducing forged documents and lying about them while on trial for a sex scandal involving a teenager. the 57-year-old was sentenced to six months spending his days in the house of delegates and his nights back in jail under a work release program. he denies all the charges against him. those, ladies and gentlemen, are your politicians. >> brand-new video just in from elk city, oklahoma. wet snow hammering the

drivers on the road. >> this storm system that is hitting the south expected to take aim at the northeast this weekend. >> maria molina knows all about this, right maria? >> we're tracking that storm that could bring all kinds of winter weather to the northeast. it could be a very significant nor'easter. on an unrelated matter, it smells like fire out here. we have smokey conditions related to that fire in that building across the river. that is pretty significant here across this area. black ice is also a concern across the mid-atlantic. across the plain states that is where our storm system is. it is producing areas of heavy snow across western texas and oklahoma and parts of new mexico. we have winter storm warnings in effect. as much as a foot of snow possible in some of these areas. on the warm sector. storm, heavy rain across eastern texas and louisiana. it will continue to move eastward. we're talking several

inches of rain possible along coastal areas. then the storm moves through the gulf of mexico and strengthens across the coast of the northeast this weekend. it is going to be a mess out there. we'll keep you updated. >> when you say significant nor'easter, you're not talking about a foot of snow? >> in some areas, yes. the track right now is so important. this system tracks a little bit farther east than computer models are hinting we could be looking at a much quieter weekend across the northeast. that is going to be very important. >> it is the heart of awards season but this morning we're taking you beyond the red carpet and the red stairs and the stars as well. >> that's right. we're taking you where you've never been before. a behind the scenes look at how these bronze beauties for the sag awards are actually made. >> joining us is michael tammero. >> good morning guys. everyone will be talking

about the glitz and glam. what most people never see is what goes into the awards shows. i got a chance to see how the statues for the sag awards are made. hollywood is about -- abuzz this awards season. this sunday's 21st annual screen actors guild awards, we be got a special look at what it takes to get those bronze beauties made. >> when we started we looked at oscar and andy and thought they are so iconic we can't compete with them. >> the statue is hand crafted. first the lava is heated and then what they call the lost wax process, craftsmen pour the metal into the mold. >> those guys are really working back there. that's hot stuff. i think it is 2,000 degrees.

>> the awards are broken from the mold and brought to the finishing process where they sit on a granite base at a whopping 12 pounds hoping to take home their own actor. two of this year's nominees opened up on what makes the sag awards so special. >> a rocky montage. >> it feels really fantastic because it's your peers. it's fellow actors that are recognizing you which is quite amazing. >> i feel very grateful. there is a very deep sense of honor for me to be going to the awards and to be part of the nominating ensemble. >> the sag awards air sunday at 8:00 p.m. eastern. also this weekend jennifer lopez's psychological thriller hits the big screen. i got to talk with the man who plays the boy next

door, squashing rumors that he's dating j.lo. >> she arrived on her own. i arrived separately and we met up at the carpet. we had a great time. we did the carpet together. we met up after and had a bunch of fun at the parties. it was a great experience. >> that was not denial. >> run with the rumor. why squash it? >> believe me, he's sprinting with it. he knocked that out of the park. >> watch all my celebrity interviews on inthefoxlight.com or follow me on twitter or instagram at foxlightmichael. >> do you remember 12 or 13 years ago i did an interview with jennifer lopez. i said there is a rumor that you're dating brian kilmeade and she goes -- she was trying to think who's brian kilmeade and she goes we're just good friends. >> i love to see that.

>> i can find it for you. meanwhile, the department of justice's findings are in on the michael brown shooting in ferguson missouri and eric holder is not going to like it. did he fan the flames of reangs tension for nothing? -- fan the flames of racial tension for nothing? >> hundreds of leaders meeting in switzerland to talk climate change but they may not be practicing what they preach. up next. ♪

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time for numbers by the numbers. 1700, that is how many world leaders' private jets flew into the world economic forum in switzerland. one of the major topics of discussion building lower carbon economies. hypocrites. 37 years that's how long the legendary warplane the 810 war hog has been used on the battle field. now the pentagon may scrap it to save billions in the budget. most recently it's been used to chase isis fighters overseas. can we keep it please? nine as in ninth grade. an analysis of president obama's state of the union speech shows it was written at a ninth grade level. steve? >> no justice! no peace! >> it is a case that divided the country and now the justice department confirmed the federal investigation out in ferguson, missouri into michael brown's death is complete and civil rights

charges against officer darren wilson will not be brought. so is this legal evidence that the shooting was never about race to start with? joining us right now with his reaction is milwaukee county sherrif david clarke. sherrif, good morning to you. >> good morning. >> right after the grand jury came out and said we're not going to indict him, there were people out there who were stirring the pot and saying that that young man was killed because he was black and the officer was white. then you had eric holder going in and saying there's going to be a department of justice investigation. and now you know they're saying no evidence of that. your impression? >> they knew this from the beginning. this thing was premised on a lie, this hands up, don't shoot, black lives matter. they can have the world court look at it if they want but the facts remain the same.

the grand jury in ferguson missouri got it right. officer wilson has been exonerated. the thing i want to know is how does he get his reputation back? where does he go to get his reputation back? how do we put the tooth paste back in the tube? >> eric holder, al sharpton owe the city of ferguson an apology. you said yesterday you feel eric holder is guilty of race bait. why? >> take a look at the history here. this isn't the first time that he has done this sort of thing. he sat up there for months slandering law enforcement officers all across the nation. he's the one in ferguson, missouri that brought up the racial profiling term and that we're going to end racial profiling once and for all, he said. he invoked that into this thing when that was never any part of what happened between the -- the tragedy between officer darren wilson and mike brown. but again, you know, this

is kind of habit now for this justice department under eric holder. and i think it's a shame. >> i think the justice department felt like they had to do something because al sharpton who is an advisor to the television to the president of the united states was on television saying things like this at the time. >> 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 wager that we're going to freeze out police brutality [inaudible] eric garner, michael brown, enough is enough. >> news flash for al sharpton. no civil rights violation in ferguson, missouri. sherrif, you get the final word. >> i don't expect anything

intelligent to come out of the mouth of al sharpton. we know he is a sharyl -- charleton. al sharpton ought to go back into the gutter he came from. the police officer is owed a lot from him, eric holder and the president of the united states. >> sherrif david clarke joining us from milwaukee sir, thank you very much for your comments. >> my pleasure. >> ten minutes before the top. this al qaeda sleeper agent just freed from a federal prison and sent back to qatar. but judge napolitano says it was a fair deal. really? see if you agree. coming up next. ♪

sparking outrage, admitting to conspiring with 9-11 mastermind, khalid sheikh mohammed and sentenced to 15 years in a federal prison. >> today not only is he free, he's back in his home of qatar. the white house taking heat on this decision, especially at this time. >> doesn't sound like the right thing to do. but the judge says the doj got it right. >> why do i always get these difficult cases? >> because that makes it interesting. >> sitting next to kilmeade. the problem of this case is that the government's own making. when they arrested this guy -- he's a sleeper cell from another country who is residing in the united states. >> couldn't you stop right there. he's a sleeper cell. >> correct. correct. he's residing in the united states on september 10. so they pick him up after september 11 and put him in military brig and charge him before a military tribunal with conspiracy. conspiracy is not a war crime. the military tribunals do not

have jurisdiction to hear that case. they kept him in the military brig anyway. they kept him in the military brig naked shackled, blindfolded and with tape over his mouth and eventually when that was brought before a federal judge, he was outraged and said you can't do that. first, he's innocent until proven guilty and you charged him in a military court that they don't have the authority to hear. so put him in a civil jurisdiction and whatever you charge him with, i'm going to reduce the penalty by two days for every day you put him in. >> the deal was eight years. he should not be out for two years. the department of justice's own psychiatrist said, i talked to this guy. he wants to kill americans. >> i do not defend what this guy has done. it is indefensible. >> if you were president of the united states and concerned about keeping america safe, and that's what you've been voted in

office to do, is there legal things you could do to keep him in jail? >> no. the congress in the bush years passed legislation that allowed the government to keep people in jail after acquittal or after they have served their time in jail and the supreme court invalidated that legislation. >> even during a time -- we are at war here, judge. >> yes. again, because conspiracy is not a war crime. without getting too technical, if the federal government instead of putting him in a military prison, instead of keeping him naked for two years, had charged him in federal court in new york city, he would have been sent away for 20 years. >> the way he was held, we got a lot of great information about a second cell. it was stopped. we got other information that helped the war on terror. but unfortunately, we have ten seconds left. it turns out we convinced the judge he was wrong. >> no way kilmeade! >> thanks. coming up straight ahead, they are in the country illegally. but could they soon get the right to vote? that's what congress is talking

