>> good morning to you. you are watching "fox & friends first" on this wednesday. a live shot of time's square. let's get right to the news. a fox news alert. a fact finding investigation saying the deaths of the doctors and patients cannot be dismissed as collateral damage. >> it came hours after the department of defense admitted the strike was a mistake. kristin fish is live in washington with the breaking news. >> about an hour ago doctors without borders announced they are calling for a humanitarian fact finding convention. 20 people were killed in the air strikes including 12 people without borders staff.

it was a major hospital a high-tech trauma center well-known to all aund fully functional for years. in their words there was no way you could miss it. >> the bombing of the hospital can be kiss missed as collateral damage and a mistake. >> a mistake is how john campbell characterized it before the senate arms services committee. >> the decision to provide fire was a u.s. decision made within the u.s. chain of command. a hospital was mistakenly struck. we would never intentionally target a protected fed cal facility. they said they thought taliban was there. if they were there it was as

patients not as combatants. they are obligated to treat all wounded including the taliban. yesterday they sent out letters to the signatories of the geneva convention for the fact finding commission to be launched. now they are waiting for a response. time for look who is talking. they are looking at leaders like general campbell for political gain. >> he is revered amongst all of our military members. he has put together a revised plan. we see isis gaining a hold on eastern afghanistan. we see the taliban taking over cities. it is political from the president's perspective. he is setting random goals based

on a calendar not based on capabilities or operations on the ground. that's what we need toevaluate. the ntsb lacking for a ping from the ship's data recorder. hope of finding survivors is dwindling. 28 americans are among the 33 missing crew members, one body has been found. >> days of torrential rain finally over. those who call south carolina luna home still weathering the storm of a lifetime. 15 people are dead. hundreds of others are still stranded in shelters. >> now a new darrening dams at or near their limit. it could mean more flash flooding or devastation. >> we are watching this minute by minute.

this is a time of strength and taking care of each other. neighbors taking care of neighbors. >> if you live there you can avoid accidents and drowning and bacteria in the water. >> they are in south carolina because of the bacteria. so many people are not able to drink water. we are not looking at that being in the forecast. it should help with the cleanup efforts. we could be looking at more breeches and state leaders hopefully not. if not we will keep a close eye

on that. river flooding we have watches and warnings in effect through out the state. a lot of the levels will be downstream some as late as sunday morning. as we head west ward into mexico we have the upper-level low moving into the storms. we are bringing in severe weather across southwest and texas. large hail, damaging winds and isolated tornadoes will be possible. temperature wise we have a front swinging through the northern plains. listen to this. record release. 6,000 prisoners about to be set totally free as part of the sentencing guidelines for drug

crimes. kelly wright is here to look at the controversial plan. this is triggered by a federal prison for drug offenders last year. 6,000 will be released in the justice department. they are serving time for drug related offenses. they will go to home confinement then under the supervise ry lease of supervise ry services. >> before they are granted an early release they will examine the history, the type of crime, whether a gun was involved whether they were a defendant in a drug route. remove inmates and whether they

will be a danger to the public. >> federal prisons are currently 40 percent over crowded. 200,000 are serving for crimes. they want to reduce the sentences to ease over crowding. >> kelly write live for us this morning. thank you. three men seen near the trail now wanted for questioning. two of them spotted at a nearby convenience store. he was found shot to death on a trail 20 miles north of san francisco. his dog also shot tethered to his hand by a leash. police believe he took off in

his silver volkswagon jetta hatch bag. a gun men runs through campus wanti making a complete lock down. an hour later there was no gun. police saying he likely ditched it the suspect is in custody. >> some reds dents are furious, they are angry after he voiced his support at umpqua community college for gun control. the president will meet privately with families of the victims. one father said he is not interested. >> i have spoken for my family and myself and daughter and son. on principal i am in disagreement with his policies

on gun control therefore we will not be attending the visit. >> while they released a statement welcoming them they are asking him not to push his agenda. >> hillary clinton rejected the peace deal before the benghazi attacks. joint staff members set up a video call a muammar gadhafi's son in march 2011. clinton refused to take the call because she did not authorize it. meanwhile the state department is asking her to search for more e-mails saying there's a two-month gap in her time in office. they probe to a second data cap which backs up e-mails on cloud storage system. the company says they will

cooperate. despite his pledge to route out and deport illegal criminals living in the u.s. 231,000 illegal immigrants have been deported in the last 12 months. more than 37,000 of them were convicted criminals. the new york yankees are one and done in the playoffs. >> a swing and a ground ball to short. the astros have advanced to the division series against kansas city. the astros shutting out the yankees in the american league wild card game. >> dallas pitching six shut out innings on three-days rest. final score 3-0. the time two minutes after the top of the hour. terrifying threat what police

revealed about the armed man in the video scene stalking officers. what happened that had juhad on captain at the controls. >> come back. come back. >> recess makes some of the best memories. why are some schools sending tens of thousands of dollars to police the playground. can a business have a mind?

