advice about creating your whole myth to the boehner speaker vote, a dozen republicans voting against the speaker, but look, if louie ghomert and paul brunner voting against you that's a character witness and i think that can reinforce that bainer is the reasonable man in washington, he is a deal maker, the extremes of his own party don't like him. >> he needs to take a lesson from petraeus from his own myth-making strategy? >> that would be helpful. defined by your enemies those aren't bad ones. >> he gave me a pen of his. >> speaker boehner got choked up giving his acceptance speech and a lot of people make fun of john boehner for getting emotional for crying, love or hate his politics we should all care as deeply about our jobs as john boehner does. every time that guy gets choked up, at least he cares about something. >> there was snark on twitter, people shouldn't be so cynical.

>> i hope justice is found in this steubenville, ohio, case and finally the fact that you ate squirrel this morning. nice work, berman. >> we'll leave the weekend, no squirrel in my teeth, we'll move on now. >> "cnn newsroom" with carol costello, carol, good morning. it's not carol costello, it's victor blackwell. >> just a little bit of difference, no squirrel in the teeth. i was going to jump in there but just got this good job so i'm not going to make fun of you john. >> i like him. happening now, pork promises and priorities. sandy victims finally getting their due today, and it cannot come soon enough. >> there's a good 40% of the exterior walls that are covered in mold. >> we don't have anyone to remove it and we don't have the finances to be able to. >> as washington doles out billions, we examine where the money is really going. new details about venezuela's

president hugo chavez, reportedly battling a severe lung infection. some venezuelans are worried about his condition and it may be worse than officials are letting on. plus a new year and a new gaffe from vice president joe biden. the latest and afternoon swearing in ceremony for new senators. we'll have the audio will you not believe. plus this. >> this sure is a crazy way to draw attention. >> who won't notice a hot model in body paint. >> she stands out like a not new.co. >> they get you noticed. >> super ads getting super racy. this year you'll see a twist. "newsroom" starts right now. >> good morning, i'm victor blackwell sitting in for carol costello. we begin with the pulse of the economy. minutes ago the feds released

the latest jobs numbers, 155,000 jobs were created in december, not enough to push down the unemployment rate from its revised level of 7.8%. now we're covering all of the angles from the politics to the ripple effect. let's start with christine romans and what the numbers mean. so 155,000 new jobs, christine, that's up a bit from november, but still pretty average, right? >> yes, it shows that businesses are hiring just enough workers to absorb new entrance into the labor market, people graduated from college, people who are coming into the country for the first time, just holding in there but not enough to bring the unemployment rate down so steady as she goes. let me show you some of the places where you're growing jobs because the average now for the year is about 153,000 a month for last year 2012, that's pretty much on par with what it was the year before so moderate hiring i would call it. i would call it a labor market at the end of the year that was treading water. here is your' seeing growth, health care. again and again, victor, we see

health care jobs, another 45,000 in the end of the year, food services and drinking places, apparently people are being festive at the end of the year, they were going out and having dinner and arguing about the fiscal cliff because that's where you see people add jobs. manufacturing added jobs and so did construction and that construction jobs growth was most likely tied to the post hurricane sandy recovery in the northeast, but there's also a little bit of housing activity happening and that's something that's probably playing out here as well. long-term unemployed still 4.8 million, victor, that's going to be a problem for this administration and the new 113th congress, that's about 39.1% of the unemployed or long-term unemployed so that's still a real problem, trying to figure out how to get people back into work, not necessarily just extending unemployment benefits again and again. you got to get some jobs created for the folks. >> christine romans thanks for that analysis. president obama waking up in hawaii this morning but the economy will hold at least some of his attention today and not

just because of the jobs report. white house correspondent dan lothian joins us from honolulu. what is the spin thus far from the white house? what are they saying about this report? >> reporter: well victor we're still waiting for official response from the white house, but we can expect a similar reaction to what happens when other job reports have come out in past months and that is that look, the economy is now adding jobs, jobs are not being taken away, that the economy is moving in the right direction, but that there's a lot more work to be done. we've heard the president talk about how he's not going to rest until every american who wants to work is able to get a job. we also expect that they will talk about how the actions that the president has taken continue be to help the struggling economy, and that's why the president is trying to do things like provide relief for middle class americans, so again we're waiting for official reaction from the white house but we expect they'll say some good news here, but still a lot more

work to be done. >> and more work they have to do is to find a replacement for treasury secretary tim geithner, expected to leave at the end of the month. what is the administration saying about this search for his successor? they must be racing the clock now. >> that's right, they are. you have the debt ceiling, a battle coming up, there are other economic matters that have to be dealt with over the next few months and it's important for the president to make this election, we expect the president will be making some announcements as early as next week. we reached out to the treasury department yesterday, a spokesperson telling me that treasury secretary geithner will be around until around the inauguration, and that they won't talk exactly about the timing of his departure until a successor is named but no doubt, this is a crucial cabinet position that the president is mulling over while here on vacation in addition to some others as well, such as the cia, and the defense department, victor. >> dan lothian traveling with

the president, thank you for joining us for that. let's see how the markets are reacting to the jobs numbers. alison kosik at the new york stock exchange. alison our investors taking the addition of 155,000 jobs as good news for bad news? >> it's more like eh. investors are seeing it as it's not good, it's not bad either. stock futures right now are sitting pretty much flat to slightly, they were sitting flat to slightly lower before the report but as soon as the numbers came out the dow went up 20, not a huge response, a few reasons why for this. you look at that 155,000 figure, it's about what everybody expected. some were hoping for better after yesterday's strong adp report but overall this is what pretty much people expected. now, what's interesting when you look at this report, a lot just hasn't changed from november to december and the same goes for the year. you look at how many jobs were added in 2012. it's about the same as 2011, 1.8 million jobs were created in 2012 and 1.8 million jobs were

created in 2011, so it's flat there. you see the jobs market really just moving sideways. the unemployment rate for december didn't change from november, the number of people unemployed, that didn't change between the two months, the number of retail jobs, that didn't change, and long-term unemployment, that didn't change either so you get the idea not much movement happening here, dow futures moved up about 20 points, looking at a positive open, victor. >> alison kosik from the new york stock exchange thank you. the violence against women act we'll speak to one of the bill's cosponsors about its chances for passing and her own history with sexual violence.

an update this morning on malala, the pakistani girl shot in the head by the taliban has been released from the hospital. malala was campaigning for girls to get an education when she was shot in october, and has been getting life-saving medical treatment in britain. malala is expected to continue rehab at her family's temporary home there. the 15-year-old is expected to have major reconstructive surgery in the next few weeks. there's been a lot of talk about superstorm sandy aid, but another important piece of legislation also never came to a vote, the reauthorization of the violence against women act. wisconsin representative gwynne moore is a cosponsor and also a victim of sexual violence. >> i'm reminded of a time that i got into an automobile of a man i thought was a personal friend to go get some fried chicken,

and he pulled in behind some vacant buildings, raped me, choked me, almost to death, and when i went to the hospital, i was encouraged by an advocate, this was in 1970s, long before there was a violence against women act, long before there was a rape shield act, and i took him to court, and indeed i was on trial. >> and that is the passion with which representative moore argues for this violence against women act reauthorization, and she joins me now from capitol hill. first, congresswoman moore thank you for sharing your story and thank you for speaking with us today. this act includes additional protections for the lgbt community, illegal immigrants, native american tribes. why didn't this come up for a vote? is it specifically the additions of those three elements that stopped this from getting a vote in the house? >> absolutely, victor.

