e new sponge bob movie get an unwelcome surprise. a driver near the movie played the movie near a store which composed kids to erotic films. good morning. a fox news alert. a federal judge blocking the president's plans to allow five million illegal immigrants to stay in the country. what this means for the president's executive action and what the white house is saying this morning. >> they behead innocent victims while threatening to destroy the united states and the west but according to the white house, here's how we can win the war on terror against isis. >> we can help them build their economy so they can have job opportunities for these people. >> defeat isis by giving them jobs partisan great. how would you like to be isis's boss? >> millions of americans waking up to record low temperatures and treacherous commutes. >> oh! >> what you need to know before you set up your camera and news station on the side of the road. crazy day out there. hey, cold mornings are better with friends. >> it's time for "fox & friends." >> you be careful before you get on the road today for sure. >> we got snowplows. we've got the little guy in the john deere tractor outside. it's below 20 degrees. the snow melter doesn't work under 20 degrees. >> it does not? >> no. you've got to scoop it and hope for the sun. >> every time you shovel when it's under 20 degrees, it feels like two shovels for every one. >> they've got this shovel index. >> the sand is forming clumps, which is interesting. sand balls. sand bars. we are going to be talking about what's happening in the northeast and so bad for your people in massachusetts. >> they're having a rough one this winter. through seen the surrender flags in people's yards? >> i have. this particular storm goes all the way to the gulf coast. it is a busy weather day but also a busy news day. >> it sure is. we have a fox news alert to start off with. breaking overnight, a federal judge temporarily blocks president obama's executive action on immigration. >> this one day before the first piece of the policy is supposed to take effect. >> okay. meanwhile kevin cork is live in washington, d.c. with the details breaking overnight. >> good morning guys. a texas-led coalition of 26 states will have a little bit more time to pursue a lawsuit to come up with a permanent order to stop unfettered amnesty. that is what backers are saying, of the judge that at least for now put the brakes on the president's immigration plan. his name, andrew hannon. he's a u.s. district judge. he says without the preliminary injunction states would suffer irreparable harm in this case. he said the presence of millions of people would be virtually irreversible. the white house had been hoping to expand a program that would protect young immigrants from deportation if they had been brought here illegally as kids. it was set to take place as early as wednesday. that will not happen. the white house in issuing a statement, they're saying they're obviously going to appeal this in new orleans to the fifth circuit, the department of justice legal scholars, immigration experts all agree. they say the president was well within his legal authority to come up with this executive action. but thanks to judge andrew hannon, a u.s. district judge, at least for now amnesty is on hold. guys? >> kevin corke live in d.c. with the latest. >> wonder if homeland security will get funded now? maybe the republicans will say let's fund homeland security for awhile. we'll find out what the higher courts said. >> lots to talk about. heather nauert is choing us on this chilly morning. >> we're going outside, i believe. .are you kidding me? >> i believe so. >> i'll stick around inside. good morning. let's start out with a fox news alert. at least 20 afghan police officers killed in a taliban suicide bombing today. it's considered a highly coordinated attack. it happened at a police station 50 miles south of kabul. at least three bombers detonated their explosives in different areas of that station including a crowded hall. another fox news alert. the same denmark cafe where a deadly terrorist rampage occurred on saturday was evacuated once again this morning. police investigated a suspicious package but now the place has been given the all-clear. this coming as we learned that the suspected gunman posted to facebook swearing fidelity to isis just before his deadly attack. last night in copenhagen 40,000 people gathered for a candlelight vigil to remember the two victims there. millions of americans here at home feeling that freeze, waking up to record low temperatures and a lot of snow and really dangerous commutes. you're taking a live look from millville, new jersey this morning. you can't even see a car on the road. headlights off in the distance. more snow is coming down. they're expecting four to eight inches today. scary moments to tell you about on the road for a virginia news crew. take a look. >> boy, that car sliding right off the road, nearly hitting them. the roads aren't the only thing you have to worry about today. look at this canopy roof in massachusetts. the lowe's store could not handle the weight of that store. donald trump picking his new celebrity apprentice. >> the celebrity apprentice is -- leeza gibbons. >> congratulations. she beat geraldo rivera. her money goes to the charity which helps families suffering from alzheimer's. geraldo raised money for chart called life's work. it is for children with disabilities. my money was on geraldo. >> my money was on geraldo too. >> i had a chance to go to the finality last night. pras pretty amazing. geraldo the whole time everybody's family was there. when geraldo lost, his daughter took it worse than everybody. she had it tough. i think leeza gibbons should have given up the title to that effect. we'll hear from donald trump later. >> let's hear from the federal government. we know these isis guys want to kill us. they hate the united states hate the west they hate religions not their own. >> they actually hate muslims. they have been killing a lot of muslims lately. their -- >> last night on msnbc, the state department spokesperson said that the reason -- the way to beat isis essentially to help them out, give them a happened and give them a job. not kidding. watch. >> we're killing a lot of them. we're going to keep killing more them. the egyptians and jordanians are in this fight with them. we cannot win this war by killing them. we need in the immediate longer term to go after the root causes whether it is lack of opportunity for jobs. >> there's always going to be poor people. there's always going to be poor muslims. as long as there are poor muslims the trumpet is blowing, they'll join. we can't stop that, can we? >> woork work with countries around the world to help improve their governance, help them build their economy so they can have job opportunities for these people. >> we just need more want ads. by the way, bin laden's his family is a billionaire. muhammad atta, extremely wealthy family. i don't believe this is a money issue. some people join because they don't have an opportunity. a lot of people join gangs or a lot of people are homeless because they don't have opportunities. that happens in every society through the history of human beings. but for you to look at this situation, for the state department to conclude it is a lack of opportunity shows you how doomed we are at least for the next two years. >> perhaps it was so gruesome to wawp -- watch the killings it feels like we are back in time beheadings and burning alive of humans, it is horrific. perhaps if isis was saying this is because i don't have a job as they commit jihad, as they kill others then perhaps she would have a point. but that's not what they're saying. they're actually claiming religion which is something that the white house refuses to do. >> keep in mind when they released the latest video where they marched the guys down, the egyptians down, the christians down and cut off their heads, they put out the video and said we will conquer rome by allah's permission, the followers of the cross the people they are referring to in the orange jump suits. clearly to them it is a holy war. clearly our president does not recognize that. you know who does? pope francis. he was meeting yesterday with the church of scotland. he said they were executed for nothing more than the fact that they were christians. the blood of our christian sisters and brothers is testimony that cries out to us be they catholics orthodox coptics, liewg rans, it does not -- lutherans, it does not matter. they were christians. their blood is the same. the blood says they were killed simply because they were christians. they were all coptic christians. yet the white house simply would not refer to them as christians, but referred to them as citizens. >> that's right. they said the united states condemns the despicable murder of 21 egyptian citizens in isil. we offer our condolences to families of the victims and support the egyptian government and people. >> i think the white house should give muslims more credit. they know there is no war on muslims. there is a war on muslims who have declared war on a civilized world. they're killing jews christians killing muslims that don't agree with their brand, their radical bass tarreddized brand -- bastardized brand of muslim. >> a quote is the harm being done is when a decision is not made by this administration. >> these are radicallists who are islamists. the pope sees it, we see it, charles krauthammer sees it. the white house not so much. >> i would love to be a fly on the wall in the room where white house semantisists meet every morning. i think the phrase they should come up with is nonislammic randomness. at this point it is beyond burlesque. it is clinical, their inability to describe things. this is a genocidal movement. you kill christians, you kill jews, you kill yezidis. that's what we are up against and we have an administration that will not even admit that there is a religious basis underlying what's going on. >> we're never going to be successful because we're not capturing anyone, interrogating anyone. according to ollie north his sources said jordan asked for help about target. we did not give them an answer. and egypt said we want to target these islamists who killed our people and we did not help. >> right now they're looking for 35 missing civilians. >> the solution, according to the white house and the state department, give them jobs. isis needs jobs. >> chew on that this morning. in the meantime here's one democrat solution to voter fraud. >> i ask myself why you should have to register to vote. why shouldn't it be automatic? >> why should we register to vote? is that a serious question? apparently it is. why has al sharpton been invited to the white house more than 80 times you ask? our next guest composes a sharpton bombshell you've got to hear for yourself. ♪ ♪ my name is daniel i have diabetic nerve pain. the pain felt like my feet were on fire. i had these very burning ... needle-like sensations. i knew i needed to see a doctor. my doctor said "let's try lyrica." lyrica has helped relieve my pain. it's known that... diabetes damages nerves. lyrica is fda-approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. having less pain... it's a great feeling. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain. he owes millions in taxes and incites protests but al sharp top has still paid more than 80 visits to the white house. how does that happen? what does it mean? >> great question. the author of sharpton a demagogue's rise is here to explain that. good morning carl. we're looking at the number of visits. 82 visits to the white house when you owe that much money in taxes, what's the access here? why is it granted? >> it's remarkable. i came out with a book literally last week -- talk about timing. sharpton basically has the key to the white house because barack obama trusts him as the number-one race issue fellow on the street. he's the administration's field person. he's sort of like a shadow cabinet member. >> how did it happen? >> well, sharpton got respectable, and the number-one thing he did was run for president in 2004. that gave him a respectability that he never had before. >> don't forget huge debt, but go ahead. >> yeah. gone were the track suits and medal i don'tand medallions and the screaming. >> he lost about 100 pounds. >> lost about 150. the reverend calls himself a refined agitator. he will tell you ep hasn't changed a bit in terms of his missions, goals and way of relating to the issues. but he's an inside man. and while he looks less dangerous, he's actually in fact more dangerous because of that access. >> is the access and his sort of status with the president in terms of his respectability, has that been the reason he's been able to avoid tax. he owes a lot of it. >> the reverend has owed roughly between $2 million and $4 million in combined federal and state taxes personally and through his various organizations over five to ten maybe 15 years. the books are such a mess, nobody even knows what he owes. but the fact is he's led a charmed life. >> here's the thing. you say people around him give al sharpton credit. people don't want to get on the bad side of people who support al sharpton. what do you mean by that? >> he has people that are going to make noise. you saw what happened in ferguson missouri. people are scared. not saying sharpton overtly endorsed the riots. he's too smart of a politician for that. but he'll give tacit support, provide justifications, he won't condemn it. he's a guy who spent the last 30 years in the public eye inciting riots. >> when he missed the mandela funeral, president obama brought him a program that said from one warrior of justice to another. the name of the book is sharpton, a demagogue's rise. thanks so much charles horowitz. tussments before the -- ten minutes before the bottom of the hour. >> isis militants gaining ground. tony shaffer mapping out where the terrorists are and their next move to come. introducing preferred rewards from bank of america the new banking rewards program that rewards our customers, every day. you'll get things like rewards bonuses on credit cards... extra interest on a savings account... preferred pricing on merrill edge online trades and more... across your banking and investing get used to getting more. that's the power of more rewarding connections. that's preferred rewards from bank of america. new reports claiming the terrorists behind the deadly attack on the benghazi consolate linking forces with isis militants in libya. >> this as isis claims its next goal to