new and alarming details of what happened in the cockpit before the captain's mid air melt down. he said quote things don't matter and we need to take a leap of faith. we are not going to las vegas. what happened outside of the cockpit is considered even more disturbing. he said something about secht 11th and said push it to full throttle. he has been charged with interfering with flight crew instructions. that could be 20-years in prison. >> this man pays the price with

his own life. jessie joe hernandez executed by lethal injection for the child's murder. he was found guilty of beating the child while he was baby-sitting and his sister. he also beat the sister but she survived. the scandal reached all of the way to the white house. congressman and senator charles brass lee fired off a letter to the white house demanding int -- demanding they interview former national security staffer committee vin o'reilly. they have until next wednesday to respond. a major flow to newt gingrich. the las vegas casino tycoon says gingrich's campaign is cooked. >> it appears as though he is at the end of the line. mathematically he can't get

anywhere near the numbers and is unlikely to be a broke at the convention. >> that family donated 16 million to the super pack. >> take a look at what happens when this army soldier finally returns home. >> daddy is home. >> that is one excited dog. he goes 8 months while he awaits his return. the adorable video a huge hit on youtube. no surprise there. we all love to be animals on tv. >> more than 1 million hits on youtube. the dog got more attention than she did. >> i believe that. that is the case sometimes unfortunate unfortunately. oo now let's go to the other top stories. it is judgment time for obama care. the nation awaits a ruling and

that one won't come right away. >> joining us is peter doocy. >> we are not going to know the ruling until near the end of the session until sometime in june. the grand finale of the hearings were arguments about -- the justices were trying to figure out whether or not obama care can survive at all if the individual mandate which is the heart of the law and would force every american to buy health insurance starting in 2014 or pay a penalty if struck down. the conservative justices were skeptical and liberal justices say something with this law is better than nothing. >> can you give us a prior case that resembles this one in which are asked to strike down what the other side says is the heart of the act and yet leave -- as

you request, leave an effective rest? >> is half a loaf bert than no loaf? it seems to be an example where half a loaf is better than no loaf. >> solicitor general don barille's position was to defend the law ch it is infective and weak and perhaps endangering the law. there is no contingency plan in place if the mandate is struck down. he says the white house is only focused on implementing the law. thank you so much, peter. that's what folks around the country are talking about this morning. >> cardinal timothy dolan

speaking out on religious organizations providing contraception. he sat down with bill o'reilly. >> the church is in a position of promoting an unpopular concep concept, the ban of contraception. >> you are right on target. it is a tough battle because of that. our opponent is very screwed because they have chosen an issue they know we are not popular on. that's why we have to be vigorous in insisting this is not about contraception it's about religious freedom. i think tllgd be a drift in the administration that this is a good issue. if we can divide the catholic community because it's already divided and if one can caricature the bishop as being hopelessly out of touch these bullies trying to achieve judiciously and legislatively but unable to achieve because their moral integrity has been

compromised there's a force trying to caricature us. we can't back down from this fight because it's about religious freedom. it's close to the heart of what the democratic enterprise that we know and love as the united states of america is all about. >> cardinal dolan is fighting the principal not the person adding he would never tell people who to vote for at the polls. >> this is about catholics not evangelicals. >> that is true. >> florida senator marco rubio making a big announcement last night. he tells sean hannity he is enforcie -- endorsing mitt romney. >> it is increasingly clear mitt romney will be the nominee. >> up until this point you have not jumped into the primary race. are you endorsing mitt romney? >> i am going to endorse mitt romney not only because he's going to be the republican nominee but he is a stark

contrast in the record. i am not intending on being the vice presidential nominee. that's not what i am intending. i will work hard for him because he will offer a clear all terne tuf to a disastrous presidency. i know sometimes we get a little over heated in politics. all of those things aside i have no personal animosity toward the president who by all accounts is a very good father and a very good husband. he has been a disastrous president who is taking us in a direction that may take a generation to undo. we have an obligation to work on behalf of mitt romney to ensure not only is barack obama defeated but we put in place a century that will be an american century as well. >> president george h. w. bush will also official lynn dorrs mitt romney. in december he said quote romney is the best choice for us.

