of freddie gray. >> we are calm. you should be calm, too. >> officer william porter could face the possibility of a second trial after a jury of seven blacks and five whites failed to reach a unanimous decision on any of the charges against him. >> we are hopeful that they will retry officer porter as soon as possible and his next jury will reach a verdict. >> porter is the first of six officers facing charges in the case that brought the city to a standstill last spring. baltimore erupted in days of uproar after freddie gray died of a spinal cord injury. prosecutors argue that even though porter did not make the arrest or drive the van, he failed to secure gray's seat belt and call a medic quickly enough. he faces charges of involuntary manslaughter, second-degree assault, and reckless

endangerment. baltimore prosecutor marilyn mosby's decision to prosecute faced scrutiny. >> they want to be very clear about any potential disturbances in our city. we're prepared to respond. >> last night gray's family attorney was hopeful. >> in 70% of the trials that are brought again on the same evidence, the prosecution wins. >> and regarding that retrial, we are told officially that this afternoon the judge will meet with attorneys in his chambers to announce a possible date for that retrial. here's one of the main challenges. this officer was tried first because william porter was the one that spoke with freddie gray

in that van asking him how he was and if he needed a medic and prosecutors want that statement and even william porter to testify against some of the other officers because he told them that freddie gray needed that medic and now william porter still has that fifth amendment right to not incriminate himself. >> strong points. they did start off with him because they felt it was a good case. understood. appreciate the reporting. let's discuss what happened and what are implications going forward. joey ja y jackson. this is troubling. people take to the streets because they wanted justice. they feel this is justice denied. how true a reflection of the process is that? >> it's a process at work. many believe he could not get a fair trial and that baltimore is so inflamed they would be so prejudicial against him they would base their decision on what the public would do, what the community would do. you have to convict. it shows our process that you

can argue that it's incomplete. it is. a necessary part and function of our process is to have unanimous decisions and think about what you're asking a jury to do. you're asking people up to 12, different backgrounds, white, black, men, women, but people have to come to the same conclusion. they didn't because they heard the evidence. they digested the evidence and they perceive the evidence differently. it will be a retrial. >> let's exercise exceskepticis. the only thing that came in between two points was police action. how did they not hook this guy? >> there are a lot of people that didn't think it was a no-brainer. people thought it was a strong case for the defense. the prosecution's theory was this. something happened in that van and when he came out, freddie gray was mortally wounded. on the other hand, they put

baltimore procedure on trial. you may have all these rules in your handbooks but the way we do it and the way it's practiced in the street this is how it's done. we don't seat belt people in. i made 150 arrests. i've never belted anybody in. >> porter took the stand by the way. >> four hours of testimony. and he testified in the prosecution's case you can argue because they introduced his testimony with the investigative deal. >> you don't see a defendant testify normally. if you are going to, this is the one to do it. porter, like all police officers, is probably more comfortable on that witness stand than he was sitting at the defendant's table because officers testify. they're professional witnesses. they're very good at what they do and very good at being cross examined. >> true or false, key point during the testimony was porter saying joey jackson i was never

trained in this stuff. i didn't know what protocol was. i didn't know what to do. i was never told what to do. >> it's a big point because you're dealing with a reasonable officer standard. the jury has to conclude that he deviated from what a person in his situation would do. we know prosecution attempted to say this buckling thing is mandatory. you have to do it. if you don't do it, it's the gross deviation and he's negligent grossly. facts say that's protocol but that's advisory and we have a great deal of discretion. i think it's common for jurors to disagree. was he acting reasonably or was he not? a bigger point i think is when the injuries occurred. how do we know that? it goes to the issue of what porter knew and when did he know it. you know, i don't care about you. big point. if a jury concludes that he ignored him then you get your

conviction. >> officer porter testified to this at trial. it puts in the public view the fact that in reality many suspects complain of injuries. they have what porter called jailitis. police officers would agree that a lot of suspects say i'm hurt. i want to go to the hospital because the hospital is preferable to jail. the problem is and we have a broader problem, that when this happens in the field, how do police officers address it practically. not what's in the books but how do they deal with it in the field when this happens. >> people are in the streets. this is odd to have you two agree like this i want you to know. people are in the streets because they say this was a no-brainer. freddie was complaining the whole time through. they did this to his back. there's no other way it could have happened. and now there will be no justice for this. what do you say to them? >> i say that, look, we have a process. this is justice delayed. justice means different things to different people. let's be fair about it.

to the police union, justice means he should be acquitted and he acted in accordance with what his training was and he did what a reasonable officer would do. if you're from the prosecution position, justice is a conviction. justice is accountability. there's a person dead because you didn't do two things. one, click his seat belt and number two, call for medical assistance. >> what happened in this jury box? common people too ignorant for a case like this? something tricky? something misapplied during the process? >> i would never say that. you have 12 jurors. the fact is that people have to agree. it's better -- this is a very -- this is the byproduct of our system. it's better we let 100 guilt people go free than convict one innocent person and that means that everybody from different perspectives of life have to come to the same conclusion. it's very difficult to get everybody on the same page. they'll try again. >> jean casarez made a point coming into this discussion.

they went after him first. they wanted him to testify against others. he has his right of protection of self-incrimination. what does it mean that we'll see from this point that porter will get a mistrial. they'll retry the case. what does that mean going forward? >> it's easy for us to second-guess the prosecution's strategy after a mistrial. i have to suspect the idea behind trying porter face, he's the one officer that gave a statement. if you convict him or acquit him, he no longer has a fifth amendment issue so you can make him testify against his brother officers. however, with a mistrial he remains a charged defendant and you cannot use him in the same way you would if he was acquitted or convicted. so if nothing else, this changes the prosecution strategy because this is a domino effect as to all of the subsequent prosecutions. >> last key point. what do they do different in the next one? what did you see in this one that has to change in order for

the prosecution and in order for the defense to get desired outcome? >> certainly they don't need any advice from me. prosecutors are skilled as is the defense. the critical point is what porter knew and when he knew it. jurors determine facts. factually it's up to a jury to conclude who is lying and who is not. a judge is about a referee talking about the law. remember the key point. was freddie gray injured -- at what point was he injured. if a jury concludes he's injured early on and porter checks on him and says i don't care about, you have your conviction. i think the major point is to establish when in time was he injured and did officer porter not take that injury seriously and was he just so callous or was he faking injury? >> thank you for helping us understand something. early christmas wishes for both of you. at trial, you only know what you show. what is obvious outside of it

not always obvious during the process. >> a good reminder. we're explore more in this case later in the program. to politics, republicans looking to build on momentum from tuesday's debate. ted cruz and marco rubio both defending their positions and donald trump taking to late night again targeting jeb bush and even showing a touch of humili humility. we go live to washington. what's happened in the past couple hours? >> reporter: we're seeing a more introspective donald trump. he wants to unite the republican party. that's not stopping him from taking swipes at his own gop rivals. a change in tone for donald trump. on jimmy kimball overnight, a bit of self-reflection. >> i would like to see the republican party come together and i've been a little bit divisive in the sense that i've been hitting people pretty hard. >> a little bit, yeah. >> it stopped when it came to debate rival jeb bush.

>> do you think jeb bush is scared of you or just scared in general? >> reporter: the front runner calling bush low energy and too nice to be tough. >> do you think he wants to run for president? >> no. he was a happy warrior but he's never been a happy warrior. >> do you think he would kill baby hitler? >> no, he's too nice. >> just hours earlier on the campaign trail in arizona, trump was decidedly unfriendly. >> rand paul doesn't have a chance. i mean, what's he doing? by the way, what is rand paul doing? i don't care anymore. we have to get the right people. i don't care. i don't care anymore. we can't have a continuation of this stupidity of this incompeten incompetence. we want do that when we have carolyn kennedy negotiating trade packs with japan. >> reporter: this as marco rubio and ted cruz continue battling it out. >> everyone on that stage talks tough. >> reporter: after going head to head in tuesday night's debate,

they defended their tough talk. >> if attacks are false, i'll tell you truth. >> reporter: rubio focuses on the democrats. >> we had a debate that got into the guts of some of these issues. there are differences between the candidates. i like everybody that's running for president on the republican side. i really do. none of them is a socialist. none of them are being investigated by the fbi. >> reporter: one battle that is not brewing is between donald trump and ted cruz. two guys leading the field in iowa. as for that emerging rivalry between rubio and cruz, they'll both be on the campaign trail today. rubio in iowa and cruz in minnesota. we'll see if sparks continue to fly between the two of them. >> there's a little bit of time before things have to be decided. i feel maybe some more rivalries could emerge. thank you for that. president obama is resuming his role as consoler in chief heading to san bernardino tomorrow.

he'll hold private meetings with family members of the terror attack victims. 14 people were killed. 22 others wounded. first the president receives his traditional pre-holiday briefing today from his counterterrorism team. he'll make a statement this afternoon. a new level of the national terrorism alert system is called bulletin. it was activated for the first time wednesday. it's designed to warn the public about "self-radicalized actors that could attack without notice." homeland security secretary jeh johnson said he's concerned about attacks like that but his department is tracking no specific threat. defense secretary ash carter conducted official pentagon business using his personal e-mail account. carter's press secretary peter cook called his use a "mistake" and the defense secretary is not using this account. it was publicly revealed that hillary clinton used personal e-mail as secretary of state. carter used his personal account

so much that friends worried he might get hacked or in trouble for not following the rules. they went toe to toe in vegas this week but now jeb bush and donald trump are taking that battle to the campaign trail. how ugly is this going to get? how ugly is this going to get? d i didn't get here alone. there were people who listened along the way. people who gave me options. kept me on track. and through it all, my retirement never got left behind. so today, i'm prepared for anything we may want tomorrow to be. every someday needs a plan. let's talk about your old 401(k) today. you can't breathed. through your nose. suddenly, you're a mouthbreather. a mouthbreather! how can anyone sleep like that?

