to respect their teachers and adults. >> i respect free speech i hope the parents win. thanks to everyone who responded. zero tolerance gone too far? "fox and friends" starts right now. good morning, today is thursday, may 14th. i'm elizabeth hasselbeck. a fox news alert. he was at the controls of that amtrak train going over 100 miles an hour when it shot off the tracks killing seven passengers. this engineer claims he can't remember what happened there. we are live at the scene in seconds. a man mwith hammer attackin a police officer there. the shootout that followed and how an iraq war veteran saved the day. and country music star blake shelton goes off on america's

youth. what he said that has the internet going crazy. by the way, mornings are better with friends. hi everybody, thank you for joining us in studio e. good morning to you. >> welcome to everybody. we're considered what's going at amtrak. there is other news going on when you consider the sunni summit in washington. we have the political forays. we start on the front page of the paper in no, a fox news alert that amtrak train was traveling 106 miles an hour in a 50 mile per hour zone. six people were killed so far. >> and the man behind the

controls says he doesn't remember a thing. we can't talk to him now. it looks like this guy lawyered up and is gone. >> we can report progress being made at the scene. the ntsb is moving some of the train cars and the engine to a secure location for further investigation. we have imaged of some of the cars wrapped in plastic being prepared to be moved. we saw three use tractor trailers with new tracks being brought in. the ntsb has released the track back to amtrak so it can be repaired. the work is underway. we have conflicting reports of how cooperative that engineer of the train is being with investigators who are convinced the accident was the result of excessive speed. the speed limit on the tracks leading up to the curve is 80 miles per hour. the train was doing 106 miles per hour according to the ntsb when the engineer identified a

32-year-old brandon bostian slammed on the emergency break. he was allegedly doing double the posted speed limit when the engine and seven passenger car flew off the tracks killing seven and injuring more than 200 others. darryl griffith, a dean, gym gai gaines, rachel jacobs was a chief executive of a small tech company in philadelphia. justin zemser a 20-year-old navy academy midshipman was on his way home. he was a high school val valedictorian and was finishing his second year. >> he was a loving son, nephew and husband. this tragedy has touched us in the worst way.

we wish to spend this time grieving with close family and friends. >> meanwhile, the search for some missing and unaccounted for continues. this is a picture of bob gildersleeve a flyer his family gave me at the hotel. they say he boarded the train in baltimore. texted someone from the train. they haven't heard from him since. they've checked the morgue and all the area hospitals. they can't find him. they believe, unfortunately, he may be another victim buried in the wreckage behind us. >> all right. rick leventhal in north philly. a dozen people still missing and unaccounted from from the crash. maybe they may have held a ticket and didn't get on. it's not the same as getting on an airplane. >> when they get the black box and the understand the speed limit approaching the curve being 70. the mayor said call -- called it wreckless.

the only way for someone going that fast is if you're having a heart attack. it was not equipped with positive train control. ft you have a car that's been developed in the past couple years. the actual feature that will break for you and let you know a light comes on when a car is approaching on the highway, you could parallel that to this positive train control, which other tracks and trains have been equipped with it in this area right here. it had not been implemented as of yet. it could have warned the engineer, actually sent signals before this crash. >> it would have slowed it down. >> in 2008 congress said, okay, through 70,000 tracks with this control. it would take control from the operator should they be irresponsibly speeding or some type of failure. meanwhile, outrage about 15 minutes after she climbed out of

the wreckage, a violinest at the washington opera, jennifer kim tweeted out this. hey amtrak thanks a lot for derailing my train. can i get my violin back from the second car of the train? twitter erupted. they go, hey, there are a bunch of people dead this morning we know of at least seven. i misspoke earlier. what poor taste. she then deleted the tweet then deleted her account. and people just said, we cannot believe the insensitivity. so many people died and she wants her violin. >> now, let's talk about maybe possibly insensitive. you make the call at home. >> oh, it is. >> that is. as i switch gears i should have made that clear. congress says they had a big debate on the floor between republicans and democrats. people are emotional. they said, hey, republicans, democrats, give more funding to amtrak instead of cutting the

funding. this type of thing wouldn't happen. listen to this debate. >> i will say as a general matter since his first weeks in office, the president has been a leading advocate with a strong support and input of the vice president in investing in our infrastructure. >> this is a wakeup call, a reminder of how much we depend on our mass transit, how much we depend on our roads and bridges. how much our safety is directly linked to the kind of investments we make and how we get around. >> last night we failed them. we failed to invest in their safety. we failed to make their safety a priority. >> so, you know, in the infamous words of rahm emanuel never let a good crisis go to waste. democrats are accusing republicans of that amtrak crash because they had not funded more money to fund amtrak. keep in mind, amtrak gets huge

subsidies from the federal government and the -- there are the spending caps that were put in place with the sequester. and whose idea was the sequester? the white house. the problem actually started with the sequester and the white house. congressman mike simpson, a republican of idaho was horrified that the democrats were trying to use politics on the day these people died. >> you have no idea, no idea what caused this accident. and to use that as a means of supporting the last amendment, support it if you want to. but don't use this tragedy in that way. it was beneath you. >> 30-21 over party lines to not increase that budget on that. plus, basically the government running amtrak and it hasn't been efficient from day one. they got to figure a way to priveatize it. >> the northeast corridor where

we live, this is a very profitable part. the problem for amtrak is there are a lot of congress people who want the train to run through their district and there aren't ma many people who get on it. we have a guest coming up in four minutes who will talk about how we can fix it. there's got to be a way. >> solution minded thoughts coming your way. heather nauert is standing by with what went on overnight. good morning everyone. start out overseas. new information coming in overnight. the taliban claiming responsibility for a brutal attack that left one american dead and 13 others killed. the terror group targeting foreigners in kabul afghanistan storming a guest house. the standoff lasted hours. as police tried to rescue those, three gunmen were taken out by afghan special forces and an

extended fire fight. at home, a suspect has been arrested in the deadly shooting of two mississippi police officers. he's been arrested for obstruction of justice. officer liquori tate's funeral is saturday. we're talking politics looking to 2016. fox polls put former florida governor jeb bush ahead of the pack. 45% of americans say they'd vote for bush. he is the omccontender to beat hillary clinton in spite of he hasn't run. >> if i run how do you sustain

growth. >> maybe he was misspeaking. those are your headlines i'll see you back here. it is the worst kept secret in washington. meanwhile, a fox news alert. a wild police shooting unfolding on the streets of new york city. >> a female officer attacked by a hammer wielding man. the nypd had been hunting for days. >> anna kooiman here with the dramatic end. >> on busy streets as well. the man wanted for attacking four people in new york since monday has finally been taken down. the dramatic scene unfolding on a crowded street. this video is hard to watch. the suspect can be seen standing on a street corner. when two officers approach him he lashed out with the hammer and strikes a officer three times with the claw side of the tool. a quick thinking officer fire and hits the suspect twice.

the suspect is in critical but stable condition. the officer is said to have suffered minor cuts and bruises. police commissioner bill bratton praising both officers for their ha here oism. >> they reacted quickly and instinctually. my belief based on the investigation, to this point, that the male officer may have saved the life of his female partner. >> he had been wanted in four hammer attacks since monday. video shows one of the brutal assaults here. he has a history of mental illness. he voluntarily left a mental institution a few months ago and posted this drawing of a bloody hammer to his instagram last year. it is the second time in just months new york's finest have been attacked. as of this morning charges have yet to be filed against the

suspect. >> those are the two of cops that need to be retrained? >> some crazy stuff on the streets of new york city. >> 12 minutes after the hour. coming up straight ahead, in the wake of a train tragedy, democrats are calling for more money to fix amtrak. is this the problem the government can fix? total disrespect for our veterans a hearse carrying a flag draped coffin spotted taking a few pit stops. we'll tell you where. ♪ taking charge of

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i'll just take a water... get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. there is technology that can stop another deadly amtrak crash like we saw in philadelphia. it isn't always used. why is that considering taxpayers spend more than a billion dollars on amtrak? mike ashe joins us now. thanks for being here with us. explain to us what you see as the problem and what the solution could be and what we're facing on the heels of this deadly train crash? >> we all watched across the world in horror as you watched the germanwings experience a few months ago with the pilot who did what he did. there is not a lot of technology to address the situations. in this situation there is. there is technology in place to be able to deal with a train

conductor who may be going too fast -- >> are you speaking about this positive train control, is that the technology you're speaking about? >> right. that deals with the infrastructure failure which some people are wanting to have that conversation about infrastructure. it also deals with the human failure. it appears in this case -- we knew quickly there was a speed issue which we talked about yesterday morning that deals with the human failure. in this case speed. it will slow the train down. what's happened is people have changed the discussion to talk about high speed rail and other distraction issues rather than getting what we have today to be done well. >> how many times have we heard that talk about high speed rail and joe biden rode amtrak for years, but so was the president. you were telling us earlier, instead of talking about high speed rail they should have been talking about the rail we have and upgrading it. >> you could ask the president what he had for breakfast in

2008 he would have said high speed rail. they have allowed amtrak trains to drive across a 100 year old bridge in new jersey. an old car is an antique. an old bridge is a death trap. >> how do you revamp it? this positive train control was put into play in 2008. they said do it. 70,000 miles of track. it's 2015, it's still not done. there's a problem. >> people want to have the discussion what does amtrak have to do to fix this. i'll compare this to the rangers from last night. the team can only play so well if the conditions they're allowed to perform on. so the rangers have made an investment in the rink and facilities and where they play so they can be successful. amtrak has been able to increase ridership. reduce debt and reliance on taxpayer dollars. but the rink, in this example, is not well performed. they haven't fixed the bridges or the rail. they haven't put the technology

in. government has to stop forcing them to run these trains to nowhere and allow them to do what they do well. the northeast corridor is profitable. >> it's not more money is the solution, it's a reprioritization of the money. >> we don't need more money, we need it spent in the right places. >> that would be unusual for government to do. >> let's let amtrak being successful. coming up. he thought he had his morning routine covered until he forgot something in his car. watch. >> i left by accident my toddler in my suv at the north quincy station. >> boy, was he wrong. you got to hear how that one ended. a heroic army veteran smashes a car window to save an overheating dog. he was locked inside. the veteran gets arrested and facing charges because technically that's illegal, saving a dog's life.