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good morning. today is thursday, january 22. i'm elisabeth hasselbeck. attorney general eric holder stood by the people of ferguson and sent his justice department to investigate the officer who shot michael brown. remember this? >> i want the people of ferguson to know that i personally understood that mistrust. >> this morning the results are in and it may be humble pie for holder. the big question though, will we hear from him again? >> will he sign off on the deal? did the news on pate -- new england pace cheat their way to super bowl 49. there is news that belichick is breaking his silence. tom brady tomorrow. >> i'm looking deflated here. meanwhile, it was president clinton's lowest note. >> i did not have sexual relations with that woman, miss

monica lewinsky. >> and now believe it or not it could be coming to a stage near you. the musical about monica lewinsky that could haunt hillary's chances in 2016. oh, man. couldn't make it up. thank you for joining us on this thursday. you're watching "fox & friends" live from new york. >> this is tommy dunn and you're watching "fox & friends". >> i know tony dungy would never be involved in something like this. >> the monica musical? >> not that one either. i'm talking about flategate. >> tony dungee would never be involved in something like that. >> i'm looking at the twitter machine and that's the number one thing you're talking about deflategate.

we're going to talk about it in three or four minutes. we're turning to heather for news and starts with an alert. >> good morning. we have news that came in. a constant reminder of evil will now be bulldozed to the ground. late last night officials in newtown, connecticut voting to destroy this house the home of sandy hook elementary school shooter. neighbors have been pleading with officials to tear it down for some time. 20-year-old adam plan zoo shot and killed his mother in that house before going to the school and killing 26 others and then taking his own life. that house is expected to be torn down by the end of winter. she made headlines back in november. you may remember brittany maynard, she was diagnosed with an untreatable form of brain cancer and then she moved to the state of oregon where she was legally allowed to end her own life. now her family back in california is pleading for that state to pass a law allowing assisted suicide. listen. >> californiaians, you now have

the right, you have the opportunity to bring this option to this state. stand up and make your voice heard even if it shakes like mine. >> a whole lot of critics of that bill. they say it has the potential to cause tremendous harm. now that video out of new jersey. a massive fire tearing through a luxury apartment complex leaving hundreds of people without homes this morning. the flames reached so high that they could be seen all the way from new york city and here is what that looks like right now. smoke is still pouring out of that complex. firefighters working still on those hot spots there. one of those who lost his home was new york yankees radio announcer, john sterling. just minor injuries were reported. the cause of that fire is still under investigation. it was without a doubt the clintons' lowest note. >> i did not have sexual

relations with that woman miss monica lewinsky. >> oh, boy. but that could come back to haunt them just in time for 2016. there is a new musical about the clinton scandals fishing making its offway debut. folksfolks who see it say it's so good, it's going prime time. the show focuses on the clinton administration scandals and monica lewinsky is a major player in that. those are your headlines. something for tourists to see when they come to new york city. >> i wonder what the budget is. >> how many times can you see "cats"? >> thank you. >> remember out in ferguson missouri after the grand jury said the white police officer would not be indicted -- this is a fox news alert -- then the department of justice headed up by eric holder went throughout and talk to people and announced there would be a civil rights investigation, whether or not the white police officer violated the civil rights of the

black man who he shot. now according to the "new york times," the f.b.i. could find no evidence of any civil rights violations and the department of justice will oppose any civil rights charges. that's the breaking news this morning. the question is, it prompted all of those riots. >> it sure did. we heard from eric holder and al sharpton which kind of stirred it up in that region. remember this? >> i wanted the people of ferguson to know that i personally understood that mistrust, i wanted them to know that while so much else may be uncertain, this attorney general and this department of justice stands with the people of ferguson. >> we lost the round! but the fight ain't over! you won the first round, mr. prosecutor but don't cut your gloves off 'cause the fight's not over! justice will come to ferguson!

>> the attorney general still has to sign off on it. all he said there was i got to investigate. they investigated. it seems, according to the reports, they concluded that the cop did nothing to violate the civil rights. >> but hearing those comments from sharpton and holder certainly did mix it up a bunch with the people and their emotions were high. there were tons of looting and riots. you saw it through the screens at that time. now the police officers in the area are have released this video right here which came off of the decision to not indict darren wilson and now this video you see over 100 people that they're look for, about 180 people looting, which was robbed days after michael brown was shot to death in ferguson. some of these looters leaving with potato chips. most were covering their faces to protect their identity. some are not and they're trying to find out who exactly they are. >> apparently the guy who owned the market was watching this video on his home computer as it

was happening live. >> how horrific. you spend your whole life trying to watch a business and watch it being destroyed in one night by people who want to take advantage of a situation. >> they were told the gloves weren't off many times. >> a voice of reason, we wanted his comments about what could be coming down from the justice department and the f.b.i. investigation. >> this whole thing was premised on a lie, this hands upen don't shoot, this black lives matter. the facts are the facts. i don't care who looks at them. they can have the world court look at them. but the facts remain the same. i don't expect anything intelligent to come out of the mouth of al sharpton of the we all know that he's a char taken. as a matter of fact, the next intelligent thing that comes out of his mouth will be the first. al sharpton ought to shut up and go back into the gutter that he came from, apologize. he will not do that. but the american police officer is owed a lot from him from eric holder and the president of the united states. >> absolutely. al sharpton should apologize. but then again, so should claire

mccaskill and governor nixon the democrat they should apologize to darren wilson and the ferguson police department. do you think they will? probably not. >> no winners there. one thing about al sharpton, he's got an ear to the mayor now to the president. he's got a tv show. i don't know how he accrued all this power. >> there is some leverage there. >> wait. we did just hear from them. we've got the sound bite. we're going to play it right now. listen to this. >> oh, yeah. crickets. >> nothing. >> meanwhile, 8 minutes after the hour. john boehner accused of poke the president in the eye figuratively. and the president's response is hypocritical. >> leeland vittert is live in washington to explain all of that. good morning to you. >> reporter: good morning to you guys. congressional republicans haven't much liked president obama's unilateral actions very much. appears the president feels much the same way about congress doing things alone.

in this case inviting israeli prime minister benjamin netanyahu to give a speech to a joint session of congress to talk about possible sanctions against iran over its nuclear program. this announcement, a day after the state of the union appears to have hit a very raw nerve at the white house. while the administration is stopped short of publicly chastising the speaker for inviting the prime minister, there is a lot of comments that the move somehow violates diplomatic protocol. something the speaker hit back on pretty hard. >> i did not consult with the white house. the congress can make this decision on its own. i don't believe i'm poking anyone in the eye. there is a serious threat that exists in the world and the president last night kind of papered over it. the fact is that there needs to be a more serious conversation in america about how serious a threat it is. >> reporter: many are pointing out a certain hypocrisy from the white house over their apparent

outrage regarding protocol. you only have to go back a few months to find unnamed senior administration officials using some locker room language to describe the israeli prime minister to a reporter. including one name in particular that we can not repeat on this family friendly show that i doubt comes from any book on diplomatic protocol. back to you in new york. >> way of saying it. very good job. >> thanks. i got to tell you what the latest unfolding drama is regarding the super bowl. it's going to have another chapter today as bill belichick will go before the microphone to talk about the game and the allegation that his team intentionally deflated the footballs before the game last week which they won against the baltimore rolls by a wide -- bolts by a wide margin. this is not going away. notice he ever denied it happened. now we find out something else. we find out, according to fox sports, that the ravens were the ones who tipped off the

