thank you for watching "fox & friends first". >> it is time for the top 5 at 5. those are the main stories making headlines this morning. >> rick santorum and mitt romney will meet face to face today. the two are expected to discuss a strategy to win the white house this fall. santorum may be able to help woifrn social conservatives without turning off moderate voters. that is at least a hope. we are still waiting for santorum to endorse romney but many say it won't happen today. >> khalid shaikh meik mohammed get their hans to answer to formal charges. their arraignment will be at guantanamo bay the first step to a military trial. three years ago he turned the trial and said it should be in civilian court instead. all suspects facing the death penalty.

lawyers will speak out today. some family members will be watching the proceedings. >> who says the rich don't have big problems? super model is facing off today with a french billionaire behind some of the fanciest fashion labels all across the world. he is also the father of their 5-year-old son and current husband of salma hayek. she is askihe's asking for $46, in in child support around the clock. she says she needs it for a driver and child care. he has been sentenced to 9 years in jail. he is accused of acting gerns nati against national security in iran. a news of his sentence have them worried about the impact it could have on the pastor's case as no other lawyer is likely to take over, he was in court

defending one of his clients when the judge announced the jail sentence. he is not behind bars yet. rivera woucould be out for rest of the season. he tore his acl during batting practice. looks like a very costly exercise for the 42-year-old closer. those are your top five headlines at 5:00 this morning. heather. more diplomatic drama playing out tonight. they plan on meaning with the chinese dissident after he called congress begging for help. let's go to peter doocy with more on this developing story. good morning, peter. >> good morning, heather. we found out about a possible way out, a possible solution. they said cheng can leave like other dissidents. we got a translation from a tweet of a friend of cheng. he is sorry for the pressure he

put on the chinese and americans after he changed his mind and decided he wanted to come to america which would be for a few months to study at new york university and not to seek asylum. he detailed why he didn't feel safe in china when he called in an emergency session of congress. >> the fear for my family member's lives. they have installed 7 video cameras and even with electric fence. >> the situation -- he also said yesterday the situation is very bad. my wife wanted to go shopping today but they didn't allow her to go saying she must get clearance first. then she was followed and filmed by three people when she eventually went after getting permission. hillary clinton sided with those who feel they are being denied freedom. >> as part of the dialogue the united states raises the importance of human rights and fundamental freedoms. because we believe that all

governments do have to answer to citizen's aspirations for dignity and the rule of law and that no nation can or should deny those rights. >> cheng's friend is now saying cheng never criticized the u.s. embassy having forced to leave the embassy he walked out on his free will and is grateful to the diplomats that helped him out this week. a real fascinating case mained may end up here at nyu. >> harsh words for the obama administration over their treatment of the chinese dit gent -- dissident. >> there are reports they unwillingly communicated an implicit threat to his family and may have sped up his

decision to leave the embassy because they wanted to move on to a series of discussions mr. geithner and others are planning to have this china. according to the reports if they are accurate the embassy failed to put in place the kind of verifiable measures that would have asked for t ensured the sa of mr. cheng and his family. it's a day of shame for the obama administration. we are a place of freedom here and around the world and we should stand up and defend freedom wherever it is under attack. >> mitt romney will be on fox and friends later at 8:45 for more reaction to that and more. there's another big talker this morning. did you see this one last night? perhaps you missed it. sean hannity has a real show down with an occupy froeser. hannity has not so subtle advice for the ok pier.

listen to this. >> my suggestion to you is -- >> i don't need your suggestion. i have a suggestion for you. you are 29 years old. stop wasting your time at occupy wall street. here's a novel concept. get up at 6:00 a.m. shovel coffee down your throat hit the pavement, find a job. stop complaining stop whining and get your (bleep) to bed like everybody else. >> give me a job i will go to work. >> if you start pounding the pavement and stop hanging out at sgluk sgl the park. >> i am on-line every day. >> go be a dishwasher, go do something. >> something remedial. >> go goat a job. that job is beneath you. hanging out with rapists, drug addicts people having sex in public is more fun.