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we have quick headlines for you on this thursday morning. caught on dash camera. a driver slams -- did you see that head on into a south carolina deputy cruiser. behind the wheel a suspected drunk driver. the deputy sheriff walking away with minor injuries. it could have been a lot worse. the cruiser? a total mangled mess right there. a 15-year-old girl drives her drunk parents home from a concert in atlanta. her dad is facing a dui charge. the teenager who has a learner's permit didn't make it out of the parking lot before hitting a

jeep. adults must be sober while in the car with a teenager who is driving on a learner's permit. now you know. brian? all right. he saw a dog in distress locked up in a hot car. one of our military veterans jumped into action. he grabbed a foot rest of the wife's wheelchair and smashed the window and saved the dog. then, the cops showed up and took him to jail. >> i knew there would be consequences. but it didn't matter. i mean, glass, they make new glass every day. but you could never replace that dog. >> was he a hero or a vandal? here to debate this is lisa and heather. lisa, it turns out he smashed the window and the owner of the car was i was in for five minutes. what are you doing? was irate. who is right? >> the owner can't be right. she wasn't in for five minutes,

because when this man approached the car, there was already a crowd around the car. they had already called police. he took off the leg of his wife's wheelchair to break the window to save the animal. obviously, the man had the best interest of the animal, and this is a 22-year-old girl who was probably very embarrassed and trying to get the attention off of herself. to then charge this man with criminal trespass is ridiculous. it won't go anywhere. the police charged him. however, there's an defense that says the breach of the law is more advantageous to society than strict adherence. this will get it dismissed. >> the owner was irate and pushed the issue to begin with, what does that mean for the case? >> she can decide whether or not to press charges. the public opinion is against her. it's a case made for hollywood. you have a desert storm vet, a dog. using the wheelchair to break

the window. this is against the law. he could have gone into the store, called 911 or looked for law enforcement. you have to do those things if it's a child. when there's a pet in the car, georgia law does not protect someone from taking justice upon themselves and breaking the window. unfortunately, here, since she's pressing charges he may actually face a fine. >> i don't think he'll face anything. i think, actually, georgia law does make the act of the owner of the dog a crime under a cruelty to animals. she was charged. and, actually, it really is the onus on georgia. sometimes there are just bad laws. 16 states, you're not allowed to lock your dog in the car. in this case, maybe this will change the law in georgia. to say he will face anything, never before in the united states has anybody been prosecuted for rescuing a dog and breaking the glass. >> i think 99% of people has

glass insurance. heather, let me ask you this, does it matter he said i have ptsd and i've seen bad things happen to humanity, does that show to the case of the owner that he was being irational? >> lisa is absolutely right. what jury is going to convict this guy. it is a stretch. what happens here is the owner of the dog was embarrassed and rather than using common sense saying you pay me for the window. she's got herself in a position where she has bad publicity. this veteran has won an award from peta for what he did. people will laud him as a hero. >> that said the dog was panting. >> she'll get a lot of attention the day it goes to court. >> it will if it goes that far. i want to get your opinion on this, what do you think if that was your car and it was five minutes, would you be upset

or do you see the veteran as 100% right. go to friends@foxnews.com or twitter or facebook. take a look at this video, a driver stopped for a cup of coffee leaving his hearse carrying a flag draped coffin in the parking lot. country music star blake shelton goes off on america's youth. what he said that has the internet going crazy. happy birthday to mark zuker berg he turns 31. i think she tried to kill us. no, it's only 15 calories.

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need to lower your blood sugar? ask your doctor about farxiga. and visit our website to learn how you may be able to get every month free. here's what everyone is talking about. it's still the deflate gate scandal. even the white house is weighing in. yesterday they encouraged tom brady to be mindful as the way he serves as a role model.

then president obama snubbed out a cigarette and went golfing on a weekday. >> funny. >> it was a very funny -- it was very funny yesterday to see josh earnest. was it two days ago? my message to tom brady was to be a role model i think because he blew off the white house. >> he was absent from that. >> the word is he doesn't approve of the president's policies. >> the reason we brought that up. there are a lot of people in this country that look up to celebrities, whether they are sports celebrities or movie stars to help us figure out how we should think, you know what -- >> like lindsay lohan. >> she's in trouble. she didn't show up for community service or something here in new york city. blake shelton, country music superstar got on the twitter

machine here is what he started on a viral rant. >> to all the young people out there, make up your own minds about this country and the rest of the world, listen read watch and decide. remember, he went on again that hollywood celebrity's opinions are no better than yours. in fact i'd rather hear yours. #truth. those were retweeted about 10,000 times. we add that together. his influence as a country music star and celebrity is being shared. >> he tweeted out mike are phones only make a voice louder not powerful. after it had been retweeted a zillian times. sorry about the rant. >> those seem to resonate with the twitter followers there. they were retweeting. >> he's right. >> listen, from the beginning of time, people always looked up and idolized people from your parents down.

i like -- >> he's not right about the reglre regularly scheduled drinking. >> i had a solid family background. and cuream abdul jubar. i would say this. even if you go back. plato looked up to socrates. aristotle looked up to plato. we also look up to people -- >> i like that he said read write and make up your own mind. >> how many people -- people actually look at the kardashians and try to emulate them. >> i know. >> so what does that say about our culture? he make as great point. >> who did you look up to when you were little? we would love to hear who you idolized and did they let you down. >> like your own american idol. >> heather nauert who did you

look up to? >> you, brian kilmeade and look where i am i work with you every day. good morning, i got a few headlines i want to bring you. a serious story overseas the search is on for a u.s. marine helicopter that is missing in nepal. that search is in its second day today. the pilot has been identified as captain chris norgren from kansas. the chopper dropped off radar tuesday after it reported a fuel problem while filing a earthquake relief mission. it's possible he landed safely and that is giving family and friends a lot of hope. >> he's a great guy with a lot of passion. always had a lot of passion. he was doing what he loved most, that being a pilot for the marines. chris can land that helicopter. >> it was carrying six marines and two soerldiers from nepal's army. it is being called a total

lack of respect. two hearse drivers have been fired after they made a pit stop while carrying the body of a war hero. this hearse was spotted in new port richey, florida. many are outraged by this. >> i was physically ill when i saw that. and i was very upset. i have been on funerals where we had to travel for four hours to do a funeral in full uniform. in the dead of summer in florida. we didn't stop to get coffee or bathroom breaks. you don't do that. >> the hearse was carrying the body of korean vietnam war veteran lieutenant colonel jesse coleman. coleman's family says they have forgiven the funeral home. they will lay hem im to rest. a frazzled father forced to call 911 after he realized he made a huge mistake. >> i left by accident my toddler in my suv at north quincy

station. >> you left what? >> my little baby. >> the poor father. the dad accidently left his 1-year-old daughter in his car at a boston station and didn't realize it until he was almost at work. he called 911 and emt's arrived a short time later and found the child safe and happy. dad says he's too embarrassed to give his name. he said the baby had fallen asleep in the child seat and i went into autopilot. we will be doing more to prevent this going forward. a michigan mother giving birth to her 13th child. can you imagine this? wow. you think it's impressive she has 13, did we mention all are boys? mom and dad looking forward to having a girl. as for baby 14, she says never say never. and throughout all her pregnancies she never found out what the sex was until the baby was born. >> 13 boys. >> can you imagine?

>> that's a whole team i'll take it. >> you have to put name tags on those boys. >> just use numbers. >> hey, blondie put down the captain crunch and your sister. >> 12 children and they are all happy and fun. if i could have 13 -- >> you would have had 13 kids. >> don't get any ideas, tim. >> they should have done what you did in your family and named your boy just after you. it makes it easy. >> hey, me. it's 21 minutes till the top of the hour. newest american id crowned last night. the next season will be the last season. what went down during the star studded finale. let's head to the fox light with michael tammero. was there a lot of emotion yesterday? >> a lot of excitement. it was nick versus clark and the battle for the 14th edition of

american idol, this is how it went down last night at the doleby theater. >> nick fradiani. >> it was 29-year-old nick tr fradiani's moment winning the 14th season. >> seeing my parents out there, the whole thing was just insane. >> we talked about who really is the most ready to go to radio tomorrow. and i felt that nick was. and apparently america did, too. i'm taking nick fradiani to nashville. >> runner up clark beckham came ipsecond. >> i cannot possibly explain how grateful i am for american idol and for the judges and for this platform. ♪

>> two hour celebration show cased chart topping acts. sharing the stage with the top 12 finalists including fall out boy, steven tyler, pit bull and ricky martin. and the judges got in on the action with keith urban rocking a solo turn before reuniting with jennifer lopez and harry conic, jr. for a medley. >> when i was showing them quips from year, i leaned over and said when this happens this time next year i'll probably be balling my eyes out. >> it was nick's night and advice for his post idol career came pouring in. >> it's about the songs. he's got a great song with that song he just sang. if he has an album of socngs lie that he'll be fine. if you want to have a long career, write songs every day.