a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive? >> the lapd is scene stalking while holding a gun. they say it is not a threat.

stephanie snan ton explains. >> this is the video that sparked the investigation. it shows a man in a car parked behind a lapd cruiser. it was posed to instagram last week and got the attention of lapd who launched an investigation. he was in the park during filming. they know the identity of the primary suspect and have a warrant out for his arrest. >> we are in contact with them and trying to turn himself in. >> they are not identifying the suspect by name but it was posted under the instagram account. it links to the account of the wrapper group. >> he was trying to promote his career as a wrap artist and wanted to gain some type of

street credibility displaying this video. >> detectives say it was created for entertainment services and did not pose a credible threat to officers. >> this video is not sitting well with law enforce am officers. it sends a disturbing message to any one who wears a uniform. >> i was angered by this video and officers we know we are vulnerable when we are out there. this is sub human behavior. should be disturbing to every law enforcement officer. we already know that we live with that threat every day.

we don't need that kind of stuff encouraged. >> another terrifying scare in the air as the united airlines co pilot passes out. flight crews helped divert it safely to ab quirky. the captain was forced to take over complete control. this comes one day after the airlines by lot michael johnson died mid kway through the fligh. >> amtrak is warning lawmakers it will have to suspend service if congress doesn't suspend a deadline they have until the end of the year they need to slow down trains. railroads are not prepared to meet the deadline and the company will have to halt services if it is not pushed

back. you have seen them all over new york city and trains. how the double decker changed. >> hey, cheryl. good morning ladies. just when you think it can't get any worse. airplane maker made it worse. it would feature a raised mezzanine for extra seating. you would have people in front of you behind you and possibly above you. a new report finds that child care costs more than rent in the majority of u.s. cities. 500 of 618 neighborhoods where there were two children in homes they reefsearchers discovered a

surge. you will have plenty of pirp kins in time for functions. 90 percent of pumpkins are grown. finally twilight fans it's the 10th anniversary of the popular teen saga. it will switch the genders of the original characters. it came from complaints of fans that bella seemed to be too much of a dam zell in distress. >> we exciting news a welcome to the newest edition of the fox and friends first family. congratulations to lauren simonetti from the fox business network. she and her husband mark they welcomed in their new bundle of joy. >> ray vivian. look at her there. she is so cute. welcome to the fox and friends

first family. this happy, healthy baby was born october 5th, '11:41 a.m. 6 pounds, 16 ounces. >> mom and baby are doing great. look at that cute little outfit, heather. >> congratulations, lauren. we love you. >> explosive report coming up how close ice cyst terrorists have gotten to getting nuclear weapons. >> matt harvey missed his team's first practice. miles. sometimes those seats cost a ridiculous number of miles... or there's a fee to use them. i know. it's so frustrating. they'd be a lot happier with the capital one venture card. and you would, too! why? it's so easy with venture. you earn unlimited double miles on every purchase, every day. just book any flight you want

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after we are all inside for a while, it gets pretty stuffy. when dad opens up the window, what's the first thing he does? the tobin stance. but when we open up the windows, you can see the dust floating around. there's dog hair. pollen. more work. (doorbell) whoa! what's this? swiffer sweeper! swiffer dusters! removes up to 70% of dust and allergens. stays on there like glue. can't do that with the other broom. wow, i love it. the tobin stance! that is totally what it is!

