it is tuesday i am ainsley earhardt. >> breaking overnight president obama's executive action on immigration is blocked by a federal judge in texas giving 26 states time to pursue a lawsuit to stop it. the president's order gives millions deportation but it could cause state's ir rep parable harm. the white house promising an appeal overnight saying quote the reaction is within the legal authority. it wrongly prevents these common sense policies from taking effect. the first executive order dealing with young immigrants wants to take effect tomorrow. >> a train derailment in southern west virginia causing tons of smoke to go sky high.

wow. a state of emergency is in effect for two counties after a csx train hauling crude oil flew off the tracks. 14 tankers exploding and a house catching on fire. 85 are evacuated at this hour. 100 cars jumped the track. one of them spilling oil into a river used for drinking water. residents being told to conserve their water as crews are bringing in tanker trucks. >> to an extreme weather. we don't need to tell you ten's of millions of americans feeling the freeze waking up to record low temperatures snow, dangerous commuteses as well. up in boston transit workers digging to clear the train tracks there after more snow pounded that area. this winter they have gotten eight feet. goodness. the snow on the ground is not the only problem. this massachusetts load couldn't handle the weight of the snow andtely caved in.

in new york city we are feeling the freeze.>> the south not being spared from the cold either. the semi-truck in kentucky could not handle the ice and the roads it got stuck on the side of the highway. >> good morning heather and ainsley. looks like the deep freeze will continue for so many americans as we head to the next several days. this will be a long arctic blast out here. take a look at some of the current numbers out here. heez are the current windchill numbers. this is what it feels like when you head out the door. minneapolis 8 below zero 20 below in new england. even across portions of the south you are looking at cold windchills. memphis feels like 4 degrees. another reinforcing surge of arctic air moves in bringing in temperatures that will be below

zero from far go to louisville, kentucky. here's a look at the current storm system areas of rain over the southeast. we have freezing rain in north carolina and south carolina. that's a big concern on the roadways. we are looking at ice accumulation. further north the snow coming into the coastal areas in the mid atlantic. heather and ainsley? >> all right. we will check back with you. isis gaining more ground by the way following the mass beheadings of egyptian christians. a new sign the terror group is pointing its sword all across the world. this as the state department says killing terrorists killing them isn't the answer. kevin is life for us in washington with that. >> good morning kevin. >> the white house will be hosting hosting this. they will stemming the tide.

i will show you the map for a moment. this under scores the idea that this is not an isolated incident. wer talking about isis with a growing footprint all over the world. islamic terrorism is every where. the u.s. and obviously partners try to do something to stop the spread. they are having some success. they admit there is room for improvement. >> we are killing a lot of them. so are the egyptians and jordanians. we cannot kill our way out of this war. we need in the medium and longer term to go after the root causes that leads people to join these groups. >> i want to be sensitive to the fact that if you are telling me and a lot of americans watching say if we can't kill our way out

of this what should we be doing? that will be the focus of the summit. we will talk more about that coming up today at 5:30. >> kevin port live for us thank you. what is your reaction to the comment, quote we can kill our way out of war. we can't kill our way out of war but we should help them get jobs? log on to fox friends first facebook page for a live debate #keep talking. >> it is time to look who is talking. oliver north warning the president better come up with a better strategy than air strikes to beat isis. >> al baghdadi the head of isis told followers to kill christians jews, police and military families. that's what they are doing. they have done that all over iraq. they have done it all over syria. they are trying to do it in the united states. they have threatened u.s. military families in the united

states. barbarians are here. it will take more than firing power. we are not doing it. >> all clear in denmark after a suspicious package forces evacuations in copenhagen over night. that package left near the cafe where a terrorist opened fire saturday. within the hour police announcing it was harmless. this as we knewlearn new information about the suspected gunman's connection to terror. he posted on facebook swearing fidelity to isis before the deadly rampage. last night a sign of strength from the wounded nation. 40,000 people packing the streets of copenhagen for a candlelight vigil to remember the victim. the man acutesed of killing three young muslims in north carolina now indicted on three counts of murder.

