>> good morning, merry christmas. now you're listening. welcome to "new day," it's tuesday, december 17th, we're not quite there yet. it is 6:00 in the east. big news, potentially major defeat for the country's once secret surveillance programs. a federal judge ruled the mass collection of americans' phone records is unconstitutional. the judge insists the government can't sight a signal instance where the domestic spying operation actually stopped a terrorist. jim sciutto is live from washington this morning. good morning, jim. >> good morning, chris. the ruling makes for interesting reading. the first successful challenge to the nsa's surveillance program, the federal judge calling it almost orwellian and adding that james madison, the author of the constitution would be aghast at its violation of americans' freedom. six months after edward snowden revealed it to the world, a federal judge ruled the nsa program that sweeps up

americans' phone call records is likely unconstitutional. the judge wrote, quote, i cannot imagine a more indiscriminate and arbitrary invasion than this systematic and high-tech collection and retention of personal data on virtually every citizen. snowden described it as a vindication of his hacking, saying i acted on my belief that the nsa's mass surveillance program would not withstand a constitutional challenge. today a secret program authorized by a secret court was, when exposed to the light of day, found to violate americans' rights. snowden remains holed up in russia, avoiding charges in the u.s. of espionage. but a senior nsa official floated an unlikely solution cbs "60 minutes" to get snowden back here. give him amnesty, an idea the white house quickly dismissed. >> he should be returned to the united states as soon as possible where he will be accorded full due process and protections in our system. that's our position and it has

not changed. >> reporter: still, the court's decision is a body blow forred administration. >> it is just an absolutely scathing rejection of the nsa program that the government has defended so strongly. and it is worth noting that the judge was a george w. bush appointee, someone who had worked for republicans in congress, hardly a screaming liberal. >> reporter: the judge ordered the government to stop collecting data on the plaintiffs in this case. it was brought by a leeing conservative activist. however, for the rest of us, he stay his ruling to allow the government time to appeal it, noting, quote, the significant national security interest at stake in this case. that process could take six months. meanwhile, intelligence reform legislation on the hill, tech company giants in the white house complaining about this case, this ruling certainly to be influential. >> absolutely right, jim. thank you so much for starting us off this morning. one day after that stunning legal setback for the nsa, the president finds himself in a tight spot.

he's meeting this morning with the titans of technology, top executives from apple, google, twitter, yahoo! and facebook, just to name a few. they want to know what the administration plans to do to better protect the privacy of their clients. for that let's bring in senior white house correspondent jim acosta with more. good morning. >> good morning. you said titans of the tech industry. we're talking about the people at the very top of the companies. let's put them up on screen to show you the executives meeting with the president later this morning, they include tim cook, sheryl sandburg, eric schmidt and marissa mayer. they'll be talking about surveillance issues, obviously these companies are concerned. their consumers and customers have been raising concerns that they're having about the surveillance issues over at the nsa. also, kate, they'll be talking about healthcare.gov. there will be executives from a

smaller tech firm that are sort of in the business of starting up websites, the president wants to hear from them as well, kate. >> i want to switch gears a bit just to ask you about the latest on healthcare.gov. we're hearing that the website's manager is delaying his departure from that post. he's supposed to be moving over to take over for gene sperling. why the delay? >> we're hearing that this is a transitional move, yes, jeffrey zients, he was supposed to become the president's director of the national economic council, be his top economist starting january 1st. that is now being pushed back, now being delayed one month. gene sperling will stay on in that role for that month of january and then jeffrey zients will come in. this is more of a transitional move although this will fuel speculation there are problems with healthcare.gov, although officials say that is not the case and zients will be leaving

hhs shortly. they're just not saying exactly when. >> busy day ahead. thank you. >> you bet. it will be cold and snow will come to the northeast today. that's the simple truth. millions of people could see 6 inches, as much as 9. >>s in maine. this system is reeking havoc in the midwest. if you think about it, we've seen so much snow this december, makes us think will it extend into a white christmas? let's put that question to meteorologist indra petersons, who is out in the cold. >> and the snow. there's nothing about will here. we're seeing the snow. it has made its way into the northeast. we're starting to get the wet snow out here. if you think we've seen a lot already, especially in new york city you would be right. we've had 7 inches this season. average you ask? you be 2. we could see another 2 to 4 inches today and we're not the only one. seems like it is the trend around here. overnight snow, snow and more snow after a weekend storm

dropped as much as 16 inches of snow in maine, another round of wintry weather is on its way to wallop the northeast. making this the fifth blast of arctic chill this month. this latest round of brutal wintry weather caused this delta plane to skid off the runway while taxiing at the dane county airport. delta saying snow along the runway is to blame. no injuries were reported. this new storm system started in the midwest and is bringing heavier snow to cities in the northeast like new york and boston between 4 and 6. >>s of snow in providence, boston and portland could likely cause significant travel delays. we're only halfway through december but already millions of people have been dealing with the deep freeze. duluth, minnesota, saw their longest cold stretch in december since 1972. and chicago's negative 6 degree day on december 10th ranks as the coldest day in the windy city since the '70s. why all the frigid wintry weather cycles? the jet stream or river of air that acts as of dividing line

between warm and cold air is farther south, meaning spilling colder air into the parts of the u.s. this month, leaving millions to feel the effects of the big chill. let's talk about how much snow we're expecting across the country today. anywhere from 2 to 4 inches, anywhere for boston, new york city. places farther north, especially you talk about portland, maine, you could see way higher amounts. let's track this guy, i think we know by now, morning commute, we're seeing this, over the early birds. the snow is falling, heavier snow expected to fall as we continue through the morning hours, especially in the afternoon. new england you'll be looking for a lot of the snow and that low form is really off the coast tonight into tomorrow. where that form is makes a different whether or not boston gets a lot more snow. big question on everyone's mind, christmas. where are we getting the white christmas? it's still far out. today it looks like around the lakes we'll have snow. we're watching the models. we'll keep you posted and let

you know who will get more of this guy. if anything continues like this, at this point, everyone, right? >> a white christmas may be at hand. thanks, indra. >> sure. how about a mega billion? the jackpot for tonight after 21 straight without a grand prize winner could top $600 million. if the trend continues and no one -- people continue to not win, it could hit the billion dollar mark. cnn's pamela brown is following the mega millions mania. she's live here in new york city. i know you're taking on these assignments to buy tickets which i actually respect. what's the latest? >> that's absolutely right, kate. i have a great assignment today here at the 7-eleven as people come and buy their mega million tickets as this frenzy goes on. a lot of people are hoping there's not a winner so we could see this jackpot soar to a billion dollars. let's not lose sight of how big it is right now as it stands.

$586 million. an astounding number. we could see the jackpot go up by tonight's drawing. it's beginning to look a lot like a very green christmas for one soon to be jolly american, the epic mega million dollar jackpot is at a whopping $586 million and climbing. >> we have never been in this position to have a jackpot this tremendous over $500 million already, the week before christmas. >> just how massive could the jackpot get? lottery officials say if there's no winner in tonight's drawing, the prize will swell to 800 million and possibly 1 billion by christmas, causing a very festive frenzy for what could end up becoming the largest lotto in mega millions history. >> this time of year around christmas, lottery tickets make great gifts. people are thinking about gift giving. >> the mega millions is one of the biggest jackpots in the world right now and the fourth

largest in u.s. history. if no one wins tonight, it may likely surpass the largest in 2012 by over $100 million. >> winning the mega millions is akin to being struck by lightning at the same time you're being eat by a shark. >> reporter: the balls were increased from 56 to 75. since then there have been 21 consecutive drawings without a winner. because you're up against the worst odds of any u.s. lottery. to clench the jackpot you'll have to strike the winning number combo out of an incredible 259 million combinations, a lottery official says by the next drawing, 70% of possible combinations will likely be sold. by it's still no guarantee someone will win the mega bucks. so the higher the jackpot, the more tickets sold, that's usually how it goes. lottery officials say.

they also say that most people who buy lottery tickets are procrastinato procrastinators. they normally buy at the last minute. if you want to buy your ticket go before the evening rush. so that you don't have to wait in a long line. that drawing is tonight at 11:00 p.m. eastern time. chris, kate, michaela, i promise to come back today with your lottery tickets. >> unlike last friday. >> yes. >> we have long memories. >> heard the tale before. >> now she's accusing us of procrastinating, too? >> i don't know. it gets deeper and deeper with brown. >> deeper issues, brown. >> you brought this on yourself, pamela. i told you we'd be knife. >> she keeps beginning to the 7-eleven that's clearly around corner from her house. >> i'm having audio issues. >> otto, one letter away from lotto. >> that's the perfect job for that person. >> perfect job for him.

great if her middle initial was l. cnn cannot confirm. >> we'll give her that middle name. 11 minutes after the hour. the parents of carl pierson say they are shattered and that they are praying for the 17-year-old shot by their son. doctors say claire davis is still in a coma in critical condition but is stable. investigators say pierson had a grudge against the school librarian who took him off the debate team. on friday, armed with a shotgun and molotov cocktails he went to arapahoe high school, shooting davis and then turning the gun on himself. the two-year plan also passed in the house. three republicans announced their vote today. final passage could come as early as wednesday.

the senate breaking filibusters to fill key cabinet posts. jay johnson was overwhelmingly confirm as homeland security secretary. he's considered a key architect of president obama's anti-terrorism policies including stepped up drone usage in terrorist hot spots. three former penn state administrators will be in court for a pretrial hearing today. they are accused of covering up the jerry sandusky child sex scandal. the defendants each face multiple charges including perjury and failing to report child sexual abuse. sandusky is currently serving a 30 to 60-year sentence for sexually abusing young boys. the rock and roll hall of fame is unveiling its class of 2014. ready? kiss, nirvana, peter gabriel, hall and oates, linda ronstadt and cat stevens.

it's like our childhood, folks. the rock halls world for musical excellence will be awarded as well. that ceremony will be held in april in new york city, maybe somebody could get us tickets. >> you cannot not dance when that song comes on. >> it gets your soul into it. >> i think cat stevens changed his name. >> for purposes as a musician, isn't it still cat stevens? >> yousef islam. >> thank you. >> my producer just knew it. >> he knows things. >> he's human google. >> we'll take a break on "new day." we have important health news on two fronts. antibacterial soaps and multivitamins, don't mix them. the real question is, do either of them work? and are they even safe? we'll give you information you want. and are telemarketers getting sneaky? listen. >> hey, are you a robot? >> what? no. i am a real person.

>> think you can tell if you're talking to a real human being or robot? that's ahead. i know. great gas mileage, this is nice. and it's fun to drive. well you know that beats great mileage or being fun to drive. yeah, that'd be like someone being loud or clear. we need to slap the slippery fish right in the gill hole! happy time feed bag! frog face! cement leg! that's weird. i like "and" better. yeah. "and" is better. the twenty fourteen ford edge. only ford gives you ecoboost fuel economy and a whole lot more. go further. [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. heartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums!

[ female announcer ] just about anywhere you use sugar, you can use splenda® no calorie sweetener. splenda® lets you experience the joy of sugar without all the calories. think sugar, say splenda™ waiting for your wrinkle cream to work? neutrogena® rapid wrinkle repair has the fastest retinol formula. to visibly reduce fine lines and wrinkles in just one week. neutrogena®.

to visibly reduce fine lines and wrinkles in just one week. d" before using her new bank of america credit card, which rewards her for responsibly managing her card balance. before receiving $25 toward her balance each quarter for making more than her minimum payment on time each month. tracey got the bankamericard better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you.

welcome back to "new day." antibacterial soaps, seems look a no-brainer, right? wrong. in a strongly worded statement, the fda says there is no evidence they work better than plain old soap and water. in fact, they could be harmful. senior medical correspondent elizabeth cohen is at the cnn center with more. what is going on here? >> oh, chris, i tell you, so

many people buy these antibacterial soaps because they think they must be better but the fda says think again. you see them everywhere. these antibacterial soaps with killer claims. but these labels might become a thing of the past. the food and drug administration says antibacterial soaps may actually be harmful. they could post health risks such as bacterial resistance or hormonal effects. the most common ingredient, triclosan. >> there are some impacts triclosan could have on the hormone system that could affect churn and infants. >> reporter: the fda says there's no evidence antibacterial soaps prevent illness any better than plain old soap and water. the agency put this demand on soap manufacturers. prove that your antibacterial

products are safe and better than regular soap and if you can't, scrub off those claims. soap manufacturers say they're up to the task. >> manufacturers have presented such data in the past and with this new proposed rule that's out, we'll have another opportunity to present newer research that shows, again, a germ-killing benefit of antibacterial soap and data that does show that these soaps are safe. >> now, soap manufacturers have a year to make their arguments to the fda. so none of this is happening any time soon. chris? >> kind of weird they get a whole year to prove to the agency's satisfaction that their product isn't dangerous. we'll keep following it and let that part go for now. let me switch gears. this new editorial about multivitamins. the editorial says essentially they don't work, might even be bad for you, your take?

