>> good morning, everyone, we are so cool here. it is april 5th thank you for watching "fox & friends first" and now time for the "5 at 5," a story of survival emerging after the texas twister. a family saying they left their home ten minutes before it was demolished by a truck airborne by the wind. >> you would have to see to believe it. this is not even the whole scene. we have part of the 18-wheeler here but it broke off on the end and that is in the living area. >> the national weather service confirming 13 twisters touched down in a few hours and incredibly no one was killed. >> we told you about an 80-year-old wisconsin woman lands her husband's plane after

he has a heart attack and dies. we are listening to what happened inside the cockpit as she took instructions. >> i think i will run out of fuel. better get me in a hurry. >> a bit of a flight lesson. >> my gas gauge shows nothing. >> the couple were on the way home to wisconsin from their second home in florida. >> and the target of the oikos university shooting is speaking out. police confirm that goh thought the nursing director, he fought her because she deny add request for full tuition program after dropping out saying "i thing he was looking for me." she was teaching nursing students at another school. >> he was charged with murder after opening fire on the small christian college killing seven. >> and now, mitt romney is trying to take out two birds

with one stone taking a flight that president obama while campaigning on rick santorum's home turf. >> we got to get him out of office. he just doesn't understand what is happening in the country in part because of what he has been doing wrong. he is so out of touch with the american people that he doesn't see how many people are struggling. >> i think the gloves are off. >> romney continuing the pennsylvania campaign today with a meet and growth -- greet in pairs -- harrisburg. >> how much do you love vanilla ice cream? there is a vanilla shortage driving up the cost. ten cents this summer, two of the major vanilla suppliers, mexico and india, had a poor harvest and those are the "five at five," headlines.

>> coffee. coffee. coffee, all about the coffee. >> the obama administration has to tell a federal judge whether the president believes the u.s. supreme court can review his health care plan and it has to do it in single space by this afternoon. and now, to washington, dc, with more. >>peter: that story is t minus eight hours until the attorney general's response to the 5th circuit court of appeals is due and yesterday in chicago attorney general holder is formulating a response and he tried to clarify what his boss, president obama, said earlier in the week and made clear that the administration knows the courts do have the power to overturn federal laws. >> what the president said a couple of days ago was appropriate. he indicated that he obviously respects the decisions that the courts make under our system of government since marbury versus

madison. all critics accuse the president of trying to intimidate the supreme court by declaring everturning the health care law is unprecedented and some on the right do not think the clarification yesterday by holder did enough to set the president's comments straight. >> be clear. what is described as the president's remarks bear little relationship to what the president said. he never said marbury versus madison, it was a threat. >> holder also said he is confident that health care reform will stand constitutional muster and, yesterday, white house press secretary carney defended the president, as well, saying the president's comments represent an unremarkable observation about 80 years of supreme court left and it was the reverse of intimidation.

back to you. >> thank you, peter. >> so, and now who is talking about that this morning. former presidential candidate herman cain said voters should not be surprised the president is questioning the sovereignty of the supreme court on hannity last night. >> outrageous. the same thing. they act as if we don't have three branches of government. remember before they took office jarrett made the statement and my good friend and your good friend pointed out that he said she made the statement, we will be ready to rule from day one. they are not ruling. not rulers. they are supposed to govern but they see themselves, he sees themselves as a ruler of this nation. this is not a nation that is ruled. this is nation that we govern

according to the constitution. >> the press secretary also having a tough time answering questions of the president's comments and we will bring you that conversation. >> people talking about another controversy, did someone electric israel information that benefits iran? some say the leak is an effort to keep israel from bombing iran over the nuclear program. >> former israeli ambassador to the u.n. was on "special report," and reminded us of a familiar saying, loss lips sink ships. >> a problem is too much talk. president obama when he spoke at the beginning of march said something that was very correct. he said that there is too much loose talk about war but the problem is, in weeks you read in the "new york times" all kinds of officials who are talking to reporters giving scenarios of what might happen if there is a

conflict in the middle east. right now, everyone has to not speak so were. i turn on israeli radio about a month ago and i said you have to learn an expression from the u.s. navy, loose helps sink ships. i taught the israeli audience the same. too much leaking. too much information we do not know where it is coming from. but it erodes confidence. we cannot have the back-and-forth situation in the american press. >> time for the first-degree weather update. janice? >> good morning, i understand you have threats for tornadoes this morning. >> the same system that brought 18 reports of tornadoes across northeast texas on tuesday. we have two tornado watches already across the gulf coast, louisiana into mississippi.