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>> you think jeb bush is scared of you or just scared in general? >> i think he's scared. [ applause ] he's having a hard time. >> do you think he wants to run for president? >> no. he was a happy warrior but he's never been a happy warrior. he's having a hard time running. >> that was donald trump taking another swipe at jeb bush after the cnn gop debate. who benefits most from this fight? trump or bush? here to discuss cnn political commentator and anchor at time warner cable news earl lewis and maggie, let me start with you. other candidates decided it's not wise to go at donald trump. it seems that ted cruz in some way, ben carson hands off

approach but jeb bush is taking the opposite approach and going after donald trump. is that wise? >> what choice does he have at this point? donald trump has been going at him for months and months and that's not helpful to jeb bush. jeb bush had to do something. there's two reasons why. jeb bush has been left on the ropes by donald trump after many debates and it's not just what donald trump will do with the debate and subsequent days. he'll use the megaphone he has. for jeb bush i think jeb bush believes that donald trump is bad for the republican party and he sees himself as one of the only people willing to stand up to him. i think what matters is what does that extend to. carpet bombing him with television ads by the super pac? we don't know. does that extend to saying he's not a serious candidate. jeb bush had a good debate performance and advisers will bristle when they say it's too late to matter. there's still six weeks left.

jeb bush is a defined quantity in the minds of voters. i'm not sure how much he can do to move the needle. >> defined quantity is a way of saying built in high negative. some would say it's prohibitively high. we don't normally cover elections until now. so shoot down this proposition. the moment when trump says to bush, i'm fixating on this again. where he says who is talking, jeb? jeb says i'm talking right now. i believe that was a moment in the "rocky" movie where he says that's all you got and apollo creed walks away? that's the moment for jeb bush. trump is like look at this and changed things for him. yes or no? >> i think so. i think the overall bringing

forth of some things that we talked about at this table very often and everybody knows but nobody was saying is what jeb bush sort of brought to the debate. the notion that the petty personal insults, which are just out of place in anything as serious as -- >> you won't insult your way to the presidency. >> why didn't anyone say it up until now? why is bush the only one that said that. it's leadership. it's putting things forward. will it work to his benefit politically? i don't know. i was relieved to hear someone say it. it's been true all along and some of what donald trump says is not serious. i get ideas by watching television. perfect for him to puncture that. are you talking about sunday morning or saturday morning? this is serious stuff. over a million people in the armed forces. there are serious issues at stake. there's public safety at stake. you cannot treat this as a

reality television show where you insult people or watching tv and winging it as you go along. i think jeb bush did a great service for not just the republican party, not just for his own campaign, but really for all of us. i think he will probably be rewarded politically for doing that. >> the election is a bit of a reality show. it just has become that. we don't necessarily like it but it's become that. we interviewed jeb bush yesterday morning. it was a great moment of sort of self-reflection where he admitted to us that he doesn't like the performance aspect of it. he's not comfortable with it. he's never been comfortable with it. he doesn't know why he has to do it. so late to the game right before this debate he decided i guess i have to do it. he worked on that. you saw the results. >> you did. you also actually saw him thinking on his feet in that debate, which you don't always see. he said to you that he thought of the saturday morning line

impromp impromptu. we haven't seen that in the debates so far. voters reward honesty. one of the reasons people like donald trump is they think he's authentic. whether that's true or not, that's how they see him. jeb bush has seemed uncomfortable in his own skin so being able to say this is not something i particularly enjoy but here is why i'll be a good president could work for him. what i was very struck by in this debate was two things. the degree to which jeb bush is not defending my brother, my father, but talking about the george w. bush presidency and policies as opposed to any terms. this dominated coverage for days and days but barely a factor at the debate except for when jeb bush talked about the need to have a coalition of muslim support. i was intrigued by that. he had a multidimensional performance in a way he has not before. i don't know what that means. you have a parallel fight going

on between senators ted cruz and marco rubio and that's where a lot of action is shifting. >> we'll talk about that momentarily if you guys will stick around. we'll see you shortly. what's your take on the trump/bush feud? tweet us at "new day" or post your comment on facebook.com/newday. new details emerging in paris terror attacks. how the terrorists communicated before they carried out those attacks. is there anything law enforcement can do to get ahead of those kind of acts? we'll take a look. what makes this simple salad the best simple salad ever? heart healthy california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org.

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breaking news in the paris terrorist attacks. our justice reporter evan perez is here with breaking details. >> one of the big questions that investigators have in the paris attacks has been how did eight terrorists plot coordinated attacks without being noticed by security services. at least part of the answer investigators believe is that the terrorists were using a popular encrypted cell phone

apps while they plotted. these are known for protecting privacy of users and being difficult to decrypt. officials tell cnn both apps were used for a period before the attacks. it's important to note that paris investigators also found unencrypted communications on one cell phone recovered from the crime scenes and indications that terrorists used other methods to hide their tracks including changing simm cards from cell phones. the problem remains for investigators that they may never know the content of these encrypted communications and we reached out to the apps and they have not gotten back to us. >> so much coming to light in the course of the investigation. we learned that in san bernardino the attackers in that

horrifying attack there were using direct messaging to communicate. what more can you tell us? >> fbi director james comey was in new york city police headquarters. he addressed some new information about the terrorist couple. he said they were private messaging to discuss their vow to carry out jihad. now tashfeen malik discussed her extremist views with friends in private messages. they weren't posted publicly so fbi had no way to uncover them until they began investigating this terrorist attack. >> evan, thank you very much. appreciate the reporting. let's take a quick break. here's a proposition for you. marco rubio and ted cruz, people focused on them on the debate. seemed they were focusing on each other. guess what the result is? both of their poll numbers are going up and so are attacks on each other. past votes, immigration, who is going to win out in this

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>> as far as ted's record, i'm

puzzled by his position on this issue. >> he was fighting to grant amnesty and not to secure the border. i was fighting to secure the border. >> cruz, rubio. rubio, cruz. a new battle in the larger war for the nomination. the stakes. let's discuss. cnn political commentator and political anchor at time warner news and presidential campaign correspondent for "the new york times." let me ask you this question. it's no accident that these two looked at each other on the debate stage and each had the equal impression which is you need to go. what are the stakes for these two men and what are the big issues? >> this is where many republicans have thought the race was probably heading for several weeks now.

you have on one hand marco rubio representing the establishment's best hopes for reclaiming the nomination as you have seen jeb bush has not done as well. that's where people had pinned their hopes. now marco rubio is where that is after the last couple debates where you saw some major donors going his way. he's a national security hawk. he is seen as a bright, youthful face for the party. you have ted cruz who has been very strong in his speech about undocumented immigrants and very strong in criticizing marco rubio on immigration reform in 2013. you saw that a lot in this debate. you saw them fight on national security. you saw marco rubio describe ted cruz as rand paul like and minimize the government to monitor terror attacks and two fault lines where you see the fight for the party playing out.

what was supposed to be a moment in the party where people are sick of war and people are sick of government intervention, it's turned out to be a national security election and that's what marco rubio is banking on. ted cruz for the first time yesterday seemed to struggle on the issue of immigration. he has been very, very clear and focused and smooth in his responses. he was during the debate. in an interview last night, it was the first time that he had trouble getting through it. he introduced an amendment to what was immigration reform bill in 2013. he criticized it then, too, but he said i would like to see it pass and this amendment could help see it pass. what the amendment did was provided legal status for undocumented immigrants. that's seen to people who do not like seeing the number of undocumented immigrants who are here exist. that's the same thing. so he had trouble defending this yesterday. it was again the first time

cruz, an expert debater, written about repeatedly. very polished. this is the first time he's getting scrutiny. also the first time marco rubio is getting scrutiny. >> the reason that ted cruz is struggling to explain that is because he flip flopped. he supported a support to legalization in 2013 and now he's trying to claim he didn't. rubio called him out at the debate. you supported it. no. no, i didn't. he's changed the subject. he did. >> there's an element of that. i think this also gets to the reason why prior to 2008 in the election of barack obama we had not as a people elected somebody directly from the senate to the white house since john kennedy. it's very, very hard. you have all of this going on in the case of a legislative markup you can put in poison pills and mitigate damage. >> he now claims that this was a

poison pill amendment meant to kill marco rubio's bill. let me play for you what he said in 2013. he had great enthusiasm for this bill and begged his colleagues to pass it. listen to this moment from 2013. >> i don't want immigration reform to fail. i want immigration reform to pass. and so i would urge people of good faith on both sides of the aisle if the objective is to pass common sense immigration reform that secures the borders, that improves legal immigration and that allows those who are here teillegally to come in outf the shadows, we should look for areas of bipartisan agreement and compromise to come together. >> come in out of the shadows. that's what he was suggesting. >> the notion that represents a flip-flop saying come in out of the shadows by itself, i mean, i think the politics has changed. i don't know if it's so much of

a flip-flop as a matter of trying to find whatever the most conservative position is and take the position at the time. i think he was where he was then. i think the conversation has shifted. ted cruz shifted with it. i don't know that this is going to be where the debate really sort of ends up. if you remember, the exchange we saw in the debate the other night was punctured by chris christie saying i don't want to hear about this and nobody in the public wants to hear about this what you marked up three or four years ago. >> well played by the governor. these two men want each other's bacon. what do you think will determine being the more elevated candidate at the end of it all? >> immigration problem has been a problem for years and ted cruz established himself. ted cruz in that hearing they are both senators from states with emerging hispanic electorates especially texas so ted cruz was being a texas senator at that point.

he's now running in a party where the base is very, very concerned about immigration. this is a major issue. ted cruz established himself as someone that fought against president obama. that's been the problem for marco rubio. that's why you saw ted cruz describe this as the chuck schumer/marco rubio amnesty effort. i think that ted cruz is a more established quantity for a lot of people within the grassroots particularly in iowa. it remains the case that ted cruz has a clearer path especially in iowa than you can see right now from marco rubio in an early state and until that changes, you're going to have to give the edge to ted cruz. >> thank you for all of the context. great to talk to you guys. all right. russian air strikes are taking a toll on terrorists in syria and cnn is granted access to personnel off the turkey/syria border. a live report coming up on "new