>> it's really interesting. multivitamins, it's gone back and forth. basically these folks are saying what a lot of people are saying which is that there's not a lot of evidence that multivitamins do anything for you. it's an editorial in the annals of internal medicine. you can find doctors who will say, look, if your die set bad, why not take a multivitamin as a safety net. doctors out there will tell you they don't really do much good. they may make you feel better to be taking it but there's no proof they do anything good for you. >> do anything good versus hurt you. we'll have to develop some more data on that. that's an important distinction also. elizabeth, thank you very much. appreciate the reporting. >> okay. thanks. here's something you may not be aware of, doctors getting paid by drug companies to promote certain drugs. glaxo smithkline says it's putting a stop to the practice.

chief business correspondent christine romans is joining us with more. this is the first major drug company to do this. this could be a big deal. big shift in the industry. >> as you know, maybe you don't know, for many, many years the drugs that you're being prescribed are being pushed by the drug companies. and the drug company representatives who sell those drugs, promote those drugs are compensated based on how many prescriptions your doctor is writing. a lot of people have said there are conflicts of interest. glaxo smithkline will pay their drug reps based on technical knowledge, not by how many prescriptions your doctor is wing. they're not going to pay doctors to speak on behalf of glaxo smithkline or attend conferences for glaxo in the future. there are doctors who get an awful lot of money, paid for directly by the drub companies. >> we know there's so much money in this business. >> absolutely. absolutely. you've seen like this over the past 25 or 30 years, americans

consume more prescriptions than any other country in the world. >> that's an excellent point n. part because you've got a drug industry selling to doctors. doctors have long said, we are not corrupted by a drug rep in our office. we are not. a lot of people have said, look, you have drug representatives who are paid for how many prescriptions a doctor is writing and doctors who are paid by drug companies directly for speaking or attending conferences, that is a conflict of interest. >> the incentive structure on the drug company side seems to be off. >> a couple of things here. the obamacare actually will make it law to reveal these payments, too. glaxo getting ahead of obamacare which means all of this will be public information what your doctor is accepting from drug companies. >> thanks, christine. >> you're welcome. >> look at the pens the next time you're in the doctor's office. >> i know. coming up on "new day," brand new findings into princess diana's death. will there be a new investigation over who's to blame? a live report, straight ahead. >> telemarketers getting tricky.

listen to this. >> you tell me you're not a robot, say i'm not a robot, please? >> i am a real person. >> are you convinced? the next time you get a call from one of them, will you be able to tell if it's a real person or a robo recording? ♪ [ engine revs ] ♪ ♪ [ male announcer ] the mercedes-benz winter event is back, with the perfect vehicle that's just right for you, no matter which list you're on. [ santa ] ho, ho, ho, ho! [ male announcer ] get the all-new 2014 cla250

starting at just $29,900. they always have. they always will. that's why you take charge of your future. your retirement. ♪ ameriprise advisors can help you like they've helped millions of others. listening, planning, working one on one. to help you retire your way... with confidence. that's what ameriprise financial does. that's what they can do with you. ameriprise financial. more within reach. you give them the giggles. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®.

almost half past the hour on "new day." let's take a look at your headlines. federal judge says he believes the nsa is violating the fourth amendment of the constitution. judge richard leon calling the mass collection of americans' phone records almost orwellian, insisting our founding fathers would be aghast. his ruling is stayed for now to give the government time to appeal. more snow could snarl travel today in the northeast. cities including boston could see as much as 6 inches, up to 9 inches could fall in parts of maine, just days after getting upwards of a foot. the snow already sent a plane off the runway in wisconsin. this is the fifth blast of arctic air we've seen in this prewinter surge. cnn has learned the fbi is working to set up a meeting between director jim comey and the family of missing american bob levinson. an attorney for levinson's family says meetings were scheduled before last week's report that levinson was working

for the cia before he vanished in 2007. the cia continues to say levinson was not a government employee at the time of his disappearance. evacuations in southern california as a wildfire continues to burn. it's devoured about 500 acres and destroyed 15 homes. one of them belonging to the fire chief of big sur. the flames have forced about 100 people to flee their homes. firefighters are hopeful they'll be able to contain the blaze in the next couple of days. we are getting our first look at some rare turtles bother at new york's prospect park zoo. they are rare chinese big-headed turtles. five of them hatched in november. the video's only being released just now. the zoo has been trying to save the species from extinction. there are now 15 of them at the prospect park and bronx zoos. they're not insecure about their big headedness. good to know. >> big shell, too.

>> how about that? >> let's take you back here. princess diana, dodi fayed, they tied in 1997 in a car crash in a tunnel along with their driver. british police now say there is no reason to re-open the investigation into the death. so is it really case closed? cnn's max foster picks up the story for us in london. max, what do we know? >> as you say, chris, for so long these conspiracy theories, that somehow diana was a problem for the british establishment, so the establishment got her killed, they used special forces. that would be the theory. it was quite extraordinary, they must have had something to go on. they say now they had unprecedented access to all of the reports in the special services library, unprecedented access to all the witnesses involved. they concluded today in the

report that there is no credible evidence that the sas, the special forces, were involved in the deaths of diana or dodi. it does at last seem to end this theory that the special forces were in any way involved in this crash. >> that theory, but what about other conspiracy theories that linger out there that you're well aware of, max? what about those, did they say anything about tieing them all up or does it just get continued? >> well, you know, there are so many other theories out there. people think it's too convenient that diana was this problem and she died. dodi fayed's father issued a statement today, he's not happy with this at all. he says he's disappointed but not discouraged. he says simply the latest whitewash in a 16-year cover-up. >> max, thank you very much. we'll keep following this. people are interested. we know that. coming up next on "new day," robo call or real person? listen.

>> no. i am a real person. maybe we have a bad connection. i'm sorry about that. >> blame it on the bad connection. wait until you hear the newest way telemarketers may be trying to keep you on the line. beatle fan? how about an early gift. 59 new songs from the fab four, just hitting itunes today. we'll tell you why and why you better get there quick. m your c. you give them the giggles. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®.

♪ ♪ ♪ [ tires screech ] chewley's finds itself in a sticky situation today after recalling its new gum. [ male announcer ] stick it to the market before you get stuck. get the most extensive charting wherever you are with the mobile trader app from td ameritrade.

wherever you are with the mobile trader app millions have raised their hand for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. avoid if you take clopidogrel. for many, relief is at hand. ask your doctor about nexium.

welcome back. let's go around the world now. starting in moscow where russian president vladimir putin is expected to meet with ukraine's embattled leader. diana magnay has that. >> on the table, cheaper gas for ukraine and a possible loan injection, this after ukraine pulled out of a trade deal with the european union. ukraine desperately needs cash to avoid defaulting on its debt. russia may help out but it won't be easy money. the fear is that the president will bind them closer to russia when they want to look west. kate? >> diana, thank you so much. in china, activists have released a new report about increased human rights abuses in the country. ivan watson has that from shanghai. >> last month china banned its controversial reeducation through labor camp system where officials could basically throw you into forced labor for up to

four years without any access to open trial. well, amnesty international has researched this. they say they've seen some of these centers close, some of the political and religious dissidents in turn there released. they say the changes are merely cosmetic in some cases with be that some of the inmates are being kept in what are being described as drug addict centers or mental institutions and in some cases people are being interned in black unofficial prisons. amnesty is saying that's got to stop. back to you, kate. >> ivan, thank you so much. in the uk, a musical heartthrob gets a major win over the paparazzi. eric mclaughlin is in london with more. >> harry styles is telling the british paparazzi to back off. london's high court ordered a group of unidentified paparazzi to stay away for now. they're not allowed to loiter

within 50 meters of the singer's home and they're not allowed to pursue him. his attorneys say this is a harassment injunction, not a privacy injunction. legal experts tell me we can expect to see a flood of similar celebrity applications in the near future. and things are going in one direction. >> good turn of phrase. robot or human. are you robot or human. >> that's an ironic question. >> up for debate. telemarketing calls are getting more misleading. several "time" magazine reporters spoke on the phone with an upbeat woman offering health insurance deals. the reporters weren't convinced she was real, as much as she assured them she was. take a listen. >> hey, are you a robot? >> what? no. i am a real person. maybe we have a bad connection. i'm sorry about that. >> will you tell me you're not a robot? just say i'm not a row bbot.

please? >> i am a real person. >> i believe you but will you say i'm not a robot? will make me hear better to hear you say it. >> there is a live person here. >> wanting to get to the bottom of it. >> creepy. >> if they were in person they would have known for sure. it's the whole over the phone thing that makes it tricky. >> that's true. >> or is it how they get away with it because it's over the phone? it's like the howl 9000. >> do you think it's an open question. >> at some point it was a real person but i think it was probably a real person who went into a voiceover booth and handed a script and said record these 87 phrases for a health care company, including i am a real person. hahahaha! that to me was the creepiest part of the whole thing where it randomly starts laughing. >> it begs the question, why the secrecy? why do they need to hide it's a

robot? it makes us talk about it, obviously. >> which is good. you're right about that. when i call the airline i'm not speaking to a real person. >> people want to speak to real people. it's become a bit of a sensitivity. this is a hedge. >> where we can put a real-sounding person who's going to answer, she was just there to answer some simple questions before she passed you off to -- >> an actual real person. >> an all real person. i think she happened to call the wrong person who said, did you just laugh? >> why spend the time coming up with those responses? you know? why kater to the need then? >> but the one response she never could answer what is the main ingredient of tomato soup? there was a giggle and, do we have a bad connection. >> what's the technology behind this. >> it's the same technology you have when you call the airline or the credit card company that says -- >> just more advanced. >> tell me your account number and i can help you. you tell it to it and it passes it off to someone. can i talk to an operator and

they say, sure, just a moment. it's interesting they've taken it to this degree of kplikicatikpli complication. >> what if it's someone -- we know they've taken a lot of calls offshore. somebody sitting in india, we know a lot of the call centers are based there and they are able to comprehend the question and say it but there's just a digitized -- a filtered voice so that's how it can be specific except for the tomato soup question. >> exactly. they're sitting in front of a sound board. >> yes. >> the company doesn't want people to know they've outsourced that many more jobs. >> did the company confirm this is not a real person? >> they -- >> that there's not a real person involved with this. >> they originally said it is not a real person and we don't have this technology and the number went busy. >> "time" magazine said the website is gone. >> the companies would love nothing more if we stopped

calling them and dealt with everything through the website. they have to have huge staffs of people. >> is the tomato soup question the question to ask? >> definitely. that's an unusual question but it's very valid. >> we need to know, how can we tell if somebody is real or not when we're on the phone with them? do you have tips? >> you could ask them -- a question i ask in general, how is the weather where you are today? totally normal. >> what am i wearing right now? >> if they can tell you what you're wearing, you have bigger problems. >> i is a blue shirt on, what am i wearing right now? >> a-ha. >> you'd be a great voice for the technology. >> i've heard that before. >> you'd be sassy. >> that's the thing. i wouldn't be like, yeah, oom a real person. what are you talking about? >> are you stupid.

