students ment >> we asked is this fair or foul? james says what is going to happen when these kids grow up and meets a team who grew up without restrictions. >> why don't we wrap them up in bubble wrap and let them play? foul. >> goom. it-- good morning. i'm elisabeth hasselbeck. it is july 23. a major victory in the georgia senate race. david perdue tops a longtime congressman. >> a big scare for obamacare and even liberals are concerned. the landmark ruling that could delete the president's greatest achievement. >> super bowl winning coach tony did you know -- dungee

being ridiculed for saying michael sam would be a distraction to his team. what is wrong with speaking your mind these days? think about that as we roll animation because mornings are better with friends. >> it's "fox & friends." >> live from studio e here in the heart of midtown manhattan on this 23rd day of july. welcome aboard, folks. >> heather nauert is here with headlines. a lot happening through the night. >> we've got news coming out of israel affecting travelers there. moments ago secretary of state john kerry touching down in tel aviv, israel, despite the f.a.a.'s new ban on u.s. airlines from flying into that airport. this after a rocket landed in a neighborhood about a mile from that airport. the 24-hour ban expires at noon today but the f.a.a. is reevaluating and will announce later this morning if it will extend that ban

or not. certainly other countries have also suspended flights to israel. more on that. >> moments ago the downed malaysian plane's black boxes have arrived in england. experts now downloading data from the recorders following a request by authorities in the netherlands who are now leading that investigation. also earlier this morning the first plane carrying the remains of some of the 298 victims left the airport in ukraine for the nght lands. it is trd -- it is considered a national day of mourning in the netherlands. in the meantime the united states said it found no link of direct russian involvement. but says vladimir putin base some responsibility for the attack. they provided the training and support for the rebels who most likely shot down the plane. here at home it could be one of the most watched senate races in the entire

nation. in georgia, david perdue defeating jack kingston in the republican run-off. it will be key to the republicans gaining six more seats to win control of the senate in november. >> more debt, higher taxes, a disaster that's called imoam, this is the agenda that michelle nun and her party support. would he can't allow that to stand. >> david perdue will join us live on "fox & friends." >> the piano man is set to receive one of music's greatest honors. ♪ ♪ >> the library of congress is awarding billy joel the ber -- gershwin prize for

popular song, the second major award for joel in two years. it comes on the heels of the kennedy center honors back in december. congratulations billy joel. those are your headlines. >> why did you chows to play "uptown girl"? >> she is an uptown girl. hello. >> it's all about her. >> it is a tribute to christie brinkley and they aren't married anymore. >> a big scare for obamacare. yesterday the d.c. court of appeals, the second highest court in the land, said the subsidies are illegal in 36 states. the law as written said that credits, these subsidies can only flow through, quote, an exchange established by the state. a bunch of states didn't establish them, so the federal government came in.

and in 2012 the i.r.s. pumped out a rule giving subsidies to everybody, and that's what prompted this lawsuit. simultaneously the white house felt a little lucky because the fourth circuit in virginia said they're legal. now it could be headed to the supreme court. >> in the meantime the white house said it is going to continue handing out billions of taxpayer dollars in the subsidies until this gets figured out and works its way up the court system. >> could be years. >> three judges decided this. it seems to be a major blow when it comes to obamacare and the money that's being handed out, in this case determined here in these three courts. they said it is illegal. a constitutional scholar said this is a bloody mess. >> it will be a bloody mess. the problem is the president, it was found by the d.c. circuit, to have exceeded his authority, to have violated again the

separation of powers. but m this case that violation led to the commitment of hundreds of billions of dollars in the past, future years. and that is a serious problem. i don't see how the a.c.a. can survive without this system, at least in the form it was originally designed to have. does that mean it will collapse? it would collapse unless congress would be willing to make massive changes and massive subsidies to back those up. >> the panel found the president spent billions in taxpayer dollars he had no authority to spend, subjected millions of employers and individuals to mandates he had no authority to impose. game on at the highest level. here we go again. and all indications are they knew all along how much in jeopardy this ruling would be. it's not so much the law that passed. it's the one that kept changing. if it goes back to the original form, can anyone afford obamacare without the subsidies? that will be one of the keys.

the other thing we've got to think about too is when everyone signed up, the 5.4 million people who signed up for obamacare, did they do it the right way? was anyone verified the information they were giving. the g.a.o. wondered that and set up a sting operation. >> the government accountability office made up fake applications, 12 on phone or on-line, 6 in person, all completely false. nothing true: income, counterfeit documentation false. 11 out of 12 of them, of these fake applications got through. they actually got government subsidized health insurance. they got through the verification process and their bogus beneficiaries are still covered. >> that's the extraordinary thing. it begs the question, so this was just a controlled situation where 11 of the 12 failed and the one had a

failed, the one that failed, the one they noted simply because that person did not cough up a social security number. how many people have applied for obamacare and gotten subsidies even though they completely perhaps misrepresented their income or lied about their situation? right now we don't know because right now nobody is looking into it. >> the president doesn't have time because he's flying back and forth raising cash for democrats. >> it's exhausting. >> exactly. but there is a critique that he is not paying enough attention to what's going on in the world, he's not doing the right thing. he's forcing his attention on fund-raising, causing the taxpayers $3 million for a recent trip alone. josh earnest at the white house, press secretary, said he can focus on a couple of things at the same time. >> the president, like most professionals, has the capability to deal with more than one priority at a time, particularly somebody who has the trappings of

the presidency alongside him. he has his own airplane, dedicated phone lines, senior advisors who will be accompanying him every step of the way. >> then he brought up out of the five work days he's spending three of them on funding. >> he's got the phone and the pen. he was in seattle last night and they were talking about cynicism, and the president said i don't really watch much of the news because i generally already know what they're talking about. wait a minute, i don't really watch much of the news because i know what they're already talking about? how many times have we heard the president say i learned about this situation by watching the news. a lot of people are going which way is it, mr. president? >> you can't have it both ways. if he didn't watch the news, he probably doesn't know that tony dungee, although he's not coaching anymore, he's a spofts --

sportscaster -- got himself into controversy when he answered the question, would you have taken michael sam, the defensive player who came out and say, by the way, i am quote, he said, quote, tony dungee did, i wouldn't have taken him not because i don't think michael sam shouldn't have a chance to play. i don't want to deal with all that. he's saying when you have somebody in a locker room that's different it becomes a major story. if you want to look at an example look at tim tebow. tim tebow was bigger than the sport for awhile. >> is there x factor going to take away from what's going on on the field. keep in mind, tony dungee didn't say i wouldn't sign him because he's gay. he said he would be a distraction. there are many players like tim tebow who in the mind

of many coaches thought this guy is going to take away from the team aspect here. listen to this. >> if you are in a professional sports locker room and you happen to be gay, there are people in an nfl locker room or any kind of locker room for a professional sports team, there are people who are going to have a problem with it. if somebody is sitting there in a locker room and they're minding their own business but it is just not something they agree with, they shouldn't be excoriated either. you have the right to feel what you feel so long as you're not trying to inflict any kind of harm figuratively or literally upon another human being. it's that simple. so tony dungee, whether it is from a religious perspective or whether it is just taking his quote verbatim, he happens to be right. >> but he is getting

slammed. he's getting abused in the media. it is a fact that this story is a big deal in the media. michael sam, did he make it a big deal? who knows? did tony dungee make it a big deal? it is a big deal because the media latched on to this earlier on. >> the twitter verse is aflame and they're calling tony dungee every imaginable word and name, but here's the thepg. he has the right to express his opinion. in his have been a distraction? to tony dungee, yes. to other people? maybe not. but they weren't asked. on twitter they're saying he's a hypocrite. michael vick, he completely repackaged himself. >> tonydunjihad -- tony

dunjihad the chance to say no. >> there is no right or wrong answer. we respect your opinion unlike the rest of the media. we'll put your opinion up there. hopefully you'll get on facebook and twitter and we'll read them. coming up straight ahead, a plan to fix the border crisis. instead of giving aid to the illegals' home countries, cut them off. >> a veteran gets trapped inside a v.a. clinic. >> what is your emergency? >> hi. i want to report that i apparently got left in a v.a. facility, medical facility and the alarm has been going -- >> how in the world did that happen? we're going to hear from that vet straight ahead. ♪ ♪ woooo.