>> say what you want, idol may be a fading franchise but it was nothing short of electric last night. and nick's debut single beautiful life is shooting up the charts as we speak. the big news, of course, is that next season will be the final season of idol, brian, this is your shot, oddatiauditions have started. >> i need talent and ability. >> you can do it. >> you could be the next one. >> when they try out all the last winners and maybe even simon cowell coming back should be big. >> my kids are picking nick. a hot debate, the nsa surveillance of americans. judge andrew napolitano to weigh in on that. ♪

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well, with the debate over the nsa's collection of phone records. one senator making a shocking claim. >> now practice is inbest word that i can use to describe the amount of data that's actually being collected in the meta data program. the way it's being implemented today. i don't see how it's much useful at all to the american people. i think you're going to see people on both sides of the aisle now pushing in a different direction wondering why not more data is part of a data base, if

you will, that is used to protect our citizens. >> and despite the federal appeals court ruling the nsa's spying practice is illegal. congress voted to reinstate the program yesterday. so where should americans stand on the issue? fox news senior judicial analyst judge andrew napolitano with his take. it's a heated one on senator's corker's comments. >> it's a hot issue because the house of representatives voted on it yesterday. the senate will be debating it. because senator rand paul and senator ron widen wid filibuster this. their argument is that the constitution does not authorize the government to capture all information about all the people all the time. >> because of the fourth amendment? >> right. the government right now captured every e-mail, text message, every phone call, every monthly ststatement from your bank, every credit card bill. and it puts it all in its data

base. that's the constitutional argument. if the government wants something from you it has to have evidence about you and present it to a judge. if the judge agrees, it gives the search warrant. the government can pursue you. the practical argument is the government has collected 28 times the contents of the library of congress. according to former nsa officials, leaders of the nsa, that is far too much material for them to wade through. the reason why things like major hassan at ft. hood can slaughter 13 people, the reason why the boston marathon killers were able to do that, the reason why the fanatics in garland, texas, almost got through is because the nsa didn't see it because it's spending too much time sifting through too much information. if they did what the constitution says, get evidence about bad people, focus on the bad people, not everybody else, they'd comply with the fourth

amendment and they'd catch these things before they happen. >> is that a dangerous statement by senator corker? >> it is. before he said that he had a briefing by nsa folks. he wasn't allowed to tell us what they told him. we don't know what they told him. but we do know that they are in favor of this so-called freedom act. the so-called modification. i say so-called because it not only doesn't restrain them, it gives them more spying authority than the patriot act. >> it's interesting. you write that so well. they are spying on all of us in ways the patriot act fails to do. >> it did not come out in the house debate. there is only a hour on each side. the senate debate which will start next week. they can debate as long as they want and as much detail as they want. if the american people want the

government to spy on all americans all the time. there should be a national debate so we know what we're getting into. that debate hasn't happened. >> judge andrew napolitano, thanks for being here. president obama comparing the richest american success to dumb luck. what about hard work? stewart varney said he just insulted millions. he is here next to talk about t. one of the most popular cities for spring break bans booze. >> oh, come on. >> i'm serious, judge. the decision is in.

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did you see this? president obama comparing the richest americans' success to dumb luck. listen to this. >> there's a fairness issue involved here. and by the way, if we were able to close that loophole, i can now invest in early childhood education that will make a difference. and if we can't ask from society's lottery winners to just make that modest investment, then, really, this conversation is for show. if we can't ask them -- >> stewart varney joins us now. the president referred to society's lottery winners, who are they? >> he's saying is reversing what you've always learned about america. i've been here 40 years. i've learned that you work hard, exercise some discipline, show

your brains, talent, drive andm abiti ambition and you work your way to success. the president says, no, there's a lot of luck involved. you won society's lottery winners. it's luck that got you where you are. that's a terrible message to send to middle class america. it's insulting to millions of americans who get out of bed and achieve success. they're hardworkers and americans. >> they're lottery winners to the president. they have money to burn why can't they give more. >> he was specifically referring to hedge fund managers who earn a lot of money, some of them. they pay a lower tax rate because of the structure of their industry. he says, tax them more. now, that's a strong political argument. it's difficult to combat that. what he really wants is just raising taxes. he wants more money for the

government to turn it around and spend it on programs. >> that would have been a perfect time for the president to talk about we've got to reform all taxes. he picks on the most successful people in the country. >> it's a political argument. >> it's all political. this was at a poverty summit at georgetown university in washington, d.c. talking about the poor. the problem for the poor is, they need jobs in many cases. under this administration, there haven't been enough developed. >> you need growth. you've got to grow the economy, 4%, 5% 6% to get the jobs back. all the president wants is tax increases. he thinks that's the way to grow the economy. historically he's wrong. >> when we send our taxes to washington, they're so successful. >> stop.

sarca sarcassism is low form of wit. we're live in philadelphia with what we're learning about the guy who was driving that amtrak train 106 mooiriles per . the party is over. the new rules that could change spring break in florida. shopping online... ...is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners... were just as simple? thanks to angie's list, now it is. start shopping online... ...from a list of top rated providers. visit angieslist.com today.

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application site redness, itching, swelling, burning or stinging, blisters, and pain. smash it! make the call and ask your doctor if jublia is right for you. new larger size now available. good morning. to you today is thursday, may 14th. i'm elizabeth hasselbeck. a fox news alert now. he was at the controls of that run away train when it went flying off the tracks at over 100 miles per hour killing at least seven people. the engineer claims he cannot remember what happened. we are live at the scene for you in seconds. the video terrifying, a maniac with a hammer attacking a police officer in broad daylight. the shootout that followed and how an iraqi war vet saved the day. spring break in one city has gotten out of control.

lawmakers decided to ban booze in that part of florida. we'll tell you where. spring break is sobering up. live from new york city, you're watching "fox and friends." we're getting a fox news alert for you. crews working to remove a mangled metal mess left over an amtrak train derailed in philadelphia tuesday night that killed seven people. >> they have not stopped working. all eyes are on the engineer as we learn the train was flying down the tracks at double the legal speed when it crashed. rick leventhal has been all over the scene and he has the latest. hey, rick. >> well, good morning, you know as soon as the ntsb investigators got here, they suspected excessive speed may have been the cause. the ntsb now saying the train

was traveling at 106 miles per hour when the engineer applied the emergency brake as he hit the curve where the speed limit is 50. the train was going 102 when it flew off the tracks. the engine slid forward and didn't roll over. the first car mangled and the other three cars on their side. five of the cars and the engine are being moved by the ntsb to a more secure location. we're told that might be in wilmington, delaware, likely a hangar where they can be closely dammed. the data recorder are being examed at ntsb headquarters in washington. they're starting to repair the tracks. we saw tractor trailers roll in with new tracks so that amtrak can reopen the busy line. the ntsb wants to question the engineer of the train identified

a brandon bostian the 32-year-old from memphis reportedly sufferered a concussion. we're told he refused to answer questions. he hired a lawyer and is saying he doesn't remember the crash. his attorney told abc that bostian gave investigators his cell phone and will answer questions. but what he can tell them if he doesn't remember anything remains to be seen. five of the seven confirmed deaths have also now been identified. naval academy midshipman justin zemser, associated press worker jim gaines. wells fargo executive abid gilani. rachel jacobs and college dean derrick griffith. we are learning there may be in fact more bodies in that wreckage as they continue to try and clear it this morning. >> all right. rick leventhal reporting live. it looks like the guy was driving too fast, going 106

miles per hour. >> do you remember the gentleman that sat next to you? i forgot his name. >> jeremy. >> you know how he said he liked to walk the train. he said i did feel as if i was being knocked side by side because the train was going so fast. >> there had been some suggestion, that the train was behind schedule when it left philly. maybe the guy was trying to make up for lost time. it looks like right now a simple cause, the guy was going way too fast. and yet, yesterday, on capitol hill, voting on a funding bill democrats used yesterday's accident down in philly to accuse republicans, essentially of having blood on their hands. this happened because republicans were not funding enough to amtrak. it's true, they made that debate. here is some of what they said, including the white house, and then you'll hear a congressman, a republican, tell them, come on, really, guys, really?