46-year-old craig hicks is accused of shooting the victim in their condo after a long running dispute over parking spaces. the fbi is investigating the case as a possible hate crime. hicks' facebook page has posts against quote all religion." . kill or be killed. slender man taking another turn. anissa we're accused of stabbing her friends 19 times. she told police she had to do it or else the fictional character slender man would kill her whole family. she apologized to the victim before saying she had no choice. they are charged as adults with attempted homicide. >> the prosecution expected to rest today but not before showing chris kyle's accused

killer confessing to police. >> ainsley, good morning to you. the defendant in this case confesses he committed the two murders but he is pleading not guilty by reason of insanity. he tells a texas ranger he is sorry for what he has done. meaning he knew the difference between right and wrong. he played the videotaped confession for the jury. he would not allow the media to hear but jurors heard him give his account. on the video george heard rob tell a police interrogator quote i had to kill a man today. i knew if i didn't take his soul he was going to take mine next. i am tired of playing chess with my life. prosecutors played four voice mails that routh this before going to the range. one provided insight into routh's state of mind before the

double murders of two men who were trying to help him deal with post traumatic stress. he stated kind of a sad day when it rains. it's a good sad. rains will come and rains will leave i guess that's what they do. prosecutors are expected to rest their case today. criminal law experts say the defense must prove routh was insane and did not know he was committing a crime when he killed kyle and littlefield. it may be hard to prove when asked whether he knew it was wrong to kill them routh replied, yes sir. >> that's all they have to prove. >> a fisherman discovering this capsized abandoned boat drifting off the coast in santa barbara. it was used to smuggle in drugs or people off the coast of mexico. the fisherman tried to keep the boat for himself but was arrested for withholding evidence.

>> a labor dispute spilling over to businesses and to you the consumer across our country. they left a major backlog. nearly every industry affected. almost half of the i am mported containers come from the west coast. it could cost more than $7 billion. >> former new york governor george pataki getting into the 2016 discussion explaining how he might handle tough questions for from the candidates. >> let's say you are sitting there with some reporter or at a presidential debate and they say to you governor, where do you stand on the issue of contraception. >> they talked to me about that for 12 years a left wing social agenda. i said i am working on keeping new yorkers safe. >> if you have access to the red button you have to answer everything.

>> what you have to do is focus on what matters to the american people. >> so far the former governor says he is only seriously considering a 2016 run. a russian supply shift will blars off up to the international space station. the cargo craft packed with nearly 3 tons of supply and fuel will take off to kazakhstan. six-hours later it will dock with the space station orbiting earth. right now there are 3 americans on the stayspace station. >> new orleans ready for a big celebration. >> it is "fat tuesday". a live look at bourbon street right now. pretty quiet. you can hear people yelling. that's going to change very soon. >> revelers have been partying for days already drinking, dancing in the streets and today floats costumes. the big party leading up to ash wednesday which is tomorrow and the start of lent. >> that's right. give something up.

>> it is 11 minutes after the top of the hour. without a trace a family desperate to find their daughter where she was last seen and the mystery man that could be behind it all. >> brand new information about osama bin laden just revealed what he made recruits do that's out of the scene of the sopranos. >> remember pokey man? it could be worth thousands of dollars. it's not the only toy in your closet you will be able to capture. when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving the instant it touches your tongue ...and neutralizes stomach acid at the source. ♪ tum, tum tum tum...♪ smoothies! only from tums.

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>> a desperate search for a missing 33-year-old woman in florida. her family pleading with the public for any help. april foster was last season with a -- seen with a man she met at a bar. she didn't show up for work at the bar she works at as a waitress. they usually hear from her every day. >> this isn't her.

we know something happened. >> she is a very talented girl. i miss her. >> police have questioned the man that april was last seen with along with her estranged husband. right now they do not suspect foul play. brand new information about a terrifying case of road rage in las vegas. the family of the mother killed outside of her house is now offering a classic car as a reward. tonight is a vigil for family and for friends. police said three people followed tammy meyers home and shot her after nearly getting into a crash. a restored 1965 chevrolet el camino. >> kurt busch driving on thin ice after being ordered to stay away from his ex-girlfriend.

they have ordered a no contact order. busch has to stay 100 yards away from her. nascar hasn't decided if he has to stay away from the racetrack for sunday's daytona 500. nascar says no action will be taken against bush until they receive more information from the court. >> armstrong and former team owner now ordered to return $10 million he received from sda as bonuses for winning 7 tour defrance championships. it led to a lifetime ban and stripping him of all of his wins. >> the results are in now. heather, the best wireless provider is... >> lauren simonetti. no. she is here from fox business and has the ratings for us. >> funny, heather.

