a>> good morning. i am heather childers. >> i am heather nauert. good morning. it is friday september 21st. the top five stories making news at this hour. nearly 3 years after it began the surge of u.s. troops in afghanistan is now ore. the additional 33,000 members of our military now out of the country. the surge did accomplish it's objectives of reversing the

taliban and increased the afghan national security forces. they have 68,000 american forces in that war zone. it is a transition that is threatened by the spike of insider attacks killing troops and nato forces. the botched fast and furious investigation far from over. there are 1300 guns still unaccounted for in mexico and the u.s. many ak-47 assault rifles. two weapons linked to the flawed program were found in the shooting of a border patrol agent. >> the -- night ditching his joker costume. he seemed to pay attention and even smiled as prosecutors

temporarily dropped their fight to get access to the notebook that holmes spent his si psychiatri psychiatrist. if he uses mental health as a defense they will have to let prosecutors see that and other files. the notebook contains violent prescriptions of that attack. >> there is ap brand new report that shows the number ofable bodied adults on food stamps doubled thanks to president owe bam paw's stimulus lou. it suspended a rule that limited the amount of time that people could get food stamps without working or training. the number of able bodied adults on food stamps surged from 1.9 million in 2008 to 3.9 million in 2010. the report comes as the house voted to prevent the white house from eliminating the work requirement for welfare. >> house speaker john boehner putting aside politics to help nancy pelosi get the job done. president lawmakers kicking off the construction of next year's

inaugural stage in washington. pelosi having difficulty hammering in the nail. she keeps hammering away. look at this right here. can't get the job done. boehner steps in and saves the day. he is able to do it with one quick hit on the nail. >> bipartisan support there. >> a major change in tune for the white house after days of denying it the. the administration is calling the attack of benghazi the work of terrorists. >> after avoiding the term terrorism they changed their position on what happened on 9-11 at the consulate again ben. it is self evident what happened in benghazi was a terrorist attack. the embassy was violently attacked and the result was the

death of four americans. they were ter tore attacks by militants with possible links to al qaeda. an hour after that mr. carney said this down the street at the white house. >> based on the information we had at the time, we now we do not yet have indication that it was preplanned or pre-meditated. there is an active investigation. if that active investigation produces facts that lead to a different conclusion, we will make clear that that is where the investigation has led. self evident terror attack is also a different term than we previously heard from the u.n. who sang a different tune on five sunday shows this week.

>> the best assessment we have today is that in fact this was not a preplanned pre-meditated attack. >> i am not going to put labels on this until we have a complete investigation. okay? >> you don't regard it as an act of terrorism? >> i don't think we know enough. >> all this news came a day after fox news learned exclusively a man transferred from guantanamo bay prison only to be released three years later my moammar qaddafi was involved in the attack. >> thanks peter. now a look at who is talking. administrati administration's handling of the middle east and the air rap world was the former new hampshire governor john sin fknw knew is talking about. >> talking about the current situation overseas. >> what is wrong with this administration has been encapsulated completely in what

has transpired ore the week. this administration always wants to blame someone else or something else. they have no capacity for understanding that they have failed and where they have failed dramatically is with foreign policy. he took the prize 6 weeks or so after he came into office and let it go to his head. his foreign policy was going to be based on the charm of barack owe bam paw. he goes overseas tries to ingratiate himself by apologizing to the u.s. he reroads all of the respect of the u.s. which is necessary for stability. what is happening in the world today is because the foreign policy of barack obama is an absolute unmitigated failure. >> sticking with that thought the state department is spending

70,000 dollars on television ads airing in pakistan. the odds feature obama and clinton denouncing the film made in the u.s. but not by the u.s. government. >> many criticizing it's a sign of weakness and another example of the president's apology tour. last night on hannity sarah palin took on this. >> in the midst of the apology tour we see our embassies in the middle east under siege. if the fearless leaders plan oon waving the white flag no more blood no more u.s. treasury spent not one dropped if those in control of our troops lives and our tax dollars going into things like this are going to cap pit late apologize for a first amendment right of ours

freedom of speech our troops are fighting for. sean the commander-in-chief are contradicting what the mission is that is to protect freedom. >> state department spokeswoman said the ads were aimed to get the message to the most amount of people. janice dean is here and she has more on -- look at that. >> janice. hello. >> we are talking about the giants. the giants beat hert's panthers. >> i don't know 36-7. >> i quit watching after the first quarter that's what happened. >> ignore the jersey. i wore it all night long. >> at least you have a great when forecast for us. >> i won't rub it in i promise. change of wardrobe the next section. >> we love it when you dance.

