good morning to you. i am heather nauert. it is tuesday september 20th. thank you for watching "fox & friends first". time now for your 5@5:00. he was once considered a real threat to america. now intelligence sources tell fox news a former gitmo detainee with direct ties to al qaeda and of the 9-11 attacks likely led that deadly rampage on our embassy -- rather on our

consulate in libya. four americans died including ambassador chris stevens. they released ben cue mu back in 2007 and sent him to libya under this condition, that he actually stay in jail there. he was released by the kwad gadhafi regime. the national terrorism association said it is not clear if it was than afabbing. fox news says two white house staff members are connected to the prostitution scandal in columbia. revealing two members of the advanced team checked in prostitutes at overnight guests of their hotel. the official also saying quote we knew very early white house staffers were involved but the white house claimed in april no staff members were involved.

there is concern an official report on the incident still has not been released in an attempt to alter it or conceal the role of those involved. >> in colorado the accused shooter james holmes is facing 10 new charges. he faces 24 counts of first degree murder and 116 counts of attempts murder. they are fight to go get access to a notebook that holmes sent to his psychiatrist before the shooting. it contains violent descriptions that may foreshadow the attack that left 12 dead and 58 others injured. holmes lawyer says the notebook should be withheld because of a doctor patient confidentiality rule. >> turns out only journeying zimmerman's dna is found on the gun used to fatally shoot trayvon martin. the findings could undermine zimmerman's self defense claim.

he told police martin went for the gun and the tests prove martin never touched the grip of the gun. but they weren't inconclusive as to whether he may have touched the holster. space shuttle endeavor touches down in houston, texas and will make another pit stop before moving on to the new home in california. it is riding on the back of a 747. delays from leaving the kennedy space certainty cut the shuttle stay in houston by one day. that is your 5@5:00. the long-awaited report on the fast and furious operation slamming a range of federal agencies for failing to stop the botched program and having quote disregard for public safety. two justice department off fish hales now gon-- or officials no gone. >> this report calls out more than a dozen folks.

one of the officials blamed for the failure of fast and furious in the 100 page report retired when it came out and another resigned. toerp general holder is not blamed in any way. there's no evidence mr. holder found out about it used in the gun runling ing. those before him should have told him. it is unfortunate that some were so quick to make baseless accusations before they possessed the facts about the operations. accusations that turned out to be without foundation and ended up causing a great deal of unnecessary harm and confusion. but the chairman of the house over site committee, carol issa is not done with the office. they are blaming both holder and a chief of staff for a critical

breakdown of information. he promises to keep putting pressure on the attorney general. one of the critical tepeopl in his office required to brief him hand picked by him resigned today. it is still only the tip of the iceberg. he didn't ask the questions didn't read the memos up and down the chain the people that worked for him the political appoint tees responsible for him failed to do their job including denying reading wiretaps and they were responsible for signing. chairman ice saw's office also says yesterday's report confirms their claim that the president's assertion of executive privilege that connects the documents to the fast and furious is quote troubling. it takes full responsibility toward failure to exercise

leadership. moving on to the 2012 presidential race it is time for a look at who is talking. karl rove is breaking down some of the fox news polls. >> this is interesting. he was talking about the 1980 presidential race. rouge was telling bill o'reilly that there was enough time for the campaign to change. fox news came out and has president on three key states. virginia 50-43. if that's true and that holds then the governor loses, correct? >> we a plethora of polls. >> you know how many polls have been there?