this watch here until 9:00 p.m. local time, and this one until 11:00 a.m., -- sorry, 9:00 a.m., and 11 a.m., including new orleans and thunderstorm warnings in effect. tornado watches, so conditions are favorable for tornadoes and warnings meaning we have radar indicated rotation or trained weather spotters have seen rotation or, rather, a tornado on the ground so we will keep you posted if we move through the day much of florida and large hail damaging wind and tornado so it will be active, and now the morning travel, so far, so good good atlanta has te potential for thunderstorms so you could see delays on the way to the airport so call ahead and the check the air carriers.

ladies we will keep you posted by warnings and watches. >> my mom is in new orleans i will give you her cell weather. >> we will make sure we keep you posted. >> thank you. >> parents in boston are brewing on this after outrage from parents, a change version of "god bless usa," has been pulled from a concert. all kids were told to sing "we love the usa," rather than "god bless," during the chorus. >> and crystal has more. >> sing it with me. ♪ god bless the usa >> some parents of 4th graders find out the words "god bless the u.s.a.," from a song would be replaced with "we love the usa," during school assembly.

>> god is a big part of society and we are taking it out. people are on drugs, more kids have trouble and it reflects on that. >> i think that church and state should be separated however with god being in that song it has to do with foundation of our government so i don't think it should be removed from the song whatever. >> we got a copy of a letter circulated to parent talking about the proposed plane saying it violates their child's first amendment rights and some say they are planning to have their kids see "the original way observation anyway. >> it is a public school. if you want to have the word "god," at a private school ... >> and they say they want to maintain the focus of sharing student knowledge of the u.s. states and we will not include

any songs. >> it has been there for years and years and years, and i don't have a problem with the song. if someone else does that is their business, but it is on our currency. >> the assembly is next week focusing on what the 4th grade class has been learning in social studies. the principal tells us the format has changed to an invitation into the kids' classroom to view their work. >> and this statement was issued in response "the most important word not whole piece of music is god, which is in the title, "god bless the usa," and we cannot take god off of the american currency. get over it. >> and now the question of the day: do you think the school is right or wrong to change the

word. >> what do you think? what is your response? let us know at e-mail. >> time now is 12 minutes after the hour. the white house offers an olive branch to the muslim brotherhood. why did they get a sit down with the president after being banned by other countries? ♪ ♪ why do you whisper, green grass? ♪ [ all ] shh! ♪ why tell the trees what ain't so? ♪

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a $5 million mansion destroyed by a fast moving fire in person. it started inside the garage, the 22,000-plus square foot home was built in 1905 but no one was home at the time. and the new owner of the west virginia coal mine where an explosion killed 29 men two years ago fled forever. they will pour credit into the mind and the 2010 explosion was the worse coal mining disaster in four decades. >> now stories you can bank on, negotiating in the workplace. who does a better job, men or women? >> and now, we will go to lauren who joins from the fox business network. so, women, of course? >> we are the worst. linked in did a survey, and they found among professionals

everyone is skittish particularly in this job market negotiating a higher salary. one in four in general are so skittish that they accept whatever they are offered and do not negotiate but the worst group were americans because we are a union society and know used to doing it. and american women were the worst because we like the relationship. >> can i have a job? a raise? no, okay. and youtube is getting bigger. >>guest: google owns youtube and now they are "friends," with paramount pictures. this is important because paramount pictures films, 500, will go on youtube so you can rent paramount on youtube. is key because google needs more content because they are competing with amazon, and apple and netflix. >> explain this story. >>guest: so many changes at burger king in two weeks they are going public with a hot new

menu, like mcdonald's. but they have a new chicken wrap on the menu and blije is singing solely about this senate wrap. the wrap looks delicious but they pulled the ad and burger king has apologized for her lead. releasing it prematurely and some are upset. >> offended? >>guest: offended. offended. >> thank you for the commentary. time, now, is 18 minutes after the hour. next, do not thing the feds are watching in well, think again, details on a new massive data center that will collect your phone calls and e-mails. what do they want to do with those? and the mcdonald's worker who claims they -- she had the