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welcome back. this week president obama will mote with leaders from central america to address the border crisis. even though u.s. taxpayers are footing the bill for children fleeing those countries, their leaders are still asking for more

money. our next guest says the solution to this crisis is to cut off those countries bit by bit. maryland congressman michael burgess joins us now. good morning, sir. thank you for being with us this morning. >> thanks for having me on. i wouldn't say it's cutting them off. it is billing them for the services we're providing for their citizens. i estimated, i saw a report in the papers, it was $500 per child per day. each child is staying about 34 days in a facility. the round number comes out to about $15,000, and that seemed like a reasonable amount to bill back to the presidents of those countries for taking care of their children. >> congressman, there you are in texas, and the reaction by many upon hearing this will say that's harsh, that's heartless. >> you want to know harsh? harsh is putting an 8-year-old on top of a freight train and sending him across mexico. that's harsh. harsh is taking children to the middle of the rio

grande, leaving them and calling it a high-water rescue which is what a constable told me he had seen there when i was there earlier this month. that's harsh. this is a problem that the president created, in my opinion, two years ago when the president created this special program of adjudication. that lit the fuse. the president may say that wasn't what i really said or wasn't my intention but it is how it was interpreted, how it was marketed by child traffickers on the border. they are using the deferred adjudication of childhood arrivals as a means to tell people if we can get you there, you get a free pass. that is what has created the pressure on the border. the numbers have doubled each year for the past two years. when you go down and ask people on the border when did this change? when did it become different? they will tell you november, december of last year. the administration saw this coming. they knew it was coming. in no way is this an emergency appropriation. in fact, you send more money, you're probably

going to get more problem. >> congressman, why hasn't the president been there? who is secure with the border the way it is? >> no one. our men and women who work for customs patrol, the social workers who work at h.h.s., the people who work for fema who are doing all the jobs we task them for, they're working their hearts out but the fact of the matter is they're being overwhelmed. the process has to include stopping the flow. the president could do that by going to the border and making that statement. >> congressman burgess, thank you for joining us from the lone star state of texas this morning. >> thank you. >> coming up, it's happening all over the country. our next guest thought she had a decent deem under obamacare until she discovered no doctor would take it. this cat may only have eight lives now. how he miraculously survived the massive wildfire in washington state. strong kitty there.

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>> quick headlines. a deadly standoff in texas ends in a shootout with police. two officers were wounded while trying to serve a warrant on a murder suspect in the rio grande valley. the 29-year-old suspect was killed in a gun fight. jury deliberations resume in a separate story in jesse ventura's defamation

suit. ventura says chris kyle lied in his 2012 bestseller called "american sniper" about punching ventura in a bar, in 2006 remarks he made insulting navy seals. in a videotape before his death last year kyle says the story is true. he has passed away. >> it is a major blow to obamacare. the d.c. circuit court of appeals concluded yesterday the i.r.s. went too far in extending subsidies to those buying insurance through the federal run exchanges at healthcare.gov. you can only do them through state exchanges. the fate of obamacare may be in jeopardy but personal troubles with the exchange are still piling up across the country. our next guest says she was forced to get a policy under obamacare. but now what problems is she facing? charlene lake joins us live. good morning to you, charlene. >> good morning. how are you? >> okay. you thought you got a pretty good deal through

the affordable care act, an h.m.o. that included a family doctor, not too many miles from your home. then when it was time to actually see a doctor, you started getting paper work. what happened to you? >> basically what happened, steve, is i found a wonderful doctor. i did go in to see him for a medical situation in may. i was thrilled. i thought this is great. this is working. and he was a mile and a half from my home. i received then a letter in early july -- july 3 -- stating that they were now removing me from that p.c.p. and will be reassigning me it a new provider. needless to say, i was very upset because i was happy with this doctor. i felt i was established with him. i went in, i filed all the paper work. you reveal a lot of personal information about yourself. i confirmed with humana. they first told me they thought it was an error.

they claimed it was because of patient overload they were no longer accepting any more patients. >> but you weren't a new patient. >> no, i was not a new patient. he said confirm with your doctor. i did and immediately they knew whiefs -- what i was talking about. she double checked and said you've been removed from the system. >> here's a quote from your cancellation letter. we sent you an i.d. card with a primary care physician. however the doctor who was assigned to you is unavailable to accept additional patients. you explained that. that's the deal. now you've got this policy, and who's your doctor? >> my doctor is questionable. i called to ask who i was being reassigned to. i spoke with a series of humana agents. i was on the phone literally for hours. i called j.s.a. medical group, the medical group who basically has a

monopoly in many areas of florida. they are the main provider for p.c.p.'s with humana, the plan i signed up for. i didn't know when i saw this doctor by name that he was part of a corporation and i risked being dropped. they refused to reinstate me. they were very unsympathetic. the agent was actually very cold and wouldn't let me speak to anybody else. i asked can i speak to a supervisor? he said no, i'm it. as far as you get. i called humana back and they called j.s.a. medical group, and she got a different agent. he went on to say -- i thought this was very interesting -- that i could keep my physician if i selected a different health care plan, a more expensive one. she said yes, it would be more expensive. if it's a patient overload, how come i can keep my doctor? i also asked my doctor can i continue to see you if i pay out of pocket? they said yes. we didn't select to lose

you as a patient. but you shouldn't have to do that. >> that is not what you signed up for. what are you going to do? >> no. i have gotten my new humana card. i've been assigned to a clinic. this clinic is basically the equivalent of a low-income free clinic, and i'm sure they can offer some good service, but that's not what i signed up for. i want to keep my physician. and i wouldn't -- this premium is over $400 a month through a silver plan. i didn't think i would end up going to a clinic. >> it's heartbreaking because that's not what you signed up for. you thought you had that doctor down the street and you wound up with the free clinic which is not part of the deal. charlene, thank you very much for telling your story and we hope this all works out for you. >> thank you for having me. i appreciate it. >> too bad. 29 minutes after the top of the hour. coming up, a veteran gets trapped inside a v.a.

clinic. >> what is your emergency? >> hi. i want to report that i apparently got left in a v.a. facility, medical facility, and the alarm has been going off. >> how does that happen? you're going to hear from that vet straight ahead. then white flags replace the american flag at the brooklyn bridge in the middle of the night, and still nobody knows who did this or why. how in the world does this massive security breach happen in new york city? but first, happy birthday to guitarist flash originally from guns and roses. roses. he is 49 today. celebrate your love of crab with gthis year's largest variety!.

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>> a judge in virginia wrote an opinion today in favor, in favor of obamacare, saying getting health care from the state or federal government is the same as ordering from pizza versus dominoes. i'm not sure if i agree. their websites always work. >> it's so true. private businesses, when they go in business to sell stuff on-line, why do they always work? >> the big comparison was how big even shoe sales companies like zappos went through. >> one thing about michael bloomberg, when he wanted to get stuff done, it actually worked a lot of times in new york city and certainly at bloomberg tv. he is actually the head of your news today because he hopped on a flight. >> that's right. he got on a flight to go to tel aviv to prove that it's safe to fly there despite a new f.a.a. ban. he is ignoring that f.a.a.

ban, landing in tel aviv just moments ago. bloomberg flying on israel's el al airline which doesn't have to follow the ban. bloomberg says that ban simply gives hamas a victory. he urged the f.a.a. to lift the 24-hour ban that ends at noon today and that resulted in part from a rocket that landed about a mile away from that airport. new developments. in the case of a missing marine's pregnant wife in california. newly released court papers reveal that aaron corwin may have been having an affair with her neighbor when she disappeared three weeks ago and the baby might have been his. that neighbor, christopher lee, was reportedly worried that his wife would find out that he got corwin pregnant and would divorce him. the desert sun reporting cops believe corwin was shot. the two were on a hunting trip. lee was recently discharged as a marine. he was arrested on suspicion of possession of

a destructive device but was released on bail on july 6. cops will not say if the case is connected to the search but say he was brought in regarding an ongoing investigation. that is a story we'll continue to watch. this next story will leave you shaking your head. listen to the 911 call made after a veteran realized that he was all alone and locked inside a v.a. clinic in florida. >> 911. what is your emergency? >> hi. i want to report that i apparently got left in a v.a. facility, medical facility, and the alarm has been going off. >> nice, huh? that is the voice of jeffrey dock. he said he went to his doctor for a prescription refill but ended up waiting three hours. he then figured out he was the only person inside that building. fortunately he had his phone on him. he whipped out that phone, recorded video walking around the lobby. >> here i am around the

v.a. and everybody has gone home. >> can you imagine? the v.a. has since issued an apology. dock says he's not angry. he's just disappointed. >> keep that straight, how are they going to keep the more important things straight? it's just an indication that there's still a lot more for them to do. >> the v.a. says it's working to make changes. >> a cat proving she really does have nine lives. this feline was found in washington state badly burned by the devastating wildfires we have been telling you about. the cat is now on the road to recovery. >> definitely burned. all of her pads are going to must have. the eyelids were crisp. >> the owners can't take care of her so she is now

going home with the woman who ended up rescuing her. such terrible wildfires taking place there. >> wildfire funding was proposed yesterday in the senate. >> how about the story of the guy left at the v.a.? how many times have you been waiting, you've been waiting for a doctor and you say to yourself, i think they forgot me? they forgot about me. >> he's right there. >> we didn't forget about maria molina. she's at 48th and 6th avenue with a preview of today's weather. >> good morning. here in the northeast we have a risk for some severe storms, especially across parts of northeastern pennsylvania up into portions of new england, including the state of maine. pretty widespread area across our region for the possibility of damaging winds from some of these storms. they are forecast to fire up late in the day. late afternoon, evening hours. here in new york city, we don't think storms are going to be rolling through

until late tonight. again, severe weather possible. temperature-wise, ahead of that storm system, 90 degrees for your high in new york city. you could reach the middle the 0's -- 90's in washington, d.c. across the plains, triple digits forecast for many areas across oklahoma and texas. factor in the humidity and it will feel even hotter not only across the plains, but take a look at new york city. what it's going to feel like when you head out the door, 93 degrees and upper the 90's possible, maybe even 1 00 degrees in d.c. brian, over to you. >> thanks, maria. 21 minutes before the top of the hour. here's what's happening in sports. two lawsuits just enough for the disgraced los angeles clippers owner donald sterling. he is now filing a fraud

lawsuit against the nba and his he is stranged wife. he is suing the wife over the sale of the former team to steve balmer and the nba over the antitrust laws. doc rivers says he will quit if sterling remains with the clippers. that franchise could fall apart again all because of donald sterling. >> the seattle seahawks top a new poll as the team to beat because they're young, good and strong. they round out the rest of the top five. the 49ers are up there, broncos remain there, the patriots are there. the new orleans saints. the raiders came in dead last. lebron james' return to cleveland did not do his neighbors any favors. hundreds packed the streets around his hometown of akron and his mansion. lebron sent them all a personal apology with

cupcakes. he says he's sorry for the chaos and hopes they enjoy the cherry cola flavored treats. >> that should make it better. >> cherry cola makes a cupcake? that changes everything. you ever seen that? >> way overdue. >> sounds delicious. meanwhile, 19 minutes before the top of the hour. then white flags replace american flags at the brooklyn bridge and nobody knows why or who did it. how in the world does this massive security breach happen? we are live at the bridge next. >> looks like a bleached american flag. >> one democrat says being in a union should be a civil right. really? do you agree with that? that debate coming up. ♪ ♪

