>> good morning everyone. i am patty ann brown. >> i am ainsley earhardt. it's friday august 17th. thank you for watching "fox & friends first". >> it's time for your 5@5:00. the top five stories making news at this hour. we begin with a fox news alert. overnight in afghanistan two u.s. service members were shot dead by an african police officer. this is the -- afghan police officer. it comes a day after a blackhawk helicopter crashed in kandahar providence. everyone on board died including two u.s. soldiers.

u.s. military officials don't believe it was shot down. >> the gay rights activist accused of killing a security guard in washington, d.c. ordered to undergo a mental health evaluation. he reportedly said he didn't like the concern of christian group politics. now the president of the family research council says rhetoric is partly to blame. >> let me be clear here floyd core kins was responsible toer the wounding of one of our colleagues and one of my friends at the family research council. i believe he was given a license to do that by a group called the southern property law sent. who labeled us a hate group because we defend the family and stand for traditional orthodox christianity. >> could have been worse. they found 50 rounds of ammunition in his backpack. >> congressman is leading to allegations of frat house

culture. chief of staff susan bar is on leave amid accusations she made graphic comments towards female employees. he claims he was passed over for a promotion in favor of a woman who knew u.s. secretary janet napolitano and was retaliated against. he diverted hundreds of thousands of dollars in union funds for personal use. tj vaughner also accused of seeking wages for downloading pornography at his house on hard drive paid for by the union. he was the president of the national border patrol counsel for 22 years until he retired last year. >> ann romney is speaking out for the first time about a major health scare. she had a flair upof multiple sclerosis as her president was g husband was geeding rea-- getti ready in march.

>> it was such a crazy time i didn't want any one worrying about me. especially mitt. i didn't tell anybody. i felt tipping elling and numbness coming back. i started getting dizzy. it was a reminder i can't keep that pace up. >> romney was first diagnosed with ms in 1998 before going into remission. shies also a breast cancer survivor. through all that she says she has never faltered in supporting her husband. she says he will quote save the country if he is elected. that is your 5@5:00. >> mitt romney going to the drawing board literally to shoot down criticism about medicare. >> governor romney was trying to make things as simple as possible. he spelled out nothing will change for people who are seniors today under his medicare plan but he said when the president's proposal 4 million people will lose medicaid advantage plans and there will

be $716 billion in cuts for the program. >> my plan presents no change. the plan stays the same. no adjustments no changes no savings. >> over at the white house jay carney didn't have any prompts in the briefing room but he had strong words for the romney ryan ticket. it is clear the election gives americans a choice but when it comes to discussing key issues republicans are walking away from the debate. >> what we have seen since late last week early this week when the ticket for the other side was filled out was an announcement for a substantive policy debate when it focused on

medicare there was a desire on the other side to change the subject. >> the chicago side of the operation said the romney ryan budget eliminates the guarantee of medicare instead provide people with a voucher to provide healthcare. he said in south carolina his medicare plan should not be labeled as a voucher plan. >> good to know. medicare is what we are talking about this morning. a poerl asll asks voters what s you more obama's healthcare law or romney's proposal. 41 percent were more afraid of paul ryan's proposal 48 percent president obama's healthcare. charles krauthammer has thoughts

on the gop's recent push. >> i think cha happened here is the republicans wanted to fight on medicare. in 2010 where they swept 700 billion medicare to pay for the new entitlement obama care. they won on that issue. it's a deeper issue as well. the one republican who was the least equipped to fight and argue on obama care is romney of all those who ran because of what he did in massachusetts. but now he can completely engage obama on obama care. now stories you can bank on this morning more pain at the pump. analysts say 2012 will be the most expensive year for gasoline. will the white house dust off old plans to help bring prices down? joining us from fox business

network is lauren simonetti. >> oil prices hit 3 month high yesterday. reporters is saying they may tap into oil reserves. they will monitor the gas and oil situation after labor bay. this is really the president tampering with a hot button issue for voters. the new jersey stockpile should not be used unless we are in a crisis like after hurricane katrina. defending on what kind of car you have your car insurance premium varies a whole lot. >> look at the most expensive cars to insure the difference between the sheikest and cheapest is $2,700 a year. the audi r 8 spooider quatro followed by mercedes models. the cheapest is the toy oota sienna mini van.