that's the reason. the violence against women act has always been bipartisan, but this time because of this practices from the advocates, from people in law enforcement, they saw the need to expand this to communities of color, to native americans, to the lgbt community, and young women who needed protection on camp uses and in particular the uvisas, the immigrants and the native american women became so contentious that people in the house just couldn't see themselves clear to pass it, and it's a shame that we're at this point, because now we have to start all over in the 113th congress and it's a shame, because this bill had some very, very hard times getting through the senate committee structure

and certainly we're going to, we're very concerned about whether or not we're going to have these particular communities ignored. you look at native americans, for example, there is a report put out by the justice department on the services, 52% of women of crimes committed on tribal lands were not prosecuted by federal prosecutors, which have jurisdiction there. 67% of those were sexual assaults, and domestic violence. we're very concerned about the sequester and further cuts that will impair our ability to protect these vulnerable women. >> let's talk specifically about the native american community, because i know that that was one of the portions that was most contentious in the house version and getting this passed or the lack thereof.

there was this cole and issa compromise. the problem with native american community they have a tribal law. you cannot prosecute a non-native under tribal law. this would give them an opportunity back to federal court. would you have accepted that compromise to get this passed? >> well, the details of the compromise are not known to me. what is known to me, victor, is that we have intelligence who literally have dragged their victims to tribal land to commit these heinous crimes, these sexual assaults and batteries because they know they can't get prosecuted on tribal lands. these tribal lands have become a ver veritable free land for sexual assault, non-native men know that they can do this with impunity, and so i think it's extremely important to give

tribal courts some jurisdiction, very narrow, just as it relates to domestic violence, in these matters, because we see and law enforcement sees that that is where the true gap occurs, and i of course get a lot of correspond ebs from women who talk about their problems and there is a clear, clear gap in enforcement, and somehow men seem to know that. this is one of the particular areas where there is. >> very quickly because we're running out of time, it was a struggle in the senate, but eventually you got republican women to sign on and vote for this, 68 members of the senate voted for it, and there was even some bipartisan support in the house. how confident are you or optimistic that this will be renewed now in the 113th? >> we're going to keep working

at it. i'm certainly going to keep working at it. there are more women in the senate now. there is a greater number of democrats in the house, and we're going to keep working at this and thanks to people like you, victor, to keep this problem visible before the public. we just cannot have the male dominated house of representatives stop and help in protection for women. >> you think it's specifically for an insensitivity to women? >> i think so. i mean, i'm reading a letter from chris, and she feels like i do, lucky to be alive. her husband, even after two court orders, was able to beat her, burn her house, kill her children's pets in front of them, and he went to jail once,

but got out, he was still allowed to have joint custody after all of these events, and yes, there's an insensitivity to the plight that hundreds of thousands of women face and women die every single day because of domestic violence. >> representative gwen moore of wisconsin, thank you so much for speaking with us today. >> thank you, victor. we'll take a quick break. instead i got heartburn. [ horse neighs ] hold up partner. prilosec isn't for fast relief. try alka-seltzer. kills heartburn fast. yeehaw! kills heartburn fast. i've always kept my eye on her... but with so much health care noise, i didn't always watch out for myself. with unitedhealthcare, i get personalized information and rewards for addressing my health risks. but she's still going to give me a heart attack. that's health in numbers. unitedhealthcare.

hugo chavez is battling a severe lung infection weeks africaner is surgery and now some are worried his condition is worse than officials are

letting on. rafael romo joins me now and the venezuelan government are not really saying a lot. like we were just talking during the break, they've never even confirmed what type of cancer he has. >> that is exactly right, victor. venezuelan authorities have yet to disclose specifically what type of cancer president hugo chavez is suffering from. he suffered respiratory failure, the clearest indication yet his condition is more serious than previously thought. president hugo chavez' medical condition remains a closely guarded secret in cuba. >> translator: sometimes it looks as if the president is well, other times not so much. honestly we don't know what the truth is and what's a lie. everybody's living in uncertainty. >> reporter: the venezuelan president left his country for cancer surgery in cuba on december 10th. he hasn't been seen in public since but the vice president has

talked about complications and that worries many wenz wvenezue. >> translator: chavez is a strong man and a fighter. his party is not my party but as a human being, one can't wish another something bad. >> reporter: the president's son-in-law has been trying to quell the negative speculation. the medical team has explained to us that president chavez's condition remains stable but within a delicate state arreaza posted on his account. >> translator: sometimes it's people themselves who start the speculation, saying things that are not true. we just have to be patient and wait. >> reporter: but patience is running out for the opposition. leaders say the chavez government owes venezuela an accurate assessment of the president's health condition. >> translator: our demand for the truth is elementary because when a patient is a head of state just reelected for a new

term there are implications that affect the entire nation. >> reporter: the highest roman catholic authority on venezuela is calling all political leaders to follow the law if a succession plan is needed. chavez was reelected in october to another six-year term in office and is supposed to be inaugurated next thursday but government officials haven't indicated if he will be able to attend his own inauguration, which may have to be postponed. the constitution spells out a succession path that may be used if the president is officially declared permanently absent, that's the term the constitution uses. >> permanently absent but keeping the title and moving through to his successor. i could not imagine if that were to happen in the u.s. what the follow-up would be. >> if you look at the situation the president left for another country, he has cancer, that much we know. we don't know what kind of cancer he has and in the meantime you have the venezuelan people wondering what's going on and this state of the inauguration date, next thursday is coming up soon, and nobody

really knows if he's going to be actually able to be physically present there, so there's so much questions, so much rumors flying around, it's just a very difficult situation for venezuela. >> rafael romo, senior latin american affairs editor thank you. director oliver stone is best known for his movies but also known as an open supporter of chavez. he even made a film about the venezuelan president and his influence on the country. stone will talk about his relationship with the president at noon, only on cnn. more americans use google than any other search engine but does the web giant have an unfair advantage? its competitors think so but the ftc has a different opinion.

26 after the hour now. let's check your top stories for the first time the white house is sharing this image, it's president obama being briefed on the deadly attack on the u.s. consulate in libya. until now, the white house has not shown any photos of the president on the night of september 11th. terrorist killed the u.s. ambassador to libya and three other americans. the white house is offering no account of what the deputy national security adviser is telling the president in this photo. a woman who herself was the target of a gunman is planning a trip to the scene of another national tragedy, former arizona congresswoman gabrielle giffords is planning on visiting newtown, connecticut, today. give fords resigned from

congress last year so she could focus on her recovery after being shot in the head in an event with voters almost two years ago. could former massachusetts representative barney frank soon be called senator barney frank in his last day as a representative in washington was yesterday. frank told msnbc he's willing to go back temporarily to work on the financial crisis and replace john kerry, if kerry leaves and becomes secretary of state. >> february, march and april are going to be among the most important months in american financial -- >> so you're considering? >> no, i'm not going to be coy, it's not anything i've been good at. i told the governor i would like frankly to do that because i would like to be a part of that. >> so we'll see what happens there, and after a two-year investigation, the federal trade comission says google is not in violation of u.s. anti-trust laws. competitors complained the world's largest search engine engaged in unfair business practices.