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a mystery surrounding one of the most famous landmarks in the country. who scaled the brooklyn bridge? took down the american flags and put up the white flags you see here instead? robert moses joins us live. good morning. everyone has a lot of questions when it comes to the flag swap here. >> reporter: elisabeth, good morning to you. a lot of questions and a lot of security concerns as well. the it would american flags are back in their rightful positions atop the towers here on the brooklyn bridge. police say the group responsible for this stunt planned it and may have had climbing experience. new yorkers did a double take yesterday when they saw those bleached flags that had replaced the usual ones. police say they have video showing a dpriewp of people walking -- a group of people walking across the bridge about 3:10 yesterday morning and then ten minutes later the light

illuminating the flag on the brooklyn flag went out. then the same thing happened to the flag on the manhattan tower. police say the perpetrators used aluminum pan to flash the lights. this morning police are still looking for the suspects. that is the latest live from manhattan tower. >> robert moses, thank you for that update. brian? >> 14 minutes before the top of the hour. should unionizing be a basic right? that is what one democrat is proposing in congress. keith ellison is introducing a bill making it easier for workers to sue companies who will not organize. you shouldn't be fired for expressing intent to support union activity.

here to discuss what this means for the worker, republican pete snider. do you believe congressman ellison is on the right track? >> this is ridiculous. the world is far from tranquil. our southern border is being overrun, and the democrats in congress want to make unionizing a civil right and gut our right it work laws? it's absolutely ridiculous. it will trash our economy. >> it's already illegal to fire workers if they say they want to unionize. the facts tell a different story. if you look what happened in michigan when they became a right to work state, they went up 21 places in the american economics institute ranging of business friendly areas, also the highest salaries, nonunion workers. >> that's spot on. study after study shows right to work states like my home state of virginia have lower unemployment, more manufacturing jobs. this is something that the left really would love to do. they would love to make

unionizing mandatory everywhere you go, bake it into our civil liberties instead of protecting the ones that are being trampled on by the obama administration. this all happened at net roots nation where all the progressives get together. they were talking about rand paul's effort to sue the n.s.a. and protect our privacy. they were talking about hoisting federal mandatory laws on us to unionize. >> you're not also saying if there is a group of people that want to unionize, they should do it and not get fired; right? you agree with that? >> i do. but i think our economy does better in right to work states, period. >> the facts so far back you up. about half the states are right to work states now. pete snider, good job. thanks. up next, isis terrorists giving christians an ultimatum. convert to islam. leave or die. father jonathan here live with a message straight from the pope.

then orange is the new problem. why this hit show has one prison sherrif putting inmates back in stripes. >> when do we get out like everybody? >> i don't know. maybe tomorrow. when laquinta.com sends him a ready for you alert the second his room is ready,

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killed. the threat forcing thousands of christians to clear iraq's second largest city.

>> the numbers are dwindling. in 2003, mosul had 60,000 christians. by june of this year, there were 35,000. now there are reportedly zero. zero christians in that city. so what happens now? here with insider perspective is the patriarch of the syrian catholic church and father jonathan morris, fox news religion correspondent. good morning to both of you. >> good morning. thank you for having us. >> this deadline over the weekend, horrendous. horrific. following this, the pope reached out to you. what did he say? >> he just wanted to reassure me that he is praying for us, thinking of us. he really bears our life in his heart and he do whatever he can

to follow the situation and help christians in iraq, mostly in mosul you just mentioned because it's really tragic plight what we are going through. >> no kidding. father jonathan, over the weekend on "fox & friends," you talked about this story. a lot of people hadn't heard about it, that if you're christian in iraq, you either got to pay a fine, get killed, or convert. and where is the outrage? >> it's incredible what's going on. they're going to the houses and putting an end, standing for nazarene, saying if you're here, you better get out because you're going to be killed. you have all of these christians, catholics and other christians who are leaving with nothing. they're ripping up the deeds of your house, they're taking any family jewels or anything you have on you, leaving you with

nothing, saying you have nothing to do in a place where christians have been for 1700 years. and the international community right now, it's silent. >> absolutely. >> that's why it's such a blessing to have the him here saying he was here in iraq, in the beginning of july and saw it firsthand. >> yes. i was that weekend of 28, 29, 30 of june when i heard about the exodus of our christians from a town 15 miles southeast of mosul being threatened and told that they will be invaded like mosul was. so they just fled. everyone took what they could and they fled to the neighboring area. >> is your heart full of fear? >> out of fear because they

thought that the army that was on the border between them and mosul would be -- so they will invade their city and will do those atrocities as they did in syria, neighboring syria. >> father jonathan, our president talks about a lot of stuff. we haven't heard him talk about this. >> we haven't. he's been silent. there are people who are suffering tremendously. i'm going to put on my facebook and twitter people who want to help the christians fleeing with nothing and we're going to give an opportunity for them to help practically as well. >> if i may so, we have to pray to wake up our master, the lord jesus, who has been sleeping in the back of the boat as with the apostles who were drowning and they woke him up saying master,

don't care about us? >> that's a nice way to start the day with that message. father, thank you very much. >> thank you. may god bless you. >> god bless you.play david purdue from georgia next feet...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to ma, now may be time to ask about xeljanz. xeljz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can lower your ability to fight infections, including tuberculosis. seris, sometimes fatal infections and cancers have happened in patients taking xeljanz. don't start xeljanz if you have any infection, unless ok with your doctor. tears in the stomach or intestines, low bod cell counts and higher liver tes and cholesterol levels have happened. your doctor should perform blood tts before you start and while taking xeljanz,

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good morning. today is wednesday, july 23. i'm elisabeth hasselbeck. we start with a fox news alert. a major outsider victory in a georgia senate race. david purdue tops long-time republican congressman jack kingston. what this means for the balance of power in washington. purdue joins us live in just minutes. >> then michael bloomberg just flew there and this morning, secretary of state john kerry touched down there. i'm talking about tel aviv. this after the faa had banned all flights to israel from the u.s. we have a live report from the war zone and what that ban could mean to the israeli economy in moments. and here is some advice, if

you're out kayaking, try not to paddle onto the back of a whale. what were those people thinking? we're going to tell you the back story to that and so much more. we got a busy wednesday, hour two starts right now. >> it's time for "fox & friends" a big show coming your way. local politic, big primary win. we're about to talk to that candidate, as well as the latest of what's happening in the ukraine and israel. >> this morning we have a fox news alert. secretary of state john kerry touching down in tel aviv as the faa bans all flights to israel from the united states. john huddy is live in israel, along the gaza border with the very latest. good morning, john. >> reporter: good morning. along with the ban on flights, that continues.

there has been a lot of rocket attacks on israel. we saw some of those rocket launches earlier today as we were driving to a location. also coming out of gaza, speaking of rockets, i found this in the open area where we are. this is the back of a rocket that was fired at israel. we found it on the ground here. this is the artillery -- as the firing continues. this is where all the smoke is that, is east gaza. there has been an intense, fierce fighting over the course of the last six days. really the 16 days we saw this started. but particularly since the ground offensive started. east gaza now artillery fire is being fired. there is a section of east gaza. went in that area a couple days ago. israeli officials say it's been hamas stronghold, and in particular there is a hospital there. saw that hospital. it's getting targeted now. it's been evacuated. but military officials here in israel say that it's been used

as not only for rocket storage and launches, but antitank missiles have been coming out of there. fired at ground troops. by the way, overnight, two more israeli soldiers were killed in the fighting, bringing that total to 29. i want to show you something as well. if you can come back to me live here, there are troops on the ground in the distance. it looks like there is some kind of vehicle searching for tunnels at this point. that's been the primary objective throughout this ground offensive is to find hamas' extensive network of tunnels. some of which have stretched well into israel in this area here. so right now troops are on the ground looking for those tunnels. let's talk about diplomatic efforts. u.s. secretary of state john kerry is on the ground in israel. he's meeting with u.n. secretary general and later netanyahu. kerry released a statement saying some progress, quote, unquote, has been made, talking about the cease fire efforts,

though no details and there wasn't any elaboration about what kind of progress they're talking about. so at this point, again, that faa ban remains in effect and in the distance, the fighting in east gaza and gaza continues to rage on. back to you. >> john huddy live in gaza, thank you very much. it's an faa ban. it does not apply to israel's state airline el al. that is why mayor bloomberg, former of new york city, flew over there to show it's safe. fox news alert now, the runoff election for the republican senate nomination. david per do you narrowly defeating jack kingston. what does that mean for the general election because it could decide the balance of power in the senate. >> let's talk to him right now. he joins us live from georgia. congratulations, sir. >> thank you, good morning. >> how did you do it? >> well, i think our message resonated around the state that

the debt, the jobs and the economy right now are the critical issues around the state. we talked about alternatives to that. my opponent served this state very well for three decades and now we're going to be shoulder to shoulder to take our policies out to the voters of georgia this fall. >> the question out there, too, we saw in the last presidential election mitt romney getting hammered for being a successful businessman. do we see your opponent getting ready to use those arguments against your success. how are we going to see that? >> we've seen that this spring in the primary. my mom and dad were school teachers. we were raised in middle georgia and we worked on a farm. i've been blessed in my career. but the people of georgia want to talk about the critical issues of how to get this economy going and break gridlock in washington. >> so far we understand your opponent on the democratic side, of course, daughter of sam nun has got $9 million in the bank.