>> shopping for school now. >> headed back and parents have done 40 percent of the back-to-school shopping according to the national retail federation. that makes the next two weeks critical for retarryls to check off the list. the average american is expect to do spend $688 sending junior back to school. but wal-mart said something yesterday that was pretty interesting. they said they are noticing shoppers are spending more at the beginning of the month when they are getting paid. we are still struggling to make ends meet. maybe we have some of these back to school shoppers waiting until september for their paychecks. >> $688. >> that's just high school. more for college. >> thanks so much as always. >> thanks so much. time for your first degree weather update. more on the storms that are headed in this weekend. >> hello ainsley. happy friday to you. that is the good news. the weekend is here. we have the potential for delays in terms of thunderstorms. so let's take a tour across the

radar, shall we? across parts of new mexico and arizona seeing a little bit of moisture here. they need it so they will take it. we are seeing a frontal boundary bringing the potential for severe weather across the central plains up towards the appalachians. that is the region where we could see large hail damaging winds even isolated tornadoes. widespread area of slight risk of severe threats. i don't think we are going to see a rash of tornadoes. with y but we could see certainly lightening hail and damaging winds. highs today warm across the south. look at how cool we are across the upper midwest and great lakes. 74 minneapolis 76 chicago. still dealing with the heat across the northwest where it is going to be 92. 92 in seattle today. that is very warm for those folks. back to you ainsley. >> thank you janet. here's what we would like you to brew on today. a new survey suggests the biggest time waister at work,

goss gossiping. also annoying software updates and computer glitches. >> out of the 300 nonexecutive workers who took part in the survey only 9 percent said social networking was most to blame. we want to know what you think is the biggest time waster at work. send us your comments. you can tweet them at foxx frie fox friends first or e-mail at fox news@fox friends first. >> a popular tv show. surprising twist on how this drama played out. >> tensions rising on hannity last night. >> you are going to let the president accuse romney of being a murderer. you are going to allow him to be called a felon. allow him to say the republicans want -- stop. >> what had hannity all fired up? stick around you will find out.

>> suspected colorado massacre s suspect holmes showed no emotion yesterday. some can't even afford food or rent right now. the judge agreed to release their information so they can receive $4 million in it donations. democrats are hoping paul ryan's chief democratic adversary on the house budget committee can help repair biden for their debate. fox news confirming congressman chris van hall enof maryland will play ryan in debate rehearsa rehearsals. no word yet who obama will have replace biden. the campaign has everyone talking this morning especially fox's own sean hannity. he he was fired up against the recent attacks against mitt romney and paul ryan. >> top of the pick ticket. stop, joe. you know what's amazing you are

going to let president president accuse romney to be a murderer. >> the president didn't accuse him of being -- >> stop. you are going to say republicans want dirty air and water throw granny over the cliff and let the president say i never divided the country. >> the president never called romney a murderer. that was an ad. >> no his surrogates have. >> the romney campaign didn't -- >> they didn't call him a murderer. this is like the obama campaign or people like me say smoke and the romney campaign screams fire. they have been doing this for 3 or 4 months. >> the super pac ad he is referring to is a recent ad by the pro obama priority usa super pack that blames mitt romney for a woman dying of cancer. family research council in

washington we are seeing more and more attacks that appear to be politically motivated. is there a double standard in how the white how thes handles these types of crimes? for more let's go to katherine herridge in washington, d.c. >> the latest shooting in washington is raising new questions of how the administration defines domestic terrorism. >> he is charged with two gun related offenses for the shooting at the family research council the head of the christian advocacy group says the motive is clear. >> terrorism is designed to intimidate and drive people back and make them fearful. that is i believe describes what they tried to do yesterday at the family research council by suspension supporters christians across the nation. >> he was asked if a footishooty a gunman who didn't like their politics was a hate crime or something else. >> the fbi is investigating

whether the shooting amount the to domestic terrorism. earlier this month when the neo nazi military vet shot he said that was critical. >> that is what happened here an act of terrorism. an act of hatred. >> but when a military recruit am center was targeted by an al qaeda operative the case was handled in court with no terrorism charges. when 13 were murdered by a man who saidally akbar or god is great while opening fire he said it was handled in the context of workplace violence. >> we can have a discussion about whether it is a hate crime or act of terrorism i wish there was consistency. fort hood would be the classic case of what should be a clear case of terrorism. >> in some cases it may be easy to belief the suspect is guilty of murder rather than

ideological murder. calling the shooting workplace violence was an insult to every service member killed there. ainsley and patti ann, back to you. thanks so much katherine. 18 after the hour. it pays to have friends in high places. one of joe biden's buddies getting millions to start up a business. it's not even in the united states. this man leading a police case or a police on high speed chase with his wife and four kids in the car. the wild ride coming up. as we head to break a quick look this morning at prices at the pump. national average 3.72 a gallon.

