>> really? they haven't read it yet? well, that never slowed them down before. hey, who needs congress to read? when it comes to our economic recovery, the president might use his mighty pen. a record day on wall street new numbers show the rest of americans are financially worse off than they were a year ago. but parents, remember, when you let the kids play angry birds and upgrade to buy the mighty eagle you got your phone back and found out the kids bout something else instead. that is our side and we will tell you why. where are paul and ringo invading? dusted off the album covers because this is "way too early." i said tender. i did. yeah. good tease, isn't it? hi, everybody.

good morning. i'm thomas roberts. thursday, january 26th. throwback thursday so old school classic today on twitter. why are you awake? tweet us. is a beaver building a dam in your backyard? does your spouse snore in tell us. we will put your best dancers on later in the show. we get to serious business here. there is concern this morning over the servicemen and women who maintain the world's largest lead of nuclear ballistic missiles. 34 missile launch officers in montana have been decertified, had their security clearances suspended for cheating on month tests. half were involved in texting the others answers and the rest knew about it. >> this is absolutely unacceptable behavior and it is completely contrary to our core values in the air force. this was a failure of some of our airmen. it was not a failure of the

nuclear mission. >> is it worth the cheating ring uncovered during the investigation of a drug ring and according to "the new york times," the conclusion of the cold war has led to low morale among missilers and this is just the latest black eye. 17 officers were removed last may from safety violations and attitude problems. last november, get this. officers were fired after being caught napping twice with open doors that are intended to keep the intruders and terrorists out. a general who oversaw global strike command was stripped of that job after a drunken incident in moscow. the times reports he was removed after drinking heavily and insulting his guests and talking to the cigar shop lady and slurring his speech while leaving in red swear and pouting in some way. the report has been relieved

that left four americans dead in benghazi. it says the attack was avoidable. andrea mitchell has more. >> reporter: the month and day alone should have set off alarms but didn't. the report says the attacks that killed the four americans, including ambassador chris stevens, were preventable. >> the intelligence was really ample. i had an opportunity to review it myself. >> reporter: the report says the cia increased security at a mile from the diplomatic mission. the state department did not. >> they needed more security measures. they needed more personnel. all of that was ignored. >> reporter: a major new

finding, ambassador stevens declined two specific officers for more military support. the report says the bandage, with closest fighter jets more than five hours away were not prepared to respond to the attacks. committee republicans issued a bl blistering report on former secretary of state hillary clinton. >> what difference at this point does it make? it is our job to figure out what happened and do everything we can to prevent it from ever happening again, senator. >> reporter: but the republican committee members categorically blamed clinton at the end of the day she was responsible for ensuring the safety for all americans serving in our diplomatic facilities and her failure to do so made the difference in the lives of the four murdered americans and their families. hillary clinton referred all questions back to the state department which told nbc news we are focused on improving the security of our embassies and leave politics to others.

thomas? >> andrea, thanks so much. to confirm there has not been an arrest made for that attack. there is new evidence that an american service member is still alive five years after disappearing from his base in afghanistan. last week the united states intercepted a thumb drive including a video of bergdahl. the first time he has been seen in three years. his family relieved a statement upon learning about that video urging their son to remain strong through patience and your endurance will finish you through the finish line. breathe. military officials believe the missing soldier is held in pack pakistan. federal agents will no longer be allowed to consider certain information when investigating cases. now agents won't be allowed to factor in religion, national origin, gender, or sexual

orientation. the bush administration banned profiling but did not apply to national security cases and only applied to race. the move comes as civil rights group complain that muslims have been singled out for investigation and latinos for probes. president obama will not wait around for congress to tackle the economic challenges. speaking in north carolina, he addressed the unemployment bill that stalled in congress and he is willing to take executive action to help speed up the recovery. >> we have cheap energy costs wen we have got the best workers in the world and the best university systems in the world and the largest market in the world, but it requires us to take action. this has to be a year of action. we can't wait for congress to solve it. where i connect on my own without congress i'm going to do so. and today i'm here to act. >> while millions of americans continue to get back on their feet, there is a different story that is happening on wall street. yesterday the s&p erased all of