last month in a head to head x

that's what we plan to do this fall. republican party needs to take the senate back and take this debate forward to get an alternative on the table to replace and repeal obamacare. >> we'll see how that goes. senator chambliss did not vote for it. now, when you look at michelle opponent, she ran the points of life foundation for george bush, sam nun is somebody that's been a friend to many republicans. do you feel as though you have to position yourself as if you're running against something that's almost extinct, and that's a conservative democrat?

>> not at all. people in the state are very clear, this is 2014. we've got a crisis on our hands. the people of georgia know that and they want something done about it. that's why i'm sitting here. i was the outsider in the republican primary. now you're going to have two outside voices in michelle nun and myself. we'll be able to talk about the failed policies of this administration and talk about smaller government, lower taxes, and how to get this economy going again. that's what people of georgia want to talk about and we'll be able to do that this fall. >> jack kingston did call you last night, did he not? >> he did. yes. he was very gracious. we've been tough competitors in this runoff. but we've agreed to one thing. that is, look, we're going to be shoulder to shoulder to present the republican values of economic opportunity, fiscal responsibility and limited government to the voters of georgia this fall. we're very confident when they see that alternative, they'll respond positively. >> he beat three sitting congress people to get this

nomination. a very happy man. congratulations and the hard work is straight ahead. thanks so much. >> thank you guys. >> next up, first tuesday in november. >> that's right. our next up is heather nauert is here with some headlines. >> good morning. i've got news from overseas.

he's had enough. it flips the father and daughter over in the kayak. those are your headlines. argentina. i guess a lot of people would like to swim with whales.

>> right. i'm not one of them. let me tell you what's happening in sports in real life. super bowl winning coach tony dungee is getting hammered today because he came out and answered a question. the question was by the tampa bay tribune, would you have drafted michael sam, because he's the first openly gay athlete. would you have drafted him on your team? he says no. it would have been a distraction. he says he wouldn't have picked him. so he has gotten backlash because he said this. >> there is an attack against him for holding that opinion. we asked you what you thought. e-mails are pouring in. facebook, twitter is on fire. this is one person saying the press should give him credit for speak the truth. each player brings assets and liabilities to the team. if the celebrity of one player, regardless of circumstances

distracts from the mission, it's a liability. >> david tweeted out, i believe the media frenzied reaction confirms that he would have been a distraction. >> we're going to see how they react in the locker room. >> keep those opinions coming. >> he's entitled to his opinion, as are you. coming up, crises across the globe and here at home, so where is america's leadership and are we creating a void for our enemies to grow? captain pete hegseth reporting for duty on that. blowing the whistle on sports in america. is this woosification of america or something that's long overdue? ♪ ♪ woooo.

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with the chaos around the globe, questions are being raised about president obama's lack of leadership, from the malaysian plane disaster to the violence in gaza where secretary of state kerry is right now, to isis where they've told the christians get out or be killed. is the white house creating a power void that's allowing our enemies to grow or are we just helpless to the volume of controversy?

pete hegseth is the ceo of concerned veterans for america

>> maybe in aruba. >> yes, brian. that tranquility of this global community, it is as if we are not on the field. this president doesn't -- it seems he doesn't even believe that there is sort of a geopolitical game going on of forces of good and evil, freedom and tyranny in which america has been the lynch pin. he seems disinterested. i want a president who is doing

whatever he can to maintain american advantage and defend our interest and our allies. you got israel under siege. we're playing arbiter. >> as we try to get money into the military, that would send a big message that we're starting to bulk up instead of scale back. captain hegseth, thanks so much. >> thank you. next up, food stamps paid for by taxpayers going up in smoke. food stamps being used for weed and it's perfectly legal? meet a sheriff who says orange is the new problem. why he's putting inmates back in stripes. >> when do we get outfits like everybody? >> maybe tomorrow. ♪ ♪

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time for news by the numbers. first, more than 1,000. that's how many customer accounts on stub hub were hacked. cyber thieves then bought tickets for events all around the world. look at that. next, 300. that's how many jobs maryland governor just drove out of his state. the reason? gun maker baretta is moving its whole operation out of maryland thanks to the democrats' new gun control laws. finally, 259. that's how many times ebt and welfare cards have been used to purchase weed in colorado. food stamps buying weed. they spent $25,000 in money that should go to needy families. instead it went to weedy

families. when do we get outfits? >> maybe tomorrow. >> shut your mouth. >> well, all the inmates at one michigan jail are getting new outfits thanks to that show, "orange is the new black." >> the hit show. the sheriff says pop culture made orange jump suits cool and says black and white stripes are >> here to explain, sheriff william. good morning to you, sheriff. >> good morning. >> okay. so what were you noticing that caused you to get rid of the orange jump suits in lieu of those black and white stripes that your prisoners now wear? >> well, we regularly see citizens in public wearing orange pants and orange shirts that resembles our jump suits. also noticed health care workers, professionals in the hospitals that wear scrubs in different colors and we found a few of them wearing orange as well. predominantly people in the public wearing it, coming by the

courthouse, being out by our work crews and we didn't want there to be any guessing about whether it's an inmate of the saginaw county jail, so we changed the uniforms. >> what's been the reaction from the inmates? >> the reaction of the inmates, they don't like it. i had a few inmates tell me it makes them look like criminals. i said well, actually -- >> you don't want to label them. >> that's funny. >> well, i'm not trying to demean them. it's to identify them to provide good safety and security for the citizens. >> in the big picture, do you worry that prison will begin to look kind of cool? >> well, sometimes i worry about that. i know that there are individuals in certain cultural crazes go on where people wear the orange as a badge of honor and as you know, life sometimes imitates art and this is an instance that i don't like it and so again, we moved in that direction from a security standpoint. it was also a cost saving standpoint. >> what's your message to anyone who doesn't want to wear the

stripes? >> well, if you don't like the clothing i provide, don't come back. it's when they complain about the food or clothes, don't commit crimes and you won't have to wear black and white horizontal stripes. it's an easy thing to do. it's a choice. we're not trying to demean the prisoners, but we must identify them for our citizens. so if you don't want to wear it, don't come in. >> in other words, don't break the law. don't go to jail. >> don't break the law. exactly. simple message. >> all right. sheriff, thank you very much for joining us today. >> you're welcome. >> thank you. >> they feel it makes them look like convicts. >> boo hoo. >> all right. coming up straight ahead, one state blowing the whistle on full contact football in high school. is this the woosification of america or the right thing to do? and lights out at brooklyn bridge as american flags are white washed or bleached and authorities have no clue who did it. how in the world does this

massive security breach happen? we're going to discuss that as we roll on live from new york city, the home of that bridge with the white flag. ♪ ♪

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. >> natural symbols of surrender and as you can see it right here, it flew on top of the anotherly 300-foot high towers for hours and hours yesterday. surveillance video shows four to five people crossing the bridge about 3:00 o'clock in the morning and then a short time later, the lights went out and the waving american flag disappeared. police found aluminum pans and those were used to cover the bridge lights. at a closer look, the flags were really the american flag but bleached white. the nypd says whoever is responsible for this had training in climbing or construction. they do not believe that it's terror related or any kind of political statement. that's from the nypd.

in washington, the irs commissioner, john koskinen is back on capitol hill facing questions about the disappearance of two years worth of lois lerner's e-mails. it is the first hearing since testimony by irs attorney where he revealed he's not sure back up tapes containing lost e-mails exist or not. now the irs tech experts claim her hard drives were not destroyed and only crashed. the big question for investigators was that the crash, was it accidental or was it deliberate? more on that. a trip to florida turns into a nightmare for one family from indiana. their eight-year-old son, aidan, was playing in the ocean when he felt something on his right knee. it turns out it was a shark. >> i felt it, my eyes opened and then about a second later i started screaming 'cause it hurt so much.

i could see the teeth marks. it was pretty big. >> i heard him scream and i turn around and he was within arm's reach and i pulled him up out of the water. >> that poor little guy. aidan was rushed to the hospital. doctors say he suffered a six to seven-inch long cut on his leg. it was more than an inch deep. he will fully recover, it will take a couple months. california now limiting full contact practices at middle schools and high school youth football games. the reason? parents say they're worried about concussions. under the new rules, there will be no full contact in the offseason and teams are limited to 90 minute sessions twice a week for the rest of the year. this goes into effect january january 2015. >> no full contact in the kitchen. >> yeah. it's stormy in all places. >> thank you.

