detain bane ease are back on the front lines >> and chipotle ceo apologizing for sickening so many across the country but in the case of the e. coli, the restaurant has looked at every ingredient, they still have no idea what it is >> could be a bunch of different things. but first let's look at the stocks. what you were going to say maybe? >> who knows. we know this. the market can't make up its mind, it was nup triple digits now back down, but it looks like it's trading up as we come into the close. and as it settles, the only thing you can see down is oil and gold, oil's down, led the market down, that didn't happen today going in opposite directions. but, again, this is a market that can't find a direction for now. >> here's everything you need to know right now >> from gitmo back to the battlefield. a former bin laden operative is now al-qaeda, fox news chief correspondent catherine herridge has been following the story.

kathryn, how did this happen? >> well, david, we were not more than 30 feet when he was sentenced five years ago for serving as a loyalist to the al-qaeda leader and also a cook at the star of jihad compound in afghanistan. after two years of cooperating with prosecutors as part of his plea agreement, he was transferred to his home country of sudan and now reportedly in yemen taking up a leadership role with the al-qaeda in the arabian peninsula. this is the first time a former dainty has taken on this position from leadership group. check out this from 2009 other on dainties there on the left who was transferred out of the camp under president bush and tried to bring down a jet with an underwear bomb on christmas day six years ago >> more than 90% of those who have been transferred from bay have not reengaged in the

fight. but we are certainly paying close attention, even if we find unconfirmed reports about those who may have >> but this case really stands out because the obama administration had prided itself on having a better track record with fewer dainties to terrorism but a high profile return. one that potentially has a lot of impact because al-qaeda in yemen is the most active and able to hit the united states. >> incredible. catherine herridge, thank you very much, katherine. melissa >> is there anything that can stop donald trump towering in a new fox poll even after the proposed temporary ban of muslims entering the u.s.? peter barns is standing by with the latest on these new polls. wow, peter >> well, 35% is the magic number for donald trump. that's what he registered among republican voters in the latest national poll from cbs news and the new york times. also what the latest fox news poll for south carolina shows.

that's 35%, it puts him 20% -- 20 percentage points clear of his competition in south carolina, doctor ben carson and senators ted cruz and marco rubio coming in at 15% and 14%. and jeb bush coming in at 5%. that state is important because it's third in the nomination schedule but also the first in the south and while trump's comments on banning am i grants has been widely rebuked including by many in his own party, his stance appears to be helping him among the rank and the fire. trump lastly policy position monday arch, republicans in south carolina who were polled on monday and tuesday went for trump 38% this who were polled before he announced this position on saturday and sunday polled at 30%. now, part of the polling period for the new national poll from cbs and the new york times also came after monday and that poll cruz comes in in

second at 16%, marco rubio if at 9%, bush and christy each coming in at 3. melissa, back to you. >> wow, peter partners, thank you so much for that. we have breaking news right now. the fbi confirming that divers are searching a lake a few mild miles away from the san bernardino site of the mass shooting. fox news adam is on the scene, he's going to be joining us with the latest in a moment. dave >> well, back to trump. the backlash against donald trump for temporary band of muslims is growing overseas, pushing for parliament in the uk from bang him to coming to the uk has over 460,000 signatures from the britch people. trump's response, politicians there should thank him rather than quote pandering to political correctness. and some brits agree they've got a counter petition that says don't ban trump from the united kingdom, only has about 30,000 signatures so far and

that's below the amount needed for parliament to consider. melissa >> and trump now cancelation his trip to israel this after benjamin netanyahu condemned his ban. trump saying i decided to postpone my trip to israel and schedule my meeting with netanyahu at a later time after i become president of the united states. end quote. he landed this morning on fox and friends >> i didn't want to put him under pressure. you know, he said we have a meeting, and he looks forward to the meeting and all of that, but i didn't want to put him under pressure number one and i'm also in the midst of a very powerful campaign that's going very well and that was not easy to do. i could have done it, it was semi scheduled, but i decided i would really focus on this >> well, donald trump's plan to halt the acceptance of muslim immigrants until we find a better way of determining their risk has stirred up a furious protest by critics most of whom claim