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>> and now headlines, master mind behind the 9/11 attack going to trial with his four co-differents at gitmo bay. the case was suspended after president obama tried to have the case moved to federal court. and u.s. border patrol agents stopping attempts to smuggle $1 million in drugs, 117 pounds of

cocaine. and this is 41 pounds of marijuana mexican national tried to smuggle hidden in a panel on the passenger side and in a spare tire. >> and now could the government be watching you? they could be. there is a massive data center in utah and according to the report, the facility could be tracking your online foot aren't. is this what needs to happen to keep us safe? and now, to answer is former navy seal. why not talk about the kind of information being collected and what they are doing with the information? >>guest: well, a revised executive order gave the nsa the ability to find information, retain it and disseminate it based upon approval looking for e-mails and phone messages that have trigger points. >> so if your -- you are saying

you could be an average american exchanging e-mails with whoever and it turns out if you have certain key words or phrases you will get the attention of the nsa? >>guest: it is very important to thank the men and women out there that are working hard and collaborating across the agencies who are there protecting us and working hard to do so but it is up, the buck stops at the attorney general holder to make sure our civil liberties. >> your point? >>guest: my point is absolutely the capability is out there and there are massive data mining taking place with the nsa inside the united states and that is approved post 9/11 which is fine to a point but sometimes you go to far and we need to help sure that congress has oversite. >> let me read a statement from the nsa. they say that many allegations have been made about the planned activists of the utah data there

is. what it is a state-of-the-art facility designed to support the intelligence community efforts to strengthen and protect the nation. so, bottom line, i don't know they have time to be concerned with the average joe blow and to track what you are saying to your girlfriends. as secretary of defense panetta said, the greatest worry is cyber attack so the government needs to have this sort of massive data. >>guest: understood. and i was at dinner with secretary clinton the other day and her second most important threat to the country is cyber. i support 100 percent, i support the collection of information to make sure we are protected but you can swing too far and we need to ensure that the attorney general is making sure our civil liberties --. >> you go to the attorney general but this is about protecting americans and cyber warfare is the greatest concern of the defense second, as well as former c.i.a., and, also,

they work with the national intelligence agency, et cetera, but the bottom line it is a new world after 9/11, so --. >>guest: and it is not political but it is a fact he is the one who would approve any dissemination of information of citizens. that is my point. i support collecting intelligence to make sure we are safe and i applaud the men and women that do so but we need to make sure our civil liberties and privacy are protected. >> thank you very much. a new day indeed, the time is 16 minutes after the hour. shocking new information in the solyndra bankruptcy scandal. did the president break the laws to give them your money? is your budget tight but you need a new ride? we will go live to the new york auto show with cars for under $20,000. what? yes. this day in history, in 1836, samuel polk invented the first

samuel polk invented the first colt revolver [ leanne ] appliance park has been here since the early 50s. my dad and grandfather spent their whole careers here. [ charlie ] we're the heartbeat of this place, the people on the line. we take pride in what we do. when that refrigerator ships out the door, it's us that work out here. [ michael ] we're on the forefront of revitalizing manufacturing. we're proving that it can be done here, and it can be done well. [ ilona ] i came to ge after the plant i was working at closed after 33 years. ge's giving me the chance to start back over. [ cindy ] there's construction workers everywhere. so what does that mean? it means work. it means work for more people. [ brian ] there's a bright future here, and there's a chance to get on the ground floor of something big, something that will bring us back. not only this company, but this country. ♪