>> i will say as a general matter since his first weeks in office, the president has been a leading advocate, obviously, with a strong support and input of the vice president in investing in our infrastructure. >> it's a reminder of how much we depend on our mass transit, how much we depend on our roads and bridges. how much our safety is directly linked, the kind of investments we make and how we get around. >> last night we failed them. we failed to invest in their safety. we failed to make their safety a priority. >>ou have no idea. no idea what caused this accident. and to use that as a means of supporting the last amendment, support it if you want to. but don't use this tragedy in that way. it was beneath you. >> i like that he said this is no time for political

opportunism. the ntsb is giving the engineer post trauma time to answer questions. to take advantage of this politically seems gross. >> they voted not to give another $250 million to an industry, to a line that already costs $1.14 billion. in terms of upgrading the safety, the money is there. it's how it's allocated and implemented. it comes back to a positive tracking system, which is done through radio signals. which is not installed on all 70,000 miles. even though it's been budgeted. >> it's not about chucking more money at the situation. it's refocusing where the money should go they already have. >> it looks like the guy was going too fast. how much does it cost to drive the speed limit? you don't have to spends billion dollars on that. the democrats put up two amendments both for more money than amtrak was actually asking

for. and they were voted down. because of the sequester caps. the republicans said we got to live by these sequester caps which we know the sequester came from the white house. >> our guest had these observations. >> amtrak has been able to increase ridership, reduce debt and reliance on taxpayer dollars. the rink, in this example, is not well performed. they haven't fixed the bridges, rail, they haven't put the technology in. government has to stop forcing them to run these trains to nowhere and allow them to do what they do well. the northeast corridor is profitable. let them do that well. we need money spent in the right places. >> that's his view. amongst the victims, most of the patients, believe it or not are going to the hospital with rib injuries, not head injuries. we're still looking for 12 people. >> that investigation underway. we will keep you posted on all

that throughout the morning as new information coming in. heather nauert is here with headlines for you at home. good morning. we're getting some new information from overseas this morning. new overnight. the taliban claiming responsibility for a brutal attack in afghanistan that left one american dead. 13 others were killed. the terror group targeting foreigners in kabul storming a guest house at the park palace hotel. that standoff lasting several hours as police tried to rescue those who were trapped inside. 3 gunmen were taken out by afghan special forces. a fifth spect rested this morning in the deadly shooting of two mississippi police officers. he has been charged with obstruction of justice he joins marvin banks who faced capital murder charges and three others. this saturday officer licory tate will be laid to rest. today his fellow officer will be laid to rest. some insane dash cam video

shows a moment the driver comes off the highway. the driver losing control when the front wheel blowing out. it struck a cable barrier and that prevented it from slamming into traffic. the driver and his passengers suffering minor injuries. those are your headlines. and coming up in just a little bit i want to tell you, a fantastic story about a company doing a lot for our veterans. >> i'll be with you in 30 minutes. as you can see right here. ainsley earhardt joins us. you have been covering for the sean hannity program the craziness going down along the pan handle of florida regarding spring break. >> panama city beach. you've seen the video. we were there last year and this year in march and april covering spring break. what you see there on the beach. you see all kinds of crazy things. you see -- >> look at that keg. >> yeah, i know. so much drinking down there. they're now putting alcohol in

gallons, like milk jugs and drinking it. every girl and guy had these milk jugs. they were drinking alcohol all day long. our coverage couple would the seven shootings and the gang rapes that were caught on camera. for the first time in two years -- the city has been talking about changing laws. the city council has voted 5-0 to change the laws. there will be no more drinking on the beach next year at spring break. the bars have to close and stop serving alcohol at 2:00 a.m. instead of 4:00 a.m. >> this is panama city beach. the new ft. lauderdale, they knew how to clean this up, right? they are just like other cities did. panama city beach said we're making a lot of money. they're all sleeping in the same hotel, in their cars. they're not going to restaurants. everybody was suffering. >> the city was not sure whether -- many people were speaking out against changing this because they were scared it was going to hurt the economy. we're talking about lives.

girls are getting gang raped on the beach in the middle of the day. people are standing around her and no one is doing anything. you have to draw the line like you were saying during the commercial. >> do you believe that 2:00 a.m. will make a difference? >> that's going to be the question. is this going to do any good. they will test it out next year. how are they going to be able to be on the beach and monitor whether or not individuals have alcohol in their jugs or whatever. >> they will figure a way. they won't be able to flaunt it. people are still going to go to that area, destin, panama city, places like that for spring break. the bars will be open till 2:00 in the morning. if want to go to drinks -- >> very simply say no on the beach. don't book bands that play till 4:00 in the morning. >> they have two huge bars right there next to each other. all of the kids go behind those bars on the beach and that's where they congregate. it is shoulder to shoulder. it is very scary.

when we were out there for our cameras we didn't feel safe we had two body guards. they're drunk. all these kids are drunk. the boys are it hadding itting . they're all circling around you. girls are flashing. it gets out of hand. the body guards were pushing people off left and right. most of the time i felt safe, there with a few times i didn't. that's when the police go through. they're one beer bauottle from riot. >> seven people were shot in one weekend. >> exactly right. >> you have done a remarkable job shining light into this situation. >> we don't want to be fuddy duds. we all did spring break. >> got to have fun, but draw the line. >> it's about saving lives. >> i actually have never gone to spring break. we'll talk about that. >> i never did either. >> i had to work. >> i went to padre island. >> i had batting practice. >> i'm sure you made up for it.

>> to be continued. all right. we'll find out. >> research. >> the good news now all the funnels will go back to jiffy lube. >> exactly. >> in all seriousness, great work. >> thanks. all right. meanwhile, coming up straight ahead. remember the tureacher who thout it might be cute to have her students write get well cards to a cop killer in jail. now we know what's going to happen to her. as isis grows, america cuts. top military leadership sounding the alarm on spending cuts. the secretary of the u.s. air force joins us live next here in the studio. ♪ we are family ♪ get up everybody and sing

all right in the wake of an attempted terrorist attack on u.s. soil. it's more important than ever that the united states be ready to respond for a terrorist attack or be on the offensive so it doesn't happen. according to our next guest we're not getting ready. the secretary of the air force joins us. ms. secretary, thanks for

joining us what's your greatest concern? >> we're the smallest air force we've been since 1947. we have got to get our overall readiness levels up so we're prepared for any sort of fight we may have to take on. >> this year you have $136 billion. next year you'll have $152 billion. that is not enough. >> we are looking for the president's budget levels. if we get that we feel we will have adequate sources to go forward. >> what is that. >> 1456. >> what would skeser do that. >> it would take us down $10 billion. >> in terms of actual weapons systems or craft what are we looking at? a slow down on f 35. >> we would be looking at fewer f 35's. we would have to retire the refuelling aircraft. there would be less money for space, cyber. it would affect the entirety.

>> no ground forces, we don't want ground forces. we'll doarial attacks. you're the ones hitting for umthe sky and they're asking you to do it for less money. >> right now the united states air force is carrying the lion's share of the load in the fight against isil. we've done 70% of the strikes. we have done 95% of the refuelling missions. we have done the lion's share of the isr mission. it's a coalition team, a joint team. but the united states air force has been in the lead. >> and it's only going to continue you have to figure because time is money. and time is our safety. now, what would you say to people who go we have to tighten our belts everywhere. >> we're tightening our belts. we're becoming more efficient. we're determined to not let in the future the weapons systems run over budget over time. we are doing better in that regard and we will keep on it. >> when will you find out if you'll have the increased budget for 2016 and what does it do to the budgetary process when you

don't know. >> we hope to know by the first of october. most years it goes beyond that. most years we have a continuing resolution. my prediction is it will go beyond october 1st. perhaps into the november, december timeframe. we have to plan about two to three different ways because we simply don't know which way it will go. >> the only person trying harder to get rid of the sequester as it relates to defense is chairman of the armed services in the senate, john mccain. is he fighting for you? >> he is fighting for us. max thornberry also is in favor of increased dollars for defense. there's a disagreement on how to do it. the president has said we need to lift the sequester for the whole of government. there is some interest in lifting it for defense through a different mechanism called overseas contingency operations account. that will only help us for one year in spending. we have multiyear programs. >> you have to do so much with less. it's not fair. thanks so much for coming in.

meanwhile, ten minutes before the bottom of the hour. bad news for democrats and hillary clinton. in 2016, it looks like millennials are becoming more conservative. really? we have a panel and we'll ask them. don't give away your answer, just nod. ♪ i have type 2 diabetes. i started with pills. and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active. but i wasn't reaching my a1c goal anymore.

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just sign into my account to pay bills, manage service appointments and find answers to your questions. you can even check your connection status on your phone. now it's easier than ever to manage your account. get started at xfinity.com/myaccount well, maybe some bad news for hillary clinton. according to a new harvard study, more millennials are leaning conservative heading into the next presidential election. why? we've convened a millenninal panel. all right.

so jillion, let's start with you. while the survey said that still there's a majority of the kids that say i'm probably a democrat more than a republican, a shift is being made toward the conservative side. why is that? >> i think it's mainly a financial shift. i think people are becoming more fiskally conservative. you have to look at how millennials have fared under the obama administration. we make about $2,000 less each year than our parents did. you know, we're more likely to graduate from college -- >> it's the economy. >> i think so. i think we understand that this is not working. >> all right. jessica, you said you were a little sad by this because your side is losing headway. >> all hope is not lost. i think it's going to be -- as the poll said it's going to take a look to make them vote republican. we were discussing before, it was a shift to being more independent, and libertarian. she is totally right about the economic side. it's also about leadership. they want new policy and new

ideas. and the democrats and republicans are recycling old ideas that have failed. >> jared? >> i mean, these policies aren't working for millennulation. if we look this far in the recovery, the unemployment rate is still 10%. that's more than double the rate for americans over 25. if we look at teenager it gets worse. obama's policies have failed young people. they want something different. >> this guy up at harvard asked this question about whether or not they support the millennials, you people. boots on the ground to oppose isis and take out the islamic state, as you can see, jared a majority say yeah, boots on the ground. >> they have seen what isis is doing and it's horrifying and completely unjustified. they're a little understandably hesitant to get into foreign involvements and don't want long drawn out nation building. they want to do what's necessary

to keep the country safe. >> we care about equality and people having opportunities. we've grown up leery of war. >> the thing about isis for the most part is it's over there somewhere, it's not here. the majority are saying, boots on the ground let's take them out there. >> there are lone wolves roaming around the u.s. we're getting new data that says the threat is larger than we thought at home. i think you're right about the sense of justice. criminal justice reform is a huge issue for our generation. we wants thinkgs to be fair. things like baltimore don't keep happening. >> great conversation. jessica, jillion, and jared. thank you very much for joining us. coming up, on this thursday the video is terrifying a maniac on the streets in new york city has hammer attacked a female cop

in broad day light. then there was a shootout that followed. find out how an iraq war veteran saved the day and what happened to those people down on the ground right there. then, barbecue with a side of patriotism. meet the two men who have made it their mission to serve up deliciousness in honor of those who have served our country. ♪ we always find a way back home ♪ people with type 2 diabetes