scon kerr rome following -- is to conquer rome following mass beheadings of coptic christians in egypt. where are they going next? >> here to break it down are tony shaffer and steve doocy. >> tony, thanks for joining us in the studio. isis, you've got syria and iraq right here. where is isis? draw it in red. >> you see it outlined very well in black. you're talking about the heart of isis. this is where they have been most effective, through this area here. basically you have jordan. on this side here you have the kurds over here. those are the good guys. the best thing we have and they have been pushing back on isis. they are essentially the only military force effective in pushing them back. >> if that's where isis is right now and we know that, let's see al baghdadi, where marines are essentially five miles from isis? >> they are taking fire on a daily basis. i talked to folks who have people in there. it is not what the pentagon is saying. they're getting direct mortar fire on a nightly basis. any time you have enemy in uniform pretending to be you making it through your perimeter, that is bad. >> not too far from there is baghdad. that's the jackpot. >> if baghdad international airport falls, i think game is over. everything around baghdad i think is isis. according to the pentagon they think they can recapture al baghdad did i i -- baghdadi in two weeks. these are huge distances. during the day 810 should rove during the day. at night the ac130 should be devastating these folks so they cannot move. we're not hitting targets when they're sitting out. >> let's go to the next map and show what is going on in the region as well. this is isis in iraq. >> we've got to look at mosul. one of the key things is after khobani was a victory. we have a base in the kurd area. we need to work with the kurds to go back in here and start pushing them back. if i were a ground commander i would try to find a way to get the kurds to split in the middle, cut isis down from being able to move from syria to baghdad. >> here's the problem. all these black flags. >> that's isis and they're growing. they're not giving up. you can see even in the so you go. the good news is, if there's any, is the shia strong holds drks there's sunni, shia, the shia strong holds are not easy for them to take as well as the kurds. >> we've got one more map. if you ask me, it's the most terrifying map of awvment this goes -- terrifying map of all. this shows where isis is around the world. we knew it was in iraq and syria. you've got yemen now. >> in afghanistan. >> look at all these other spot. >> anywhere al qaeda was you can assume isis is or going to be soon. the whole network we didn't devastate, and brian said how we're not penetrating networks. if you don't penetrate the networks you can't understand how it functions. isis like a virus has taken this over and becoming more and more vicious. you saw what happened in libya with egypt. it is going to continue to happen. >> i circled yemen. that is a headline. that's your intelligence tells you what about yemen? >> the isis folks are not going to leverage the advantage they think they can gain by the fact that al qaeda is there as well as the houthi, the iranian-backed folks. wherever there is chaos no government, they are going to jump in and take over. >> keep in mind as well that for the most part beheadings and things like that have been concentrated in syria and iraq. it was the egyptians who were grabbed in libya. >> this is key right now. egypt has the biggest, most effective military. now they're in the game. we've been saying we need to find a way to bring the coalition together to be a permanent treaty organization. even if you have egyptians and jordanians lead it. people are now getting in the game because they're getting their people beheaded and it's time to get serious. >> all this red not that far to europe, is it? >> no, and it's not that far, if you look at indonesia, australia and the philippines has always been the hotbed. the only good news another spot of tbood news is the fact we killed the isis commander in afghanistan about three weeks ago. that is the only success so far. everywhere al qaeda was, isis is taking over. >> all these red spots is this isis per se or is this like a franchise? >> isis recruiters people who are isis hard core moving out to do this. this is not simply people thinking i want to join. this is not the lone wolves. this is isis with a plan to take over the al qaeda network and start doing evil globally. >> more and more red, that is a bad sign. >> not good. >> tony shaffer, thank you. elisabeth and brian. >> great job, guys. coming up straight ahead. >> one of hillary's money infamous campaign ads in 2008. >> there is a phone in the white house and it's ringing. something is happening in the world. your vote will decide who answers that call. >> do voters think she can answer that 3 a.m. call if she makes it to the white house now? you won't believe what the polls are saying. >> we told you about the outrainl over a prosecution's link over a rap video by harvard students. an update next. >> first happy birthday to a friend of our show, larry the cable guy. he turns 52 today. >> he's always in a good mood. he never sleeps. ♪ ♪ what makes thermacare different? two words: it heals. how? with heat. unlike creams and rubs that mask the pain, thermacare has patented heat cells that penetrate deep to increase circulation and accelerate healing. let's review: heat, plus relief, plus healing, equals thermacare. the proof that it heals is you. oh i'm on the cookie air diet. you just... and that's it. i prefer real food fruit, nuts, and whole grains. great grains cereal starts whole and stays whole. more processed flakes look nothing like natural grains. let's get real. know that chasing performance can mean lower returns and fewer choices in retirement. know that proper allocation could help increase returns so you can enjoy that second home sooner. know the right financial planning can help you save for college and retirement. know where you stand with pnc total insight. a new investing and banking experience with personalized guidance and online tools. visit a branch, call or go online today. your clever moves won't stop the flu. but practicing healthy habits with lysol can. the cdc recommends washing your hands often and disinfecting surfaces. this season use lysol to kill 99.9% of germs and help keep your family healthy. [ female announcer ] who are we? we are the thinkers. the job jugglers. the up all-nighters. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. we're back. the good news is for now we're inside. eventually we're going to go outside i understand. >> keep hearing that. >> there are people everybody has to go to work today. it's not that big a deal. we came in through the snow. >> i wouldn't think this was a day in which we'd be outside. even in syracuse they're playing in a dome. in minnesota they had a dome. >> in the meantime we'll turn to heather. >> good morning. brian, i think if we complain about it enough maybe the bosses will change their mind. >> it gets worse. >> they become more determined once you beg them. all right. good morning to you all. hope you're off to a great day. listen to this one. it sound like something out of the godfather. al qaeda terrorists forced to sign an oath of allegiance to osama bin laden. details of the mafia like contract discovered during the raid of bin laden's hideout. the oath is expected to take center stage during today's trial of the accused terrorist abid nasir charged with plotting to bomb the new york city subway system and malls in europe. at home a major update to a story we told you about yesterday. there was a whole lot of outrage so now harvard university is canceling the tribute to that new york lawyer who helped make a cop killing music video and then lied about it. the student group that chose to honor robin steinberg now saying in a statement this, we believe that advocating violence against police in any form is reprehensible. it is a right all citizens have but one democratic congressman says voting is simply too difficult and doesn't think we need to register. >> i also think we need to make voting easier. it should be easier. in other countries it's easier. why should voting be so difficult? i've often asked myself why you should have to register to vote. why shouldn't it be automatic. >> keith ellison is a vocal point of voter i.d. laws, even calling republicans who support voter i.d. laws racist. >> it is fat tuesday today. the streets of new orleans ready for a big day of celebrations. let's take a live look at bourbon street. it's a little quiet now. that we're told will change. revelers have been dancing and partying for days. today more floats and costumes and beads the big party leading up to ash wednesday tomorrow and the start of lent. that remind is me. >> don't give up the headlines. >> don't stop believing. >> we're going to go outside in a little while because of mardi gras fat tuesday today. >> why not? it's cold enough. folks around the country feeling a bitter chill in the air but it isn't stopping tourists at niagra falls in new york. >> right now it is 1 degree there. maria molina is outsidetracking what's ahead for today. are you predicting the waterfall will be stopped eventually at niagra falls? >> technically it can't ever totally freeze. there's water flowing beneath it. it has been a big myth and it is a beautiful sight to see. i want to make my way out there sometime this winter to check that out. very cool scene. otherwise the arctic blast has been impacting most of the country, is going to continue through at least this weekend. we're looking at a long period of time of temperatures well below average across parts of the plains, the great lakes and into the northeast. we're tracking a storm system that is producing ice concerns early this morning. across portions of north carolina and south carolina we're expecting ice to accumulate as much as a quarter of an inch of ice locally higher amounts will be possible. of course it's a big concern on the roadways early this morning. otherwise farther north across the mid-atlantic we're looking at snowfall accumulations that could be quite significant in some spots. let's head over to you, brian. >> let's talk politics. new political data suggests that hillary clinton, get this might not be as strong a candidate as most everybody believes. the time for change model says three factors affect elections. the incumbent's approval e election year's economy and how many times a candidate's party held the white house. using this formula hillary clinton would lose with less than 49% of the vote. that's the popular vote. is she already too much of a long shot for the white house? could that be possible? let's ask our pair of political siblings who disagree in a major way. republican dallas woodhouse, the founder of carolina rising. his brother is executive director of america united for change. first, it sounds like to me brad, you don't believe in the model? >> i don't believe in any model or any poll this far out from an election. certainly i don't think that she's a long shot. i think any candidate at this point is going to have to run hard to win. i do think that a party trying to suck succeed itself for the third time -- trying to succeed itself for the third time always has a challenge. hillary clinton is going to have to run, run on her own ideas. now she's leading every poll in every state across the country of republicans and democrats. >> does that sound familiar? >> my brother said he doesn't believe in any poll and then proceeded to cite them for hillary clinton. that's pretty funny. i do agree i don't necessarily agree in these predictive models. if they were right hillary clinton would have won the first two times and kept mr. obama in illinois where that would have been a much better thing for the country. but i don't necessarily believe in these things. mrs. clinton has some advantages. she has some disadvantages the biggest which she is tied to mr. obama's indecipherable and weak foreign policy. >> hillary clinton is going to have to come up with an answer on benghazi to make people feel better about it than they do now. she also has to come up with the russian reset. remember 2009. >> we want to reset our relationship. so we will do it together. >> not only was it spelled wrong, it ended up being a wrong approach. wouldn't you say so? brad? >> i'm not sure it's the wrong approach. in that clip, she wasn't talking to vladimir putin. vladimir putin was a problem, vladimir putin was a problem for george bush. he invaded georgia during the bush administration. i don't think hillary clinton will be judged when she runs for president solely by what happened in ukraine. certainly not benghazi where the republicans have played politics with that since the night that it occurred. she'll be judged on the totality of her crier -- career, including a number of her accomplishments including a deal with russia to reduce nuclear arms. >> are you buying that? >> she'll be judged by either going after the president on his policies now or standing with him in the past. she's going to be judged on the president's foreign policy record in total and she should be judged on that. >> it's going to be fascinating because it will be out of our hand. it's how things play out in the next year and a half and they'll have to tactically decide how they're running with them or against them. >> by the way brian, i'm giving up my brother for lent. >> dallas woodhouse and brad woodhouse thanks. 18 minutes before the hour. i shot them, that is the chilling confession by the man accused of kill the american sniper. after saying that can the insanity defense still hold up? judge napolitano is walking down the hall. demolition derby. what is going on behind the wheel and why that driver still has a license i'd like to know. ♪ across america people, like basketball hall of famer dominique wilkins, are taking charge of their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss but it may help you lose some weight. victoza is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza has not been studied with mealtime insulin. victoza is not insulin. do not take victoza if you have a personal or family history of medullary thyroid cancer multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza or any of its ingredients. symptoms of a serious allergic reaction may include swelling of face lips, tongue or throat fainting or dizziness, very rapid heartbeat problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza including inflammation of the pancreas (pancreatitis) which may be fatal. stop taking victoza and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need... ask your doctor about non-insulin victoza. it's covered by most health plans. if you're suffering from constipation or irregularity powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets. ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, for relief you can count on. a look at your news headlines caught on camera. watch as a 92-year-old man smashes into ten parked cars in a matter of seconds. first crashes in, tries to pull out of a spot, then hitting more cars while driving away. police say the man panicked and may have him retake a drivers test. i believe he has collision on his car. thieves caught stealing a puppy from a pet store. a man in denver opens up the pen and hides it under his shirt. the owner chases after the accomplice who gets away. police are still looking for him this morning, looking for a man with little scratches on his chest. steve? >> meanwhile a texas jury watches police interrogation video of the man accused of murdering the american sniper chris kyle and his friend two years ago. eddie ray routh appolzs -- apologizes for killing them saying i guess i need to be doing more thinking in this town than hurting people. i'm so sorry for what i have done and if i could have done it differently i would have have done it so much differently. >> routh saying he knew it was wrong. the defense saying he was psychotic at the time but do these developments hurt his case? we're going to ask judge andrew napolitano. good morning judge. >> good morning guys. the laws are different in each state obviously. and texas's procedure is it is the defendant's obligation to come forward with evidence to satisfy the jury that he is insane or was insane at the time of the courtroom. insanity meaning he didn't know right from wrong. he thought he was shooting a sack of potatoes or a lemon rather than killing a human being. in most states it is the government's burden to prove he is sane. >> in this case when he said in this videotaped confession we're looking at right here -- we only have voice over of it. we don't have the audio, he said he knew that what he did was wrong. what sort of admission was that? >> you have to take the big picture here and the big picture here is the defense now has the option to have the jury hear words out of the mouth of the defendant in which he's saying things, some of which make sense and some of which don't without him going on the witness stand. i can tell you right away what's wrong with that confession. it's unlawful to elicit a confession where the defendant is confined. he's confined. he's got handcuffs on. >> probably for his own safety? >> look at him. that's during the confession. if he did that in a courtroom, the prosecutors could ask him questions about his bizarre behavior. >> judge, he just murdered two people in cold blood. >> correct. this is why it's questionable whether they should have put that confession on. they have a mountain of evidence against him. when they put things on before the jury that gives the defense the argument look at the way he's behaving that's not normal behavior, it lets the defense get that behavior before the jury without presenting him for cross-examination. >> it makes their case more vulnerable. >> on the other hand the evidence of his guilt is overwhelming. texas is a state that rarely, rarely excludes murder convictions because of insanity, because of the attitude of texas laws and texans. >> what about that crazy voice mail he left? he left it on chris kyle's machine. >> it was right before the killings there. it said hey man, i'm going to give you a shout. kind of a sad day when it rains. good but sad. rains will come and rains will leave. i guess that's what they do. >> there's two ways to interpret that. one is some weird signal to chris that he was planning and plotting to kill him. this is a case in which the government alleges that he planned and plotted. the other is that he is either profoundly disturbed or legally insane because this makes no sense. it is up to the jury to decide. there is no question who pulled the trigger. the jury has to decide what was >> coming up, the today show spent almost 15 minutes on its saturday night live special. meanwhile, the global concerns over isis got 60 seconds. where is the outrage? and would it have been different if muslims were killed instead of all christians but ended up nowhere. now...i use this. the nicoderm cq patch with unique extended release technology helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq. these new nature valley nut crisp bars are packed with nuts, seeds and sweetness. stick to simple, like nature valley nut crisp bars. nuts. seeds. sweetness. boom. delicious. you just got a big bump in miles. so this is a great opportunity for an upgrade. sound good? 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where is the universal condemnation by muslim leaders around the world? bishop jackson is senior pastor of hope christian church in washington, d.c. and is our guest this morning. thanks for being with us. >> thank you for having me. >> when you hear some of the reaction from christian leadership right now about the lack of reaction from our nation's leaders asking really that question you heard from reverend graham, do you believe that if it was flipped, if christians had killed 21 muslims, there would be a different reaction, both in the media and from the white house? >> certainly there would be a different reaction. there would be an outcry that would say that we're wrong. i believe this is not an hour in which religious leaders have to have courage. i want to speak out and ask my islamic leaders and religious leaders of every faith to say this is wrong. thomas aquinas and really the father of the just war theorum told us when innocents are being murdered it's a moral crime. one of the laws that we operate by in terms of, quote quote, war, is that innocent people should not be treat as combatants and soldiers. this is universally not allowed in any faith. it's wrong and i think we should hear from the muslim community and more from the christian community. we need to cry out. we need to pray. we need to call upon the president and both senate and congress to do something now. the lack of response is, in fact allowing those who think differently than us, islamic terrorist types to think we're weak. if they think we're weak, they're going to do more. that's the hour we face. >> what about the lack of leadership in the media? 14.5 minutes on saturday night live's reunion. but only one minute and 20 seconds on the isis beheadings. what do you think about that? >> i think it is very important that we do have some response by the media. this is a moral issue. there is going to have to be voice given to it. it cannot be ignored or there are consequences. >> evil exists. we thank you for joining us this morning. >> thank you so much. coming up, he's got 2,000 arrests and hundreds of awards. but the world's most decorated nypd detective could be called a hero or a villain, you say. he joins us live straight ahead. ♪ ♪ here at fidelity we give you the most free research reports, customizable charts, powerful screening tools and guaranteed 1-second trades. and at the center of it all is a surprisingly low price -- just $7.95. in fact, fidelity gives you lower trade commissions than schwab, td ameritrade and e-trade. i'm monica santiago of fidelity investments, and low fees and commissions are another reason serious investors are choosing fidelity. call or click to open your fidelity account today. shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners were just as simple? 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"how can my car depreciate before it's first oil change?" you ask. maybe the better question is why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance. good morning. today is tuesday, february 17. i'm elisabeth hasselbeck. a fox news alert. the president's prize executive order granting amnesty to millions of illegal immigrants blocked by a federal judge. what the news breaking this morning means for the white house. and they behead innocent christians and want america destroyed, but now there is a new plan to combat isis. get them a job. >> we can help them build their economy so they can have job opportunities for these people. >> right. let's get them jobs. is our war on terror on the wrong track? try to answer at home without smiling. >> okay. donald trump picks the next celebrity apprentice. >> the celebrity apprentice is leeza gibbons. >> our money was on geraldo. how is he taking the news? we're on the red carpet with reaction this hour because mornings are better with friends. >> this is larry the cable guy. you listening to my friends over at "fox & friends". >> we thought last night geraldo was going to get er done. >> came up short. >> we were rooting for him. >> a snowy day here in new york city, but a big news day. a fox news alert this hour, our top story, a federal judge in texas has blocked president obama's executive action on immigration. >> according to the judge giving millions of illegal protection from deportation it could cause states arriererepairable harm. what does this mean and how many people does it affect? will this ruling stand up? let's bring in andrew napolitano. what does this mean in terms for those states that weren't part of the lawsuit? >> that's a great question, brian. fortunately for them, 'cause they didn't spend a nickel, this protects them as well. so even though -- >> from the executive order? >> correct. even though 26 of the 50 states filed this lawsuit. all 50 states will benefit from this. what do i mean by benefit? the burden of providing social welfare benefits to those that the president said were illegal but i've declared them to be legal, essentially falls on the states and that was the states' argument, that the president was causing them irrepairable harm. not congress, by forcing them to spend money they didn't have. >> we should explain what happened. the judge yesterday in south texas said okay the thing that goes into effect tomorrow, the executive amnesty essentially he is stopping it because he says if it goes into effect then it would be hard to put the genie back in the bottle. >> correct. first of all, this is a preliminary ruling. when judges make preliminary rulings like this, there is no jury in the case. this is 26 states saying judge, look what the president did. tell us preliminarily if we are likely to prevail. he spends a month examining the law and arguments from both sides and says yes. i think you will prevail. and yes i think you will suffer irrepairable harm if i don't stop the president. so i'm going to stop the president from doing this. why am i stopping him from doing it? because, according to this judge, the president profoundly changed the law without going through the proper procedures for it. listen, i'm not neutral on this. i've been criticizing the president from day one. so this is gratify to go have a federal judge do this. this is the first of many judicial interventions in this case. but it is a rare event in our lifetimes, in modern american history where a federal judge a single federal judge to enjoin the president of the united states from doing something on his own. >> wow. so this in terms of what it means for executive action moving forward does it indicate -- >> it means the department of homeland security, which was to have implemented these changes today, cannot do so unless they persuade this judge to change his mind or unless they appeal him to a higher court and that court invalidates him. >> people are -- it's bush appointed judge. does it matter? >> no. texas is a conservative state. there are 26 plaintiffs in this case. the united states court appeals for the 5th circuit, which includes texas will probably hear an emergency appeal from the government, 'cause the government had awful its regulation -- all of its regulation that it made up which is where it violated the laws of how you make -- come about with new regulations ready to go. the government is not going to take this sitting down. they're probably going to seek an emergency appeal today. prediction? the court of appeals headquartered in houston, will not interfere with what this federal judge did last night. >> which means? >> that the president will be stopped, stayed from implementing these. >> you're surprised? >> i am surprised. i just read the paperwork thanks to our producers. it's thorough, complete, and in my view, a very sound explanation. >> so the president of the united states simply exceeded his authority. >> profoundly exceed his authority. >> judge, thank you very much. >> you're welcome. >> we'll pay you twice because we had you for the 6:50 and now. >> okay. >> i like we can see you all morning. now is heather nauert. >> good morning. and speak of seeing you i saw you at the massive binder in the hallway as you were reading that. another fox news alert to bring you. the same denmark cafe where a deadly terror rampage occurred saturday was evacuated once again this morning. police investigating a suspicious package but now have given the all clear. this as we learn the suspected gunman posted on facebook swearing fidelity to isis just days before that deadly attack. last night in copenhagen, 40,000 people gathered for a candlelight vigil to remember the victims there. millions of us waking up to record low temperatures this morning. snow in washington, d.c. forcing the federal government to close their doors today. but they do that even when they don't get a lot of snow. the weather doesn't stop these firefighters. in philadelphia, they battled 3-degree temperatures for three hours putting out a fire and then leaving the building coated in ice. it looks like something out of "frozen." wow. and then the south is not being spared from the cold. in georgia, freezing rain causing a dangerous commute. drivers warned to look out for black ice. be careful out there. and an explosive train derailment in the southern part of west virginia sending plumes of smoke sky high. now in that area, state of emergency is in effect for two counties after a csx train hauling crude oil flying off the tracks. 