>> the best cell service is verizon scoring top marks in the cat tories for reliability, speed, call and data performance as measured root met tricks. the -- met tricks. the only place they prpt the highest is text service -- tech services. we always tell you competition is good for consumers. this is good too. if you have an atlanta zip code you are going to get very, very popular. that's because southwest is offering offering free companion air fair to any flier who lives in atlanta and makes three qualifying round trips by may the 17th. fliers may also sign up for travel rewards. nice promotion there. now for your 5@5:00 the base can childhood toys worth thousands of dollars. in 5th place the lego statue of liberty fetched nearly 3 grand. pokey man unlimited booster box

rare selling for 23,4 -- 2,3500. in second mrals the 1978 luke skywalker in mint condition more than 12,000 dollars. taking the cake 1990 nintendo world championship gold edition cartridge 100,000 dollars. only 26 of them were made. >> i think i might have some cartridges not that one unfortunately. >> want to find loren go to the fox business network log on to foxbusiness.com/channelfinder. >> it is 19 minutes after the top of the hour. 50 shades of grey. plus a drive in movie theater equals a recipe for disaster. a big flop that has parents fuming. >> the pop quiz, who is this

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>> panic at los angeles international air force when an announcement mistakenly informs passengers a gunman is on the lose. 20 travelers stormed the tarmac trampling others when misinformation spread at one of the gates. there was never a person with a gun but a police chase did end right outside the terminal. that person was taken in for a mental evaluation. >> watch this. as a 92-year-old man smashes

into 10 parked cars. all of this happened in a matter of minutes. first he crashed trying to pull out of a spot. then he hits more cars while trying to back away. the driver had a medical emergency. >> a dramatic coast guard rescue after a fishing boat runs a ground. >> spinning around a little bit. trying to get a hold of them. >> pulling 4 fishermen to safety as 11 foot waves pound their boat. the captain sending out a mayday. >> 100 people are one step closer to becoming the first humans on mars. they will compete for the chance to win a one-way televised trip to the red planet. a dutch reality show is planning on sending four people by the year 2022. the show will not last very long because any one trying to go and live on mars will actually die after 68 days.

>> many of you enjoyed presidents' day off from work or school. we didn't. >> in honor of that day jesse waters hit the beaches of malibu california to see how much they know about our president. >> presidents' day is upon us. who is your favorite president? >> john f. kennedy. >> just because he's attractive, right? >> reagan maybe. >> you are a reagan guy? >> abraham lincoln. >> what bill is he on? >> he's not on the one. 10. >> he is on the 1. >> john f. kennedy. >> what's the f stand for? >> franklin? >> fritz. >> he was hispanic. >> fitzgerald. >> he seems like a typical dad

because he was the father to the next president. >> what do you mean? >> brother or something. kennedy. wasn't there two kennedys? >> i thought there was. >> ronald reagan. >> roosevelt. >> fdr. >> delaware. >> take a wild guess. >> not eisenhower. >> that was hoover? is that the hoover guy? >> john adams. nope. >> who is that? >> that teddy roosevelt. >> oh my god you nailed it. >> good for them. >> the time is now 26 after the top of the hour. coming up he's the rapper turned isis poster boy. turns out the fbi was on him all along. just how close will leave you speechless. >> a house turning to ice moments after firefighters put out the flames.

maria molina is tracking the deep freeze.

>> it is tuesday february 17th. feeling the freeze. am ten's of millions of americans waking up to another bone chilling morning. sub zero temperatures snow and a dangerous commute and the nation's capitol could see the biggest storm yet. we are live on the ground and tracking what's ahead. >> days after the brutal beheadings of these christians at the hands of isis the white house ashas a new tactic to win the war on terror. >> we cannot win this war by killing them. we cannot kill our way out of this war. >> wait until you hear the state department's new suggestions. >> and weed is now coming to an app store near you. apple's big move that has just given the green light to marijuana. fox and friends first continues right now.