83. we have to be careful about reading too much into the polls. in mid september 1980 ronald reagan with double dig get interest rates. by mid october reagan dropped one point to 39 and carter had rinz 3 points to 37. as we all know it turned out a big blowout. >> dick morris is also talking this morning he's responding to the criticism that mitt romney is facing this week with the 40 percent of americans likely to vote for him. despite what some are saying he is saying it could work as a positive for the presidential hopeful. >> it is not a rough week for romney. the media loves to paint something do it out of proportion and then yell gaff, gaff, gaff and try to make a story that romney is screwing up. the fact of the matter is at the beginning of the week he was

still suffering from the democratic bounce. by the middle of this week monday and tuesday he had caught off the bounce is over. now he told the truth about the 47 percent first one with the guts to say it and the media is assuming that's going to be a big negative. i think it may be a positive and inject welfare into entitlements. the crisis abroad is going to sap obama's credibility on what had been his strength. more on that through the show this morning. look at the map right there? >> ladies, this is the last official week of summer. the warmest temperatures still summertime if phoenix 83

degrees. 51 in minneapolis 59 in chicago, 64 in kansas city. frost and freeze advisories northern new york up to new england. taking a look at the satellite radar system moving across the great lakes. that will bring a few showers and/or a thunderstorm. we are not looking for snifr weather. then the shower and thunderstorm activity continues across florida. that's really the only game in town. the rest of the country very quiet. towards los angeles really nice temperatures. you should have no problems if you are traveling to the airport. >> thank you very much. there's two of you even when there's not. stories you can bank on this morning. there are signs the worst may be over for the economy.

here to break it down for us is lauren simonetti for the fox business network. this is good news. >> new sense sus data shows while unemployment is way too high and home ownership is way too low there is a bright spot. more kids are leaving home trying to get a job. poverty is slowing down even though there are a record on food stamps now. more babies are being born that means mom an dad have to be a little more optimistic. all is proof the recovery is happening. more people moving to new homes. 12 percent may move. coming up next, richer americans are getting richer. >> the richest of the rich. >> forbes is out with the lathes of the richest americans. the top 400 saw growth 13 percent $1.7 trillion. that's an 8th of the size of the entire u.s. economy. it works out to be a cool 4.2 billion each. bill gates as $66 billion.

warren buffet tops out the round three. mark zucker burg he was the biggest loser. his wealth cut in half over the last year. >> i think the loews total is 1.1 billion. >> cry me a river on that one. >> something i have never eat teen, five guys burger. the best burger. >> the best beef in all of the burger joints in the country. market force survey says five guys is indeed the best burger. they don't do any advertising. we know the president loves it. word of nomouth is their way. popular on the west coast followed by if you had rucker, a and w, smash burger. >> i remember about fuddruckers. >> maybe have a burger for lunch. time now is 11 minutes after

the hour. they are left hanging for hours on this ride. ainsley earhardt is here to tell us how it played out. if you plan to take an american airlines flight you may want the backup plan. that is because your flight could be one of hundreds canceled. a quick look at the morning's prices at the bump. national average is 3.85 a gallon. ♪ [ male announcer ] this is the land of giants. ♪ home of the brave. ♪ it's where fear goes unwelcomed... ♪ and certain men... find a way to rise above.

this is the land of giants. ♪ guts. glory. ram.

>> good morning. it is quarter past the hour. a massive riot breaks out in a california state prison

involving about 60 inmates and th forcing inmates to fire into the crowd. 12 were shot and others sent to the hospital for wounds. the two airlines will now cancel 300 flights this week alone. that's because a whole lot of pilots are staging a sick out. that's when a group of people call in sick in order to force something to happen. this happening after the company won core permission to altar they are contracts. the pilots upset about that. thrill seekers with some fun. it ended up spending nearly 4 hours hanging 300 feet up in the air. can you image? ainsley earhardt joins us with those details.