14 tankers exploding and catching houses on fire. 85 people have been forced from their homes. look at those flames. nearly 30 of the train's 100 cars jumped the tracks. one spilling oil into a river that's used for drinking water. residents are now being told to conserve water as emergency crews bring in tanker trucks. we'll keep you posted as this develops throughout the morning. then it is fat tuesday the streets of new orleans ready for a big day of celebration. taking a live look at bourbon street. it's a little quiet out there. but that will soon change. people have been partying for days in the french quarter. today, more float costumes. the party leading up to start of lent. i'll see you back in a half hour. >> we party today because tomorrow we pray. >> that's how it goes. the white house starts its get together in a white house summit to defeat terror apparently. can't say terror. >> they call them terrorists. >> but they've been referred to this movement as violent extremism. 60 nations in a three-day summit will get together to discuss methods by which they can perhaps convert them by means of job training, perhaps they'll get an internship and maybe be able to have them be people willing to be led. >> even though we're not mentioning muslims in this summit, care is protesting. saying it brings up the wrong committeation. >> here is the thing -- we're talk being these isis monsters. according to the state department, these monsters should probably just go to monster.com because what they really need, the reason they hate us is they don't have jobs. not making that up. here is marie harf. >> we're killing a lot of them and we're going to keep killing more. so are the jordanians and egyptians. but we can not win by killing them. we can not kill our way out of this war. we need in the longer term to go after the root causes that leads people to join these groups, whether it's lack of opportunity for jobs. >> we're not going to be able to stop that in our lifetime. there is always going to be poor people, poor muslims. as long as there are poor muslim, the trumpet is blowing. we can't stop that. >> we can work with countries around the world it help improve their governance and build their economy so we can have job opportunities for these people. >> right. >> improve isis' governance. that's hilarious. and give them jobs. >> here is the thing, if anyone studied with al-qaeda and the reasons they join, we don't interrogate or talk to anyone of the but when we used to capture them, khalid sheikh mohammed went to college. you have bin laden comes from a billionaire family. you have mohammed atta was from an upper middle class family. they weren't coming here because they had no money or opportunity. they're coming here because they subscribe to an extremist philosophy and this is their best way to perpetrate their image. >> that three-day summit is more like a job fair? >> maybe we could blame ourselves for this. >> so they need jobs. that's not right. they just want to kill us. but what's scary is the fact -- and the white house isn't going to call it islamic terrorism. this is the headline in the new york post today. the pope, pope francis is really angry. he has looked at this video and he knows that what these guys who beheaded these particular egyptians, they said we will conquer rome by leila's permission -- allah's permission. where did they wind up with the crusader's business? was that what the president of the united states was talk being a week or so ago? pope francis says these men were beheaded simply because they were christians. that is something that our white house is not admitting, but is a flat out fact and instead whether the white house -- and instead they say they were citizens. they were, but they were killed because they were christians. >> officials said they're not treating these people as part of a religion, period. >> but 45 were kidnapped and sadly, i think they're looking at the same fate. we'll continue to examine it and try to get them a job at arby's. >> so they were beheaded on a random beach. coming up, he's got 2,000 arrests and hundreds of awards under his belt. but by today's rules, would the most decorated police detective be called a hero or villain? that guy is right there and he's joining us next. good morning. and apparently this guy hasn't heard the saying don't feed the bears. they come to his kitchen window it get a snack. ♪ ♪ huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know words really can hurt you? what...? jesse don't go! jesse...no! i'm sorry daisy, but i'm a loner. and a loner gotta be alone. heee yawww! geico. fifteen minutes could save you fifteen percent or more. jesse? since childhood, most of us have been taught that police officers are the good guys and the criminals are the bad guys. >> lately it seems the two roles are being reversed and seems like the guys breaking laws are coming out on top. ralph freedman is one of the most decorated detectives in nypd history collecting hundreds of awards. >> would his story be the same if it took place under today's conditions? joining us now is retired new york city police department detective ralph freedman. good morning to you. >> good morning. >> what a story you've got. and looking at your many accolades and all the bad guys you brought down, could you have done what you did back then today given the way this mayor and others have handcuffed our cops? >> the city is safer today, it was more violent back then. it's a different era now. >> what personifies the different era? when you talk to the guys and women on the job now compared to the '80s? >> the streets weren't adds safe back then -- as safe back then. there was more crime, you know, it was a rougher time in the early '70s. >> one of the things that made the streets safer stop and frisk, which was in effect until recently. >> stop and frisk is a very good tool and the police need that. >> but you were in some -- >> they didn't totally stop it. they redefined it. >> that's right. >> when you were -- it was the most dangerous time and some of the most dangerous areas of the city here, when you look back, what are some moments that really stick out in your mind? >> one of the biggest moments was arbitrator i killed who tried to kill me and my partner and shot my partner six times hitting him once in the heart. he lived and made medical history and he needed 72 points of blood in three hours. and i shot it out with him in less than three feet and killed him, but i didn't get wounded at all. >> detective, could you hold up your right finger right there? can we get a close-up on that tattoo where it says justified 4 x. what does that mean? >> well, i've been in 15 shootings and i shot eight perpetrators, killing four of them. and this is justified four times i had to go before the grand jury and account for my actions which any police officer would have to do. and four different incidents i got justified for doing what i had to do. >> so back then, we're just trying to get a sense of what it was like being a cop then as compared to now. you have a great sense 'cause you still talk to guys on the job today. they asked in a poll about what's going on with our police force today. they said about approval ratings. 54% of new yorkers approve of the job the nypd is doing. but 63% say the nypd does not treat new yorkers equally. >> i don't see that. i think police officers do a great job today. i think most of the public appreciates them. i think there is a small amount of people that are very vocal and loud and get more attention than they deserve for knock the police. >> what's going to rectify the situation, the current situation between the mayor and the nypd and knowing where -- we're the center of the number one target of terrorists in the world. >> moss people appreciate the police and know they're doing a good job. the mayor is coming around now and it's straightening itself out. i think it's getting a little better. >> do you think today you would have the same respect and would you have been decorated the way you were when you served to protect now with the restrictions and the new stain in the eyes of too many unfortunately, on the police? >> it's hard to say. it's a different era. i'm retired 32 years already. i was on the job 45 years ago. it was really very different then. >> would you feel you could serve like then under the mayor now? >> it's not really the mayor. it's the whole political correctness today. it's different climate totally. >> without a doubt, you are the most decorated new york city police detective in history. ralph freedman, thank you very much for joining us today. >> thank you. >> thank you. you can stick around. all right. >> we will. >> thank you for all you've done. what a story. >> incredible. >> somebody ought to make a movie. >> ten minutes before the bottom of the hour. >> that's right. this coming up, i shot them. the chilling word from the man accused of killing the american sniper and that's not all that he had to say. more from his confession and how it changes his insanity plea. donald trump picks the next celebrity apprentice. watch. >> the celebrity apprentice is... . >> how is geraldo taking the news? his reaction is on next. >> good tease. which one won? ♪ ♪ why do people count on sunsweet amazin prune juice to stay fit on the inside? it's made only from prunes nothing else. it's works, simple as that. it's a natural source of fiber and five essential vitamins. try sunsweet amazin prune juice. also available in light. i'm louis, and i quit smoking with chantix. i told myself for so long that i needed to quit smoking. i would quit then i'd go right back to it. chantix absolutely helped me quit smoking. along with support, chantix (varenicline) is proven to help people quit smoking. chantix helped reduce my urge to smoke. some people had changes in behavior, thinking or mood hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some people had seizures while taking chantix. if you have any of these stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix or history of seizures. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems or develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. decrease alcohol use while taking chantix. use caution when driving or operating machinery. common side effects include nausea trouble sleeping and unusual dreams. i'm not worried about smoking my next cigarette. to me that feels great. ask your doctor if chantix is right for you. time for news by the numbers on this snowy tuesday. $1.5 million. that's the cost of restoring this airplane, the first ever air force one. right now the lockheed constellation is just sitting in the arizona desert looking for a new owner. president d. eisenhower used it while he was in office. next 100. that's how many people who are one step closer to becoming the first humans on mars. now they will compete for the chance to win a one way televised trip to mars. a dutch reality show planning to send four people by the year 2022. finally, 46. that's how many bridal bouquets a utah woman has caught. now she's applying to be in the guiness book of world records after 46 of them. she's been to more than 100 weddings and calls this a hobby. congratulations. >> i want to know how many little kids she knocked out of the way to get them. i've seen that happen. >> watch out! >> last night the "celebrity apprentice" had their finale, one of the most successful seasons in years and had a lot to do with geraldo rivera, being one of the best, most exciting players and leeza gibbons never going into the boardroom. steve, you were on last night because you went to the last pass. >> exactly. it was where they were supposed to make some videos and ultimately donald trump said that leeza actually did a better job making the video. so who won? here is the trumpster himself. >> the celebrity apprentice is leeza gibbons. >> i mean, i was able to go to the studio version. steve, you went to the last episode. so right there, geraldo walked up to me and said, what do you think? and i said geraldo i think it's leeza. >> you did not. >> i had to be honest, because they both were extraordinary but i just thought that leeza nailed it in her last thing at the end. i had a chance to go to the red carpet at trump's building and here is what it sounded like after the two who were both winners talked about the ultimate decision. >> i feel like a winner. we did a great job for our charity, our cause. the fox family rallied around me in a we that was so yes sirsive. i don't -- impressive. when you see what's happening in the news business and how people attack each other, the fox news family is the most intact, functional reliable, sincere, generous, i mean, i really am honored to carry that flag. >> i kept saying, the two of us, i would have toasted him as a victor as he would toast me as a victor. that's how we are. >> that's right. i was proud to be alongside her and she did a fantastic job and i honor her. absolutely. >> thank you. >> we all had a good time. it was a great show and probably did very well. it's a little early to know that. but as you know, it's been a real success and geraldo your friend did a fantastic job. he's really a champion. and everybody up there was a winner. but he really did a fantastic job. >> ultimately the big winners are the charities that they represented. >> that's true. >> each one of those raised a lot of money for them. >> millions of dollars for great causes. >> and the executive lounge, so afterwards, one thing was clear. the journalists helped as much as the athletic genes. the way geraldo was able to motivate. here is some pictures from what was going on last night. so i decided to share some. i tweeted some out. that is the -- right after the whole show was done. they all took pictures in the boardroom. that's leeza and that's donald junior. >> and ivanka. >> this is a trump -- are you at the boardroom table? >> i am. >> why aren't you wearing a trump tie? come on, what's the matter would with you. >> when i realized that, i quickly took it off. one thing this is a trump family story because you have the grandkids, the nieces, the nephews, the uncles. this is a tight family unit and there is a lot of people who think when you become a billionaire, the family doesn't matter. this family might as well be doing a christmas special. >> they're brilliant in business and really brilliant in so much funding to charities. >> right. i was just gog say and just one of the things about it, we have known for almost a year that the finale was going to be geraldo and leeza gibbons. so we've gone through the entire season. we haven't uttered a peep about that and to us i salute you, brian. >> i would say it was hard for me. i got to give credit to allison mansfield, the producer of radio, 'cause she was my camera person. we took the camera downstairs. i am wearing bill hemmer's suit because i had to stay overnight. this is bill hemmer's suit. this is the reason i'm making so much suit. >> it says high performance. >> that's really because i'm making a lot of sense today. it's the hemmer suit. >> how did you wind up with his clothes? what happened last night? >> he was there for me steve. you had gone home already. >> yeah. how did you get his clothes? >> i went to his office. he said take my suit. you can stay. >> heather and i share dresses and shoes. >> everyone has a story. >> congratulations to both geraldo and leeza. now, 7:30 in new york city n that's right. coming up, an accused al-qaeda terrorist goes on trial today in new york city and the new evidence now has experts comparing the terrorist groups to the mob. and millions of americans waking up to record low temperatures and treacherous commutes. what you need to know before your car ends up like this. are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr. the latest choice for frequent heartburn- and get nexium level protection. ♪ campbell's® fiesta chicken lime tortilla. sausage and pepper rigatoni. southwest style bean & barley. tuscany style chicken and pasta. if you think campbell's® 33 new soups sound good... imagine how they taste! m'm m'm good!