the ftc disagreed. google still faces a similar investigation in europe where the anti-trust laws are much more stringent. back now to today's top story the jobs report. let's dig deeper into this morning's numbers, we bring in jeffrey rosenswag, professor at emery's university of business school. jeff what do the numbers tell you? we know 7.8 unemployment, we know 155,000 jobs added in december but take us inside. >> yes, first thing to think about is the stock market didn't move too much. it's about what's expected. on the other hand it's good news because it's one more month on top of about four years, where every month we've created jobs, when you think about the situation we were in, the great recession and it's a good amount of job creation, fast enough that when you look at the total population growth we're getting there, just not fast enough. >> just not fast enough for people who are looking for a job. yesterday we got good numbers from the auto industry, the big

three plus toyota all saw gains in december. which industries, which sectors have seen some of the gains? >> well, first of all for the people out there listening that are parents or grandparents or unemployed people, health care is still the place where we create jobs every month. do you no he that we were losing 800,000 jobs at the worst part of the great recession? we still have more jobs than health care each month than the month before and we saw a big jump in health care jobs again. you get at something deeper when you mention the autos. manufacturing created a lot of jobs, and we have been creating on net manufacturing jobs for a few years now, and it adds up to a lot. in other words, manufacturing jobs are coming back to the u.s. we outsourced a lot of jobs to asia. we're insourcing some manufacturing jobs back. the u.s. can compete. that's huge good news. >> it's certainly good news. there was a time when one of those jobs you could support your family, send a kid off to

college and now some of the jobs are coming back, whether they'll support an entire family anymore we'll see if that happens. are there any portions of the report that stick out as the biggest losers? >> yes, i'm going to turn to what the biggest loser is, which is there's still a lot of pain out there. let me summarize a few things. one is the unemployment rate for teenagers is still close to one-quarter of teenagers, a little over 23%. it's not as bad as spain and greece but that's a high rate and you're only counted as unemployed if you're actively looking for work. some of the teenagers are so discouraged they're not looking for work. the other thing is the unemployment rate for african-americans is twice what it is for whites so many of them were in jobs and it's much higher for hispanics as well. maybe the industries they were in are ones that have been hit or maybe in an urban setting where there are no jobs, astnomic unemployment rates for the black and hispanic teenagers

so there's a lot of pain still. >> that trend unfortunately continues. jeffrey rosensweig from emory university thank you so much. we are about a minute into the trading day, six points up. alison kosik is with us to go into the numbers and the reaction thus far from wall street. alison? >> reporter: it's more of an eh reaction, not much of a reaction. stocks are flat but on the positive side, you know what, victor, investors are really not hanging their hats on this number, on this final employment number of 2012, because december is a really tough month to track jobs for several reasons. temporary retail jobs, they surge at the beginning of december and go away at the end of the month. that may be offset by superstorm sandy. construction jobs jumped by 30,000. another factor, businesses cut back on spending and hiring

because of the uncertainty about what was going to happen with the 2012 tax roles and add to that the revisions for the december jobs report. this includes revisions that go back five years so this is really why there are so many reasons why you may just want to take this jobs report with a grain of salt, and also the december jobs report it also shows that the jobs market is barely keeping one population growth. did you know for the last two years, victor, the average number of jobs created per month is about 153,000? so this is really more of just a flat line, not really enough momentum. what you see is a jobs market that's treading water. victor? >> plus five, minus five for the first couple of minutes of the trading day, considering what we saw on wednesday and thursday, yeah, that looks like an eh response from wall street. alison kosik, thank you very much. some people are being slapped with a huge bill all because of mold resulting from superstorm sandy, but help could be on the way when the house

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the latest threat for

victims of superstorm sandy is mold, just in the rockaway neighborhood of new york, 65%, 65% of the homes still have mold problems and that's according to a community group there, and some homeowners are worried the government won't offer any help to remove it. >> the mold is here, and we're, what, eight weeks later and it's still growing. we should have had it removed by now. i'm very concerned about what we cannot see more so than what we can see. >> another family says mold removal may cost them as much as $10,000. >> there's a good 40% of the exterior walls that are covered in mold. >> we don't have anyone to remove it and we don't -- >> we don't have the funds. >> -- we don't have the finances to be able to. >> the house is set to vote on a sandy aid bill for $9.7 billion.

another $51 billion is put on the back burner until the middle of the month. jim acosta is in washington. some are blaming on the delay on the pork in the bill, $60 billion, big price tag but there's $150 million in here that could go to fisheries in alaska. no storm damage in alaska. where is that going? >> well, victor, i will tell you that those were some of the concerns expressed by some members of the house before all of this got started. let's rewind a little bit and go back to what happened when the house took up the fiscal cliff legislation, passed it and then left without passing aid to the victims of superstorm sandy, then the lawmakers from new york and new jersey went ballistic. you remember chris christie held that news conference, said "shame on you, shame on congress." i think you can say congress has gotten the message, the house as you mentioned a few moments ago and i did confirm this with a house leadership aide, they do expect this bill to pass at

around 11:00 this morning, it provides that 9.7 billion that will pay out claims to people enrolled in the flood insurance program and so the next battle to come will be on january 15th when the rest of that $51 billion is going to come up for a vote. it is expected to pass. i did talk to a house leadership aide who believes that that pork that was an issue earlier in this process will not be an issue when it comes up for that final vote on january 15th. there were also some house conservatives who were calling for some offsets, i guess voting for some cuts to pay for what was in that relief package, but i will tell you that there is some opposition coming from conservative quarters this morning, the conservative group the club for growth put out an e-mail earlier this morning urging house republicans to vote no on the legislation this morning, on the $9.7 billion out this morning and i'll show you what they're saying in this statement, they're saying "congress should not allow the federal government to be

involved in the flood insurance industry in the first place, let alone expand the national flood insurance program's authority." they are saying that however house republicans vote on this, that that will go on their congressional scorecard which of course means when they come up for a vote the next time around, that may be an issue for groups like the conservative club for growth. now at the same time later on today, there's going to be some constitutional business coming on, vice president joe biden will be presiding over a joint session of congress to officially count the electoral votes that will make president obama president of the united states for a second term. so a somewhat busy day here on capitol hill but it's going to wrap up pretty quickly after the vice president takes care of business, counting those electoral votes, victor, and then they're going to be off for a while, taking off next week, they'll be back on the 15th to approve the rest of that sandy aid, at least that's what's expected at this point. >> jim acosta for us in washington thanks. there are a lot of unfamiliar faces walking around

capitol hill right now. the house is welcoming 84 new representatives to its ranks. and they have a lot of work ahead of them, so how do they plan to get anything accomplished? people really love snapshot from progressive, but don't just listen to me.

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two teen agers in arizona

had to cling to a tree for four hours. look at this. the frozen lake they tried to walk across started cracking around them and the boys had decided to walk across the lake to pick up one of their brothers. rescue crews were called and used a boat to free those te teenagers. except for being cold and below freezing temperatures, the boys are fine. vice president joe biden seemed to have a really good time at yesterday's swearing in of the new congress when he held republican senator ted cruz's daughter she started to fuss here. he says "oh it's a democrat, i know, but it's okay." there was this buzz-worthy moment when a photographer told senator heidi hidecamp's husband to drop his hands. biden compared the photographer to a tsa agent. >> spread your legs, you're going to be frisked. you say that to somebody in north dakota and they think they're going to be frisked,

they think they're in trouble, right? >> i'm not going to follow that one up. congress talked the talk and now they're going to walk the walk. the 113th congress. >> congratulations, you're now members of the 113th congress. >> all 433 members of the house of representatives took the oath of office. now when we say 433, i know it's 435 but jesse jackson jr., tim scott their seats are still open. includes 84 new members including freshman congressman trey reido, a republican from florida. good morning, congressman. >> good morning, victor. it's great to be with you. you say congressman i'm still looking over my shoulder for a congressman. please call me trey. >> you were congressman-elect for so many weeks and now you have the full title. you have important votes coming up and your campaign was all about cutting spending, reducing the debt, cutting spending, reducing the debt so we're starting with those two. were you in favor of the $61