what can i say about that. >> let's do the weather, shall we? not too much to talk about. we have a little system moving across the great lakes bringing a little showery weather here and across the sunshine states little moisture working its way in there. not so sunny day unfortunately. the rest of the country looks good. if you are traveling this morning most airports should look okay. thunderstorms later on today in philadelphia. dallas looks good as does loss apg less. new york city really nice temperatures today. 70 degrees. big win last night for the giants. miami 83 chicago a little bit of rain. otherwise looking good. (humming n. ( >> we are going to get you next time. >> i apologize for all of the none g nongiants fans. >> i still love you. >> bye. see you later. now to stories you can bank

on this morning. a senate panel accusing some major check companies of avoiding the tax man. joining us now is lauren simonetti. >> they say they used offshore accounts to avoid paying taxes on billions of dollars. the committee says microsoft moved 21 billion offshore from 2009 to 2011 and saved 4 and a half billion in taxes it would have owed to uncle sam. the panel says hp has 90 percent of the cash outside of the united states and under tax laws foreign profits are taxed when they come back to the u.s. >> 30 year mortgage rates have fallen to a record of 3.49. this is all thanks to the fed

stimulus, right? ima mar many industry insiders say rates will go even lower. we are not really buying all of the homes though we are seeing improvement of the rates going lower. >> they are really strict on who can get the loans. >> finally the last story it's concerning. people are not able to save. >> 68 percent of americans are now living paycheck to paycheck. that comes from the american payroll association. they say it would be some what or very difficult for them to get by if their paychecks were delayed even just a week. the figure was lower at 65 percent still a lot of people. more people are struggling many luxuries like your cable or smart phone are now considered essential. essentially people are spending money they don't necessarily have. >> it shot up to 72 percent in 2010. a little bit lower. >> exactly. thank you so much lauren. happy friday to you as well. >> the time now is 11 after the

top of the hour. the wait finally over. the iphone 5 is finally on sale. we head live to an apple store where thousands of lining up. a scary moment as they troin dues their ba-- introduce their baby to the water and see that, an unwelcome.

>> good morning. it is quarter after the hour. a massive fight breaking out in tucson, arizona in a prison there. talking about 200 inmates. it started at the yard which is

still on lock down at this hour. their conditions are not known. space shuttle endeavor making the last leg of the final voyage today arriving in california yesterday after a memorable day of flyovers. in a included a fly by over tucson, arizona as a tribute to congresswoman gabriel giffords. it will go over parts of california over lax later this morning. the day so many people eagerly anticipated is finally here. the iphone 5 is available in stores it could be the biggest consumer electronics launch in history. wnyw reporter is here with more. hi, robert. heather good morning to you and good morning everyone. thank goodness the weather is so good here in mid town. it's a little cool but no rain. people in line are getting quite an experience. take a look people have been waiting in some cases for days

for this iphone 5. those in line snaking between these police barricades. they are waiting patiently until they can go in and get this new iphone. apple introduced it back on september the 12th. what's the fuss about? it is suppose to be thinner lighter. the screen is taller. the width is the same but the screen is a little taller. battery life is supposed to be better and the camera on the phone is supposed to work better particularly in low light situations. the people here in line have come prepared some with reading materials some with snacks with chairs. this is about much more than just getting the phone this is about the experience. sure people can wait a few days before they get it but this is about getting to know people here in line and making some friends. they only have a little while longer to wait. they can go into the store beginning at 8:00 this morning. that is the latest live from mid town. >> 8:00, not too much longer.

>> like hanging out for concert tickets. >> it is now time to brew on this. here's what we would like for you to brew on today. the thrill you get when you pose for your first driver's license photo is officially against the rules in jersey. >> this one is raising eyebrows. the motor vehicle commission is cracking down on people smiling in their driver's license photos. the motor vehicle says big smiles can interfere with the facial recognition software. glasses and all head wear except those for religious reasons have been banned at the dmv. >> they want you to brew on this. we want you to know what you think about it. also we want to know what are your license photo horror stories. send us your comments to us you can tweet them at fox friends first or foxfriendsfirst@foxnews.com. >> always fun to see how your

hair changes ore the years. or maybe not. beauty at a price. we have a health warning for you that you don't want to miss. why you need to read the labels on your beauty products in the morning before you put them on your body. the government is pumping billions of dollars into electric cars. may not payoff in the end. breakdown the numbers for you up next.