such an exclusion is illegal and anti-american. but is that true? former prosecutor andrew mccarthy has studied these things, and he joins us now. andy, good to see you. thanks for coming. first of all, just to show how screwed up our policy, our immigration policy in terms of immigration is, we go back to the case that you prosecuted, the blind shake. very bad dude involved in a lot of dangerous stuff, even before he tried to get into the u.s. but despite being on the terrorist watch list in 1990, he was issued a tourist visa, now, the state department revoked it but despite that a couple of months later the ims gave him a green card >> right. >> well, then that green card was removed again. but then he filed for political asylum in the united states, and that let him wondering around where he spewed all kinds of stuff declaring it lawful to rob banks and kill jews.

it just kind of shows you how amnesty up the ins is and when you look at how tashfeen malik was operating and got into the u.s. despite her questionable background, it makes you wonder >> yeah. it's the whole system, the immigration part of it is most obviously screwed up because they actually have direct contact with these people. but, you know, it goes from the state department now the homeland security department on through. even with the blind shake i would point out that he actually issued the islamic law edict to kill president in egypt in 1981. yet they didn't put him on the terror watch list until 1987 >> and it goes on today and, in fact, one of the ways you got the blind shake, one of the ways you were able to hold him back was because of his belief in polygamy. isn't that correct? >> well, that was the reason they were ultimately able to prosecute him for immigration -- >> because -- >> but i had him under entitlement then >> right. but the hit against donald trump calling for a

temporary halt until we can figure out how to fix this temporarily broken system is you can't have anything against immigrants for their religious beliefs but look at this. this is the immigration nationality act. ineligible for visa are those practicing polygamist, any coming into the u.s. to practice polygamist, that's inadmissible. that's in the code. that has been used before in order to keep out immigrants and that is based on one's religious beliefs >> you know, look, as a matter of law, there's no question that classifications of any kind, whether they're based on ethnicity or religion are constitutional. now, that doesn't mean that they're good policy >> right. >> and it doesn't mean there are better ways of doing this but the people who is what trump has proposed is ununconstitutional are making a frivolous argument >> and you know that by making the portions of law in your own work in prosecuting terrorists >> yeah. the fact is the law

says what it says. we have a provision of the law that says that the president unilaterally can keep anyone out for basically any reason in his judgment that they should be kept out >> do you think congress will act in any way on trump's proposals? >> no. >> political quest >> no. because i think for the most part what republicans do -- and this is across a spectrum of issues they say, look, if obama won't sign it, it's pointless to go forward. i think you need to have these fights. but there are better ways to do this. there are a lot of muslims who want to be helpful to us, and there are supremacies muslims who want to impose their system and the trick is to find out one from the other. because we want to embrace the people who are pro western. and that's what you need to do >> former prosecutor andrew mccarthy, thank you very much. melissa melissa: fox business is gearing up for another historic night. we are hosting our second gop debate on january 14th in north charleston, south carolina. that is just two days after

president obama's state of the union address. you are not going to want to miss this one only on fox business. david. >> we will be watching that for sure. well, lately it seems our attention has been focused on threats from iraq, syria, iran, and russia, but meanwhile guess what north korea has been up to? we'll tell you about that coming up. melissa: and programs may be making it all too easy for terrorists to enter the u.s. what needs to be done to fix these major security flaws? on you panel will weigh in. >> and facebook ceo mark zuckerberg showing his support for the muslim community but having facebook crack down on posts from isis help the most? who would it help the most? who would it help the most? we'll discuss that.at rates busy hour it's a fact. kind of like playing the boss equals the boss wins. wow! put under a microscope, we can see all the bacteria that still exists.