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vladimir putin saying he will not agree to outside forces deciding who will rule syria without acknowledging the only way to resolve that country's

civil war is with a political solution. this as russia's military continues air strikes against isis targets in syria. our senior international correspondent michael chance is getting rare access to the russian military on a naval ship involved in that campaign off the turkey/syria border. incredible access. >> they say he's a political solution but russia is imposing its own military solution on the situation as well. we've been getting that rare access to that military operation over the course of the past couple days. this morning the russian military brought us off the coast of syria and we now stand on a missile cruiser and it's the flagship of the black sea fleet and an important vessel in this region because it has significant air defenses onboard which means they can police the skies and control the skies not just over syria but various other parts of other countries as well.

extremely powerful vessel. you can see on the deck now a big gun behind us and a big cannon. missile launchers as well. so the russians are asserting themselves extremely strongly in this region both on the sea and with the air strikes carrying out over the last several months. >> matthew, thank you for that update. back here at home, prosecutors and lawyers for officer william porter will be in court later this morning to discuss a new trial date for the baltimore cop. porter is free on bail after a hung jury could not reach a verdict. porter is the first of six baltimore police officers facing trial in the death of freddie gray. the mistrial triggering mostly peaceful protests in baltimore. the justice department and officials in ferguson, missouri, reportedly on the verge of a deal to force changes in the police department. "the new york times" reports the deal requires new training for officers, improved record keeping and a federal monitor to oversee these changes but

residents of ferguson may not like it because the changes will be paid for by local tax increases. interest rates hiked for the first time in a decade. janet yellen says the economic recovery has come a long way though it's not complete suggesting future rate hikes will be spread out. the dow climbed more than 200 points on the news. a discovery that paris terrorists used encrypted cell phone apps and the san bernardino couple used direct messaging to plan their attacks. we'll have more over the privacy debate ahead. if you struggle you're certainly not alone. fortunately, many have found a different kind of medicine that lowers blood sugar.

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investigators discovering some of the terrorists behind last month's attack in paris used encrypted cell phone apps as fbi director james comey talked about the challenges in investigating them and the san bernardino terrorists. let's bring in the faculty collector at the center of law and security nyu law and former director of intelligence analysis for nypd. samuel, great to see you again. let's talk about these two things. there's encryption that's

stymieing investigators and then the use of direct messaging. i understand the latter better. let's start there with direct messaging. part of the reason that they missed the clues of the female san bernardino's terrorists is because she was direct messaging people on social media. why can't investigators see that? >> investigators could see that if they had a valid predicate for taking a look. in the absence of that kind of predication a reason to seek that information, they don't know what they don't know. >> this is privacy versus national security argument. some would say that given what happened in san bernardino, it's time to begin looking. even without some sort of predicate. it's time to begin looking at people's direct messaging to figure out if they are saying things like jihadists impulses and wanting to plan an attack. >> that's one bridge too far with respect to u.s. citizens. to the extent we talk about visa

applicants, there may be more ability there to go consider information that's not public facing considering we talk about individuals who aren't americans. >> so for visa applicants we do -- our security officials have the technology to take a look they're just choosing not to? >> thus far they made a policy choice in some cases not to consider certain posting and certain communication exactly. >> let's talk about what evan perez just reported. what was long suspected in paris attackers is they used encryption of some kind. they used encrypted apps. explain how that works. >> that works the same way iphone 6 works nowadays which is to say default setting for a lot of technology that we use in day-to-day lives today opposed to two or three years ago is encrypted. that means that even when a judge issues a warrant to law enforcement to go ahead and consider information, technology

companies are simply unable to deliver on that warrant. >> why? >> in a post-snowden world, a lot of companies, apple being an example, have sought to distance themselves. they are marketing iphone 6 as anti-surveillance. >> that's a problem in the new world of national security concerns. can they change their tenor on that? >> they can change their tenor but they really won't do anything until congress demands they change their tune and whereas guys like jim comey really want congress to step in and demand a back door, tech firms won't do it otherwise. >> james comey plea that he needs help and this is why this is what he said yesterday. >> the threat came from isil through social media which revolutionized the way all of us connected to each other and they revolutionized terrorism. they sent their message of come

and kill went out through the spider web of twitter. >> chaotic spider web of twitter, what does that mean? >> isil unlike al qaeda in its incarnation which was on organization with bosses and isis is akin to a brand. a message gets put out there and individuals who subscribe to that message are volunteering for the cause. >> that's why james comey said they are crowd sourcing terrorism. he used that term. they just don't even have to have trained somebody. they can just through social media now put out here's what we think you should do and then people take that suggestion and run with it as we saw in san bernardino. >> law enforcement challenge accordingly is disproporti disproportionately larger than it ever was. it's about monitoring who across the globe might subscribe to a message put out globally. >> you're on the front lines of this because you deal in this world every day.

what's the solution? >> the solution is some kind of big compromise. we've already begun to see over the last summer that congress has put into place legislation to roll back some of the vacuuming up of american metadata. the broad sweeping surveillance. that's part of an overall package. the second piece of that according to comey and this is good public policy, what we need to see on the second half of that equation is government authority to get into encrypted technology. >> otherwise our law enforcement has their hands tied is what he's saying. >> even possessed of a good warrant, law enforcement can't get the job done. >> thank you for your expertise and being on "new day." we're following a lot of news this morning so let's get right to it. senator rubio chose to stand with barack obama. >> everyone on that stage talks tough. >> last night i had jeb come at me. low energy. >> you think jeb bush is scared

of you or just scared in general? >> he's having a hard time running. >> hung jury in baltimore. >> protesters demanding to know why a jury failed to reach a verdict in the trial of the first of six officers. >> ultimately people from different perspectives have to come to the same conclusion. >> i'm terrified. will we have five more mistrials? >> president obama getting a pre-christmas briefing from his counterterrorism team today. >> the most dangerous people to us that we're tracking disappear. we call this going dark challenge. >> this is "new day." >> good morning, everyone. welcome back to your "new day." the candidates getting back on the stump following tuesday's debate. ted cruz and marco rubio trying to build on momentum they picked up in vegas but plenty of ground to catch the man still in front.

>> you speak of donald trump. he was on jimmy kimball and he was firing back at jeb bush calling him weak, low energy, despite a performance many called strong. we also heard something else from trump that it may be time that even he tones it down. let's begin our coverage with cnn political reporter sara murray live in washington. donald trump dialing it back. >> reporter: maybe he's getting more comfortable in his front runner status. last night we saw a donald trump calling to unite the republican party. if you think that stopped him from taking swipes at his republican rivals, you better think again. a change in tone for donald trump. on jimmy kimball overnight, a bit of self-reflection. >> i would like to see the republican party come together and i've been a little bit divisive in the sense that i've been hitting people pretty hard. >> a little bit, yeah. >> reporter: it stopped when it

came to debate rival jeb bush. >> do you think jeb bush is scared of you or just scared in general? >> i think he's scared. >> reporter: the front runner continuing to call bush low energy and too nice to be tough. >> do you think he wants to run for president? >> no. he was a happy warrior, but he's never been a happy warrior. >> do you think he would kill baby hitler? >> no. he's too nice. >> reporter: just hours earlier on the campaign trail in arizona, trump was unfriendly. >> rand paul doesn't have a chance. what's he doing? by the way, what is rand paul doing? i don't care anymore. we have to get the right people in. i don't care. i don't care anymore. we can't have a continuation of this stupidity of this incompetence. we can't do it. we have carolyn kennedy negotiating trade packs with japan. >> reporter: this as marco rubio and ted cruz continue battling it out. >> everyone on that stage talks tough. >> reporter: after going head to head in tuesday night's debate,

the first two term senators defending their tough talk. >> if someone launches attacks and if the attacks are false and they're knowingly false, i'm going to tell the truth. >> rubio retrains his fire on the democrats. >> we had a debate last night that was substantive. there are differences between the candidates. i like everybody running for president on the republican side. i really do. none of them is a socialist. none of them are being investigated by the fbi. >> reporter: we are used to seeing donald trump lob attacks left and right and i think the more interesting fight that we see emerge is one between ted cruz and marco rubio. both on the campaign trail today. rubio will be in iowa. ted cruz in minnesota. we'll see if that fight continues. >> you're very busy. i wish that you would stay with us because we want to continue this conversation. let's bring in senior politics editor for "the daily beast" to discuss.

tell me what you make of the suggestion when jimmy kimball looks at donald trump and says do you think jeb bush would kill baby hitler? and trump then says, no, he's too nice. >> what's happening? >> you know, i think it's very clear that donald trump and jeb bush just don't like each other at this point. it seems like donald trump has shifted attacks on jeb bush. first low energy and still saying that but now he's sort of being patronizing saying he's too nice. jeb bush really got under donald trump's skin. we'll have to see what happens and if jeb bush and how long jeb bush can hold on with these poll numbers so low and if they rise. at its very base, these two men plain don't like each other. >> you are an excellent read of people. this was our first exposure to jeb bush as candidate on the

show. you were sitting right next to him. when he was talking about what he likes and what he doesn't like and why he's doing this, what was the read? >> i thought he was introspective about that? everyone wondered why he had a lackluster debate performance and he told us very candidly i don't like the performance of the campaign. i don't like having to come up with quips or zingers or think about that in my performance. i now accept that you have to do that in this campaign. that's why we saw him use some of those. i thought that clearly he had sort of reconciled what it will take with donald trump in the race. in terms of poll numbers, obviously they're not out yet since the debate this week. will jeb bush see a bump after this performance? >> i think it's really tough to say that just because people already know jeb bush. a lot of people have already decided how they feel about him. they've seen him in other debates. familiar with his family. a lot of people in iowa have seen him campaigning.

he has a robust campaign schedule. it's really tough to see if just one debate could move his numbers. it's hard to argue with that being anything other than a strong debate performance. it was his strongest. he did seem to get under donald trump's skin. you risk at this point that people's notions of you and your last name is bush are already baked in. that said, you know, we got some surprises in 2012. that late movement by rick santorum so anything is possible. i think it's harder when you are a known commodity. >> jackie, sara is so crusty and old when it comes to this. such a built in cynic. we haven't even had a vote yet. politics is all about the new me. look at chris christie going from where they thought he was reconciled to irrelevance back on the main stage driving part of the debate. rubio from the water grab now in a battle with ted cruz. people can change their fates, can they not, and if so, what does bush need to do?