>> i'll hang up on you, that's how i'll show you i'm real. >> you missed your calling as a facsimile human voice. mama would be proud. >> yes, she would. >> we have a real live meteorologist for you right now. >> what? >> the real deal, indra petersons. >> no robot. >> she may not look real but she is, i guarantee you that, to the cnn standard. >> we have snow out here this morning. it's like that wet snow, the one that makes it very difficult for your morning commute. we'll show you what it looks like on the radar. we've already seen rain in philly and some snow and it looks like this wet snow is here in new york city. still south of boston. we're looking for good mt as today. still anywhere from 2 to 4 inches. we've upped it from yesterday. that's for new york city. also for places like boston we'll be talking about heavy amounts, even up towards portland, maine. notice we're talking about heavier amounts as the low is

expected to form off the coastline. the timing you can see it has started for the morning commute. later in the day we'll see it moving places like boston as well. all of new england, the heavier snow, it's the overnight period tonight in through tomorrow morning. they'll start to watch. what we have to watch is where this low forms, it makes all the difference. as far as whether or not boston ups the totals or whether we up the totals in maine. winds will kick up at the same time. the other thing you may want to note, it is cold. temperatures a good 10 to 15 degrees below normal in the northeast. pretty much everywhere else in the country. they are above normal, beautiful in the southeast and the other western half of the country, it all looks good. here, snowy and a tough morning commute. >> we're watching. thanks, indra. >> sure. >> coming up next on "new day," paul mccartney, looking more like a fan than rock royalty at a brooklyn nets game. find out what he was trying to get for free.

>> dedication to the catch. >> he's, you know -- oh! >> speaking of sir mccartney, never before heard tunes from beatles were released overnight. new songs. you never heard them. details just ahead and how you can get them. ♪ we'll be sad and lonely [ male announcer ] when your favorite food starts a fight, fight back fast with tums. heartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums!

[knock] no one was at home, but on the kitchen table sat three insurance policies. the first had lots of coverage.

the second, only a little. but the third was... just right! bear: hi! yeah, we love visitors. that's why we moved to a secluded house in the middle of the wilderness. just the right coverage at just the right price. coverage checker from progressive.

welcome back to "new day." boy, i have to tell you, ever hear some teams say we couldn't stop them last night, their kicker was too good. nobody ever said that ever until last night on "monday night

football." the ravens justin tucker was the man. not only did he kick the game winner, he scored all his team's points. it's true. andy scholes told me so. is it true? >> it is true, chris. the ravens couldn't buy a touchdown but lucky for them, justin tucker was locked in. he made a franchise record six field goals in the game. he knocked them down from 29, 24, 32, 49, 53. he saved his best for last. this is a 61 yarder with under a minute to go. it barely gets over the cross bar. gave the ravens the win. they beat the lions, 18-16 despite not scoring a touchdown in the game. you know how car dealerships always have those crazy promotion if the impossible happens you get to keep the car for free? it finally backfired. if the seahawks shut on the giants on sunday 12 people would win $35,000 each. sure enough, it happened.

now lucky for the car dealership they purchased a $7,000 insurance policy on the promotion. the big loser in this deal is actually the insurance company. number three in the live section on the bleacherreport.com, paul mccartney at the brooklyn nets game, check him out. he really wants a free t-shirt. he says, hey, that was for me. even for someone who has 06 gold records, free t-shirt, too hard to pass up. i don't know about you, the free t-shirt thing seems to be all about the hunt. i've caught three or four of them. i've never really worn the t-shirt. >> i have never caught a free t-shirt. >> dedication to the catch. he had no dedication to the catch. >> should he have dove over -- >> he had baiter arms on him. you're not getting it. you have to give, dive, smash the kid in the face, catch the shirt. >> wow. took a turn. >> you want it, you go for it. >> i'm with you, chris. >> what?

andy! >> here is news you can use. while you were sleeping, christmas came early if you're a beatles fan. 59 previous ly never released songs. let's bring in cnn entertainment correspondent and beatle fan, nischelle turner. >> yes. >> we know a couple of the tracks. give us an idea of what else what was on this album. >> it's a whole new generation of beatle mania this morning. all of us who didn't grow up in that era are now enjoying the beatals all over again because of this 59 unreleased tracks that have been released on itunes. they're called the beatles bootleg recordings 1963. i love that. 59 new tracks, 44 of them are live. and let me stop talking because we want to hear them sing, right? let me give you a taste of what you can hear on itunes this morning. listen up.

♪ birds in the sky ♪ will be sad and lonely ♪ if they knew that i lost my one and only ♪ ♪ they'd be sad if you're bad to me ♪ >> so you'll hear -- >> why release them? >> it's pretty simple. >> explain to folks how this came to be. >> they don't want the copyright to expire. that's why they're re-releasing them. the copyright is set to expire at the end of december. they are re-releasing them. other companies can't profit off this. they did it with bob dylan's music, too. it happens from time to time. just to think there are now 59 new beatles tracks that you can listen to this morning. the kicker, though, you have to act fast. because they've been up for a short time on itunes. they put them up and now they're unavailable in a lot of different places. they were up for about an hour in the uk. one of our brilliant producers acted fast and got his download.

>> was it purely we're going to put it up to get around these copyright issues and take them down. >> here's what universal is telling us, they will be up for the foreseeable future. when or where? nobody knows. >> if you grab a check within the window of availability, you still have to pay all the other royalties that get attached to music. >> yes, exactly. >> it's a little bit of catch you on the back end there. >> it makes me wonder because that era was so rich with great music are we going to see more of these copyright protections? >> you don't know. you don't know. i would have to do my job and go back and see if there are more copyrights coming up to expiration and if so, we could see something like this. you are right. this is christmas comes early for beatle fans you can get these hands on these recordings. >> we've been trying all morning.

>> all night and all morning. >> i love the bob dylan one. the subtitle was copyright extension collection. >> want to make it clear what it is. >> that's right. it's to protect the copyright expiration. that was our must hear moment. now we have our must see moment. might try must taste moment. here is a dog that's not afraid to stand out from the pack. her canine buddies splish splash around. take a look. she's standing on her hind legs, trotting around. is there a way a dog doesn't know how to swim? >> apparently this dog does and loves the water. that's what the post on the youtube poster said. >> there you go. >> the other dogs are like, come on. >> she seems transfixed by something on side of pool.

>> there's probably a snack. >> what's going on? >> i still go with the hair salon. the dog was at the salon earlier. >> doesn't want to must up the do. >> i believe the dog is a robot. what's the main ingredient in tomato soup? >> answer it, dog. no? okay. >> must see moment. >> there you go. >> glad you stuck around for that, too. >> thanks for letting me. >> i feel like i'm part of the family. >> final thoughts? >> go ahead. coming up next on "new day," a federal judge slams the nsa's collection of phone records as likely unconstitutional but will the legal battle end up before the supreme court? that's also likely. we're talking to our legal experts about it. >> a high school senior suspended for one year for hugging his teacher. is the school going too far or is there more to the story? (vo) you are a business pro.

seeker of the sublime. you can separate runway ridiculousness... from fashion that flies off the shelves. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like a pro. and what would this pretty i'm thinking the ford fusion... ho, ho, ho!....the what? i need a car that's stylish and fashionable... especially in my line of work. now do you have a little lemonade stand? guys, i'm in fashion! but i also need amazing tech too... like active park assist... it practically parks itself. and what color would you like? i'll have my assistant send you over some swatches... oh... get a fusion with 0% financing for 60 months, plus $500

ford credit holiday bonus cash during the ford dream big sales event. if yand you're talking toevere rheuyour rheumatologistike me, about trying or adding a biologic. this is humira, adalimumab. this is humira working to help relieve my pain. this is humira helping me through the twists and turns. this is humira helping to protect my joints from further damage. doctors have been prescribing humira for over ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. for many adults, humira is proven to help relieve pain and stop further joint damage. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira , your doctor should test you for tb. ask your doctor if you live in or have been to a region

where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your doctor if humira can work for you. this is humira at work. because what you don't know, can hurt you.urance. what if you didn't know that posting your travel plans online may attract burglars? [woman] off to hawaii! what if you didn't know that as the price of gold rises, so should the coverage on your jewelry? [prospector] ahh! what if you didn't know that kitty litter can help you out of a slippery situation? the more you know, the better you can plan for what's ahead. talk to farmers and get smarter about your insurance. ♪ we are farmers bum - pa - dum, bum - bum - bum - bum♪

almost orwellian, a federal judge calls parts of the nsa spying program unconstitutional. angry tech leaders are meeting with the president. what changes could come and what could they mean for your security? breaking this morning, a stunning report, chinese hackers have broken into the agency in charge of overseeing u.s. elections. how did they do it and what's at risk. not again. another round of nasty weather hitting the east right now. overnight, snow sent a delta plane skidding off a runway. the question this morning, why so many storms so early? your "new day" starts right now. >> announcer: what you need to

know -- >> i was thinking that maybe she had a bad day or something. usually a hug would help a person in that case. >> announcer: what you just have to see. >> they're coming inside. i said oh, my god. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> that is a pretty storm. 7:00 in the east, tuesday, december 17th. for the first time, the nsa's domestic surveillance was challenged in open court and it took a hit. the federal judge said the program revealed by edward snowden is ly unconstitutional. the u.s. certainly isn't changing its position on snowden. jim sciutto is joining us this morning from our washington bureau to explain. jim, just one case, just one set of parties involved.

but the implications could be significant, yes? >> no question. here's what it is, the judge ordered the government to stop collecting data on the plaintiffs in this case, brought by a leeing conservative activist. however, for the rest of us he stayed his ruling to allow the government time to appeal noting, quote, the significant national security interest at stake in this case. that process could take six months. but he left no doubt as to what his legal thinking is in this case. he said that the founders, the author of the constitution, james madison would be aghast at its violation of americans' freedoms. six months after edward snowden revealed it to the world, a federal judge ruled the nsa program that sweeps up americans' phone call records is likely unconstitutional. the judge wrote, quote, i cannot imagine a more indiscriminate and arbitrary invasion than this systematic and high-tech collection and retention of personal data on virtually every citizen. snowden described it as a vindication of his hacking, saying i acted on my belief that

the nsa's mass surveillance program would not withstand a constitutional challenge. today a secret program authorized by a secret court was, when exposed to the light of day, found to violate americans' rights. snowden remains holed up in russia, avoiding charges in the u.s. of espionage. but a senior nsa official floated an unlikely solution on cbs "60 minutes" to get snowden back here. give him amnesty, an idea the white house quickly dismissed. >> he should be returned to the united states as soon as possible where he will be accorded full due process and protections in our system. that's our position and it has not changed. >> reporter: still, the court's decision is a body blow for the administration. snowden looking for another way out. this now in. he's written on open letter to the people of brazil if they offer him asylum. we have a translation of that letter. in it he writes until a country

grants me permanent political asylum, the u.s. government will continue to interfere with my ability to speak out. certainly the administration not giving up here. yes, it's a legal blow to them as well. and i think as our legal analyst jeffrey toobin noted, that judge, a george w. bush appointee, not a screaming liberal, chris and kate. >> sometimes politics and jurisprudence can run against each other. let's bring in jeffrey toobin. >> happen to have him right here. >> straight to the source. >> you're the senior legal analyst. it's good that you just appeared on our set. we know this is a limbed ruling. let's take a look speculatively at what this means you tested it in open court, as opposed to those closed fisa courts. what does this mean going forward. >> it's one judge. if this stands up, it will be a crippling blow to this whole program. the whole idea behind justifying this is all of us, we don't have a constitutional right to

privacy, to secrecy, in our phone messages -- in our phone calls, the numbers we dial and the durations of the call, which is what's searched here, that's not protected by the constitution. the supreme court has said that historically. judge leon, who decided this case yesterday, he said, yes, we do. that decision is obsolete. it doesn't reflect how people live on their phones the way we do now. if that holds up, the nsa will have to change the whole program. >> i think people would have guessed after the snowden release there would be legal challenges. does this ruling surprise you or did you think that was a long time coming? >> it does surprise me. judges historically have given a great deal of deference to the idea of national security. i don't think anyone doubts that terrorists use phones, terrorists use the internet. so the idea that the entire