billion andy aid bill today? >> yes i do. this is the national flood insurance program promised about i the federal government and we need to release those funds to the people that are suffering in the northeast. like you, victor, you've lived in florida, you've been a journalist in florida and i have, too. i have walked into the homes that have been destroyed by hurricanes. i have seen the floods that have devastated homes of people just trying to get help and i think that this is a role for the federal government for right now to be able to release these funds, help those people but ultimately what we need to be doing at the federal level is weaning people off of the federal government and allow this to not just be left up to the states but ultimately the private sector. >> so you want to pass fema off to the private sector. you don't think the government should be involved in federal relief at all? >> it should in some areas, but this is a case of insureds just like in florida, where you even have state-run programs that are out of control such as citizens

where again i'm sure you've covered many times it ends up where middle class families end up paying for insurance for multimillionaires to have their homes on the beaches. it's just not fair. we need to allow it to be in the private sector. when it comes to health, safety and welfare, though, of course there's a role for federal government to play and in this case, today with hurricane sandy, i think that there is an area right now that we can do that but again, we need to return it back to the people, not the federal government. >> all right, so the sandy aid bill will be the first big spending vote. the debt ceiling comes up at the end of february and will you vote to increase the debt ceiling? >> well, i have to see what is presented, but i would be hard-pressed to vote for that. you know, at what point do we stop this? the most tangible example that i could give to someone watching right now, maybe a mom, a dad, a hard-working american, if you had a financial adviser that put you $2 million in debt, ripped through your savings, ripped

through your college savings for your kids, and then told you that you need more money, they need more money to solve the problem, would you give the financial adviser more money to solve the problem and the answer is no. we need to stop the spending and it's not just about cutting, victor. it's about saving. it's about saving medicare. it's about saving social security and until we have true reform, tax reform and reform on medicare and social security, only then will we begin to save it for today's generation, and people like my kids. >> congressman trey radel, i'm still going to call you congressman, you worked for the title and deserve it. thank you for speaking with us today. >> thank you so much, i appreciate your time. >> sure. flu cases are spiking across the country. we'll show you the hardest hit states and tell you what you can do to protect yourself. constipated? yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'. [ phillips' lady ] live the regular life.

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you know it, the flu season is having an early spike across the country. you probably know someone who is hacking behind you now. just check out the red in this map. more than half of the states already have widespread flu activity. the states in orange have regional flu activity. the yellow states have local activity. our senior medical correspondent elizabeth cohen joins us now. this has been a bad season. i call it the whoop, when i hear that cough, i go you got the whoop. >> and you get away as quuckly as possible.

>> you smile and back out of the room. >> how bad has the flu season been? >> it's been one of the worst flu seasons in the past decade, maybe only two or three has been as bad as this year. flu can hit early, like in november, december, which is what happened this year, or it can hit later, like january, february, or even later like march and so this has been a really early flu season. not a terrible flu season, but an early flu season. >> now, because it's so early, does that give us any indication how bad it will get? >> i was talking to folks at the cdc last night, and they said, look, we think it will be a moderate to severe season overall. so, worse than last year but not as bad as some other years. >> when i hear that whoop somewhere in this building -- >> i heard it many times in this building. >> i think i didn't get a flu shot. is it too late? >> why didn't you get a flu shot? >> i just didn't. it's off the schedule. >> upstairs for a week! >> i know, i know. >> got to get a flu shot. >> yes. >> it is not too late, because

there's still flu around. we haven't necessarily seen the worst of it yet. still okay. still will help to get it right now. it's not going to make you sick which is what a lot of people think, and also it's not going to give you the flu, which is what a lot of people think. >> a lot of people think as soon as you get it, here come symptoms. >> yes. >> elizabeth cohen, i will go and get the flu shot because it's not too late. >> thank you. >> for more how to avoid the flu go to cnn.com/empoweredpatient. cue the supermodels for the super bowl ads, but the story lines may be different this year.

the road to the super bowl goes through four first-round sites this weekend. here's your wild card matchups. the bengals take on the texans in tomorrow's early game. then a regular season finale rematch between the vikings and the packers. you can check out the three top rookie quarterbacks sunday, andrew luck and the colts play the ravens. robert griffin iii rg3 and host russell wilson and the seahawks. a super bowl trophy lies at the end of the road for one team and a pot of gold for the broadcasters. cbs said 30-second ad spots are going for at least $4 million. blowing last year's mark out of the water. of course, you can expect attractive women in the new ads. "usa today" reports that godaddy

has a new model, and mercedes-benz announced it would have kate upton in its spot. we have brian steinberg, a television editor at "advertising age." it's good to have you with us. we've seen models dress provocatively in previous super bowl ads, but this has been really racy so far, maybe not so racy this year? >> you know, i think we might see them kind of class it up this year. the models aren't known like kim kardashian, or reality show stars, these are people that star in high-fashion expensive ad campaigns, i suspect they won't be doing a godaddy kind of thing. i know they are one of the advertisers, even they have hired a pretty big-name ad agency to handle their stuff for the first time in a long while this kind of signals they might be up for a high-class ad. >> you mentioned godaddy right off the top and i was thinking when we were talking with the producers today, which company really put themselves on the map with a super bowl ad and godaddy to me was at the top of that

list. >> i have to agree with you. the guys really came out of nowhere selling a hard-to-understand service, hard to comprehend, web hosting and they used scantily clad c-list celebrities to kind of get them there and they may think that, gee, we've been around eight, ten years, maybe we need to grow up a little bit. >> we'll see if they can grow up. i don't know if danica patrick would appreciate being called c-list. but you said it, i didn't see it. we've seen car ads in the last two super bowls. imported from detroit, clint eastwood voice an ad. will we see more in february of that? >> we'll see a lot more. this has become a parking lot for car guys. the car guys came out of the recession seeing they need to get their name out there, and a competitor like hyundai getting market share and they're moving in full force and gm will be there and lincoln mercury will be in and we may see chrysler, they haven't announced, but who knows. >> we've seen $4 million for 30

seconds, that's a lot of money for just 30 seconds but some of these ads are going to go longer. >> yeah. we're going to see some minute-long ads. i know chrysler has had two-minute-long ads. as part of a trend we're seeing the last year or so where some advertisers in the game want to make a big statement, hearkens back to the old apple mcintosh 1984 advertisement that makes a big splash. dynamic advertising really kind of catches the eye. >> this is one of my favorites that's on now, and maybe you can't see it, but the betty white snickers ad. >> yes. >> where she's tackled. that really rejuvenated her career. >> these commercials really kind of catch on with popular culture and who knows where they can go. they can excite, they can revive careers. these are really kind of big-play commercials. >> didn't do much for ab abg pagoda's career, just betty white's. i've just wondered some companies need it, they put all their money in it to get

recognition, but m&m and budweiser, do they really need to spend this much money or is this kind of just, you know, par for the course at that level? >> i'd argue budweiser does need to spend the money. this is an event they've been in it for decades and to not be in it might signal there's something wrong with the company, so i do think they need to be there and these guys have a reason. they have a strategy, m&m is going for the perfect-type candy and budweiser i think it's part of their brand to be part of the super bowl. >> all right, brian, of "ad age" thank you for talking to us. we'll look forward to february 3rd and the commercials. >> thank you. the next hour of "cnn newsroom" begins right now. stories we're watching right now -- victims from superstorm sandy could soon be getting $9.7 billion in aid. the house is set to vote on that today, but hear why some people are telling lawmakers to vote no. malala is out of the hospital, the teen shot by the taliban gets to stay with her