>> welcome back to "fox & friends first" and good to see you. it is 30 minutes after the hour. >> a wild hour. half hour. and now the top five stories making news. egypt's muslim brotherhood getting an invite to the white house. the group met with u.s. officials and members of congress. muslim brotherhood is islamist group long banned in egypt and the white house claims the meeting was to broaden the engagement with egypt's new political party. >> discharge hearing goes forward for a marine who criticized president obama. the sergeant is facing an other than honorable discharge for facing a post where he said he

would not follow orders given by the president believing this is a right to free speech. >> a judge rejected the request to stop the hearing and the military has apolicy limited free speech of service member. >> and the pilot who had a meltdown has to undergo a psychiatric examination. this is video of the captain at cot this week. yesterday a judge ordered tests to determine if he was legally sane. and will decide if he is competent. he has been charged with interfering with flight crew. >> more troubling details emerging of the 528 million federal loan to solyndra and now we learn that financial experts for the government were not even consulted about the loan until the last minute and internal watch dog says the review process was "rushed," and only lasted a day. the investigation also says that

there is no evidence that the energy department addressed concerns about the company including the debt to equity ratio. >> and now update to the never ending mega millions mess in maryland. now, the woman's lawyer cannot confirm if she is a jackpot winner. >> i cannot say with any certainty that this ticket exists. >> so immediate the statement yesterday at a bizarre news conference, his client was 45 minutes late and she said she purchased the winning ticket separate from others bought if a pool with mcdonald's coup womanners and it is hidden somewhere at mcdonald's. those are the headlines at 5:30. >> and now, we are going to las vegas, baby. 32 minutes after the hour and health care she down continues in the capitol where the president's comments are leave many with questions.

>> good morning, guys. the white house has explaining to do, the obama administration had to tell a federal judge today whether the president believes that the united states supreme court can review his health care plan and it all stems in this comment the president made this this week. >> i'm confident the supreme court will not take what would be an unprecedented, extraordinary seven of overturning a law that was passed by a strong majority of a democratically elected congress. >> it was a remarkable statement from a president and a former constitutional law recovery seeming to question whether the u.s. supreme court has the authority to overturn a law. in this case the health care plan. a republican-appointed federal judge in texas ordered the justice department to explain, today, exactly what the

president meant. after all the supreme court has overturned laws passed by congress at least 159 times. and the president has tried to clarify he meant specifically laws dealing with economic issues citing a case from 1905 but that led to heated exchanges at a white house briefing between spokesman carney and our own chief white house correspondent ed henry. >> for the sake of argument we will pretend . >> i am telling you --. >> and, also, when you say --. >> we don't know those cases. do you think most average americans know about a supreme court of 75 years ago. >> attorney general holder will respond to the texas judge today, three pages, single space and he said year the president's comments were appropriate but that the court's decision will be respected. >> thank you. good to see you.

>> another talker this morning, have you heard this, a celebrity says that o.j. did not kill his former wife and his friend. >> he says he is innocent and i can prove it. he was on o'reilly last night. >> the suspect is o.j.'s son, yeah son, correct? >>guest: that is correct, he was 24, 5' 1" and on probation. >> you went to his storage facility. how did you get the knife? >>guest: it was put up for sale. we were watching it and we knew he had items stored in the facility and when he failed to pay the rent we were ready and someone bought it and we but the it back from them and that is how we acquired the knife and why we acquired the picture him wearing the knit cap and his diaries and a number of other pieces of information. >> thank you is the author that will be on "fox & friends" this

morning. he says there now there is more proof. >> before you leave, we will get the first-degree weather update with janice dean. >> ladies we are watching for a tornado watch in new orleans already this morning across the gulf coast 9:00 and 11 a.m. and the strong severe storms continue for move eastward across the southeast and we also have fires across the midwest and the great lakes and temperatures were above normal for much of the month of march, and, so, all the pretty flowers and the sensitive vegetation could be affected tonight. so we will keep an cry on that. we have tornado watches, with conditions favorable for tornadoes in louisiana and mississippi and this tornado watch until 9:00 a.m., and this until 11 a.m. local time and in the watches we have several thunderstorms warnings, so we could see large hail, damaging wind and isolated tornadoes