>> welcome back. 21 after the hour. a major donor to the obama campaign getting $20 million tax payer money to build a luxury car dealership. get this. it's in the ukraine. the loan is from the federal government private investment corporation. he is ceo of winter automotive group he is also close friend of joe biden. julian assange applauding ecuador on twitter for granting him asylum. he may be celebrating all too soon. british officials say there's no way he is letting him leave without raying him. he has been hold up there trying to avoid extradition from sweden and also the united states on espionage charges.

anna kooiman here with a roundup of this week's medical stories. first up we have the pros and cons of prostate cancer screening. a new study is trying to show the pros like findi early diagnosis. if they never would have produced symptoms or threatened a life-span. treatments and side effects dwont any good. 130,000 men were tested and researchers did not come up with a yes or no screening and men should continue to consult with their doctors over whether they should have these. some people might be immune to dementia. >> you may be able to check your family tree to see how vulnerable you are. scientists say people who are de mention free have a high profile of c reactive protein and they

are also less likely to have relatives with the brain wasting disease. the researchers found higher levels of protein a participant has the better his or her own memory as well. researchers will be using this information to hone in on treatments or even possible cures for alzheimer's and dementia in the future. >> how to make a smarter smoothie. >> it can ab great way to pack a lot of nutrition into one meal. if you are not careful you can be adding a lot of sugar as well. we have great suggestions on how to make something nutritious and delicious. use fruits like pineapples berries peaches or mango. skip adding honey or ago gav vay because it is adding sugar. keep yourself satisfied and full by plopping in protein. good options for that greek yogurt and weigh protein counter. you can add coconut water that will help ward off dehydration

cramps or put almond milk in there to make it smoother. freshless is best but there are options to shake it up, too. this one has 115 calories and 10 grams of sugar. you need to watch the calorie count get all of the fruits and vegetables in a day in. check it out. >> i think i am going 206 -- to have to have one for breakfast. >> 25 after the hour. still to come a republican congressman blasts the fbi for letting anwar all alaki walk. >> it was shock and awe on the tv show. the twist on how this drama played out. on this day in history michael phelps became the first person to win 8 medals in the olympic games. that was just the beginning. with the spark cash card from capital one,

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the obama administration. >> welcome back to fox and friends first. i am ainsley earhardt. i am patti ann browne. >> i was wondering where he was going to go with that. that was funny. >> the top five stories making news at this hour. fox news learning exclusively republican congressman frank wolf for letting the fbi let anwar al-awlaki walk away from an arrest warrant. he was detained at the airport because there was an active warrant for passport fraud. he had contact with two of the 9-11 hijackers. the warrant was too weak. congressman wolf now demanding answers about the fbi's rational for that release. >> a deadly series of shootings in louisiana leaves two deputies dead and two in the hospital. the first incident shows deputies shot in a parking lot 25 miles west of new orleans.

shorely after a group went to a nearby trailer park to follow up on a lead they received about the first shooting. that is when they were ambushed by a man with an assault rifle. five suspects have been taken into custody. the two are being treated in the hospital. the u.s. could be sending thousands of troops. if his regime falls the u.s. might put at least 50,000 troops on the ground there. the u.s. wants to keep those weapons from getting into the hands of terror groups. >> a husband and wife lead police on a high speed chase with their four children in the back seat. the whole thing starting when dear old dad was pulled over and decided to make a run for it. >> put your hand on the window. don't move. >> robert hill is high tailing

it back to his mini van after being pulled over on suspicion of drunk driving. he swerved at 115 miles per hour before troopers spiked his tires and raised him. his wife sobbing to police. >> he ran from police he says because he had a record. now the record is even more extensive. luckily nobody was hurt. hill's children are now with protective services. the boardwalk is on fire. >> holy (bleep). oh my god. >> oh my god. >> no need to panic. it was all staged it was an explosion on the set of hbo's boardwalk empire. the explosion was filmed in brooklyn. crews say it was easier to build the mock boardwalk than to use a real one. those are your 5@5:30. >> they still seem surprised,

though. >> i know, right? >> mitt romney bringing the heat to harry reid over reed's claim romney hasn't paid taxes for years. peter dues see live with more on this. good morning patti ann. the majority leader of the senate harry reid of virginia said recently the reason governor romney doesn't want to release any additional years of tax returns is because he didn't pay taxes for ten years. romney said yesterday in south carolina that's just not true. the fascination with taxes i paid i find to be very small minded compared to the issues we face. in the last 10 years i never paid less than 13 percent. the most recent year 13.6 or something like that. i pay taxes every single year. hair reed's charge is totally false. senator reid the senator

from nevada. he said the 13.6 number refers to federal income taxes. despite specifics senator reid is not impressed. a spokesman said we will belief it when we see it. americans will continue to wonder what he is hiding. romney thinks he plays by another set of rules than any other presidential candidate. also lives up to transparency by mitt romney's father. >> some americans allow loopholes they said a deeper source told him what he is waiting for right now is for senator reid to reveal who told him that and what they told him. he doesn't believe it for a minute. live in washington. thank you.