>> when it comes to christie, he was interesting. sort of like we were seeing the pre-bridgegate christie the other night. going after the president. really being that outgoing new jersey governor that we remember. in terms of jeb bush, sara is absolutely right in that it might be baked in at this point. in terms of rubio, one of the most interesting things about his debate performance was that it sort of was like a magic guy. people saw a different thing. when you look at the des moines register, i think it said something like rubio shines. they were receptive to what rubio said. and then other places you read he really didn't do very well. so his battle with ted cruz, these two men seem to know there isn't enough room in this race for the both of them for these two freshman senators. i cannot imagine that they won't battle it out through these primary states as long as either one holds on. >> sara, interesting once again the pundits got it wrong and predictions for the debate night

were that trump and cruz would go after each other because there had been this simmering tension beforehand and cruz said things behind closed doors. that's not what happened. alliances shifted and tensions shifted and in fact it does seem that now the ted cruz/marco rubio squabble is the one that's getting the momentum going forward. >> this actually did not come as a huge surprise to me. yes, we did see sharper elbows leading up to the debate between ted cruz and donald trump but if you are donald trump and you are walking onto that debate stage, you know you don't need to have a moment on the debate stage. you have moments every day. he's all over television all the time going after his rivals saying controversial things that we cover extensively. if you are the front runner, your job is not to commit unforced errors and it's basically to survive. donald trump realized that. he just backs down and waits. if you're ted cruz, the last thing you want to do is be in a

huge fight with donald trump when you're just weeks ahead of iowa. cruz is on the rise right now. we have seen that if donald trump really starts to go after one of his rivals in the past, that does not bode well for whoever donald trump is attacking. >> question. do you think this is the last time we see an undercard debate? this is decided largely by the party. will the rnc force a win? do you think -- jackie i'll direct it to you. do you believe that this is the last time we see an undercard? do you believe there will be a force forced undercard before the debate? >> you think going into the new year some of these undercard candidates have had their moment and they haven't been able to get on the main stage. you haven't seen governor h huckabee get on the main stage. you have to think days are

numbered. >> this race will miss lindsey graham. he's the star of the undercard. he always delivers passion and zingers and it would be a shame for the undercard to go away. >> i think that's totally right. the race would miss lindsey graham. we would miss talking about what lindsey graham says in undercard debates. when you look at the people in the undercard debates and you look at two guys who previously won iowa. you look at the sitting senator from south carolina. these states have not voted yet. i think there is value to having this undercard debate and having these discussions until we get through iowa. i think that if you are rick santorum or mike huckabee, you hold out hope ted cruz will implode and voters will turn to you at the last minute as a safe option. so maybe that's a reason to keep the undercard going. >> if ratings are any indication of what people are interested in and they are, the undercard debate got great ratings. people wanted to hear from them.

>> the head of rnc said exactly that. people are watching it. that's a measure of its usefulness. >> thank you. >> thank you. protests are erupting on the streets of baltimore after a mistrial was declared in the trial of officer william porter. porter is one of the six officers charged in the death of freddie gray. the judge will meet with both sides this morning to discuss a new trial date. jean casarez joins us from baltimore with more for us. jean? >> reporter: a new trial date, a retrial. the big question is when because five other police officers already have their dates established for when they will appear in court. when this mistrial was declared yesterday by the judge, people had already started to come to the courthouse and many in this community were very unhappy. protesters voiced objection over the mistrial in the death of freddie gray.

>> we are calm. you should be calm, too. >> officer william porter could be facing the possibility of a second trial after a jury of seven blacks and five whites failed to reach a unanimous decision on any of the charges against him. >> we are hopeful that ms. mosby will retry officer porter as soon as possible and that his next jury will reach a verdict. >> porter is the first of six officers facing charges in the case that brought the city to a standstill last spring. baltimore erupted in days of unrest back in april after gray was loaded into the back of a police van and later died from a spinal cord injury. >> i got it. >> reporter: prosecutors argue that even though porter didn't make the arrest or drive the van, he failed to call a medic quickly enough. he faces charges of involuntary manslaughter, second-degree assault, and reckless endangerment. baltimore prosecutor marilyn

mos mosby's decision to try the officers was met with sharp criticism. some say the charges were too strong and hard to prove. frustration outside of the courthouse for what this could mean for the other officers involved. >> i'm terrified. are we going to have five more mistrials? >> in a city already on edge. >> also want to be very, very clear about any potential disturbances in our city. we are prepared to respond. >> reporter: last night's gray's family attorney was hopeful. >> in 70% of the trials brought again on the same evidence, the prosecution wins. >> reporter: we understand the attorneys in this case will meet in the chambers of judge barry williams to discuss the date of a potential retrial. the reason this trial happened so quickly is the defendant, william porter, exercised his right to a speedy trial. now that this whole community knows there's been a mistrial, the defense may ask for a

continuance and the judge will have to decide if that is worthy or not. >> interesting to see what will happen next in this case. meanwhile, a chicago police officer formally indicted in the shooting of mcdonald. meanwhile, chicago mayor rahm emanuel meets today with justice department officials launching a civil rights investigation into the city's police department. president obama getting a pre-christmas briefing from his counterterrorism team today. tomorrow the president heads to san bernardino to meet with families of the terror attack victims. we have cnn senior washington correspondent joe johns live at the white house this morning. what do we know about this, joe? >> reporter: good morning, chris. another attempt by the administration to try to reinforce the notion that it is actively engaged on the issue of terrorism we've had a whole series of events this week and

all of this continues. the president taking a rare visit to the national counterterrorism center to sit down and talk with officials there. earlier this week the president went to the pentagon to meet with his national security advisers. of course all of this is in advance of the holidays as well. in advance of the president's long holiday vacation to hawaii. we know also the president going to san bernardino, california, to meet with the families of the victims in the terrorist attacks there so why all of this focus is clear. americans are very nervous about terrorism right now. the latest "the washington post"/abc poll indicating 77% of respondents are less confident about the ability of the government to prevent a lone wolf attack. also less confident about the ability to stop a large scale attack. some of the most important work by the administration not going on where the president is today. that would be the united nations where the treasury secretary is

sitting down with finance ministers of a number of security council countries to talk about cutting off the flow of money to isis. back to you. >> we'll be watching this with you. thank you so much. congress begins voting today on a $1.1 trillion spending plan and a $629 billion tax cut package. democrats are getting their way on the spending plan. it's free of most of those policy writers republicans wanted blocking president obama on immigration, global warming and gun control. in exchange republicans get an extension on a tax credit favored by corporations as well as a two-year delay on new obamacare taxes. a plan to resume commercial flights between the united states and cuba is getting closer to takeoff. officials close to the negotiation say a formal announcement could happen at any moment. regular flights would be major economic boost for cuba. thousands of americans have visited the island on so-called charter flights since u.s.

relations with cuba thawed this past summer after a 54-year freeze. >> an arrest warrant out for ethan couch. that's the wealthy texas teenager who used the infamous affluenza defense after he killed four people in a drunk driver crash. his probation officer unable to reach him and his mother is missing. law enforcement fear they fled the country. disappearance happening after the discovery of this video on social media which shows couch at a party with alcohol. >> that story and the diagnosis angered so many people. he killed people. >> claimed he was too rich and privileged to know any better and act any better. interesting to see where they've gone if they can find them. >> what does it wind up being? this is why people didn't want this to be constructed the way it was in the beginning. they thought he was getting a pass and remorse wasn't real and that this was a prescription of

justice that would never be applied. and then this happens. it's going to really reintroduce all of the same concerns. we'll stay on it. we'll take a quick break. breaking news on the san bernardino shooting. we'll give it to you and also protests in baltimore after this mistrial of one officer, first of six that is planned there because of the death of freddie gray. one man knows this situation and this community better than almost anyone else. he is marilyn congressman elijah cummings. what does this mistrial mean? he joins us. ♪ it's the final countdown!