throughout the day, across the gulf coast and into the southeast, so, there is the severe weather watch, rather, the area we watching throughout the day today, for the potential of strong to severe storms, a good chunk of the country, and you can see the temperatures where we have cooler-than-average temperatures behind the cold front we are watching, and, above average temperatures ahead of that, dealing with the unstable air mass and the potential for severe weather. so we will keep you posted on the watches and warnings as they pop out. back to you. >> people need a break. yesterday was dust crazy. >> unbelievable, 18 reports of tornado in northeast texas and around dallas-ft. worth, something i have not seen. >> thank you, janice. many people do not believe they can afford a car. or a good car. and we are live at the new york international auto show with the top cars under $20,000. ainsley? >> there are a lot of cars that

are affordable, the latest and greatest the cars of 2013, and a guy offers $2.6 million to sell his shelby mustang, but a car can fly, the new taxis, and, then, the affordable cars so we have our friend, you are with the largest able magazine in the country. "motor trend." great magazine. and always on fox talking. you are the expert. so take it away, tell us of the first one. >> dodge dart is back. born in 1960 and ran for 26 years. this is reconfigured and you can reconfigure this car because young kids get the cell phones and put their apps and do this stuff and that is how they are designing cars so the youth have the ability to reconfigure the

cars. these cars are in the 40 miles per gallon area. >> this is the ford, and another one, again, we are all in the 40 miles per hour club, and, again, reconfigured. if you want your stereo and you want to talk to it with the ability to push a button and talk to your car. >> 9-1-1 assistance? >> for the life of the car if you have a problem. >> cool color and the orange car? >> this is the newry serious, there is a family of priuses, a hybrid, and this will get into, possiblies close to 50 miles per gallon. and, again, they made it smaller. there is a whole family of priuses and it is more city friendly because it is smaller. that will is why it is called theory serious c. >> it is really friendly to the youth with their toys. >> and a hybrid for under

$20,000. unheard of. >> all in the low teens. >> i heard a shout out. if you are interested in coming down here it is a cool place, on the west side of the city, and it is $15 for adults and $5 for children and kids under two get if three. >> affordable cars and everyone is looking for them. >> absolutely. see you at 6:30. we will entremendous dues trucks and s.u.v.'s at 6:30. >> and whitney houston's full autopsy report is now out and it shows a white powder believed cocaine found if her hotel room after all. and it suggest she may is overdosed on a combination of narcotics and prescription drugs and alcohol before drowning face down in the bathtub. >> that was quick. mike "the situation," out rehab.

the jersey shore star posing for a picture yesterday did not talk about the treatment. he will have a few weeks off before shooting the 6th season of "jersey shore." >> it was 80's night on "american idol," and contestants did not disappoint. ♪ will i know ♪ if he really loves me ♪ i'll say a prayer >> she was not alive when whitney's song came out but the judges thoughts they did a great job. the result is tonight. >> 41 minutes after the hour and the doctors cross the country announce they need to cut costs and cutting services. is your health in danger? >> your last chance to weigh in on question of the day: do you think it was fair for a massachusetts school to eliminate the word "god," from

the fame out song "god bless the usa." tweet us or e-mail us. we all have one. that perfect spot. a special place we go to smooth out the ripples of the day. it might be off a dock or on a boat. upstre or in the middle of nowhere. wherever it may be, casting a line in the clear, fresh waters of michigan