its losses this year. closing at a new record high. but that hasn't translated to the optimism at home. a new gallup poll finding americans are worse off than a year ago. just 35% believe that they are actually better off. outspoken republican congressman gomort is at it again and speaking out against judges who are for marriage equality. he said they need basic plumbing lessons. a judge is wise beyond his education to make such a declaration about the law. i think requires revisiting by each state in compliance with the u.s. supreme court. he also said the judges are sengs saying they haven't seen any biological evidence to support marriage between a man and a woman. a lot of big words in that statement! a lot of big words there! within the last month, same-sex marriage bans in oklahoma and

texas were ruled uninstitutional. a federal prosecutor will help handle the investigation into the bridge scandal swirling around chris christie. reid shaw will be the special counsel in the state's probe. he is the former federal prosecutor who led the case against none other than former illinois governor rod blagojevich and for most people that hasn't tainted their view of the new jersey governor. 69% say their opinions are unchanged and nearly half say their view of christie as a leader and 27% say he is acting like a bully. 44% think he is mostly telling the truth but a third of americans say they think he is likely not. now we move on to business. later this morning, we are going to get a look at the week unemployment numbers and a handful of earnings reports from citigroup and goldman sacks. yesterday we talked about the stocks rallied and green arrows across the board and all three

indices closing in that area. cnbc jeff is here with us from london. jeff, good morning. >> good morning to you. some perplexing pieces of information on the economy which is why we will be looking out for more news on jobs. we have the beige book, a survey of 12 districts that they cover and what it told us was that there are some firming unexpectations of job growth in industries like construction and manufacturing. there are pockets of strength it seems in the u.s. economy at the moment based on that survey. but maybe it's not into the retailing space because we also have some news from jcpenney they are letting 2,000 staff going and they are shutting 33 stores. they hope this helps them save $65 million going forward. jcpenney not doing so well it seems in the retailing segment right now, tom.

>> let's talk about about the apple refund. this is interesting. jeff, a lot of parents out there have given their kids their iphones or ipads to play angry birds or other games and get the upgrades and allow permission for the kids to get in there but left a window of opportunity for kids to buy other things but the ftc is on the parents' side? >> this is an amazing story. i'm a parent with two small children. the phrase inept purchases sends a chill down my spine. but my daughter comes and asks permission, my oldest. in this case it seems a lot of children have been able to buy these things without their parents knowing. apparently 32.5 million dollars will now be paid back by apple, at least one mother is going to get 2,600 dollars because she says her daughter spent at pet store, the game, without her approval. but i don't know about you, thomas. but i think there has to be an

element of parental responsibility here. >> yeah. >> okay, this is inept store purchasing but not like they have gone to the cash and carry for a bottle of vodka, but i think you'd want to know what your child is doing, wouldn't you? >> well, yeah, if the parents are letting the kids use the phone as a babysitter in a way. still ahead, 49er fans are serious about their football team and one radio host is learning how he should not mess with his tickets to a playoff game. then rand paul out to ruin the internet. the backlash against his decision to have a new form of communication. like the old people, we get on these things and register the kids. that and a check on the weather when "way too early" comes back. ♪ the war can begin at any

time. at any time. that a call and ominous announcement from president bush's spokesman today. without any sign from saddam hussein he is now ready to finally withdrawal.

[ mom ] with my little girl, every food is finger food. so i can't afford to have germy surfaces. but a fresh sheet of bounty duratowel leaves this surface cleaner than a germy dishcloth. and it's clinically proven to be 3 times cleaner. so ditch your dishcloth and switch to bounty duratowel. and it's clinically proven to be 3 times cleaner. if ...hey breathing's hard... know the feeling? copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva.

discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan? ♪ ♪ ♪ nothing says, "you're my #1 copilot,"

like a milk-bone biscuit. ♪ say it with milk-bone. let's start with baseball news for you. l.a. dodgers ace clayton kershaw will soon be a very wealthy guy. he signed a seven-year deal worth $215 million! it is the biggest deal in major league baseball history for a pitcher. the 25-year-old has won two cy young awards in the last three years. that is a lot of cash. lindsay vonn recovering from successful knee surgery. this photo on her twitter page yesterday. her publicist says she hopes to

make a full recovery in time for next year's world championship. earlier this month that the knee surgery forced vonn out of this year's olympics. to the nfl. the run-up to the nfc championship game is getting interesting. 49ers head coach jim harbaugh is focused on the match with the seahawks but business wife called into a local radio station to voice her concern for her husband. >>ly not take the blame for his office. >> are you saying it's not your fault that he wears pleated khakis? >> i've thrown them away. can i tell you? i've thrown them away many a times. i have asked him, please, please, they are gone! he has a flattering body and he makes -- >> we think he might have a flattering body underneath that. >> he does but the thing is, he just doesn't care. i said that reflects, i told him so many times, that outfit reflects on me. >> hiding behind the pleats!

>> the pleats are gone? they are out? >> what you got? >> i have no idea! >> what are you doing over there? are you flat front today? >> yes, you do. look down. >> no! so dangerous! >> mrs. harbaugh is not a fan of jim's pleated chap khakis. he addressed his wife's comments at a press conference yesterday. >> they are making quite a bit a sport of me but problem solved there. the -- well, the levis and the nike and the dickey makes a flat khaki. so happy wife, happy life. >> leave it alone. >> i'll leave that part alone. you saw my wheels spinning but the sensor, yeah, we did not show you from the waist down. i'm sorry. >> we can't. we doid with that once. the seahawks are trying their best not to sell tickets to 49ers fans for the big game

on sunday. one seattle radio station thought it would be funny to prank a san francisco fan who got her hands on tickets. >> i'm calling to let you know, unfortunately, we are going to have to refund your money on those tickets and you won't be able to use them. i apologize for any inv inconvenience. >> this is such bull [ bleep ]. i am going to that game and nothing you can do it bit and i'm going there and cheering my head off and wearing my 49ers gear on and you know what i'm doing as soon as i see? i'm going to punch you around and slap you around a bit and take my jersey and hang you from the stop of the stadium and watch you dangle there! >> i love her. >> you don't mess with her. you know, those seahawk fans, they control weather and earthquakes. >> really? >> don't you remember? >> the stomping, the seismograph? >> but you're worried about your pants. >> i have no idea what is going on. >> what you got going on over there, flat fronts?

>> you have to explain the difference. >> the pleats in the front of your pants that harbaugh had on. we had a visual. then the flat part. >> okay. >> your jacket is unbuttoned right now. >> i'm going to glg aoogle all this later. >> look down! >> you can't do that. it will cause all sorts of issues and problems. as far as a forecast goes in the west, it's continuing to be very, very dry. already this month we have 2 inches in san francisco. yesterday, we were 73 degrees in san francisco. which was by far one of the warmest that we have had in forever in january. so that was extremely warm. as far as the temperatures go today, we don't expect it to get that warm but it will be pretty mild. we are not looking at the pants now. now we show the shorts next to you? >> no, those are flat front pants. >> is that? >> that's in. congratulations. >> thankful! >> flat front. pleats are the things in the front. >> yeah. >> he thought had he that

weather section all to himself. coming up on "morning joe," we will get serious and talk about the reigniting debate over benghazi. in-depth into the senate report and the warning signs that were overlooked. when we come back here, we huddle around the water cooler. not to talk about pleats and flat front pants but ringo and paul are planning a get-together and tell you why they will reunite and their high profile performance. [ male announcer ] legalzoom has helped start over 1 million businesses. if you have a business idea, we have a personalized legal solution that's right for you. with easy step-by-step guidance, we're here to help you turn your dream into a reality. start your business today with legalzoom.

we're here to help you turn your dream into a reality. i'm bethand i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. ink from chase.