>> that is telling when you talk about menial jobs. right now in today's economy is job is a job. we all done it. get out there and do it. >> our grandparents did it. you wouldn't hear that a from that generation. >> janice has a look at the weather. severe thunderstorms across the country. what's going on? >> i am thankful for my job this morning. even though sometimes people get mad at the weather girl when it is rainy. we can see storms. very thankful today. take a look at where we could see severe weather. thunderstorms in parts of missouri, iowa and illinois. severe thunderstorms meaning conditions are favorable for the potential of large hail damaging winds and isolated tornadoes. we have thunderstorm warning south and east of the ohm ma area border of iowa and missouri. a couple areas we are going to keep an eye on across texas and

oklahoma and then across the midwest and the great lakes and the ohio river valley where we have this frontal boundary that continues to hang around. potential for severe weather up toward new york city today. in some cases we could see records broken. back to you ladies. >> thank you very much. we appreciate it. who could ever get mad at you. >> joining us with more on this robert gray from fox business network. good news. >> it looks to be good news anyway. unemployment expect to do remain steady at 8.2 percent. are people still not looking for jobs? we have seen unemployment go down. the key np watch the revisions. every week is higher than next week. last month's number was revised higher or not. >> 138 kentucky derby going on

right now. >> grant facing louisville kentucky they own pizza hut, taco bell. look out for woodford reserve and brown foreman. churchill downs it's a publicly traded company as well. these are companies to watch on the stock market. what about news from the box office, harry potter knocked off? >> not yet. the fans are assembled for the avengers. it has done really woefrl seas. it is debuting this week. may give harry potter a run for his money. $169 million that's a tall order for the first time on the box office. >> could knock off batman. >> harry potter may cast a spell. >> may take a lot to beat them. the time now is 10 minutes after the top of the hour. coming up the diaries of a monster. the brand new details from

inside the mind of osama bin laden. for the very first time we are hearing from the ceo of spirit airlines. he says the veteran who is too sick to fly because he has terminal cancer doesn't deserve a dime. before we go to break we wanted to let you know we have made it easier and faster on facebook. facebook.com/foxfriendsfirst. go to that and twitter as well at fox friends first. or fox friendsfirst@foxnews.com. the point being they are all the same now. more coming up stay with us. ms look at you and just see a policy.

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>> 14 minutes after the hour. quick med lines to bring you now. john edwards could have prevented the national enquirer from going public with his affair. the tabloid considered killing the story if edwards agreed to sign the sworn statement he was not the father of rielle hunter's daughter and the affair never happened. edwards refused to sign the document. edward's former campaign manager is expected to testify. noah is pulling an ad for possible poor taste. listen to this. it is soliciting a magician for employees of an uncoming leader ship event. this came days after the headlines for abusing $800,000 of tax payer money including hiring a mind reader to entertain employees. good idea to cancel that one. it is time to brew on this.

friends and family mourning the loss of junior say ow. the death officially ruled a suicide. >> it came at a tough time in the nfl as more than 100 players have filed a new lawsuit against them. ainsley earhardt is following the story for us. >> the medical examiner is now confirming seau did die from a self-inflicted gun sot wound to the chest. should they donate his brain to science? researchers are hoping they say yes. they wanted to see if he had any head trauma from his years on the gridiron. it can lead to alzheimer's as well as mood swings. they have been linked to several pro athlete's early deaths or suicides in the path. among them chicago bears safety jim derson. his family allowed his brain to be studied after he committed suicide in february of last

year. just hours after seau's death 100 players joined a lawsuit against the league claiming it doesn't do enough to protect them against concussions and other injuries. more than 1500 players have joined that lawsuit so far. a trial date has not been set. such a huge issue. thank you so much. that is our brew on this question of the day. should the nfl be liability for these injuries? >> you can tweet them to us at fox friends first or shoot us an e-mail to fox friendsfirst@foxnews.com or answer on our facebook poll at facebook.com/foxfriendsfirst. 17 minutes after the hour. coming up the verdict is in. we will tell you about the hollywood heavy weight who was

fa cass to play the prosecutor in the casey anthony movie. inside the mind of osama bin laden. up next his twisted thoughts just revealed. the army's combatting terrorism center is releasing what they call osama bin laden's final words. i believe they were, who is coming through the door at this hour?