family, but her treatment is far from over. a controversial new question could be popping up on census forms. is being hispanic a race? why that question has the latino community up in arms. and no good deed goes unpunished. you heard that before. a man helps a couple conceive a child, and now the state is asking him for child support. he joins us with his story next, live. "newsroom" starts right now. i'm victor blackwell in for carol costello. happening now -- the u.s. house of representatives is conceiving or rather convening and getting to work. it's day two for the newly elected congressmen and women and already they have their work cut out for them. first they're set to vote on that $9.7 billion in aid for sandy victims. that bill caused a lot of controversy a few days ago when house speaker john boehner

canceled a vote on the aid package. they also have to address the upcoming sequester for automatic spending cuts pushed back two months as part of the fiscal cliff deal. now the pulse of the economy. this morning the feds released new employment numbers. 155,000 jobs were created in december. not enough to push down the jobless rate from its revised level of 7.8%. we're covering all angles of this, from the politics to the ripple effect, let's start with chief business correspondent, ali velshi, and what the numbers mean. so, again, 155,000 new jobs. >> yep. >> up a bit from november, but we've heard from alison kosik earlier that reaction from the market is ehh. what's your reaction? >> yeah, same thing. this is treading water. 153,000 jobs. actually it was up but it was actually down from november because they revised the november numbers but, you know, if you look at the chart over the last several months it's kind of all been in the same place. this is okay. it's 34 months of private sector

job growth. it's okay. it's not fantastic. i'll tell you, victor, i think it would have been better if not for two things. one we don't know how the hurricane sandy stuff is panning out into the job hunt, but more importantly, what we saw is a dip in consumer confidence starting in october. and consumer confidence had been zooming along. people were feeling really good about this economy for good reason and then the fiscal cliff discussion started people thinking, i'll have less money in my paycheck, i might lose my job, they started spending less and we had a weaker holiday season and as a result businesses are not hiring as much as they otherwise would have been. you see the stock market reaction. allison will talk to you more about it. it's okay. more importantly, 2013, victor, is poised to be a good year in the economy. we have a natural gas boom. we have an oil boom. we have a housing boom. not a boom, but we've got housing doing particularly well and low interest rates, and congress stands to mess that up! this was supposed to be over by january 1st. we now have a debt limit debate

that's growing to go on in about a month, maybe two months. we've got the fiscal cliff debate again, the sequester, a stupid name for a stupid thing, that we'll be discussing until the last minute i'll bet you at the end of march, so the bottom line, what could have been a strong economy is now going to be pared back, the federal reserve wants the unemployment to come down to 6.5%. if we don't fix the fiscal cliff stuff, the sequester that we're talking about, until march, the unemployment could go up to 9%. at this point i don't know what to make of it. the markets don't know what to make of it. it's okay, it could be better and with everything going on in washington it's probably not going to get better for a few months. >> all right, we'll see what happens as we move through debt ceiling and sequester and the budget. let's see how the market are reacting to the job numbers. alison kosik is at the new york stock exchange. alison, is it fair to say investors just are not impressed by this? >> yeah, they're sitting on the fence literally. the stocks are as flat as flat can be.

i talked to one analyst who told me it shows the job market is lackluster and another saying pretty much what ali has said. not much has changed and he's right. you look at the year as a whole 1.8 million jobs were added in 2012 and the same were added in 2011 and you've got this job market not moving forward very much. and also you look at what happened from november to december, the unemployment rate, it hasn't changed. the total number of people who are unemployed, that stayed the same. long-term unemployed, that number hasn't changed, so you get the idea here, it's more of the same. and that's why you're seeing the market flat. now, you want to see some optimism here? i want you to check out this, the average hourly earnings are up 2.1% in 2012. this is an interesting number to look at because this is a precursor before companies hire, because what seems to be happening here is companies are maxing out the number of hours that each of their employees is working so meaning too much work for too few people, so it could be that companies could be on

the verge of hiring more, so that numbers not up huge. but it is up. same with job growth. it's not huge, but the economy is adding jobs. so, you see wall street just kind of sitting down and kind of watching things happen. not really going strong one way or the other, victor? >> all right, thank you, alison. let's go now from new york to honolulu and when president obama awakens in hawaii this morning it may be understandable if this thoughts are 5,000 miles away in washington. when he returns from his vacation, the president has a long, long to-do list waiting for him and his second term. dan lothian is in honolulu. dan, the white house is now reacting to this jobs report. what do you have? >> reporter: that's right, and it's pretty much as we had discussed in the last hour, that there's some good news here, but there's still a lot of work to be done. alan krueger who is the chairman of the president's council of economic advisers saying in a statement, quote, while more work remains to be done, today's employment report provides further evidence that the u.s. economy is continuing to heal from the wounds inflicted by the worst downturn since the great

depression. he also points out at least from his point of view that the president's policies are helping to strengthen the economy. also discusses the fact that now there's more certainty in the marketplace because of this passage of this fiscal cliff bill, if you will. and then this caution that the white house always issues every time the numbers come out that they're often revised either up or down and you should not read too much into one month's numbers, victor. >> so, we talked about at the top, the president has a long to-do list, he's got a cabinet to offer appointments for, and he promised gun control legislation or a plan coming from the white house in january, and he also hams the debt ceiling fight that's coming up. he's got a lot to do. and we saw on the front page of the "post" this morning, immigration is the next topic of discussion. >> reporter: that's right. i mean, it's a long list of things that the president needs to do, and i think the question

that a lot of people are asking is when you see the kind of battles that we -- unfolded over the last four years and most recently to avoid the fiscal cliff, the question is, how will the president be able to advance his agenda if he can't get, you know, strong bipartisan support, will we see fights at every turn? and that's the big issue. and that will be a big challenge for the president, but as you pointed out, while here on vacation, he is mulling over who will be filling these key cabinet positions over at the defense department, treasury, at the cia. we expect that some of those names could be unveiled as early as next week. but in addition, there are those economic challenges that will be unfolding over the next couple of months as well. those are things that the president will have to deal with. and we'll have to wait and see how it will all play out, if the tough fights that we have seen over the last four years will continue into the second term. >> all right, dan lothian,

traveling with the president in honolulu. top stories this morning -- one of the first things the new congress is expected to do later this morning isake up the inaction of its past members. in about two hours the house and senate will vote on the first of two bills aimed at helping victims of superstorm sandy. the almost $10 billion bill will help to pay for flood insurance. in money news, would you pick electricity or speed? it looks like chevy customers are picking electricity. in 2012, more people bought a chevy volt than a chevy corvette. the corvette is one of chevrolet's best-known brands, more than 23,000, though, electric chevy volts were sold last year. the sales of corvette, 14,000. plus this -- >> and, oh! >> oh! yes, an early contender for dunk of the year in the nba. carmelo likes it.

let's watch it again. the knicks' j.r. smith throws down an insane spinning reverse alley-oop dunk last night at madison square garden. man! it brought the crowd at the garden to their feet and the knicks bench you saw they hit the ceiling, too. and the knicks beat the spurs 100-83. we're back in a moment with more. but let's go to weather first, interstate 10 near el paso remains closed in both directions while a major blizzard hits the region. el paso got 2.9 inches of snow on thursday, more than double the previous record. that's three times more snow in one day than what chicago has received all season. the snow is expected to move out later today. fepeople around the world he followed a pakistani girl's story, you know her name, malalla, she's leaving the hospital. we'll tell you what's next.