>> you guys feel the tingling? >> what are you -- chris matthews? >> i'm just saying there is a tingling on the couch on wednesday because it's trivia day. >> that's right. it's wednesday. hello, everybody. good morning. it's science trivia day. today's question, by the way, has to do with the urban heat island effect and it's basically the fact that pavement and concrete can keep temperatures a little bit hotter than what the thermometer reads everywhere else. roof, pavement and concrete can raise night temperatures in cities by how much? three degrees, eight degrees, 15 degrees or 22 degrees? how much warmer will the temperature be at night in a city versus somewhere else? >> i'm thinking b. >> i think it's more than 15. >> you do? >> yeah. >> we'll go with d. >> you're going to go with d? >> i'll go with steve.

>> i think it's around 20 degrees. i heard that once in a science lecture. >> steve, you are correct. it's 22 degrees. isn't that incredible? that a city can make nighttime temperatures 22 degrees warmer than elsewhere just because of the pavement and the concrete up here. >> you got a lot of cats on hot tin roofs on this town. >> it feels that way for sure. >> thanks, maria. >> thank you. >> that was your science trivia for the day. >> it was good. >> parents, are you sick of yelling at your kids from the driver's seat. toyota is unveiling a mega phone-like system in their new mini van. it's a reminder to our next guest on why he chose not to have children and why he[s9>(ñoo many laughs even talking about it. >> joining us is standup comedian and the host of fox tv's new show, " [ laughter ] >> the hecklers -- toyota has a

solution for the parents. what do you think about it and what would be your tip? >> my tip is not to have them. >> kids? >> yeah. i don't have any kids. people keep saying the same thing to us because we have dogs. so they say, oh, well you're practicing for children. to them i say you're probably a bad parent. dogs are much smarter than kids. >> we don't let the kids drink out of the toilets at our house. >> i own a home and i don't own any outlet covers. there has never been a moment when my dog was like, duh, like this never happened. >> exactly. and he's home right now, right? >> yeah, and i don't care. child services can knock down my door. >> you don't have the app to look at him and make sure he's okay? >> i'm sure he's okay. tv is not even on. >> if you have a kid, you can

brag to him and say, you should be so proud of dad, he has a new tv series and it's about laughs. >> yeah, but i can post that on social media. my ex-girlfriends will see anyway. >> making them know what they missed. >> exactly. i'm happy. it all worked out. i love my wife and they're nowhere to be seen. >> it's august 2 premiere, fox stations. tell us about it. >> "laughs" is a highlight reel for standup comedy. it's the best comics in the country. we go around every week, we find the best comics and show the homeruns, the slam dunks, the best part for their act and give information on how people can see more of them. so if they're somebody you like, then you want to go see them live, we tell what you club they're playing, where you can find out more, what their twitter is, and we help people discover some of the best comics in the country. >> there are a lot of them in this country. >> tons. >> many in washington. you're actually looking for comedians to be on the show, right? >> we're looking all over the

place. we're traveling to eight different cities in the first 13 weeks that we're doing it. we've already done tapings in louisville, indianapolis, new york, and l.a. and we're looking for more. it's fantastic. >> do they know you're there, or are you saying hey, if you're good, i'm going to put you on the show or you trio sneak in? >> i hope they know we're there. otherwise we'll have rating issues. yeah. they absolutely know that we're there live. and this is a thing where once we get picked up -- not if, once -- once we get picked up, then we're going to have the opportunity to introduce america to 400 new comedians a year, which is absolutely incredible. so if people enjoy comedy at all, they really have the opportunity to see it. >> people love laughs. good luck to you. >> we'll see you saturday nights? >> saturday nights on fox stations and then again on sundays on my net. >> good job. entrepreneur and very funny guy

giving comedians a great chance. >> good luck with the dogs. it's making national headlines, a man dies while being arrested in new york city by the police. [ bleep ] >> a community is outraged, but are we jumping to conclusions too quickly? peter johnson, jr. weighs in on that coming up next. and things get heated up during a live tv show. what sparked this brawl? you have to see the video. you're seeing some of it. it's next. ♪ ♪

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the country. this on the heels of the reported shootdown of a malaysian passenger jet last week. the united states hasn't found proof of the wrecked russian government involvement in the attack, but senior intelligence officials blamed moscow for supplying the missiles to rebels. steve? >> thanks, elisabeth. two new york city police officers are on desk duty after the arrest of eric gardner who died after this altercation with police. he can be heard yelling, quote, i can't breathe, a couple of times while an officer had him in what some are calling a choke hold. the facts of the incident being figured out, although many insist the altercation was racially motivated. bill bratten shot that theory down yesterday. >> i personally don't think that race was a factor in the incident involving this tragic death. >> okay. has there been a rush to judgment and what are the very latest developments?

joining us now is life long new yorker and fox news legal analyst, peter johnson, jr. >> good morning, steve. this is a controversy that's consuming new york and the streets of new york at this time. f.b.i. is involved. the staten island district attorney is involved and even spike lee has gotten involved, noted film maker. he said on a tweet, the gentle giant watched the video, what he did is take a piece his movie "do the right thing" and confuse it with a video that was at the scene where mr. gardner was arrested and his subsequent unconsciousness and brought them together in an inflammatory way. >> what do we know happened for sure? that's an image from the cell phone. >> we know mr. gardner was allegedly selling what's called lucys, cigarettes, untaxed cigarettes at 75 cents apiece. allegedly he had broken up a fight on the street previous to that. police came on the scene. they decided to arrest him.

the video apparently shows that he resisted arrest and one police officer, along with other police officers, uniformed and nonuniformed, came up behind him. i'll show you exactly what he did. we'll talk about what the controversy is. the allegation is that he performed a choke hold with his hand behind him in an attempt to bring him down. >> you can't have the arm right there. >> a choke hold is something that will crush the wind wipe and can cause you to die. the issue, is it a choke hold? the second issue, which is illegal under new york police department patrol regulations, did the choke hold cause his death? >> 'cause he did die later. >> he did die. an autopsy is going on now. as i said, the d.a. and staten island is looking at it, the f.b.i. has gotten involved. even al sharpton has gotten involved with the national action network, calling for robust investigations, arrests

and indictment of the police officer who was involved in this incident. so it's caused a fire storm in new york city. we've had similar incidents in the past involving the use of the choke hold which as i said is prohibited by the nypd. it's all going to come down to the medical examiner's report because they will determine did the choke hold cause the death or was there some inherent instability in mr. garner's medical history? did he have an arrhythmia? did he have a heartbeat that beat too fast? did he have asthma or some other condition? we know he had asthma. there is also an issue with regard to the conduct of the emergency medical technicians and paramedics on the scene who, according to one report, did nothing for six or seven minutes, except feel the carotid artery to see if there was a pulse and he was breathing. a lot of questions. i'm sure it will go on for a long, long time in new york city and there will be a lot of controversy of the race card has

already been played on this issue. >> it has been. >> although there is no proof at this point of any racial discrimination. >> i think your advice is good. we wait for the medical examiner, and then we'll see what happened. >> thank you very much. >> be well. coming up, a mom uses her iphone to track her teenage daughter's every move. is that normal or is that nuts? dr. keith ablow is in charge of that department. he joins us. first on this date in 1980, "it's still rock'n'roll to me" by billy joel was the number one song in america. i think before he wrote "uptown girl." ♪ ♪ !hs. they're irresistabowl... completely unbelievabowl... totally delectabowl. real silky smooth or creamy broths. everything she's been waiting for. carefully crafted with real seafood, real veggies,

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here is a quick headline i want to share. tensions high in the ukraine parliament. understandably so. a fight just erupted following a vote that called up more reserves to defend the country against the increasing russian troops on the nation's border. a brawl breaking out during a tv interview after a guest threw a bottle of water at his rival before trying to attack him with a chair. how do they act in the green room? two months ago on this same show, guests started violently shoving the interview desk on the set. >> that's a cheap desk. >> until it collapsed. >> looks frankly familiar. >> one day junior said, you stole my format. that's what's happening in the >> who is normal and who is nuts? it's a question we ask dr. keith ablow every week and he joins us now. hey there, doctor. >> hey there. how are you? >> so we've got some e-mails coming in.