>> cops in if indiana looking into a potential connection between an accused murderer and missing 20-year-old student lauren spierer. gibson is facing the death of

two women. the verdict is in actor rob lowe has been cast as casey anthony prosecutor in up coming lifetime movie. it is to be told from the perspective of ashton who went head to head with anthony in last year's court trial. >> osama bin laden dreamed about attacking the united states until the bitter end. that is just some of what we are learning from the treasure trove of documents ceased from his lay layer in pakistan. >> the documents released by the terrorist center shows his corresponding with 6 of his lieutenants in an effort to keep them from hiding. the groups like al qaeda and iraq suicide campaigns killed muslims. in 2010 he wrote quote i plan to release a statement announcing we are start ago new phase to

correct the mistakes we made. in doing so we shalrie claim the trust of a large segment in those who lost trust in jihadees. bin laden was growing increasingly frustrated. he balked at making anwaral can i the leader in yemen. he viewed it, we would like further assurances for example over here we are generally assured after people go to the battlefield and are tested here. the white house was pushed to explain whether releasing the documents this week was driven by politics. >> process of reviewing and analyzing them required considerable time. it is also the case because of the renewed interest on this anniversary in the mission that led to bin laden's demise that this was deemed an appropriate time to release them. >> the apparent roll out is not over yet. on saturday the 9-11 suspects will be arraigned at a military

court in guantanamo bay. >> thank you svery much. it is 23 minutes after the hour. coming up we will tell you about the case against eric holder. there are brand new developments in the fast and furious scandal that don't bowed well for the attorney general. >> just call it a case of home tweet home. love this story. this lost pair keet led cops to his home address. really? wow. first time in history 2011 it was the first official star wars day. it was in ontario, canada. the slogan, may the forth be with you. today is the fourth. we will be right back. having one of those days?

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>> hello there. welcome back to "fox and friends first. i am heather childers>> i am heather now aauernauert. >> time for your 5 at 5:30. the top stories making news at this hour. we start with a fox news report for you. reporters just met with cheng over the phone for the first time he left the u.s. embassy in china. the details not being revealed at this time. cheng desperately wants to come to the u.s. saying he fears for his and his familiar lace lyes.

secretary of state hillary clinton will hold a news conference on this in about one hour. >> isabel celis last saw their daughter on april 20th when she went to bed a. window in her room was opened and the screen was pushed aside. in the meantime investigators in the state of arizona are saying for the first time both parents took a polygraph test early on in the investigation. they are not sharing the results at this time. spirit airline ceo speaking for the first time about refusing to refund a claim ticket for a terminally ill vietnam veteran. >> it is jerry meacon's own fault he didn't buy insurance. quote we feel very badly for him but it is a country and society where we lay the rules. that's not fair to the 10

million other spirit customers. that's why we made that decision. >> i think those other spirit customers might be willing to cut this guy a break. won't be able to celebrate with cupcakes and cookies. they have banned sweets on school grounds. all food on school grounds has to add here to district approved recipes this includes birthday cakes and even school lunches. some parents are outraged calling the officials food nazis. >> shame on them i say. >> in this case polly didn't want a cracker. i just wanted to go home. this parakeet got lost in tokyo but it turns out he was helpful to the police and very smart. he told them his address. his owner once lost a parakeet before so she didn't want the same thing to happen again. he is home safe and sound. those are your five headlines at 5:30. >> maybe the cops need something

better to do there. not too busy. >> the house oversight committee are holding eric holder in contempt of congress. he is live in washington. tell us about this. >> good morning. well this is a big escalation in what has become a war between the justice department and house oversight committee. the republicans are threatening to hold u.s. attorney general eric holder in contempt of congress. he has failed to cooperate in the ongoing investigation into fast and furious the federal gun walking program that attempted to track gun missions in mexico by allowing them to take place. it created a firestorm in congress. daryl issis says holder is putting up road blocks. >> this is very much like what richard nixon dealt with. he said i give you what i want. the president does it's legal. ultimately the courts repeatedly