what happened? >> it is called the wind seeker. it will lift you up 300 feet into the air about 30 stories high. usually spin you around at a 45 degree angle. that did not happen yesterday afternoon. riders were lifted into the air and they did not come down as expected. park officials say a malfunction caused that to kick in leaving the riders hanging mid air 300 feet high. the 20 riders were left with no choice but to wait and to wait and to wait. while maintenance crews work to do free them. very tense moments for them and their loved ones on the ground. >> the whole time i was praying and worrying and worrying hoping they were going to come down soon. thank god they came down safely. >> when i touched the ground i

felt like laying on the ground. >> the reason we were on there is he was trying to get me over my fear of heights. so when it stopped, i had a real hard time. i think she is more afraid than ever. >> they were on the ground nearly 4 hours later. it's not the first time the wind seekers stalled. riders were stuck on the ride in the air just two weeks ago. the park said the ride is now closed and it will stay that way until they can determine the problem here. heather, back to you. >> can you image? it would have been a total panic attack. >> probably not going to come crashing down. >> now it is time to brew on this. here's what we would like to you brew on today. >> mitt romney knows exactly

what to focus on since the first presidential debate. the 90 minute debate. we will have three sections on the economy and one each on healthcare. the hoel of government and governing. town hall format working on foreign policy. here's what we want you to brew on today. if you ask the candidates one question what would that question be? >> you can tweet them to us at fox friends first or shoot us an e-mail at fox friendsfirst@foxnews.com. you can read them later in the show. with three company that is are now hiring. >> and rice long considered part of a balanced diet but could it actually be hurting you? we will take a look at that coming up.

welcome back. 22 after the top of the hour. could rice be killing you? shocking research finds there are quote levels of arsenic in rice. they tested a wide range of rice and rice products and says if eaten once a day it could drive arsenic levels up by 44 percent. scholars questioning the jesus head wife. it does not look authentic. the harvard professor who found it now planning ink tests to end any suspicions. weekly jobless numbers are out. we want to keep the numbers low. for job seekers who may have

given up hope we are back with three companies hiring now. checkers we know them for their burgers they are looking for a bunch of managers. >> there's a few things. we have 450 jobs open right now. yes ks you are correct. they have double drive-thrus. they are going to be opening up 28 more restaurants. but from now to the end of the year really they are looking to expand in pennsylvania and massachusetts new york, michigan, illinois, florida, georgia. the pay depends on what you do. team members can make minimum wage shift managers 9-11 dollars an hour. general managers can make 40-45,000 dollars. if you need something in the meantime if you are looking for people that are giving up there are jobs to get through in the meantime. funding of a job in the meantime. >> to help pay that mortgage certainly. >> party city. >> they could turn into long-term employees. >> 20,000 employees for party city. this of course is halloween.

halloween is coming then we have the holidays. 10 percent of these jobs will become a full-time 750 locations. permanent full-time associates do get benefits, not full benefits but decent benefits. >> we are seeing this as baby boomers where people need assistance they don't want to go into hospice or a nursing home that has a bad connotation. this type of business has been growing now. i had a few of these. 60-80 employees needed right now. salary 30,000 to 60,000. every job has benefits. you can be a care giver a care coordinator a networker, a manager. these are types of jobs you don't have to be a nurse. huge nursing shortage in the country as you are well aware. this is a different way to play the healthcare industry growth. what about nursing?

i want to stay in the home. >> if you are a family member across the country who needs help eating bathing that can be helpful. >> e-mail us at fs job hunt@foxnews.com is the show's e-mail. if you have jobs available or if you have been successful in the job hunt. >> you can catch cheryl at noon on the fox business network. find out where the jobs are log on to the casone knee exchange.com. 26 minutes after the hour it was not how the plan was originally sold to all of us. americans are expect to do take a big hit thanks to obama care. atheists trying to ban prayer before kickoff at one university. that school is now taking that group on, head on. but first on this day in history back in 1975 bruce springsteen released his hit "born to run." not 19875, guys.