>> more checks are in the mail for madoff's ponzi scheme. it comes nearly 4 years after the scheme collapsed. talk about a close call.

a family tried to pose for a picture on the beach when a shark almost attacks them. the animal went back into the ocean. the family, well, they bolted. >> that thing is pretty close. very nerve-racking. >> a round of the top medical stories. first up how to avoid hidden toxins in your beauty products. this will be a little surprise fogger a i lot of people. they wash our faces take a bath sham bepoo our hair we are exposing ourselves to increase risk of cancer. the term personal care products is divided into cosmetics or drugs. the fda regulates drugs but cosmetics are not subject to nda approval. atornadoing to the health team there are a lot of these chemicals and products we use every day.

these are the mess common: companies are taking action to provide safe personal care products. in august 2012 responding to concerns and demands of consumers johnson & johnson became the first major consumer products company to remove harmful chemicals by the end of 2013. neutrogena and clean and clear are johnson & johnson products that will be in the initiative and av veno-. the safe chemicals act would phase out chep cals linked to cancer and genetic abnormal mal itds. >> styles things are labeled a different thing. there are so many different names. >> there is a chemical that could help people suffering from ms. >> yes, it caused people to break out into blirsing rashes they thought when used as

furniture polish. the results suggest the compound reduces the likelihood patients will experience a flare-up of ms symptoms and the degree to which the symptoms are disables. people with ms the immune system attacks the nerve cells of the brain and produces symptoms such as numbness loss of balance weakness and tremors. patients experience their symptoms in episodes called relapses which last days weeks or even months. it looked favorable in the short term but it's not yet known whether it can reduce visibility over the long-term. the fda is said to make a decision on whether to approve it as a ms treatment by the end of the year. >> this one also really interesting. snake venom to treat cancer. >> snakeses are able to convert venom into harmless molecules. it could help fight a canc-- fi

cancer cure. venom not only evolves from regular cells but could be turned back into harmless protein. researchers say this is the first time snake's venom has been shown to regular tissues and is a significant finding for drugs like cancer or giets. they are not just taking care of the -- >> they starve tumors in the blood that need to survive. coming up after putting his life on the line to serve and protect a police officer is paralyzed and he's denied benefits. we will tell you all about that. also this brand new developments in the madelein mccann case. police say they might know where the little girl is. we will tell you about this when we come back. [ male announcer ] if you believe the mayan calendar,

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>> good morning. welcome back to fox and friends first. >> i am heather nauert. >> i am heather childers. the top five stories making news for you at this hour. the white house officially changing its tune on whether the attack in benghazi was the work of terrorists. now saying it is i think self

evident what happened in benghazi is a terrorist attack. our embassy was attacked violently and the result was four deaths of american officials. so again that's self evident. bun kay before carney said this. >> based on the information we had at the time we have now we do not yet have information that it was preplanned or pre-meditat pre-meditated. >> the mystery of madelein mccann's disappearance may lie under a driveway in the town she was last seen. the 3-year-old vanished while she was on vacation in portugal with parents. a real estate developer claims what he found what could be a burial site by using a gowned penetrating radar system. the property is owned by the mother of a former suspect in the case. we will stay on this one for you. >> a texas cop paralyzed on the

job is being denied benefits. jason roy was on a high speed chase with a suspect when his car flipped over. at first he qualified for lifetime benefits. when the city attorney asked the doctor to clarify his decision he changed the ruling. he qualified medically for lifetime benefits but doesn't meet the criteria legally. >> you telling me that i go out and work for you and i protect the community and this doctor says something that denies me for my benefits. >> he has a hearing in november. >> an iraq war veteran was told to take down the american flag that was hanging from his balcony at the apartment building. he put it up on september 11th and neighbors say the whole thing is ridiculous and sad.

he wanted it to be removed so it didn't offend anybody that didn't believe in the american flag. we wanted to put up the flag to show support. >> they have a flag on the poll instead of hanging from a balcony. >> he spent five years behind bars for a crime he did not commit. now he has a second chance of living out his dream to play football. banks is the newest member of the las vegas lobing mows tives in the united football league. he knows he will be able to make a difference for the team. >> this is the beginning of camp and things need to be adjusted and fixed but i feel i am where i need to be in order to help this team. >> he had tryouts with several nfl teams. that is your 5@5:30. >> he has such an good attitude, too.