>> the party is going on in new orleans. it is mardi gras in case you p didn't know. the streets are a little clear now but things will heat up later. >> good morning. welcome to "fox & friends first". i am heather childers. >> it is 31 minutes after the top of the hour. we begin with a fox news alert. breaking overnight president obama's executive action on immigration is blocked by a federal judge in texas giving 26 states time to pursue a lawsuit to stop it. the president's order gets millions of illegals deportation protection. but this judge says it could cost states irreparable harm. the white house no promising an appeal overnight saying quote the president's actions are well within the legal authority. the district court decision wrongly prevents the common sense policies from taking

effect. the first piece of the order dealing with young immigrants was to take effect tomorrow. >> to another fox news alert for you. a state of emergency after an explosive train derailment in west virginia sending plumes of smoke high in the sky. this happening after a csx train carrying crude oil through flew off the tracks. a house caught on fire. 35 people vakhomes evacuating at this hour. one spilling oil into a river used for drinking water. residents being told to conserve water as emergency crews bring in tanker trucks. >> to extreme blweather now tens of millions of americans are feeling the freeze waking up to record low temperatures snow and dangerous commutes. >> fire and ice in philadelphia.

firefighters battling three degree temperatures for three hours trying to put out the flames in this building. by the time they were done the building and their hoses coated in ice. >> also coated in ice niagara falls. tourists braving temperatures 13 below zero yesterday just to get a glimpse of the natural treasure. >> it is beautiful, though. >> over in boston they can't catch a break. people once again digging out from their homes their businesses. so far they had seen 8 feet of snow this winter. >> and our families down south are not being spared. freezing rain could make for a dangerous compute this morning. people are being told oh to lookout for the black ice. >> maria molina tracking what is happening today. >> my mom lives in south florida she thinks it is cold out when it is 50 degrees. we are seeing the cold all of the way down to parts of florida. overall take a look at the map. the current windchills are cold

across the rockies single dig get windchills in the city of denver and further east into parts of the northeast. you are feeling that arctic blast. that will continue for most of this workweek. here's a look at wednesday morning forecast low temperatures. keep in mind these aren't forecast windchills these are actual temperatures forecast below zero in the northern plains. that continues and gets colder out across parts of the southeast. single tigdig get temperatures across raleigh. the other big issue is the big storm system moving eastward. it is producing areases of rain across the united states, florida panhandle and ice concerns in north carolina and south carolina. heavy snow coming down across new jersey. there is significant snowfall forecast for portions of virginia and parts of southern maryland. you are looking at the potential for more than 6 inches of snowfall out there.

in the dark purple one we have advisories over carolinas with freezing rain advisories. we could be looking at ice around the carolinas icy conditions in place across portions of tennessee. heather and ainsley? >> thank you so much maria. the prosecution expected to rest today in the american sniper trial. but not before showing never before seen video of chris kyle's accused killer confessing to police. kelly wright is here with the details aboutwith another gripping day of it am. >> as you mentioned prosecutors are expected to rest their case today in the trial of the man who has confessed to the murders. he is not -- he is pleading not guilty by reason of insanity. on the day they were killed american sniper author chris kyle and chad little field were at the gun range trying to help

former marine 27-year-old eddy ray routh over come post traumatic stress. that day october 2nd, 2013, turned tragic when routh inexplicably killed kyle and littlefield. they showed a videotaped confession he made. jurors told him tell texas rangers i have tons of people eating on my soul right now. i knew if i didn't take his soul he was going to take mine next. >> jurors heard four voice mails he had for kyle before going to the range. giving a glimpse into his state of mind routh is heard saying, hey, man, i am just giving you a shout. kind of a sad day when it rains. it is good but it is sad. rains will come and rains will leave. i guess that's what they do. criminal law experts say the defense must prove routh was insane and did not know he was committing a crime when he

killed the men. it may be hard to prove, however, when asked whether he knew it was wrong to kill them. routh replied, yes, sir, and added, i am just sorry for what i have done. >> wow. kelly wright live for us in the studios. thank you. >> fresh on the heels of isis slaughtering egyptian christians the u.s. state department says the way to defeat isis is not to killing kill them. we are live with how the administration plans to fight isis. >> listen carefully. this is really i believe a window into how the administration views the problem. is isis a group that you can kill and defeat and destroy or is it a group you can dismantle slowly by getting to the root cause of why people joined the group and why they are attracted to a group like isis. if you take a look at the map there are people all over the world attracted to death, destruction