1985. with the spark miles card from capital one,

thor's couture gets the most rewards of any small business credit card. your boa! [ garth ] thor's small business earns double miles on every purchase, every day! ahh, the new fabrics, put it on my spark card. [ garth ] why settle for less? the spiked heels are working. wait! [ garth ] great businesses deserve the most rewards! [ male announcer ] the spark business card from capital one. choose unlimited rewards with double miles or 2% cash back on every purchase, every day! what's in your wallet? [ cheers and applause ] >> here's some election news during a fundraiser with jay-z last night. he and the wrapper have a lot in common because their wives are more popular than they are.

while jay-z said they have a lot in common because neither one of them has a plan to fix the economy. >> welcome back to "fox and friends first. i am heather childers. >> i am heather nauert. it is half past the hour. the top five stories making news at this hour. we begin with a scathing report blasting the justice department for showing disregard for public safety. jason weinstein a deputy assistant attorney general resigning in the wake of the report. it says he was the heist ranking employee that could have stopped the program but didn't. former atf acting director also retiring. he was faulted for not asking enough questions about the operation. house oversite committee chairman darrel issa says the report shows eric holder also shows dig can't blame. >> the fact is just because you

are not convicted doesn't mean you are vindicated. holder didn't ask the questions didn't read the memos and up and down the chain the people that worked for them. the political appoint sees failed to do their job. >> 14 officials were sited for sticking to wrong doing. >> there are growing calls this morning for the justice department officials who is in cahoots of the media matters the group trying to destroy fox news. the public affairs director tracy shaler cal looting with those trying to attack reporters for struggling with the doj. 90 minutes after a fox news report of the botched fast and fewer russ operation she wrote a letter do you see this? completely false. wide receiver and hernandez

launched under george w. bush put this to a by there's lots of coverage of previous bush operations. republican congressman says the house over site committee will investigate that collusion and also media matters tax exempt status. talk about a regulation nation a brand new study revealing the cost of new regulations under president obama a whopping $488 billion. the american action forms analysis 70 billion from this year alone. kierding to the study is helping human services which has nearly $17 billion in regulatory costs. >> atheist groups won't silence tennessee school from saying prayers. the organization sent the complaint to stop the longhanding tradition before football games. the chance lower says the prayers are protected by the u.s. constitution and will still

happen. >> he spent more than 5 years in prison for a crime he did not commit before being exonerated. >> with this new found freedom i promise you and i swear to you i will do great things. >> now brian banks will get that chance. the former high school football star will finally get to play pro football. in just a few hours he will be introduced as the newest member of the las vegas locomotives in the united football league. that is your 5@5:30. now to a major fox news exclusive. al qaeda is now being linked to the attacks on the u.s. consulate in libya that led to the deaths of the ambassador and tlae other americans there. doug luzader is live for us. >> this is a big deal. u.s. intelligence sources tell fox there is not only a likely

al qaeda tie but detainees at guantanamo pay may have been behind the attack. the u.s. consulate in libya in ruins and four americans dead including chris stevens. one man in particular may be behind the attack. he was released from custody from guantanamo bay back in 2007. he was supposed to be in libyan custody but that did not last long. john bolton says there was an intelligence breakdown. >> i think people need to know what happened. there was a massive failure. you can't have four dead americans and not attribute it to failure. that comes from the statements about the attacks have been changing. at first what happened in libya was seen as a spontaneous up rising anger over the anti muslim movie trailer released by a u.s. film america.

that was a tough sell considering so many of the demonstrators came bearing heavy weapons. a top administration counter-terrorism official seemed to be telling a different story. >> whether you would say ambassador stevens died as a result of a terrorist attack. >> certainly on that i would say yes. they were killed in the course of a terror attack on our embassy. >> the white house was asked again on this question they still see no evidence of a planned attack. heather and heather back to you guys. >> nice to have you in new york. stop in and say hi to us later. time for another look at who is talking this morning. the link between al qaeda and the attacks on the u.s. consulate in libya is what rudy giuliani is talking about this morning. >> as we reported the administration is saying they

