who came to court and testified are responsible, nobody working for the government is responsible. i am responsible. >> he spoke emotionally about trying to make good of his life now. he spoke lovingly of his parents and his children. >> finally my precious quinn who i love more than any of you could ever image. and i am so close to and so, so grateful for. so grateful for quinn. i am grateful for all my children including my son blaine who we lost years ago. >> fox has now confirmed from a law enforcement official that it is unlikely the just disdepartment will retry john edwards. >> bottom line the prosecution could not prove he did anything illegal. >> interesting he mentioned quinn his young daughter with rielle hunter. he mentioned every one every child he ever had. >> the john edwards trial is the big talk this morning. we are learning the prosecution will most likely not retry the case. greta van susteren with her analysis. >> it seemed very unlikely from the outside that the prosecution would do it. it is expensive to try cases. they lost a big case. the prosecution couldn't even make the conspiracy count. it's an easiest count for the prosecution to make. you have to agree to commit a crime. the fact that the jury didn't reach a verdict on that reflected a little bit on the whole case of the prosecution. >> also making news this morning in the john edwards case. he told sean hannity about being on the witness list for the prosecution. listen to this. >> there were 6 different fbi agents that either came to my house on two or three different occasions i was interviewed a couple times deposed by the prosecution attorneys in the case. i am just one person. there were lots of people on that list that were never called, and for this result. it was a tremendous waste i think of fbi and justice department resources to get this result. >> the charges being obscure ambiguous a novel approach by the prosecution was really in the jury selection in terms of the people may have evaluating in this case. >> time for your top 5:59 o'clock. the massive wildfire in new mexico is growing to 190,000 acres overnight. it is just a sign of what has happened in the west. the wind is a dangerous combination that will fuel the flames. crews need to prepare for it to be bigger and spread to areas firefighters can get to. 300 square miles. it is the largest wildfire in the state's history. in just a few hours former president bill clinton heads to wisconsin to campaign against governor scott walker. walker is ahead of tom barrett in next week's recall election. in last night's debate walker and barrett traded jabs over what else? >> it is ultimately about whether or not we want politicians to back tough decisions. i for years people complained politicians don't take on the tough issues. exa exactly what we did. >> you want to pit people against each other that's the way you operate. getting heated the election on tuesday june 5th. >> republican presidential nominee mitt romney. nancy reagan in a statement she says ronny would have liked governor romney's business background and strong principal. i do, too. he has experience of a leader the country desperately needs and i look forward to seeing him elected president in november. >> the obama administration on whether to take action in syria. authorization by the u.n. is necessary and he is urging the international community to get more involved. >> this is an intolerable situation. we cannot be satisfied with what is going on. and the international community has got to take further steps to make sure that assad is out. >> military action without u.n. approval is becoming the most likely scenario. nasa for a cosmic collision? it's not for 40 billion years. they will have a head-on encounter with the neighboring galaxy. it will happen when the sun catapults across the galaxy. the earth will not be destroyed by that collision. that's a good thing. but none of us will be around 4 billion years from now. that's the latest. it's 7 minutes after the hour. time for the first degree weather update with janice dean. she has the radar. >> happy friday, ladies. r wouldn't you hue. >> we have potential for showers and thunderstorms crossing over the ohio valley in toward the central appalachians as the system lumbers east wad. much of the west remains dry and warm. look at that in a second. look at all of this aktity moving across the east coast by this weekend. severe threat as mentioned across the ohio river valley central appalachians across the mid atlantic and the carolinas. could see damaging winds and isolated tornadoes as this moves eastward. 