>> o'neil says he is ready and wants all service members to be on alert. >> it should be a call for every service member and law enforcement first responders. they are altar gets. a lot of times when there's a bomb threat there's not a bomb. it is the ones you don't see. everyone needs to be more vigilant. i know how to defend myself. >> they will sell radio active materials to isis. according to associated press investigation. in february this year it was part of a joint effort with police in moldova.

one case happened where an under kwovr agent slammed shots before meeting with others. the faa proposing a $2 million penalty against sky pan international fal for flying drones over new york and chicago. the company violated airspace regulations and endangered safety for the flights between march 2012 and december of last year. the company has 30-days to respond. the playoffs not off to a good start with matt harvey. he says he got stuck in traffic. but the new york daily news and post say he was out partying with friends the night before. he is scheduled to start game three against the dodgers on monday. >> it is time now to brew on this. paying big bucks to police the

playgrounds. >> two u.s. military schools shelled out 30,000 dollars for recessed con sell tants. they teach politics of the playgrounds, what? encouraging more structure and positive behavior to include more students and activities. >> i would do it for free. i would be the recess coordinator. they claim there are fewer trips to the principal's office into the school nurses after recess because of all of this. but nearly 200 parents signed a petition after their children complained. >> some schools can't even afford recess but they can afford this. is there a need to regulate recess or should we let kids be kids? >> send us an e-mail. >> presidential candidate ben

carson is coming under fire for comments he made on "fox & friends." >> i would not just stand there and let them shoot me. i would say hey guys, everybody attack them. >> how the mainstream media is twisting hid words. >> you want to take a ride with quijano reeves? it is going to cost you 150,000 dollars. the top item from the neiman marcus christmas catalog. >> quite a christmas present.

oo a fox news lart. doctors without borders responds overnight after the u.s. changes its story again about the afghan hospital attack. >> today we say enough. even war has rules. >> the fallout for the middle

east. >> the investigation of what is driving toyotas into the hands of isis. >> luck be a lady. the factory worker becomes an overnight millionaire. >> i am going to take care of my kids. i don't want them to work like i had to work. >> it is half past the top of the hour. we begin with the fox news alert. doctors without borders now demanding an independent investigation into the attack on a hospital in afghanistan that

killed close to 2 dozen people. >> the announcement comes hours after they admitted they made a mistake. >> they are calling for the kind of international investigation that they claim in the past governments have been too polite to use. it has never before been activated. the press conference said it is not just about justice for fighting for the respect of the geneva convention. the bombing of a hospital and killing of staff and patients can be dismissed as collateral damage and a mistake. >> the mistake is how he characterized the air strike yesterday before the senate armed serviced committee.

he is calling for more troops to stay in afghanistan. the white house is calling what happened a quote profound tragedy. >> what occurred over the weekend is a profound tragedy. they are looking at how this happened. the president has called for the kind of investigations that will yield a full accounting of what transpi transpired. >> 22 people were killed in the air strikes including 12 doctors without borders staff. it is a claim they strongly don't agree with. they are obligated under international law to treat all wounded including the taliban. letters went out yesterday requesting that the unprecedented fact finding commission be launched.

this press conference wrapped up about an hour ago. the u.s. hasn't had all that much time to respond. thank you kristin for following it up. another story we have been following metal debris discov discovered in 28 americanss are among the missing crew members. one body has been found. >> the rain might be over but the problems are not. 1500 people dead hundreds without shelters. the dams around that state are at or near their limits threatening more breeches and flash floods. >> if this bridge were to go we would be in a lot of trouble on

both sides of the lake. we are watching it carefully. if the time comes we will move to higher ground. >> one passenger defying the orders to save a casket that was float ago i way as the grieving family was watching in horror. that heroic pastor is going to join us in the next hour on "fox & friends." we are tracking storms across the country. that video is unbelievable. >> some of the images are hard to believe. we have all of the water applying pressure on lakes we will continue to track that pressure they were putting on the dams in parts of the state. that water is continuing to flow downstream. we are expecting the rivers to

crest and that could produce additional flooding. we have flood watches and warnings because of how serious the continues are out there we are looking at isolated tornadoes and winds concerned. it is about to get colder across the plains. temperatures already on the chilly side in the 40's. heather and ainsley? >> maria molina live for us. thank you 6,000 prisoners did about to be set free for sentencing guidelines for drug crimes. we have a look at the story. >> more than 200,000 men and