the video you are about to see will make your heart stop. they come to us from colorado where a family tries to make a daring escape from the raging wildfires consuming so much land there. joining us live with this dramatic video is elizabeth fran. tell us about that. >> hundreds of firefighters were battling the wildfire. we are getting up close look at some of the destruction causing these pictures the fire tearing through this home burning it to the ground flames shooting through what used to be the roof. there's video of a family evacuating which looks like it's right out of a movie. >> there it is right here, right here. >> oh my gosh. >> it's okay. we are out, we are out. >> daddy. >> you are going to be fine. >> where is mom? what are you stopping for? >> you can really feel the panic in that child what she is going through. seeing how dark the skies get

about 900 homes forced to evacuate because of the wildfire. crews are also continue to go fight the blaze from above as well as on the ground. air takers took to the sky for the second straight day dousing water on the flames to keep them from spreading. sam lucas and his wife were killed as they tried to escape their home. 76 years old. loved ones say they don't understand how they died when they were already packed and ready to go. another woman is still missing. we know the cause of the wildfire was a reignited controlled burn which was supposed to limit the risk of a wildfire. they suspended the use of prescribed burns. this is one of the warmest and driest march on record. >> your mother lives in that area? >> she live as few miles away. he's a horse trainer. a lot of people evacuated large animals in that area.

human life always comes first, but loading these things up in trailers getting them out of there takes a long time especially when the fires can so quickly change direction. >> we wonder if the weather is hurting or helping the firefighters in the area. for that we turn to janice. >> we are watching mother nature. for the next several days winds are going to be calm and they are dealing with mainly sunny skies. jefferson county southwest of the denver area. sunny skies for the most part. winds kick up starting sunday into monday. we have had several days for firefighters to get in there and get handle on this. they are light and will remain that way for several days. forecast today temperatures typically around this time of year around the denver area in the upper 50s. we are looking at temperatures a little bit above average. otherwise a good looking forecast for much of colorado. the rest of the country pretty

active. we have a storm system moving into the northwest bringing more rain and mountain snow to a storm weary west. we have a storm exiting the northeast several inches of snow towards maine. then we watch the central u.s. we think storm also pick up potential for severe weather later on today across the missouri river down toward the texas and oklahoma panhandle with damaging winds and isolated tornado. we will keep an eye on that and bring you the latest at the fox weather center. oo oh thanks so much. talk to you later this morning. it is time to brew on this this morning. it is what everyone is talking about becoming a millionaire. >> tomorrow's mega millions drawing has a record half a billion dollar jackpot. much more than a million. the previous hijack pot was in 2007 and was only $390 million. while the odds of winning are literally about the same as being struck by lightening we still want to know if you were to win the 500 million bucks,

what would you buy? definitely some of that would go to charity how about you? >> definitely. a third of it is go to taxes a third to charity then you can live on the other third. >> fill your tank with gas. >> e-mail us at fox friends first or twitter@fox friends first. coming up she drowned her 5 children in the bathtub. remember this? we are getting word andrea yates could soon leave the psychiatric hospital. >> oh, boy. we bailed them out now they are paying out. it is bonus time for bosses at bank of america. you won't believe how much they are getting how much the ceo took home. first what you missed last night on leno. >> you see president obama at the security summit in seoul, korea? they made him walk across the long stage. you see how he did it.

very clever. >> now watch withhat he does. ♪

>> good morning. it is now 16 minutes after the hour. here's what you missed while you were sleeping. president obama's $3.6 trillion budget unanimously rejected by the republican run house. lawmakers get ready to approve the republican budget to highlight the deficit cutting plan and revamp of medicare. now a desperate search underway for devon davis.