indianapolis colts who played the patriots last weekend to look out for these deflated balls. >> many teams assuming this is just routine by the patriots and this sound right here, when you watch tom brady in 2011 you sort of think, i guess it could be a possibility. watch. >> when scores like eight touchdowns a year, he spikes the ball and deflates the ball, i love that. i feel bad for that football because he puts everything he can into those spikes. >> so what is the commissioner going to do on the back of the new york post today if belichick is guilty goodell must impose super ban. what is the proper punishment? we asked you to weigh in. david on facebook said not a patriots fan, but clearly they have the most talent and best team. they could have used a nerf football and beat indianapolis. >> it was close at half time when the balls went to regular pressure and they scored 28 unanswered points. charles says if they are found guilty and they play, what are

we teaching our kids? this is the second time they have been nailed for cheating. true enough. enough is enough. fire the coach and take their spot away. >> that's if the coach did indeed know. sometimes this is between the -- >> maybe it was just the ball boy. >> the manager in charge of getting the ball the way they like it. another says if my eight-year-old was caught cheating, she would fail. the same should happen to these overpaid cheats. but it does bring up an important point. we're home talking about what happens to a cheater. not just to keep on playing they're going to the super bowl. the message here if they're found guilty, a stinger. >> as you brought up, it's very interesting because tom brady had to know, according to john madden, according to your husband and others. that's something between the quarterback and others. there is an excellent chance bill belichick didn't know with it. >> it makes it easier for me to throw. what do you think about it? e-mail us or facebook or tweet us. >> and this coming up, the moment everyone was talking

about. >> i have no more campaigns to run. my only agenda -- i know 'cause i won both of them. >> what did the voters think about that? the answer is pretty surprising. >> i see some gap. >> just a little. >> they are in the country illegally, but they could get the right to vote. stick around

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like campbell's® mini chicken pot pies. awesome, mom. get recipes at campbellskitchen.com we know how the politicians felt about president obama's state of the union address last night. what about the american people? here with us to check her dials from both sides of the aisle, lee carter. welcome back. >> thank you. >> we picked out -- you picked out some tape and we're going to go through this tape and find out what the people thought of it. the first one we're going to look at is the personal real life story that we have the news on afterward. let's listen. >> seven years ago rebecca and ben earler of minneapolis were newlyweds.

she waited tables. he works construction. their first child jack, was on the way. >> it was the worst up close and personal story. it went nowhere. what did the people think? >> they gave this a c minus because you could see the dials dipped and sort of skated along. you can almost feel the collective eye roll when that was happening on both sides of the aisle. basically people are tired of these stories. it's like state of the union candy. you throw somebody in the audience, tell a story about them and it's supposed to make you seem personal. it just didn't resonate. >> it didn't. we find out later she worked for the democratic convention worked for obama's campaign and he's actually said the story before in minnesota. let's talk about the second tape. let's hear this portion of the hour speech. >> we allow ourselves to be sorted into faction and turned against one another.

where we recapture the sense of common purpose has propelled americans forward. >> democrats began to like it. >> you saw it was like a ski slope in there. people were like, what is going on with this dial thing because how could you not like what he's saying here? the problem is when you respond to a message it's not just whether or not you like it it's whether or not you believe it. did republicans believe there was any chance he was really going to work together? no evidence that he's going to do that. so overall, this a c. >> executive order on immigration gave us an idea of where we're heading with that. let's talk about the zinger. the ad lib moment of the night. let's listen. >> i have no more campaigns to run. my only agenda -- i know 'cause i won both of them. >> what do you think of that? you gave it what grade? >> a plus. do you see that?

a total climb and then dip. it was off the charts. it was funny in some ways. it showed a human side but it was arrogant and people sort ofhat point, the republicans for sure. >> for him personally, he was getting some sarcastic applause about no more campaigns run. so he answered. somehow it averages out to a b plus if you're grading at home. thanks so much. >> thank you. >> that's a quick look at what happened. last night about 31 million people watched. it was one of the lowest rated state of the union addresses ever. ten minutes before the bottom of the hour. coming up straight ahead, have you seen this? that is a russian spy ship. that ship is docked in cuba. what message are we supposed to be getting now from our new friends in cuba? aren't they supposed to be nice to us? and did you know police have radars that see right inside your house? they're using them right now. is this an invasion of privacy or a great crime fighting tool? is it a way to ask somebody if they've seen my phone?

♪ ♪

we have two headlines from the world of sports. a russian tennis star dead this morning. she had heart failure after practice. she was one of russia's highest paid tennis players and only 23 years old. and pro golfer robert allenby' stolen credit card could be the key to solving his alleged abduction. investigators say a homeless man used it for $20,000 of a shopping spree. they expect to arrest that man today. wow. steve. how would you feel if police used a special device to peek inside your house without a

warrant? >> this is a highly sensitive lightweight, hand-held radar system designed to detect people through walls constructed of common building materials. >> it's kind of like a super duper stud finder except you can see somebody on the other side of the wall. it's great for fighting crime the law enforcement people say. but is it costing us our fourth amendment rights? is it an unreasonable search? let's have a fair and balanced debate. we have the former new york director of homeland security, michael balboni. you see alan butler, good morning to you. >> good morning. >> there is michael. michael, do you have a problem with this? >> not if it's used appropriately, obviously you don't go around and walk through a neighborhood and see what people are doing. however, if you have a hostage situation, you have someone who is armed, police officers safety trumps privacy from that specific instance.

the supreme court of the united states says given all sorts of exclusions where you don't have to get a warrant, if it's hot pursuit, if you have an emergency, these types of things. that's the way this ought to be used. as a matter of fact, the law says if you have these types of equipment, you ought to be using it to protect officers. it's a part of what they call this manel claim if you don't utilize it for training and technology. >> alan, you do have a problem because even though the police officer -- by the way we should point out the f.b.i. has been using this for a couple of years, as has 50 law enforcement agencies. just put it on the side of the house and it can detect whether or not something as small as a heartbeat. it can detect it. you have a problem with this. >> yes. mostly the issue is whether or not it's a search to use one of these devices and i think under the supreme court case law clearly is. you're using one of these devices to reveal intimate details about what's going on in an individual's home and the home is really the apex of

protection under the fourth amendment. i think officers should really be using these with a warrant. >> i got to disagree with you. i don't know that it's an intimate detail about what's going on. all it can detect is that there is somebody in there isn't that right? >> that's right. it's not like a video surveillance or like police are putting camera noose a home of the by the way, they can do that. right now when you have entry teams, they use all sorts of devices to look inside of a home using video. what this does is steps outside, looks through a wall sees whether or not there is somebody there as an adversary who might be armed. >> sure. alan, would you say it's fair -- michael was talking about how you can use it in instances of hot pursuit or something like that. do we just need some new laws because we got cool things that do stuff now and we don't have applicable laws the way they are right now? >> i think so far the supreme court dealt pretty well with new technologies.

we saw this last summer. the new opinion about searches of cell phones and the court was able in that case without a new law to apply the fourth amendment pretty fairly, i think. >> but at the same time, everybody has a cell phone in your pocket and we know that law enforcement can figure out where you are all the time. isn't that the same thing? >> i think it's somewhat different issue. but you're right that there are areas of the law where we need additional protections. so i think that is something we need to consider. >> absolutely. all right. michael and alan we thank you both for talking to us today about this new gizmo that can see if somebody is in the house. thanks. >> thanks. 28 minutes after the top of the hour. they are in the country illegally, but they could soon get the right to vote. what? that's right. that story coming up next. and she was just named one of the most beautiful women in golf for the second year in a row. but there is a lot more to holly saunders than just that. stick around. she joins us live.

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he anthony fox was designated as the one cabinet member asked to stay behind and run the government in case there is some kind of crisis at the capitol. and because also time warner was supposed to come fix the cable at the white house between 8 and 11. someone has to be there. luckily the person who had to do it last year energy secretary did get to attend. you can tell he was pretty happy to be there. check him out. >> today america is number one in oil and gas. america is number one in wind power. every three weeks we bring online as much solar power as we did in all of 2008.