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>> as we span the globe and see what stories are making headlines a gunman killed eight

people in afghanistan after storming a compound. next lawmakers asking the pentagon to send extra military quipment to help secure the u.s. mexican border, and they say time is right now that the wars in iraq and afghanistan are winding down. and, catholics through the world observing holy thursday, you are getting a look at a mass held early today in jerusalem and the holy day is celebrated to recognize the last summer of jesus christ with his disciples. >> and certain testing at the doctor's office could become more rare a panel of doctors announcing they need to cut costs so they are cutting out services. is your health in danger? and diane has more. >>diane: good morning, so, nine procedures are be, urged to stop automatically ordered, 45 routine tests and treatment which have some applauding and others warning this is health care rationing, including early imaging for back pain, and ekg

on heart healthy patients and the most controversial, is chemotherapy for really second cancer parents. the groups represent 374,000 doctors say the goal is to improve care while reducing wasteful spending and by some estimates unnecessary treatment constitutes a third of medical pending in the united states. but especially given the country health care debate some fear this is the kind medical care rationing that critics have been warning about. a recommendation could revise charges of the death panels and the suggestion not to use chemotherapy on some with advanced forms of cancer. those patients rarely benefit from treatment and since chemo is tough on the body it may do more harm and prevent them from living their last days as comfortably as possible but some patients prefer to fight to the end if hopes of being the care come back case but the fear is they will not have that choice. viewers can see the list at

www.choosewisely.org and now, 48 minute after the hour. the thought of selling your house in the economy could give you chills but surprisingly some realtors have figured out a way. >> and are you supposed to be oh wake this early? >> yes, new effects, what it does to your health and your memory. >> i am not awake! >> and now what is coming up on "fox & friends", peter? >>peter: we will be talking about how the president of the united states is taking on the court. what is that all about? also we will talk money with dave ramsey and bob massey would will answer e-mails. and at the conclusion of the program, i don't know how bryan talked me into this because it is 43 degrees in income city, but we are going to go swimming outside of the studio because we

have olympic gold medalist here, and she will be our coach. >> are you wearing the blue speedo? >> i don't know what color it is it is so small. >> moving right along. >> oh, boy. before we go, a salute to troop heroes homecoming. 70 soldiers are greeted by family family members and friends running from a nine month dehim in iraq and kuwait. the men and women part of the army's 129th transportation company. welcome home, gives and girls. ♪

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>> homeowners and buyers feel the pain of the housing market but now we hear from the realtors and how they are holding up part of the shatters dreamed series. >> the housing market struggle, that is no secret so we talked with real estate professionals on how to get your home sold. >> can you not wait for the phone to ring. it doesn't work that way. >> beverly has been working in real estate for more than 25 years and says the housing market is ripe with challenges. >> in our area, 40 percent left the business since 2006, and i would say that of the people that are left in the business,

probably less than 3 percent are full time. >> that mirrors the trend nation wide. according to the labor department the number of realtors realtors and the at of wages peaked since 2007. >> they are working as hard or harder and not earning as were. >> the new federal laws are complicating efforts to get homes sold. >> there is is new legislation t changing everything with the banking industry. >> appraisals are handled different. and she says it is now tougher for legitimate consumers to get the tents ifing they need to achieve their goals. how are realtors staying afloat? she focuses on long days, working the phones can tackling foreclosure properties. along with the added boston of social media, using the intent and direct contact technology to spark buyers' interest.

paul bishop says that real estate professionals are essentially small business owners. >> they can gain rewards of small business people, and that is something that drews them into the business. >> the national association of realtors is actively working to get lawmakers to streamline the government requirement after spending $22 million on lobbying in 2011. >> we asked to you brew on this, is the school controversy with parents in massachusetts upset a their kids' school decided to change the lyrics of "god bless the usa," but pulling the plug altogether. do you thing the school was right or wrong to change the words

>> the video you will want to see a runner takes a change. but you will be cheering. >> and all scrambled up. coulding up next.

>> time for the good, the bad and the ugly. the good -- a new study shows that people who sleep soundly through the night are better at retaining positive memories. researches say the finding could help in treating post traumatic stress. >> next the bad -- philadelphia city councilman using $28,000 in taxpayer money to pay someone to handle social immediamedia for . he says he needs the help. >> and the ugly. a freshman falling face first during a race. i love it. >> gets right back up and waves to the crowd. >> very, very cool. >> all right. ok. >> here we go. >> scrambling our little letters. >> like i said, i got this one. >> i could have sworn there was a t in there. apparently not. so gretchen carlson. >> gretchen, good morning!