a 2-year-old boy reportedly disappeared at his texas home while his mom was taking a nap. they are concerned he may have wandered in a nearby water that happens to be infested with alligators. he is wearing a red and gray jersey t-shirt and jeans and spider-man sneakers. >> now to stories you can bank on this morning begining with a heck of a payday for the bank of america ceo. joining us is lauren simonetti. now the ceos are getting a big payche paycheck. >> we are getting how much the ceo's made last year. brian moynihan took home 7 and a half million dollars. the stock declined 58 percent. this story makes a lot of people really mad. >> nike taking reebok to court yesterday. why? >> all over new york jets tim tebow. nike says reebok no longer has

license to sell will merchandise and make merchandise with de bow as a jet. they have a temporary restraining order. >> nike taking over for supplies 32 nfl teams next year. pretty exciting. a lot of guys like that smooswo don't they? >> what about at&t and verizon. no longer are you looking at the land line and see charges. >> people still have lan lines. we to to make sure. if you check your lan line phone you may have noticed fraudulent charges here voice mail you haven't asked for. they add up to 10 billion over the last five years. a senator says let's have a bill to make that practice illegal. in the meantime at & t and verizon say they have stopped cramming. he wants a bill passed.

check your phone bill make sure you are not getting charged these fraudulent charges. thanks lauren. it is now 19 minutes after the hour. in just a few hours from now the weekly unemployment figures come out and that's why we want to help. three companies hiring right now. all he did was ask the cashier if he was eligible for a military discount. what the soldier got instead. an insult like you have never heard before. a quick look at this morning's prices at the pump. we are inching closer to the average. the average 3.92 a gallon.

>> 23 after the hour. quick headlines for you. we have obtained amazing dashcam video of the stolen school bus chase. you can see the police sufficient slamming into the bus to get it off the road. the driver stole it from a bus yard in albuquerque key. luckily no children were on the bus. the bus driver surrendered to police. andrea yates is requesting to be released from lock down each sunday so she can go to church. a texas judge now considering that request. heather? more alarming dee tails revealed about the jetblue pilot who had a mid air melt down. robert has more this morning. >> good morning to you and good

morning everyone. we have learned the captain of the flight has been suspended as the investigation continues. he also faces charges of interfering with a flight crew. we have seen this video but it is equally scary the more you look at it. this is video from on board flight 191. according to a criminal complaint that was made public yesterday the day did not go well. he showed up late he missed a preflight briefing with his crew. the complaint says that shortly after takeoff he started to talk incoherently about religion according to his co pilot. he got concerned whenever the captain said quote things just don't matter. osman also started to adjust air to aircraft controls inside the cockpit. then he suddenly left and at that point he left the cockpit. at that point passengers had to restrain him to prevent him from

going back in. the plane had to had to make an emergency landing. a neighbor of osman described his behavior as very out of character. > they are painting a picture of clayton of being almost like a terrorist. he is not. >> and if clayton osmond is convicted he could face up to 20-years in prison. jetblue's ceo says he has known osmond and described him as a consummate professional. that is the lathes from kennedy airport. >> we are going to speak with a pilot who is also an attorney. he has interesting opinions about it. it is now 25 minutes after the hour. coming up the white house says

they don't watch cable news but he had h ed henry confronted them with evidence. >> oh, no, the vice president making an embarrassing slip up once again. first on this day in history back in 1886 doctor pender ton burns the first batch of coca-cola in his backyard. >> five people have the recipe i understand.

- ♪ 'cause people got me questioning ♪ ♪ where is the love - ma'am. you forgot your purse. - thank you. oh. thank you very much. - a message from the foundation for a better life. >> 2012 election news. it is too early to count ron paul out as republican nominee. that's like newt gingrich saying it's too late to count him out as an abercrombie model. >> that's mean.

>> good morning everyone. i am ainsley earhardt. fox and friends first starts right now. >> top five stories making news at this hour. president george h. w. bush making his endorsement official in houston today. >> i am an endorsing romney the reason is not only a nominee but he offers a stark contrast to the record. we have a candidate as an alternative reporting an important state in the country has been successful in the private sector and offers a clear alternative the direction this president is going to take our country. >> rubio also reiterating that he has no interest in being the vice president. isn't that what we are supposed to say?