>> that's not just a look. that's a way of life. >> that's like dollar bill hair. i like it. >> dollar bill hair? >> yeah, it's just perfect. >> that was a powder wig! >> it's not on a inn a box. it's on his head. we have a lot to discuss in sports. more controversy, including the missing tooth. let's talk about cuba. >> good morning. this is something the u.s. officials were watching closely. have you seen this picture? it is a russian spy ship that just docked in cuba this week. this as american delegates arriving in cuba for high level talks. normally this ship travels up and down the eastern seaboard in international waters. it's packed with a whole bunch of high-tech software, radar. a cannon and anti-aircraft guns. what is it doing in cuba? experts say russia is trying to send a clear message to america

you may be welcoming cuba, but russia is still welcome. who would do such a thing? american flag donated by a in rein veteran burned by vandals in oregon state. first sergeant daniels gave the flag to a school and a few days later, officials found it burned flying at half-staff. >> i love this country and what it stands for. i know everybody has their views, but i think everybody can have something that they can be proud in this. i take pride in the flag. >> amen to that. daniels bought the school another flag. police aren't sure exactly who did this. it was upset to go a lot of folks there. not a u.s. citizen? not a problem. local lawmakers in one washington, d.c. once again trying to give voting rights to people without citizenship. council member david grasso argues green card holders pay taxes but aren't allowed to have their voices heard.

his local resident voting act would make it possible for legal noncitizens to cast ballots in local elections including the mayor's race. will ferrell attempts a half court shot at a lakers-pell cans game last night, but it goes pretty wrong. take a look. right at the head of that poor cheerleader. it turns out he was shooting a movie for his new movie. fans snapping foe at thes of him getting kicked out of the game. you can see they have him by the arms right there. those are your headlines. >> i couldn't really tell. was he throwing the ball and whacked her in the face? >> yep. and she went right down. >> i sense she's an actress, too. >> i hope so. >> and i'm also sensing that bill belichick was there and he deflated the ball.

>> possibly. >> allegedly. >> something totally different. here is maria. >> good morning. we want to talk about the weather because we have a big winter storm that we're tracking across parts of the southern plains. this system has already produced about 11 inches of snow across the texas panhandle, including the city of amarillo. we have winter storm warnings in effect out there and also across parts of new mexico and parts of oklahoma. looking at the potential for very heavy snow to continue to come down. snow will even be possible all the way down into texas-mexico border. that's pretty incredible with this storm system. on the warm side of it, we have areas of heavy rain across eastern texas, parts of louisiana, and also eastern oklahoma. several inches of rainfall accumulation will be possible. then what the storm does over the next 24 to 48 hours is going to be very critical for the forecast for the northeast coming up on saturday. it's going to be very tricky out there. we do have the concern that some warmer air could mix in and that could mean freezing rain causing ice accumulations across the

region. that's going to be a big issue. that does happen. but the potential for heavy snow is also there with the storm. saturday, some areas could see more than six inches of snow. we'll keep you updated on the storm system. heavy rain possible across the southeastern united states. with it, as we head into friday and saturday. let's head over to you. >> all right. thanks. it's hardly the hole in one he wanted. tiger woods toothless grin has been stealing the headlines all week. not only because of this picture, what's even more interesting is the story that came along with it. joining us right now is new fox sports one golf analyst holly saunders. welcome. >> gentlemen and lady, so glad to finally be more than a friend. i'm now part of the fox family. good morning. i hope -- >> welcome. >> holly, the boy be friend lindsey vonn, who happens to be the best golfer maybe in the history of the game, shows up to give his girlfriend some support after she set a world record. then he became the center of

attention how? >> not in a very good way. things just keep getting stranger and stranger in tiger woods' personal life. he and lindsey are saying it was a video man that knocked it out. others are saying no this is not exactly what happened. so who really knows? all dino is that tiger woods' personal life has been the lead years. not his professional past six years, he hasn't won a major title. that's really what golf needs. it needs tiger woods. he needs to get back in the spotlight for his professionalism and not for his personal life, no matter what you think of him personally tiger woods is golf. >> the game needs him. >> the game needs him because more eyes are on golf when tiger woods is involved. >> if it's not true, why would they make up such an easy story to deflate? i mean, if he got hit by a camera guy at some event, there would be some video of that or he'd have a big bloody mess on his face.

>> not even thinking about the tooth fairy? >> how much would tiger woods get from the tooth fairy? >> yeah, there is a couple grand underneath his pillow. but who really knows what happened here. we're not tmz. but again golf needs tiger woods definitely in the professional way. >> golf needs you. >> thank you. >> the 2015 most beautiful woman in golf. congratulations on that. that's clear as day. >> i just want to remind everybody that michigan state which is a top 20 ranked team, you had a 78.47 scoring average there. you have maybe as pretty as you are, your swing. i would take a lesson from you. >> it's obviously the stance that helps. >> thank you. thank you very much. every morning i wake up, i have no idea how i made that list of most beautiful anything. especially up at 4 a.m yeah, we got into the locker room at trump bedminister golf club and it was beautiful. we went into the men's locker room, took a few shots. it was about a six-hour photo

shoot. it turned out really well. i'm really proud of it and i'm honored to be part of it and very flattered. but yeah michigan state, we won a big 10 championship in 2007. i feel so old just thinking about it now. but some awesome memories there. but elisabeth, we're going to have to get out on the course. i understand that you don't call yourself a golfer, but you like to play. i would love to do some kind of reality show with you out in golf. >> that would be like survivor. >> i know every golfer loves their gear and you certainly love yours right? what's your favorite? i have a little hint here. i think it may be a place where i used to work right out of college. >> i know. i've sent you guys a package. i'm at the pga merchandise show pushing puma golf. that's my brand. i'm ambassador. i think i sent awe package. i hope everything fits.

>> how fun! look at these. >> there it is. >> i used to work there. love it. >> look at that. that's the way they did the laces now. >> this is a new phase of golf shoes. they're light. they don't have the full cleats. how cool. >> of course, golf is going to have a big place on sports, now that they got the pga and greg norman will be joining you guys. thanks so much. >> thanks, guys. i want everybody to go out and grow the sport. >> thank you. >> although it's ten degrees here. 18 minutes before the top of the hour on this thursday. coming up, so much for tolerance. a handful of students protesting chick-fil-a to get it banned on campus. we're going to tell that you story. and land ago job starts with a resume. if you are a veteran t can be kind of tough because so many of your military skills many people don't realize how they

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go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal. quick headlines now. is this really what the new congress should be fighting over? the senate passes a bill that says climate change is real and not a hoax. but there is a catch. republicans blocked language that would have blamed it on human activity. according to recent polls, 15% of registered voters approve of the job congress is doing and this won't help. and talk about hypocrisy. 1700 private jets owned by world leaders flew into switzerland to discuss global warming. they're there for the world economic forum where they'll also talk about low carbon economyies. call it fried chicken fiasco. students at indiana university, bloomington, cutting chick-fil-a from its list of campus vendors.

student run panel voted 18-9 to cut ties with them based on concerns over the company's views on same sex marriage and other lgbt issues there. so is it fair or are those students hypocritical for backing other organizations with political causes that they support? here to weigh in is indiana university students andrew. thanks for being with us this morning. >> good morning. thank you so much for having me on. >> so chick-fil-a was there. were students enjoying it? >> yes ma'am, one of the most popular locations for dining. >> this vote went down 18-9. tell us about that. you participated in the vote. >> that's correct. yes. we were charged with the item to choose whether or not we'd continue our relationship with chick-fil-a and unfortunately, students really put their personal beliefs before the needs and the wants of students. they chose 18-9 to give chick-fil-a the boot. >> they got the boot. is this really about a sandwich

or about discrimination based on personal beliefs? >> this is so much more than about a sandwich. it's absolutely about intolerance. active discrimination against a world volusia which is held by so many across this great country and across our campus. >> i'm assuming, based on the fact they wanted to vote, based on the principles behind the company, that every company that acts as a vendor there would be subject to the same vote. for instance starbucks. will they be subject to a vote pretty soon? >> no, ma'am. unfortunately, we have never looked at anything like this before. it's the first time this has ever happened. there is really a double standard i think we're seeing here. we're really weighing in on the politics of one company, but not another. >> why was chick-fil-a targeted? >> frankly, i believe again their world view wasn't shared by the students there specifically at that meeting that night and they took it out on them. >> doesn't it sort of undermine the ability of the students to express their opinions to the free market? maybe they like chicken and maybe they like chick-fil-a standards. >> absolutely. in the end, the decision should be left to the students.