believe this attack was quote spontaneous. but the former new york city mayor telling sean hannity why he thinks they went that route. >> i think this is an attempt by the administration, the whole weekend with susan rice and the people that were on television this is an attempt to spin your way out of this. i think they wanted a narrative they copied al qaeda the al qaeda was feeted the killing of bin laden meant the killing of al qaeda. that isn't true. al qaeda is extremely dangerous there are related terrorist groups even more dangerous. now they took their eye off the ball. they don't want to be accountable for anything. >> giuliani says this was a planned attack and planned in advance. >> well before you leaf the house this morning it is time again to get the first degree weather forecast with janice

dean. your giants are playing my panthers tonight. >> go giants. >> go panthers. fair and balanced this morning. >> take a look at some of the temperatures slowly starting to creep down from our friends in canada. it will be fall this weekend officially. thursday, friday last time to get the summertime fun in. you can see the cooler temperatures getting in from the great lakes and northeast this is what we are going to see for the next several weeks and the next several months ahead. highs today cool across the northern peer but very warm across the south. dallas 93. looks at phoenix. 105. at least 10 degrees above where they should be this time of year. if you still want sum ir timert head across the west. satellite imagery not much going on. a little bit of shower activity across florida. otherwise a great looking

forecast for this thursday. go panthers go giants. >> we will place some bets and talk about it. thanks, janice. >> 38 after the hour. starting lineup of sports stories making headlines. floyd may weather will have to show manny pacquiao the money. may weather has to pay more than 113,000 dollars for failing to give a deposition in a defamation lawsuit. pacquiao used performance enhancing drugs. giving them 200 hits for the lou gerhig franchise record. they swept the double header. milky cabrera could still win one of baseball's pop honors this year. bud selig is unlikely to interfere if he wins the

national league batting title. cabrera leads with the average but has a 50 game suspension for doping. steping into the fox light. up first lindsay lohan. trouble seems to follow her wherever she goes. i feel bad for her. >> lindsay, lindh is a. they gave the 26-year-old a ticket when she hit a pedestrian with her porsche and left the scene. now surveillance video might show the victim is exaggerating his story. the surveillance video at the very he most shows her car brushing up against this guy. we are told that the two detectives who saw it were split. one thought she made no contact with the guy. the victim a chef told cops she wreaked of alcohol and was slurring her words. her blood alcohol was never checked at the scene.

her publicist released a sament saying this is much adieu about nothing. it cwill be cleared up and the claims will be proven untrue. >> the chef could be in big trouble. >> shash kira shakur raw. >> singer shakira is pregnant. she said it on facebook. this will be the first child for her and her boyfriend they started dating last year. she will be on "the voice" as a coach. >> she will take some time to spend time with her family. >> guy flicks coming out this fall. >> a lot of movies. whole heap of action packed movies. one of them is end of watch. >> tug on the tail of a snake turns around and bites back. >> jake gyllenhaal played a cop

followed by the drug cartel. they made a shocking discovery after a traffic stop. then there's a sci-fi thriller which comes out next friday. >> the only rule is never let your target escape. >> this one looks really cool. >> actor plays the role of an assassin who tries to kill bruce willis. >> ar co hits theerts. he directed and produced the film. 1979 iran hostage crisis. >> any flick with jake gyllenhaal is not just a guy flick. >> sign you up, right? >> my favorite real housewife or used to be jill zarin what is she up to? >> she delivered sass on the real housewives of new york city. now on abc and new on the shape wear jill is a woman on the go.

first she took time-out to step into the fox light. >> after housewives i got so many opportunities. this summer i have been on good afternoon america weekly. talking about life and good stuff and whatever they want to talk about. >> reality correspondent. >> whatever. whatever the topic of the day is. >> whatever. >> you can catch my entire interview with jill at fox news magazine.com. for all of the latest celebrity buzz check me out on twitter. >> thanks for keeping us up to date on what's going on in hollywood. >> thanks for having me. >> the time now is 43 after the top of the hour. coming up add a few million more people to the list. why obama care is now set to hit many more than expected. she first made headlines when she was charged with child endangerment for sneaking her 5-year-old daughter into a tanning bed. now the tanning mom with an ironic change in lifestyle.

and retirement specialists can help you build a personalized plan and execute it with a wide range of low cost investments. get a great plan and low cost investments at e-trade.