not sure i buy that just yet. >> turn to go a serious story it is the ultimate sacrifice. an american soldier loses his life overseas while he saves the life of a young afghan girl. specialist dennis ycal of rhode island was with his unit and saw an armored truck moving in the way of the girl the truck ended up hitting him and killing him. he was laid to rest monday. he is just 29 years old. a testament to what our men and women are doing over there. >> exclusive allegations in the trayvon martin case. his son was keeping an eye on martin when a teenager spotted him and attacked. >> at that point he was punched in the nose, his nose was broken and he was knocked to the concrete. trayvon martin said something to the effect of you are going to die now or you are going to die tonight something to that

effect. he continued to beat geerngd at some point george pulled his pistol did what he did. >> martin's family point to go newly released police video after the deadly shooting. it shows he was not beaten. zimmerman has yet to be charged. >> they are apologizing to a military mom after he says an employee of a jack in the box insulted her son hours before he was sent to return to afghanistan. here's what happened. while he was placing an order private first class christopher clover asked about a military discount. the millworker said why would we? we what this they done for us? the ceo has posted an apology.

clover says if they want to apologize they can do this. >> if they real lip want me to blog about how awesome jack in the box is load a plane up with tacos and feed some troops. >> amen. >> clover is also asking jack and the box to offer sensitivity training to sit down with an area restaurant manager today. seems like they can do more than that. a lot of people might get the boot for it. >> heather another gaff from vice president joe biden. maybe he was thirsty when he said this. >> thank you dr. pepper and thank you -- dr. paper and thank you chancellor for this partnership. >> you got to laugh at that one. biden missed doctor paper. she is the president, but he said dr. pepper.

>> fox news correspondent making news at the white house calling out press secretary during a news conference. it started when the press secretary defended verrel lishg. >> the white house is very adepress i have-- aggressively defending their primary lawyer he's facing criticism. we are talking about solicitor general donald verilli. he is a respected attorney general but he was getting a barrage by justices this week. >> healthcare in this country is -- excuse me. >> now that is obviously just one clip from three very long days but it prompted this

exchange in yesterday's white house briefing from spokesman and ed henry. >> the audio of him coughing and stammering and seem to go struggle answering questions? >> i know you are a bit of a college basketball fan. i know that there have been a lot of people who have had a lot of commentary about the solicitor general's performance. i am looking forward to the semifinal games this weekend i assume we are, too. when we tune in you will hear clark kellogg delivering color commentary of the game. i am sure it will be analytical insightful and probably entertaining but it's not going to change the outcome. >> it's not just the commentary it's the actual audio they are hearing. even you can hear it. people in the white house listen to him stammering and stuttering. to jessica's question you don't respond to every question we have. if you pride yourself on saying we don't listen to the chatter

out there. there is cable chatter out there saying he bombed. you felt xiled compelled to say did a great job. do you feel pressure to depefen him? >> earnest went on to say verrilli had a solid performance. the white house is acknowledging if the court strikes down the entire law or even just the individual mandate portion of it there is no plan b. back to you guys. doug luzader, thanks. >> unemployment numbers coming out in 3 hours. fox and friends first wants to help lower the number and help you get hired. fox business network is here with three companies hiring right now. lots of people waking up eating their cereal this morning. >> the maker of your cereal could be your new employer. you know again mills you know cheerios and cocoa puffs and yoplait yogurt.

they have amazing benefits. they are based in minneapolis. you should hear what they will offer you. 100 jobs. 9 out of 10 employees say they like their job. they have daycare, medical facilities, a fitness center, hair and nail salon. who doesn't want that at your place of business. also they will cover the cost of adoptions. 10,000 dollars per child. anyway, they are looking for different hr, it, visual marketing sales types of individuals. a top company. a big company. >> you have to be in minneapolis? >> they have manufacturing facilities but yes, main jobs have been in minneapolis. >> ydo they feed you? >> maybe especially breakfast. >> this is summer jobs for teenagers. we are coming up on the summer unemployment in our nation's youth is very high right now. higher than the national average.

just like it is for military veterans. they have a big career fair. they got a huge response. you can still go in to a jamba juice apply for a job. 2500 positions pay about 8 bucks an hour if you are working full-time. part-time you can't get again pi benefits for this one. 40 new stores opening up this year they are looking for sales. working the counter. they also need managers. those management jobs if you move into one of those jobs has benefits. you cannot turn your nose up at any job right now considering the fact that we have high unemployment in this country. a lot of these jobs can move you or get you by for a while. >> get a group of your friends to go and apply. >> what about 24-hour fitness? >> there has been a lot of hiring in the fitness industry lately. 24-hour fitness is looking for -- they have a thousand personal trainer jobs. they will train you. you don't have to walk in here with a personal training license or degree. it may help you obviously but they have got several positions,