program, which much of our national security is based on is unconstitutional is a step i'm surprised they took. this is a pretty impressive opinion. it is true that most of us think when we dial a phone number, that that's a private act. and apparently the judge agrees. >> if it does stand and this is illegal, edward snowden, theoretically did expose him an illegal act. could be a whistle-blower. change your opinion about him. >> it doesn't but this does vindicate him and his supporters a great deal, more than anything else that's happened as of yet. it's not up to those of us who have clearances to simply decide to throw out all the stuff to journalists. i don't think that's the way the system is supposed to work. >> there are other ways he could have done things, he could have

gone to congress or the inspector general. this is very much a vindication for snowden, for lynn greenwald, the people who supported him. eating crow is something i have done before and i expect i'll -- >> it works better with ketchup. >> yes, indeed. >> given the ruling, we know the tech executives are meeting with the president today. i'd like to be a fly on the wall. >> i think they're very much related. because you look at the pressures on the president right now. these tech executives don't like this program. they're consumers don't like that the companies are involved in sharing the data. there is a lot of pressure on president obama to make at least some changes in this program. but you know, national security -- >> there it is. >> those companies have enough of their own policies to look at also. the idea of looking at your personal information and doing things with it is not exactly a mystery. >> it takes two to tango. >> exactly. they have competing pressures on them but they'll be leaning on the president for changes and

this decision will certainly push in that direction as well. >> starting the legal conversation. that's for sure. >> in a way a lot of us are surprised by. >> it starts for many but it ends with jeffrey toobin. >> exactly, as they all do. last word. no authority. but last word. >> we like it. and with that we'll leave it there. jeffrey, great to see you. to the weather here we go again, another major winter storm. it's like ground hog day, one time after another. it's amazing. it set its sights on the northeast. it's covered parts of the midwest with snow and it's about to hit new york and new england. it's one of the worst decembers that we've seen in a very long time. what is going on? lids get back out to indra petersons to get a little idea of what we know. >> a lot snow action up in here. we're seeing the snow falling. it is unusual. we've seen seven. >>s of snow in new york city. the average you may ask? it should be two inches. 5 inches above. another 2 to 4 could still fall just today. and this is not an isolated event. looks like a huge chunk of the

country is dealing with all of the storm systems. overnight, snow, snow and more snow. after a weekend storm dropped as much as 16 inches of snow in maine, another round of wintry weather is on its way to wallop the northeast. making this the fifth blast of arctic chill this month. this latest round of brutal wintry weather caused this delta plaenl in wisconsin to skid off the runway monday night while taxiing at the dane county airport. delta saying snow along the runway is to blame. no injuries were reported. this new storm system started in the midwest and is bringing heavier snow to cities in the northeast like new york and boston. between 4 and 6 inches of snow in providence, boston and portland could likely cause significant travel delays. we're only halfway through december but already millions of people have been dealing with the deep freeze. duluth, minnesota, saw their longest cold stretch in december since 1972. and chicago's negative 6 degree day on december 10th ranks as

the coldest day in the windy city since the '70s. why all the frigid wintry weather cycles? the jet stream or river of air that acts as the dividing line between warm and cold air is farther south, meaning spilling colder air into parts of the u.s. this month, leaving millions to feel the effects of the big chill. y have to tell you, yes, we are expecting to see snow here in the northeast. let's take a look at the numbers and what we're looking for today. we've upped the ams since yesterday with the latest models. another 2 to 4 in new york city, boston, higher amounts. all depending on where the low forms overnight tonight. anywhere from 4 to 6 edges in through new england and exiting off by wednesday. the timing of it, you already know. it's the morning commute. tough commute out here this morning. the snow is falling. then it looks for places like boston, about 10 or 12 in the morning, you'll see that in the area. never a good thing for the

morning commute, especially since its staying here with the evening commute on top of it. tough day. >> indra petersons sitting out in the snow, interesting to note, one of the few people who say if she won the lottery would not quit her job. loves it so much, consider that today out in the cold. >> you see this? this is a smile, right. >> i thought they were frozen that way. anyway, i'm using you as a segue, indra. the jackpot stands at $586 million. everybody rushes out of the room. as you are well aware if no one wins tonight, the already massive jackpot goes even higher. let's bring in cnn's pamela brown stationed conveniently at a convenience store here in new york, poised to buy tickets for her greedy friends back at the office. >> that's right, chris. for you, chris and michaela, i'm already on it, don't worry. this is the first time you've been in this position, we're seeing a jackpot this

incredible, over $500 million, the week before christmas, that's only adding to the frenzy. as you point out, it's already at $586 million. it will likely continue to climb before tonight's drawing at 11:00 p.m. eastern time. lottery officials are telling us if no one wins tonight, which there's a good chance there won't be a winner tonight, the prize will swell to $800 million and possibly soar to $1 billion by christmas. right now, it's one of the biggest jackpots in 9 world and the fourth largest in u.s. history. and if no one wins tonight, it will likely surpass the largest pay outset in 2012 by over $100 million. mega millions lottery increased the rank of numbers back in october on the five balls from 56 to 75, dramatically decreasing your chances of winning. since then, there have been 21

consecutive drawings without a winner. because you're up against such tough odds. you basically have to have the winning number combo out of 259 million combinations. but to end on good news here, kate, even if there isn't a big winner with the mega bucks, at least a dozen people will win $1 million or more. there's still hope for us. >> you know the number is huge when you say a million bucks and you say, that doesn't sound like a lot of money. >> i know, right? it's all relative. >> it sure is. thank you so much. >> back to washington where the senate is expected to vote today on a compromise two-year budget deal. the measure which would prevent another government shutdown passed the house last week with overwhelming bipartisan support. support appears to be growing in the senate but it's not a done deal yet. why? you never count the votes. you never say it is done until it is done on capitol hill. jim acosta at the white house with more. >> they know that lesson all too well over here at the white

house. that vote is expected to pass the senate later today. a test vote, procedural vote that 60 votes is basically needed to get past but democrats up on capitol hill are confident they're going to get that support that they need from republicans. a handful of key republicans came forward yesterday. senator orrin hatch, johnny isakson and chambliss said they will vote yes to get this over the procedural hurdle, the test vote that is scheduled to happen today, final passage is expected to happen later on this week. they are going to get past at least this budget showdown that had been looming but don't think that the nation's capital is out of the fiscal showdown woods just yet, kate. keep in mind that next spring or early march, the debt creeling is expected to come up again, the nation is expected to hit the debt ceiling in march and house budget committee chairman paul ryan has said that they expect to use that debt ceiling deadline that is coming up in

march to extract concessions from the white house and democrats. jay carney said yesterday that the president's position has not changed. the president will not be negotiating over the debt ceiling. stay tuned for that battle to come. michaela? >> thank you. let's take a look at more of your headlines at this hour. north korea's political and military elite swearing loyalty to kim jong-un. his uncle was executed for treason. anna coren is following developments. >> reporter: this is always going to be a case of who's in and who's out. it was interesting to see that kim jong-un was flanked either side by the head of the military and also of the workers party, putting forward this united front. behind the scenes it's a

completely different story. there's a great deal of political instability, a power struggle is going on, even talks of an alleged coup which is why he had his uncle executed last week. this is a man who was second in command. it just goes to show no one is off limits, not even family members. people here in south korea and certainly in the united states are concerned that there will be further military provocations, that is something that we can expect in the next few months. now, on a different story, michaela, i want to bring to your attention former nabe star dennis rodman who claims to be a good friend of kim jong-un is making his way here to north korea. this will be his third visit. he's traveling with a documentary team and they're here to train up and coming north korean basketball players. now, he says this is not a political trip but you'd have to say, michaela, that the timing is certainly very interesting. >> unusual and curious duo. that's for sure.

anna, thank you for that report. the parents of colorado school gunman carl pierson are breaking their silence this morning saying they are devastated and are praying for 17-year-old claire davis and her family. davis is still in a coma in critical condition but she is stable. on friday, police say pierson went to arapahoe high school intent on harming the librarian who kicked him off of the debate team. george zimmerman, the artist, the man who shot and killed trayvon martin is selling a painting he painted on ebay. it's a blue american flag with the words god, one nation and with. three medical studies found taking multivitamins is essentially a waste of time and

money. vitamin speed limits do nothing to prevent heart disease, cancer or cognitive decline. thor than a third of american adults take multivitamins. you're simply better off eating a balanced, healthy diet. we'll continue to discuss this story later on our show. justin timberlake playing wing man at his concert sunday night in louisville, kentucky. joshua clemens took his girlfriend to watch the show. he told martin as she walked up, josh called me earlier. he has something he wants to tell you. clemens gets down on one knee, pops the question and boom, she said yes. >> to him or j.t.? >> cnn can foot confirm that. >> that's one way to make sure she doesn't say no. do it in front of all those screaming fans. >> and justin timberlake. >> congratulations. >> good for him. she's looking him right in the eye. that is her man. >> absolutely.

>> i like it. good stuff. coming up on "new day," listen to this, the federal watchdog keeping track of our elections was hacked by chinese hackers. why would that agency be a target and did this happen because of the shutdown? we'll explain. also ahead, a georgia high school senior has been suspended for hugging a teacher. the school says he violated sexual harassment rules. we'll hear both sides of this. waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members

can win a free night every day. only at hotels.com so when my moderate to severe chronic plaque psoriasis them. was also on display, i'd had it. i finally had a serious talk with my dermatologist. this time, he prescribed humira-adalimumab. humira helps to clear the surface of my skin by actually working inside my body. in clinical trials, most adults with moderate to severe plaque psoriasis

saw 75% skin clearance. and the majority of people were clear or almost clear in just 4 months. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. make the most of every moment. ask your dermatologist about humira, today. clearer skin is possible.

welcome back. there's a new report out this

morning that says chinese hackers attacked the federal election commission, the government's election watchdog. this happened while nobody was looking during the government shutdown. at tack game months after a warning from an independent auditor that the commission's information systems were at high risk. let's figure out why this happened, why it wasn't avoided and why it happened in the first plate place. we have a senior political reporter for the center of public integrity, mr. dave leventhal. let's start with the obvious question, why would hackers target the fec? >> hackers from china, in russia, syria, you name it are constantly targeting u.s. websites what happened here with the federal election commission which is the independent watchdog sponsored by the government to keep elections fair and free, effectively got hit about as hard as it ever has gotten hit. it came as the fec had

absolutely no regular employees actually serving at the agency because of the government shutdown. it was one of the agencies that actually went completely dark during the government shutdown, only had the commissioners themselves manning the doors, manning the systems. they are not i.t. experts by any stretch of the imagination. >> we'll get to the accountability aspect that we outlined in a second. why the fec? if you can hack all these different websites, it seems what could they get out of this? what do you think the point was, just to hack it? are they looking for certain information? is there something going on at the fec that we're not aware of. >> the fec exists for transparency, disclosure, all of the things you think are emblem att emblematic.

nobody in america could do it during that time. it was a huge black eye, not only for the agency but the country's government in general. >> still seems an odd target. let's go to the accountability aspect of this. so you get an independent auditor, you pay them theoretically with my money, your money, tax money, to assess the security. they say you're at risk and then you do nothing. you say you're okay and you get hacked anyway. where is the accountability. >> this audit was prophetic. it said everything that would happen with this hack was going to happen. just one example, there are passwords that haven't been changed on certain accounts at the fec since 1998. which is saying a mouthful when you all consider it. there are major issues that the fec has to grapple with. it speaks to a larger issue, chris. one problem we have in this

article that we enumerate in great detail is the fact that the government, congress, democrats and republicans both have let this agency almost rot from the inside out. staffing levels are down. funding levels are down. the fec has asked congress for more money that that money has not been forthcoming yet. whether you're a democrat or republican, you should be concerned about this. there's nothing more public in the united states of america than an election. and this agency that's been animated by congress to serve as a watchdog is a watchdog that's really suffering right now. >> let's put the watch on the watchdog. let me leave you with this before you leave us on "new day." let's name names. who can we chase down on this saying u dropped the ball. you're in charge of this subcommittee or whatever body it is that is supposed to oversee uned iffing of the fec. who should be blamed here? >> on the right you have a lot of republicans who are very adamant that the fec should not be a strong regulatory agency. you can believe that or not.

disagree with it or agree with it. that's definitely been the attitude that many republicans have taken. they want -- deregulatory environment here in the united states equating political activity and money to speech. but on the left, on the democratic side, you have the president who up until a couple of months ago he had not successfully named a single new commissioner to the fec. the agency had commissioners bleed and they were down to four members instead of six. there are four members who are serving in expired terms. the president has not appointed anyone to fill those terms, really is not paying attention to the agency and when we ask them a lot of questions about this agency, they had no comment. >> now we know the answer to the question how many fec commissioners does it take to change a pass word. the answer is five because there are only four right now. thanks for keeping them honest down there. >> thank you, chris. >> kate? coming up next on "new day," a crucial vote for the

compromised budget deal. is it a sure thing and what does it tell us about the battles ahead? we'll have that and more in our political gut check. also, a high school senior's hug lands him in hot water, suspended for a year for embracing a teacher. was there more to it? i know. great gas mileage, this is nice. and it's fun to drive. well you know that beats great mileage or being fun to drive. yeah, that'd be like someone being loud or clear.

we need to slap the slippery fish right in the gill hole! happy time feed bag! frog face! cement leg! that's weird. i like "and" better. yeah. "and" is better. the twenty fourteen ford edge. only ford gives you ecoboost fuel economy and a whole lot more. go further. ♪ [ male announcer ] bob's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen. smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. afghanistan in 2009. on the u.s.s. saratoga in 1982.

[ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve.

glad to have you with us on "new day." it is half past the hour. here's some of the stories making news. a big blow to the nsa, a federal judge ruling its collection of

domestic phone records is probably probably is probably unconstitutional. the secret snooping was exposed by edward snowden who called the ruling just the first of many. the administration says it stands by the program and is expected to appeal. bone chilling cold and more snow in the forecast for new york and new england today. boston could get half a foot of snow. a storm moving down from canada has already sent a chill through the midwest with temperatures bottoming out at 26 below zero in northern wisconsin. the head of the military's anti-sex abuse office is stepping down. this comes in the wake of allegations that army major general gary patton interfered with an investigation into patient abuse at a hospital in afghanistan. an army spokesperson says patton was formally admonished over those findings. also a pentagon study on sexual misconduct spiked by 33% from 2010 to 2012.

new york businessman jacob austriker is reportedly back in the u.s. that's what an unidentified state department official tells the associated press. family members in the u.s. apparently have not seen or heard from him since his return. he was detained more than two years ago without charge in a bolivian money laundering investigation. an olympic size wardrobe malfunction or fail. turns out the red, white and blue mittens the u.s. olympic committee is selling at the sochi winter games were made in china. says so right on the tag. yes. the usoc says the official mittens that the american athletes will wear during the opening ceremonies will indeed and are definitely made in the good old usa. >> every time i feel like we've got the same thing. >> it's amazing how much the wardrobe -- >> it's that hard to have things not made in china.

that's what it tells us. >> yes. let's move to our political gut check of the morning. the senate looking to clear the bipartisan budget compromise by a crucial test vote after several conservative republicans pledge support but republican leadership and tea party backed senators possibly looking to 2016. they're not going as far. do they have the votes they need? let's go to cnn's chief national correspondent john king to talk more about this. i mean, it looks like the support is lining up. it's not going to be as overwhelming as it was in the house, john. but it has made me wonder as we've been watching this. i feel like we're operating in an alternate universe where it's the house where normally the compromise bills have a struggle to get the votes, not in the senate. >> that's an interesting point. the house has been the scene, the cause of the government shutdown, the big debates over the debt ceiling more so in the house than the senate. you hit the nail on the head when you look at the battle ground in the next election.

lindsey graham, faces a tea party challenger. you have some republicans who say they have principled policy oppositions to this legislation but they also have interesting political environments back home. both sides even leadership sources close to mitch mcconnell who will vote no say the votes are there, though. both the procedural hurdle and the final passage. it will be interesting to watch, kate, you know this from the days on the hill, most democrats might vote for this. watch to see if all the votes are there, in one or two libe l liberals decide to vote no, once they knee it's safe, they'll go to the leadership and say, i need to make a point here. >> it's not looking great for democrats. it seems like they have ground to make up on a couple of key questions san who handles --

who's seens ahandling the country's main problems better. obama lost his 15-point advantage from a year ago. on the question of the economy which is so key in any election, the -- he's also lost his lead there. there is some problem for democrats and maybe that speaks to some of why of the more liberal numbers. they want to make a point if they can. >> this post-abc poll is an exclamation point. the president is at the lowest point of his presidency in terms of his job approval rating, his trustworthiness and honesty. if you have a democratic president, the president who believes in using the power of the people. this emboldens the republicans. this is one of the reasons, kate, republicans don't want to fight about this budget fight. they want to get it over with so they can focus on obamacare and the president. as we close this year, legislatively, the president was

essentially 0 for 2013. he got none of his major priorities passed. he was at a low point. he ramps up now for the state of the union address. can he somehow change this dynamic, this say tougher year because of the election year when democrats are nervous to get anything done. >> who's standing up and saying -- there are plenty of people looking to disagree. why isn't anyone standing up saying why are we cutting veterans benefits? >> listen to the senate. you'll hear people who vote no, lindsey graham, that's why he has to vote no, he's a member of the reserves, served in the military a long time. his state has a lot of military retirees and bases. that's why he's voting no. some will say he has a tea party challenge back home. a lot of the liberal democrats will say i'll hold my nose and vote yes. they don't like that they will get extended unemployment benefits. a lot of people complaining but then most of them voting yes.

>> john, i just want to get your take. we've been talking about the legal ramifications and the legal fallout from the federal judge's ruling that the nsa program on tracking phones is likely unconstitutional. but is there a clear political fallout to this yet? >> it's just tough for the president. he's going to have a who's who of the technology industry over at the white house today. many of the content providers there. the ceo of yahoo! google, they want to say mr. president, we've been cooperating with the government and ware not sure the nsa is keeping its word. we're not sure they're treating this information as sensitively as they promised us they'd treat it. number to, because of the federal judge's ruling, now the president has to defend the policy in court. even though he's studying it and may propose some reforms and changes, he's in court defending it. this will make its way to the supreme court, no doubt about it. they have to go to court and defend it and look at the reaction from the critics of this, both democrats and republicans, liberals and

libertarians on capitol hill saying, see, we told you so, we want changes. it emboldens them. >> hasn't sparked a legal debate but clearly sparking a political debate as well. >> thanks, john. >> this is with us into next year and 2015 and beyond. coming up on "new day," a hug derails a high schoolers college plans. what a headline. but is it a false headline? when is an innocent hug not so innocent? we have new information you'll want to hear, ahead. also, caught on tape, one man's incredible reflexes and qui thinking saves a baby from a nasty fall. ♪ catch me now i'm falling [ female announcer ] it's time for the annual shareholders meeting. ♪

there'll be the usual presentations on research. and development. some new members of the team will be introduced. the chairman emeritus will distribute his usual wisdom. and you? well, you're the chief life officer. you just need the right professional to help you take charge. ♪ you give them the giggles. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®. we chip away.

with an available ecodiesel engine... and a best-in-class 30 mpg highway and 730-mile driving range... for all the times you dreamed of running away from home -- now you can. with enough fuel to get back. this is the new 2014 jeep grand cherokee. it is the best of what we're made of. well-qualified lessees can lease the 2014 grand cherokee laredo 4x4 for $359 a month.

♪ catch me i'm falling the song is okay because it's a happy ending. i know you're in a rush. a father sits his baby boy down on a luggage counter. i know you're not supposed to do it. i know that's wrong. the kid leans forward and falls but this is why you don't have to judge. look at that, a quick thinking security officer, that's the white blob you see, cashes the baby before the baby hits the ground. amazing dedication to the catch. we know you again. there is the neglectful father,

the baby falls, the father putting on his coit, there it is! there it is, amazing catch by the officer. given a bonus for his action. they did the right thing there in poland. the father is of course all upset about it. he didn't mean for that to happen. he wasn't really thinking. he's tired. he's at the airport. but the amazing dedication to the catch by the security guard. not just reaching, just lunging but getting down with the knees and getting himself on to the ground, saving the baby. amazing. >> your dedication to describing that video -- >> that was well done, i must say. >> that was really great. >> he must have seen it coming. that kid, that kid, that kid -- >> what do you think the next thing is he did? look for his wife. he knew the pain was coming his way, no question about it. the baby is safe. that's all that matters. >> let's talk about the weather

again. out in the thick of it, indra petersons. >> we're talking about snow here into the northeast. especially for your morning commute which we know is the toughest time out here. we are not the only ones. let's take a look at the radar, see where the system is today. south of boston, they're looking for it later this morning. around the lakes we have an alberta clipper, expecting to bring them light snow, chicago even dealing with it as well. the bigger system here into the northeast, we're talking about anywhere from 2 to 4 edges now, places like boston, yes, it's later in the day, new york city also looking for 2 to 4 inches but the higher amounts, we'll really be looking for those farther into new england as the system strengthens overnight. temperaturewise, we know, it's cold. let's take a look at the rest of the country, though, notice the tail end of the system, there's a cold front. that could start to affect the southeast even though it's beautiful, your temperatures have been above normal. that will change a behind as that cold front goes through places like atlanta overnight tonight.

not going to be a big deal. we'll have a pattern shift, a flip-flop. yes, enjoy it. warm in the southeast, coal in the northeast. by the end of the workweek, what goes west comes east. we warm up, it looks better here. notice another system building out west which means that will come our way by the weekend as well. storm after storm, this trend is still continuing, guys. >> sure seems like it. it seems to always hit us on the weekend, doesn't it? >> i don't know why. we have a story now, you'll have to listen to this. there are two sides at play. apparently a georgia high school senior will not be able to graduate this year because of a hug. all right in the student says he thought his teacher could use some cheering up. so he gave her a hug. the teacher says it made her uncomfortable. the result, a suspension and it has put the student's future at risk. kelly wallace is following this story. on the face of it, kelly, this is pc gone crazy.

how could you punish a kid for a hug? >> i know. >> but do i know exactly what i'm talking about? >> you do, of course but there's a lot more here. right, first the georgia high school senior says he's a hugger. he comes from a family of huggers. after what he says was an innocent hug, he is suspended from his school for one full year and now his college future is in jeopardy. surveillance footage from duluth high school shows sam mcnair, a senior, placing his arms around a teacher. after that seemingly innocuous act he was suspended for one year for sexual harassment. ruining his chance at a lacrosse scholarship. >> it just threw everything off. without a high school dip loam many a -- diploma and graduating on time, i wouldn't be able to receive the scholarship. >> watch closely. she pushes him and he walks away. >> i was thinking that maybe she had a bad day or something. but usually a hug would help a person in that case.

i mean, she took it the other way. >> according to the discipline report obtained by our affiliate wgcl, the teacher claims sam's lips and cheeks touched her neck. she claims she's warned him before, both things the student denies. he does admit to hugging this teacher in the past but says he's never received any warnings. a representative of duluth high school says, this is a discipline issue. and that if a parent has concerns about the outcome of a panel, he or she is entitled to appeal the decision. >> just blindside us like this and say sexual harassment and the video doesn't show that. it's just a little bit unfair for the punishment that he's received. >> a school district spokesperson tells cnn that hearing officers take into account a student's past discipline history including any long-term suspensions when considering consequences. sam mcnair says he does have a discipline record and has been

suspended before but nothing for sexual harassment. >> it seems like -- it seems like a year is pretty extreme punishment. >> i think the general sentiment and we've been looking at what people are saying online, people do feel it is an extreme -- >> do they know about what the teacher said in the past? it made me feel differently about the situation. 23 you come up and hug somebody and you get suspended, that's silly and extreme, right? let alone something that jeopardizes your future. when you hear that a teacher toll the kid don't do this to me, i think it's inappropriate and they do it again, if that's true -- >> right. that's the key. >> but the teacher says -- >> can you assume the teacher is lying. >> you're going to assume the kid's lying. >> you have to believe the teacher. >> i think the mom raises a good point. she was never told that his hugging was an issue. >> that's important. >> it is important. her feeling and she's going to appeal this decision is that the school should have come to her if this was an issue. >> yes. >> they could discuss it as a family and take action. >> fair complaint. >> as opposed to the punishment

being a year-long suspension. >> for a nonviolent offense. >> people will say with all the incidences of violence in our schools right now, the kid will have his life derailed potentially because of a hug, a sign of love? >> i know. >> that is not going to sit well with people. >> it is not. people are saying a hug is a hug. what's our world coming to? this also does get into, we talked about this many times before. >> a kindergartener kissed his little girlfriend and got suspended. >> the mother popped up and said i didn't want this kid kissing my kid. that comes up, too. >> the schools sometimes what it seems to be a strict adherence to its policy. versus dealing with situations. >> they need to deal with situations. >> i think you have schools where they feel like they have to take things like sexual harassment very seriously.