there is no reason why a small group of students should be able to vote on the taste and preferences of the individual when obviously it's flourished for many years here. >> what was their main beef with the chick? >> again, it goes back to the lgbt issues of the community and really being supposedly congruent and politically correct with really the actions they've taken so far supporting them. >> do you feel this is lop sided? >> yeah. it certainly is. i think we should encourage open debate and engagement no matter what side of the issue we're on of the i think we have an obligation to let the marketplace of ideas flourish. >> yeah. i got to thank you for taking the time here and sorry the vote didn't go your way. hopefully chick-fil-a will make it back. >> i appreciate it. the number one thing holding veterans back from getting jobs seems to be their resume, according to experts. up next, how they can translate from military to civilian and get the job that they want

one of the moments that got the most applause during the president's state of the union address was when he said this. >> every ceo in america, let me repeat, if you want somebody who is going to get the job done and done right hire a veteran. >> he's right. our military men and women still are having trouble finding work when they come home and hiring experts suspect it has a lot to do with translating their military resume to a civilian one. >> cheryl casone is here to fix just that. good morning cheryl. >> six seconds. that's the amount of time that the average hr professional uses to review a resume. but especially for our nation's

heros, those resumes can be very complicated. many hr managers tonight understand them. today we brought in a real resume and a real expert. i want to bring in the ceo of lasalle network. they're a staffing agency. we've got a real veteran resume and you reformatted the entire thing. let's start out with the changes that you made. >> you say a lot of veterans are putting up their e-mail address not putting up -- >> they're doing what i call old school resumes. they have their name their address, phone number. what you've got to do is make sure you have a linkedin profile and make sure you have your e-mail and address so they know where you're coming from. >> so he had an objective obtain a challenging position to utilize leadership skills. you took that out of the resume. >> objectives can cause a problem. it can stereotype you in one role that you're looking for. you want to create a summary aspect. you're a veteran in the united states army. you led large groups. high stress situations. you executed strategic plans. you want to use action verbs and you want to do a summary of who you are and what you're capable

of. >> he had qualifications, caring engaged, dynamic makes competent and informed decisions. you said this was too personal. >> what happens is a lot of military professionals, they're very black and white. they come out of this system where this is what you're told to do. this is what you execute, go do it. which is a great skill going into the private sector. but at the same time i've never seen a resume where somebody said i'm not engaged. don't be that logical. >> top secret security clearance. that's one of the things i did like about it. did you put that in the new resume? >> we didn't put it in the same spot. under military training you went through. that's great. it really depends on what type of job you're applying for. if you're trying to apply to boeing or mcdonald douglas, it's a different situation. >> okay. and again, the main thing i noticed is this resume, the original resume, was so thick and so wordy. you pretty much cut this resume in half.

>> we do this with everybody private or public sector. bullet pointed resumes are much easier on the eye and they get the main points across. instead of saying $90 million worth of inventory. that's a big thing. it pops here. it doesn't pop in the paragraph. and that's what you want to catch on hiring managers' eyes. >> something else i noticed, he had military education. you said military professional education. why did you make that change? >> first thing we want to start with regular education and don't want to use the word civilian. i think getting rid of some of the military terms and getting it over into the normal quote unquote, society of business and saying it's a regular education. lead with your college. you have the g.i. bill, you went to school, let's put that there if you had it. let's eliminate the high school. what lot of people coming out of the military do is they put everything on it too incom passing. with the military professional education is it's not just what you did in the military, but it was professionally based. those are buzz words that hr people like to see.

>> it's so interesting the way that again you simplified the resume. so many people and companies are telling me they don't understand the resume. >> it's a challenge for the employer and the veterans and it's a shame because we have so many good, capable people that can do great things in the private sector. >> thank you again. helping our veterans. i get a lot of these resumes. keep sending them to me. but this is the way to fix and get you a job once your service is overment back to you. >> great advice. thank you very much.miss cheryl on the "fox business" network. you can find it in your area g to foxbusiness.com/channelfinder. >> that's right. remember this inspirational moment president obama telling the story of rebecca and her family during the state of the union address? really compelling right? once you hear her real story, you won't be so impressed. he knew her ahead of time. >> he sure did. super bowl commercials getting a lot of buzz this morning especially this one for obvious reasons. a sneak peek at the hottest ads

in the next hour just for you. >> what are they selling?

good morning. today is thursday, january 22. i'm elisabeth hasselbeck. attorney general eric holder and al sharpton stood by the people of ferguson. but this morning what the f.b.i. found may force them to backtrack. but will they? >> the next intelligent thing that comes out of his mouth will be the first. al sharpton out to just shut up and go back into the gutter that he came from. >> we report. you decide. yeah. and as the president hits the road to sell his state of the union, a brand-new road block. we're learning more about this movement. >> america rebecca and ben's story is our story. they represent the millions who worked hard and scrimped and sacrificed and retooled. >> there is rebecca right there between the first lady and joe biden. turns out rebecca knows the

president and was once on the democrat's payroll. isn't that cozy? did the new england patriots cheat their way to the super bowl this morning? new information as patriots coach bill belichick about to break his silence and probably say three words. mornings are better with friends. >> my name is mike. don't drop the ball. good morning. watch the "fox & friends". >> we'll do our best. welcome. thank you for joining us on this really busy thursday morning. >> get diverse. >> we got a lot going on. the number one thing people want to talk about is sports, the news of the sports and the whole thing, did the new england patriots knowingly deflate those balls? >> we're ten days from the super bowl. deflategate getting more inflated. we'll find out more about that. heather nauert standing here. so much going on overnight. >> other news right now. good morning to you all. overnight, constant reminder of evil will now be bulldozed to

the ground. late last night officials in newtown, connecticut vote to go destroy this house the home of the school short. neighbors have been plead to go tear it down. 20-year-old adam lanza killed his mother and then 26 others at the school. the house will be torn down by the end of winter. over an hour from now patriots coach bill belichick set to address the media. he's expected to field questions about allegations that his team underinflated football during the afc championship game. word the nfl was aware of this issue before sunday's game. the colts repeatedly raising these concerns after playing the patriots back in november. espn says nfl sources say that the league found 11 of 12 balls used by the patriots during sunday's game were deflated. the nfl says the investigation is right now ongoing.

seattle seahawks star sherman weighing in and says deflategate will have no impact on the outcome of the super bowl. more on that in just a minute. and disturbing new video just released. police in new jersey shoot a man dead. that man had his hands up. take a look. >> don't move! >> the man who was shot was in the passenger's side of that vehicle and here is what happened. bridgeton police pulled over the driver for running a stop sign. when the passenger was asked to show his license also the officer says that he saw a gun in the glove compartment. >> show me your hands! show me your [ bleep ] hands! don't move! get him out of the car! don't move! >> cops say they repeatedly told the man not to move. despite the warning, he got out of the car and that's when

officers shot him dead. that fire tearing through a luxury apartment complex leaving hundreds of people without homes. flames reaching so high they could be seen across the river here in new york city. only minor injuries were reported. boy look at that. one of those ho lost their home was long time new york yankees radio announcer, john sterling. those are your headlines. >> thank you very much. the judge joins us once again this morning because we're going to talk about ferguson missouri. after the grand jury said we don't see the evidence there to go ahead and charge officer wilson, the department of justice in the form of eric holder stepped in and said, i'm going to launch a civil rights investigation using the f.b.i fox learned the f.b.i. has found no evidence that michael brown's civil rights were violated and the justice department will oppose any civil rights charges.