>> forget the promise of hope and change. president obama with a really surprising admission that he realizes he says that you can't change washington from the inside. peter du peter doocy is live in washington with more. mitt romney now making a lot out of this. the slogan got a broad base of supporters real licks sited. they were looking for a fresh star in the case of an economic downturn. you fast forward four years and president obama says you can't change washington from within the belt may. >> the fact that we haven't been able to change the phone in washington is disappointing. as soon as i came into the office you had meetings among republican colleagues saying how do we figure out how to beat the president? i think that i have learned some lessons over the last four years. the most important lesson i have

learned is that you can't change washington from the inside. you can only change it from the outside. >> he made the comment about change coming from outside washington. he says grass-roots support is what pressured lawmakers to pass the healthcare law. if he is re-elected he wants to have a much more constant conversation. if the president wants to change things from outside washington he is ready to let him. he went from the president of change to the president who can't get change. president of the united states says he can't change washington from the inside. no wonder he had a hard time the last four years. first two years a democrat senate got to do whatever the heck wasn'ted to says he can't change it from the sign i hinsi. i will. i will get the job done. >> when his comments about not being able to change washington from the inside president obama

through in the white flag of surrender. if we are pointing out there is a video being circulated on-line this morning featuring mitt romney saying he doesn't think he changed washington from the outside. it was taking while running against long time senator john mccain and highlighting his own private sector experience back in 2007. >> peter doocy thanks a lot. we will keep following that one for you. the 2012 presidential race is the talker. wi election day is 46 days from now and we may start seeing a shift in the election. >> national review jonah boldburg this would could be ap opening. >> it is the next big marker regardless of what happens. there is a lot of turning going on in the polls right now. another thing that wasn't in the clip which i think will hurt him he said my bigs mistake was not

passing comprehensive immigration reform. we can defend it on the ground it was naked pan derring it. that clip also exists this is a guy who is supposedly waking up every morning doing whatever he can to fix jobs and the economy. he had a commanding control of congress his mistake was not make immigration reform. >> i think this is an opening for the romney campaign. you go back and you think about i talked to scott walker the day after he wanted a recall election. he wanted mitt romney to run so the r after his name was not about republican it was after the own he. he sort of stumbled into the conservative argument the other day. he did it when the video came out. but he can i think pick up on that run as a reformer and to make it a changed election between what the president did in 2008. >> enjoying an interesting group

of scott walker rick perry and scott they will make their case for mitt romney. >> 46 days anything can change that's for sure. a change is in the air. i don't see a jersey either. but i still see giant blue. >> severe weather in the northeast. >> yeah, the northeast tomorrow today not too bad. it is our last official day of summer. let's all have ice cream to commemorate that summer is gone. 51 minneapolis 49 in chicago. 39 in kara beau. the warmest spot on the map 84 in phoenix. if you like summertime the west is where you ought to be. >> unsettled across portions of florida and the southeast. a fairly quiet day. cold front will push through

tomorrow. possibility for hail and winds. >> have a great weekend. >> january dmiens thank you so much. >> entertainment news for you now. the nypd is releasing sur slains video of lindsay lohan's alleged hit and run-ins accident in new york. the actor brushed up against a man while pulling into a garage. he's the one who is now running after her car. sources say the 34-year-old who says he was hurt left the hospital without any signs of injury. max apparently won't be returning to dancing with the stars after this season. he says, no surprise here, he wants to pursue acting. speaking of the show karina smirnof and olympian apollo ohno will northbound the all stars premiere on monday. >> check this one out bruce springsteen crowd surfing in his concert wednesday night in new

jersey. you know those fans are not going to let him fall. >> love springstein. >> starting lineup of all of the sports stories making headlines this morning. you know i love sports but this first story has me singing the blues. >> big blue bouncipouncing ore panthers. the giants congratulations 36-7. new york scoring on the first four possessions to race out to a 20-0 lead. it was brutal. >> they are partying like it's 1933 in the nation's capital. the nationals clinching a playoff spot by beating the dodgers 4-1. it is the first time they will have post season baseball in 79 years. it may be pee wee football but take a look at this one epic run. jaden scott plowing through the defense during a youth football game. he is number 34 by the way seen there. he keeps going and going and going. no one is able to stop him. he runs it all of the way in for

a touchdown. congratulations to him. >> way to go. >> panthers need a hit last night. just saying. >> the time now is 40 after the top of the hour. coming up the government is something billions of dollars into electric cars turns out may not payoff in the end. we will breakdown the numbers coming up. the last chance to answer the question of the day. new jersey is banning smiling on driver's licenses on your photos there. we want to know what you think of that. >> also what are your driver answdriver's license horror stories. we will read some of them coming up.