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a fox news alert. a wild police shooting unfolding on the streets of new york city. >> take a look at this. a female officer was attacked by a guy swinging a hammer attacking her with the claw part. this is the same guy cops have been looking for for days. >> "fox and friends weekend" co-host anna kooiman is looking at the video and the end. >> good morning to you.

the man wanted for attacking at least four people in new york since monday has finally been taken down. the dramatic scene unfolding on a crowded new york city street. this video is hard to watch. the suspect can be seen standing on a street corner when two police officers approach him, he lashed out with a hammer, striking the female three times with the claw side of the tool. a quick thinking officer fires four times hitting the suspect twice. he is currently in critical but stable position. the officer is said to have suffered minor lacerations to her head and back. police commissioner bill bratton praising both officers, one an iraq war veteran, for their heroi heroism. >> they acted quickly. and my belief to this point the

male officer may have saved the life of his female partner. >> he had been wanted in four hammer attacks that have occurred since monday. surveillance video showing one of the assaults here. he has a long arrest record and history of mental illness. he posted this drawing of a bloody hammer to his instagram last year. it's the second time that new york's finest have been brutally attacked. police taking down a hatchet wielding lone wolf in october. as of this morning, charges have yet to be filed. >> a crazy couple of days here in new york city. thank you. >> just a normal day in new york city. so easy being a cop here. 27 minutes before the top of the hour. heather nauert is going to be with us on the couch shortly. let's start out overseas. i have an update on the story of the missing marine helicopter. it's in the second day in searching for the helicopter.

the pilot has been identified as chris norgren from kansas. his helicopter dropped off radar on tuesday after reporting a fuel problem. they were flying an earthquake relief mission in nepal. officials say it he landed safely and that is giving family and friends hope they are still alive. >> he's a great guy with a lot of passion. he was doing what he loved most, that being a pilot for the marin marines. if anybody can do it he can. >> it was carrying six marines and two soldiers from the nepal army. 35-year-old woman admitted to tampering with vintson's cay yk moments before it capsized on the hudson river. she stood to gain $250,000 in life insurance policies.

she told police she felt happiness and relief as she watched her fiance drown. she's been charged with second degree murder. she got her students stoosend get well letters to a convicted cop killer. now she's out of a job. the orange, new jersey, school district firing three grade teacher, she was suspended last month after she delivered letters to a cop killer in prison after she told her young students he was gravely ill. he is a former black panther and serving a life sentence for the 1981 murder of a new york city police officer. it is long accepted fact that a woman dressed in red can certainly turn some heads. >> were you listening to me? or were you looking at the woman in the red dress. >> the woman in the red dress. the same can be said of men wearing that color but for the wrong reasons.

there is a new study that men appear foolook aggressive and dominant when wearing the color red. they were shown images of men in different color clothes. those were called angry men. >> what about a green tie? >> soothing. >> i felt like i had a chip on my shoulder when i was driving a red prelude. >> it's not an angry car. >> trend setter. >> if you saw him driving it, let us know. take a look outside on our plaza. mission barbecue is cooking up a storm for us. this is much more to the restaurant than their mouth watering menu. heather nauert joins us and has a story that goes beyond food and into their mission. >> this is a fantastic company. i recently went down to annapolis, maryland to meet the folks behind the company. they first opened their doors on on

september 11th, 2011. that date is no coincidence. they chose it to pay tributte. the mission of this business is to serve those who serve us. take a look. at the barbecue restaurant the pressure is on to get ready for the busy lunch crowd. but unlike other restaurants when the clock strikes noon everything stops for this. ♪ oh, say can you see by the dawn's early light ♪ >> and that's what's different here. every day at mission barbecue, they pause to pay tribute to our great nation. in fact, that is their mission. it was founded by bill and steve, two men who didn't serve in the military or law enforcement, but who wanted to find a way to give back. what gave you the idea to start the business? >> i don't think there's anything more american than barbecue and nobody more important than somebody who is

willing to serve this great nation of ours. >> when you look around their restaurant, you see flags, medals and memorabilia marking our nation's history and the sacrifices of our heroes. they are all heroes. pat and doreen's daughter served in the navy as a pilot of a prowler. she died in 2013 along with two others on a flight training mission in washington state. >> i hope she can be an inspiration for, you know, the little girls that will come here and say maybe i can do this. >> today her naval academy lacrosse jersey and her flight photo hang a few miles from where she first learned to fly. what does it mean to you? i know you live not too far from here. to come in this restaurant and see your daughter, a picture of her, her lacrosse jersey, as an honor to her service? >> yeah. it's a way for her story to live on for people to see what she

lived, what she stood for. >> it's not just the customer. most of the people who work here have some connection to our first responders or military. >> it's a way to touch back to my brother and all his friends that are away. >> we all know somebody. there is somebody on your block, somebody in your daily life that you know that is serving right now. >> there's a lot of ways to serve. this is the way we choose to do our part. ♪ >> they do that every single day at noon. they stop everything they're doing and people sing. it is -- gives you chills to hear that and see that. they host charity nights and then they donate the proceeds from their american hero cups to wounded warriors programs and local first responders. we're going to talk with them later in the show and give you a special surprise. anyone who is walking by here in the next bit of time, they can

get some barbecue. it is delicious. let me tell you. >> you know, a lot of places you go to lunch at 12:00, 12:15 you want to be there at 11:55 so you don't miss the song. straight ahead, do you have the starbucks app oniori your p? i do. there's something starbucks doesn't want you to know about that. find out what it is. sorry mr. president, foreign leaders snubbing our country. ditching the summit at camp david to ride horses. >> you're not kidding about that. >> no. first today's trivia question born on this day in 1944. this director named his famous character luke after his own nick name. be the first to e-mail us at friends@foxnews.com with the answer. >> this is not too hard. ♪ seeing things that i may never

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the future of pizza delivery is here. domi dominos is accepting orders from twitter. just one little smily face with pepperoni you get one. >> fox news pressured me to come up with a creative password i forgot it. >> where did it go? >> in the either somewhere. president obama hosting a summit for gulf country leaders at camp david. it's happening today. but he might be a little lonely, at least for heads of state. that's because if you ever of the six leaders he invited have chosen not to show up. wait till you hear the reason why one of them is a no show. kevin corke is live at camp david with more on the summit snub. hey, kevin. >> hey, no matter how you slice it the white house is going to say, listen, i know four of the six leaders invited won't be

here. but there will be some people here and that means it should be strategically valuable, especially as it relates to issues like yemen and iran. now matter mow elaborate the rollout and no matter how much spin. if four leaders don't show up, including the king of bahrain who is not going to be here because he's attending a horse show with the queen of england. it has to be embarrassing. josh earnest maintains there's a lot at stake for all parties. >> the united states' support for their security is critical to their very existence. and they understand that the strong relationship that they have with the united states is one that's worth investing in and one that's worth maintaining. >> now, you should expect to hear a lot today about regional security. that will be a big buzz word. we'll be watching the conversations carefully. i don't know what to say about inviting people to a party and

not showing up. it's like having a grillout and all your neighbors decide to walk by your house. >> knowing they wernervited to go in the back yard. but they chose not to. and it's got to be a bad feeling. we'll see if they get anything done. >> terrible. >> exactly. >> all right, my friend. >> all right, kc. i guess i'll take the shot alone. her boss tracked her every move with an app. when she deleted it she got fired. is that legal? on this day in 1904 the first olympic games held in the united states opened in st. louis. in 1973 the united states launched sky lab. in 1983 beat it by michael jackson was the number one song as sky lab crashed to earth. ♪ ♪ to you, they're more than just a pet.

