a frantic search right now for the gunman behind a deadly shooting rampage in istanbul.

35 russian diplomats are back on russian soil after the u.s. sends them packing following hacking allegations against the gremlin. and a notice absence on new year's day. queen elizabeth was too ill to carry out a decades long tradition. we'll have a report about her condition. welcome to our viewers here in the united states and around the world. it is 3:00 a.m. on the second day of the year here but as we like to say it's primetime some where. this is cnn "newsroom." thanks for joining us. the outlawed pkk says they were not behind the attack on the nightclub in istanbul a massive man hunt continues in turkey for the shooter who killed at least 39 people, young people celebrating the new year. most of those killed were foreign nationals. the gunman has not been

identified. this security footage shows him shooting his way into the club. so far there's no claim of responsibility. and reaction around turkey to yet another deadly, ugly terrorist attack. ian, hello. >> reporter: hi, natalie. we've just this morning seen people come to the side of the attack at the nightclub, they're leaving flowers offering their condolences. this is a attack that has previously shook the company. it raises questions about security. right now there is that massive nationwide man hunt looking for this man about at tack. was he acting alone? did he have help? this is things that the government is looking in to right now. we are able to narrow it down a

bit to the list of suspects with the pkk coming out and saying that they had no part in this. there is the executive board member speaking to a pro-pkk newspaper saying no kurdish forces have anything to do with this attack fblt the kurdish freedom fight is also the fight for democratization of turkey that's why we won't target innocent and civilian people. no kurdish forces would target civilians. and so right now that leaves one of the main perpetrators possibly of this attack being isis. isis has carried out a number of attacks here in turkey and all though they haven't claimed responsibility it does bear the hall marks of their style. >> and ian, of course, 39 people are gone now. now there's like 69 i believe wounded, what is this doing to

the psych can i and the resilience of the people there? >> reporter: when we -- after this attack happened, we heard immediately from the prime minister and the president vowing that this country would stand up against terror but turkey has been ralphaged by terror attacks over the past years by dozens and dozens of people. the night of new year's eve a night when people go out to celebrate -- >> all right, ian. thank you so much. we got lost our connection with him, but we're learning more about the nightclub victims, some of them at least 27 of the 39 people killed were foreign nationals including from the top left here a film producer from india, a 19-year-old woman from israel, a dual belgium turkeyish

citizen, at least 11 turks were killed including the young man you see in the lower right. there was one american among the 69 people wounded, the u.s. has identified him as william jacob rock. we turn to other news now in the u.s. cautioning north korea after leader kim jong-un claimed the country's close to testing a ballistic missile. the state department released a statement reminding him banning those tests, to refrain from provocative actions and inflammatory rhetoric. what are north korea's nuclear capabilities? >> reporter: it's important to check between the rhetoric and the reality, isn't it? we do know of course that they have nuclear capabilities, the fifth and largest nuclear test

carried out under kim jong-un in september 2016 not long ago at all. two nuclear tests last year alone, of course there was a response with sanctions but that doesn't seem to be stopping him. we do also know that the majority of their successful missile test and there were a number of those separately from the nuclear tests last year are short to medium range. experts believe the long range of them were unsuccessful which is good news if we're looking at whether or not they have the capabilities of launching an inter-continental ballistic missile. however in february 2u6 they did launch a satellite now experts tell us that that means that they could have technology to launch a long range missile, that is farther afield to reach other countries, perhaps even as an inter-continental ballistic

missile the name explains itself really so that is the concern that they do have that technology. but do they have the technology to reduce a nuclear warhead and attach to it well, kim jong-un says he does. >> is there any indication of when there might be a test? >> reporter: well, a lot of watches are the as early within the next few months. we do know from a very high level diplomatic deflection, the former deputy to north korea's embassy in london speaking here in seoul just a few days ago just before kim jong-un new year's day address saying that he is carefully calculating his moves right now. it's like a game of chess. he believes that kim jong-un plans to really proceed and progress as fast as possible with his nuclear development program by the end of 2017