first one says, i have a divorced friend who won't go to certain restaurants he frequented with his ex in order to keep his memory tarnished. she has remarried and moved on. >> is that normal or nuts? >> sad but normal. here is the thing, complicated grief reaction, yes. but listen, he loved this woman. maybe he still loves her. he's raw. this is more of a love story than it is a story of pathology. does he need some therapy? sure, maybe he does. does he need a new girlfriend? probably. but i'm not going to call him out. >> what if they live in a town where there is only one restaurant? suddenly your choices for takeout is limbed. >> i hop. >> that would be a problem, i agree. then there is the next town over and he's likely to meet somebody very kind. >> number two, whenever i witness someone being injured, either in person or on tv, i often experience a slightly

painful sensation in the center of my chest or tingling up my arm. is this normal or nuts? >> it's better than normal. that's not nuts. normal. but super normal. it's great. what are you describing here? you're describing human empathy. this person feels for other people. instead of calling it pathological, why not call it a gift, see if you can develop it. maybe you're very connected to people. >> our final query of you is my sister tracks her 14-year-old daughter and her friends anywhere the teen-agers go with an iphone tracker. normal or nuts? >> i knew we'd get one. nuts! that's crazy. >> what if she's worried about the safety of her kid? >> here is the delusion involved. you can't tell whether your daughter is safe by her location. secondly, instill trust in her. don't try to track her. that's no answer. or you could say this, hey, where were you this afternoon?

i was at the supermarket. no you want. you were at the high school. >> exactly. >> then you know you can trust that person. >> there you go. cross-examining is a good way to raise your kid. no, i'm kidding. >> dr. keith ablow, two in a row. if you've got questions for dr. keith, e-mail them to us. >> who knows what tomorrow holds. fox news alert. moments ago, two fighter jets were shot down in ukraine. a live report from the ground straight ahead. and a veteran gets trapped inside a v.a. clinic. how in the world does this happen? >> 911, what's your emergency? >> hi, i want to report that i apparently got left in a v.a. facility, medical facility, and the alarm has been going off. ♪ ♪ big meeting.

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good morning. it's wednesday, july 23. i'm elisabeth hasselbeck. we begin with a fox news alert. while you were sleeping, a major victory in the georgia senate race, outsider david purdue tops long-time congressman. hear from the candidate and his first interview since getting the win. they stumbled across the border illegally. now they need your help. >> what's your emergency? >> yes, somebody speak spanish? >> (speaking spanish). >> a small texas town forced to answer 911 calls from stranded illegals in spanish. one of those sheriff's deputies joins us live today. most veterans beg to go get inside the v.a. but this one is begging to get out? >> 911, where is your emergency? n hi. well, i want to report that i apparently got left in a v.a.

facility, medical facility, and the alarm has been going off. >> incredible. veteran locked in the waiting room and the staff went home. mornings are better with friends. >> it's time for "fox & friends" >> well, it was six days ago that the rebels shot that jet liner out of the sky and this morning we've got a fox news alert out of ukraine. moments ago, ukraine's military revealing pro-russian rebels just shot down two of their fighter jets as fighting flared up again in the east. steve harrigan is on the ground with the breaking details from ukraine. all right, tell us the latest. >> reporter: these two f jets went down a few hours ago. they are soviet made fighter jets, single piloted jets from about 1970s used by the

ukrainian government against the rebels. all this is happening not far from the crash site, 40 miles from where i'm standing. it looks like they were shot down with advanced surface to air missiles. that's with it would take to bring down a fighter jet of this nature. so six days after this tragedy when people thought perhaps there would be a pullback, the reverse is happening, going ahead, knocking more jets out of the sky. rebels apparently using similar or the same surface to air missiles to knock down two single piloted government jets not far from this crash site where any hopes of carrying out a careful investigation in a hot war zone is very challenging. steve? >> all right. steve harrigan live in ukraine with the very latest. what we learned in the last one was we've got the technology, the satellite technology to figure out where those particular surface to air missiles were shot off, if they're in rebel areas, this should be easy. doesn't look like the rebels learned their lessons. >> they didn't. they're in a war. we told the russians you better

scale back and called for a cease fire. told them to stop doing this, stop supplying the russians. we're not supplying the ukrainians, those russian separatists who are basically russians. what do they do? shoot down two more planes. so want the threat of an embargo or the sanctions from western europe? i don't even think so. you think vladimir putin is shaking? obviously not or else that wouldn't have taken place. france yesterday not only did not offer sanction, they off the record to continue their sale of warships to the russians. european foreign ministers met yesterday and they're looking to speed up the would be sanctions on russia, whatever they determine them to be. does that sound like a scary statement? >> in britain were appalled that the project was continuing in terms of construction there. >> incredible. >> we were also asking yesterday, does the president's word matter when he says cease fire, when he asks potato ton make things more peaceful? is it being heard? today with this happening, it doesn't seem like it's falling

on ears that are listening. >> you know, before they shot the jet liner out of the sky, they had already shot a couple of other military planes. we probably wouldn't even have noticed it, unfortunately, had they not killed all those people on that particular jet liner. now they're just back to the same monkey business they were at seven days ago. >> the new anti-airplane missiles are relatively new. they shot down three cargo planes overall. that shows the russians are giving them more technology instead of telling them to back out. instead, essentially saying we're doubling down. >> putin's rebels, putin's equipment. you be the judge. five minutes after the top of the hour. heather nauert has a whole bunch of other news. let's go to gaza. >> good morning. i've got another story about airplanes. this morning, secretary of state john kerry touching down in tel aviv as the faa bans u.s. airliners from flying into that airport following a rocket attack in a neighborhood that was about a mile away from the

airport. it is a 24-hour ban and expires at noon today. the faa is reevaluating and will announce this morning if they will extend that ban or not. several other countries have also suspended flights to israel because of the escalating violence there in the past two weeks, more than 2,000 rockets have been fired, killing nearly 700 people. could be one of the most watched senate races in the entire united states. in georgia, this david purdue defeated a long time incumbent in a runoff. he will face michelle nun in the general election. it's to replace retiring senator sax bee chambliss. he said this about his strategy early or on "fox & friends." >> you run against harry reid and barak obama and nancy pelosi and the failed policies of the last six years. people in this state are very upset about the performance in washington right now. that's exactly what we're going to do. this candidate, michelle nun, i have a lot of respect for her, for her work and her family.

but she's going to have to defend the failed policies of the last six years. >> republicans holding that seat will be key to getting six more seats. they need that in order to control the senate in november. a warning out before you eat breakfast. popular summer fruit is apparently contaminated with listeria. it's now being recalled as a result. merona packaging company sells fruit. they're being pulled from shelves across the country. they've been sold at stores including costco, trader joe's and wal-mart and kroger. no reports of anyone getting sick so far. this story is unbelievable. it's really going to leave you shaking your head. listen to a 911 call made after a veteran realized that he was all alone and he was locked inside a v.a. clinic in florida. >> 911, where is your emergency? >> i apparently got left in a

v.a. facility, medical facility and the alarm has been going off. >> jeffrey duck said he went to see his doctor for a prescription refill for his pain medication. he ended up waiting three hours. he then figured out he was the only person inside the building, so he whipped out his cell phone and recorded the video walking around the lobby. look at this. >> here i am inside the v.a. and everybody has gone home. >> can you imagine? the v.a. has since issued an apology. duck saying he's not angry. just disappointed. >> if they can't keep that straight, then how are they going to keep the more important things straight? it's just an indication that there is still a lot more for them to do. >> the v.a. says it's working to make changes and make sure this does not happen again. he walked in about 1:00 o'clock. three hours later, they locked the doors. so 4:00 o'clock, nobody is around.

not quite sure why. >> that guy is going to be on our show tomorrow. we promise not to keep him waiting. >> we won't lock him in either. >> and we will not leave him alone. >> thank you very much. let's talk about the big fox news alert from yesterday. the dc circuit court of appeals, the number court in this land said the obamacare subsidy attention being used in 36 states through the federal exchanges are illegal because the way the law was crafted by democrats and only democrats, it said you can only get the subsidy money through an exchange established by the state. 36 states didn't sign up, so they won't on the federal exchanges, which were invented by the federal government. that court says that's illegal. however, there was another, the 4th circuit, almost simultaneously, they came out and said we don't have a problem with it. that was probably heading for the supreme court. >> that's exactly what the forecast is looking like, it will travel up there. the government says they're going to continue to pay out

those subsidies until that final ruling comes through. >> of course. >> so here is jonathan turley on are we are right now. >> it will be a bloody mess. the problem is that the president was found by the dc circuit to have exceeded his authority, to have violated again the separation of powers. but in this case, their violation led to the commitment of hundreds of billions of dollars in the past and future years and that is a serious problem. i don't see how the aca can survive without this system, at least in the form it was originally designed to have. does that mean it will collapse? it would collapse unless congress would be willing to make massive changes and massive subsidies to back those up. >> the first ruling says the taxpayer dollars, the president had no authority to spend them. he has no authority to subject millions of employers, individuals to taxes, that he had no authority to impose.

game on, supreme court. so now they're going to take these two cases and come up with an overall ruling. again, we'll have the drama at the supreme court that could have this bill live or die. >> when you have a constitutional lawyer say what he just said, this could be just the end of it entirely. he had eyebrows raised across the nation. >> sure, because he has been talk being how this administration has done all this executive overreach. in this case, the democrats in congress passed one thing, but then the administration through the irs, interpreted it another way. now at least one court says not illegal. there's a real good possibility before it gets to the supreme court the administration could actually ask for a review by the entire dc circuit, which this administration has done their best to pack with left-leaning judges. >> 544 million people, especially listening very

closely to this talking point we're going through 'cause they've signed up for obamacare. 87% of them receiving subsidies to have their insurance. so they're going to get paid for in some way, shape or form. the gao thought, i have an idea. let's just make sure this thing is on the up and up. so let's run a sting operation with 18 people. >> yeah. so 18 people, sole applications were created here. 12 of them applied on line and by telephone. six started looking for in person help. they had all false information, documentation was bogus. guess what? 11 out of the 12 of those false applications for subsidies went through. and their sole beneficiaries are still receiving the subsidies. >> people that don't exist. >> people that do not exist on information that was false. 11 out of 12 is what they found in the sting. >> so that was in the sting. how many people in real life are getting subsidies paid for by all of us through the generosity of the federal government?

how many of those people simply are not entitled to them but are going to take them because is anybody really looking out for our cash? doesn't look like it. >> 12 minutes after the hour. here is what's straight ahead. they crossed the border illegally. now they need your help. >> 911, where's your emergency? >> yes. somebody speak spanish? >> speaking spanish). >> wow. one of the sheriff's deputies from the small texas town that's being forced to answer those type calls from people who don't belong there. >> and you never know what's lurking under your kayak. it could be a whale. take a look at this. >> bad place to park. ♪ ♪

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small town 270 miles south of houston, illegal immigrant are learning the hard way there is a deadly cost to crossing the border. listen. >> 911, what's your emergency? >> somebody speak spanish? >> (speaking spanish).