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it's time to answer our trivia question of the day. born on this day in 1944 this director named his famous character luke after his old nick name. the answer is george lucas who turns 71 years old today. our winner is jennifer from delaware. you'll be getting a copy of brian kilmeade's book. george washington's secret six. one of my favorites. imagine this, as a condition for your employment giving your boss the right to track your move. this woman claimed her boss followed her and when she deleted the app she was fired. thank you for being with me now. your client, did she understand this app to be tracking her off

hours? was she okay with being tracked during the work hours? >> yes, she understood this app. it was by oo company called zora. she was asked to place it on her company phone. within a month after starting work. she understood it to be working with a gps function in the background all day long. she was required to leave the gps night when she went home from work and was done with her day. >> the phone had this thing on, therefore the function of the app was also on. let me play devil's advocate. some would say you knew before you took the job. you signed up and this is what it is. you say what? >> i say she didn't know going in she was going to be tracked with a gps application. it was something they were rolling out to start with her. a few of her colleagues in

california and one outside of california to try the app out to see if it would work well and to roll it out nationwide for the company. >> she's likened it to feeling stalkled if the phone belongs to the company, it's their property. some would argue they have the app be running whenever they deem to have the app on. what's your response to that? >> it's an invasion to privacy. they have no legitimate reason to track her movements after hours. we assert she had every right to turn on the gps deuring non-wor hours. her boss told her she was was not allowed to turn on the gps function and scolded her when she turned off the gps function on in the evening. >> did she have any complaints or was her performance stellar?

>> it's not clear it was stellar or not. she had only worked there a few months. she had been recruited by this manager to come to this company from working with her before at another company where she was doing similar saleswork. he knew her to be an exceptional sales employee. that's why he hired her. to say she was not performing, is a problem. >> currently, other employees at this company, are they being tracked right now? >> i don't know. the lawsuit is at its nascent stage. we filed it on may 5th. we will learn more in the coming months when we start the discover process. >> thanks a lot, elizabeth. coming up, students at a catholic college have decided they don't want cardinal timothy dolen speaking at their

graduation. take a look at the video, a driver stopped for a cup of coffee leaving his hearse carrying a flag draped coffin right there in a parking lot. how disrespectful is that? ♪ hey america, still not sure whether to stay or go to your people? ♪ well this summer, stay with choice hotels twice and get a $50 gift card you can use for just about anything. go you always have a choice. book now at choicehotels.com

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why did a panel of 11 automotive experts, name the volkswagen golf motor trend's 2015 car of the year? we'll give you four good reasons. the volkswagen golf. starting at $19,295, there's an award-winning golf for everyone. today is thursday may 14th. i'm elizabeth hasselbeck. he was at the controls of that amtrak train going over 100 miles per hour when it shot off the tracks, killing at least seven passengers dead. now this engineer right here telling his side of the story as that death toll is expected to rise. we are live at the scene for you in seconds. meanwhile, this video is terrifying a maniac attacks a police officer, a woman with the claw end of a claw hammer in

broad day light. how her partner came to her rescue. country music star blake shelton has a message for america's kids. what he said that has the internet going crazy. mornings are better with friends. welcome aboard. thanks very much for joining us on the busy thursday. we had a lot to talk about. >> more to come. >> yep. in fact, this is the lead story and should be. on the fox news alert, a dozen people are still unaccounted éo for. an amtrak train flies off the tracks in philadelphia, 24 hours ago. >> we now know the train was traveling at twice the legal speed limit which was 50 when it crashed.

investigators. of course there is an increased focus on the engineer of the train, 32-year-old brandon bostian. the ntsb says the train was going 106 miles per hour when he slammed on the brake as he hit eed limit is 50. his lawyers spoke to gma this morning saying he remembered

going around the curve and doesn't remember anything else. we know it was deployed, the brake. the last thing he recalls is coming to, looking for his bag, getting his cell phone, turning it on and calling 911. the lawyer says bostian gave investigators his cell phone when they asked for t. he wasn't using it before the crash. drugs and alcohol were not involved. he didn't say why the train was going double the speed limit into the curve. that's what the ntsb is trying to determine as it examined that data recorder in washington. also, the engine and train cars are being looked at. all but two of them are being moved to a more secure and suitable location in wilmington, delaware, to be examined. two of the cars remain on the tracks where investigators are this morning. in the meantime, they have begun repairing sections of the dabbli damaged track so they can reopen the busy line between philadelphia and new york. >> before you go, you said so they can reopen that line

between new york and also washington, because right there at philly, kind of in the middle that's a really important part. at what point do we think that that amtrak line might be up and running again? >> well, that's a very good question. and as far as i can tell, i don't think they can open this section of track until they finish removing the damaged car, the badly damaged car and the one next to it. we don't know how long it will take. i would guess at least through the weekend the track will be closed. it will depend how quickly they can clean up that area. >> thanks for your great work. >> that's interesting about the engineer. he'd been an engineer for a number of years. apparently he liked the job according to his friends who have been interviewed. >> he's young, too, 32. >> he has no memory of what happened. he just -- he remembers yep, i'm approaching the curve, and then

dialing 911. >> the train was placed into braking. it didn't have a control system, that emergency breaking system called positive train control. it can alert an engineer if they need to slow down. that speed around the curve was 50. this train was going over 100 miles an hour frlt it could have override the engineer on a train. it's called positive train control. >> in 2008, elizabeth, congress demanded they put this new positive train control in place. it's done through radio waves. that was part of the rail safety act. they say they installed in 70 miles of track. they have been unable to complete that. here we are in 2015. >> it's a problem. so what it looks like, it looks like he was driving too fast. he doesn't remember according to what we heard from his lawyer today. he doesn't remember why he was going that fast. it seems like it was human

error, yet, yesterday in washington, d.c., a number of democrats used this -- at a time when they were still pulling bodies out of the train -- usual they wait rk. they have the decency to wait until the dead are removed. the democrats were accusing the republicans -- you know, they're so cheap with the money. had they spent more on infrastructure for amtrak, people would not be dead. that's essentially their argument. well, we've got two points of view. steve israel who says the republicans should have given more and mike simpson of the great state of idea who said you are bigger than this. you shouldn't be making that argument. listen to this. >> we failed to invest in their safety. it's not just our trains, mr. chairman, it is our bridges that are failing. this is our highways that are congested and riddled with pot holes. it is our runways, airports. we are devesting from america. >> you have no idea.

no idea what caused this accident. and to use that as a means of supporting the last amendment, support it if you want to, but don't use this tragedy in that way. it was beneath you. >> you know y understand people are emotional, but for the most part, congressman israel has been on our show a few times. i thought it was way out of bounds not to wait. that argument would be just as effective next week. basically just find out why that censors aren't in all 70,000 miles of track. you could do that behind closed doors. >> you don't need a sensor to drive the speed limit. it looks like it was human error. it doesn't cost anything extra to go the speed limit. >> you make an interesting point. rather than practical solutions down the road a bit, it now looks more like political opportunism and it's leaving a gross taste in everyone's mouth. >> the secretary of

transportation for this great land of ours, has an op-ed out now that says all across america the infrastructure is so crumbling, america for the most part is one great big pothole. >> he's right. let's just have a massive infrastructure -- i say a private and government fund infrastructure bank that comes together which is controlled by the private sector with all the banks that are flush with our cash. >> i think a lot of people thought that's what the stimulus was back in the day. where did that money go? >> it wasn't to keep state workers employed. >> a union thing. >> a credit to those rescue workers who are in there trying to get information. we're going to turn to heather nauert. good morning. we're getting information from overnight. the taliban claiming responsibility for an attack in

afghanistan. 13 were killed by the terror group. they stormed a guest house at the park pala hotel. there was a standoff that lasted several hours. police tried to rescue people who were trapped inside. three gunmen were taken out by afghan special forces. newly developing, a frantic boston college junior, who disappeared on monday morning after he left his apartment. he was set to take an exam at noon but he never showed up for class. the 20-year-old has had no contact with his family or friends since then. right now, police say they do please call police if you've seen this young man. looking ahead to 2016, let's talk politics now. brand-new fox new poll shows former governor jeb bush ahead of the pack. 45% would vote for jeb. he's the only contender to best hillary clinton at this point. despite the fact that bush hasn't officially announced his

candidacy, or has he? >> i'm running for president in 2016. and the focus is going to be about how we -- if i run, how do you create high sustained economic growth. >> that was the oops announcement. this is getting a whole lot of notice from folks all around the country. it is being called a total lack of respect. two hearse drivers have been fired after they made a pit stop at a dunkin' donuts while carrying the body of a war hero. that was spotted in new ritchpo rich richey. >> i was physically ill when i saw that. i was upset. i have been on funerals when we had to travel for four hours in the dead of summer in florida. we didn't stop for coffee or bathroom breaks. you just don't do that. >> the hearse was carrying the body of korean and vietnam war veteran lieutenant colonel jesse

coleman. colem coleman's family say they have forgiven the funeral home. what a disgrace that is. those are your headlines. a lot of people writing in about that one. >> i'm sure they are. disgrace, indeed. >> it's a weird picture to look at. no doubt. >> absolutely. how about this, blake shelton is never shy. he's got 12.1 million followers on twitter. >> great judge on the voice. >> he sure is. married to meranda lambert he has a message for his followers. he said this to all you young people out there, make up your own minds about the country and the rest of the world. listen, read, watch and decide. >> that's right. he also said keep in mind so many young people, they look to hollywood, to sports hero to be their role models. he writes remember that hollywood celebrities or mine are no better than yours.