2000 to 2500 team sails. some of it is trainers. 1,000 jobs of trainers in the headquarters. they offer benefits. they have 420 clubs in 17 states. the salary varies depending on what do you. but again fitness. they are going to be expanding and looking for clubs. you want to look for companies that are beginning to grow. you have to point out the benefits. >> i love the segment. it is helping our viewers. thank you so much for information on companies that are hiring. if you are a company that is hiring e-mail cheryl. you can catch cheryl at noon on the fox business network. >> that will be today on team jobs by the way. i will be watching. >> before you leave for work this morning a quick look at the weather headlines for today. janice joins us from the fox news weather center.

>> we have a lot going on across the weather map. more rain and snow for the storm we're we rest. you have seen storm after storm after stoernl. unfortunately we have more on the way. rain and snow wraps up for new england strong to severe weather for the river valley. there is the storm system moving in to the northwest. snow exiting the northeast. but the central u.s. that's where i am concerned today. we have stronger storms moving through parts of texas in towards corpus christi. then the central u.s. the central plains i am also concerned with this area because you can see not only large hail damaging winds but isolated tornado threat. it is a wide swath from the texas and oklahoma panhandles all of the way up towards iowa and nebraska. so we will keep you posted on all of the watchings and warnings. very warm across the central u.s. that is one of the main ingredients we need for severe weather. we will keep you up to date. ainsley and heather back to you. >> we will check in with them later this morning.

will ferrell, or ron vergadi making a big announcement on conan last night. take a look here. >> as of 0900 mountain time paramount pictures and myself ronald joseph aaron burgundy have come to terms with a sequel on anchor man. >> that is right after 7 long years a follow up to anchor man is now in the works. no word if the rest of the original kags will be back or not. people in our business love that movie. >> unique new york. unique new york. sorry. rejected by major hollywood studios because of the pro-life message. now the anti-abortion drama is proving them all wrong making big bucks at the box office. this movie scoring the second best prescraping ticket sales in the country this weekend only behind the hunger games. >> it is now 41 minutes after

the hour. straight ahead can jetblue be held responsible for putting a pilot who went way out of bounds behind the controls of the airplane? >> last chance to weigh in on this morning's brew on the pocket? it is a million dollar jackpot. go to friendsfirst@foxnews.com.

>> good morning. 45 minutes after the hour. here's a yes a lot of peop ques lot of people are answering. can jetblue be responsible for putting the pilot in controls of the airplane? should they have seen this coming? good morning, arthur. we are hearing reports that he screamed at air traffic controllers that he missed his preflight report or the

preflight screen that go you do and also he was late for the flight. that sets off alarm bells. >> you would think all of those things are signs. let me break this down a little bit. fist off can jetblue be held responsible for this incident. >> it is an airline employee's responsibility to report those things, is it not? >> a pilot reports you are supposed to get there an hour or two before. he meets with the station manager they get weather and things on the root. if you miss a preflight that's a good sign that something is not right. it would seem to they me the would ferret is out. clayton you don't look right today. >> is there a reporting system in place? >> we will find out during the investigation but yes faa dictates when something like this happens he should be written up it becomes part of

the personnel file. >> it sounds a little bureaucratic and may take some time. is there an immediate way to do that? >> a flight op would be alerted and say you are going to sit this one out. >> talk to me about the charges against him interfering with the flight crew. we usually think about somebody not putting on their seat belt on north turning on the cell phone. shouldn't there be something more strict for an airline employee. >> or somebody trying to break into a cockpit. you would think that a captain with the experience this person had 18,000 hours he was a flight standards pay lot which means he sets protocols for other pilots flying 150 passengers 100,000 pound plane will not go berserk during a flight. how can the airlines detect this kind of behavior before all of this happened. >> there are medical