>> we also know the attorney general hasn't signed off on this yet. is that just a formality? >> i think it's probably a formality. i'm actually happy that the justice department conducted this investigation because it ends in an exoneration and that is finality. that is closure. that is the end of the road. so this investigation takes place in the form of f.b.i. agents reinterviewing witnesses and reexamining the same witnesses that a state grand jury heard and examined and as a result of which decided not to indict. the facts are the same. it's one series of events, whether it's being looked at by a state grand jury or federal agents. but the laws are different. this actually easier to prove a civil rights violation under federal law than it is a homicide under state law. so if the f.b.i. agents recommend there is no evidence of a racial motivation, there is no evidence here of a crime, and the superiors in the justice

department, eric holder, accept this recommendation, the case is closed. there is transparency and there is finality and that's what the law is supposed to bring. >> i guess what concerns people is if it's heading to eric holder's desk, he didn't start out with an open mind. it seem the case is closed in his mind on another end, especially when you hear how he started. we'll play the sound and i'd love your reaction. >> i want the people of ferguson to know i personally understood that mistrust, i wanted them to know that while so much else may be uncertain, this attorney general and this department of justice stands with the people of ferguson. >> we lost the round, but the fight ain't over. you won the first round mr. prosecutor, but don't cut your gloves off 'cause the fight's not over! justice will come to ferguson! >> can you cut your gloves off now? >> actually there will be further litigation but it will

be civil litigation. it will be a wrongful death lawsuit which seeks money damages from the insurance carrier for the ferguson police department. but it's a civil case. nobody will go to jail. back to brian and elisabeth's question if the f.b.i. is recommending no charges and that recommendation is all over the "new york times" and fox news and else r it's almost inconceivable that the attorney general on his own could reject that recommendation and order that this case go to a grand jury and tell his federal prosecutors to seek an indictment when the f.b.i. agents who investigated the case said not to. >> you know what gives a lot of people a bad taste about this whole situation is the fact that it just looked political. >> yes. it looked like the -- >> they didn't get their way. >> it looked like the apparatus of the federal government was being put into place in order to satisfy al sharpton. >> right. >> al sharpton is a voice for some of the people in that community, whether he's speaking the truth or whether he's

speaking political bluster. but the feds did the right thing by looking at this and coming to a mature intellectually honest conclusion. >> that's your observation regarding al sharpton. sheriff david clark, the sheriff of milwaukee, had this observation about him. >> he was pretty harsh. >> he sees it a different way. >> this whole thing was premised on a lie, this hands up, don't shoot. this black lives matter. the facts are the facts. i don't care who looks at them. they can have the world court look at them. but the facts remain the same. i don't expect anything intelligent to come out of the mouth of al sharpton. we all know that he's a charlatain. he ought to just shut up and go back into the gutter that he came from, apologize. he will not do that. but the american police officer is owed a lot from him, from eric holder and the president of the united states. >> so judge, as we look at this whole case, if he signs off on it, it becomes a civil case and

hopefully there will be mechanisms in place -- >> that's up to the family of michael brown to bring. but the government is out of the picture. that's a civil lawsuit. the only government involved there would be a state judge and a state trial jury deciding whether or not there was a wrongful death. >> just one of these cases there are no winners. >> no. there are no winners. but let me say this, in a democracy, transparency is very important. the more we know what the government has done and why it has done it, like this report of the f.b.i. agent the more credibility we have in government. >> all right. judge, thank you. now we've got another fox news alert. president obama on the road today pushing that defiant message from his state of the union. >> after spending date with students at boise state, the president is at the university of kansas to hawk his free college plan to more college students, of course. >> kevin cork is live at the university of kansas. hey, kevin. >> reporter: good morning, you guys.

rock chalk jay hawk. this time promoting the free community college as a way to elevate and help the middle class move forward. of course, he arrived here in the sun flower state late yesterday after a visit at boise state university and again, you're right. he seems emboldened despite the fact that his party was severely routed in the midterm election. but he's plowing ahead with his agenda. but you can count those who are unimpressed, like senator rand paul. >> i've got two years left in office. i am not going to stop trying to make our politics work better. that's what you deserve. that's how we work. >> i would say how we stimulate the economy and the way we create millions of jobs is to have a large tax cut for everyone. we don't punish one class versus another class. >> reporter: therein lies the challenge.

are we going to have class warfare or a plan that works for everybody, regardless of how well you have done in the past? by the way this is all domestics focus. but the president will be shifting gears to talk about his international agenda coming up as a trip to india and our chief white house correspondent, ed henry, will be along for the ride and he will bring us up to date as the president goes overseas. >> all right. kevin cork reporting live from my alma mater the university of kansas. after noon, if to the hawk or the wheel. delicious. >> the hawk or the wheel? >> they're beer joints. >> day 12. >> thanks. do you remember the moment where the president really tried to reach out and paint the picture of the american couple falling in love, struggle not guilty this nation? >> newlyweds. >> involving rebecca. >> and then 2008 came and the economy crashed and the construction worker dad had to -- >> there is rebecca. >> he talked about her right there, sitting right between the first lady and dr. biden there

during the state of the union. just your average woman, just your average american. no! you know what part of her story they left out? that her saga included the fact she was a democratic staffer! actually paid by the democratic party at some point. they didn't seem to include that. they just want to paint the picture. >> plus, she was also an obama activist. so while the president said i got this letter from her back in march, i'm sure she -- >> she knocked on my door and dropped it off. >> she was at the white house at the time. >> he actually spent time with her in june. >> a day in the life. >> with rebecca. >> okay. so that happened. how did the president forget she looks familiar -- >> can't someone say, can we get another middle class story of struggle? isn't there anybody else from 2008 that we could go to? instead, they just insert her in. >> you mean someone else who wasn't a democratic staffer? >> yeah. that would help. >> that might help. 12 minutes after the hour.

here is what's coming up, we told but this guy. he's a law maker by day and a criminal at night and wait 'til you hear -- >> what a deal and president obama says his policies helped the middle class. why are more people on food stamps than ever before? economist expert has an idea. he joins us next

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middle class economics means helping working families feel more secure in a world of constant change. it means helping folks afford child care college health care, a home, retirement. my budget will address each of these issues. >> is the state of the union address, the president repeated calls for free community college and other free stuff to students who have a c average. that's not all he's giving away. we have just learned that 13 million people have been added to the food stamp rolls since 2009. twice the population of el salvador, yet our economy is supposed to be recovering. are all these freebies really going to help the middle class? our economist joins us from washington. you wrote about this when we got

our heads up about what's going to be contained in the state of the union address. you think there is a problem with some of the president's give aways. some say this is benevolence. >> it's really not benevolence. it's encouraging men 25 to 54 not to work. they can get medicaid, which was designed for mothers and children free health care. they get food stamps. it makes it easy for them to sponge off their girlfriends and spouses and other relatives. >> right. so for example if you look at men or people between 25 and 54, one in eight are not seeking jobs that are out of work. that adds up to 72%. so why wouldn't people be hungry to get that job? >> quite simply they get government benefits and with more women working, they can sit at home and watch espn. the president's programs if they have simulated anything, it's watching sports daytime on tv. >> that's good to know for "i dream of jeannie" fans. let's talk about the economy

overall. the president also pledged to raise minimum wage. he said one of his quotes was, try living on $15,000 a year. what's your reaction? >> who does? people that earn the minimum wage also get medicaid. they get food stamps. and if their moms with kids, there is public assistance, there is child support and so forth. they're not starving to death. look at them. they're getting fed. the real trick here is to raise wages by having a more robust economy. raising capital gains tax that's going to kill small businesses and then the jobs creators that we want to empower. >> right. and you say somehow politics is factored in here. it's really factored for hillary. how? >> well, essentially the president is hitting the populist drum beats. helping the middle class. throughout the speech he talked about women. over and over again. that's democratic stair for where was her husband? that dove tails into the clinton campaign of empowering girls and a stronger middle class.

