wezie! >> great character. >> he was discovered by his nurse at a home in texas. the exact cause of death is pending. he first played jefferson on "all in the family" before his character spun off to "the jeffersons." it went from 1985 to 95. >> lasted a long time. head of the senate intelligence committee fine stein pointing the finger at the obama administration for national security leaks. but then the democratic senator back pedalling. we are live with more>> even though eric holder has appointed two attorneys to figure out who leaked this u.s. intel about our role in cyber attacks against iran and al qaeda plot to blow an airplane there still hasn't been a resolution. mitt romney said whoever spilled the beans did it to help the president politically. >> this conduct is contemptible. it be trays our national interest compromises our men and women in the field and demands a full and prompt investigation by a special council these events makes the decision we face in november all the more important. what kind of white house would reveal classified material for political gain? i tell you right now, mine will not. romney's comments yesterday sound a whole lot like what democratic senator diane fine stein said on monday. i think the white house has to understand that some of this is coming from its ranks. i don't know specifically where. they have to begin to understand that and do something about it. >> california senator clarified yesterday saying i am disappointed by the statements made by mr. romney today regarding a question i was asked yesterday at the world affairs council. i stated i did not believe the president leaked classified information. i shouldn't have speculated beyond that because the fact of the matter is i don't know the source of the leaks. mitt romney made his remarks about the leaks during a foreign policy speech before he blasts off for london. that speech and the attacks on the leaks are all bluster and don't offer any specific plans for our relations with any region of the world. heather? thank you very much peter. appreciate it. more politics now and a look at who is talking right now. romney surrogate is the former new hampshire governor weighing in on the current state of the presidential race. >> he is hitting the president for his statements on business owners saying president obama is denying the american dream. let's talk about the pieces in there. that's a president that first of all tells the business community they didn't do it and then he drags this thing out by trying to pretend that's not what he meant. you know that's what he meant because when he goes in that funny talk kay dance of his you know he's going to introduce class warfare. he con tems success he wanted the business people and his constituencies to think that all business success shoulden be shared with everyone. that's denying the dream. the romney camp not the only ones talking this morning. president obama also hitting his rehub can challengers on rebeforiuilding the economy. >> we did not build this country on our own we built it together. if mr. romney doesn't understand that he doesn't understand what it takes to grow the economy in the 21st century for everybody. >> we will hear from charles krauthammer he will talk about how the economy will effect the election from here on out. >> right now it is time for the weather update by maria molina. >> haygood morning heather and patty ann. good morning. we are continuing to see the warm temperatures across the central plains. we have been seeing them into the triple digits. right now 87 degrees in kansas city 89 in the city of st. louis. feeling the warmth out there. we will see the heat wave breaking down cooler air off to the west continues to push eastward. otherwise further off toward the east 72 in the city of rail leigh north carolina. 104 kansas city, 101 in dallas. 86 with high temperature with sunshine. get out and enjoy it. it will knotted be lasting for too much longer. we have the heat across parts of the planes in plains into the midwest. heat warnings into wisconsin southern minnesota into georgia. a large area of the country that is going to feel heat index values over the city. it feels muggy as you head into the evening hours. somehows across the great lakes into interior portions of the northeast. some of that precip that i gos will come in the form of thunderstorms that could have large hail damaging wind gusts if you live in any of these areas stay alert if you have warnings seek shelter head indoors. very heavy rain. it will be a slow go for you as you head out the door. we already have a severe thunderstorm watch in effect across parts of minnesota and northern wisconsin due to the possibility of severe weather from some of these storms. heather, patti ann. >> think you are getting a great deal on the airline ticket? airlines are required to show you the real cost of flying. joining us is lauren simonetti. >> they have been required to show the real price of the ticket including all of the taxes and fees since january. spirit and southwest airlines tried to challenge the line 30 bucks round trip. they turned down their challenge so the next time you are booking a plain ticket know the air fair shown is the final price. >> people are keeping their cars longer now in some cases waiting 10 years to buy a new one. >> we are getting older so are our cars. auto m d-dot come say 70 percent of americans are waiting until their cars are 10 years old before buying a new one. only a few polled said they would buy one every 10 years. great news for the mechanics bad news for detroit car makers. >> arm disappointing earnings. >> apple reported an $8 billion third quarter profit sending shares down more than 5 percent in after hours to around 557 a pop. it was apple's second miss in 39 straight quarters. europe is a problem and they are waiting until the end of the year to buy the new iphone. it selled 26 million iphones that was down from 35 million in the previous quarter. iphone 5 slated for an october release. this quarter not going to look any bert for the tech giant. the one bright spot ipad sales doing very well. so some are saying this is a buying opportunity. we will see. the time 11 after the hour. does something taste fishy? maybe because it is. why that expensive fish you are eating may not be what you were told it was. and then chilling video of a sea world attack. a 6,000 pound whale turning on its trainer