according to and kim jong-un is timing this to be in line with president trump moving into the white house and the presidential election here in south korea which is due to take place sometime this year in 2017. but there is on the flip side i know i said that a lot of watchers are saying it may happen within the next few months, right now the political situation in south korea really works in kim jong-un's favor. he's not a fan of the conservative government here so he wants to see them out so he may lay low and stay quiet for the time being until the presidential election here. natalie? >> all right. thank you. indonesian police have contained the captain of a ferry killing 23 people. this comes amid allegations that he was the first to jump ship. the boat reportedly caught fire because of a short circuit in a power generator. hundreds of people were heading

to an island at the time. here's how one survivor describes the chaos. >> translator: thick smoke suddenly emerged blanketing the cabin. all passengers panicked. in a split second the fire became bigger. it was coming from where the fuel is stored. >> authorities say 17 people are still missing. we want to turn back to the istanbul attack at the nightclub. for more about it, he's the author of islam without extremes. a muslim case for liberty and i know we talked yesterday, the people in turkey were so hoping that 2017 would be different and to start the new year like this, are there any leads? is there any more information or from the video?

are investigators able to see who possibly carried this out? >> indeed, it was a horrible way to begin the new year in turkey. as for the attack, no, i mean, we know there was just one gunman who just walked into the club, he shot the police at the gate then just fired like many bullets and killed 40 people and injured more and he just left because there was just one police he killed the police then he killed so many people and he walked out. the cameras show his face but it's a very vague photo so he's hard to identify. so nobody claimed the attack either so it's a totally aanonymous terror attack. it's a typical isis crime, isis terror attack and turkey has been fighting isis in syria. it is a secular target, night

life, can be targeted. all this makes many nem turkey think this is another terror attack by this notorious group. >> this continues to happen in part is it because turkey continues to fight inside syria to push isis back, in fact, turkey has had gains obone time that would prohibit isis, that's their route they take, so as long as turkey's in syria it seems isis will try to retaliate in this hanius way, is that right? >> that is probably the case, i think turkey is -- turkey has troops inside syria and fighting against both isis and the kurdish rebels in coalition with russia lately so that is probably one major reason why we have this attack and retaliation against turkey and actually if you look at isis propaganda over the past few years, they began

condemning the turkish government as an apostate regime. narratives about conquering istanbul with their religious army so in that sense it's not a big surprise. but this also touched nerves in turkey between in terms of the rift between the more secular and the religious side of society, new year's eve was protested by islamic groups that is not connected to this attack but a lot of people also see that lifestyle was demonize and came this attacked so it's a very sensitive attack and what turkey needs to be united but for that we need more respect for all views and life styles and position and basic rules of liberal democracies. >> absolutely. we're seeing live video now from outside the club. it's got heavy security there, a

harp covering the front and it's just so surreal that this happened like right near a police precinct, right? do you know if the police were able to -- >> this is -- this is -- just actually two minutes away there is a police station but apparently the police didn't hear this right away because -- the sounds of the bullets it's really hard to go there from and survivors called the police, the police arrived very quickly actually but still seven minutes was enough for the shooter to kill so many people and vanish. some people jumped into the sea to save themselves because this big bar is next to the water. i mean, it's a horrific. some people said they need more protection at the gate. there was just one young policeman. he was the first victim of this incident. maybe there should have been more security at the gate so that's one discussion right now. but in any case, it is something

that you cannot foresee very easily. istanbul is a huge city, thousands of bars and restaurants, malls, stores and everything and isis is apparently willing to hit them when it can. >> and you can't put a protective shield up everywhere and these -- these attackers are such cowards to go in there and mow people down. >> i think the religious side of this discussion is important. isis is apparently acting in the name of islam, very distorted interpretation of islam, it was very good that topic cleric said right after the crime that an attack on this venue on this nightclub is like attacking a mosque. that's what we need against isis. this is a group that uses a very distorted psych copattic interpretation of islam and the

more we have islamic voices condemning their crime the more it losses its legitimacy. >> thank you so much for your comments. we hope there are better days ahead for turkey. the u.s. sends more than two dozen russian diplomats packing. the donald trump promise to reveal new details about it we'll have that coming up here on cnn "newsroom." ' you go. it's that splenda naturals gal, isn't it? coffee: look, she's sweet, she's got natural stevia, no bitter aftertaste, and zero calories. all the partners agree? even iced tea? especially iced tea. goodbye, sugar. hello, new splenda naturals.