examinations but no psychological examinations. it requires them to self disclose. that's not going to happen is it? >> every year if you are under 40 once a year over 40 twice a year. a medical examiner. as part of the examination there are psych questions that are asked. but they are very pro funk tory how are you sleeping? are you depressed. who is going to disclose that. >> because if you do ex employe -- disclose that you can be taken out of the air for a year. >> this is a dirty secret in the aviation world. when they go for the faa medical examination they say one thung but they have a private doctor that they go to who is not disclosed on the of courfaa exan who dreets the -- treats them. the faa has approved the use of

lexipro and prozac they effect perception cognitive skills mental ability. >> we will be talking about this more. we are running out of time. interesting perspective because you are a lawyer and also a pilot. here's the question. what would you do with $500 million? it is your last chance to weigh in on brew on this. we will read e-mails and tweets coming up. brewing a cup of coffee in your car? how does that exactly work? no clue but you have to hear this. >> brian kilmeade, let's see what's coming up on fox & friends. >> let me tell you what's coming up on the show. member of the mailman john rats enburger will weigh in on what he feels about more junk mail coming in our mail. we have a special performance from two grammy award winning

singers. it will be a great show all at the top of the hour. ♪ i can do anything ♪ i can do anything today ♪ i can do anything ♪ i can do anything today ♪ i can go anywhere ♪ i can go anywhere tod ♪ i can go anywhere ♪ i can go anhere today ♪ i can be anyone ♪ i can be anyone today ♪ i can be anyone ♪ i can be anyone today [ male announcer ] dow solutions help millions of people by helping to make gluten free bread that doesn't taste gluten free. and that makes this bread the first bread we can all enjoy. together, the elements of ience and the human element can solve anything.

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>> you feel lucky today? i hope so. half a million dollars is in the mega millions drawing. >> it will be the largest pay out in u.s. history. breaking it down for us is diane macedo. it rolled over 18 times since january 24th to get us to this point. if you are the lucky winner you will have two payout options getting 19.2 million a year for 26 years or a single payment worth $359 million. the next drawing isn't until tomorrow night at 11:00 p.m. eastern. some people are already planning

what they are going to do if they win. >> pay for bills help my family out and help the poor unfortunate ones. >> payoff some debts and donate some and save some for my son's college and have some fun. >> i would be paying off all of my student loans all of my wife's student loans and my unborn kids will be set for life. >> if you win the ap has put together tips on protecting your riches. number one sign the back of the ticket this will stop any one else from claiming your prize if you happen to drop it in the midst of the excitement. you may want to make a photo copy and place the original in a safe. who to tell first? contact a lawyer or a financial planner. you move into a much higher tax bracket. federal tax on the winnings will be 25 percent. save about a third of your winnings for taxes. there is state tax. they will eat that one up, too. >> don't tell any of your

friends if you do win because you will have friends and family coming out of the woodwork. >> people come out of nowhere. >> they say to space out the payments because nine out of 10 spend it all in the first five years. >> a lot of people think the lump sum is the best move. they think it depends on how you use the money. >> a lot of people aren't good at it. it does make sense to spread it out. >> diane luzado from the fox ne business network. if you won a million bucks what would you do with it? >> my husband and i would give to charities take care of our family and take a long vacation. >> first i would have my back fixed then support food banks and military families. >> larry is a nice guy. >> you can find us at friends

first or twitter@fox friends first. >> it is the word of the day all scrambled up. can you figure out what it is. stick around for the answer. we will have more from fox and friends coming up.

>> the rocket bought the first man to the moon has been found. five of apollo's seven engines were spotted 14,000 feet below the atlantic ocean by an

expedition team and they are efforting to bring one of them up from the ocean floor. >> that is neat. well, next, the bad. think drivers are distracted now? listen to what's going on in france. some drivers will be able to make a cup of espresso in the car. a company just releasing an espresso machine that plugs into a lighter socket in the car and makes a cup within two minutes. >> that could be dangerous. >> if you think it's dangerous to have a woman putting on mascara or a man shaving, try hot coffee in your lap. >> no thanks. >> time to get scrambled up. steve doocy is here to help us. hey, steve. >> good morning. >> are we starting now? >> come on, steve! >> conan. >> i have no idea. >> anchorman! ron burgundy. >> thank you very much. stay classy, lady! >> steve doocy, thanks so much. "fox & friends" starts right now. >> have a great day! thursday. >> have a great day. >> you, too. fun!