® hey, girl. is it crazy that your soccer trophy is talking to you right now? 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it's red, white and blue. log on to learn more. things really bad in new england. all they're talk being on the news. check out this local news story. >> this storm is shattering records all across the state. snow just keeps coming. here is what some officials had to say about the situation. the mayor says this is a nightmare. i haven't slept in 48 hours. school superintendent said we've had to cancel school for several days and there is no end in site. fifth grader said, this is the greatest week of my life. >> fifth grade! >> was that real? >> it is real. >> i got a feeling that's one of the very popular fake newscasts. >> oh, okay. that's right. >> i would have bought into that. >> wow. frozen temperatures certainly felt by millions around the country this morning and we are feeling them right here in new york city. it is chilly. >> that's right. the harlem river, east river around manhattan totally iced over making it difficult for a commute for folks who take the ferry. this is an image from yesterday. >> right. you would be better off swimming. maria molina outside tracking what's ahead for the country. what are you going to say? >> i know i'm going to make a lot of school children very happy because we're tracking a storm system that's produced a lot of snow across parts of the mid south. even states like tennessee, kentucky, and the carolinas get not guilty on some of that winter action this morning and yesterday. look at current windchill temperatures across the country. well below zero in places like minneapolis. 6 below zero in cleveland and cold as you head into portions of new england. take a look at the forecast low force tomorrow and pretty much over the next week. we're going to continue to see that cold air just reinforcing shots of arctic air, continuing to move south from canada and impacting portions of the midwest and also into the northeast. otherwise here is a look at the storm system that we're tracking early this morning. most of it already offshore. we're still seeing areas of snow across parts of virginia and down into north carolina. we have photos from west virginia. this is one area hit hard by our storm system. we have some higher elevations out there and really picked up more than six inches of snow in many areas. but it was a quick moving storm system. that's really the one thing that limited some of those totals. but hard hit areas also including kentucky and another viewer photo from cleveland, ohio where windchill temperatures that are below zero early this morning. make sure to keep them coming throughout this morning. we'll try to get them on air. you can tweet them at fox maria molina or to us at www.foxandfriends.com. and by the way, we're tracking another storm as we head into tomorrow that could bring some pretty heavy snow across portions of the midwest and eventually into the northeast. we'll keep you updated. let's head back inside. >> we thank you very much. why don't we all live in florida? why don't we move the fox news channel to miami? >> why don't we as a nation move south in the winter and then move north again in the summer? >> the people who are watching right now down in florida they're just going... . >> let's follow the birds. can we do that? >> heather, you're up for florida, right? >> absolutely. we're all moving into your house. >> with the storm, that's a perfect storm to get another outdoor segment tomorrow. >> i love it. all segments inside today. i've got some serious news to bring you today. the prosecution is expected to rest later today in the american sniper trial, but not before the jury hears the confession made by chris kyle's accused killer. in the tape eddie ray routh apologizes, saying quote, i'm so sorry for what i've done and if i could have done it differently, i would have done it so much differently. he also says he knew it was wrong. the defense claims that he was psychotic at the time, but will this stand? >> the defense now has the option to have the jury hear words out of the mouth of the defendant in which he's saying things, some of which makes sense and some of which don't without him going on the witness stand. >> jurors also heard voice mails that routh left for kyle the day before the murders. he told him quote, hey, man. i'm just giving you a shout. kind of a sad day when it rains. it's good but it's sad. rains will come and rains will leave, i guess that's what they do. sounds like a plot out of the movie "the godfather." al-qaeda terrorists forced to sign an oath of allegiance to osama bin laden. details of the contract discovered during the raid on bin laden's hideout. the o'is expected to take center stage today during today's trial of the accused terrorist nasir charged with plotting to blow up the new york city subway system and malls in europe. we told you about this guy, a german rapper turned isis poster boy had a spy under his own nose. a report claims his wife was working for the f.b.i. informing the bureau of top secret isis operations. that woman who is now believed to be in the united states married him in syria and handed over the intelligence. just last week, he was designate add global terrorist. a russian guy caught beating a -- feed ago bear outside his window. you can see the bear forcing his huge paws right inside the house. kind of like he's asking for food. that guy was not hurt. that guy is not too bright. brian, over to you. >> i fed the bears at the super bowl. i got to tell you what's happening in sports. lance armstrong learning about pay backs the hard way. he and his former team owner now order to return $10 million he got from sca promotions. his bonuses for winning seven tour defrance championships. they helped expose his use of performance enhancing drugs leading to a lifetime ban and stripping him of all his wins and possibly dignity. when is it too early to start thinking about college ball? get this, recruiting web site rivals.com announcing it has begun actively monitoring two sixth grade college football prospects. one of them, a runningback, and the other a 5' 2 quarterback. the web site claims they were extremely impressive at a recent sports camp. they don't even graduate high school until 2021. then they'll learn long division second semester this year. and jameis winston is getting set to show off his skills for nfl scouts this weekend, right? but a recent photo on twitter has some wondering, this is for you, elisabeth -- if he's too overweight. winston's quarterback coach defends his 2013 winner, claiming this photo was taken more than a month ago and since he's lost 15 pounds. usually guys get -- >> they have until their spring workouts. >> right. so you don't feel he should feel the pressure right now? >> no. i think as long as it's all where it needs to be by august. >> the one thing about this is you can't have senioritis. >> you can not do that. >> 19 before the top of the hour. coming up on this tuesday telecast isis beheaded 21 coptic christians purely because they were christian. but according to the white house, they are egyptian citizens. no mention of christian. why leave out such an important part of the story? peter johnson, jr. next. and that tattoo with your ex-girlfriend's name on it no longer a permanent problem. the new invention that's supposed to erase that ink without the pain next. >> are you watching tom arnold? >> or angelina jolie too right? ♪ ♪ when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving the instant it touches your tongue ...and neutralizes stomach acid at the source. ♪ tum, tum tum tum...♪ smoothies! only from tums. some quick headlines for you now. do you want to get rid of that embarrassing lower back tattoo you got in college? you're in luck. a 27-year-old from november psycho is that develop ago tattoo removal cream. how does it work? unlike laser the lotion attacks your body's cells filled with ink and minimizes inflammation apparently. and we now have the plus version. bleacher preachers known for making plush dolls of athletes ready to cash in on the pontiff craze with this ten inch replica that will cost 20 bucks when it hits the shelves. pope francis condemning the islamic state's beheading of 21 egyptian coptic christians saying their religion is the only reason they were slaughtered. >> their only words were jesus help me. they were assassinated simply for the fact that they were christian. >> wow. the white house on the other hand, refused to refer to them as their faith. calling them victims, innocents, in a statement. so why not identify the killings for what they really are? i can't make sense of it. fox news legal analyst peter johnson, jr. here now with the reaction. >> because the white house is not willing to identify the nature of this terrorism. there are some people who are experts on islamic terrorism and the islamic faith who say this is an offshoot of the apocalyptic books and talks about the end of days. and that the white house will not understand that there is this understanding of islam by these groups, nor will they recognize it. the white house wouldn't recognize that the deli victims, that it was a jewish deli. now we have so-called innocents. won't recognize them as christians. so until you begin to realize that isis or isil or al-qaeda or these offshoots, one of their goals is destructive of the jewish faith and of the christian faith. and to say it openly and without embarrassment and not say it in a way to offend the muslim population of the united states of the world but to say it so we understand the enemy that we are facing. the pope said it. cardinal dolan said it today in the "new york post" in a courageous editorial that he wrote. the prelate for the new york area. why can't we hear it out of the white house with regard to jewish and christian victims? >> the going theory is there is a billion muslims in the world and the president is concerned about telling the billion muslims, we're at war with you. >> i think the concerns are unwarranted. i think the concerns are based on some sensitivities that he and the white house have that are really unexplained. if we're dealing with an enemy that wants to destroy civilized culture in the world, an enemy that wants to destroy many civilizations, jewish, even islamic to some extent, i think you need to call a spade a spade and say we can't stand for this and the way the pope did, cardinal dolan has and other religious leaders have. >> kareem abdul-jabbar came forward and one thing he said is saying that all muslims are responsible for this is like saying that christians are responsible for the kkk. >> it's gotten out of control in terms of this white house. we go back to teddy roosevelt. we talk about the big stick policy of the united states president, of a robust, strong american foreign policy. have we now become the selfy stick foreign policy, this kind of narcistic, self researchial witness to history? we can't be witnesses to history or we will become victims of history in these united states of america. the president and the white house need to wake up on this issue, to call it what it is. christian victims are christian. jewish victims are jewish. say it. take on the enemy today. again, he's disappointed us on this issue. >> three weeks two weeks ago it was the crusades. last week it was the buzz feed video despite the murder of the latest hostage, and then this week it was golfing on monday. >> and isis gets ready to go to rome, they're talking about crusaders. crusaders. >> peter johnson jr., thanks so much. 11 minutes before the top of the hour. coming up, do you scream for ice cream? why not get paid for it? cheryl casone has a way to do that next. first on this day in history, 1801, thomas jefferson was elected president. soon after he would declare wars on bar bary states. in 1972, the vw became the best selling car. in 1997, "wanna be" by the spice girls was the number one song and still on my ipod when i really want to groove. claritin-d presents two allergy sufferers. one had allergies with nasal congestion so he tried the newest allergy spray, which could take several days to feel the full effect of relief. the other went straight to the pharmacy counter for the fast, powerful relief of claritin-d. it's tough on allergies with nasal congestion and starts to work in just 30 minutes. the moral? nothing works faster than claritin-d. find it at the pharmacy counter. and live claritin clear. at one of the five companies that cheryl casone is listing this week. she's got five companies that are hiring. the first one, one of the finest manufacturers of audio equipment, the former hearmon equipment. >> they're really changing the way that basically cars operate and that everything is going blue tooth and gps and internet and voice control and voice texting. we're not going to be driving our cars anymore. but they are hiring. they have 138 jobs are available. the engineers pay well. up to 140,000. they're trying to build up these new technologies. that's for vehicles. they're hiring in detroit. they've got a new manufacturing plant that they're opening up there. detroit cars. there you go. >> meanwhile, we're lazy. as people americans are that's why janpro needs people to clean houses. >> they're really looking for and this is a big thing for 2015. this is for home entrepreneurs. this is one of those types of companies that you can work for but out of the home. anywhere from 800 to 1,000 new owners will be opening up shops wisconsin, texas, iowa, new york michigan. not all will be out of the home. some will do store fronts. more and more real estate with prices the way they are right now, these guys don't want to do it. they have a very -- the cleaning process is very environmentally friendly. nobody wants to inhale those chemicals. >> of course not. >> so we're lazy and we have a sweet tooth. that's why this company is looking for people. >> this company started in 1945 actually. and if you're even a shift operator, 30 to $35,000 sales up 5%. they've got from 50 to 200 jobs that will be opening up this year. and the company is expanding. i know it doesn't sound good when it's negative zero something whatever outside right now, but ice cream is still a popular thing. >> absolutely. i don't know if this next business existed before hgtv. the show homes is a company that stages houses. it's hard to sell an empty house, so they go in and put furniture in. >> they really go into the big, the million dollars homes. that's where they really target. those are the ones you really want to sell. and they're going to be hiring from 75 to 200 people in 2015. florida, california, illinois, north carolina. they've logged about 25,000 sales. they can also come into your house for one day if you want to do an open house and you're like my house looks horrible. they'll come in and fix it up for you. >> how would you like to be a wing man? >> atlanta-based company. you've probably been to a wing zone. they're popular. 