destruction, murder and mayhem in the name of the law and islam. that's their view. i am not saying that's more broadly the view of muslims. in this case that's what they say they believe. can you tillkill them off the enemy that is. some of the state department believe it or not say no. >> we cannot win this war by killing them. we cannot kill our way out of this war. we need in the longer -- medium and longer term to go after the root causes that leads people to join theseether it is lack of opportunity for jobs. >> is it a job situation? do they need employment to sdoptop killing people? we report you decide. by the way the white house's summit on countering violent extremism the last three-days they say it is a chance to reach out to different communities to try to prevent radicalization. we will be watching it carefully here from washington. >> kevin, thank you so much. live for us this morning. let's keep talking about the state department's comments on isis. what's your reaction to the comments she just made?

we can't willkill our way out of war but we should help them get jobs? head to our facebook page to weigh in at #keep talking. >> time for a look at who is talking retired general jack keen issuing a stern warning about isis and how powerful the terror group has become. >> isis is now the new face of radical islam. they are the most powerful influential radical islam movement that has ever existed. more than 9-11, al qaeda. the evidence is clear. what is happening with the so-called affiliates around the world is they want to be a part of isis. they are changing their stripes. it is not that isis is gone to libya or it's going to afghanistan. it's the fact that the radical islamists who were already there want to be a part of this movement. why is that? they fundamentally believe isis is winning. it is hard to beat and win against isis if you are not killing and capturing them. >> all right. back to weather.

washington, d.c. seeing one of the biggest storms of the season. frigid temperatures there. snow is claiming the country. >> the federal government already closed today. doug luzader is live for us in dc with the latest. good morning, doug. how are things out there? >> good morning. inside the car it is very pleasant right now. throwing in the towel today that's true. it doesn't take much to get them to shut down. but step outside with me here and you see why. it is really really cold. there's a fair amount of snow. you see where all of this has been shoved up by a plow. these sidewalks in front of the capitol dome are relatively clear. they have been worked on for a good portion of the night. federal employees are not going to be walking on those sidewalks. most of them are going to be staying home today. we talk about all of the snow that was forecast here. somewhere between 5-8 inches. not sure how much we gotti point. the real challenge isn't so much the amount of snow. it's the temperature out here. regular salt doesn't work when

the temperatures get too low. that's why road crews are using a special treatment for this storm. it it>> all right. doug. bundle up. >> it is now about 20 minutes to the top of the hour. we have new information about osama bin laden. it was just relegaled what he made recruits do like a scene out of the sopranos. >> they thought they were getting a beau kay like this but what he delivered. >> the celebrity apprentice is... >> the finale you don't want to miss. if you're suffering from constipation or irregularity powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets.

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>> new fears this morning the billion dollar breech of banks could spread. ashley webster is here now with how you can protect yourself. good morning ashley. >> good morning heather. the scale and sophistication of the bank hack attacks as experts worried about a trend in crime. they were so good at taking control of it they could dispense dispense cash at the banks. if banks can't beat the cyber criminals how can you the consumer protect yourself? for starters you should have a different pass word for every on-line account. ds a pain. you can use a pass word management tool like las pass that generates highly uncrackable pass words. you should also set up alerts on your bank accounts.

that means you will be alerted of any unexpected charges or unusual activity. in most cases you can designate a minimum charge amount to trigger one of those alerts. remember if you are on-line at a starbucks or a school or a library and there's an open wi-fi network any one sitting nearby can open as it goes over the air. with all cyber attacks the sooner you become aware the sooner you can take action. >> to find the fox business network log on to foxbusiness.com/channelfinder. >> top democrats are trying to bend the rules a bit. they are pushing the president to extend the sign up. they say the roughly 4 million who didn't sign up won't know they are being fined until they pay their taxes. at that point it will be too late. americans who did not sign up face a fine of 3 2r5 dollars or

2 percent of their income. apple is giving apps promoting marijuana the green light. this comes after it pulled mass roots from the app store. the pot users talk about drugs and smoking trends. apple did say it promoted illegal substances so they pulled the app. but now app is letting people who live where medical marijuana is legal download the app. oo will oo everything not coming up roses for 1-800-flowers. the company flooded with complaints from angry customers after their loved ones received dead valentine's bouquets. one man tweeting when you order the left from 1-800-flowers and the right shows up to your wife's workplace it wasn't the flowers that didn't meet expectations. a woman posted this photo of a box of melted chocolates she received. 1-800-flowers is working to resolve every concern. >> donald trump picking his new celebrity apprentice.