france's president is in iraq this hour visiting french troops. the palace says mr. alan will recognize the progress made since visiting baghdad in 2014. u.s. president barack obama expelled them and imposed sanctions on russia for the hacking of political groups during the presidential campaign. u.s. intelligence officials say moscow was behind the hacking but russia denies it. russian president vladimir putin is not taking any action yet,

instead waiting to see what will happen when president-elect donald trump takes office. trump meantime is not fully on board with the intelligence community's conclusion. ryan nobles has more on the week ahead. >> reporter: president-elect donald trump will have a busy start to the new year. this week will be filled with meetings at trump tower including a high level intelligence briefings where the president-elect is expected to learn more about the alleged russian hack of u.s. interests. trump continues to down play the significance of the intelligence communities conclusion that the russian government is behind the hack. this despite statements from members of congress both republican and democrat who have been briefed on the matter and describe the evidence as overwhelming. during trump's posh new year eve's gathering the president-elect told reporters that he remains exceptical of their overall assessment. >> i just want them to be sure

because it's a pretty serious charge and i want them to be sure. they were wrong about the weapons of mass destruction so i want them to be sure. i think it's unfair if they don't noel aknow and i know a l about hacking and i also know things that other people don't know so they cannot be sure of the situation. >> what do you know that other people don't know? >> you'll find out on tuesday or wednesday. >> now in addition to trump's private intelligence briefing we could learn more about this alleged hack during the highly anticipated hearing of the senate armed services committee. republican john mccain who has a much different view called for the briefing. trump has three weeks to go to round out his staff before taking office. a few major cabinet positions are still open including secretary of veterans affairs and secretary of agriculture. ryan nobles cnn, washington.

>> a top aid says donald trump will repeal a lot of barack obama's executive actions on his first day in office. it's not clear which policy the president-elect will change, but trump has been critical of mr. obama's moves on immigration, energy regulation and foreign policy. after trump takes office republicans will start putting in motion an agenda to scrap president barack obama greatest legacy. it's going to be a long battle will. >> reporter: for the first time in nearly a dozen years republicans will control all of washington and their plotting a vicious agenda on capitol hill. a sweeping rewrite of the tax code, new infrastructure projects, a ninth supreme court justice and their top goal, a repeal of president barack obama signature legacy item, obamacare. >> obamacare repeal, resolution will be the first item up in the

new year. >> but republican leaders privately acknowledge it won't be easy especially repealing the healthcare law without a clear plan to replace it and in the aftermath of surging enrollment numbers for obamacare. >> what happens to those 20 million people that have health insurance? are you going to just kick them off and suddenly they don't have health insurance? >> the republicans will immediately try to pass a budget that will allow them to repeal much of obamacare including subsidies all on a period of time line vote in the senate. >> but some key aspects of the law cannot be repealed through the budget process including prohibiting insurance in denying coverage to those with preexisting conditions. conservatives determined to scrap the law are already warning of a revolt if

president-elect donald trump skepts anything short of a full repeal. >> i'm not going to agree with that. >> the process to replace obamacare will be even tougher, because republicans will need to overcome a senate filibuster meaning they'll need to the support of at least eight democrat to enact a new healthcare law. but the new senate democratic leader chuck schumer is already warning that his party won't help the gop replace the law. >> just repealing obamacare even though they have nothing to put in its place and saying they'll do it some time down the road will cause huge calamity. they don't know what to do. they're like the dog that caught the bus. >> to ensure people don't lose their coverage, gop leaders say congress will effectively delay the appeal from taking effect