20 to 30 new locations will open up this year. that's about 600 jobs, shift managers cooks cashier, greeters, assistant managers and managers. this was started by two kids in college at the university of florida. of course they started a wing company. >> that's fantastic. >> wingses and beer. why not? >> go to our web site and you can find out all the jobs and don't miss cheryl on fox business. to find it in your area g to foxbusiness.com/channelfinder. >> thank you. coming up, they threatened to destroy the united states. but here is how the white house thinks we can win the war against isis. >> we can help them build their economy so they can have job opportunities for these people. >> yep. defeat isis militants by giving them jobs. laura ingraham, gee i wonder what she's going to say. you'll hear on the other side of a quick timeout you would drop everything in a heartbeat to care for mom or dad at home. but when their needs become too much, call 844-4-brightstar. brightstar care takes home care to a higher level. with the care your loved ones need to age safely and happily at home; delivered by professional caregivers your family can trust. start today with your free custom care plan created by a registered nurse. ♪ for a standard of care ♪ ♪ that raises the bar ♪ ♪ call 844-4-brightstar ♪♪ the road. it can bring out the worst in people. but the m-class scans for danger... ...corrects for lane drifting... ...and if necessary, it will even brake all by itself. it is a luxury suv engineered to get you there and back safely. for tomorrow is another fight. the 2015 m-class. see your authorized dealer for exceptional offers through mercedes-benz financial services. good morning. it is tuesday, february 17. i'm elisabeth hasselbeck. a fox news alert. amnesty on hold. overnight a judge blocking the president's executive action on immigration. now 5 million illegal aliens may not be able to stay here after all. why experts are calling the decision a big blow to the white house today. and yes, that's me looking at steve. >> thank you. i shot them. the jury hears the chilling confession from the man accused of killing the american sniper chris kyle. what they can expect when the prosecution wraps its case today. steve, keep your eye on me. and they behead innocent victims while threatening to destroy america. but according to the white house, here is how we can win the war on terror. >> we can help them build their economy so they can have job opportunities for these people. >> defeat isis militants by giving them jobs. wow. i hope we have a plan b. by the way good news mornings are better with friends and it's us. >> i'm donald trump and you're watching "fox & friends," and if you turn the channel, you're fired. >> last night donald trump fired geraldo and gave the big crown to leeza gibbons. >> did he something very subtle. he didn't fire geraldo. he hired leeza. >> he did. >> it ended on a positive note. >> and he did say as he interviewed him, he's a champion. >> and erica, in the middle -- who married geraldo, which was a great move. >> you mean his wife? >> he lost but the good news is he gets to go home with me. which shows they have a great relationship. >> she just had a birthday. happy birthday. >> we have a great relationship with laura ingraham. she joins us every week and today is the day. how are you? >> will not be stopped by this cataclasmic snow storm in washington. >> the government not working today. only if you're an essential person. >> no, no. but isn't this a great way to cut government? anyone who can't make it in, they're obviously not essential and the government still goes on. so that's an easy cut right there. >> you're essential 'cause we had to talk to you about this, because breaking overnight a federal judge down in texas has looked at the executive amnesty essentially that the president has signed supposed to go into effect tomorrow. he said stop. i'm going to block that because if you start it, it would be impossible for the states, the two dozen or so states that are suing the federal government to put the genie back in the bottle. this is a big defeat for the president. >> yeah. it's spot a ruling yet on the merits. but it's an indication of perhaps where this is going because the court is basically saying there is a decent likelihood of success on the merits for the states that are saying huh-uh we don't want this. it's unconstitutional. it's a separation of powers issue. so the court comes in and gives injunctive relief. it says we don't want to make this situation worse by allowing this amnesty to go forward and then yeah, you're right rolling it back after they issue the i.d.s, after people are working and various job sectors i mean forget t. it's very difficult. so it will be interesting to see the way the administration spins this today. but there will be other courts that will come out with other rulings and we would hope they would be consistent. but you never know. >> just to follow up 'cause you have the legal background your understanding is the fifth air kit will look at this and will decide not to touch it, so therefore, they're going to just do a deliberation on the merits of this case? >> right. exactly. there will be a substantive case on the merits. this is injunctive relief. it's basically saying stop where we are right now. we're going to actually undertake a full review of the case on the merits. the arguments pro and con we'll make a final ruling. in the meantime, before we make a final ruling, this can't go fonderstanding of where the case is. i haven't read the entire decision. but that's my understanding of where we are today in the 5th circuit. >> whoa, nellie. >> not great day for the administration. >> not at all. you want this to go forward. you want the court to say oh yeah. this is a no brainer. i reject your application for a stay or a halt of this. >> being that this is stay? >> well, it might be. i think that would be a stupid way to go. i know there is some people have said over the last couple of nights, including on fox, that well, this program is funded by fees. so congress can't really affect fees. congress acted against fee-based programs just in the past year. so we've acted against that in congress. so there is no reason, in my mind, why they can't say, look, you can not collect fees or use fees to implement this program. otherwise a whole array of unconstitutional actions would just be fee-based actions. and the executive branch could always get around that constitutional rule. so we've been asking the administration to define your strategy with isis. now i think a lot of people are saying gosh, we're sorry we asked because we heard from the state department explaining how the strategy is no longer kill them all but maybe give them job training or internships. i think i about lost my mind. listen to this. >> a lot of them, and we're going to keep killing more of them. so are the egyptians and the ordainians. they're in the fight with us. but we can not win this war by killing them. we can not kill our way out of this war. we need, in the longer term, medium and longer term, to go after the root causes that leads people to join these groups, whether it's lack of opportunity for jobs, we can work with countries to help improve governance and help them build their economies so we can have job opportunities for these people. >> have these isis monsters go to monster.com and get a job. >> that's a strategy. >> i first of all, when i first watched her and god bless her i thought you had mixed up the clips for "celebrity apprentice." wait a second. where is lee zoo gibbons? no leeza gibbons would have had a much more insightful answer. so now the administration's position on this which is growing increasingly untenable in the public opinion polls are showing that people aren't buying this, that we need to improve job opportunities on the ground for the people who are being attracted to isis. we know a lot of people who are going to isis actually had jobs and were working. were middle class and upper middle class, mostly men, who had lots of opportunities, but they actually are following a religious order and an understanding to basically take the islamic state and sweep it across europe. that's what they want to do. last time i checked the obama administration had enough on its hands giving job opportunities to the tens of millions of americans who are out of work. so this is an insult to all the people in the world who are actually poor and not blowing people up and not targeting christians. we have guatemalans who are not targeting christians. we have people all overt philippines and india who are not targeting christians and jews. this is a religious war. the rest of the world is waking up to this and there is one person as far as i can tell really left, other than the "celebrity apprentice" herself in the state department who doesn't get this, and it's the president of the united states. increasingly isolated on this. >> and even the pope came out and referred to these people in these egyptians were murdered because they were christians. >> of course they were. >> here is the white house statement on the murder of these 21 egyptian catholics. the white house says says the white house condemning the cowardly murder of 21 egyptian citizens. they referred to them as egyptian citizens. meanwhile, you've got the pope saying this: they were executed for nothing more than the fact that they were christian. the blood of our christian sisters and brothers is testimony that cries out to us, be they catholics, orthodox, coptics, it does not matter, they are christians. their blood is the same. why doesn't the president get it? >> at some point, is this a psychological issue? i can't begin to analyze this. the actual beheaders according to the post today, said these people were followers of the cross. >> right. >> and pledged they would be coming to rome, that allah instructs them to sweep back across europe. they want to redo what they didn't win 900 years ago when the president was invoking the crusades and the inquisition, well rewind 900 years or so and that's what they wanted. this is what this was all about. this was establishing a caliphate across europe and to ultimately crush and destroy christian dom. it's been on the line in europe, we know that. but there are christians all overt world who woke up over the weekend and said, this is about us and our jewish brothers and sisters and they will not be stopped until they are killed. >> right. >> so marie harf and her view of the world and the president in his isolated view of the world are actually hurting the cause of destroying evil 'cause they won't really call it what it is. i think people are getting sick of it. i don't want to go all overt world and be the world's policemen, but i'm really getting sick of it at this point and i have my cross on every day, partly for a reason. i stand with the people who have been brutalized over the past ten, 15 years by the islamists. this is not new. >> we don't have to fight in every corner. we can't. but we can lead and we can provide the apparatus and the strategy to push everyone forward because there is a willingness to stand up for themselves, but the egypt januaries and others are waiting for us. >> right now the leader is the pope. laura, thank you very much. we know you got to do your radio show. we'll see you back next week. >> thank you. ten minutes exactly after the top of the hour. we've got a fox news alert. don't we? >> that's right that. is his first day on the job just moments ago, the newly confirmed secretary of defense ash carter arriving at the pentagon for his first day at work. his first meeting will be with civilian leaders of the pentagon followed up with a one on one with the chairman of the joint chiefs of staff martin dempsey. vice president joe biden will swear carter in at 11:00 a.m. eastern time and later in the day he'll meet with president obama. now another fox news alert to bring you. four suicide bombers dressed in police uniforms killing at least 20 officers in an afghan police station. the taliban now claiming responsibility for the attack which was considered to be highly coordinated. it happened 50 miles south of kabul. the bombers detonated their explosives in different parts of the police station, including a crowded dining hall. at least eight others were injured. the same denmark cafe where a deadly terror rampage occurred on saturday was evacuated once again this morning. police investigated a suspicious package, but they've given it now the all clear. this as we learn the suspects, gunmen, posted to facebook swearing fidelity to isis just before the attack. last night, 40,000 people gathered for a candlelight vigil to remember those victims. then millions of us are waking up to record low temperatures this morning. let's take a live look at the white house where the snow forcing the federal government to shut its doors. a couple inches there. freezing rain, snow, sleet and ice coating the roads in north carolina. look at this. it's making for a really dangerous commute this morning. so be careful if you have to go