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breaking news out of california concerning one of the friends of the san bernardino terrorists. the person that bought the guns. evan perez joins us. have they made an arrest? >> he's going to get charged today. not sure he's in custody just yet. he is the former friend and former neighbor of syed farook who brought these rifles in 2011

and 2012. he said he brought them for farook as a way for farook to avoid getting any scrutiny from the police and so he's been doing these interviews with the fbi for just over a week now after he checked himself into a mental institution after the san bernardino attacks. we know that he's provided a great deal of information to investigators and they were simply waiting to see how long they could get information from him before they decided to arrest him. all along they knew they would charge him. >> that was the presumption. it was confusing. this guy bought the guns and so implicated in understanding why did it take so long but explain how investigators have been playing this guy. he waived his miranda rights early on. what did that give investigators they would not have? >> provided a great deal of information including this idea that he and farook plotted a 2012 attack. this is something that they decided that they weren't going to carry out in the end.

they didn't carry it out. it's partly because they were spooked by another set of unrelated arrests in riverside, california, right next door to san bernardino. he also told investigators that he and farook practiced building pipe bombs and he boasted to the fbi that if he had built these pipe bombs that were found in san bernardino that they would have gone off. plenty of information he's gotten. the interesting thing that they've been dealing with the fbi frankly is how much of this to believe. this guy has been talking so much. you often wondered what of this is fiction and what of this is real. that's part of what the investigation is focused on. >> you've been head of this the whole way. i asked you these questions when we were first in san bernardino, why aren't they hooking this guy? evan found out that he waived his miranda rights. they got so much information out of this guy once he lawyered up and he went down the judicial process. >> the guns he bought, the rifles he bought were leaguegaln

he bought them but the fact he bought them for someone else is a violation of california law. >> protesters hitting the streets in baltimore following the mistrial of one of the officers charged in the death of freddie gray. what happens next? can this fractured community stay together? we have elijah cummings. his district officers baltimore. congressman what do you say to your constituents that are angry and say this is not justice? >> i would say to them they asked for justice and in many instances, probably in 99% of the cases where african-american men and boys are injured or killed in the custody of police, you never have any trial whatsoever. what i would say to them is that the wheels of justice did begin to turn here in baltimore and

that 12 people, african-american and white, very diverse men and women chosen from our voters list tried to sit down and make a decision but could not come to a unanimous verdict. clearly there are people that sat on the jury that felt that officer porter was guilty and then others felt he wasn't. so basically we go pretty much to square one. >> what is the feeling? the feeling is dissatisfaction. you can say this is how the process works and we had a process. people had presumed this was a slam dunk case. did they have false expectations going in and what is the correct assessment that people should have in your estimation? >> i don't agree with you there. i don't think people necessarily thought it was a slam dunk case. you have to remember that a lot of people in baltimore are very familiar with the jury process and particularly the criminal trial process and so many are

relatives and friends have gone through that process. they knew when you present something to a jury, you might have almost any type of outcome. there are many who of course were hoping for a guilty verdict but fact is that they also know that officer porter deserved a fair trial. so that's the key. i have said to my constituents over and over again that our criminal justice system may not be fast but hopefully it is fair. and so we've got -- we cannot have the convenience of expediency but we have to have a conviction with regard to fairness and thoroughness. >> congressman, let's touch on this point one step farther. i watched you on the streets of baltimore talk reason to folks who were angry for reason. you see it on social media and on your streets in baltimore as

a miscarriage of justice. the judge didn't get it right. instructions weren't right. this was rigged. what do you say to people to give them confidence in this situation? >> i tell them that i anticipate this morning the prosecutor will be meeting with defense counsel and the judge and they'll be discussing retrying mr. porter. officer porter. they have to -- they asked for justice again and the justice wheels are rolling. sometimes it's slow. and they have got to follow it and understand that when you ask for justice, it's not just based on a verdict or a decision that you want. it's a process that's fair. and that's what we are looking at. i got to tell you. one thing you didn't talk about too much is that we had a relatively calm evening yesterday. i give a lot of credit to the mayor, our clergy here, our young people who got out and said we want peace in our city.

i think it presenteded ed ed a d image of baltimore. we go forward. this is in the middle -- there's a trial that i'm sure will take place with mr. porter. we have five other trials coming up. but for this moment, i think baltimore is waiting to see what happens and learning more and more about the criminal justice process and i tell you as leaders it's incumbent upon us to make sure people understand that process and understand that nothing is at an end and hopefully by going through this process, baltimore will have a better police department, have better relationships with the community and the police, and will be a better city. >> last question. there's no question that i'm very happy to be having this conversation with you from new york and not standing on the streets of baltimore with you because of something that happened that was ugly and unfortunate down there. everyone will agree on that. you're not one verdict away from change in baltimore. since we were together down there, since the last rash of

outrage, things have gotten worse in baltimore, not better. you cannot find a metric that shows any kind of progress there. so what are, frankly, you, other leaders, failing to get done there still that we need to see, congressman cummings? >> well, i think it's an ongoing process. part of our problem is in the past we did not have the kind of community policing that we now have. we've now got a better relationship with police. it will take a while. i think that we are on the path to getting there. you know, when you talk about failures, let me tell you something. when you have young men who have no jobs and are blocked out of a system of getting a job and doing for themselves and feel a sense of hopelessness, you're going to have problems. we created an organization called one baltimore where we help people get jobs and get trained and dealing with our

educational system and systemic problems that we have. but, you know, what i'm saying to you is that we're not a perfect city but we are pursuing perfection and we'll get there. i don't have a negative view of our city. i have a very positive view. >> congressman cummings, appreciate it. we'll stay on this story. you know that. again, early christmas wishes to you and the family. >> same to you. >> you know the situation down in baltimore. this is the latest wrinkle. what are your thoughts? please tweet us at newday or post your comment on facebook.com/newday. >> you know how donald trump likes to slam the media but he can't stop courting the media. what's behind this love/hate relationship with the press in tina brown has some ideas. we'll get her take next. proof of less joint pain. and clearer skin. this is my body of proof that i can fight psoriatic arthritis with humira. humira works by targeting and helping

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donald trump continues to soar in the polls but one issue he loves bringing up during interviews and rallies is how fair the media treats him. let's dig in further with tina

brown. former former editor in chief of "the daily beast." let's start with tuesday night's debate. you watched it with great interest. what jumped out at you? >> i thought the undercard debate is where the action was. to me lindsey graham rocked. i want to get him on the main stage. he's wise. he's been to iraq 36 times. he rocked on national security. >> he does always bring a different perspective. not only is he a great entertainer, he has a different position than many of them do. >> what he said about muslims, he said leave faith alone. go after radicals. thanking muslim americans in uniform for their service. this is very smart. >> almost 60% agree with the idea of banning muslims because they say what's smart is to address my fear.

muslims are trying to kill me. what he said in that debate may hurt him with his party. >> a leader is supposed to lead and secondly educate. he says donald trump is a poster boy for isis because he's helping to radicalize the nonradical muslims. if he's allowed to say it, it could penetrate and people could pay attention. i thought he rocked. >> donald trump complains about the media all the time. so listen to what he says about journalism and journalists. >> you have so many dishonest reporters. in fact, it's almost amazing to me because i consider myself to get the worst publicity and yet i've got this massive lead and it tells you two things. they're dishonest and people are really smart. >> is that the conclusion? is that what it tells you? >> what a pinocchio.

>> by pinocchio you mean -- >> everything out of his mouth pretty much is an exaggeration or just a frank misstatement. it's hilarious when people who are absolute media hounds complain about the media nonstop. the guy dominates the airwaves. he's taken every piece of oxygen out of the room and it's not enough for him. >> he wants to win. nobody has paid for the sins more than i have when it comes to donald trump and his coverage. we hear the same thing from his followers all the time. he's telling it as it is. he's not playing the pc game that everybody else plays. >> speaking the truth. >> they believe that he is unfairly judged. he gets a ton of attention but it's the kind of attention. the question is where do you think it goes for him? >> here's the thing. i think some of the things he does say about pc aspect of life is absolutely right. i get it. i understand why people identify with that. sometimes he does speak truth to

what is happening and i like that about him. unfortunately it's wrapped around in so much nonsense that it's very damaging. when you hear a candidate who is running for president who so clearly doesn't understand the question about what to do about a nuclear triad, he doesn't know how to answer so he answers in a way that doesn't make sense. that's worrying. it isn't about penetrating pc when you get into the white house. we live in a very complex world where hot button comments can in fact get you into the most tremendous problem globally. that's where i think he's dangerous. of course i understand why people actually enjoy when he penetrates and punctured pc verbiage. >> let's talk about another hot button issue. a mistrial in the freddie gray trial this week and policing has been on the forefront of a national conversation as have

all sorts of justice issues. i know that you're having the american justice summit. tell us about that. >> we launched the american justice summit last year. it was a tremendous success because we were taking on many of these issues which of course have now developed tremendous traction in the last year. we're doing it again this year. it will be bigger than before. doing it in partnership with john jay justice foundation and eric holder is coming and bill bratton which will be incredibly interesting. we also have the families of sandra bland who died in police custody and we have the mother of the young man accused wrongly of stealing a backpack and put in solitary confinement and committed suicide because he could not deal with the aftereffects of his injustice. we've seen an unsettling year in both criminal justice and in policing. >> it winds up having two different dynamics. one is this idea of justice not

being fairly applied and the other side is that criticism and some would argue hypercriticism of policing exposed men and women who are protecting us to violence like never before as well. >> what it's going to be interesting to discuss at the american justice summit is going to be really what has happened to the militarization of the police and of civilians. the truth of the matter is at the end of the day guns, weapons, aren't the basis of all of this. they are so militarized. the civilians of course, young men in the streets, are armed with lethal firearms. now we have this pitch battle happening which is dangerous for everybody. also these grotesque unfairness on both sides. leads to unfair criticism of the police and also leads to a tremendous tragic deaths of both in custody and in violence that

we see all over america. there's also the interesting fact that so many of the gun deaths that we're seeing are also suicides, which is a whole other question. i think that in our discussion of gun violence, we're going to talk about different ways we have to address gun violence. there are many aspects to this thing. why are so many americans committing suicide? >> ways to stop it. >> great to hear about the conversations that come out of there. >> good to talk to you. >> there wasn't a ton of unity in the debate on tuesday in vegas. how are the democrats responding to their attacks? we'll have it next.