the top of the show. we talked about the missile launch officers who were caught cheating on monthly tests. if you want to sound smart, tell your friends the 341st missile wing at the air force base operate 150 minute man three and intercontinental ballistic missiles and ready to launch at any time. those who operate them have remained on continuous around the clock alert since the cold war since 1959. louis is standing by around the water cooler to tell us about the living members getting back together. >> that's right. the surviving members for the beetles are getting together, paul and ringo are reuniting and it was performed they would

perform separately and the last time the two played together was in 2010 at radio city mask hall for ringo's 70th birthday. the beatles are honored with this year's lifetime achievement award at the grammys. they won the best new artist award way back in 1965. let's go to late night where regimen kimmel knows a little something about television and when he saw osage county, a great idea off the top of my head. >> likely to get her 18th academy award nation for "osage county." it's in theaters now and based on a pulitzer prize winning play. they made a movie based on a play and taking it a step feather and make ago tv show out of the movie. >> is this family? >> what do you do to your hair you? look like a les bean. >> in this house. >> give me the wine! >> blow it out your [ bleep ]! >> this is about to get real!

>> what the [ bleep ] are we doing? you want to break up with me? >> the real housewives of osage county. [ bleep ] [ bleep ] [ bleep ]. >> only by bravo on. >> you know how you can watch that relate? >> no table flipping! >> i think it's better than real housewives of orange county. i'm there. when my father started using facebook, i knew i needed a find to waste my time in a new way. more recent tech toy, senator rand paul has joined the photo video sharing community with snapchat with this post. >> hey, guys. thank you for calling me on snapchat. >> now luckily the no screen shot rules don't apply when you're a u.s. senator. his second post was unforgettable play on words. it says you've been mooned but it's disappearing. better get a screen shot fast. all i can say senator paul is really on the cutting edge there. >> what happens if anthony

wiener gets a hold of rand paul's phone? just sayin'. >> i want to put that thought in my mind. unhome depot employee has gone above and beyond the call of duty. this worker was at the right place at the right time and swooped in to catch a baby falling out of a shopping. online commentators pointed out it could have been avoided if the child was security properly in the cart which i'll agree. this has nothing to do with what we were just showing you. is this a devil paper baby that terrorized new york city. t.j. couldn't help but show you this clip that gives us all nightmares!

>> nobody is looking to catch devil baby. nobody. they are just covering up the baby and moving on! poor thing! louis, thank you, sir. ahead, your most creative tweets. "morning joe" is moments away. n] winter olympian ted ligety cannot take a sick day. [ coughs ] [ male announcer ] so when he catches a cold, he's got to power through it. ♪ vicks dayquil. powerful non-drowsy 6 symptom cold and flu relief. winter olympian ted ligety can't take a sick day tomorrow. [ coughs ] [ male announcer ] so he can't let a cold keep him up tonight. vicks nyquil. powerful nighttime 6 symptom cold and flu relief. ♪ ♪ stacy's mom has got it goin' on ♪ ♪ stacy's mom has got it goin' on ♪ ♪ stacy's mom has got it goin' on ♪

[ male announcer ] the beautifully practical and practically beautiful cadillac srx. lease this 2014 cadillac srx for around $319 a month with premium care maintenance included. ♪ purina dog chow light & healthy is a deliciously tender and crunchy kibble blend. with 20% fewer calories than purina dog chow. isn't it time you discovered the lighter side of dog chow. purina dog chow light & healthy. over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia and the southbound bus barreling down i-95. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had the power to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did. in a little dorm room -- 2713. ♪ this magic moment ♪ ♪ this magic moment

so i can reach ally bank 24/7, but there ar24/7.branches? i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water. it's a long story. well, not having branches let's us give you great rates and service. i'd like that. a new way to bank. a better way to save. ally bank. your money needs an ally.

it is why are you awake time. >> it's throwback thursday and over to john tower. >> old man john here. remember me? >> nope. what is on your pager. >> blast from the past. high school. >> oh, yeah! >> i think i can speak to the staff with my haircut. >> isn't that good? they say it's a sign of intelligence if have you a wonkie eye like that. look at that. eric stults there. best teeth in the business. any way that is "way too early." "morning joe" starts right now. ♪