64 in dallas, 70al quirky. very warm across the southwest. so warm they issued high heat warnings. friday i have to update that graphic we are still going to remain very warm up to 115 degrees across this region. people are urged to stay indoors. let's go now to stories you can bang on this morning beginning with the worst month for the dow in two years. joining us is robert gray from the fox business network. it's all about the wild card with the euro global concern there. we are expecting 165,000 jobs were added last month in may. most of those from the manufacturing sector. unemployment rate expected to hold steady. watch the participation rate. so many americans have given up looking for work that's one of the reasons unemployment rate has gone down. not because so many jobs have been created. >> for those looking for jobs college students. what are they supposed to be majoring in? >> the national association of colleges and employers looked at the hot degrees for this year. number one finance. finance, accounting after the debacle we have been through. those are high. computer sciences and engineers. that's where the jobs are at right now. if you are looking for a job you want to go back to school you are in school those will get you hired. >> not anthropology. >> may be interesting for you, but won't help you with unemployment. >> talk about the iphone 5. pictures have not been released but leaked? >> surfacing on the web. blogs out there who have been right in the past showing a bigger screen higher resolution. also this could be the last approved steve jobs before he passed away last year. the developer's conference starts june 11th. tim cook the ceo of arm they have apple /* -- ceo of apple. >> you might not want to buy a new one just yet. >> i have been told that as well. people can hold off that happened in the past. >> rob breert gray from the fox business network. it is 10 minutes after the hour. this is what we are going to tell you about. spit balls we all did it a right of passage in high school or middle school. well it got one honor student suspended. we will tell you about that. president bush returning to the white house leaving everyone in stitches. >> it's a privilege to introduce the greatest first lady ever. sorry, mom. (laughter) would you agree to a tie? >> might get in a little trouble with his mom. >> let's take a quick look at this morning's prices at the pump. national average 3.61 a gallon. we will be back in a minute. >> it is 14 minutes after the hour. federal investigators ramping up their probe of jp morgan's trading blunder. sources saying e-mails show documents subpoenaed showing what traders told supervisors when their wrong way bets started going south. can you spell winner? >> g-u-e-t-a-p-n-a- s. (applause) >> the 14-year-old is the winner of the skrip national spelling bee. her win was a miracle she said. clearly all of her hours of studying paid off. the winning word means ambush. it's a french word. we will be talking with her on fox and friends about her big win later this morning. >> i bet military friends know the word. politics set aside as the president welcomes the former first lady and president to the white house for the official unveiling. it is the first time they have been at the white house in years. there were plenty of laughs. >> michelle and i are grateful for president bush and their family for their guidance and example. we will always remember the gathering hosted for all of the living former presidents before i took office your kind words of encouragement. you also left me a really good tv sports package. (laughter) i use it. (laughter) >> the president coming back with a real bang. listen to this one. >> i am pleased that my portrait brings an interesting cemetery to the white house collection. it now starts and ends with the george w. the british burned the white house add fred mentioned in 1814, dolly madison famously saved this portrait of the first george w. now, michelle, if anything happens there's your man. i am also pleased, mr. president, that when you were wandering these halls as you wrestled with tough decisions you will now be able to gaze at this portrait and ask, what would george do? it is my privilege to introduce the greatest first lady ever -- sorry, mom. would you agree to a tie? i am honored to be handing the woman who gave me the greatest gift possible unconditional love. that would be number 41. >> it is hilarious. every line was better than the next. >> then to hear our president talk about the sports package hearing both of them laughing in the same room putting politics aside it was very nice. the bush daughters there. they are so proud of their father. >> shift gears now and brew on this today. this is what we are brewing on a school's zero tolerance policy putting an honor student on suspension over spit balls. did you ever think you would be talking about this at 5:00 a.m. >> we were talking about some of the things we got in trouble for. a high school kid suspended for violent behavior for shooting spit balls. they are characterizing his actions as criminal saying he used a weapon on campus referred the case to law enforcement. he was placed in anger management classes. he is sorry for what he did. he wants his record expunged he is appealing to the u.s. supreme court. >> i took a pen apart and shooting at people with them. she was talking to me. she said i was out for 10-days. later it was the rest of the year out it fell under article code of conduct. >> lawyers say they are tracking too hard teaching them to be afraid to step out of line and be treated fairly. some say 0 tolerance policies are