out. take a look at this. a car losing control spinning off the highway in virginia. nearly hitting a news crew. luckily no one was hurt. amazing. and those are your headlines. we'll see you back here. >> i got a feeling the camera guy saw that truck coming and probably took off. >> can you imagine? >> be careful everybody. >> thank you. 12 minutes after the top of the hour. up next, civilian trials for terrorists were supposed to be a good thing right? wait until you hear the fallout after this suspected terrorist asked to defend himself. like the prosecutors can't stand up to that. and four new reasons to be happy. ♪ ♪ my name is michael. i'm 55 years old... and i have diabetic nerve pain. the pain was terrible. my feet hurt so bad. it felt like hot pins and needles... coming from the inside out of my skin. when i did go see the doctor and he prescribed lyrica. it helped me. it's known that... diabetes damages nerves. lyrica is fda-approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. having reduced pain... is great, and i'm grateful for it. ask your doctor about lyrica and visit lyrica.com to learn about our $25 co-pay offer boy: once upon a time, there was a nice house that lived with a family. one day, it started to rain. the house tried to keep out all the water, but water got inside and ruined everybody's everythings. the house thought she let the family down. they just didn't think it could happen. they told the house they would take better care of her... always. announcer: protect what matters. get flood insurance. in less than two hours, the trial will begin for nasir accused al-qaeda terrorist in and one of the many. prosecutors say he's linked to these men who were part of a failed attempt to bomb new york city's subways back in 2009. the accused operative who will represent himself in court won't be allowed to leave his chair, but a federal judge has ruled prosecutors must also abide by the same rules. so is this fair? let's ask the former general counsel to the vice president, dick cheney, shannon coffin. is this fair to you? n no. completely unfair. the notion that the prosecutors have to abide by the same rules as the accused in order to avoid some appearance that the accused is actually on trial, it's a bit silly and it's not the sort of thing that courts of appeals have required for appearance sake. >> they just say hey you know what? he is a security risk. we know the prosecutor isn't. but if we don't walk around the room, it's going to look like a double standard. so you think the judge went overboard in compensating? >> think so. there is a real security issue. the marshals don't want terrorist suspects to be roaming about the courtroom so they keep him in his chair. in order to make up for that they say the same rules apply to a prosecutor. that's certainly not required. it goes overboard. look, the prosecutors have law degrees. there are a lot of vans prosecutors are going to have. we're not going to sit around and wait until the accused goes through law school in order to catch up with them. there is no requirement that this kind of parody. >> so if you're representing yourself, you have access to a lot of material and a lot of evidence 'cause you're allowed to build your case and you're allowed to expose that. we're exposing it to a terrorist who we don't know could get in touch with terrorists that are not behind bars today. this is just a lose-lose situation for america. >> this is the problem with civilian trials for terrorists suspects. this is a guy that was picked up and extradited from england and this was designed as a terrorist trial from the beginning. but all these gitmo defendants that this department of justice wants to prosecute in civilian trials, this is going to be the same problem over and over again. >> and shannon, do you have a solution? >> well, military commissions for the gitmo defendants are certainly the best approach. and we are at war with these folks and we should be treating them as military defendants rather than civilian defendants. the sharing of information with the criminal defendant is required and if they're representing themselves, you can't screen them off from that. it is required. there was a document that was picked up that osama bin laden's lair and the judge actually, it was a classified document at the time, and the judge said we're going to allow it to be shared with the defendant. >> we're still dealing with the same issue 13 years later. unbelievable. thanks so much. >> thank you. coming up straight ahead, she lied about her role in the production of a cop killing music video and harvard was all set to honor her. but this morning something happened that will make you feel good about the system. and you know ty digs the actor and the star of "murder in the first." but how about ty digs the dad? he's here live next. ♪ ♪ it's happening. today, more and more people with type 2 diabetes are learning about long-acting levemir® an injectable insulin that can give you blood sugar control for up to 24 hours. and levemir® helps lower your a1c. levemir® comes in flextouch® the only prefilled insulin pen with no push-button extension. levemir® lasts 42 days without refrigeration. that's 50% longer than lantus® which lasts 28 days. today i'm asking about levemir® flextouch®. levemir® is a long-acting insulin used to control high blood sugar in adults and children with diabetes and is not recommended to treat diabetic ketoacidosis. do not use levemir® if you are allergic to any of its ingredients. the most common side effect is low blood sugar, which may cause symptoms such as sweating, shakiness, confusion and headache. severe low blood sugar can be serious and life-threatening. ask your doctor about alcohol use, operating machinery, or driving. other possible side effects include injection site reactions. tell your doctor about all medicines you take and all of your medical conditions. check your blood sugar levels. your insulin dose should not be changed without asking your doctor. get medical help right away if you have trouble breathing swelling of your face, tongue or throat sweating, extreme drowsiness dizziness, or confusion. today's the day to ask your doctor about levemir® flextouch®. covered by nearly all health insurance and medicare plans. quick headlines for you. race car driver kurt busch must stay 100 yards away from his ex-girlfriend. a judge granting her request for protective order. he claims he never slammed her head into the wall and she is trying to ruin his career, he says. his neighbor testified she saw marks on her face after the incident allegedly occurred. and definitely no bad romance for lady gaga. she showed off her ring on instagram and talked about a happy deal. ♪ ♪ >> singer pharrell is releasing four children's book. the first will feature of kids around the world. how great is that? >> that is great. meanwhile, he's the star of stage, screen and tv and his latest role as a homicide detective on "murder in the first." taye diggs shows a prime suspect who is in charge. >> i'm a billionaire! this is my house! this is my game! >> game over. >> joining us now is taye diggs. that's the way we want life to happen. >> yeah. >> in our everyday life. >> yeah. >> can i ask you something? i'm also a great actor. >> he is. >> we got tape. >> yes, you are. did you throw his head into the ground hard? do they tell you? >> i did. he had to go to the hospital. >> that's what they call acting. >> they got sound effects in there. he's a good actor. >> you jammed his head into a giant piece of styrofoam. >> exactly. cushion. >> "murder in the first," you started looking for dads that are single, trying to do what they do best in the city as parents, and you are actually -- are you producing and directing a reality show based on this? >> we're looking to do that yeah. it actually just started as me just sharing the experiences that i was going through. >> venting. >> i don't know about venting. i don't think a lot of people know what fathers like myself go through. there was a bit of venting, a bit of just being proud of my son and just kind of getting the vibe out there. we started to hear from other people and then the idea for a reality show came to us. >> what was a common theme you felt from the dads. you got walker who is five? >> yeah. the fathers, that there is a struggle no matter what, no matter how much money you have, no matter how much help you have, that there is a very interesting dichotomy between how great it is to be sharing moments with your child and how difficult it is to just keep up. >> and it's tough enough going through divorce let alone trying to be a great parent and trying to shield the child. >> absolutely. that was great about reaching out to other people because you get other people's perspectives and suggestions. so it's turning out okay. >> in addition to that, working on that, let's talk about crest. >> yeah. >> crest has gone hd. >> yeah. one of the things, i'm always telling my kids, especially before -- he loves desserts. so before bed, to brush the teeth. we're trying to inform everybody, i'm partnering with crest to get people to brush their teeth, to improve their smiles, and one of the great ways to do it is pro-health hd really cool program where you brush a little bit with this cleaner and then brush a little bit with this whitener and i'm an actor. i like to look good. >> you've got a great smile. >> there you go. >> what other healthy obsessions do you have? >> my son, hanging out with my son and eating sweets. i need to keep this partnership with crest going. >> i hope your single urban dad thing takes off. >> thanks. >> how do producers get in touch with you? >> go to the crest youtube video and i did a cute video where i show everybody how to brush their teeth with this one-two punch and i think people should take it. >> you have the smile to prove it. >> you're not against flossing. >> i'm pro it all. but especially this pro-hd. >> could i point this out, how cool does he look with his shoes and his outfit? i could never do this. >> i think you could. >> you look good. >> he's a single urban hipster. >> we're going to step aside. coming up, i shot them. the jury hears the chilling confession from the man accused of killing the american sniper, chris kyle. what they can expect when the prosecution wraps its case today. and we told you about the outrage over a prosecutor linked to a cop killing rap video being honored by harvard students. we have a huge update on that for you next. first, 14 degrees outside in new york city. we're still celebrating mardi gras. some music and a taste of new orleans. that will be next. i believe we're coming out, we're not play ago brass instrument. >> it's fat tuesday, baby! ♪ ♪ crazy blizzard in new england right now, phenomenon known as thunder snow. do you guys know what that is? do you know what that is? i never heard of this. when thunder and lightning in the middle of a snow storm. pretty rare. but check out the weatherman's reaction when he saw it happen five different times this weekend. >> oh, yes! yes! yes! , we got it, baby! we got it! we got it! number five! number five! that's number five, baby! yes! >> all right buddy. yeah. please no one tell the guy about rainbows. oh my god! yes, yes! >> we know somebody who would get just as excited about that. we're about to talk to her because millions of americans are waking up to record setting low temperatures this morning and a lot of you are getting just smacked with snow. >> that's right. like right now in washington where the weather is shutting down the federal government that picture obviously from earlier. this is time lapsed video showing just how much snow the white house got overnight. >> maria molina is outside tracking what's ahead for today here and around the country the united states of america. >> if you have thunder snow, please go crazy would you? >> wouldn't you celebrate like that maria? >> thunder snow, we need more even right here in new york city. we don't get enough nor easters. but i'm sure a lot of people disagree with me. and it can't be very dangerous. you're talk being heavy snowfall whiteout conditions and it becomes scary when the storms hit parts of the east coast. but it is a beautiful sight, especially for meteorologists. let's go ahead and look at the current windchill temperatures across the country because they are very cold. 19 below zero in minneapolis. 18 below zero in cleveland. most of the country really feeling like winter out there. temperatures well below average. even for this time of year. i want to share viewer photos. i believe the first one is out of new jersey. and showing you some areas that had to deal with snowfall from a storm system that rolled through. other states were parts of north carolina where some several inches of snow came down and across parts of the midwest. we also had to deal with that snowfall. a big city that's been dealing with the snow and looking at an historic season is boston. they're talking feet still on the ground and this storm system kind of missed them. that's good news, just a couple of snow showers swinging through. the forecast low temperatures overt next several days are going to stay below average. here is a look at tomorrow morning. you can see some numbers that are below zero. that continues thursday morning friday morning and even into the weekend. bundle up and there is a radar showing you the storm system that's really starting to exit the east coast. behind it, quieter weather. cold temperatures that continue to stay in place. now let's head back inside to heather. >> all right. thank you so much. the prosecution expected to rest today in the american sniper trial. but not before the jury hears the confession that was made by chris kyle's accused killer. in the tape, eddie ray routh apologizes, saying quote, i'm so sorry for what i've done. if i could have done it differently, i would have done it so much differently. routh also says he knew it was wrong. the defense claims he was psychotic at the time, but will that argument stand? >> has the option to have the jury hear words out of the mouth of the defendant in which he's saying things, some of which make sense some of which don't, without him going on the witness stand. >> jurors also heard voice mails that routh left kyle the day before the murders. he told him this, quote hey man, i'm just giving you a shout. kind of a sad day when it rains. it's good, but it's sad. rains will come and rains will leave. i guess that's what they do. a major update to tell but on the story we first told you about yesterday. there was a whole lot of outrage and now harvard university