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we are following some breaking news for you. cnn has learned that the former friend and neighbor of the male san bernardino terrorist will be charged. charges will concern those two military-style rifles he bought that were used in the terror attack. let's bring in congressman adam

schiff. thank you for being on "new day" this morning. >> good to be with you. >> let's talk about that breaking news. our reporter evan perez said that he will be charged today. this neighbor and friend who supplied the weapons. many people said why did it take so long after the attacks? >> well, i can only say and this is based on being a former prosecutor more than sitting on the intelligence committee, that if you have a cooperating suspect, even one you may plan on arresting, you want to gain as much information as you can particularly in a case like this where there may be elements of the public that could still be at risk. obviously the priority for fbi is finding out are there any other co-conspirators out there. there's important information that can be gleaned about this plot and any prior plot. they wanted to keep the suspect talking. in light of what has become public and without confirming the accuracy, if he is telling

investigators that he purchased these weapons because he felt that if farook did it would draw attention or he couldn't pass the background check, he's a straw purchaser but i would be surprised if that were the sole issues he has to contend with legally. it sounds like there's a lot more risk in terms of his exposure. >> congressman, explain this. it does sound from investigators as though this guy could be a gold mine. he told them about the pipe bombs and how they did it and what they were capable of and he supplied the weapons. what happens then? does he get charged and does he go to prison or is he seen as a key witness? >> i think he very well may be charged and the prosecutors would look at a range of charges and a negotiation about whether he would be willing to plead and will to continue cooperating. i have to imagine if he checked himself into a mental

institution of some type, his lawyers likely to make a defense based on his mental state or his mental capacity so that's something that prosecutors may have to deal with. again, i'm speaking as a former prosecutor here and not on the basis of anything we've been briefed on. i can see that being the likely course of at least his legal case. >> as you know on tuesday night at the cnn debate all sorts of national security and terrorism issues came up. basically many of the republicans blame president obama and even secretary of state hillary clinton for not keeping the country safe and better protecting americans. let me play for you what ted cruz said about some of this. >> president obama and hillary clinton are proposing bringing tens of thousands of syrian refugees to this country when the head of the fbi has told congress they cannot vet those refugees. >> congressman, where do you fall on that issue of whether or not it is safe to bring refugees

or whether or not our vetting system is just wildly flawed. >> i think it is safe to bring refugees to this country. we've been doing it since 9/11 and have brought hundreds of thousands of refugees here and done so very safely. ironically for all of the attacks on the refugees, these people who are fleeing isis, that has been one of the most rigorously vetted programs that we have. if you're going to pick one way to get into the country and you pick the red the refugee progra picked the most difficult way to get here. we are now cracking down and toughening up. it's a peculiar population to pick on but a very vulnerable population that doesn't have many advocates. i do think you saw a few things during the republican debate. you had three categories of gop candidates there. some who were clearly out of their element and really don't belong in a discussion on

national security and didn't know much about what they were talking about. another category that was filled with reckless bluster about carpet bombing and barring all muslims from coming in the country and killing family members of isis and another category wants to adopt the strategy of the president but call it something different but those are categories that we heard during that debate. >> congressman adam schiff, thank you for joining us with your perspective on this on "new day." let's get over to chris. >> we have big economic news. the fed is hiking its key interest rate for the first time in almost a decade. so why now and why this isn't necessarily bad news. we'll explain coming up.

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us stocks and the dollars are up as the fed raised rates for the first time in nearly a decade. it is a move that will effect many. i was thinking about this. there are some millennial sitting here watching "new day" -- good morning. >> good morning. >> they have not seen this in in their financial lifetime. why did this take so long? >> the economy's been weak almost a decade now. we're coming out of the biggest financial crisis in 2008 since the great depression. so this has been a really unprecedented period. and there is an entire generation of kids out there. i'm dating myself here. but we all came of age when credit card debt rates for high. and it cost you a lot to get out of debt. so when interest rates have been at zero for as long as they

have, i think that there is going to be some really interesting behavior shifts that might happen now as they start to creep up. >> the adjustment was minuscule. quarter of a percentage point. why so small? >> because we're waiting to see what's going to happen? janet yellen made the point that look, we haven't done this in a long time. the last time we hiked rates was in 2006. the iphone wasn't even invented then. there was a world and rates were higher. >> does that mean we could see other slight adjustments going forward? >> yeah i think that this year you are going to see mortgage rate, auto loans, you know, interest rates on credit cards start to hike up a little wit. but i don't want to panic anybody. this isn't going to be fast and that is one of the reasons that the markets are taking this so well. >> wall street generally how to do they react? kind of amazingly. there's been a rally not only in u.s. stocks but global.

europe is up and emerging markets are up. that is unusual. usually when rates go up stocks go down because borrowing costs are expected to rise. but i think what's happening is this hike has sort of put a floor under the financial crisis. it is saying okay, we're moving on. we are beyond that point. the economy really is getting stronger. >> so how does that then effect 2016 plans for folks thinking hey we need to buy a house. it is time for us to do that. does it make sense? do they need to rethink that plan or adjust how they do it and same with a big purchase like a car. >> yeah well it is still a good time to get a mortgage, still a good time to get a loan. rates are still historically very low and they probably won't go up by more than a percentage point in the next year, year and a half. but it is time to start thinking where do i have debt? where can i pay down debt? particularly on things like credit cards. anything you can pay down now, you should.

in a couple of years you may beic looing at significantly higherer borrowing costs. >> in -- those are ways we can get ahead and be smart. >> and if you haven't already remortgaged and gotten yourself a low rate this is your sort of last chance before the door starts to shut on that. >> also the economic outlook, they are feeling positive. they feel that growth could be better than previously expected. also expecting the unemployment rate to go down. are you sharing the optimism. >> i think the recovery in the u.s. is stable but the thing about the economy is very bifurcated. there are two americas here. there are a lot of people doing a lot better, that have gotten out of debt and used this opportunity to get balance sheets in order. but there are a lot still struggling. particularly younger people. people of color have higher than average unemployment rates. that hasn't changed. and i think that is one reason why the fed is being so careful

about the pace. >> you mean they are paying attention to the little guy. >> they are. janet yellen is all about the little guy. this is somebody who grew up think aing about the stuff and she's taking that very much into effect. >> thanks for walking through that with us. a very happy holiday to you. >> and to you. >> we're felling a lot of news. let's get to it. >> i'm terrified. are we going to have five more mistrials. >> the judge declared a mistrial after the jury said they were deadlocked on all charges. >> we asked the public to remain calm. >> if we believe in justice, we must have respect for the outcome of the judicial process. >> everyone own that stage talks tough. >> bush is a person that's just not been able to carry it forward. >> donald trump doesn't talk about anything serious. he doesn't have any ideas about how to keep america safe.

>> the force awakens. >> we're seeing interest in this film unlike any interest in any other movie made. >> the biggest premiere of all time. >> we want as many surprises as possible. >> i think you are tearing up. am i right? >> yes. >> this is "new day," with chris cuomo, alison camerota and michael ra pereira. good morning.a pereira. good morning. senators ted cruz and marco rubio following up on their attacks after squaring up in the debate. >> and donald trump taking sites on jeb bush. skbe also heard something surprising from the front runner. tell us. >> there was almost a tone of humility coming from donald trump in this lant interview. he's talking more like a front

runner.te night interview. he's talking more like a front runner. but of course he could still not stop himself from taking a couple swieps at his rivals. >>pes at his rivals. >> a change in tone. on jimmy kimmel overnight a bit of self reflection. >> i would like do see the republican party come together. and i've been a little bit divisive in the sense. >> a little bit. >> the. >> do you think jeb bush is scared. >> i think he's scared. >> too nice to be tough. >> do you think he wants to run for president. >> no. he was a happy warrior but he's never been a happy warrior. >> do you think he would kill baby hitler? >> no, he's too nice. >> reporter: hours earlier trump was decidedly unfriendly.

>> rand paul who doesn't have a chance. what is he doing? i don't care anymore. we have to get the right people in. i don't care. i don't care anymore. we can't have a continuation of this stupidity of this incompetence. we can't do it. we have carolyn kennedy negotiating trade pacs with japan. >> reporter: this as marco rubio and ted cruz continue battling it out. after going head to head the two first term senators defending their tough talk. >> if someone launches attacks and the attacks are false and knowingly, tham going to tell the truth. >> while rubio retains his fire on democrats. >> we had a debate that was substantive. it got into the guts and there are some differences between the candidates. i like everybody running if are president on the republican side. i really do. none of them is a socialist. none of them are being investigated by the fbi. >> and this morning it looks

like donald trump has new fan. reuters reporting russian president vladimir putin was speaking to reporters and called trump the absolute leader and says he welcomes comments about having a deeper relationship with russia. back to you. >> let's bring in jeb bush's campaign manager, danny diaz, early christmas wishes to you and the family. >> you too. >> tell me that i'm right about something. the moment when donald trump says to jeb bush, am i talking? or are you talking? and jeb bush keeps eye folks on him and says "i'm talking" in your mind was that a moment not unlike rocky scenes where at the end of a round after taking a beating rocky looks at the guy and says bring it on? >> i think governor bush demonstrated on tuesday night he's the guy that is ready to be president of the united states. he's the guy that is willing to stand up to donald trump and

challenge the totally unserious nonsensical and ridiculous things that he says every day. the other candidates were watching as governor bush laid out credibly why he can and will be the next president of the united states and while donald trump would be an absolute disaster if for republican party. >> respond to criticism. too late. he was good at the debate. too late though. he has built in negatives. it's baked in. his numbers are what they are. >> well political conventional wisdom hasn't been right yet and i don't think it is in this instance. the reality is that two-thirds of voters haven't made a decision. won't make one until the final week. 25% of new hampshire voters don't make a decision until the final day. governor bush is the person prepared. he is the most ready person to be president of the united states. he demonstrated that. easily passing the commander in chief test on tuesday night. none of the other candidates can say that. his body of work and record over

his life demonstrates that. so from our perspective, we get to the point voters are picking a president, we're very confident that individual is going to be governor bush. >> danny diaz, while it pains me to acknowledge this, alison c alisyn gotting so very interesting. take a look. >> the performance side is not why i'm running for president. >> and not the part you are comfortable with really that it has to be a performance. >> it is not. we're the greatest country on the face of the earth. we need a president that can unite us around a set of purposes and debates are important because millions watch it. i get that. but performing is not what a president does. leading is what a president does. >> the truth is i had that question written on a piece of paper in my lap. alisyn read and it then asked it. but i don't think i've ever

heard a major politician say i don't like this performance aspect of what happens in these debates but i guess i have to do it. explain what goes on in the head and heart of jeb bush when he's up on the stage? >> i think from jeb bush's perspective he looks at the current occupant, 1600 pennsylvania avenue and sees that we have a performer, a performer who hasn't delivered. you look an this debate stage and you see a reality tv celebrity. you see u.s. senators who haven't done anything other than file amendments and give floor speeches. a lot of performers. a lot of actors. a lot of talk. a lot of showman ship. very little accomplishment. very little leadership. very little preparedness and readiness. and this is a controversial time for our country. we need someone who can take the heldme helm. and lead. and jeb bush understands he's that guy and is going to continue to work through the

process. this is a leadership test and at the end of the day when voters look at the candidates they are going to see he's the most prepared and this is a very consequential time. and we're looking forward to it. >> the challenge is you can't see preparation. you can't hear preparation. you can't feel these things. and as, you know, politics so much about perception. the optics. visceral responses. how does jeb bush and his team convince the voters he is tough, he is ready, he is not what criticalics call him? >> by laying out soeber and serious proposals. we're going to continue to remind voters. we have confident in the voters. governor bush was elected twice.