women serving time something has to be done to ease the over crowding. they are doing away with unfair sentencing for drug crimes. more than 6,000 federal inmates will be released from the justice department. they will be monitored during their release. >> we are seeing the first batch of 6,000 inhates who went before a federal judge and are now available for release. a judge will follow the guidelines and they will examine the defendant's criminal history the type of crime whether a gun was involved whether the defendant was a leader in a doug group review inmate behavior in prison and whether they will be a danger to the public. most of those eligible have already served 10 years or more. >> the president doesn believe

there's more we can do to make our criminal justice system more fair and more effective at keeping our communities safe. >> the mass release of these prisoners will be the largest ever in the bureau of the prison's history. >> kelly wright live for us in the studio. ben carson is on fire for the comments he made about the oregon college shooting. he wants to arm teachers and he would have charged that gunman. >> not only would i probably not cooperate with him i would not just stand there and let him shoot me. i would say hey, guys, everybody attack him. he may shoot me but he can't get us all. >> many think that's an excellent point but the new york times hammering him like many republican presidential candidates he struggles to address withe issue with sensitivity. >> doctor ben carson and what he

said about guns. >> will you clarify your statements on the mormon shooting. >> the stew accidents -- >> i said nothing about that. i said what i would do. >> carson criticized president obama and democrats for politicizing that tragedy. >> to alabama where a democrat is under arrest for attacking a television reporter. look at this. the video shows city commissioner hit wtvy reporter ken curtis. they he now faces an assault charge which is a misdemeanor. that was in alabama.

the sheriff's deputy capturing the hearts of them. >> rick lynn lee is a former green beret. he offered to hold the baby after his mother was involved in the kra-. he loves kids and wanted to calm the crying girl. >> the insider trading scandal rocking football fans. >> what had people screaming in terror thousands of feet up. >> why a college student is now indebted to tom hanks. when laquinta.com sends craig wilson a ready for you alert the second his room is ready, ya know what he becomes? great proposal! let's talk more over golf.

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>> the united states wants toyota to explain how isis is getting its hands on the new pickup trucks and the suv's spotted in the terror group's pop began dau videos. the treasury department terror financing unit is leading the investigation. toyota says it is impossible to track vehicles that are bought and resold by the middle men. heather? >> drafts are being de-throned by espn. they are pulling segments by the daily fantasy sports web site. this comes after a draft kings worker used company data to win 350,000 dollars on rival site fan dual. they will look at how they present this fox sports has an ownership in draft kings. >> it is beginning to look a lot like christmas. neiman marcus releasing the luxurious 2015 christmas list.

>> you are excited about it. a little too early maybe. adam shapiro has some of the draw dropping highlights. good morning. >> good morning to you, ladies. this is my favorite time of year. this is an annual tradition. the christmas book from neiman marcus, the luxury department story leases the ultimate gift guide today. if you have a couple hundred thousand dollars to spare. some lucky person in your life is going to get a great christmas gift. a 400,000 dollar dream trip to india promises a 12 day vacation for two you go in a private plane trance takings in a vintage car lodgeing in the finest hotels dinners hosted by royalty and dance lessons on a private boll leawood movie set. how about this. a 790,000 dollar trip to the edge of space. you and 7 friends experience 360 degree view of earth soaring 100,000 feet above the planet in a luxury pressurized capsule lifted to the edge of space by a

high altitude balloon. don't bring a dart gun. for 150,000 dollars you get a motorcycle and two-day ride down the california coast with keanu reeves and founder of large motorcycle. the mustang convertible with the super charged engine racing suspension carbon fiber tread -- i am excited about this car i get tongue tied. it's a steal 95,000 bucks. 9,000 dollars your little ones can swing through the air like spider-man or dress up like cinderella in the ultimate ball gown. if you are on a tight budget like most of us $100 faux fur dog coat. let your dog walk in style. >> i will take the mustang. >> i want to meet someone who actually bought something out of that catalog. >> it is about 15 minutes before the top of the hour. south carolina bursting on to

the scenes. >> meet america's newest millionaire and what had everyone at the news conference laughing out loud. >> first steve dos see with what's coming up on "ox and friends. >> if you won that you would quit your job, too. >> not us. >> not you, too, just people in general. >> would you? >> of course i would be gone. i am kidding. i love the job. coming up on our program the man who killed osama bin laden. rob o'neil joins us live with his response to isis posting i his address on-line telling people to go killing. former british prime minister tony blair is here. we are talking about jihad and radical islam. plus pastor joel osteen will be on the couch answering your questions. so e-mail them. how much money do you think you really are going to need for retirement? a lot of people keep putting it off because they don't want to retire. we have the number. frankie avalon is cooking with

friends. we have a busy three hours kicking off right here on your channel for news. fox news. many people clean their dentures with toothpaste or plain water. and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope, we can see all the bacteria that still exists on the denture, and that bacteria multiplies very rapidly. that's why dentists recommend cleaning with polident everyday. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria.