>> wow. just one example of the 911 calls bombarding the brooks county police department. not only are they understaffed and lack resources, now they've got to deal with illegal immigrants who have no business being here. martinez is the county chief deputy. chief deputy of brooks county. we appreciate you joining us, sheriff. first off, when you're hearing that call, how unique are calls like that to you? >> those calls are -- they have a crisis. we need to respond to them. those are pretty regular calls on a daily basis. >> so those calls, you have to respond to, even though for the most part when you get there, you realize they're not even american citizens?

>> that's correct. but they're on u.s. soil and due process comes into play and that's the way we're taking them as. >> you have 129 a couple years ago. you're heading this year on average, if it continues, with another 87 who have lost their lives by the time you get to them. they're dead. so far you've recovered 43 corpses. to date. here is another example of the 911 call that came in to your people. >> 91 s state your emergency. >> hello? >> (speaking spanish) >> sheriff, they're coming across the borrowedder and haven't had anything to drink in

three days. what do you do? >> well, basically what you try to do when the call comes in, it's not as easy as one, two, three step procedure. all you do is kind of get an idea to where they might be at. our brush area is vast. it's thick. vegetation is good. it's difficult. we can just maybe get within 500-meters of that particular call. >> so sheriff, the thing is, a lot of these men and women sneaking across the border illegally coming here are going off the main paths and that's how they're being led by their so-called escorts, coyotes, because they don't want to get caught. there is also no people around to help them, which makes things twice as hard for you when you have to get there quickly. >> absolutely. this is why we also realize the local border patrol office that we work closely is, as a result of the border not being secure,

developed on our frontan crisis step. >> deputy, real quick, you chronicle harrows situations where you have hundreds of these tapes. what do you want the message to be to washington and everybody else watching? >> they need to have a sincere dialogue. forget about the republican or democrat side. sit down and have a sincere dialogue where we can actually resolve this issue. it has to be resolved. as long as they keep stalling it, this is going to continue. it's going to continue to where our funds are going to be depleted. >> thank you so much. >> thank you. coming up straight ahead, we change gears. food stamps paid for by taxpayers going up in smoke. welfare being used for pot and it's perfectly legal? we'll examine. atheists aren't giving up the fight to get rid of the steel beam from the world trade

center that were found in the shape of a cross. will the atheists win this one? where the case stands next. ♪ ♪ really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms...

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we got quick headlines for you. a deadly stand-off in texas ends in a shootout with police. two officers were wounded while serving a warrant on a murder suspect in the rio grande valley of la joya. 29-year-old suspect was killed in the gun fight. new develops in the case of a marine's missing pregnant wife in california just released

court papers reveal aaron corwin may have been having an affair with her married neighbor when she disappeared three weeks ago. and the baby could have been his. cops believe she was shot while the two were on a hunting trip. that's the news. it was a symbol of hope on america's darkest day. two intersecting steel beams in the shape of a cross found in the rubble of the world trade center. rescue workers use it to pray. but atheists say there is no way this cross should be allowed inside the 9-11 museum. my next guest has promised a fight the latest lawsuit. thanks for being with us this morning. american atheist group had this to say. christianity deserves no special treatment just because it demands it or because the world trade center was made from cross beams. they're looking to get that

cross out of this memorial. do they have a case? >> not at all. as you mentioned, the cross is not in the museum as a station of worship. it's not there to honor christians. it's will as part of the story of ground zero. it's displayed in a section of the museum dealing with how rescue workers dealt with the tragedy of 9-11. it's a story of how americans turned to god, family, country, community to find hope, to find inspiration and to overcome this horrible tragedy. and just because some people were inspired by god doesn't mean we have to hang up a plaque that says atheists died here, too, which is what they're asking for from the courts. >> eric, i have a question here. so the american atheists are making strong allegations here that just reading newspaper articles about the display of this cross caused them stress, headaches, and indigestion. some would make the argument that that pales in comparison to all that was suffered and lost that day by 9-11 families and

first responders. why in the world would they have a right to take away a symbol of hope that exists there today? >> that's right. the constitution is not your mother. it's not there to make sure that every boo boo you experience in the real world gets kissed better. and even your mother sometimes says okay. so you bumped into a cross, into the museum. stop crying, brush yourself off. move on to the next exhibit. this is not a constitutional crisis. and it trivializes the sacrifices that thousands of people made over this issue. >> should those that have already suffered and lost so much be faced with this challenge here? angst that it's causing to the families of 9-11 perhaps and those first responders would also be a case, no? >> that's what we are trying to tell the court, thatu:hñp4 loos case never should have been brought in the first place. the museum spent three years fighting this. not every community, not every organization that has some

mention of god or some mention of religion can afford to pay for that kind of a fight. the court should be clearing these kind of cases up. this is a playground fight. we live if a pluralistic society. the court should be saying, look, learn to work this out, respect each other's differences. and really be respectful of those people who died in 9-11 and the many rescue workers and others who paid a great sacrifice in an effort to -- in the course of the recovery effort in 9-11. >> sure. many of those, if not all, say it's a symbol of their hope. the atheists filed their brief and we're waiting for the court to respond. thank you for being with us this morning. >> thank you. coming up, terrorists in iraq giving christians three option. convert, pay up or die. why aren't you hearing about this? we're going to tell you. then white flags replace american flags overt brooklyn bridge and still no one knows why or who did it.

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>> it's your shot of the morning. kayakers got way too close to two whales in argentina. the boat lingered on top of the whale for a while before the massive mammal says they've had enough, flipping the father and the daughter over. >> yeah. i heard about this story. they saw this one whale and then saw a whole bunch of them. if you spot a whale, you would think, well, i'll point to it. i won't go up to it.

i give these people, whoever they are, tremendous credit. >> they're lucky to be alive. >> you don't want to get on the wrong side of that blow hole. >> tell me about it. >> we've all been there. >> we have some headlines. >> we have breaking news. ukrainian military revealing pro-russian rebels have just shot down two of its fighter jets as fighting has once again flared up in the eastern part of that country. in the meantime, the planes carrying the first bodies of the victims of the malaysia airlines crash are set to arrive in the netherlands at any moment now. this while british investigators are starting to look at a pair of the black boxes to try to retrieve data on the flight's last minutes. we'll watch that story out of there this morning. back here at home, who scaled the brooklyn bridge and replaced the american flag with these flags, these white flags? we all know it's the symbol of

surrender. they flew on top of the nearly 300-foot high tower for hours yesterday. surveillance video shows four to five people crossing the bridge about 3:00 o'clock in the morning and then a short time later, the lights go out and the waving american flag disappears. aluminum pans were actually used to cover the light and then at a closer look, the flags were really american flags that were bleached white. the nypd says they believe those behind this have some training in climbing or construction. they don't believe it's terror related and don't believe it's any kind of political statement. in iraq, isis is issuing an evil ultimatum to christians in iraq. convert, pay a tax, leave or be killed. christians in mosul are now fleeing with just the clothes on their backs. it is one of the oldest christian communities in the entire world. it dates back nearly 2,000 years. now that community faces

extinction. earlier today the patriarch of the syrian catholic church and father jonathan morris joined us with an insider perspective. listen to this. >> it's really tragic plight what we are going through. >> they're ripping up the deeds of your house, they're taking any family jewels or anything you have on you, leaving you with nothing. saying you have nothing to do in a place where christians have been for 1700 years. >> recent data showing christians face the highest rate of religious harassment in the middle east and north africa. hundreds of marijuana users are buying weed on your dime. the national review report said welfare recipients in colorado are using their ebt cards as marijuana retailers. the cards have been used more than 250 times in the past six months, total withdrawals of $25,000 in welfare benefits. some are saying it could be buying pot, it could be buying groceries. but those are your headlines.