he has confidence in voters they are going choose the person who can do the job and that is going to eliminate the other folks on the stage. >> best wishes again for christmas and look forward to seeing what happens in the new year. >> thanks guys. >> we have breaking news about the friend of one of the san bernardino terrorists. prosecutors are expected to charge enrique marquez over the two military style rifles used in the attack which killed 14 people. >> the federal charges against him expected to be partly based on the fact that he bought these two ar-15 style rifles used by syed farook and his wife to carry out the san bernardino attacks. marquez had been doing voluntary interviews for about a week now. and officials say he admitted he bought the rifles for farook because farook was trying to avoid getting scrutiny.

he owned another three guns. federal law makes it illegal if the purpose so evade a background check. marquez checked himself into a mental health facility right after the attacks and has told the fbi he knew nothing about. this he waived his popularities and has provimiranda rights. and he said he and farook plotted a 2012 attack they ended up not carrying out. and pipe bombs as a hobby. and investigators also found 19 of the devices. some were incomplete at the home of farook and his wife. >> just incredible. thank you for that development. meanwhile the family of fred

grdy gr gray. >> reporter: we know attorneys will meet with judge williams in his chamber to look at a date for a retrial today. in the case there were two sides but both agreed on one thing. freddy gray suffered a horrific neck injury while in the custody of police in that transport van. the prosecutor said that the defendant william porter knew it. he asked if he needed a medic and gray said yes. but he did nothing about it. in the end the jury was not unanimous on any of the four counts and the community responded. protesters voiced objection over the mistrial in the death of freddy gray.

>> we are hopeful that they will retry officer porter as soon as possible and that his next jury will reach a verdict. >> porter is if first of six officers facing charges in the case that brought the stoi a standstill last spring. baltimore erupted in days of unrest back in april after gray was loaded in the back of a police van and later died from a spinal cord injury. prosecutors argue that even though porter did not make the arrest or drive the van he failed to secure gray's seat belt or call a medic quickly enough. he faces charges of the involuntary manslaughter, secondary assault and reckless endangerme endangerment. some say the charges were too

strong and hard to prove. frustration outside of the courthouse for what this could mean for the other officers involved. >> i'm terrified. are we going to have five more mistrials? >> reporter: in a city already on edge. >> we also want to be very clear about potential disturbances in the city. we are prepared to respond. >> reporter: but last night the family attorney was hopeful. >> in 70% of the trials brought again on the same evidence, the prosecution wins. >> announcer: and the defense renewed their motion to change venue before and even during this trial. but now it will be in the hands of judge barry williams if this community should be given a second chance. al siisyn. >> according to the orlando

sentinel all four theme parks have installed metal detecters in florida. the parks are also going to stop selling toy guns and will not allow people older than 14 to wear costumes. security has been a concern following the deadly attacks in san bernardino and paris. the navy announcing purple hearts posthumously awarded to four marines and a sailor. the victims are eligible because the fbi is labeling the attack an act of terror. >> now to some un"bear"ably cute video. bebemaking his first appearance.

17.5 pounds. but he slept through much of his big debut. zoo keepers say he's heavier and walking sooner than his older sister. that is fantastic. he's also developing faster that be his older brother. bebewill be ready for public next month. like a stuffed animal brought to life. >> do you know what you are doing? >> what? >> you are giving people a false impression that leads people -- often drunk -- to approach the cage and then this happens. look at this. the panda.

he's trying to teat man. >> and disrobe him. >> yeah. >> any time we have a panda story, he always has that story at the ready. >> panda bear. panda "bear." all i'm saying is this. it will eat your face. do you understand? >> he will not eat your face. >> do you understand? >> he is not -- >> pandemonium onset. >> late night laughs the cat in the hat becomes the trump on the stump. >> what? >> stay with me. homage to donald trump. his team putting together a mock childrens book called winners aren't losers. take a listen. >> winners aren't losers. they are winners like me. a loser is a loser. which one will you be? winners do deals and winners get rich. while sad little losers just sit there and pitch.

>> could be a big seller. >> my daughter loves this. the dog is a loser and frankly i pity it. this dog did bad deals, this dog is an idiot. and poor mr. bear, he must feel like a loser, valeting that 2006 pt cruiser. here are some frogs i do not like at all. we must kick these frogs out and then build a wall. oh the places you'll go on your yacht, on your plane, with your suits from millan and wooifs from ukraine.ives from ukraine. two kinds of people. >> could this be a potentially candidate for -- >> it should be. that is hilarious. >> well crafted. >> i've never seen donald trump laugh so hard. he loved it.

>> and he was [inaudible]. >> i don't even see it as a work of fiction. >> autobiography. >> oh my, oh my. >> that was great. >> excellent job guys. >> nice to have a little levity. the mistrial in the freddy gray case. is the hung jury good news or bad news.

we know the family is disappointed this didn't go further in the case. but they did put out a statement and i want to read it because it was advising the city of baltimore. "we thank this hard-working jury for that you are service to the public. we are not at all upset with them. neither should the public be upset. we ask the public to remain calm and patient. we are calm. you should be calm too. mr. murphy, how are they feeling this morning. >> exactly as you said. they were prepared for this possibility. and they simply want justice.

and so they are looking forward to the next trial of officer porter. and they hope that the jury reaches a verdict. whatever that verdict is. because only then will there be justice in this case. >> when you say the next trial of officer porter, what makes you so confident that there will be another trial? >> well, what i understand from many reports yesterday is that the prosecution is meeting with the defense in the judge's chambers. and they are going to set a trial for the next trial with mr. porter. and that may effect the schedules of the other defendants. it is not for sure. but it may. and this is an interesting opportunity for the prosecution to redo its case, strengthen its case. and as they argued in the courtroom in their closing argument, they believe that mr. porter lied when he took the

window on several occasions. and i would not be at all surprised that they add those charges that he lied under oath to the existing charges. very interesting development. >> and you say this is an opportunity for the prosecution to strengthen its case. that suggests that you think they went wrong somewhere. what do you think wasn't strong enough? >> no no no. no one ever tries a perfect case. and every -- every case involves mistakes on both sides. and without discussing with what those mistakes might have been -- because i'm not in a position to do that -- everyone wants a second chance to do it better than they did it the first time. so i don't mean to imply that the prosecution did less than an adequate job or defense did less than an adequate job. the defense is certainly not going to do the same thing it did before. and so both sides are going to make adjustments. >> let me read and remind

everybody what officer porter was charged with in in particular case. involuntary manslaughter, second degree assault. reckless endangerment and misconduct in office. and interestingly the jury went hung on all of the charges not just one. how could gnat not reach agreement on any of those? >> it is a normal part of the process. about 5% according to what we've ready in anticipation of these questions of all trials end in hung jury. and that is a jury unable to agree on the verdict. and that does not include partial verdicts. sometimes juries say we've been able to agree on count 2 but not the others or count three and not the others. but this jury, as is typical in many of these 5% cases, didn't

agree on anything. we don't know where the breakdowns are. and the breakdowns if somebody ever discloses it will be interesting. because it will inform both sides of whatever difficulty they may have had in persuading a majority of the jurors or all of the jurors to acquit or convict. >> as we know from the medical examiner, freddie gray was shackled but not seat belted. and what came out during the trial is that the officer said that he hadn't been trained to seat belt somebody in, in the back of the van. first of all do you believe that, that this was an error of training? >> well it is a remarkable statement that a person who seat belts himself every day can't seat belt anybody else. and that that is another area where i think the prosecution in

its closing argument expressed real concern. and that was about porter's statement that he did not belt him because he felt in fear of his safety. they pointed out to the jury that when he first talked to the police they said that he did not feel freddie gray was a threat. so the specter he may be charged with making a false statement is out there. >> what makes you think if they do go forward with a retrial that the outcome would be any different? >> because it usually is. again, the data suggest that in the majority of the cases where a prosecution retries a case after they have been a hung jury, they get a conviction. so it is a fresh slate this in front of a new group of people. and remember each juror brings in his own personal experiences and through that lens of how that juror has learned to live

life, that juror focuses on evidence and decides which of that evidence is most meaningful to him or her. so each jury is different. each individual on that injury will be different. and therefore there may be a different result, even if the case is tried identically. >> how do you think that the outcome here thus far will effect the other five officer's trials? >> minimally. jurors are going to be selected who pledge to the court that even if they have opinions about various aspects of what happened here, that they can set those opinions aside and base their verdict solely on the law and the evidence. and most of the time jurors are able to do that.

it is not always the case though. because we have an old saying in the criminal law system that more percentage i have committed during jury selection than during the trial. because people are sometimes reluctant to tell the truth about how they feel. so that's why jury selection involves careful questioning aimed at revealing hidden or known biases in the mind of each perspective juror. >> mr. billie murphy, thank you for joining us on "new day." we'll watch with great interest what happens next. thank you. what are your thoughts? tweet us @new day. or on facebook.com/new day. >> a new threat is emerging. how can an attack be

orchestrated by typing just a few words? and what thoughts are doing to stop it. woman: it's been a journey to get where i am. and i didn't get here alone. there were people who listened along the way. people who gave me options. kept me on track. and through it all, my retirement never got left behind. so today, i'm prepared for anything we may want tomorrow to be. every someday needs a plan. let's talk about your old 401(k) today. rightabreva can heal itold sore, in as few as two and a half days when used at the first sign. without it the virus spreads from cell to cell. only abreva penetrates deep and starts to work immediately to block the virus and protect healthy cells.