until legislation is approved. a process that could take years. >> there needs to be a transition period. >> but that approach is only bound to cause tension with top conservatives who want immediate action. >> look, i think healthcare will be better and cost less when obamacare's gone so why would we take three years to get rid of it. >> reporter: republican officials tell me they're looking at a passing smaller healthcare bills that they hope can win some democrat support and aside from that, there's a huge fight looming over reforming the tax code for corporations and individuals and that issue is expected to dominant action on the hill adding to that though a slue of major fights including trump's pick for the supreme court and you can see trump's agenda can be filled with huge accomplishments or get bogged down quickly in capitol grid

lock. >> queen elizabeth skips a holiday tradition again due to a lingering cold. we'll have the latest on the monarch's health. why a member of a choir is not only refusing to sing for donald trump she's quitting the group all together?

you're watching cnn cnn "newsroom" live from atlanta. here are our top stories this hour. the outlawed pkk says it isn't behind an attack on that nightclub. a man hunt continues in turkey for an unknown shooter who killed 39 people shortly after they welcomed the new year.

the u.s. is urging north korea to refrain from provocative action after leader kim jong-un is close to testing an inter-continental missile. he referred to north korea as a nuclear and military power and said it will continue strengthening it's nuclear capabilities. 35 russian diplomats and their families are back in moscow. the plane carrying them landed sunday. u.s. president barack obama expelled the diplomats and imposed sanctions on russia in retaliation for the hacking of u.s. political groups. russia denies the accusation. queen elizabeth has missed a second holiday service due to a heavy and lingering cold. the 90-year-old monarch decided to skip the annual new year's church service on sunday after missing the christmas service a week before. phil black has the latest on the queen's health. >> reporter: a nasty persistent cold but nothing to worry about.

that's what we're being told after she missed the traditional new year's day church service. other royals did attend including prince phillip her husband. he appears to have bounced back while the queen is still recovering after almost two weeks indoors, out of sight, the same cold forced her to miss the christmas day church service. these absences are not insignificant. she is the head, of the church of england, something she takes very seriously. so we can only assume she has been feeling terrible but her advisors are going out of their way to tell journalist that she is doing okay. they're stressing that she still in residence. she hasn't been moved for medical or any other reason. they say she has up and about and they say she is working and still receiving the documents, the briefing papers that she has to stay on top of as part of her official role as britain's head of state. now they're doing this to ensure

there isn't any unnecessary speculation or perhaps exaggerated concern about the queen's health. they want everyone to know that it's just an awful cold but she is battling through it. phil black, cnn, london. i'm joined now by royal commenter richard fits williams. in that last line from charles black, just shows she's one tough queen, isn't she? what do you make of her missing both christmas and new year's? >> reporter: she will undoubtedly have been very grieved to do so. it is unprecedented. she is a deeply religious person and she takes these church services, obviously, something they're deeply personal to her, religion is something that's been with her all her life and of course she's supreme governor of the church of england, but it appears that she's just had a

particularly awful cold, because the princess royal, her daughter, mentioned to journalists yesterday that she was recovering, she was better. and we know as you've just heard she's been up and about and attending to papers and she appears to have participated in the family festivities, so it would appear that although one is naturally concerned, any person of advanced age who is unwell that there isn't a cause for any particular worry. >> we certainly hope not. do you think this was her call? do we know if it was her doctor's call to make sure her condition doesn't worsen? >> reporter: it would obviously seem that she's receiving all the attention that's necessary. i mean, what is coming out of this, obviously the queen at 90 it is a very advanced age.

what we're seeing put in place and this has happened actually for some time is that there are various intentions to lessen her workload and spread it a bit. i would add the queen is a tremendously robust person. it's extraordinary what marvelous health she's shown and indeed, the last time three years ago she postponed a trip to rome. she increased her numbers of engagements, i think it was 385 up from 337. now this is extraordinary and what we are seeing, no long flights, lifts not stairs, we're seeing changes gradually introduced where she's spending more time at windsor and taking it more -- in a more balanced way but as you see, the prince phillip at 95, he had a heavy cold will, i do think it is just a matter of getting rid of what