>> which they do. >> which they do. at the same time -- >> is it sexual harassment. >> are they doing enough to educate students and parents about what's appropriate and not appropriate. >> hopefully if they're going to jam it would be great. i hope all the way down the line they're consistent. otherwise they're punishing the kid really extremely. what do you think? this is obviously food for discussion. go to cnn.com/kellywallace. you can find kelly's reports there and tweet us with the #newday. tell us what you think. coming up on the show, mega millions frenzy in full swing. $586 million up for grabs tonight. what if no one wins? you know what happens. the jackpot goes higher. how high? we'll tell you. enduring some of the most brutal weather and terrain, trying to break a world record. and he is just 19 years old. we talk with a young explorer, as he journeys to the south pole.

this is the quicksilver cash back card from capital one. it's not the "limit the cash i earn every month" card. it's not the "i only earn decent rewards at the gas station" card. it's the no-games, no-signing up, everyday-rewarding, kung-fu-fighting, silver-lightning-in-a-bottle, bringing-home-the-bacon cash back card. this is the quicksilver card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every single day.

so ask yourself, what's in your wallet? millions have evraised their handingle day. for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. avoid if you take clopidogrel.

for many, relief is at hand. ask your doctor about nexium.

now to a remarkable story. at just 19 years old, folks, taking on the south pole. leading the expedition, trying -- skiing from the antarctic coast to the south pole, subzero temperatures in some of the harshest conditions. i spoke to parker about his journey. of course, i had to ask him how

much he has left to go. >> we have about 149 miles to go. if we could average around 16 miles a day for the next 10 days -- >> let's give people the kind of conditions you're up against, which will also help explain why you're so covered up that we can't see your face. what are the conditions you're facing right now? >> today is fairly mild. it's probably minus 15 or so. no wind. i do see a little bit of whiteout. a couple of days ago we had windchill of minus 40 degrees, 40-mile-an-hour winds. it gets pretty brutal here. >> you're 19 years old. by 18, you had three sped igs to the north pole under your belt.

what is driving you? where does this passion come from, parker? >> it's been a progression. this year, two main goals. contribute to a better understanding of the climate system, couple of different research projects which we already undertook before the expedition. and the other is really to keep the dialogue of climate change and improve the general public understanding of the science behind it to lead to better foreign policy. >> taking a moment to speak to us, puts any complaints about the cold weather here in the northeast into some serious perspective. we'll be following your progress and good luck. >> thank you very much. >> you can go to

willisresilience.com. >> how do you know that's what he said? >> you have a very keen ear. >> i also know that was his website. anti-bacterial soap. got gallons of it in my house because it helps, right? a new report says it could be doing harm. what? we'll explain. people don't have to think about where their electricity comes from. they flip the switch-- and the light comes on. it's our job to make sure that it does. using natural gas this power plant can produce enough energy for about 600,000 homes. generating electricity that's cleaner and reliable, with fewer emissions--

it matters. ♪ ♪ ♪ [ male announcer ] own your obsession with the exceptional values during the season of audi. visit audioffers.com today. ♪ a man who doesn't stand still. but jim has afib, atrial fibrillation -- an irregular heartbeat, not caused by a heart valve problem. that puts jim at a greater risk of stroke. for years, jim's medicine tied him to a monthly trip to the clinic to get his blood tested. but now, with once-a-day xarelto®, jim's on the move.

jim's doctor recommended xarelto®. like warfarin, xarelto® is proven effective to reduce afib-related stroke risk. but xarelto® is the first and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem. that doesn't require routine blood monitoring. so jim's not tied to that monitoring routine. [ gps ] proceed to the designated route. not today. [ male announcer ] for patients currently well managed on warfarin, there is limited information on how xarelto® and warfarin compare in reducing the risk of stroke. xarelto® is just one pill a day taken with the evening meal. plus, with no known dietary restrictions, jim can eat the healthy foods he likes. do not stop taking xarelto®, rivaroxaban, without talking to the doctor who prescribes it as this may increase the risk of having a stroke. get help right away if you develop any symptoms like bleeding, unusual bruising, or tingling. you may have a higher risk of bleeding if you take xarelto® with aspirin products, nsaids or blood thinners. talk to your doctor before taking xarelto® if you have abnormal bleeding.

xarelto® can cause bleeding, which can be serious, and rarely may lead to death. you are likely to bruise more easily on xarelto® and it may take longer for bleeding to stop. tell your doctors you are taking xarelto® before any planned medical or dental procedures. before starting xarelto®, tell your doctor about any conditions such as kidney, liver, or bleeding problems. xarelto® is not for patients with artificial heart valves. jim changed his routine. ask your doctor about xarelto®. once a day xarelto® means no regular blood monitoring -- no known dietary restrictions. for more information and savings options, call 1-888-xarelto or visit goxarelto.com.

unconstitutional. a judge takes on key points of the nsa spying program, saying they had no right to record your phone calls. will it survive the challenge? one of the largest jackpots ever could be handed out tonight. $586 million. could it reach $1 billion by christmas? multivitamins are not helping and may even be doing harm says new studies. so should you stop taking them? your "new day" continues right now. good morning. welcome back to "new day." it's tuesday, december 17th, 8:00 in the east. we begin this hour with the future of the nsa spying program hanging in the balance.

a federal judge calling the collection of domestic phone records likely unconstitutional. this, as tech heavyweights are meeting face to face with president obama today, some of them already slamming the surveillance program. jim sciutto has much more from washington. good morning, jim. >> reporter: kate, those tech heavies likely to be cheering this decision, estimating their losses at $35 billion. this court decision, first successful legal challenge of the nsa's surveillance program, judge scathing in his criticism calling it almost orwellian and adding that the author of the constitution, james madison, would have been aghast at its violation of americans' freedom. six months after edward snowden revealed it to the world, a federal judge decided that the nsa program is likely

unconstitutional. systematic and high-tech collection and retention of personal data on virtually every citizen. snowden described it as a vindication of his hacking, saying i acted on my belief that the nsa's mass surveillance program would not withstand a constitutional challenge. today, a secret program authorized by a secret court was, when expose d to the light of day, found to violate americans' rights. snowden remains holed up in russia, avoiding charges in the u.s. of espionage. floating an unlikely solution on cbs's "60 minutes" to get snowden back here, give him amnesty. an idea the white house quickly dismissed. >> he should be returned to the white house where he will be afforded full due process in our system. that has not changed. >> reporter: a body blow for the administration. >> it is just an absolutely scathing rejection of the nsa

program that the government has defended so strongly. it is worth noting that the judge was a george w. bush appointee, someone who had worked for republicans in congress. hardly a screaming liberal. >> reporter: the judge has ordered the government to stop collecting data on the plaintiffs in this case, brought by a leading conservative activist. for the rest of us, he stayed his ruling to allow the government time to appeal, noting that national security interests are at stake in this process. that could take as much as six months. this might have to go all the way to the supreme court before we get a final answer. >> that's where you get one. that's for sure. jim, thank you for that. we have our eyes on the building positioned over your handsome left shoulder. we will have a budget. is that the dream? of course it is. why? so services can be funded, government can function. a key vote comes to help break a republican filibuster. will progress be had?

that's the question. dana bash joins us from capitol hill, crunching the numbers. what do you think, dana, what are the chances? >> reporter: sources say pretty good. that it will pass this procedural hurdle. based on the fact that we have a pretty significant number of republicans who say that they will vote yes. voting yes, despite the fact that you have conservative grassroots groups saying this doesn't do enough to attack the debt and deficit and you have military retiree families saying this is really going to hurt them because there are cuts for those benefits. what does this mean on the democratic side? democratic sources say they feel confident if they need all 55 democrats, they would get them. if there's enough cushion from those republican yeses, you'll probably see some of the liberal drts like elizabeth warren in massachusetts vote no if they can because they're upset that this doesn't do enough to deal with unemployment benefits. 1.3 million people will lose

those benefits. this does nothing to address that. big picture, this whole issue is turned on its head. very same budget deal that passed the house. saled through the house, republican-led house and now it's having trouble in the senate. usually it's the other way around. in large part because of the pressure on senate conservatives, the number one republican in the senate, mitch mcconnell. the number two republican in the senate, jon cornyn. they'll probably vote no on this. it is because they have primarily challenges from the right. conservatives saying this simply doesn't go far enough. they're not happy about it. it's the same with other republicans who are sitting on their hands saying not going to for this even though, again, it passed in a bipartisan way, s e sailed through the house of. have you bought your mega

millions ticket yet? no one has gotten a perfect match in 21 drawings. if the trend continues, it's possible that the jackpot could hit a record $1 billion by christmas. it is hard to believe. at a convenience store here in new york, what are people saying this morning? >> reporter: a lot of people are lined up to buy their tickets here, kate. you can definitely feel the energy and excitement about this jackpot. the fact that we're already at over half a billion dollars just a week out from christmas is only adding to the frenzy here. we're also learning that the jackpot could go up by tonight's drawing at 11:00 pm eastern time. and if there isn't a winner tonight, then we might even break u.s. jackpot records. it's beginning to look a lot like a very green christmas for one soon to be jolly american. the epic mega million jk pot is at a whopping $586 million and climbing. >> we have never been in this

position to have a jackpot this tremendous, over half a billimi dollars already a week before christmas. >> reporter: how massive could it get? officials say if there's no winner in this drawing, the prize would swell to $800 million and possibly a billion by christmas, causing a very festive frenzy for what could end up becoming the largest lotto in mega millions history. >> lottery tickets make great gifts. people are thinking about gift giving. >> reporter: one of the biggest jackpots in the world right now and the fourth largest in u.s. history. if no one wins tonight, it will likely surpass the largest u.s. payout set in march 2012 by over 100 million. >> winning the mega millions is akin to getting struck by lightning at the same time you're being eaten by a shark. it's pretty wild how long the odds are. >> reporter: in october, increasing the range of numbers

you can get on the five balls from 56 to 75, dramatically decreasing your chances of winning. since then, there have been 21 consecutive drawings without a winner. since you're up against the worst odds of any u.s. lottery. to clinch the jackpot, you'll have to strike the winning number combo out of an incredible 259 million combinations. lottery official says by the next drawing, 75% of possible combinations will likely be sold, but it's still no guarantee that someone will win the mega bucks. and if you don't win the big jackpot, important to still check your ticket. that's because dozens or more could win $1 million or more. by the way, chris, kate, and michaela, $100 million goes unclaimed every year, more than what the jackpot is right now. unbelievable. >> they should be watching the show, then, because we're going to help them out. >> reporter: that's right.