necessary to protect students from each other. >> what we are doing is raising up a generation of people who are going to be very compliant and afraid to step out of line. >> have you seen the tragedies? columbine comes quickly you never want something like that to happen again. >> michael says he wants the case to be over so he can simply get on with his life. >> ainsley, heather? >> this is nuts. didn't we all do that when we were kids. takes the sun ofun out of being school. >> chewing gum you would worry about. that leads us to the question of the day. suspended for 6 months the right punishment or excessive. shoot us an e-mail to friendsfirst@foxnews.com. we are going to have a spit ball contest. you can't decide between the kindle and the nook, which one is better? many of the tech questions clayton gets. he's here to answer it for us. >> here's the big question of the day, who's side is president clinton on? >> going into the office and basically perform essential functions of the office. a man who is governor and has a business career crosses the qualification threshold. >> he says mitt romney with the business career. clinton giving high marks to mitt romney. we will talk about this one coming up. >> do tech gadgets have you a little confused and lost? maybe you need a little advice from our tech guru mr. clayton morris. we asked people on facebook what are their questions about gadgets and gizmos. which is better kindle or a nook or should i just get an ipad? >> two different questions really. if you want a reading device to read in the sunlight i would say absolutely pick up a kindle. the environment amazon created it is strong you can get thousands and thousands of books. the books are relatively cheap of course. there are two different things. if you want to be able to surf the internet reading the internet on a kindle or nook it's a terrible experience. it's slow and clunky. on an ipad there's nothing you can't do on an ipad you can't do on an lap top. throw a kindle in the purse read a book in the bright sunlight. >> just to read get the kindle or the nook. >> for erg elverything else get ipad. >> you are looking at a couple hundred dollars but it's a completely different device. do you think apple is going to come out with an iphone 5 in the fall? what will be different from the iphone 4 and 4 f. >> i get this question maybe twice, three times a day from viewers. every year you can count on a company releasing a new version of their device. if you are always waiting you are never going to buy a device. i think that apple is probably going to release the iphone 5 probably end of december maybe early part of october. it will probably have a larger display screen. it will be faster. so it will be on the next generation technology, you hear about lte. it means faster. you are going to see that a bigger screen. i think there will be a lot of new searing improvements there. interestingly to ask questions of your phone. a whole other look at maps. i think apple is working on -- they bought like three different mapping companies. the way we look at maps and gps is going to be completely different come the fall. >> maybe we have to push the arrow to you update gps. >> question number 3 what is the next big thing in television now that we have hd an the tv's are so thin are they going to get to the point that they are flexible. billy wrote us and asked us this question. >> when i was at a convention i saw flexible displays. seeing interesting displays that are wavy that you can bend. >> might not need it in a television but a smart phone so you can drop them. in tv's i think in the next few weeks i think at the apple conference you are going to see something interesting in the television space. there will be a lot of internet connected tv's. the way we connect to netflix or cable without a cable box. thinner and lighter that you can drop on the floor and worry about breaking. >> over to you. >> glad we got confirmation that clayton carries a purse. >> i carry a clutch. >> here we go again. these folks won the lottery but they are still collecting welfare. how is it to happen? 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go call now! we'll finish up here. >> welcome back to fox and friends furs. i am ainsley earhardt. >> i am heather nauert. thanks for joining us. now to politics. mitt romney hitting president obama where it really hurts. he made a surprise visit to solyndra. that's the solar company that we know the bankrupt despite getting $528 million, taxpayer dollars from the obama admin straugs. joining us live to talk about this is doug luzader with the details. this comes down to jobs and economy. romney and obama bracing for the new numbers released. both sides are sharpening their nods on the economy. we saw this play out as mitt romney headed to the california former headquarters of solyndra which was really supposed to be the poster child for white house energy investment. instead it went belly up taking with it $500 million in tax payer loan guarantees. >> in this building behind us this is not the kind of building built for private enterprise. this is the