there's a major step in the long-term recovery of a pakistani school girl whose story has really captured the world, malala the 15-year-old who was shot by taliban gunmen in october has been discharged from a british hospital. our matthew chance is in london. matthew, so many people around the world have really grown fond of this girl, have taken up her cause. what's next for her? >> yeah, you're right. hundreds of thousands of people, in fact, around the world have signed a petition to get her awarded the nobel peace prize because of the courageous stance that she took against taliban, calling for girls' education in her native pakistan. it is remarkable, though, and very heartwarming, isn't it, to see these images of malala, the

15-year-old girl, walking away almost unaided, holding the hand of a nurse, in the hospital. she even had the strength to wave to the staff that has been looking after her over the course of the past three months or so since she was evacuated from pakistan with the terrible head injuries. she's going to be located at her temporary home. her family have moved over from pakistan to birmingham in central england near to the hospital. she's going to be going back with her father and mother and two younger brothers. the doctors at the hospital say that will be best for her, but she'll still come back and forth from the hospital to get clinical treatment and she'll also have to be re-admitted according to the hospital as well for cranial reconstruction surgery. her skull was obviously smashed by the bullet that was fired into her head by the taliban gunmen back in october and she still has to undergo a lot of surgery to, you know, kind of make that damage good, so she's recovering but she's at the start of a very, very long road. victor? >> so, that's what's happening in the short term. what is the plan for her family

long term? are they going to go back to pakistan, would malala be in danger there? >> i think there are security considerations. and indeed the father, the brothers, the rest of the family as well as malala have received renewed death threats from the taliban who say essentially they're going to come in and finish off the job that they didn't complete and so there is a real security concern. there's also the medical concern as well. she does have to have this very important treatment and therapy and the best place for her to do that is in britain. and so the family have taken this decision to relocate for the foreseeable future here to england. in fact, just last week, her father has been given a job by the pakistani government as the education attache to the pakistani consulate in birmingham so he can earn money and be close to his daughter as she's being treated at the hospital in birmingham. stable for the next few weeks,

they'll be located here it seems. >> a lot of work to do and a lot of recovery ahead, but still she's moving forward. matthew chance in london for us, thank you. time check, 10:15 on the east coast. 7:15 on the west coast. the woman who herself was a target of a gunman is planning a trip to the scene of another national tragedy. former arizona congresswoman gabrielle giffords is planning to visit newtown, connecticut, today. giffords resigned from congress last year so she could focus on her recovery after being shot in the head during an event with voters. venezuelan president hugo chavez's health is in a delicate state. a top official said chavez a battling a severe lung infection that has caused respiratory failure. chavez has been hospitalized in cuba since undergoing cancer surgery last month. after a two-year investigation, the federal trade commission said google is not in violation of u.s. anti-trust laws.

competitors had complained the world's largest search engine engaged in unfair business practices. well, the ftc disagrees. google still faces a similar investigation in europe for anti-trust laws are much more stringent. you could call it a big win for free speech on the internet. the virginia supreme court is supporting one woman's right to write a nasty review online. but that may not stop her from a big lawsuit. mine was earned off vietnam in 1968.

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if you post reviews online, listen up. the virginia supreme court ruled in favor of a woman who was sued for a nasty review she wrote on

yelp and angie's list. the court overturned a previous court's ruling ordering her to remove parts of her review. here's the story, jane perez said that a contractor damaged her home while repairing it and implied he may have stolen her jewelry. he's suing her for internet defamation for $750,000 and last month they were on this show and spoke with cnn's don lemon. >> does this lawsuit hurt your business more since customers are afraid you might sue them if you complain? >> i hope not. i'm standing up for what's right. the truth needs to be told. she accused me of criminal activity, of false statements, presenting them as facts with no basis for it. >> i might add -- >> go ahead. >> this isn't about free speech. defamation has never been protected speech in the history of the united states. and this isn't about the ability to give a review, something

that's a statement of opinion. it's when statements of facts are made and those facts are untruthful and they damage someone's reputation, damage someone's business, that the -- there has to be some accommodation, there has to be some making right of the situation. >> can i ask you this, so, then, there's no concern here, mr. johns, that you're setting some sort of precedence when it comes to prespeech and people posting things online? because the internet is fairly open now. you can pretty much say what you want about anything or anybody and get away with it. >> well, i think there's a notion that there's an internet privilege for defamation and it just doesn't exist, and i don't think it's fair just because someone is posting something on the internet doesn't give them the right to make untruthful statements that could ruin someone's business or their professional reputation. >> i think also, too, we need to hold the service providers accountable, angie's list and yelp need to be held accountable. >> you think this was your only recourse, you didn't think you

could go back on the site and explain, you didn't think that's enough? >> don, thank you for that question. no. no, actually -- when she didn't pay me a cent on the original invoice for work performed, services provided, she went out there and continued to defame me and claim i was a criminal. i tried to get those postings removed with legal documents from different sources, disproving her statements or claims, and yelp and angie's list refused saying we're just a forum. we don't get between two parties. >> well, in yesterday's ruling the virginia supreme court said that dietz could still sue perez for libel. his attorney said that's what they intend to do. a lawyer for perez said, quote, the decision confirms the importance of not shutting down public discussion on the internet just because someone doesn't like what's being talked about. a man helps a lesbian couple conceive a child, and three years later he's being told he has to pay child support. and it's not the couple. it's the state telling him that. we'll hear from him next. [ loud party sounds ]

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the latest threat for victims of superstorm sandy, mold. just in the rockaway neighborhood of new york, 65% of the homes still have mold problems. that's according to a community group there. some homeowners are worried the government won't offer any help to remove it. >> the mold it's here, and we're, what, eight weeks later? and it's still growing. we should have had it removed by now. i'm very concerned about what we cannot see, more so than what we can see. >> another family says mold removal may cost them as much as

$10,000. >> 40% of the exterior walls are covered in mold. >> we don't have anyone to remove it. >> yes. nor do we have the funds. >> yeah, we don't have the finances to be able to. >> well, this morning the house is set to vote on a sandy aid bill for $9.7 billion, another $51 billion is being put on the back burner at least until the first legislative day, that's the 15th. our national political correspondent, jim acosta, is in washington. so, where are we on this bill? likely to pass? >> reporter: likely to pass, expected to happen within the hour, victor. we heard from a house leadership aide earlier this morning that they do expect this $9.7 billion to pass. this basically covers the money that fema was concerned about running out. which is basically the flood insurance program, so this money's going to go to people who have been filing claims to get some of that money. and just a few moments ago we heard from congressman peter king, the republican from new york, who was outraged earlier this week, you'll remember that, victor, when the house declined

to pass this sandy relief aid package that came over from the senate. that set off a firestorm of controversy. there were lawmakers from both sides of the aisle from new jersey and new york. chris christie held that news conference and said shame on you, shame on congress. well, peter king came out this morning to assure his colleagues there is no pork in this bill, not to be worried about that, so everybody expects that to pass. now, the remaining $51 billion that those lawmakers up in new york and new jersey that would like to see passed, that is going to be coming up on january 15th, and according to republicans here on the hill, that is also not expected to be laden with pork. although there are folks over on the senate side, a senate democratic leadership aide is saying, hey, when the house passes its package on january 15th, we still have to take a look at it over on the senate side. so, that remaining big $51 billion chunk that those lawmakers and the president would like to see passed and