the president doesn't hope to get anything done. he hopes to go out on the road and embarrass republicans for not embracing flawed policies that do sound appealing to people because after all, they give them cash. >> it's got to be maddening for a numbers guy like to you see we're playing politics with the economy. thanks peter. >> all the best. >> ten minutes before the bottom of the hour. a huge development on the 2016 campaign trail. what we know about a secret meeting between two of the biggest republican candidates that could be happening today if you promise not to tell anybody, we'll share it. and did you know if your husband packs on a few pounds, that's grounds for divorce? that's true. if you have a contract. bob massi knows all about them. he's drawn them up for his clients. ♪ ♪ when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving

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time now for some political headlines on this thursday. the speaker of the house, john boehner, accused of poking the president in the eye this morning. figuratively. he didn't actually use a stick. after the president vowed to veto more sanctions for iran, speaker boehner invited israeli prime minister benjamin netanyahu to speak before congress. the white house calls it a breach of protocol, the same one who was busted for calling mr. netanyahu chicken [ bleep ]. jeb bush and mitt romney announcing they're going to meet behind closed doors in utah this week fueling speculation that they're trying to find a way to avoid splitting republican votes. that's a good idea probably. and monday senate minority leader, harry reid will need eye surgery after that nasty workout accident involving the

big rubber band at his house in nevada on new year's day. that's a look at some of the political news. >> something that happened in vegas that didn't stay there. >> it's a new trend, couples now creating love contracts filled with relationship deal breakers. >> yeah. joining us to explain all of that is fox news legal analyst bob massi. so what exactly is a love contract? this is outside of marriage right? just dating. >> something my wife would never put up with, i can tell you that much. here is the deal, so it's just a sign of the times. i don't get it but it's something we've been doing for years, last few years. you create a contract like a prenup agreement which we talked about. there is actually now lifestyle provisions you could put into this contract. lot of times second marriages. let me give you a couple of examples. if you gained ten pounds or more, there is a problem.

infidelity cheating, there is a penalty. could be the worst, of course. you then have things like hey, guys, you can't use remote control to play video games too much. and hey, ladies, by the way my first marriage, i really didn't want to take my mother-in-law with me on a vacation that's out. believe it or not, these are provisions that people put into contracts which sort of gives you an idea where things are going in relationships. >> okay. let's say then bob, somebody in did she they're a -- they're a couple years in. they gain a few pounds. >> is this just in marriage or dating as well? >> it's premarriage. it's a prenuptial agreement. you can do a postnuptial, but not as common. look, most lawyers that do this every day that i've researched and talked to, these provision guys aren't necessarily legally enforceable. but there is a psychological

impact, i guess, for these type of things. now, everybody is different. i've been married 36, it will be 37 years in february. my wife will sit right next to mother theresa when we're off this planet, i can tell you that right now. you got three kids, five grand babies, life is good. but here is the thing, it goes to show you that we've reached a point in this society for some people that they have to reduce the way they're going to have their relationship to a writing. doing prenups is one thing. lifestyle provisions for me, i don't get it. >> what happens if you break it? so you put them there, you gain 20 pounds. you can't gain up to 15. you break the provision. >> the mother-in-law comes in. >> you probably get slapped around a bit. but are you going to go to court and a judge says, hey, you're in violation of this contract you're going to get sanctioned $10,000? i don't think so. i don't think that's going to happen. >> why is it worth the legal fees to do this?

>> let's not talk about fees here, i'm trying to make a living come on. >> answer the man's question. >> if you break the contract, could you owe money? >> yeah, you could. there is penalties you put in it. but here is the thing brian asked a question, simply because the fact certain people have had experiences in relationships that were not good, want these -- remember, this is a mutuality. it's not like somebody was coerced to do it. they believe in it. they write it in there. for me it's repulsive. i don't get it. but it's sign of the times. guidelines have to be there. and that's -- but they exist and that's why i want our viewers to understand these contracts do exist today in society. >> if someone puts it in front of you should you take it to your attorney and have them look it over? if your spouse or fiance or person you're dating -- >> not dating. if someone says you gain ten pounds, get out! come on! what a dope! >> i'd probably look at them and

say really? are you guys really serious about this? but you know what? certain people need guidelines and boundaries. but couldn't work with me. i'm a big believer and i think most people are. you stay in shape for your spouse. you take care of business. >> what do you think brian? >> i don't know. i better work out. i'll say honey, i'm doing it for us. >> that a boy, brian. >> thank you, bob massi. >> the worst thing duke in a relationship is take each other for granted and maybe you need a contractual incentive. >> any time you can your loved one, will you please sign this legal contract because if you screw up, i'm going to win people are going to walk away from you. >> they might. >> football it works. >> let us know what you think about it. >> you know you're not guaranteed another contract if you screw up. >> would you have a love contract going? let us know. this coming up, he thought he was a hero, taking down a gun in wal-mart. but there is a twist to the story that you'll never see

coming because he didn't. >> super bowl commercials getting a lot of buzz. especially this one. what is she selling? fruit? >> nothing between me and my 100%, all natural juicy grass fed --

we showed you an exciting glimpse of one of the super bowl commercials. there is a whole bunch coming up. they're rivetting.

>> what about the suspense of the super bowl ads? >> i don't think anybody minded the tease we ran. >> 26 minutes before the top of the hour. time for headlines with heather. >> good morning. remember this company from fired now to hired the company that was once the poster child for government failure is back on the payroll. irs is award ago multi million dollar contract to cgi federal. that is the same company that botched health care.gov's web site. it's a canadian based firm and it will earn 4 1/2 million dollars to provide management support for the agency's new obamacare tax program. what do you think of that? a would-be hero ends up in handcuffs outside a florida wal-mart. he thought he saw a man carrying a concealed weapon into the store and he was concerned about what that guy might do. so he tackled him. but it turns out that foster didn't have the entire story.

>> the victim hold his hands up and said you have a gun and he said, i have a license. i have a license. i have a license. don't say nothing to me. we'll see when the sheriff gets here. >> yep. that man with the gun had a license to carry. he wasn't breaking the law at all. despite foster's heroic act or at least he thought it would be, he was still charged with battery. he is a law maker by day and criminal by night. now a virginia legislator is facing felony charges. new felony charges. he's accused of introducing forged documents and lying about them while on trial for a sex scandal involving a teenage girl. the 57-year-old was just reelected last week despite serving a six-month jail sentence under work release program. he's allowed to serve in the house of delegates by day and then head back to jail at night. he denies all the charges against him.

you remember your first kiss? we were talking about this on the show earlier today. maybe it went a little something like this. >> i got my first kiss today and it's just so mind blowing blows my brain. it goes to my heart. goes to my brain. i had a funny feeling. it was so great. >> how sweet is that? that's griffin, he's quickly becoming an internet sensation. he describes his first kiss on the playground. so far his reaction to that epic smooch has gotten 1.3 million views. those are your headlines. how sweet is that? >> that is precious right there. he's just so excited. >> thank you very much. fox news alert for you. just two days ago, president obama touted an economic comeback. so what are the jobless numbers? they were just released moments

ago and jobless claims are up to 307,000 last week. >> that's right. we'll discuss that. >> and the count down to the super bowl 49 is coming up soon in ten days, just about a week away. >> yep. and this morning we're getting our first look at the new ads that have just been released. >> anna kooiman joins us right now. what are some of the commercials getting some of the biggest buzz? >> some people watched the super bowl just for the commercials and just for half time. toyota is going straight for heart this year. the car maker's commercial features former football stars like kurt warner and arrington discussing what it means to be a dad. there won't be a dry eye especially when their children chime in. >> being a dad doesn't have anything to do with blood. it's not biological. it's a choice you make to love your children. >> what kind of dad do you want to be?