a 15-minute life and death battle straight ahead. look at the prices at the pump national average 3.49 a gallon. but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. thor's couture gets the most rewards of any small business credit card. your boa! [ garth ] thor's small business earns double miles on every purchase, every day! ahh, the new fabrics, put it on my spark card. [ garth ] why settle for less? the spiked heels are working. wait! [ garth ] great businesses deserve the most rewards! [ male announcer ] the spark business card from capital one. choose unlimited rewards with double miles or 2% cash back on every purchase, every day! what's in your wallet? [ cheers and applause ] he's, he's on my back about providing for his little girl. hey don't worry. e-trade's got a killer investing dashboard. everything is on one page. i'm watching you. oh yeah? well i'm watching you, watching him. [ male announcer ] try the e-trade 360 investing dashboard. t but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. >> romney says president obama has given israel quote shabby treatment. rick snyder declaring an energy problem because of a fuel shortage. a pipeline was shut down for several days due to a gas leak. time for another look at whose talking. charles krauthammer is talking about the dastate of the econom and how it is influencing a current state of the election. you would expect the president in this terrible economy would be way behind but it is not. two weeks ago i did the arist mick. you put them together because you have a higher ennumb rater and higher denominator. you are up by 2 percent you are going to win. >> we all disagree with you and so do i. those are two brilliant people. were people mad at you? >> i don't get angry e-mail. there was no an flax in my e-mail. there were people saying they were disappointed in me or some energized can't let this happen. you have to get out there and vote. the fact is i think romney does win in november. the reason is, it's a pretty static race now. it will not be static forever. the dynamic is the economy is wakeening. you wear that from the chairman of the fed on down everybody says it's wakeening. the recovery never happened. people are highly disappointed. nothing will happen between now and election day that will make any material different. obama has nothing to run on. >> an explosive debate over gun control. we will have that for you later in the show. >> both sides making their opinions known and ainsley is here to tell us more. >> independent mayor michael bloomberg is the one who proposed this ban. he wants all restaurants, arenas and movie theaters to stop selling sugary drinks like soda unless the drink is 16 ounces or smaller. to give you an idea a large soda at mcdonalds like the one you see here twice that size 32 ounces. critics of the ban calling it an attack on business and a huge over step by the government. as violent crime continues to grow in this city and more new york police officers have been shot in the last decade rather than hire cops down since 9-11 or 1,000 firefighters that were down we are going to send money to enforce a legally dubious rule and prom el gate the size of the soda. since when this is the problem of government. it will set a president for the rest of the country. on the flip side proponents of the ban say it is absolutely necessary to curb obese obesity. obesity is the leading cause of prevent ablg death in the country. it reaches the poorest communities. obesity is a public health menace and it is time to take on the soda cartel that drives this. >> met politically toxic. the board of health will now consider all of the testimony before voting on this ban on september 13th. if it does pass it will go into effect six months later and mayor michael bloomberg not stopping at soda. next car get, alcoholic beverages. >> and on it goes. ainsley earhardt, thank you. the time is 19 after the top of the hour. a major recall on hundreds of thousands of strollers. we will tell you which models might put your life at risk. >> replacing the honeymoon for the buddy moon? would you bring your friends along for the ride after the we hadings? >> no. >> some couples are. we will let you brew on this after the break. >> announcer: meet mary. she loves to shop online with her debit card, and so does bill, an identity thief who stole mary's identity, took over her bank accounts and stole her hard-earned money. now meet jack. after 40 years, he finally saved enough to enjoy retirement. angie, the waitress at jack's favorite diner, is also enjoying his retirement. with just a little information, she's opened up a credit line, draining the equity in jack's home. unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. see, ordinary credit monitoring services tell you after your identity has been stolen. they may take 30 days to alert you-- too late for jack. lifelock has the most comprehensive identity theft protection available. if mary had lifelock's bank account alerts, she may have been notified in time to help stop it. if jack had lifelock's 24/7 proactive protection, he could have been alerted by phone or e-mail as soon as they noticed an attack on their network, before it was too late. lifelock has the most comprehensive identity theft protection available, guarding your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one works harder to protect you than lifelock. you even get a $1 million service guarantee. that's security no one can beat. you have so much to protect and nothing to lose when you call lifelock right now and get 60 days of identity theft protection risk free-- that's right, 60 days risk free-- use promo code: notme. order now and get this document shredder to keep sensitive documents out of the wrong hands-- a $29 value, free. call the number on your screen. [♪...] >> welcome back. 23 after the top of the hour. time for quick headlines. the man convicted of murdering oscar winner jennifer hudson's mother and brother and 7-year-old nephew convicted to three consecutive life sentences with no chance for parole. his future is barren and dark. does your grouper taste a little fishy? they found a one-in three chance of the bait and switch. instead of the fillet you think you are getting you are getting a much cheaper one. >> one? three. unbelievable. >> it is time to brew on this. it's buddy moon more newlyweds are bringing family and friends along with them on their honeymoon. one