in fact i'd rather hear yours. #truth. >> they responded. thousands of times they did. what do you think about that? >> uh-huh. he's got a good point. >> wh >> read watch and decide. >> you can't have it both ways. you can't haven5 fame and say don't look up to me. the only reason people like music. they say i want to be him. what's wrong with trying to be like him? we've done that since the beginning of time. >> he talks about news channels. he says you should watch all of them so you can make up your own mind. kind of like we report you decide. >> i'll tweet him that. >> i think blake shelton is a great guy. i think he is out of bounds. america through the time -- you always look up to people. you can't tell people not to look up to other people. >> he said you have 12.1 million followers aren't you telling

them what to do? i like the message. >> make up your own mind. >> you have to look to role models, your parents and others to say i want to be like that. >> you can admire that. i admire him, but i don't want to be a country singer. >> josh earnest to tell tom brady he's a role model. you believe me, blake shelton, we can't help it you're a role model. athletes are role models. >> who knew blake shelton was going to get brian on a tirade. on a rant. coming up, i guess i'm going to continue. >> you're on a roll. students at a catholic college have decided they don't want cardinal timothy dolan speaking at the graduation. they're idiots. the president of the college here next. the party is over. the brand-new rules that could change spring break in florida as we have known it for decades. ♪ i've smoked a lot

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now that's clean. some students at a catholic university in new york state have launched a petition urging the administrators to uninvite

the archbishop as a commencement speaker. they say he doesn't represent their values. al the officials are sticking by dolan. joining us is the president of the college and father david mccallum, the director of mission and identity. good morning to both of you. thank you very much for joining us. doctor, at what point did this petition drive get circulated and who is behind it? >> good morning and thank you for having us. the petition drive probably started about a month, month and a half ago. it was originally launched by our students. some members of the faculty. some members of the alumni community. and then some folks with whom we've just never met, folks outside of the context of the college community. >> here's the part i don't get. father mccallum, you're a catholic college, and yet a

number of catholic students there and catholic faculty there feel that cardinal dolan doesn't represent their values? huh? father mccallum? >> yeah. i can hear you but i couldn't hear you before. >> father mccallum, you have students there at the catholic university and faculty members they say the cardinal who is essentially the -- >> you're very low. we're not catching. >> doctor, can you hear me? >> just barely. but i can catch it. okay. >> to my question, these students and faculty members don't say -- they say that the cardinal does not represent their values. they are at a catholic college, right? >> that's absolutely true. and many of our students are catholic. certainly not all of them. their concerns emanated from

some decisions the cardinal made while he was the bishop in milwaukee. and they were related to the sexual abuse crisis in the catholic church. we met with our students in an open forum and suggested to them hay do their research. that the college would not disinvite the cardinal who is a very important voice in the american catholic scene. they understand that. they understand they need to listen respectfully. they need to do their research before weighing in on a topic such as this. >> father mccallum, it does seem to some looking at this, oftentimes the tolerant left, you know, the left is so tolerant is intolerant. especially in an instance like this, where you've got a cathol catholic college who says the head of the catholic church in america does not represent them?

>> so i would say that this is a small portion of our college population. and in fact, there's many students and faculty and alumni who are pleased with the cardinal being invited and will attend. i think this is a good case in point that any institution is going to have a broad spectrum of views. and we try to create a space, especially in jesuit education where multiple voices can be heard. people can come to their own conclusions. >> sure. absolutely. and this is a better situation than rutgers university that invited condy rice to be there and then there was an out cry and she decided not to go. the cardinal is going to be there and be your commencement speaker. i have heard him speak, you're in for a great show. >> he'll be great, thank you. >> absolutely. glad to hear that you're keeping him on the agenda. thank you very much for joining us. have a great commencement. >> thanks for having us. you bet. sorry about the audio problems. 20 minutes after the top of the

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some headlines now. the fifth suspect underarrest over night in the deadly shooting of two police officers in mississippi. a 29-year-old is charged with

obstruction of justice. that's what he looks like. he faces banks that faced capital murder charges and three others facing lesser charges. officer deen will be laid to rest today. officer tate's funeral is saturday. no word of the helicopter that was lost in nepal. the chopper was carried six marines, two nepallies soldiers were riding that. how do you know which attorney is the right one for you? fox news legal analyst bob massi is on the case. he joins me with the answers. good morning, how do you know if you need an attorney in the first place? >> well, it depends on what your needs are. to use a tragedy, for example, this horrible, you know, wreck that happened over in philadelphia, those families are

going to need lawyers that specialize in catastrophic type of accidents. i've litigated those type of cases for years. those families need to reach and find out lawyers in that area that specialize in it. how do you know? you have to ask around. your workplace, boss, neighbors, friends. there is a website called martindalehubble.com. that has lawyers all over the country. you want to look for an av rated lawyer. meaning their peers have rated them to be the best. this tragedy that you've been covering, those families will need those lawyers. >> when you do find that attorney, bob, how do you actually prepare for that meeting? what should you know and what the should you be prepared to ask? >> i'm a big believer, when i have clients that want to come see me, i have e-mail access, i say before you come in, my

assistant says put together the question and topics you want to talk to bob about. do that with a lawyer you ultimately contact. if they don't want that kind of thing, which is fine, prepare your questions. because for many people, so many times, it's the first time they've ever gone to see a lawyer and they're very nervous about it. and that's understandable. it's like going to the doctor for the first time. write those questions down. if they allow you to forward with them great, competent lawyers welcome that. it helps structure the meeting, goes quicker and you're more comfortable. >> it brings me to my next question, how do you know what the signals are if you chose correctly? >> you got to be comfortable. you have to get a lawyer that exudes confidence. if you can't get your arms around it, get a second opinion. you're allowed to get more than one's lawyer's opinion.

it's comfortable f it's important for the lawyer to be comfortable with the client. >> if you have questions for bob, log on to our foxandfriends.com website to join us. you were the perfect choice for us always. the train was going twice the speed limit and more than 100 miles per hour when it shot after the tracks killing at least seven passengers. is the deadly train derailment now a criminal case? peter johnson, sir will take a look at that for us. spring break in one city has gotten so out of control lawmakers designed to ban booze. we'll tell you where spring break is sobering up. ♪ looking for adventure and whatever comes our way ♪ scott: hello! nbr: scott - we're concerned. you just fed your lawn earlier this spring and now you're at it again. scott: (chuckles) indeed, a crucial late spring feeding helps defend the grass against the summer heat to come. nbr: we knew that - right guys?

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a fox news alert. you're looking at north philly. we have now learned that the amtrak train that derailed day before yesterday was traveling at more than 100 miles per hour before the fatal crash. that is double the legal speed limit for that part of the track which is 50. >> the focus turns the engineer of the train. he says he cannot remember. >> does this turn into the criminal investigation? here to break it down is peter johnson, jr. i was shock bied by the stance the engineer. >> the statement doesn't make any sense. this is a homicide investigation at this point. there has not been an arrest, but, obviously, there will be a substantial investigation. it has eerily similar signs to what happened two years ago in

spain where 79 people were killed when the train rounded the bend at twice the speed limit at about 111 miles per hour. here we have 106 miles per hour. there appears to be no alcohol or drug use involved. we will probably here some excuse in terms of negligence, that the operator of the train was sleepy, that he fell asleep or intaeataentive for some reas. the second issue i think is important that we talk about here at this yonkers train station this morning, is why do we have early 20th century technology on these trains in the 21st century. positive control on the tracks, lack of seat belts in the trains themselves. lack of properly structures within the trains. why is luggage being thrown about and not locked down in luggage hatches? why is one tenth of the american people subject to the

chattanooga choochoo technology that doesn't care about their safety in this crash. those are the real issues for congress going forward as we look at a potential homicide investigation. how do we make it for people getting on and off the train station here in yonkers. >> what about the decision of him to lawyer up right away? it seems disturbing to think that we're allowing hours to go by without getting answers for the investigation. >> i think they're trying to put together answers. there was some attempt to speak to brandon bostian, the engineer of this particular train. he is now retained a lawyer and is withdrawn at this point. there will be continuing investigations. he may or may not speak to authorities. we're going to see what happens probably within the next few days. this is an important issue for

all people who travel trains in america. >> it certainly is. i appreciate seeing you all here today. >> peter, given thougwhat you h presented here, we can do the math. because there were 200 people injured, seven people have been killed. people are going to start suing not only the engineer, because he was going too fast, but then amtrak as well because they didn't employ that 21st century technology. >> well, there's -- it's going to be all kinds of lawsuits. that will be the new flame. why are human beings being put in box cars and thrown around without any of the technology that can really protect them. we need studies on that and we need them quickly. we need to do a better job. >> thank you for that. the mayor there calling it reckless. thank you, reporting live from yonkers. it is 26 minutes before the top of the hour. heather starts in ireland. we've got a story coming out of ireland.

we have loved six men are under arrest for possibly plotting an attack to kill prince charles and his wife during a planned trip to ireland next week. police finding bombs in raids related to an investigation into a terror group known as the real ira. raids have increased due to that royal visit. we'll bring you more on the story as we get it out of ireland this morning. caught on camera, the moment a mad man with a hammer attacks a female officer on a busy manhattan street. officer lauren orork struck three times before her quick thinking partner shot the suspect twice. saving his partner's life. that suspect, david bearal was wanted for a series of attacks. we're told he suffered from a mental disorder and is it critical condition. the party is over in panama

city, florida. >> we're drinking getting turned up. get it baby. woo. >> are you parents okay with you being here? >> [ bleep ] my parents. >> classy there. our ainsley earhardt brought us the story. now this update. the city council voting unanimously to ban alcohol on beaches during the peak spring break season. the ban coming after a string of violence, including sexual assaults and several shootings there. so brian, we can't go there anymore. we can't go. >> we can't go, but coming up next we'll talk to that woman's parents. it will be interesting. >> i wonder what they have to say. >> every parents' nightmare is your kid on spring break. >> the bars will still beope want. they used to be open until 4:00. now they close at 2:00 a.m. you won't be able to have open

containers in parking rots. it's getting a handle on the drinking. and it was seven shootings and a gang rape. >> 24 minutes before the top of the hour. this week's tragedy on the tracks has been used by democrats to push for more money. >> this is a wake up call. it's a reminder of how much we depend on our mass transit. how much we depend on our roads and bridges. >> is more funds really going to solve the problem? congressman paul ryan joins us live. >> they're climbing the country charts with hit songs like this, this morning 1,000 horses performs it just for us and you at home. ♪ t bass pro shops. t bass pro shops. your adventure starts here. check out sun tracker, america's favorite pontoon boats, now with the best factory warranty in the pontoon business.