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threatening more flash flooding in south carolina. >> whns reporter ashley minelli is live in columbia. good morning, ashley. >> reporter: good morning, heather and ainsley. flash flooding is the big concern here. but another concern, thousands without drinking water this morning. take a look behind me. this is the canal in columbia. you probably can't hear or see it from here. but crews are trying to fix a dam that breached earlier this week and caused major issues with the city's water system. again, as i mentioned, thousands

without water and they're still a threat all over the area, several of which the city is monitoring this morning. we have beaver dam, lake katherine and others. this is an urgent matter because if other dams breach, more flash flooding is possible and could see more evacuations for the area. ainsley? >> thank you, ashley. beaver dam, in my parents' neighborhood. tom hanks goes above and beyond to help return a new york student's i.d. >> run forrest, run! >> lauren whitmore lost the i.d. while out for a run on monday. the next day, tom hanks tweeted this. lauren, i found your student i.d. in the park. if you still need it, my office will get it to you. she already bought a new i.d. but lauren is hoping to meet the oscar winner. a michigan factory worker is

america's newest millionaire. winning $310 million in the powerball jackpot. she says she bought $20 worth of tickets after a long overnight shift at work. once she hit the right numbers, she didn't waste any time. >> i quit automatically. i'm going to take my kids, i don't want them to have to work like i had to work and deal with the things i had to deal with over life. i just want to make it a good life for them. >> that's who we like to see win the lottery. she opted for the lump sum payment, will get $140 million after taxes. if she married her long time married, he will sign a pre-nup. >> without a doubt he will. the time is about 8 minutes before the top of the hour. schools spending tens of thousands. is there a need or let kids be kids? your e-mails next. animals really do have nine

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three minutes before the top of the hour. before you leave the house, doctors without borders demanding an independent fact-finding mission into the u.s. attack on the hospital in strike which killed 22 people a mistake. the death toll climbing to 15 in south carolina in the catastrophic flooding.

crews scrambling to fix a broken dam. 6,000 federal prisoners will be set free at the end of the month as part of president obama's new sentencing guidelines for nonviolent drug offenders. let's keep talking about this record prisoner release. is it a good idea or will it cause more harm than good? you can log on to the "fox and friends first" facebook page at #keep talking. time now for a look at the good, the bad and the ugly. >> this cat in michigan using one of its nine lives after being shot by a crossbow. the cat is recovering to remove the arrow. police are searching for that awful person who shot the animal. the bad, a person at the newark airport hid cocaine inside cheese and coffee packed in his suitcase. the drug is valued at $170,000. the ugly, a glass on a walkway cracks under their feet

3500 feet in the air on the side of a mountain. the glass shattering when someone dropped a mug. the walkway is now closed for repairs. no one was hurt. >> wow. it's time for your responses. paying big -- >> just shelled out $30,000 for recess consultants. the company teaches "politics of the playground." encouraging more structure and positive behavior including more students in activities. >> we asked, is there a need to regulate recess, pay the $30,000 to hire these guys. >> reporter: let our kids be kids? >> eileen tweets, they should be allowed to be kids. no interference during their only break in a long day. will on facebook says i believe kids should be kids but regulation is needed to a point. >> susan writes, waste of money. kids fighting on the playground is --

>> and whatever happened to teachers taking their time on the playground. thank you so much for watching. we'll see you tomorrow at 5:00 a.m. >> "fox and friends" starts right now. good morning to you. it's wednesday, october 7th, 2015. i'm elisabeth hasselbeck. one day after a pilot died a the controls of a passenger plane, now a co-pilot passes out mid-flight. what in the world is happening in our skies? >> better be ready to fly the plane. ben carson hammered by mainstream media over comments he made right here sitting on this couch. >> i would not just stand there and let them shoot me. i would say hey, guys, everybody attack them. he may shoot me but he can't get us all. >> why are some offended by what he said? you will decide. recess became serious business. why schools are hiring consultants to teach