time to take a look at who is talking. jay carney defending joe biden. >> he was pressed by the recent gaffes by the vice president leading him to shoot down any speculation biden might get released on the ticket. >> to say the vice president's comments about putting people back in chains is xafrn of why they were placed on the ticket. >> one is they know that what they are saying about this is ridiculous. the vice president is clearly making as he repeated later. if they are able to by taking control of the white house they will immediately repeal wall street reform. the point was obvious to everyone in that room and every republican is making that charge that's what the vice president is talking about.

>> the vice president keeping under fiery pub cans would put americans quote back in chains. before you leave the house this morning janice dean. >> good morning. we are dealing with a cool down across the upper midwest and great lakes. this is good news it has been very warm and dry. we are getting cooler air into this region. 64 minneapolis 48 in rapid city 6 # 1 in kansas city. we are going to see temperatures on the rise across the west. so much that we have heat warnings up for parts of the northwest where you typically see temperatures in the low 70s as a daytime high. we will see temperatures almost 1 shun degrees. they will start to break as we head into the weekend. quick look at the radar showers and thunderstorms across portions of mexico.

back through the central plains along that front ahead of that front that's where we are going to see showers and thunderstorms even perhaps a slight risk of severe weather. your travel forecast today boston looks pretty good. we could see afternoon thunderstorms as well as philadelphia looking good from atlanta down through los angeles. a look ahead to new york city. we could see scattered thunderstorm here or there. dc as well. certainly call ahead before you head out to the airport. >> happy friday. >> it is cooling down. fall is in the air. >> i am ready. >> i am ready for the fall sweaters. >> we are, too. it is time to entertain this. lady gaga's body guards take quick and powerful action on an aggressive fan. gaga walking through her hotel when a guy looking for an autograph comes running through a revolving door and heads straight for her. he was quickly taken down by this body guard.

>> iron man 3 after the iron man himself gets injured. >> he hurts his foot performing a stunt stopping production for a short time. the movie set to be released this summer. >> are you ready to rock? >> takes you back to college doesn't it? you are listening to lynn nard skinnard. they are here getting ready to perform for you. they are part of our all american summer concert series later on "fox & friends". still dark outside. now your starting lineup. sports stories making headlines at this hour. bobby valentine's job is safe at least for now. he says valentine will stay at the helm for the rest of the season. several players went to

ownership about valentine. the finalist has checked into rehab and will not play football or go to college this season. the back was kicked off lsu's team. it was for violating the substance abuse policy. most golfers can dream about landing a hole in one. he hit two in one round. he pulled off the feat in texas. the odds of two holes in one in the same round 67 million to 1. >> it is 39 after the top of the hour. coming up they may think they are matlock but those celebrating in court end up creating some of the most bizarre cases on the docket. we are going to have examples for you. >> maybe it's better to stay inside. this supporter struggling to stay attached.

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>> headlines overseas first in iraq. a deadly day of violence claims the lives of at least 70 people. the deadliest explosion killed at least 27 outside of a cafe as muslims prepare to feast in celebration of ramadan. no one claimed responsibility for the attacks. a reporter covering a typhoon flakes a roof and herself so she can stay standing. they gave a rope to her and told her to stay close. this baby asian elephant was born last weekend weighing in at 353 pounds and over 3 feet tall.

>> oo thanks patti ann. going at it alone. a 5th are from people filing suits on their own without representation. that makes for interesting and bizarre cases. joining us now is criminal defense attorney he has seen it all. fox news legal analyst arthur ad aidala. i want to set these up then i want your reaction. this guy suing the city because he says terrorists are going to target trains and subways. he wants the city to provide gas masks to everyone who rides the train he wants the government to have 500 thousand cans of chef boyardee available and wants scales to weigh people for some reason. >> after september 11th a lot of people especially those who ride the subways are nervous there is going to be an attack. a lot of these cases people who

suffer from mental disease's defect. they are not hurting any one they are just clogging up our system. not the worst idea of all of the cases you and i looked at the lawsuits, prefl louse lawsuits. a younger lawyer looked at these things. they write a paragraph memo to the judge. the city of new york is not going to get a metrocard and gas mask. >> they make chef boyardee with tuna. it's good. >> it is a little scary that you know that. you can move on to the next case. >> mauro scott lives in the bronx. he has been jailed back in 2010 on charges of sexually abusing a woman in a gym in harlem. he is a convict. now he is suing the city because he wants to copy write his name.