>> thank you very much, pamela. bring our tickets back. let's take a look at your headlines at nine minutes after the hour. parents of colorado gunman carl pearson are speaking out, saying they are praying for high school student claire davis, still in a coma in critical condition, but is stable. friday pearson went to arapahoe high school with the intent of harming the libraryian who kicked him off the debate team and hit davis and then turned the gun on himself. 100 people have been forced to leave their homes and 15 homes have been reduced to ashes, including one owned by the big sur fire chief. 100 acres have been blackened. firefighters are hoping to contain the flames in the next couple of days. three former penn state administrators accused of a cover-up in the jerry sandusky scandal have a hearing today.

facing multiple charges including perjury and failing to report child sexual abuse. sandusky, former penn state football coach, is serving a 30 to 60-year sentence for sexually abusing young boys. a cardinal has been replaced on a powerful vatican committee. pope francis took cardinal raymond burr off the congregation of bishops, outspoken critic of abortion and same-sex marriage. the pope has been trying to shift focus off those issues to make the church more inclusive. quite a scare from three bears. made it through her screened-in porch, all the way up to her sliding glass door. this is like the fairy tale, isn't it? three bears. they took an hour-long dip in her pool and then ran away. the wildlife conservation is

deciding whether to set traps. >> that's not fairy tale if that's your pool. >> but it's like the modern version of it, three bears come to your house, take an hour-long dip in the pool. >> i can't quite reach my paw. >> all the cold going on because of yet another storm already dumped half a foot of snow in parts of the midwest. coming to the northeast, doing some damage to us. the latest in a series of storm that is have left much of the country blanketed in white this december. outside in the cold, where better to find indra petersons outside the studio? at least it's bright now. >> reporter: right. it's actually stopped for a little bit. it's not that bad right this second. we're talking about fairy tales. we had to pan out. we were talking about the lotto. if you're doing a group pool, don't forget my name just because i'm out here. okay. now let's talk about the actual storm. system producing light showers

and snow showers around chicago this morning. also little clippers around the lakes and ohio valleys, and northern portion of the ohio valley could see an inch or two today. and the bigger system that we're looking at as a low is forming off the coast, producing heavier amounts of snow. potentially anywhere from two to four inches around new york city, boston. farther up the coastline, though, we could be talking about those heavier amounts. especially if that low forms right along that coastline. you get that extra moisture. as much as eight inches, if not more, especially through new england. temperatures pretty obvious, right? it's snowy and cold. it will stay that way the next several days. that's not the case everywhere. look at the rest of the country, you see a little bit of a cold front making its way through. the southeast, you've been above normal. you'll see a little bit of a hint of a change. temperatures may go down for like a day here, and very slight as that front from our system does kick through in your region. what goes up must come down. you're warm. you're enjoying it. this pattern will shift. temperatures in the northeast will warm up by the end of the

week and anyone else that is cool will go back down. temperatures flip flopg. notice that means the system could be here again this weekend. more snow. >> at least it's beautiful -- it really is a beautiful scene behind you, although it's probably not fun to be out there right now. >> kate, did you answer the lotto question? >> the lotto question? >> yeah. do you have a pool, is my name on it? >> you're name is on it. >> reporter: just want to make sure that everyone hears that. >> indra is not hearing pony up the cash portion. >> you got me, chris. you're fine. >> getting the all-clear after a frightening bomb scare, the latest in a series of threats against schools, leaving a lot of parents wondering if their children are becoming targets now. we hear it all the time. we tell our kids and ourselves, wash your hands. could the soap you're using actually be doing more harm than good? starting new report, but we'll take you through it. and ah,

so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier.

celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion.

no, i'm good. ♪ [ male announcer ] every time you say no to a cigarette, you celebrate a little win. nicorette mini delivers fast craving relief in just 3 minutes. double your chances of quitting with nicorette mini. in just 3 minutes. waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

welcome back to "new day." the fda says there's no evidence that anti-bacterial soaps work better than old-fashioned soap and water, but there is evidence that the products could actually be doing some harm. live at the cnn center with more. this definitely demands further explanation, elizabeth. >> that's right, kate. so many of us go to the supermarket. you see the labels and you think

you're buying something that will make you healthier. the fda says think again. anti-bacterial soap with his killer claims. it may become a thing of the past. anti-bacterial soaps may actually be hashlful, posing health risks such as bacterial resistance or hormonal. >> triclosan may have some effects on the hormone system that could affect developing bodies like in children and infants. why are we putting this potentially harmful chemical in our homes? >> reporter: that's right, the fda says there's no evidence that anti-bacterial soaps prevent illness any better than plain old soap and water. the agency has put this demand on soap manufacturers. prove that your anti-bacterial products are safe and better than regular soap.

if you can't, scrub off those claims. soap manufacturers say they're up to the task. >> manufacturers have presented such data in the past and with this new proposed rule that's out will have another opportunity to present newer research that shows, again, a germ-killing benefit of anti-bacterial soap and data that does show that these soaps are safe. >> now the companies have a year to make their arguments to the fda. so none of this is going to be happening any time soon. chris? >> all right. elizabeth, we'll be watching that, especially in my house. want to tell you about another story now. an uneasy calm at harvard this morning after bomb threats monday that locked down four buildings and shut down finals. police say good news, no explosives were found. this apparent hoax is taken very seriously. unfortunately it's just the latest in a list of schools

nationwide. alexandra field is in cambridge, massachusetts, tracking the situation. what do we know? >> this campus was covered by canine units, bomb squad, local state and federal authorities. all-out response like that can be unnving for students. it is something we are all getting used to seeing. we've seen similar scenes play out on three other college campuses since just last month. technical teams fanning out on harvard university's prestigious campus, america's oldest college now in a new group, schools plagued by violence or, in this case, just the threat of it. >> i'm from boston. with everything that's happened in the past year, it definitely did remind me a little bit of april and what had happened. >> reporter: an apparent hoax had thousands of students on alert. harvard's fabled yard locked down. four buildings evacuated following a report of explosives on campus. some final exams were canceled

or postponed. six hours of searching turned up nothing, prompting investigators to give the all-clear. school officials say the threat was made by e-mail. a suspect has not been named but the sender could face a slue of charge. >> a kid trying to get out of a final exam might call in some kind of a bogus threat and they would get a slap on the wrist. given the threat of terrorism in the united states, these threats are taken very seriously. >> reporter: a similar scare monday at umass boston where a false report of a gunman on campus prompted officials to evacuate a building. these incidents just the latest on what seems like a series of threats on high school and college campuses, leaving administration officials and students on high alert, fearing their schools are becoming targets. >> everyone is on edge because it's happening at a more frequent rate than we ever anticipated. >> reporter: last week, police responded to reports of a gunman at american university in washington. the school was placed on

lockdown and students were urged to take shelter. the suspected gunman turned out to be an off-duty officer. last month, yale university was locked down for nearly six hours after officials received a tip that an armed man was coming to shoot up the campus. that phone call turned out to be a hoax. and the student at central connecticut state university was arrested last month while wearing a halloween costume. his air gun was mistaken for a real gun, prompting a campus lockdown and massive response from police. >> years ago, you come on to the college campus, you did feel more safe. now you have to prepare to shelter in place and you have to prepare for a gnman to come into the classroom or school building. >> today, harvard officials are trying to reassure students of their safety. they put out a statement letting the community know there are no continued or specific threats to the campus. and, kate, exams are back on as planned today. >> good to know. alexandra, thank you so much for

the update on that. we all know that infamous carnival cruise ship, the triumph, that left thousands of passengers stranded at sea. exclusive reporting. did the cruise line know of the problems it was facing in advance? smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq.

all right. it is time for the five things you need to know for your "new day." more snow is coming in the northeast. this ever-snowy december. as much as nine inches could fall in maine. a federal judge calling the nsa's domestic phone

surveillance operation unconstitutional and almost orwellian. the spying can continue no for now, the judge giving the government time to mountain appe appeal. two-year spending plan will be brought to a final vote. overnight 59 rare beatles recordings were released to prevent copyrights from expiring. on itunes in certain countries only for a brief time. number five, mega millions. someone could get rich beyond their wildest dreams tonight. mega millions jackpot, $586 million. if no one wins, the jackpot possibly hitting $1 billion by christmas. i didn't do the dr. evil pinky thing. always update those five things to know. go to newday.cnn.com.

chris? carnival triumph, they drift for the record days in the gulf of mexico after an engine fire knocked out power. no air. no lights. most notably and painfully memorable for those on board, no toilets. now cnn has learned the cruise set sail despite knowing there were serious safety concerns. drew griffin joins us with this morning's exclusive on this. drew, what do we know? >> good morning, chris. when the triumph left galveston, texas, not only were they dealing with that potential fire hazard it was trying to solve but one in possibly two of the six generators were not operational. passengers of that ill-fated trip are now suing, saying that ship should have never left port. >> this was supposed to be the fun ship. and we were basically having to fend for ourselves. >> reporter: tina and her

daughter, isabelle, planned this cruise for half a year. they would sail on the triumph and celebrate isabelle's birthday. it was the trip of a lifetime until they awoke to a fire alarm, smoke in the hallway and todays and days of misery. human waste was piling up just outside their door. >> just on our deck alone, there were the biohazard bags lined up across the floor. we're talking about raw sewage at just the end of our deck alone. it was -- >> really? >> it was repulsive. >> it was, according to rodriguez, a nightmare. now made even worse because of these. the cruise line's own reports, inspections and maintenance records detailed the problem that had been developing on board the carnival triumph more than a year before rodriguez and her daughter were on board. houston attorney frank spagnoletti obtained the documents in his lawsuit against

carnival. >> that ship should have never set sail in february. it was unsea worthy at the convention of the voyage. these documents tell you that the company -- and i'm saying to you the corporation back in miami -- had knowledge of the fact that this vessel had a propensity for fires, that there were things that could have been, should have been and weren't done in order to make sure that fires didn't take place. >> reporter: the first trouble with triumph, diesel generator number six that caught fire. it was overdue for maintenance, out of compliance with the safety laws of the sea, known as solace, according to the ship's own engineer. over and over again, carnival's own maintenance reports say the same thing. diesel generator number six, overdue for maintenance. and during that same time period, carnival learned about another, even more alarming safety problem in the engine room. fuel lines. a dangerous pattern of leaks

that emerged on other carnival cruise ships. allegra caught fire because fuel leaked on to a hot spot and ignited. it would be the ultimate foreshadowing. consider this. carnival's own investigation shows the fire on board the costa allegra, eerily similar to what would start the fire on triumph one year later. carnival says it began investigating and found a problem in a different type of fuel line. there had been nine -- that's right, nine incidents resulting in fuel leaks associated with flexible fuel lines in just two years. on january 2nd, carnival issues a compliance order, giving ships two months to address the problem, to ensure a suitable spray shield is installed for all diesel engines, using the flexible fuel lines. mark jackson is carnival's chief

engineer. >> after that internal study, the company came out with a new policy to, again, shield all of the flanges and the hoses that were below the deck plates. >> but you didn't shield the one hose that wound up causing this tragedy. >> that hose was beneath the deck plates and it was believed that the deck plates would act as that shield. in this case, it found that gap in the bilge plates and caused that fire. >> on february 7th with the diesel generator still in need of overhaul and shields on some but not all its flexible hoses, triumph set sail from galveston, texas. >> we were in total compliance with the rules and regulations, had our regulating bodies on board the vessel less than two weeks before, that it

certificated the ship sa certif the ship safe to sail. >> obviously, you learn things. >> reporter: fire breaks out in diesel generator number six when fuel sprays from a flexible fuel line, a line that was less than six months old. guys, the company insists what happened on carnival triumph was just an accident that couldn't be avoided and this lawsuit is, therefore, frivolous. carnival is undergoing a $300 million fleet-wide upgrade focused specifically on the preventing the type of fire that crippled the triumph earlier this year. as for the passengers of that cruise line that are suing, listen to this, chris and kate. carnival's attorneys are telling those passengers to read the fine print of their ticket which says the cruise line never guaranteed you a safe trip, sea worthy vessel or even sanitary conditions. chris, kate, back to you. >> yikes. >> it's like reading the back of

a plane ticket. >> fine print can get you, drew. that's why we need reporters like you, and down with the lawyers. >> thanks, drew. >> boy, oh, boy. coming up next on "new day," helping or hurting? those multivitamins that pretty much everyone takes to stay healthy, do they really work? starting new information that you'll want to hear. hi honey, did you get the toaster cozy? yep. got all the cozies. [ grandma ] with new fedex one rate, i could fill a box and ship it for one flat rate. so i knit until it was full. you'd be crazy not to. is that nana? [ male announcer ] fedex one rate. simple, flat rate shipping with the reliability of fedex. [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. heartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums!