is canceling the tribute to that new york lawyer who helped make that cop killing music video and then lied about it. the student group at harvard that chose to honor robin steinberg said this in a statement, quote, we believe that advocating violence against police in any form is represencible. a colorado guy is making a statement with these guns rights shirts featuring what looks like a holstered gun right there. but the shirts are considered so realistic, that each shirt comes with a warning. paul levy telling his customers that the fake gun on the shirt could cause law enforcement to overreact. so he says be responsible and never reach in the direction of that gun. he started making the shirts for some friends, but they quickly caught o. he gets orders now around the globe. and it is fat tuesday, the streets of new orleans ready for a big day of celebrations. let's take a live look at bourbon street. wow. quiet out there. revellers have been partying for days already in the french quarter. today they're in for more floats costumes and bads. it is the big party leading up to ash wednesday, tomorrow, and the start of lent. but enjoy today. let's head outside to steve and brian. we've got our own celebration up here. >> indeed. today is mardi gras. that means fat tuesday. tomorrow is ash wednesday. joining us from new orleans we got the lead boiler. dudley the only thing that's keeping brian alive is -- >> i'm selling crawfish. >> happy mardi gras everybody. >> what are we doing here? >> it's a great time of year because we got mardi gras today and tomorrow starts ash wednesday, so it's a great seafood, mardi gras season started. we're ready to go. >> first you got to get a big boiler. >> you get an 80-quart pot you and start putting in your seasoning. we're going with the traditional bag seasoning. we're using two of the powders. those go in. >> as you're doing that, we should point out you guys brought in a brass band the jeff miller band. >> hold on a second. is it too cold to play that thing? >> it almost is. >> really? you want to do your best is this. >> yeah. >> go ahead. not too loud. >> go ahead. >> kind of soft. ♪ ♪ >> we're putting in our seasoning. we got that going. then we got a new seasoning vegetable. three pounds of onions. we'll use them for seasoning. all that goes in. let that come to a boil. those are already done. now we got these here. a few limes. >> wow. there you go. you want to stir and bring it to a boil. >> there's a way to eat a crawfish. >> there is a way to eat a crawfish. you take them, you own it in your left hand. push it in and twist it. the tail comes right out. good to go. >> you hold it in. >> then you push it in like that. >> brian, you just ate the head. >> did i? no, i ate the tail. it goes great with my brunch. >> way to go. >> you want to try one? >> i gave up crawdads. >> we got leftover crawfish, you can make jumbalaya. >> this is the same company that has the jumbalaya mix that we all buy at the grocery store. >> thank you so much. we appreciate it. happy mardi gras. >> what a way to celebrate. we appreciate it. >> jeff miller band over there. steve miller has nothing on you guys! >> very nice. >> let's hope their lips don't get stuck to those things like in "a christmas story." >> you guys are chilly out with that hot boiling celebration out there. bringing it from the south. we're going to head up north with some serious news for you here. in minneapolis, a hotbed for home grown terror, now has a new game plan right now to get rid of isis but will it work? we're going to look into that. and look at this. parking lot demolition derby. but only one driver seems to be playing. what is going on behind that wheel? and why does that driver still have a license? 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[ dance music plays ] [laughs] no way! i have no financial experience at all. that really is you? if they're not a cfp pro you just don't know. find a certified financial planner professional who's thoroughly vetted at letsmakeaplan.org. cfp -- work with the highest standard. ♪ by 1914 the dodge brothers quit the ford motor company and set out on their own. they believed in more, than the assembly line. they believed driving was a holy endeavor. a hundred years later, the dodge brothers spirit lives on. does all greek yogurt have to be thick? does it all have to be the same? not with new light and fluffy yoplait greek 100 whips! let's whip up the rules of greek! looking at your news headlines, watch as a 92-year-old man smashes into ten parked cars in a matter of seconds. first he crashed trying to pull out of a spot. police say then he panicked and they may have him retake his driver's test. and thieves caught stealing a puppy from a pet store. one man in denver opens up the pen and hides it under his shirt. the owner chases after an accomplice who gets away. police are still looking for them. and that is a big heist. >> thanks, brian. the white house set to host three cities this week -- to fight violent extremist. they won't say it's home grown islamic extremism. like in minneapolis where men have abandoned their home. that city is the target of a new program to stop them in their tracks. tom lieden has been following this story since the beginning and joins me now. thanks for being here tom. >> sure. i can tell you the expectations are enormously high for this program. we have a delegation of eight people in washington for this summit over the next two days. this is all being spear-headed by our head u.s. attorney, andy lugar, who has been having listening sessions for the last year and says this plan comes from them. it's really a buffet of social programs, to be honest. it includes after school programs and the arts and in sports as well. job training programs for an unemployment in the young somali population that can reach as high as 80% in some places. he wants to see jobs for many of these young people. but i think the most interesting thing i found in all this plan that he's talk being is to actually increase the engagement between religious leaders and young people. you have to consider religion is really been the vehicle for this radical islamic ideology and i pressed him a bit on this. take a listen. >> what i've heard repeatedly from relatives of young men who have traveled to syria from community leaders is more connection between youth and their religious leaders more connection with the imams. >> you do not believe religious leaders here in the twin cities are promulgating this false ideology? >> somali imams who i met are dead set against this ideology and they're dead set against what's happening in their communities. >> tomorrow our u.s. attorney will be appearing with two of our more moderate imams at the white house who will strongly condemn everything that's coming out of isis. i will tell you that also instance slates prosecutors from really saying and having people perceive that somehow they are at war with islam. it does give them some insulation from that. but there are critics of this pilot program who say it's just going to be a back doorway for the f.b.i. to gather intelligence. our u.s. attorney says absolutely not. that's not going to happen. although documents were released from a 2008 program that said in fact that they were going to try to gather intelligence. but our people here, our u.s. attorney and f.b.i. said we don't want to do that. there is hard core intelligence spying. there is also what i call and many investigators call soft intelligence and that is if a coach sees a kid that he believes is being radicalized by someone, that they will hook them up with the system and get help. that is something that's soft intelligence that they do want to see. >> sure. care is one of the groups speaking out against it, saying it's a back doorway of spying. tom, potentially, and i'm just playing devil's advocate here couldn't some of these organizations that the kids will be part of, couldn't that eventually become a breeding ground for the wrong mindset and eventually perhaps breeding terror right here? >> i got to tell you, that's a real concern that you do hear from some people. some people say the federal prosecutor has no business administering these social programs. so it will probably be administered my a state agency. absolutely that's a concern. their own federal indictments against some of these isis travelers mention the different mosques that they were going to. and we know that a lot of these kids were already tied up with programs in terms of basketball. so i think oversight of these programs is really going to be key, like you said. >> sure. as long as they don't take their eye off the ball. it's a confusing strategy. we thank you for keeping an eye on this one. we'll be back with you soon. now this, coming up a fox news alert. a judge block the president's executive action on immigration and 5 million illegal aliens may have to go. a live report from the white house for you next. first we're going to check in with martha mccallum for what's coming up at the top of the hour. >> good morning. so the white house starts their summit against violent extremists today. but they are vowing not to call out islamic extremism, leading some to ask what's the point? rudy guiliani will be here with his take this morning. and welcome back to the war on women. remember that? is it going to work for democrats this time around? and the winter wallop, where is it heading now? bill and i will fill you in at the top of the hour ing... a pm pain reliever that dares to work all the way until... the am. new aleve pm the only one to combine a safe sleep aid plus the 12 hour strength of aleve. we've got a fox news alert. if you're just waking up overnight a federal judge in texas has blocked president obama's executive action on immigration that was supposed to start tomorrow. >> you got wonder what the white house reaction is when we do have that fresh reaction this morning about their next move. >> exactly. kevin cork is live at the white house with all the details for us. good morning to you. >> reporter: good morning. texas and now 25 other states have a bit more time to create a lawsuit that could in effect ultimately stop the president's plan which would obviously allow amnesty for millions of illegal immigrants here in the u.s. the judge responsible for tapping the brakes at least for now is district judge andrew hannen. he wrote that legalizing the presence of millions of people is a virtually irreversible action. the white house had been hoping to expand a program that would protect young people from being deported if they were brought to the u.s. illegally as children as you were just mentioning, that was set to begin on wednesday. the white house quickly firing off a statement saying the department of justice, legal scholar, immigration experts and the district court right here have determined the president's actions are well within his legal authority. so what happens next? the government is expected to appeal this to the fifth circuit. they're headquartered in houston. this will probably be argued in new orleans and we'll be watching it closely from here at the white house. for now back to you. >> all right. kevin cork on the north lawn of the white house. switching gears for just a second, you're there outside of washington d.c the federal government has called it a snow day. how much snow exactly did you wind up getting so far? >> reporter: honestly, it depends on the part of the metro area you're in. i actually live right here in washington proper and honestly i think it's three inches. maybe four. i got to tell you couple inches and they shut things down. no school, no buses and the federal government is taking a break. >> i think it's very significant that you are working. >> that's right. >> you could be taking a snow day, but you're work in the snow. >> well done kevin. >> today it's not republicans and democrats. it's just mother nature causing the gridlock. >> absolutely. five minute before the top of the hour now. coming up, apparently this guy has not heard the saying, don't feed the bears. they come to his kitchen window and he feeds the bears. >> let's see how many fingers he has at the end of that segment. two football players barely in middle school so good they're catching the attention that they are -- that they're being looked at by college recruiters. >> sixth grade. >> they're that good. ♪ ♪ fact. fast-acting advil is designed with an ultra-thin coating and fast absorbing advil ion core technology stopping headaches and other tough pain. fast. relief doesn't get any better than this. advil. ♪ with pain relief, we're all at the corner of "relief is good"...and "fast relief is better." good thing walgreens gets you in and out in no time... so you can find relief fast, with solutions like advil. at the corner of happy and healthy. your daughter has a brilliant idea for her science project. and you could make it happen. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done. i'm sure many of you have talked about this. when do schools start recruiting kids for college? it's begun actively monitoring two sixth grade college football prospects. one is a runningback, the area is a 5' 2 quarterback. they were impressive at a sports camp. they don't even graduate high school until 2021. >> next thing you know, those college scouts are going to be showing up at the sonogram. >> a lot of pressure there. >> and a russian man caught on camera feeding a massive bear out of his window. you can see the bear forcing his huge paws inside the house as if he's asking for more food. luckily the man was not hurt. but apparently he's fearless. i wouldn't be surprised if that hand belongs to putin. >> and by the way last night some sights and sounds from the red carpet and from the set of the finalhe work of the apprentice. thanks to the trump family for being so nice. and melania trump for sitting close to me. it was fantastic. allison mansfield for working the camera, helping us out on radio. good luck. there will be another season of the apprentice. >> thank you for joining us. we'll see you back here on the couch tomorrow. >> stay warm everybody. bill: let's start on this wintry tuesday morning with a fox news alert. there is a big blast of winter weather hitting just about every one east of the mississippi. the team is back together on this tuesday. i'm bill hemmer. martha: good morning i'm martha maccallum. the storm system is roaring through the south. ice, snow, freezing rain knocked out power to hundreds of thousands of people from arkansas to the carolinas. bill: we want to start in new england which cannot catch a break.