is lingering and that these measures are just precautionary that we've seen, in fact, we haven't seen the queen for sometimes. >> it makes sense as you say. she's 90 years old and increase her workload, wow, most people retire quite earlier than that, so we hope we'll see her early on in 2017 as she recovers. is there any more -- >> reporter: she certainly won't retire. one thing the queen will not do and that is abdicate. she has made an oath to serve throughout her life. she's done so is magnificently and that is what we must expect. >> yes, she's a remarkable. so no slowing down we don't think in 2017, that would be quite amazing. >> reporter: i suspect that as i

mentioned things will be spread around to make what she does easier, for example, which means standing for an hour. we won't see her do as many as those. other members of the royal family, possibly prince william and kate relocating to ken sington palace, more possibly prince george going to a london school so they'd be able to take on more royal engagements, expect changes of that sort but expect the queen to be i would hope most sincerely and expect on totally excellent form. remember, the chances are she's got, for example, a state visit to prepare for, probably from donald trump. >> right. that will take some preparation i'm sure. thank you so much for your comments. we're so glad that you were able to tell us she is slowly on the

mend. thank you, richard. >> reporter: thank you. >> with less than three weeks less in his terms, barack obama took to twitter. he wrote, from realizing marriage equality to removing barriers to opportunity, we've made history in our work to reaffirm that all are created equal. he continued, it's been the privilege of my life to serve as your president. i look forward to standing with you as a citizen. happy new year, everybody. and now the president is supposedly heading back from hawaii to spend out his last few days in the white house after his vacation. donald trump's inauguration is less than three weeks away. the mormon tabernacle choir has signed on but the attention is now on one member who not only refused to sing for trump she quit. here's her story. >> reporter: marching band around the countries are going to donald trump's festivities.

but a new controversy surrounding those performers. jane chamber lane a four year member a has written a lengthy public facebook posting that she is quitting the choir because it agreed to sing for the president-elect. it is with a sad and heavy heart that i submit my resignation to you and to choir. i simply cannot continue with the recent turn of events. i could never look at myself in the mirror again with self-respect. i also know looking from the outside in, it will appear that choir is endorsing tierney and fashionism by singing for this man. the performance is voluntary and the choir's participation continues its long tradition for performing for u.s. presidents of both parties. late friday chamber lane responded to criticism. >> i value in our country we have the freedom of speech under the first amendment.

for me this is not a political issue, for me this is a moral issue where i'm concerned about our freedoms being in danger. >> this coming just days after it was announced the legendary new york city rockettes will be performing at the inauguration. one rockette spoke out about the decision. the majority of us said no immediately, then there's the percentage that said yes, for whatever reason. the dancers union will be voluntary, madison square garden which employees the danzers adding, we had more rockettes request to participate than we have sliets available. >> it's not about the big names, it's about the american people and that's who will be represented all over this inaugural. we've got such an outpouring of support from all over this country.

>> cnn "newsroom" continues right after this.

s aas a new year begins, many people will remember 2016 as the year of so much terrorism across the globe. attacks claimed by isis in brus wills last march killed dozens of people including the wife and mother of one u.s. family. her husband and children recent spoke with cnn's barbra star about the massacre that changed their lives for ever. >> i'm pushing through it every day. it's difficult. to go through the pain but you have to look forward. >> for 18-year-old her brother and ster, there is utter devastation beyond the pain of burnt shap nel and broken bones. their mother gale was killed all four children and their father

air force lieutenant martinez were among the americans critically wounded in the isis terror suicide attack in the airport. he was back from afghanistan. they've been waiting to check in for a flight to go on vacation. >> local media are reporting an exchange of gunfire. >> 35 people were killed, 300 wounded when isis attackers detonated bombs, hidden in suitcases at the airport departure area. >> in their first interview ever, what isis took from them? tell me about your mom? >> i live every day because of her. i live every day for her to remember her and to honor her. >> she says her mother was

everything to the family. this young teenager is unflinching. >> i think it's important for me to talk about this, at 18, where you're supposed to be going to college, becoming independent, having been prepared for everything by your parents and then trying to learn for yourself what the real world is like, the real world slapped me in the face on march 22nd. and i'm not going to forget that. >> she was supposed to be in college by now. >> when i heard news that i was awarded an air force rtc scholarship the first person i told was mama. and she was so proud.