>> time now to span the globe. what stories are making headlines overseas. we begin in mexico. some reports show the 131 prisoners who broke free earlier this week walked right out the door. a judge put 16 jail employees under house arrest. including the prison director. with it was an inside job. police raided the officers. he took the topless pictures of kate middleton. while they searched for evidence more intimate photos were taken this time by a swedish magazine. a man pulled off quite a stunt. he dragged a 40 ton train more than 8 feet by his hair.

he is already accomplished for pulling trucks and buses with his pony tail but there is one goal left making him to the guinness book of world records. that's shocking. >> put this on your list as we have things to do. >> if you can't accord health insurance you are certainly not line. analysts say they will be hit with big big fines won the animal care act is signed. >> good morning heather. congressional budget office is estimating nearly 6 million americans most of them in the middle class will face a tax penalty for not having medical insurance for the healthcare overhaul law is fully in place. that is higher than the 2010 selection it goes against the president's promise not to raise taxes on individuals making 20,000 a year or couples making less than 250,000.

80 percent of those who will face the penalty will be individuals making 60,000 a year or up to 115,000 for a family of four. the average penalty will be $1,200. the estimate is due to things like higher unemployment, lower wages and effect of new federal legislation. the mandate requiring every u.s. resident carry health insurance or face a tax penalty kicks off in 2014. it will raise 6.9 billion won full effect in 2016. diane macedo from the fox business network. >> it took place during a live traffic report. we will show you how this one ended coming up next. >> it is the last chance to answer the question of the day. the first presidential debate revealed. if you ask the candidates one

thing what would it be? >> check in with brian kilmeade to see what's coming up on fox and friends. >> what would i ask? >> about the presidential debate. >> i would ask president obama if he needs a pillow. i worked on snl that's what he will probably get. i have to tell you what's coming up on the show. al qaeda a mastermind gitmo did he actually mastermind the operation that killed our ambassador and three others. nbc hits a new low with their background checks. michelle mal pin will be here live, frank luntz will be here. jewel will be here a great singer and now a children's office. juliana will be here talking winning the apprentice and how often he talks about that. pierce and james buchanan don't miss it.

>> remember the tanning mom? she has a new youtube series healthy skin. back in may she denied allegations she sneaked her 5-year-old daughter into a tanning bed causing a slight sunburn. news for fans of stephen king. >> here's johnny. >> that's kind of scary in the morning. it helped stephen king write a sequel to the shining. it made with jack nicholson. it is called doctor sleep. it will be published 36 years after the original. >> it's a long time. >> with the presidential debates around the corner.

earlier in the show we asked you to brew on this. if you had the opportunity what he canned. how will you work to break the gridlock? >> kevin would ask mr. president since you had so many great ideas for your second term why didn't you use them through your first term. >> kim's question is simple, how fast can you move in? >> thank you to everyone who responded. keep the comments coming through out the morning. a routine traffic stop turns really ugly. itth one is caught on camera. >> can you figure out the word of the day? there it is. stick around for the answer up next.

♪ >> two minutes until the top of the hour as we look at the good, bad and ugly. first the a seven year old

girl is helped by the police. and she kicked and hit the man until he let go of the four year old boy . he was later caught by police. up next, the bad. the dog is on so over weight he can barely walk . he was rescued by an oregon woman who put him on a strict diet. and live traffic report. >> expect delays. that left lane . he just got whacked. >> you can see one car slammed boo each other. and catching everyone off guard . no word of injuries . it is time to get scrambled up . look who else is there . doug lusader here to help us out. >> steve: doug, you are the