>> the celebrity apprentice is... lisa gibb bens. >> liz saw gibb bens beating out geraldo rivera. her prize 150,000 for her charity. it helps benefit families whose loved ones are suffering from alzheimer's disease. geraldo raised more than 725,000 dollars for his charity. it is called life's work for children who have developmental disabilities. >> congratulations geraldo. i am proud of you. >> 48 minutes after the hour. the college in big trouble for what's inside that prescription bottle. >> craving chocolates? is go ahead and indulge. >> firstlet check with what's on "fox & friends." >> i have behind the scenes

pictures and video and sound from last night's apprentice. also on the show a federal judge in texas puts a stop on the obama executive order policy. we have the fallout for 27 states. plus today the white house summit on violent extremism begins. what is missing? how about the term radical islamic extremism? how about that? we have the details and other terms you need to know. cheryl basscasone is here with the top companies and more. see you in 11 minutes.

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xfinity customers add xfinity home for $29.95 a month for 12 months. plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome. it sounds like something out of the godfather. al qaeda terrorists forced to sign an allegiance oath to osama bin laden. details of the mafia like contract discovered during the raid of bin laden's

hideout. the oath is expected to take center stage in the trial of nasir. a german rapper turned isis poster boy had a spy living under his nose. a report claims his wife was working for the f.b.i. and forge -- forge the bureau of top secret isis operations. the woman married him in syria where she transmitted information on the terrorist group back to her handlers. the u.s. designated him as a global terrorist. >> there is nothing sweet about this. georgetown's technical college in south carolina apologize to go parents. why? a faculty member handed out these prescription drug bottles filled with m & m's to the kids. the unnamed professor passing out the note happy pills at a college event.

parents worry it will encourage kids to get into prescription pills. the college said they were meant to promote the school's medical program. how about this for a happy deal? ♪ ♪ >> singer pharrell announcing that he has added a deal, or landed one for a series of picture books for kids. the first book will feature photos of children from all around the world celebrating what it means to be happy. it is six minutes till the top of the hour. overnight a major blow, a big surprise to president obama's amnesty plan. what you need to know. >> a pricey puppy stolen out of a store. within seconds where the thieves stuffed the small dog, right under his shirt.

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two minutes till the top of the hour. before you leave the house here's what's happening today, prosecutors in the american sniper trial expected to rest their case. this just a day after they showed jurors the accused killer's 90 minute reported confession. a federal judge put president obama's executive action on immigration on hold saying giving millions of illegals protections from deportation could

cause states irreparable harm. the administration promises to appeal. it is fat tuesday. party goers in new orleans are celebrating with parades, costumes before ash wednesday and the beginning of lent. >> don't forget to keep tawlg about the comment we can't kill our way out of war but we can help them get jobs. weigh in on #keep talking. >> time for the good, the bad, and the ugly. first the good, why not warm up with a cup of hot chocolate? boston researchers are testing the theory antioxidants in chocolate could relax your arteries and lower your blood pressure. the bad, thieves caught on camera stealing a pomeranian from a pet store. the owner chases after an accomplice who gets away. police are still looking for them this morning. finally the ugly, parents taking their parents to see the new sponge bob movie

get an unwelcome surprise. a driver near the movie played the movie near a store which composed kids to erotic films. good morning. a fox news alert. a federal judge blocking the president's plans to allow five million illegal immigrants to stay in the country. what this means for the president's executive action and what the white house is saying this morning. >> they behead innocent victims while threatening to destroy the united states and the west but according to the white house, here's how we can win the war on terror against isis. >> we can help them build their economy so they can have job opportunities for these people. >> defeat isis by giving them jobs partisan great. how would you like to be isis's boss? >> millions of americans waking up to r