now colorado starting to restrict it. this is the moment retired army staff sergeant and his military dog were reuniteed. they are battle buddies who put their lives on the line for one another. >> you know what? this morning they are joining other human k-9 teams and heading to capitol hill. peter doocy is with them in our nation's capitol and joins us live. peter? >> reporter: we've got four american heros right here. we've got jason boss, army veteran who you just saw, and marine corps vet sergeant dino miller and their two dogs, both seven years old. here is sela and that is thor. you saw the video with sela. you were four years as her handlers. you came back with back problems four years ago and retired.

you didn't know if you would see her again. >> no, i didn't. i was really surprised and thankful i was given the opportunity to get her back. i've had a lot of help from family friends. this organization has done a really good job of helping us get our dogs back. >> reporter: sela is so calm here. what does she help you with? >> she would do active searches. pretty much just trying to keep the soldiers safe there. >> reporter: tell me about how it was that you got reunited. >> i was in contact with her previous handleer and they told me when it was time to retire her out, they would contact me and they did. >> reporter: can you tell me about how thor was the only dog

that was listed to you in the marines. how about now? >> i got three dogs back home. they all listen perfectly fine. but when we went to the corps, they ran three or four dogs separately and he was one i wrote down. >> reporter: how were you reunited with him? >> as soon as i got out, i went through the senator's office and she got me in touch with all the right people and i put in adoption paperwork in 2011 and i finally found out he was available in april of this year. >> reporter: you said that you used facebook to get in touch with the dogs. a dog? >> definitely. facebook really helps out when you have people around the world, other soldiers. facebook definitely saved us. >> reporter: what are these dogs like at home? how are they different than when you're out on a patrol? >> now she gets to lay on the

couch and eat all kind of goodies and be retired. >> reporter: what is really amazing about these dogs, the american humane association who will be on capitol hill a little bit later on today says that each dog like these two saved between 150 and 200 servicemen and women when they are deployed. it is an amazing statistic and we're so lucky to have them here with us in washington. back to you in new york. >> very well behaved. all right. peter doocy with four heros. thank you. >> thank you all for your service. >> dogs were behaved and so was peter, as well as the veterans. >> i love to see those battle buddies reunited. >> great story. coming up, thousands of apple geniuses staging a revolt. what? find out about that. and they dedicate their lives to fighting for our country and the government's giving them pink slips. the military families and the price they are paying for washington's problems coming up

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fox news alert now. a few hours from now, the faa will reevaluate its ban on flights into tel aviv. the current 24 hour ban expires at noon. secretary of state john kerry is currently in israel pushing for a cease fire. and celebrations resume jesse ventura says chris kyle lied in his book. in testimony videotaped before he was killed last year, kyle says that story was indeed true. apple facing off with 20,000 of its current and former geniuses. they filed a class action lawsuit claiming the company did not offer timely meal breaks, rest breaks, and final paychecks.

steve? >> all right. the pentagon handing out thousands of pink slips to military officers all across the country and around the world. it's supposed to save money, but at what cost? our next guests have two sons devoting their lives to the u.s. military. as americans, they're proud to be parents, but as parents as well, they're also afraid of the direction our country is heading because of their children. greg hancock and his wife join us now from harrisburg, pennsylvania. good morning to both of you. >> good morning. >> vicky, let's start with you. the news came out that over 1,000 u.s. captains in the army are getting pink slips. the same day that news came out, what happened at your house? >> our son was sworn in to the united states army. >> that's kind of scary for you as a mother to think about his future then if people who have decided to make the military their career suddenly are looking for jobs.

>> right. and our son is looking to do that and it's very scary, very. >> yeah. greg, your older son, keegan, is in the marines. he's been there for a while. what are you worried about regarding him? >> well, both of our boys are really looking forward to make the military their life, their career. both of them actually forewent college. we have a strong military history in our family. our younger boy, cameron, he's looking to make a career in the mp ranks and like to get into the officer ranks. when you start to see these things happening where officers with ten, 12 years getting their hispanic slips, it's disheartening for him and for me as a father. >> sure. and as well, greg, just the fact that your son, who is a marine proudly serving his nation, he's looking to the future, but

currently, what is he, at the poverty line now or below the poverty line? >> well, he, like a lot of them, when you're in the lower ranks of the military, the e.-1 through e.-4 and 5, all those troops are below the poverty line. i don't think a lot of people in this country understand that. >> yeah. >> that's a sacrifice. >> absolutely is. so vicky, as your youngest, cameron, is thinking about the military, he's now pledged to become part of our military, are you thinking in your heart, maybe this isn't such a good idea. maybe he should think about something else? >> yes, i am. up until this show right now, he didn't know that. we support him 100%, but it's very scary. i mean, you have people getting pink slips that are still in combat and i saw an interview of a military wife worried about where they're going to live because they had planned on

making this their career, their life. here is my son wanting to do that and is like, women. is this how we repay our military? no. we need to take care of them. >> and our vets, steve. one of the things that really upsets us is what's happening with the vets and the veterans administration. when you see secret lists, lies, mail being shredded and people getting bonuses, bonus pay, gift cards, incentive pay and my son who is 17 joins the united states regular army, you know what he got? he was given a t-shirt and a water bottle. some things in this country are pretty upside down right now. you wonder where our priorities are sometimes. >> exactly. >> vicky and greg and greg, a proud u.s. military vet, we thank you very much for joining us today from harrisburg. good luck to cameron, who has got a big baseball project this summer trying to raise money for the wounded warrior project. thank you both.

>> steve, if i could, if your viewers could check out his web site, charity softball game.com. a lot of information on that regarding the wounded warrior project that my son put together. >> you're a good father, getting a plug in for your boy. >> i appreciate that. >> thank you. straight ahead, rent a house and refuse to leave? thanks to government regulations, you might have the right. that's coming up next. right now let's check in with martha mccallum who is joining us today with a show at 9:00 o'clock eastern. >> good morning. turns out lois lerner's hard drive was crashed, but not erased. what is really going on here? the cat and mouse game may be just about over for the irs. a new study says it's fairly easy to get obamacare subsidies, even if you don't exist. we'll tell you about that and new information about the american flags that were mysteriously replaced with plain white ones on the brooklyn

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thanks to our local and national leaders, we've got more than 100 million pages of rules and regulations on the books. and it's not always a good thing. >> time for an example of a case out in california where a guest rented and home and now refuses to leave. they say they have the legal right as squatters. >> joining us is legal expert and author of the rule of nobody, philip howard. good morning to you. >> good morning. >> the rule of nobody, what does that mean? >> it means is we've replaced authority with lots of millions and millions of words. so no one has authority to

balance the budget. nobody has the authority to pull pull -- the teacher doesn't have the authority to run a classroom. >> how bad is it now? you talk about laws being laws and there is no end to these laws. >> yes. it's like a progressive disease. over the last 50 years mainly, detailed regulations and lawsuits, piling up like sediment. now people can't do anything, talk to any mayor, any governor, all these mandates prevent them from making sense of their daily chores. >> they're preventing people from doing their job and enticing people to take advantage of those words and pages of this law, to go after someone for a lot of money. how do we simplify the laws? we see this, doesn't seem like an easy solution. >> it's actually easy conceptually, but we have to change our public debate from arguing about policy to arguing about putting humans back in charge again and having a big clean-up program. >> where do you start? do you start up top or small

towns? in counties and states? >> you can start at any level. school bureaucracy, for example, is a complete nightmare. you can start there. but ultimately federal law which kind of drives the train here. federal law needs to be recodified. you need to go area by area and radically simplify it so people can understand it, number one. and secondly, that it gives people flexibility to actually make sense of daily choices. law is not supposed to replace freedom. it's supposed to be a framework for freedom. >> let's hope congress is listening because they are responsible for a lot of laws that have gummed up the works and now they have the responsibility, you say, to change it. >> they do. but they don't have the idea. it's going to require movement, an outside movement. >> the name of the book is requesting "the rule of nobody."

>> thank you. coming up, according to a new study, kids no longer want to win when they play sports. they just want to try. is that good? >> i got fifth place, dad! nexium®,is now available, without a prescription for frequent heartburn. get complete protection.

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here is some good news for you as we have one for the road for you on this wednesday. you know how often do you hear you got to get eight hours sleep? there is a new study out of arizona state university where they say it's not eight hours. it turns out you should get seven hours is actually best. it helps with cognitive performance and 20 minutes less can impair your memory. if you got between 6 1/2 and 7

1/2 hours sleep each night, you actually lived longer. >> wow. okay. the media circus surrounding lebron james to cleveland did not do his neighbors any favors. thousands packed around the streets of his mansion. what did lebron do? he send them all a personal apology with cupcakes. he says he's sorry for the chaos and hope they enjoy the cherry cola treat. >> it's still a good story when you go home. meanwhile, according to a new study published with the journal for activity and health, they asked the question, why are 70% of kids quitting sports before the age of 13? here is what they came up with. it's not about winning or losing. it's about having fun. yep. 81 specific states, some of the reason they played, because of the positions, because they can learn from making mistakes. they can like being around friends. those are the reasons they play sports. it's not to win. >> so cindy lauper is saying girls just want to have fun.

you're saying kids just want to have fun. >> i think that's good. cindy lauper is a great philosopher. >> turns out girls do just like to have fun. >> thanks very much for joining us today. see you back here tomorrow. >> breaking news. test test test test >> that is the same area where nay have been blocked and good morning. i am bill hemmer and welcome back martha. >> good to be back. i am martha maccallum. there is no word on