heartburn relief that neutralizes acid on contact life with crohn's disease ois a daily game of "what if's". what if my abdominal pain and cramps come back? what if the plane gets delayed?

what if i can't hide my symptoms? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need, talk to your doctor and visit crohnsandcolitisinfo.com to get your complimentary q&a book, with information from experts on your condition.

oh, this is going to be good. welcome back. you think that multivitamin that you're popping is improving your health, you'll want to hear that. new research suggests that

multivitamins are a waste of money. should we stop taking them all together? clinical assistant professor of medicine at nyu medical center joins us now. good morning. >> good morning. >> what exactly did this study find? >> three studies were reported in this week's a informnnals of internal medicine. what role, if any, do multivitamins and different vitamin supplements play in either the prevention of progression or occurrence of chronic disease. there was another study that looked at do these vitamins help with cognitive decline in men over the age of 65 and secondary prevention. so people who previously had had a heart attack, does taking a high-dose multivitamin prevent second events? >> and the finding said? >> 50% of participants dropped out. there was no seeming benefit. cognitive study, again, no significant benefit in men over the age of 65 when they took a multivitamin for 12 years.

the population studied were physicians. people made the argument that that was not maybe reflective of the general population. probably the most important study and the one we'll be talking about for a few days or weeks to come was the first one, analysis of almost 30 studies that looked at what role, if any, does a multivitamin or supplement have in preventing all-caused mortality, cardiovascular disease or cancer and what they found was that it did not. this is also in nutritionally healthy people. that's the thing to remember. >> okay. so healthy people who are thinking that taking their multivitamin are sitting at home, just about to put the pill in their mouth, should they stop, talk to their doctor? >> this editorial goes so far. most supplements do not prevent chronic disease or death. and they should be avoided. >> yeah. >> they're saying stop using them. >> these were researchers,

epidemiologists, these are smart people analyzing this data. >> what do you make of this? >> do you know how difficult it would be to analyze separately 30 different studies and tease out all these things? this is what these researchers are doing for us. they are looking at the statistics. they are looking at the results they have concluded that if you are otherwise a healthy person -- we can talk about subjectively what that might mean -- that taking a multivitamin is absolutely useless. >> okay. >> the general public can choose to believe that or not. obviously, people have anect krchc dotes. >> i take gingko. >> fish oil. >> the science does not support these things. >> not supporting it and science proving that it is harmful or wrong, two different things. >> two different things. if it's not helping me, could it

be hurting me? over the years, high-dose vitamin e, high-dose vitamin a, high-dose beta carotene can, in fact, lead to lung cancer and different causes from -- different causes of mortality. >> the research changes. >> we were talking about that before this segment. >> once a week it seems. >> there are certain groups that they should should continue to take vitamins. >> importantly, when you're pregnant, you're supposed to take a milligram of folic acid to prevent neural tube defect. if you have had gi procedures, bowel resection from crohn's disease, you probably need to be on supplements. people who clearly have, for example, vitamin d deficiency. and the jury is still out on the benefits of vitamin d supplementation. if there's a clearly defined deficiency, some groups will benefit from a supplement.

>> thank you for putting it on the radar with us. >> you bet. impact your world, clive vogel has been working to bring christmas presents to children in need despite his own very obvious obstacle. here is his story. 76-year-old clive fogel heads to his workshop in his backyard to make a little magic. >> they're primarily toys with wheels. i've got some cars. i've got some animals. >> he has been making toys for operation christmas child for close to a decade. the program is run by the charity samaritan's purse and gives gift-filled shoe boxes to children in need around the wor world. >> i see the joy on their faces when they get these boxes. it captures my heart. >> woodworking has always been his hobby. >> after i retired, i was diagnosed with muscular

dystrophy, which limited me in my physical abilities. i want to give of myself and i saw in a catalog where i could buy a kit to make 100 cars. >> he has donated around 100,000 toys to operation christmas child. >> i've got a map in my shop and i have a pin for every country that i know my toys have been. if i get tired doing this, i look at that map. oh, yeah, that's why i'm doing that. so i keep going. >> keep going. >> that's exactly right. keep going. leonardo dicaprio, talking one on one with our nischelle turner and the crazy things he has seen in hollywood. [ male announcer ] for every late night,

every weekend worked, every idea sold... ♪ ...you deserve a cadillac, the fastest growing full-line luxury brand in the united states. including the all new 2014 cadillac cts, motor trend's 2014 car of the year. get the best offers of the season on our award winning products. like a 2014 ats and srx. hurry in,

offers end january 2nd. wow...look at you. i've always tried to give it my best shot. these days i'm living with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. at first, i took warfarin, but i wondered, "could i up my game?" my doctor told me about eliquis. and three important reasons to take eliquis instead. one, in a clinical trial, eliquis was proven to reduce the risk of stroke better than warfarin. two, eliquis had less major bleeding than warfarin. and three... unlike warfarin, there's no routine blood testing. [ male announcer ] don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking eliquis, you may bruise more easily and it may take longer than usual for any bleeding to stop. seek immediate medical care

for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. i've got three important reasons to up my game with eliquis. [ male announcer ] ask your doctor today if eliquis is right for you. no, i'm good. ♪ [ male announcer ] every time you say no to a cigarette, you celebrate a little win. nicorette mini delivers fast craving relief in just 3 minutes. double your chances of quitting with nicorette mini. jim, i adore the pool at your hotel.ver had to make. anna, your hotels have wondrous waffle bars. ryan, your hotels' robes are fabulous. i have twelve of them. twelve? shhhh, i'm worth it& what i'm trying to say is, it's so hard to pick just one of you, so i'm choosing all of you with hotels.com. a loyalty program that requires no loyalty. plus members can win a free night every day

only at hotels.com everyone. let's head over to indra petersons out in the cold for a look at your weather today. >> reporter: cold and a little bit of snow out there. as people were trying to commute this morning in new york city, a little bit of a tough ride. we're still dealing with this in the morning hours. no, we are not the only ones.

show you the radar. looking at an alberta clipper over the lake, there in the upper ohio valley. still an inch or two would be possible, chicago looking for a little light snow. bigger system, that low forming off the coastline, still bringing in that snow into new england, tapering off toward wednesday. overnight into tomorrow, we could see heavier amounts farther north that you are. otherwise, the country looking pretty good. it's really only cold with these below-normal temperatures into the northeast. farther down to the south above-normal temperatures. you may cool off, cold front for a day or so. big switch will be toward the end of the week where it's cold in the northeast. i have good news, right? we'll be warming up, meanwhile in the west, where it's nice. bad news for you. looks like you'll be cooling off, which means snow by next weekend, guys. >> we'll watch it. thank you, indra. come on back inside. >> thank you. >> stick around for this one. leonardo dicaprio, "would half l

street." >> truth is when i first graduated from college and i started reporting i was just doing my best ron burgundy impression. everybody was. >> ron burgundy literally tried to poison me. >> i heard he suggested building a wall in berlin just so he could deliver the news when it was knocked down. >> real actual poison. where do you even buy poison? >> the most legendary news anchor in history. >> can't wait to see that movie. sex, drugs and wall street. >> i'm cracking up that i'm in the commercial. >> i love it. >> it's become like, oh, yeah. >> there's the commercial again. >> me talking about ron burgundy. >> are you surprised to see yourself on tv? >> yeah, i don't know. i go back and forth. >> i love it. totally love it. oh, my gosh, there you are. >> here i am. i don't act well. then move on. >> do you know someone who acts well? leonardo dicaprio.

>> very well. >> nice. >> it is a wild romp through the money culture. and bringing this story to the big screen was something this star was very passionate about. our nischelle turner sat down with leonardo. >> i did my best ron burgundy. he is not only the star but a producer on this film. he told me he became obsessed with telling this story. >> i name is jordan bellfour. >> greed, gluttony, glamour. the way of the world for "the wolf of wall street." >> $ 2,000 last month. >> true life cautionary tale as told through the eyes of martin scorsese. he was known as the wolf. on screen, it's leonardo decape r

decaperio picks his prey. >> this film doesn't really get made. i never heard of a film like this getting made really. >> three hours. >> you know, it's been six years in the -- six-year process to get this film off the ground but i've been obsessd with it in a lot of ways because i feel like it's an accurate reflection of everything that's wrong with the world we live in today. the attitude of this character, jordan balford is directly attributed to the destruction of our economy. this attitude, this darker side of human nature to everything that has gone wrong in society really. so i wanted to put this character on screen. >> and he did. three hours of quaeludes.

>> these type of things still seem to go on. >> not only that. if jordan belfort isn't directly the problem with, you know, what pd it our economy, but it's a microcosm of a much bigger story. this sort of hedonistic attitude, this desire to do only what's right for ourselves and no one else is a reflection of a much bigger story about, you know, human nature itself. it's a satire. that was scorsese's attempt with it. he wanted to take the audience on this hypnotic journey of what it would be like to only care about yourself. >> is there a parallel between hol hollywood and wall street and what goes on there? >> i think you could compare it to almost everything in the world. i don't think it's just hollywood. absolutely, hollywood has that side to it as well. >> what's the craziest thing you've seen? >> in hollywood or my life? >> well -- >> i've seen some crazy things.

i can't, you know, think of one off the top of my head. but i've seen some pretty crazy things. >> so nothing you've seen made its way into any of those crazy scenes? >> this was all really jordan belfort being genuinely candid about his life. >> while "the wolf" is unflinching and in your face -- >> i ain't going nowhere. >> his fall of from are guys isn't pretty either. addiction, infidelity and ego-stricken defense lead to his fall. >> it's all true. that's what's so fascinating about this novel and screen play. all of it is true. it's almost -- it's bizarre and surreal and you can't believe people are that irresponsible, especially with our wealth. but it -- it's something that i have been so incredibly passionate about making for six years. i'm glad it finally happened.

>> shout out to jonah hill in this film. so good. "wolf of wall street" opens christmas day. out of all of that stuff that jordan belfort did, he served less than two years in federal prison. >> to many, a crime in and of itself how white collar criminals do not get punished. >> he makes a cameo in the movie, too. >> the real jordan belfort? >> the real jordan belfort. yes. >> i'm sure everyone will want to see it. from that to the good stuff coming up. nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. that helps prevent the urge to smoke all day long. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services.

keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today. but it doesn't usually work that way with health care. with unitedhealthcare, i get information on quality rated doctors, treatment options and cost estimates, so we can make better health decisions. that's health in numbers. unitedhealthcare.

that is a tasty beat, perfect for today's "good stu stuff." driving homeless people from the shelter to the food bank. max, not content to just drive them. he wanted to help out, too. for the christmas season, he is

playing santa. asked his passengers to give him their letters to santa. overwhelmingly, what they asked for -- not clothe, not things -- a job. >> they want what everybody else wants. they want a home. they want a job. they want a way to support themselves and to make a living. >> what does max do? he makes it his mission to make those christmas wishes come true. how? a drive to collect money, clothes. it's hard to score a job when you have no contact information. also prepaid calling cards are high on the list. for max, the lesson is simple. it is better to give than to receive. >> i just want them to have a little bit of christmas and relive a little bit of their childhood. they're all people. they have hearts. they have the same needs that we do. >> they have hearts, souls and the same needs we do. well said, max. if you want to donate, can you reach out to max through

facebook. >> right there on the bottom of your screen. >> you are the best. >> good stuff. lot of news this morning as well. let's get you to the newsroom with carol costello. >> i appreciate that. have a great day, guys. "newsroom" starts now. good morning. i'm carol costello. thank you so much for joining me. we begin at the white house. next hour the biggest names in tech have a great big meeting with president obama. this morning's round table comes one week after many of these companies sent an open letter to washington, asking them to reform government surveillance programs. on the agenda for these 15 technology leaders, the economy, headache surrounding the obamacare website and the nsa spying scandal that just won't go away. jim acosta joins us now with more. good morning. >> good morning, carol. that's right. we're not just talking about mid-level executives here at these tech firms.