the city can't throw out his name suing the police officers for $195 million. it was that much up with bill gates and mike bloomberg. i cannot tell you how much mail i received from prisoners on a variety of different topics from i am here i didn't do anything wrong, shot the guy in the back 25 times it was just self defense to things like this. the system is made so common citizens can file lawsuits if they think they have a claim. there really is no punishment at all for filing a prfril louse claim -- frivolous flames. >> pay 350 bucks. >> that's the only stopgap is paying that money. we don't want to have that money so high that a citizen with a real claim can't afford it. we don't want to have it so low

so everybody could clog it up. >> last case, this lady in california said she came up with this business idea. she named it "the company" an education web site. now she is suing president obama every state in our country and every city in our country said that we all have stolen her concepts. >> i think she also sued president bush. >> 15 times unsuccessfully. >> these are federal lawsuits these are what are supposed to be the most important ones in the line. unfortunately this gets cute we try to get them out of the system as fast as possible. >> good job. very bizarre. >> it is now 47 after the hour. bill clinton meets bill clinton. a president and a child whose name he inspire. patti ann? >> question of the day a new survey suggesting the biggest time waster at work in gossip.

>> what is the biggest time waster at work? we will have some of the e-mails next. check in with steve doocy see what's coming up on fox and friends. >> wasting time playing solitaire on my phone. kelsey grammar he's the boss and he's here live. judge jeanine pirro and lynn nard sk -- lynn arred skinnard.

>> 8 minutes to the top of the hour. one miraculous story out of all of the devastation in the western part of our country where dozens of wildfires are still burning. take a look at this. house in washington state surrounded by flames. you can see them moving all around that beautiful house there. the next day the same house still standing. it the rest was charred. former president bill clinton and the baby named after him in uganda. this was 14 years ago he was born. now a teenager. the younger bill clinton was born the same month the former president visited the country. >> a carriage horse breaks away from the driver and tags them in manhattan.t live outside central park.

outside,6(6,4,4 sen pral(6 tark is fairly deserted now but image how many tourists and traffic was here yesterday happened.20 when this (6 it could have been so much worse. a witness told us after the horse named oreo got spooked his driver tried to restrain him. the driver was unsuccessful and other yo dragged t -- oreo drag the passengers. a husband and wife inside the carriage. hit one vehicle as he galloped through the streets of manhattan. he burst free from the carriage and sent it toppling over with passengers still inside. police had to eventually traing lies the horse and the horse is doing just fine. bate again the de about whether horse drawn carriages be long in new york city. not if the horses were would here their lives others say the treets are too dangerous for horses to be working on. a quick update on the

passenger and the driver of the horse. damag passengers suffered minor injuries a leg injury and the horse minor scrapes and bruises. that's the latest robert moses fox news. >> thank you very much. >> we asked you to brew on this. the biggest time waster at work is gossiping. those annoying software updates and computer glitches. >> over 300 nonexecutive workers who took part in the survey said 5 percent of the social networking was to blame. we wanted to know what you think was the biggest time waster at work. kenny wilkins being required to attend unnecessary meetings in which you are not a stake holder. >> and ricki her shall from paris, tennessee the biggest time waster the paperwork. >> cell phones and personal drama issues. thank you to everyone who responded keep the comments

coming. what do you think it is? >> i think the internet not necessarily social networking but everything people do they are looking at all kinds of things during the day. sports web sites and on-line shopping like i said. what about you? >> i would say the printers. you know we have a lot of computers. lots of computers in our newsroom. no print theirs frustrating. a tough lesson learned for an nfl rookie. don't lose the keys. >> can you figure out the word of the day? stick around for the answer.

>> it is now twos to the top of the hour. we look at the good, bad and ugly. first the good. 15 people in mississippi rushed to help two women in a burning suv. they freed both women .

the driver is in stable condition and the sister suffering minor injuries. next the bad a flight forced to land in new york because of a landing gear problem. the plane bound from rome, italy had to be diverted. and the ugly. panthers rookie. learning the hard way never to lose track of his keys. they filled it up inside with shipping peanuts, those white things we all hate. it is time to get scrambled up. we have gretchen carlson and arthur here. >>um,um. come on arthur. >> what is