>> his kind. >> how do you know your dad loves you? >> a lot of hugging kissing, i love you stuff. yeah. >> love you stuff. that's pretty good. >> that is pretty good. switching gears now, something salsa four. check out victoria secret's first super bowl commercial. since 2008, the five angels, they are all suited up for the gridiron and play a game of football. you see quite a few curves. before it closes, there is a message. don't drop the ball: this last one is one of the raciest commercials ever. but it will only be seen by viewers on the west coast. carl's junior, providing all natural burger by showing a model who looks like she's walking in the buff. the model isn't kate upton. florida native charlotte mckinry is her name. she chows down on the burger in her bikini. so how much does it cost this

year? reports are saying the price tag for just a 30 second spot during the super bowl this year comes in at 4 1/2 million dollars. back to you. >> what kind of hamburger was she selling? was it carl's junior? >> was anybody looking at the hamburger. >> all right. the confessed killer of the real life "american sniper" says he can't get a fair trial. why? because the movie is a run away hit. now he wants the trial moved. casey anthony's attorney tried to do the same thing. he will join us live next. and this baby just couldn't wait after mom went into labor in an ice storm. the dad had to deliver him in the parking lot of the hospital after crashing his car. this incredible story when mom, dad and baby join us live next

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look at that face. his entrance into the world was anything but average, to say the least. in a hospital parking lot, delivered by a dad in an ice storm right after they crashed the car. can you believe that? here to share their exciting birth story, parents angela and sergie. with them, their sweet baby, elijah. we're so thankful to have you here on "fox & friends." i see you smiling now but i think any parent who has gone through that moment when they're about to have the baby is more than feeling for you. so you go into labor, angela ten days early. and you do what any dad would do. let's get you to the hospital and fast. problem is it's icy out. what happened?

>> it was interesting how there was a lot of ice. we tried to get to the hospital on the way there. it was a hill really steep slope. we tried to make a turn and it was so slippery, we hit the curb, popped a tire. tried to get to the parking lot. my wife, of course is like, get me to the emergency! >> right in the parking lot. you then tried to have the time to go get the wheelchair so that you could push her in there and run at full tilt to get this baby born. but angela your baby was not about to wait, right? what happened then? >> no. well, he asked me to get out and try to get in the chair, but i said no. there is no time. you just have to pull the pants down 'cause he's coming out. he said no, please wait. i said i can't because impossible. he's coming. just go catch him.

he had to do what he needs to do. >> she gave me no choice. >> you're a daddy doctor. you caught baby elijah. how did that go? how nervous were you? >> i don't know. just clicked and i catch the baby because it was in the sack. it was weird for me because usually i had two other kids and they were just born as a baby. in that case it was a sac. i was like what do i do with this? here is a baby -- i hear the baby cry and punch through the sac and check, make sure the baby was okay. i didn't see a cord wrapped around his neck. it was dark. so i heard a cry. so good. i gave it to mom and ran to the emergency to get more people. >> after all that, you hit the ice, you hit the curb. you crashed your car and you deliver a baby all in one swoop and then you're holding sweet baby elijah and you mentioned that cord around his neck. how is he doing now, mom and dad? >> he's doing great.

doing great. he eats and sleeps and goes to the bathroom. that's all we care right now. >> he is making millions of americans out there smile right now. we're so happy for you. we know you have two big brothers. can we just get a close look at him. can you turn him toward me 'cause you know i love a baby? that's what we all needed this morning. sweet elijah, you are a miracle. is that a fox on his camo? >> yes. fox news. >> you are officially more than "fox & friends." you are fox and family right now. we adore your story. and he had the sweet little cry right there. you did a good job baby. you came ten days early. it's just on time. good work dad. angela, glad you're feeling well and best to your two big boys at home. >> thanks. >> i love that onesy. we need those here.

let us know what you think about that. coming up, the confessed killer of the real life "american sniper" has a complaint. he says he can't get a fair trial because of the movie's success. is he right or right out of his mind? that's up next for you. first we're going to check in with bill hemmer for what's coming up at the top of the hour. >> that father can multi task. >> honestly. >> good morning to you. we're going to hear from the coach of the new england patriots. he holds a press conference next hour. what will he say about all this controversy ten days before the super bowl? also congress is serious about stopping iran and the white house is not happy about it. the president says republicans can't just say no. so what will they say? we'll talk to a leading republican about their strategy and what joe biden said about isis that has a lot of people scratching their held. martha and i will see you in a couple minutes here on a c "america's newsroom" better take something. theraflu severe cold doesn't treat chest congestion. really? new alka-seltzer plus day powder rushes

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we've been talking about "american sniper." it's shattering box office records and having a major impact on america. and the man who killed chris kyle says the movie is impacting him, too because he's facing a trial and he wants to be fair. his lawyers want to change a venue in the murder case of chris kyle because the film is a success and could be turning people against him. should a change of venue be granted? here now is jose baez defense attorney for casey anthony who also pushed for a change of venue in her case. he joins us from miami. good morning to you. >> good morning, steve. how are you? >> doing okay. so the attorney in this particular case is saying we got to move this out of town because the movie is making it a really big important case.

but the problem for him is the movie is showing in every town. >> yes. there is no place that you're going to be able to move this to. i think it's going to get denied. however, it's going to create a permanent issue in this trial and it's going to create an appellate record that will be debated later on. i think this is something that the smart folks over in hollywood thought of when they decided to release this movie near the trial date. we're all talking about it. >> in the casey anthony case, you made the request for a change of venue. what happened there? >> we had it granted and we had to bring in jurors from another county and have them brought to orlando and sequester them there. >> and of course -- >> i don't think that would work, as we've noted. i don't think either one of those would be a solution for this case. >> sure. and jose, it's not just the fact that people have actually gone

out and seen the movie. but you know how it works these days with smart phones and twitter, you can see just clips of it everywhere. so wherever they were to put this, it would have the same impact. so i guess the key will be on how the potential jurors are investigated or questioned during the jury pool time, right? >> correct. i think what the judge will do in this situation will give the defense and the prosecution wide latitude in perhaps giving a jury questionnaire to find out which jurors have actually seen the movie or seen any clips or read the book. remember, the book was the number one best seller. if you send out a questionnaire and then those who are actually put something in the affirmative will then be further questioned individually outside of the veneer to the west of the jury panel to see if they can be fair and impartial. these things happen all the time

and i don't think it's going to be an issue at trial. however, i do believe it will be an appellate issue. >> well, and they do happen all the time. but hardly ever do they involve a movie that's a blockbuster. the guy's attorney said this regarding how tough jury selection will be. he said, quote i think any case with significant publicity has an issue with picking a jury. i've had them in the past and anything that has significant national attention makes it hard to pick a jury. there is the other way as well while everybody looks at the movie and the guy is an american hero to many, at the same time, there might be people who watched the movie and say, he was a sniper. i don't like snipers. >> well, this case, first of all, it's a very important case for this country. i think this is probably one of the most important trials in recent memory as it relates to how we're going to address the issues of war in our combat veterans.

so the way of handling this, these high profile cases happen all of the time and there is media, certainly media that affects everything. so there are ways of dealing with this during jury selection. but i truly believe that this case has really not received that much attention considering all of the important issues that surround it. so this case has maybe not even 5% of what the casey anthony case had or george zimmerman. so they're going to be able to deal with it. it will not be easy. it's true it will make it hard but not impossible. >> we'll have to see what they decide down there. all right. jose, we thank you very much for joining us today from miami. >> thanks for having me. >> we're going to step aside. one for the road coming up next

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monica lewinsky coming back to haunt the clintons just in time for the big presidential race. clinton, the musical is making its offbroadway debut. it had a short run last summer at a theater festival. apparently it was so good they've decided to go prime time. the show focuses on the many clinton administration scandals including the monica lewinskygate. >> finally, will ferrell attempts a half court shot, but then something goes really wrong. watch. that's a movie, he's a guy that ends up too drunk. he's a stepdad. sounds funny. he gets kicked out. >> the fans are snapping photos of them. >> but it was a real game. >> let me tell you, janis dean out at a school yesterday mesmerizing kids with her broadcaster skills.

great job. bill: the new england head coach bill belichik is set to face the music on the allegations that his team broke the rules on the way to the super bowl. martha: i'm martha maccallum. at issue did the pats deflate 11 of the 12 balls used against the colts sunday. a softer balk make it easier to throw and catch. but a former patriot said he thinks the team is