kind of building that is built with half a billion dollars of tax payer money. it is not just the taj mahal of corporate headquarters you probably heard inside there are showers that have lcd displays that tell you what the temperature is of the shower water. the robots inside actually provide disney music tunes. the obama campaign said meantime advise another david axle rod to talk about romney's record as a governor and investor. >> it has been about generating short term prospect not about long-term growth or building for the future but about taking what he can when he can. >> today the president will head to minnesota to talk about the economy and unemployment numbers. economists are not expecting much of an improvement. back to you guys. >> this month the job numbers come out in a couple hours. >> thank you so much in washington. perhaps president clinton did not get the memo from the obama campaign. president obama has been hitting mitt romney really hard for his time at bain capital. but president clun ton actually praising it? >> i don't think we ought to get in a position where we say this is bad work. this is good work. i think, however, the real issue ought to be what has governor romney advocated in the campaign that he will do as president? what has president obama done and what does he propose to do? how do things stack up against each other. that's the most relevant thing. no question they come into the office and basically perform the essential functions of the office. a man as governor and a successful business -- sterling business career crosses the qualification threshold. they have in the heard the last of this one. >> now for your 5@5:30. the other five stories making news at this hour. police crediting a hero for saving people inside a cafe when ian opened fire. the man throwing stools at him giving cafe customers a chance to escape following throwing the schools. he killed 4 people inside the cafe and shot and killed a woman and took off in her suv. 911 calls released of the terrifying moment. >> oh my god he just shot her. oh my god. >> you are at 19, 8th avenue. >> he's stealing a blackmer said. he just shot her. >> he was refused service and asked to leave four times before he started shooting. his father says he was mentally ill. >> heartbreaking revelation fors likely dead. >> it is highly unlikely ayla reynolds will be found alive. >> news i found out i wouldn't want any pair represent to find out. i think like my worst nightmare has really come true. >> i hope they didn't find out about it from a news conference. >> cops think the girl's father is withholding information. way too much to the girl's grandmother. tell me where my granddaughter is. you want to see someone pissed off now. look at me, justin. honestly. look at me tonight when you are on tv. >> ayla disappeared from her father's home back in december. it's a story we have been telling you about the battle over whether or not a copy of the ten commandments can schohan a school wall in virginia. they ruled unanimously it must be removed. they want it to be replaced with a page of the history book mentioning the ten commandments and the american government. the they asked for it to be removed saying it violates rights. they won money in the massachusetts lottery. how in the world are they still collecting welfare? they face larceny charges. between the two of them they won more than a million dollars. but somehow these guys were still able to get thousands and thousands of dollars in state health benefits and also food stamps. >> wow. a waitress gets a big tip. this time from uncle sam. she was owed a tax refund of $754. when the cute little lady opened up her check it was a huge difference. it was for close to half a million dollars. no, she did not keep the money. she did the right thing returned it to the irs. the agency investigating the error. she is still waiting for her $754 refund. >> just a little typo there. >> she was an honest lady. we applaud her. >> before you leave the house this morning let's get the first degree weather update with janice dean who has official start of the retuhurricane seas. >> june 1st is the official start. things don't ramp up until later on in the season. here's what noah predicts, it will be an average season. we have already seen two named storms. it takes one to make it a bad year. there are your predictions hurricanes 4-8, 1-3 category 3 or hire. named storms 9-15. there is your prop ctropical ac. as we get into august and september even october things ramp up. of course we will be bringing you the latest from the fox news extreme weather center all hurricane season long. looking storms we have a lot of stormy weather across the eastern third of the country moving eastward. that is going to brung some w-- bring some wet weather but clearing out by sunday. there are your temperatures cooler than average. warmer than average across the southwest. back to you ladies. have a great weekend. >> it is now 39 minutes after the hour. coming up, check this out. it is an iceberg flipping completely upside down. it is all caught on video. the amazing scene coming up next. >> then it is all about getting the sale. right? >> listen to this. >> a sales woman pushing a 4,000 dollar suit today. that is so -- >> that is what this next story is all about. why one woman is suing after hearing her husband got a lot more than clothing from her personal shopper. uh-oh. [dumbfounded] well, we... doesn't last long does it? listen. 