sided that he was wrong, that in fact congress has an obligation. >> the justice department shot back yesterday. deputy attorney again rale james cole responded to iss's charge s a /* -- iss's charge: a's charg >> the owe site committee would have to vote. that would be the next step. one democrat calls this a partisan witch hunt. we haven't heard the last of this one. that is for sure. doug luzader thank you very much. a big escalation in washington. >> it is time to take a look at who is talking now. you the peopamerican people are specifically. >> the poll is giving us insight

as to how the states might go this fall. in florida romney is leading president obama 44 to 43 percent within the margin of error. in ohio the president leads romney 44 to 42 percent. the race is not as close is pennsylvania. that's where the president has 47 percent of the vote compared to romney's 39 percent. >> another state that will be crucial in november is virginia. the governor of the state bob mcdonald is rumored to be on mitt romney's list of potential running mate. >> bret baier continued that series of "running with romney". that's what it is called. he took a closer look at mcdonald. the commonwealth of virginia is seen as crucial to republican chances in the fall. >> i sense virginia is still at its core a right of center state. it is certainly a physical conservative state. with fiscal issues being a top issue i say the independent voters will control the election statewide and nationwide reverting to national tendencies

voting right of center. >> but it is purple. >> it is. ten governors who had five republicans five democrats. >> cracking the electoral code in virginia traditionally comes down to unlocking voter enthusiasm in the affluent suburbs of washington, d.c. an area that really puts the swing in the commonwealth. and an area where analysts say mcdonalds could help. it puts the approval rating with likely voters at 58 percent. he's balanced two budgets without raising taxes cutting $6 billion from government. the unemployment rate in virginia dropped from 7.2 percent to 5.6 percent the lowest in three years. >> when you hear people say you are on a short list for possible vp, what do you think? >> i am saying i am not looking for it or asking for it. we are sitting here in the capitol designed by thomas jefferson the second governor of virginia. that's a pretty good gig to have. i am love whatting we are doing. i am head of the republican

governor's association. i am interested in electing republican governors. he hasn't talked to me about it. i want to help him every way i can to become the next president and i want to see more republican governors. that's my goal right now. >> great to learn about all of the prospective candidates. you can hear more of the interview at foxnews.com. the next feature will be condoleezza rice. >> they are off, not the candidates this time. talking about the horses. it is that time of year again for the kentucky derby. to get the inside scoop on the fashion, the racing, the food we are joined by anna kooiman. anna, i couldn't wait to see what hat you were wearing. gorgeous. perfect. >> when in rome, right? or when in louisville in this case. it is going to be a weekend heather. it will be a weekend of high fashion and fancy food and of course good old fashioned horse racing. today is kentucky oak day leading up to the kentucky

dance. it is the fastest greatest two minutes. there's a lot of hubbub leading up to it. it is 10 furlongs with 100 mile total distance there. it is a race of 3 thoroughbred horses. for the first time in the 138 year history the kentucky derby has all 20 spots filled and is allowing one alternate. if you are of the betting kind many of you are and want to know who has the best odds union rags, voting meister and g gemologist are the top three. animal kingdom finished with a time of 2 minutes 2 seconds and .04. you can see with 133 star gazing lilies signature race flower and with the running of the roses tomorrow will receive this garland with 554 red roses sown

into green sat tanl. the races here at churchill downs are expect to do draw 300 thousand fans. everybody from millionaire's row all of the way to the infield. we will be covering everything from the wild... (audio out snchl ( >> we lost her audio there. >> it is hard to pull off the hat but she manages to do it very well. looks beautiful. >> 36 minutes after the hour. before you leave the house this morning we want to get your first degree weather update from janice dean. how are things looking for folks at the kentucky derby. >> and where is your hat, janice? >> i wish i would have known. i would have brought it today. the fancy hats may come in handy. we could see potential for a stray thunderstorm. our girl anna, doesn't she look great this morning. for the forecast today, saturday and sunday we have a chances of thunderstorms in the forecast. about a 40 percent chance of thunderstorms for saturday. it will be very warm, though.