researcher at the university of virginia think it has to do with the growing number of couples living together before marriage. >> for them having people come along is not such a big deal. in some ways they think it's a special and exceptional occasion. >> do you think the more the mare year on your honeymoon? >> you can tweet them to us at fox friends first or send us an e-mail at [email protected]. we will e-mail them later in the show. >> gives whole new meaning to the honeymoon is over. >> we think alike. >> 24 after the top of the hour. coming up you have to see this a frantic 911 call from a woman who says there was a scary scene in her backyard. >> what appears to be a giant mountain lion lying on somebody's patio table. >> erg is not -- everything is not as it seems. >> a trainer finds itself seconds away from death. a whale suddenly turns on hill. we will tell you how this ordeal plays out. >> supremes release "you can't hurry love." ♪ >> welcome back to "fox & friends first". i am heather childers. >> i am patty ann brown. >> it is time for the 5@5:30. the top five stories making news at this hour. more details about the ladies and gentlemened gunman in the movie massacre in colorado. some survivors revealing james holmes was reportedly targeting people grabbing them out of their seats and shooting them down. christian bale stopped the medical center to meet with survivors and hospital staff. >> recall of baby strollers. they are recalling 223,000 strollers this over concern children could get their heads stuck between the feet and the tray. another baby was nearly strangled. the recall includes all strollers with a child tray and one cup holder made between january 2004 and september 2007. you can go to the company web site for a free repair kit. they are recalling some of the strollers over similar concerns. no injuries have been reported there. for the first time we are seeing a chilling video of a 2006 attack at sea world san diego. you can see a 6,000 pound killer whale grabbing experienced trainer ken peter's foot and traging him under the water. flashing him around for nearly 15 minutes this went on. he was finally able to swim for safety. despite deep bite marks and a broken foot there's an ongoing lawsuit genesee world by the u.s. labor department over the death of another trainer. she was brutally attacked by a killer whale during a show in orlando. both attacks being detailed in a new book called death at see world. medical marijuana advocates are banning all pop dispense res. >> more than 900 dispense res will be cold to close up. they hope the ban will provide relief for neighborhoods plagued by the dispense res. the city is working on an ordinance that would let 180 shops that opened before 2007 stay open. a california woman calling 911 after spotting something scary in her neighbor's backyard. >> what appears to be a giant mountain lion lying on somebody's patio table. somebody ought to get down here as soon as you can. >> are you ready? here is the mountain lion beverly spotted. the problem turned out to be stuffed. it was all part of a prank. it was meant to scare her neighbor. the joke ended up being on her inste instead. >> it is an artificial mountain lion. i am so sorry. >> don't be sorry. it kind of made my day. animal control officers came out embarrassed as she was they say she did the right thing by calling police. that is your 5 at 5:30. republicans and democrats in a heated debate over taxes and whether to extend the busheir raw cuts -- bush era cuts. >> the tax stand offhere raech ets up another notch today in the senate. this is being called a big game of chicken. if neither side blinks everyone could be in for a big tax hike. the president made his case last night at another political fundraiser. this one is portland. he will raise taxes on upper income earners. fellow democrats and the senate will try to vote that through today that includes a big hike in the he is kate stacks but it is expected to go nowhere. the president blames republicans. they decided to hold middle tax cuts hostage until we spend $1 trillion on tax breaks for millionaires billionaires folks who don't need tax breaks and many of them aren't asking for it. >> they want the tax cuts extended for everyone saying any tax hike could be devastating for the economy. our friends on the other side are practicing what could best be described as thelma and louise economics. let's march the whole country off the cliff and see how that works out. i think we know what's going to happen if we do that. we don't think we should be playing russian roulette with the american economy. >> that cliff he's talking about comes in the form of automatic tax hike and spending cuts next year if they don't come up with some kind of an agreement. that includes a big hit for the pentagon. this comes to pass on january 1st. it is like think they will put this off until after the election. since the movie massacre in colorado there has been a lot of talk about gun control. bill o'reilly talking about the issue last night on his program. >> it makes sense for a law to be passed that requires the sale of all heavy weapons to be reported to the fbi. that prompted a heated fiery debate between owe rile and republican congressman from utah. >> you cannot say the laws on the books are not tough and stringent. >> 60,000 rounds and no federal agency knew about it. are you kidding me? >> you are not going to have an fbi agent who is suddenly trailing everybody in this country who buys what is whatever your definition is a large number of pieces. >> if the fbi is alerted somebody is buying 60,000 heavy duty rounds, they are going to check it out. because that's what anti terrorism is. that's what they do. >> that's why we have the bureau of alcohol tobacco and firearms. >> that kid's purchase on the internet wasn't reported to any federal agency. that's why he was able to assemble that armor that he had. you are telling me you object to this? this doesn't intrude on any hunter anybody with a hand gun to protect himself anybody with a rifle. this is an ak. >> this is the second amendment u6 a lawful right to purchase weapons and ammunition. >> i am not saying you can't purchase. report the purchase. >> you are ignoring the current law on the books. you are coming up with a wild definition of what is so-called heavy armorment>> but there are laws in the books. you act as if -- >> there are aren't any f