5-hour energy lasts a whole lot of hours. so you can get a lot done without refills. it's packed with b-vitamins and nutrients to make it last. so don't just stand there holding your lattes, boys. make your move. we'll take the 5-hour energy. smart move. 5-hour energy. hours and hours of energy. >> welcome back. it's 42 after the hour as we span the globe to see what stories are making headlines overseas. fi first we start in argentina of this iceberg tipping over. water gushing down the side. a tourist on a boat caught this rare moment on camera. >> over to england where prince charles shows queen elizabeth siting with charles and his sister at the coronation and family vacation to the beach. they mark the 60th year. >> have you ever seen this clip from the tv show desperate housewives? >> hi. >> whoa. who are you? >> oh. one of my clients. jason this is carlos, my brother. >> your sister is quite a little sales woman. she talked me into a 4,000 dollar suit today. th >> that is so sis. >> that story becoming all too real for one neiman marcus shopper. now she is filing a major lawsuit. patricia walker is suing the store for not taking back $1.4 million of merchandise that her husband bought her. what is the issue? walker said her husband bought the items through a personal shopper. it turns out he was having an affair with. does she have a case? >> good morning, heather. >> not at all. neiman marcus is not in the divorce business. they are not in the i manage personal relationships business. if you look at the return policy it says if you are not satisfied with the merchandise, not the person who purchased the merchandise for you. >> she is not satisfied with the merchandise, some of it is unused. >> there are a number of things not used. it went on for three years. the personal shopper the husband was getting too familiar with. she accepted the merchandise from her husband at the time whether she use it had or not. guess what? they don't do a divorce. you have been messing arounded with the personal hopper. i want nothing to do with it. >> the policy and neiman marcus is known for having a return policy. if for any reason you are not satisfied we will accept the timely return of unused merchandise. the company doesn't define timely. >> everything is mesh you ar-- measured reasonable standard. is timely 3 years because it has a unused tag? personal shopper in addition to shopping missing around with the shopping. >> doesn't the company bear some responsibility in this? >> i think that in any litigation there is usually a meeting of the minds. what does that mean? there will be a reasonable resolution to the problem. >> so they might settle? >> if there is some unused merchandise they can take back and sell more value than they sold it initially. >> one thing that surprised me is the personal shopper was not disciplined in in i way. she is still working for the company. talk about unethical. >> there are ethical considerations about whether they should have taken her back. >> it reflects poorly on the company. >> great company otherwise. they have this liberal policy. when you try to take back $1.4 million of merchandise it makes it different. >> i say fire this lady discipline her and sit ettle in court. >> there will be a peaceful resolution. nobody wants it dragged out for any significant length of time. >> if you pleaded that one we get it. take a look at this. a 1st grader getting creative to get out of class. the school then let's him go home. we will tell you what happened. last chance to answer the question of the day. suspended for spit balls or a ridiculous one? let's check in with steve doocy to see what's coming up on fox and friends. >> coming up on "fox & friends", june jeanine pirro and geraldo rivera. talk about something dastardly. pro baseball hall of famer johnny bench is in the house. and the all american summer concert series continues with janet franer who is out on our plaza right now. f "fox & friends" for friday kicks off soon. careful, pringles are bursting with more flavor. [ crunches ] mmm. ♪ [ male announcer ] pringles... bursting with more flavor. [ crunch! ] >> 10 minutes before the hour. quick headlines for you. a bird flies right into the propeller of a jet just after takeoff. they returned to miami airport. no one was hurt. the plane inspected and back in the air a few hours later. more than a dozen bus companies that ride up and down the east coast shut down for putting passengers at risk. apex bus and i 95 coach. an investigation by the department of transportation reveals the companies used drivers that didn't even have licenses. some of them failed drug and alcohol tests. the kids have been doing this for years fudging notes to get out of class. a 1st grader forging a note using paint. it