so ladies, make sure you are wearing your fancy dresses that are maybe sleeveless like our girl anna out there. potential for severe weather. storms in the forecast up toward missouri and iowa. thunderstorm watch meaning conditions are favorable for thunderstorms. we have a thunderstorm warning just east of the glaton area in west central illinois. keep an eye on that. we will bring you the forecast details for the kentucky derby. >> have you girls been? >> no. have you? >> i haven't. all of us. >> we will do fox friends first there. >> yes, let's do it. >> it is gadget time and our tech guru clayton morris has must have gizmos. thank you for joining us. >> this is luggage. >> i know, luggage. it was one of the big hits at

the travel show this year. the company launched biaggi. other wheel rollers exist. they pop out of a little tote bag fully unhook and extend to a full suitcase. when you are done you flip the little switch down inside and it pops back up. folds back up and can slide right back under your bed or in your hotel space or in your home you don't want to have a full space for your luggage. it is the world's lightest. like it. new in the camera world. >> everybody has a smort phone. when you go on vacation you want to take better pictures. >> at least feel like you are. >> sony has a fantastic line of cameras the nex line. they are really light and take beautiful dslr photos high end professional type. they have removable lenses so it makes it really easy to switch out to different portrait modes

or landscape modes or wide modes. it is an affordable line of cameras but it's not a big huge bulky camera. >> 30 seconds left. >> solar kindle. this is a case for the kindle. it works in the sun. it charges your battery so you can leave your charger at home. kindle touch in there. >> need that for an ipad. this is for an ipad. >> this is the logo tech. ultra thin case. it's a blue tooth key board. you don't have to bring a case. >> i love this. >> look how thin that is a full blue tooth key board. >> they have had the key boards before. i have one. this one is so much thinner. >> it is so much thinner and lighter and gets you the full functionality of a lap top so you don't need to bring a lap top another. thank you so much. appreciate it. i like this because then i can pretend to be a professional photographer. >> we will put these on facebook. >> hitheather we know what we a

getting you for christmas now. >> this may be the most bizarre murder defense ever. he is accused of killing his wife. he says it wasn't him but instead a spray tan did her in. no more fudging how much money you make. companies are asking potential employees to turn over their tax returns get this, on a job interview. we will tell you about that coming up. doocy.

>> it is 43 past the top of the hour. see what stories are making headlines overseas. russia a top military officer threatening to carry out a strike on u.s. led nato missile defense facilities if washington

goes ahead with a plan to build a missile shield. talks with the u.s. are close to a dead end. mexico 12 people are dead after a suspected drug cartel ambushed an army patrol right in the middle of the street. the thugs using high powered guns and grenades. two soldiers died in the clash. and brazil it is not a bird it's not a plane, it is jet man. a swiss pilot soaring over the skies. he uses only his body to steer the jet propelled wing. that looks like fun. >> heather, are you in? >> definitely not on that one. >> this is a murder defense that you have definitely never heard before. on miami of -- on monday a miami real estate developer takes the stand for the death of his wife that begins then. the coroner says the husband didn't strapg el his wife. he says he didn't do it.

he says the spray tan actually killed her. let's ask criminal defense attorney arthur eye daidela abo this case. >> there are a lot of odd components to this case. she dies in 2007 they don't claim it a homicide in until two years later. i don't think i have ever heard that amount of time taking place. deep pressure to the throat. >> the medical examiner says she was strangled. >> another human being. >> the dpeens that came up was she finishes spray tanning and there's arsenic contained in the chemicals being used. >> so she was poisoned she fell over. >> and she hit that area over there and that's what they are going with. a judge already said i don't think so in the bail

application. they tried to use that defense to the judge to get him out of jail on bail. you have 12 jurors you are going to have other experts backing him up on this and you have a family which is a little odd. >> let's get to that one. the defense is throwing anything at the wall and hoping it will stick. that's something similar to casey anthony's case. >> casey anthony they through more at the wall. they are giving them an ulterior explanation. she tans she passes out she falls hits her neck that's it. >> her family the diseased wife's family is actually backing the husband. >> yeah, the whole crew is. >> what does that do to the case? >> gives the defense something to hang their hat on they could