>> it's tough. >> reporter: lieutenant colonel martinez now raising four children on his own, grieving for his wife and recovering from his own injuries. n photos of happier times. >> i later learned that i took most of the slap nel. i didn't lose consciousness. i knew i was bleeding because i felt blood coming from my ear. >> reporter: martinez instantly feared the worse. my first instinct was to look for my children and my wife. i heard screaming and i found kiani. the fact that she was screaming i knew that she was alive, she was coherent. and i will went to look for her mom. i said i'll be right back. i went to look for her mom.

i knew i was bleeding out and my body was going into shock, so i closed my eyes and welcomed it. and i figured i'd join my wife and three kids. but as i was slipping away, i heard this little girl call out to me. daddy, don't you go. don't you leave me. and just when i thought i was indevelop pd by a darkness and ready to go to sleep, i heard her voice and decided to come back. >> reporter: then the unimaginable, gale, the love of his life was gone. >> the story i got from one of the first responders regarding my baby, the youngest one was that they found her in gale's arms when they got to her they told will her we got the baby

now. she's going to be okay. and that's when they -- when she looked up at them and smiled and closed her eyes for the last time. >> reporter: lieutenant colonel martinez would not learn the rest of his family survived until he woke up in a belgium hospital. initially he could not be moved out of bed to even see them. military buddies came to the hospital to make sure the children were never alone. >> they did shifts around the clock making sure that my children were taken care of and there was always a friendly face there. >> reporter: now, home is texas, the family is very slowly getting through its days. the two youngest, 7-year-old and her 9-year-old sister recovering from their injuries. now tiny master chefs in the kitchen. >> and then we're waiting for the rice so we can put it on top, smoosh it down to

straighten it. >> reporter: at physical they were 13-year-old loosens his burn scar tissue that covers his lower body so he can play sports again. this american military family grief stricken but honoring their mother killed by terrorists by recovering and regaining the lives they know she wanted for them. >> i see her in the faces of my children. i see her in this house. i see her in the people that come to help us. i see her in all the things that have been done for us to support us, to help us. all the good things that have happened. >> reporter: it's more than just physical therapy to climb this wall, for the martinez family, total determination to get to the mountain top and ring that

bell. >> that's what i'm talkin' about. this is cnn. breaking news. that beautiful story there it was isis that was behind the attack that took that family's mother and wife. we have breaking news just in that isis is now claiming responsibility for the new year's nightclub attack. let's go our ian lee who is there for us and all signs were pointing to them and now it seems they said they were behind it, ian. >> reporter: this all beared the hallmark of an isis attack and now we're hearing from them via a twitter statement. this was an operation carried out by one of their soldiers to attack one of the most popular nightclubs while christians were celebrating their holiday. it's important to note that many of these people who were killed and injured in this attack

weren't, in fact, christian, they were muslims. it also goes on to say that the government of turkey should note that the blood of muslims who get killed by turkey's flames and artillery, isis is saying they carried out this attack because of turkey's involvement and war against isis in neighboring syria. >> all right. thank you ian. and we'll be right back here with more news. rtners agree? even iced tea? especially iced tea. goodbye, sugar. hello, new splenda naturals.

singer mariah carry had another snafu during a performance. technical difficulties appeared to throw her off in the middle of new york times square. >> well, happy new year.

all right. her dancers kept going but the pop tstar couldn't hear the track. have a happy and healthy new year. los angeles welcomed the new year with some mountain side mischief. the holiday sign. the man seen in security footage and there you have it, it's holly weed. crews have taken down the tarp and the sign reads hollywood once again. early start is next for viewers here in the united states. for everyone else i'll be right back with more news.

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president obama defending his legacy as president-elect donald trump vows to repeal his policies. and trump says he knows things others don't. questioning the reports that the russian government meddled in the election. what does he know and what will he say? a manhunt under way. the man responsible for killing at least 39 people and injuring dozens in istanbul still on the loose and