worked. fernandez is here with the details. he may be 6 years old but this first grader knows how to get away wifrom excusing himsel from school without his parent's permission. >> i lied. i wasn't thinking anything. i was just writing a note. i was focusing on writing a note. >> all he used was a highlighter and finger painting paper. he told his teacher his mom wrote this note that he was supposed to go home instead of the after school program. since there was no signature on the note he sent him to the office. the secretary left a message on his phone and let him get on the bus without hearing from the parent. >> i left work i started home. i started calling everybody on his list. >> no one knew where his child was for hours. she finally found him at home and demanded answers from the school and the superintendent. >> we were asked to maintain confidentiality. they didn't want anything we said publicly to impede their case. >> after several meetings with the school officials after the course of five months this concerned parent couldn't understand why the secretary who let this happen was allowed to keep her job. i went to the school to see the principal's side of the story. she didn't have much to say. >> you are not allowed to talk at all. >> i have no comment. >> parents are going to be worried when they hear the story? >> i came to the superintendent's office he said he didn't have time for an on camera interview. he called me said he disciplined the secretary in question but wouldn't elaborate further. she is a long time employee who made a mistake. >> if anything happened to him at all it would have been a very different story. >> what did you learn? >> never write your own note. >> cute little kid, isn't he? >> creative idea. we are happy to brew on this. a school with 0 tolerance policy puts an honor student on suspension over spit balls. the student appealing to the u.s. supreme court. we wanted to know if you thought the suspension for spit balls was right or ridiculous. >> here is your responses. what 16-year-old shoots spit balls. he might reconsider future immature decisions. >> i did it at 16. >> suspended for spit balls? that's ridiculous. people want trophies just for participating. come on kids will be kids. they have to let off a little steam sometimes. thank you to all of you who responded keep those e-mails coming in to us. >> it is now 54 after the hour. talk about a buzz kill. happy hour comes to a quick end when this truck crashes right into the bar. that story ahead. now for your word of the day all scrambled up. can you figure out what this one is? stick arounded with the answer five minutes from now. >> did you see the video? a foret may seem like the stuff of fairy tales. but if you take away the faces on the trees... take away the pixie dust. take away the singing animals, and the storybook narrator... [ man ] you're left with more electric trucks. more recycled shipping materials... and a growing number of lower emissions planes... which still makes for a pretty enchanted tale. ♪ la la la [ man ] whoops, forgot one... [ male announcer ] sustainable solutions. fedex. solutions that matter. >> it's 2 minutes before the hour as we take a look at the good, the bad and the ugly. first, the good. a jar of freckle cream could contain what happened to ameala earhardt? it was found on even a land where it's believed she lived as a castaway and died. she hated freckles so it might have belonged to her. on lockdown in bakersfield because of this guy, a 200 pound black bear seen running around the schoolyard and the parking lot. animal control eventually caught up with it policing the black bear into the wild. last call for alcohol. ouch! a truck smashing right through a crowded bar in minneapolis. six people were hurt. but apparently, they're going to be ok. cops say a 51-year-old woman was behind the wheel. no word on what caused the crash. hard to tell what's going on there. >> all that alcohol made them very limber. >> i think so. >> it's time now to get scrambled up with gretchen carlson here to help us out. hey, gretch. >> hi, gretchen. >> you know this one. >> what? what? >> it's brigade. >> tipped over in the middle ocean. >> iceberg. >> kind of like that iceberg wedge we like at the restaurant next door. >> ok. >> ainsley, good one. thanks for your help! >> have a good show. >> have a great weekend, everybody. gretchen, thanks so much. "fox & friends" starts right now. >> tgif, everyone. it is friday. guess what? it's june 1st already. i'm gretchen carlson. thanks so much for spending part of your day with us today. it's a big day in politics as the two kanld dates dig into each other's past to attack records on jobs. mitt romney stopping by sew linda and david axelrod, what is he doing in massachusetts? is he the candidate? one crowd gets out of control. i'll explain. >> disgraced democrat john edwards is a free man this morning. after the judge declared a mistrial, he makes hints of a comeback? >> i don't think god is through with me. i really believe he thinks there's still some good things i can do. >> ok. if you say so. more from the courthouse and