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we've got some quick headlines for you. president obama is hosting a summit for gulf country leaders

at camp david. but of the six leaders he invited, four aren't showing. that includes the king of burain who is reportedly going to a horse show at the invitation of the queen rather than camp david at the invitation of the president. it's life or death for boston bomber dzhokhar tsarnaev. in less than an hour the jury will meet for day two of penalty deliberations. he also faces life in a super max prison cell in colorado. that's the choice. life or death. a deadline is looming for tom brady. he has until 5:00 today to appeal his defligate gate suspension. he was suspended for four games. we heard there was going to be an appeal. right now the meter is running. brian? a tragedy amtrak derailment that has left seven dead and 200 injured and 12 missing is becoming a divisive issue on

capitol hill. democrats are using the accident to push for increased funding for amtrak. >> i will say as a general matter, since, you know, his first weeks in office, the president has been a leading advocate, obviously, with the strong support and input of the vice president in investing in our infrastructure. >> it's a reminder of how much we depend on our mass transit, how much we depend on our roads and bridges. >> so democrats immediately wanted more money. was funding the cause of the accident? joining us is a guy who has respect on both sides for what you can do with dollars and sense. chairman of the house ways and means committee, representative paul ryan. chairman of the committee. your response of what happened yesterday on the floor? >> good morning. what happened yesterday was we need to find out what went wrong with amtrak before jumping to conclusion and trying to double spending on government programs. early reports that this was human error.

before we rush to judgment and try doubling the size of government programs. let's cool down and figure out what happened and how to prevent these things from happening again. human error is what we find was involved. congress authorized and mandated the sort of speed control systems to be put in place, it wasn't put in place at this time. >> did you fund it? >> we passed an amtraik authorization bill earlier this year. the appropria it's working its way through right now. >> are you surprised this came out hours after the crash? >> you shouldn't make these things political hot potatoes, you shouldn't use tragedies. hopefully cooler heads can prevail. people won't seize on political opportunities out of tragedies like this. >> do you echo some of the concern about our infrastructure, if so how would you build it? >> we're in the middle of that

for highways. this isn't a rail thing as much, we're figuring out how we can get a long term highway financing bill done. that's what we're working on here. we will have to come up with a solution by the end of the summer. we do believe infrastructure is important for america. we believe we can save money and find other ways of financing our infrastructure. >> let's move on and talk about something. democrats fighting with democrats over a trade bill. and the president calling on leaders like you and mitch mcconnell and others to help him pass trade authority with asia. tell us about what brought the democrats apart and why they might be coming together? >> the democrats, obviously, dealt a huge defeat the other day. i think they came back. and some democrats who believe in trade, now had decided to end the filibuster and work with republicans to get this done.

here's the deal, if we don't write the rules for the global economy, particularly in asia, china will. that is not good for us. our goal with these trade agreements is to give americans more access to markets so we can make more things in america and sell them. they is about jobs and higher incomes, this is about america getting fair trade deals. there's a mistaken notion that trade promotion gives the president authority. it's quite the opposite. we are binding the president and the administration to congress's will. we're saying here's how transparency will work. the american people need to see these agreements for at least 60 days before the president can sign an agreement and send it to capitol hill. and you have to have an agreement that fits congress's objectives. that's the debate we're having right now. it's about jobs, about america leading. finally, we have a few democrats that decided to epius. >> it will be interesting to see what happens if the president is rescued by republicans. i want to bring up the last

topic. something you're passionate about, the war on poverty. you're finding out about it. listen to the president speaking about it yesterday. >> there's a fairness issue involved here. and by the way, if we were able to close that loophole, i can now invest in early childhood education that will make a difference. and if we can't ask from society's lottery winners to just make that modest investment, then, really, this conversation is for show. if we can't ask that. >> so success is a matter of hitting the lottery. your reaction to the president's philosophy? >> it's anithetical to the american ideal. which is work hard, play by the rules, be successful. we don't want to pit americans against each other. we don't want to divide people so government can be who

distributes success. that is not what made the country great in the first place. i wish he would work with usat finding ways to fight poverty by getting people from welfare to work so they can get jobs and gets on their feet. i'm hoping cooler heads can prevail. the liberal idealogy can be pushed aside. it hasn't been working. >> like your mentor, jack kemp, you're doing great work on the inner city and poverty. we would like to have you back to talk about that and some of the conclusions you've come to. thank you for joining us. 13 minutes. up next, country music's hottest act. their biggest fan, darius rucker. 1,000 horses, they perform smoke next. please sing alone at home.

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they are one of country's hottest acts. they are set to go on tour with country music superstar darius rucker. joining us to perform their hit smoke in just a minute is 1,000 horses. the band that is called one to watch. let me ask you this, when you play smoke, did you realize what a hit it would be? it's number one on the charts. >> it's crazy. we knew it was a special song. we cut it, you know, the story of that song is something a lot of people can relate to. it's been crazy that you can travel around and see people singing it back to us. >> what are the fans like when you go on tour? >> they're crazy. the shows are always a lot of fun. people out in the audience are always full of energy. we're -- it's great. >> are you tall or is it your boots? >> it's just the boots. they're really big heels.

>> you look fantastic. on our "fox and friends" plaza right now. 1,000 horses about to perform their hit, smoke. are you ready for this? >> yeah. let's do it. >> here we go. have fun, guys. ♪ she comes rolling right off the the tip of my tongue so easy ♪ ♪ she'll be the first damn thing i want when i start drinking ♪ ♪ i'm breathing her in breathing her out once i pick her up and i can't put her down ♪ ♪ she's smoke ♪ i put her in nice and slow ♪ she's a habit that i can't let go ♪ ♪ blowing rings around my heart ♪ ♪ the one she stole

♪ watching her sway and go ♪ it's killing me and i know ♪ can't stop her once you start ♪ ♪ she's ♪ smoke ♪ she'll go floeting around like a downtown ball room gypsy ♪ ♪ she goes great with ice cold beer on a shot of whiskey ♪ ♪ put one in my hand her on my lips ♪ ♪ man that's as good as it gets ♪ ♪ she's smoke smoke i pull her in nice and slow ♪ ♪ she's a habit that i can't let go ♪ ♪ blowing rings around my heart ♪ ♪ the one she stole ♪ watching her sway and go ♪ it's killing me and i know ♪ can't stop her once you

start ♪ ♪ she's smoke ♪ when the night burn out ♪ and we all go home ♪ smell of sweet perfume ♪ all over your clothes ♪ like smoke ♪ like smoke ♪ she's smoke ♪ i pull her in nice and slow ♪ she's a habit and i can't let go ♪ ♪ blowing rings around my heart ♪ ♪ the one she stole ♪ watching her sway and go ♪ it's killing me and i know

♪ can't stop her once you start ♪ ♪ she's smoke ♪ she's smoke [ applause ]

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they have been cooking up barbecue for us. these guys from mission barbecue have a special surprise for those who serve our nation. >> bill and steve are the co-founders of mission barbecue. we went down to annapolis with heather's report a little while ago. joining us down there far right is al from the wounded warrior project. good morning to all of you. heather did a great job. we love the fact that at noon

everybody stands up and sings god bless america. >> best two minutes of our day. mission barbecue is nothing other than story of a couple of best friends' love of barbecue and country. wanted to build a business that had meaning and significance. >> why was important for you to wounded warriors today? >> the wounded warrior project on our behalf we're proud to present this check to the wounded warrior protect in the amount of $400,000. >> this is amazing. it's support like this at mission barbecue and your staff and your customers which allows us to run our 23 programs for tens of thousands of wounded warriors. really appreciate it. >> we're humbled by our heroes and warriors and proud to do our part. >> the fact you've been able to raise $415,000 for wounded warriors, i think people that

are around a mission barbecue may actually stop by today to say thank you. >> yep. >> at noon they'll be singing with you. >> and sign up to donate to wounded warrior every month, it comes out of your account if you want to. >> that's it for today. join us tomorrow. everybody. bill: morning, everybody. we're getting word right now, there is a news conference in a matter of moments on injured in philadelphia. the count yesterday was more than 200. that is at temple hospital. we'll take you there in a moment. we're learning the first details about the engineer and startling rate of speed when the train hit that turn. good morning, everybody. day two of this story. i'm bill hemmer live in "america's newsroom." martha: good morning, bill. good morning, everybody. i'm martha maccallum. here is what we know. the man driving the train was 32-year-old brian bostian. i reportedly has a lawyer. he believes bostian he believes will not be much help. >> he remembers coming into the