sent to those victims of superstorm sandy, that is not -- not a sure thing, at least not at this point, so we're going to have to wait to see what happens on that. and, you know, at the same time, republicans here on the hill are getting some pressure from conservatives to block even what's up for a vote today, the conservative club for growth sent out a statement this morning urging republicans to vote against this $9.7 billion saying that the government shouldn't be in the flood insurance business, and saying that this will be on their congressional scorecard if republicans do pass it. but that's probably not going to be enough to block this from getting passed, victor. it's expected to go down rather easily within an hour from now. and i should tell you at around 1:00 this afternoon, congress will be getting to come constitutional business. vice president joe biden will be presiding over a joint session of congress to officially count the electoral votes that will make president obama president once again for a second term, so a somewhat busy day or busy morning you might say here on capitol hill, but then congress

is going to get out of town. they're off next week and then we'll see things get back to business next week. >> all right, jim accosta in washington for us, thank you. >> reporter: okay. so, yesterday we told you about an unusual case in kansas. william murada donated sperm to a lesbian couple and he is now being told by the state to pay child support for the child that was born. this is despite agreements by all parties involved in the birth that murada had no financial responsibility after his donation. well, he and his attorney they're both with us now. thank you for joining us, gentlemen. >> you're welcome. >> good morning. >> good morning. >> william, i want to start with you. why did you respond to this ad? how did you find this in the first place? >> cruising craigslist just almost like window shopping, just looking around, and ran across an ad that was asking for sperm donor. for what reason, intrigued my interest, answered the ad. >> so, you answered the ad, and

they -- you found out it was a lesbian couple who wanted to conceive. when you approached them, when did you find out there would be no doctor involved? >> i didn't know that there was no doctor involved. >> so, from start to finish until you got this information from the state, you did not know that no doctor had been involved with this conception? >> correct. >> ben, william signed a contract with the women. what is your argument for the legality of this contract? was there an attorney involved with this? >> there was no attorney involved with this contract at all. the main argument for the legality is that when they signed this contract was entered into, there was no child. the child were not bargained away. you cannot exist before conception i think. even the most conservative views would agree with that so -- >> was there money exchanged hands here? were you paid, william?

>> i'm sorry? >> yes. >> how much? >> i didn't understand the question. >> were you paid for your donation? >> oh, no. >> you were not paid. okay. do you believe this is politically motivated or financially motivated? because we know that there was $6,000 of support from the state for this child, and we know that kansas has now voted to outlaw same-sex marriage. i'll start with you, ben, is it political? is it financial? >> my understanding or my opinion would be there is a political motivation. we had sent a letter to the state outlining our position before they filed. and we didn't even get an answer. the state just went ahead and filed without even responding to our letter. so, i would -- i am inclined to believe that this is politically motivated. i've also had contact with prior

senior members of the departm t department, and it's my understanding it would have been a discretionary decision to be made to go ahead or not go ahead on this case. and in view of the millions of dollars that the state rightfully collects from biological fathers, this $6,000 looks so de minimis in at picture. and the cost to the state to bring this case far outweighs any benefit the state would get out of it. >> but you do understand that this could be a precedent for men who are with women, maybe a one-night stand, that they can say, hey, she wanted a child, i offered my portion of the deal, i'm not really involved. i mean, this could be a precedent for that type of transaction. >> i fully understand. it's just under the facts of this case, and we are very comfortable that we can provide

evidence that the contract was entered into before any donation occurred. we are also very confident that we can demonstrate that the only donation was in a cup. that is an evidentiary issue. that is not a substantive issue. >> and, william, have you ever met this child? >> my wife and i were at a local carnival a few months ago, and crossed paths with jennifer and the child, yes. >> if you are found to have to after this lawsuit go after this effort to get you to pay child support, you have to pay child support, will you then go after visitation rights and kind of fill out the role of a father? >> no. because i'm not her parent. that's jennifer and angie. >> okay. would you, knowing what you know now, do it again? would you respond to the craigslist ad? >> probably not.

>> okay. william marotta and ben swinen, thank you very much for speaking with us this morning. >> thank you for your interest. >> thank you. let's get to the medical side of this story and bring back our senior medical correspondent elizabeth cohen. elizabeth, this story has so many moving parts, so many unusual parts. we've heard from mr. murotta, what does the state of kansas stay? >> they say legally speaking he's the father. if they had gone to a doctor and the doctor had done the insemination, he would be fine, because there would be documentation he was a sperm donor. but they don't have the documentation. for all they know they were lovers and that's how they conceived the child. they need that documentation, so they say homes the dad. he ought to be paying up. >> so, we've got this document that there was written up at the home. he went over and took his donation. how often does this happen?

it seems really rare. >> do you know what, it's not as rare as you think. we were talking to a lawyer who specializes in reproductive rights and she said she's got a lot of calls about this, and here's why, to do an artificial insemination with a doctor is about $3,000 and it often doesn't work the first time. it often takes several tries, $3,000, $6,000, $9,000, it's a lot of money. it's a lot cheaper to get someone to come over with their donation and do it yourself at home. >> that's what happened here, he walked over with his donation. >> that's how we understand it. we don't exactly what technique they used, i don't even want to go there, but there is a problem with diy inseminations because that sperm hasn't been tested for sexually transmitted diseases or genetic diseases that could be passed on to the child. i get why people do it themselves, but really from a medical point of view, don't do it, go to a doctor, and plus you'll be asked to pay up three years later. >> yeah, good advice, all right, thank you. patrick dempsey must really

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actress brigitte bardot may soon seem a little less french and a little more russian. she's requesting russian nationality in a protest to a plan to euthanize two elephants in a french zoo.

and she might have some luck. russia just granted citizenship to gerard depardieu who is angry over high french taxes. actor patrick dempsey is getting into the coffee business and the most powerful woman in congress is headed to television. a.j. hammer has the whole scoop from new york. good to have you with us, a.j. >> hey, victor. >> let's talk about this coffee for -- >> yeah. >> -- for patrick dempsey. >> this is actually a pretty cool story. patrick is telling people he's going to become a part owner in a seattle coffee chain, the "grey's anatomy" star and his fellow investors are actually poised to take control of tully's coffee, it's a well-known collection of more than 40 coffee shops with more than 500 employees in seattle and dempsey tweeted out the satisfaction after beating out the other bidders among them starbucks. here's what he said -- we met the green monster, looked her in the eye, and she blinked, we got it. thank you, seattle.

now, dempsey, of course, is fame muls for playing a seattle doctor on grey's and a connection to the city that he's developed a relationship and connection with over the years. the final verdict on the sale has to come from a bankruptcy court. the judge is expected to issue a final ruling on the bid on the 11th. the cost of the chain reportedly more than $9 million and, victor, it is obviously great to see that all those jobs i mentioned, 500 jobs, being saved will be a big, big thing for seattle, and i know it was a big motivating factor for patrick dempsey getting involved here. >> yeah, certainly will. let's talk about house minority leader nancy pelosi going to prime-time television. >> ah, yes, "the washington post" broke this news, nancy pelosi reportedly going to be appearing in the finale of "30 rock." we don't yet know what her role's going to be in the episode. i imagine she'll play herself, but you never know, she did tell "the post" she was flattered to be asked and she basically took the part because she said she'd do almost anything that tina fey asked her to do and she said shooting the finale has been a

lot of fun. she's had a public relationship with tina fey and alec baldwin over the years and not a huge surprise. it was probably a pretty comfortable situation i'm guessing, victor, a lot more fun than battling over the fiscal cliff. >> yeah, probably, just a little bit, just a little bit more fun. a.j. hammer in new york, thanks. >> you got it. >> for more, watch "showbiz tonight," 11:00 eastern on hln. is being hispanic an ethnicity, or is it a race? a new question on census forms is stirring up some controversy. [ ryon ] eating shrimp at red lobster