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time now for the five things

to know. number one a hung jury in the trial of officer william porter, lawyers in court this morning to discuss a new trial date. republicans are back on the stump, following tuesday's debate. donald trump telling jimmy kimmel he hopes the gop unifies but still knocking jeb bush. ted cruz and marco rubio standing their ground. and learning marquez will be charged in the rifles he purchased and used in that terror attack. ceo of the drug company that received intense backlash for gouging the price of a life-saving pill now reportedly facing security fraud charges. linked to a bio tech firm he

founded. star wars episode vii breaking pre sail records. screens start at 7:00 p.m. tonight. hope you will be there. for more on the five things to know visit "new day" cnn.com for latest. after 14 years its happened, abby wambach finishing her career as one of the greatest soccer players ever. >> sad to see her go she has more goals than any man or woman in history of the u.s. the u.s. would lose to china but that didn't slow the showing of love and respect for her after the game. even president obama tweeted

congratulations on an incredible career abby. after seven straight road games the player of the month for november november, steph curry and his warriors returned and put on a show. looking like the harlem globe trotters out there. the star of the show though, klay thompson, 42 on the night. looking for revenge friday against the bucks. questions about donald trump seemed to put tom brady in a bit of a stumper yesterday. take a look. >> how do you feel about people criticizing your relationship with donald trump. >> i don't think about it much.

>> -- [inaudible]. >> like i said. i'm just here to play football. >> probably a smart move by brady, dodging questions. >> no one rocks a pom pom hat as well as tom brady. how many times have i said that. meanwhile the fbi director says isis is spreading its tent c kls on social media. we talk about it with a cia veteran next. the best of everything is even better

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we have breaking news. cnn learned the friend and neighbor of san bernardino terrorists will be charged today. the charges will partly concern the two military style rifles he bought used in the terror attack. joining us is bruce reidel, a 30

year veteran of the cia and author of jfk's forgotten crisis. thanks so much for being here. >> thanks for inviting me. >> let's talk about the breaking news, this neighbor in the san bernardino case, the one believed to have supplied the weapons to the two terrorists, that he'll with charged today. it's been interesting. it's taken them many days to charge them. and that is because we've heard he's been giving them a lot of information. how do law enforcement agents deal with somebody like this who is clearly guilty of supplying the weapons but he's also a great source? >> it is a delicate bargaining process. you want to get as much information out of this information as possible. he may know other islamic radical extremists they were in contact with. in the process you have to coax

him along. >> we've heard from our reporter that he has apparently been a gold mine. he's been giving them a plethora of information, including how they made the pipe bombs, etc. but he also checked himself into a mental institution shortly after the crime. so they are -- they can't tell how much of what he's saying is the truth. you were in the cia for 30 years. how do you figure that out? >> that is always a difficult problem. what you have to do is come up with corroborating evidence. perhaps they can find in e-mails, in laptops things that will confirm what he has to say. i'm sure they are look at his laptops and his e-mails as well as those of the two shooters. >> correct me if i'm wrong, you say that you had never seen anything like the tactics that isis is using now and the san bernardino case is just a perfect example of it. that they can just send out a message basically if you feel so inspir inspired, go and kill people. that seems to just be putting

this on a whole new playing field. >> both isis and al qaeda are realized that it is harder and harder to do big complicated plots like 9/11 with lots of moving parts. it is much easier to simply appeal to their followers to carry out random acts of violence. look at the impact san bernardino has had on the united states of america. it has become the number one issue in our political debate about who is going to be president in 2016. what did it cost isis to bring this about? nothing. all it had to do was put out some appeals and sooner or later they were going to find someone who was willing to respond to their appeals. >> and of course they are exploiting social media. the director of the fbi james comamy talked about how effective they are in using it.e they are in using it. >> the threat came from isil through social media, which has

revolutionized the way we all connect to each other. and they made it connect with terrorism. >> so that chaotic spider web, how does an agency like the cia infiltrate that? >> that is very very hard to do. that is why communications intercept, signals intelligence become so important. it is unlikely we're going to be able to infiltrate every muslim community in the united states nor do we want to nor should we do so. it is unlikely we're going to be infiltrating the top echelons somewhere if iraq. but we can intercept skmooun communications. with all the appropriate legal restrictions and court orders and everything but to have that capacity. the biggest strength is capacity to do signals intelligence. we've devoted decades of intelligence to this. and today about 90% we're

checking is being devoted to the counterterrorism problem. >> in tense times it is always interesting to look back and you have just written "jfk's forgotten crisis." what is the forngt crisis. we all rememb we. >> we all remember the cuban missile crisis. ballistic missiles in cuba and threatened american cities. at the same time as that crisis in the caribbean china invaded india and almost destroyed the indian army. john f. kennedy confronted two great crises. one in the caribbean and a second in the himalayas. the one in the himalayas has many more implications for today. the border between china and india is still not aagreed. it is the longest disputed border in the world. both countries now have nuclear

weapons and a third partner, pakistan has nuclear weapons as well. john f. kennedy multi tasked at a level that's hard to begin to grapple with and he did it brilliantly. if you realize he was dealing with two crises at once you realize just how fine an hour it was. >> thanks so much for sharing the book and your expertise with us on new day. >> thank you. >> can i ask you a question? are you bracing for the force? in a matter of hours star wars fans are heading to the theaters in droves to hook up with their friends aboard the millennium falk on what could be giant weekend. i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine, i talked to my doctor and found a missing piece in my asthma treatment. once-daily breo prevents asthma symptoms.

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i was rised to do one thing, but i've got nothing to fight for. >> nothing will stand in our way. i will finish what you started. >> i'm gripped, man. i just can't. this is awesome. star wars the force awakens officially starts tomorrow but screens start tonight at 7:00 p.m. eastern. one of the proudest and most exciting moments in our

company's history. could "star wars" smash box office records? joining us our guests. so far we know a few have had a chance to see it. what are we hearing? >> they are actually very, very positive. rotten tomatoes gives it a 95%. all the reviews i've read have been really kind of lauding the film, calling it the film that rinne vigts the franchise, that jj abrams makes this film mastfully. some of the reviews, a lot of them have spoiler alerts. so don't read if you don't want to get spoiled but they have been very positive.

>> are kids into the "star wars" franchise or is it just big kids. >> grown men going to the theater wearing masks and costumes can be odd. but the power is this good versus evil. light versus dark. that is a kids theme. and i think it appeals to them. jj abrams deserves all kinds of credit for what he's done with this film. >> the pre quells. >> right. resorting to the tried and true he really was in a good spot. so i they lot of kids are going to get in involved. these things are lived on videotapes and discs. the appeal is primal. >> fun question. who would you be if you were -- >> chewbacca. >> that is so not you.

[inaudible] who would you be? >> don't i have to go with princess leia? destroy that choice? would have been my choice. two words. r2-d2. >> harrison ford. >> r2-d2. >> and you? >> and you? >> the emperor. >> no complex there. >> star wars the psychiatric tool right here at the table. >> has a serious aspect to it. because we know one of the things people love about this is that the fact we get into it. we're all in. people come in costumes and toys and action figures. you often see people in costume but i know there are security concerns michelle. what have you been hearing about what certain theaters are doing or not allowing for the scree ?

screenings? >> well three of the big chains have put out a statement welcoming fans to come dressed up. but they are putting some restrictions. number one you can't wear masks. you can you can wear the costume but not the mask. you can't have face paint or bring weapons or weapon-like props. light sabers are pretty much out but they are saying you can bring them but turn it off. and they do want people to be calm and cautious overseas. in paris they also have some  restrictions as well because there is still that fear. so they do want people to have a good time but they recognize we're in a different time and space in the country so they do want people to be safe. >> two things. light saber, not real. >> tell that to my son. >> do you think "star wars" is the best morality play of the

simple bald between good and evil? >> i think it is the clearest morality play between good and evil. the idea of the simple clean cut world that is star wars versus the world we live in now. and all of this going on. and i'm also waiting for various characters. i would guess before lunchtime -- >> okay. last question for your michelle. if you don't have a ticket this weekend? are you just out of luck? >> no is the short answer but it is a little more complicated. the next part is where do you get a ticket? there are still tickets available. they are saying probably go online and try to get your

tickets. if you go to the theater you may be out of luck. if you get it online you know you have your ticket and you are in better shape. but the presales are at a hundred million now. and that is a lot of tickets sold. >> we appreciate it. the force is strong. >> what you should never do is buy a ticket for a different movie and then walk into "star wars" alisyn camerota? >> really? you sound like you have some experience with that. >> i'm lucky enough to duet a ticket every day because i get to sit between you two. however we have a very special good stuff coming up. ♪ deck the halls with barks from rudy ♪ (rudy barks)

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both made switching to eliquis right for me. ask your doctor if it's right for you. that is very special good stuff. a little girl gets a very special dog. this is 10-year-old tinna, legally blind. health problems her whole life. she wanted a dog for christmas. but not just any dog. >> i wanted disabled dog. >> she wanted a disabled dog.

int caram caramella. >> people would comment how gorgeous she was and as soon as they heard about her legs or handicap they lost interest. >> knowing it was a perfect mat match, the woman immediately gave the dog to tianna and her sister. >> she's still fun to play with even though her legs don't work. >> how is this christmas better than the others? >> the best. >> so beautiful. thanks chris. >> time now for newsroom with carol costello. >> thanks so much. have a great day. newsroom starts now. good morning. i'm carol costello. thank you so much for joining me. we do begin with breaking news. more than two weeks after 14 people were gunned down