say ladies and gentlemen of the jury you have known him for two minutes on the stand but this family knew him and his wife their whole life. they are telling you there's no way this guy couldn't have done it. you hope two people say i think they are right. hung jury. maybe then you can plea bargain her out, but in casey anthony they say not guilty. >> experts can claim anything as you saw in casey anthony case. >> it if it's an expert engaging that pulls the jurors into their way of thinking you never know what is going to happen. 2e7b years ago less experience i would have said no way. >> it's a real shame. >> heather if you are particularly handsome like i am in front of the jury and particularly charming -- sorry. it's extremely early in the morning. >> just about 10 minutes before the hour. coming up no more exaggerating

how much money it makes when it comes to being in a job interview that's because companies are now asking potential employees to turn over their tax returns. it's our question of the day. 100 or more players are now suing the nfl. they say the league has hid the dangers of concussions from them for quite sometime. should the nfl be held liable for this? it's your chance to e-mail or tweet us. let's check in with steve doocy to see what's going on. >> you have a dunk tank filled with margarita? >> it's friday. today is quatro de myo, todmorrw is cinco de mayo. that's why we have a dunk tank. that's why the famous tv chef is going to be stopping by to make cinco de mayo recipes. the unemployment number the big one comes out. right after that we are going to have mitt romney do some instant analysis of it.

herman cain the cacain train dr. we have show girls from vegas. don't miss it fox and friends get started in 10 minutes right here on the fox news channel. to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you.

>> welcome back. you better have your w-2 ready if you are on the job hunt. employers are starting to ask for it. adam shapiro is here to explain. >> good morning. it is perplexing to a lot of people. especially in a tight job market. the story came to light after the man who will remain anonymous was up for a job at amazon.com. he got through the interview process three rounds and then finally as they were getting ready to make a job offer they

said we want to see your w-2. then they used that in the job offer they made to him and low bawled him on the salary they offered. this begs the question are more employers doing this? apparently the answer to that is yes. first of all, you will see more companies asking for your w-2 which is not illegal. this is perfectly legal. so if they advertise the job is going to pay between 40 and 50,000 you give them a w-2 that shows you were making 35 they may come in with a less offer. the other situation is going on while it is not illegal it is a slippery slope for some employers. because there's information on the w-2 they are not allowed to make public. if you are in a situation where this happens you can cross out your social security number. they are not allowed and they cannot demand your social security number. you can cross that out so they

won't fall into the wrong hands. other than that kind of up against it. those hire having the upper hand right now. >> thank you very much. adam shapiro. i am surprised that's legal. >> that's a tough one, too. puts potential employees in a difficult position. just about five minutes before the hour. earlier in the show we asked you to brew on this. scientists are asking to study junior seau's brain fearing football injuries may have con trub butted to his suicide. they are claiming the league doesn't do enough to protect them from concussions. >> should the nfl be liable? 80 percent of you say no. here are some of the responses at doctor doctor jo-jo says players are worried they can quit football. no way to garn the they won't be hu -- guarantee they won't be hurt. >> travis tweeted you tell the players take risks. i got concussions in iraq for a

lot less money. >> if they want to sue the nfl they need to sue the ncaa and the high school they started at because blows to the head started young. >> a lot of parents are concerned about that with their children playing football and other contact sports. >> it is now five minutes before the hour. here we go again. a woman told that she was too fat to fly, but this time the passenger is fighting back. >> it's your word of the day all scrambled up. can you figure out what it is? stick around for the answer? had to do with the show. think. [ male announcer ] the inspiring story

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spain and part of africa. good job. up next, the bad. a backyard in one florida neighborhood gone. a massive sink hole opened up taking out the entire yard. about 100 feet wide. the family was forced out of their home and to the ugly. striking back against southwest airlines after she says a gate agent told her she was too fat to fly. and now she is suing the airlines, she says that she doesn't want money. instead, she wants an industry standard put into place for flyers who have to buy a second seat. now, it's time to get all scrambled up. brian kilmeade and look at this guy, he came in and he's here to help us out. got any ideas? >> had to do with the show. >> i like the way it started. that looked like -- >> artkeape? >> is it parakeet? > >> do you have problems with arthur after the show?