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checking top stories -- the health of venezuelan president hugo chavez is in a delicate state. a top venezuelan official says chavez is battling a severe lung infection that has caused respiratory failure. chavez has been hospitalized in cuba since undergoing cancer surgery last month. we're getting a new look at princess diana long before she became a member of the royal family. now, this photo of diana spencer was taken when she was a teenager reportedly during a swiss holiday but written on the photos the words "do not publish." it's remained hidden all these years until now as it's being put up through r&r auctions in new hampshire. it's not known who the man in the image is. with money, would you pick

electricity over speed? well, it looks like chevy customers are picking electricity. in 2012 more people bought a chevy volt than a chevy corvette. now the corvette, you know, is one of chevrolet's best-known brands, but more than 23,000 people bought the electric chevy volt. only 14,000 purchased corvettes. two teenagers in arizona had to cling to a tree for four hours. look at this picture and imagine four hours. this frozen lake around them started to crack. the boys had decided to walk across the lake to pick up one of their brothers, and rescue crews were called and they used a boat to free these teenagers. exceptor being, well, of course, cold, they're okay. a possible change to the census is stirring controversy. being hispanic could be changed from a question of ethnicity to a question of race and that's getting some opposition from latino advocacy groups. rafael romo is following the story for us this morning.

these kind of changes are not uncommon, so why specifically is this getting too much attention, why is this so controversial? >> that's right. number one what the census is trying to do is accurately reflect the changes in the population, the demographics in the country, that's what they do, that's what their goal and mission. thanks to that latinos are 52 million according to the most recent count and comprised 16.7% of the population. but now they have found out that many latinos when it comes to race do not choose one race, more than 90% of latinos are saying other race, and it has become indeed the third largest group when it comes to the census. and it is a kr complicated question, because just to give you an idea, for example, take my own case. i come from an indigenous mexican father and a spanish white mother, so what am i? and that's the kind of question that the census is trying to -- to find an answer for, because latinos can be of any race.

they come from different parts of latin america and different parts of the world, and so it is very difficult, it is very challenging, to paint an accurate picture of who they are here in the united states. >> and it's emotional sometimes because you have to choose, you may have to choose your mother or father. in this case is it a done deal or could there be some change because of all the controversy and outcry? >> well, it's in the middle of the conversation right now. latino groups are talking to the u.s. census and they are trying to let them know what their concerns are and, again, the main concern is that people are counted accurately. but just to give you an idea, i was looking at a study conducted by the pew hispanic center last year -- >> yes. >> -- which says that a majority, 51%, of hispanics say that they identify by their family's country of origin which as you can imagine, you're talking more than two dozen countries in latin america -- >> yeah. >> -- that in itself is a challenge. only 24% prefer to identify themselves as hispanic or latino

and only 21% call themselves americans, so it's a very difficult question when it comes to labels. >> yeah, the effort is to try to clear up some of the confusion, but it's hard to choose. >> it is. it is exactly right. and the bottom line is that people have to be counted so that this nation is accurately represented. >> all right. rafael romo, thank you. >> thank you. chip kelly doesn't have much time to celebrate oregon's fiesta bowl victory. nfl teams are calling. we'll talk about it in sports. check out my new treadmill app.

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time for sports. bleacher report's vince is here, the fiesta bowl played last night and arizona and i've never heard of a one-point safety. >> i haven't either until i saw it. >> i'll give it to you. >> let's look into it. stay with me. it happened once in division i in 2004, texas and texas a&m but as you said in the fiesta bowl it happened again. here's how it goes down. oregon tried for an extra point, kansas state defender picks it up, retreats back to the end zone and laterals to a teammate and that's ruled a one-point safety for oregon. it's an obscure rule. in the nfl this play would be dead, but in college because he went back to the end zone and they were caught, one point for oregon, and it was that kind of a night for the ducks as they

beat kansas state 35-17, and they finish at 12-1. now, the real question is, was that the last hurrah for chip kelly, the head coach of oregon? a lot of teams love his high-powered offense and he is in demand. reports have him being pursued by at least three nfl teams. the browns, the bills, and the eagles. because this is the time of year when these guys and the nfl comes calling for some of these high-profile coaches. but one coach reportedly staying in place now is penn state's bill o'brien. recently named the big ten coach of the year. what a job he did at penn state in light of all the scandals there. he's a former new england patriot offensive coordinator, and he led penn state to 8-4 this season in his first year as the head coach, again, took over an impossible task and he did a terrific job. all right, more coaching possibilities now from the nfl. rumors this week have fired eagles coach andy reid heading to arizona. now he's apparently this close

to wrapping up a contract with the kansas city chiefs. and the chiefs, by the way, just parted ways with general manager scott pioli on friday morning after four seasons, so they're now looking for a head coach and a general manager. we'll keep an eye on that. and i'll leave you with this. this has to be one of the sickest dunks of the season. >> oh, i love this. >> unbelievable. late in the game, a bad pass waist high and j.r. smith goes up and gets it and throws it down against the spurs in a 100-83 win over san antonio. this was unbelievable. take a look at that. making your teammate look good. j.r. swish! >> cormello can't stay in his seat. >> no. adding insult to injury to the spurs in this game, early in the first quarter their seven-game win streak snapped and they lost steven jackson as he steps on the foot of a waitress who's apparently serving the new york city mayor michael bloomberg right on the sideline, so jackson was out tripping over a

waitress. had to leave the game. >> i don't want to use the word conspiracy, but how obscure is it to have the mayor, the waitress somewhere where steven jackson could strip -- trip, did i just say that word, trip over her? nobody laughed. nobody laughs. >> it makes for a good tip, though. nice job. >> thank you very much. and we want to let you know you can get all the major sports stories on bleacherreport.com including a preview of the cotton bowl featuring heisman wine are johnny manziel, texas a&m versus oklahoma. it should be a good one. >> watch your step around here. don't trip. i'm victor blackwell, thank you for joining us today. "cnn newsroom" will continue with ashleigh banfield after this. >> reporter: roughly 12 million americans are without work. nearly 5 million for a half year or more. so, career counselors across the country are starting 2013 with a clear message -- keep hanging on.

>> it's a lot longer than we would all like, but it's incredibly competitive right now whether you're working or not working, and i think that individuals who have that advantage of having employment right now should make sure they're taking full advantage of that? >> reporter: that, they say, means three things -- first, ask for opportunity. build your professional network inside and outside of your office. workers who go unnoticed are often the first to go out the door. >> they don't raise their hand. they don't raise their hand for the difficult project. they don't ask for lateral moves. they don't ask for more responsibilities. they don't join teams. these are things that companies look for for people for the longer haul. >> reporter: she works for the apollo research institute which promotes further education, and that's what nanny job advisers say is the second key, take advantage of every training opportunity. >> there are tough times, you should always be looking how you are developing and growing your skills whether for your current

employer or your current position or perhaps something on, you know, down the road. >> reporter: and lastly -- ♪ unlike the unhappy guys in the movie "office space" embrace all sorts of technology. >> by the year 2020, over 70% of jobs will have a technology component and i think that's very important for people to understand for longevity and for employment in the future. >> reporter: staying employed this year will be easier in some fields than in others, of course. for example, jobs in health care and business services like sales are expected to be plentiful. and as 2013 goes on, the job market is predicted to pick up steam. setting the stage for better days in the next new year. tom foreman, cnn, washington.

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responsibility. what's your policy? hello, everyone, nice to see you, i'm ashleigh banfield, welcome to the show. we like to start with the december jobs report or at least the jobs report. the u.s. economy ended the year by adng