christopher allen tells foxnews.com the gao report shows counter tearrism and weapons of mass destructionriority for all fbi aircraft and/or officials said the jets were used because they had larger capacity and long distance range needed. it is ludicrous that the attorney general claims law enforcement agents have to lose their jobs due to the automatic spending cuts kick in knowing over the last five years department has allowed for millions of dollars to be spent on personal travels. you can expect this debate to keep coming up after the debate of the sequestration cuts continues. >> we know you are right on top of it for us. >> the time 46 after the hour. still ahead another solar company backed by the government and your tax dollars is about to face the same fate as solyndra. >> it was supposed to be a prank. some say this viral video is not a gallon of laughs. we are wondering is it criminal? defense attorney arthur aidala weighs in coming up next. brian kilmeade coming up on "fox & friends." >> it will change the face of television. can you image going to work with your pets. your

. >>> and also this afternoon, four former senators, tom daschle, bill bradley, christopher dodd and allen simpson are all now saying thap wrong when they supported the defense of marriage act in 1996. and in a historic move this week the obama administration filed a friend of the court brief with the supreme court arguing that california's proposition 8 which limits marriage to a man and a woman violates the u.s. constitution's guarantee of equal protection. in a press conference yesterday, president obama doubled down on his support of prop 8 being overturned. >> just whenever a particular group is being discriminated against the court asks the question what's the rationale for this and it better be a good reason and if you don't have a good reason, we're going to strike it down. >> what, if anything, will the brief do to influence the court's decision on marriage? a constitutional law expert at nyu. he's here with me this afternoon. good to see you, professor. >> good to see you, craig. >> proposition 8 has been battered around in california courts. what's behind the timing of the supre