>> we begin in south korea that's where the navy fired warning shots toward north korean fishing boats south korean officials say the boats crossed over the boundary of the yellow sea. joint chief of staff report the

fishing boats weren't struck. next to bangladesh that's where a massive fire is destroying more than 500 homes. firefighters battled the blaze for more than 2 hours. shocking video this is out of iran. a soccer player unknowingly picks up a live grenade and tosses it as it explodes seconds before explodes. someone in the crowd through the grenade on to the field no one was hurt and the game was canceled. >> quick thinking, huh? >> the government spending millions of dollars promoting electric cars it turns out that hefty sum may not payoff after all. >> here is diane macedo. >> a new congressional budget office report says by oh 2019 federal policies will end up costing u.s. taxpayers $7.5 billion and yet they will have little to no impact on

national gasoline consumption. according to the report about 25 percent of the 7.5 billion will go to consumer tax credits which run as high as 7,500 per electric or hybrid vehicles. compare that to how much gas they consume verses regular car you will find the government is paying to save gasoline at a rate of $3 to $7 a gallon. the policies will have the average fuel economy of all of vehicles. electric vehicles will allow other fuel economy cars. even with all of this electric car sales are so low even with the credits and fuel savings they are more expensive than regular cars. let's have a little bit of fun now we asked you to brew on

this. the motor vehicle in the state of new jersey is cracking down on smiling in photos. the commission saying big smiles could interfere with facial recognition software. >> we want to know what you think of all of that. we want to know some of your license photo horror stories. aaron says this:

>> keep your comments coming. >> i think a lot of people can relate to that last one. >> the time now is 47 after the hour. you don't have to be one of the thousands of people to enjoy some of the coolest features on the new iphone. our tech guru weighs in on apple's new operating system. >> let's check in to see what's coming up on fox and friends. hi there. where are you? >> i am outside on the plaza. coming up this morning on fox and friends three republican governors join us live rick scott and rick perry are all together. then coming up geraldo rivera apolo anton ohno special music performance from josh turner right there fox and friends 10 minutes.

>> iranian president mahmoud ahmadinejad will not be getting a warm welcome in new york over the weekend. pro tests planning to rally outside of the warwick hotel in mid town. that is where he will stay during the assembly. it turns out the captain of the titanic actually failed his navigation test. new records revealing that he had to take the exam twice just in order before passing. edward john smith went down with the sinking ship in 1912. even if you are not one of the spouses waiting in line for the new iphone you can still enjoy some of the smart phone's best features. apple releasing a new operation to coincide with the iphone 5 launch. they breakdown the five coolest tips and tricks of the new

software. always love it when you are here. >> ios 6 you can have the current foirng 4 and tips and tricks in the new software. there are 200 new features. >> your favorite new part of the software is the do not disturb. >> if you go to bed drifting off to sleep why would you want to be awakened at 10:30. you can set the do not disturb features flip the switch and you can set the time so from 10:00 p.m. to 7:00 a.m. i don't want to be annoyed but from your mom and dad they can break that they can call you and it will get through. plus my favorite feature of this. if you are on the phone and someone calls you you can flip it to say i am on the phone right now i can't talk you send them an automatic text message that goes to the individuals so you don't have to say honey i can't talk right now. >> something i use is google maps. you can sglaer row in on places fly above. you say the 3-d maps that just

came out is even better. >> apple is getting some heat for this over the next few days. the beautiful looking turn by turn direction they have added 3-d implementation where you can see the sides of a building so you can say that's the building i am looking at. apple is taking heat because their platform is not as robust as google maps. this is new for us all of the data you are collecting we are going to fix it and make it the best in the world. that is what apple says. >> the next one you like is the passbook. >> i have like a costanza size wallet and i hate it. i want a passbook to be rebust where i can go into a store starbucks for instance and my card pops right up on the screen. when you board an airplane like you see on the screen united airlines so i have my if as right there. i don't have to carry boarding passes. apple is hoping all sorts of companies will take advantage of

this. >> i love taking pictures. any one who follows me i love sending out pictures that i take. they have a new app they can be panoramic view. >> you can see on the screen what it looks like. you hold the camera up right and move side to side it takes beautiful panoramic photos. a cool feature if you want the landscape shots you couldn't do before apple is providing it. >> the guided access quickly. >> great for kid, kids who close out the home screen all of the time they can set guide and access prevents them from doing that and suddenly they are not buying apps for you. >> our tech guru. five minutes until the top of the hour. a not so dubious distinction for the latest congress. all part of the good the bad and the ugly that is up next. and can you figure out our word of the day? stick around for the answer.

>> couple minutes before 6:00. the good, the bad and the ugly. first a good bus driver in canada pulling his bus driver over and giving the homeless man the shoes off his own feet. it was 40 degrees outside and the name the driver hasn't been released. when a passenger said why did do you it? he couldn't bare to de someone bear foot in the cold. it is adjourning today in one of the earl list dates since before the election day back in 1960 he agreed to end the session so lawmakers have more time to get out and campaign. finally the ugly. talk about the real road rage here. look at this. (horn honking) >> that's a little obnoxious a driver in colorado nonstop honking at bicyclists a