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david: switzerland is under high alert and investigation is underway for four people suspecting to have ties to isis. fox news craig is in london with the very latest. >> another city is on high terror alert and once again could be in the crosshairs of isis. swiss officials are telling fox news that they've decided to put on a raised level of security this after suspect individuals in the city, they have told us they've launched driver or probe and they're trying to find four of these suspects. local media saying those four have links to isis are armed and dangerous. they were alerted by the u.s. the cia told us that they've had a lot of calls on this but no comment coming from the justice department. it was feared what was called a serious and imminent attack

with the european headquarters in geneva, a meeting was planned there tomorrow in syria be with involving, u.s., russia, and un officials. security at the complex is now on maximum alert, submachine guns are out for the first time there in a long time. and security on swiss borders strong as well, there had been reports a car with belgium registration and suspicious passengers in board crossed into switzerland in the last 36 hours. thought tied to the last month's paris terror attacks, conducted and planned really not that far away. finally, david, there is word that there was one arrest late today in geneva. it is thought this person could be tied to the threatened attack and as for that syria meeting planned for tomorrow, authorities aren't saying where it's happening. back to you. david: gregg, thank you very much. melissa. melissa: meanwhile kim jong-un is keeping busy in north korea, the dictator now claiming they have developed a

hydrogen bomb. oh, good. here to weigh in is steve of the heritage foundation. former military assistant to secretary rumsfeld, what do you make of this report? first of all, how much credibility do you give it? >> well, you know, the north korean's we know have regular nuclear weapons, a hydrogen device is much more powerful. it's possible they have it. we have not seen the scientific evidence yet. but with those guys, you've got to pay attention to everything because you know know what the heck they're going to do. melissa: yeah, so let's talk about the different scenarios. one thing could be he feels he's not getting enough attention right now in light of how focused everyone is on isis and the middle east and russia, we really haven't talked about the guy for a while. so that could be part of it; right? >> absolutely. he does do the little boy thing and if he doesn't get any attention from the world, he'll dream something up to get some. it could very likely be the whole genesis of this report.

melissa: the flip side is you can't under estimate what's possible and, you know, it is possible he does have it, what does that mean? >> well, it would mean that even with their fairly inaccurate missiles that they've tested, you know, a lot of people say, well, yeah, they really can't hit the target of a city with a hydrogen bomb, even more than a regular nuclear device, you could -- you don't have to be as accurate and still do a lot of devastation to some place like south korea or japan. that's a major alert, the intel agencies will be spinning to approve or disapprove this report. melissa: the other thing is who he could sell it to, they're in the league of a lot of people that are enemies, enemies of israel and the middle east, what is the appropriate response at this point? >> well, i think we tend to soft pedal on north korea a lot.

i think we should be putting more pressure on them to try and get them to at least behave. we ought to be engaging with the chinese very r get them to reign in kim jong-un as well. he's kind of their proxy, their satellite, they need to play a role in keeping him under control. melissa: all right, steve, thank you so much. david. david: freed to fight. exgitmo dainties returning to the terror battlefield. what would president hillary clinton do about that? plus a state of emergency severe storms hitting parts of the country. live update coming right up

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live look, it's a lake in downtown san bernardino, basically a city park if you will. there's still one diver in the lake at this point. another one has come out and basically taking off his gear. this diver has brought something over to the shores, right now probably about 20 offshore but come back over here a little bit closer, you're going to see a block with some twine and rope around it, orange and black, obviously been in the water for some time. is that involved in this case? potentially. i'm told that they're looking at possibly evidence thrown in this lake at some point. we don't know if it's involving the attack nine days ago or potentially another attack that we are told may have been planned back in 2012 by syed farook and his friend and basically relative enrique marques, but that was brought over here by a diver, it doesn't look like anything was attached to it, but something was attached to it at some point because a rope is tied around it. a diver is back out there, also we're hearing from

marques' mother. marques i will remind you is the individual who sold them the ar15s, related by marriage as well, and has been talking significantly to the fbi. not yet charged with anything, but i'm toll that is coming down the pipeline. his mother speaking in spanish and also in between sobs basically doesn't know -- she said i don't know how this happened, my world is upside down, my life changed wednesday, she said that they were friends and nothing more. she didn't provide a lot but obviously very emotional about what happens here and about her son being a major part of this terror case, david. what we do know is that this investigation around the globe in places like pakistan and europe but also places here very vigorous with the terror attack being only nine days ago and the funerals beginning today. but you'll see a diver coming back toward the shore, you're seeing this live here coming back towards where that block was. we don't know if they've found what they're looking for but they're clearly, david, looking for something involved in this case.

david: how did they happen to look for this particular spot to dive for? what gave them suspicions that there was something in here that might lead to the case? >> we don't know. they won't tell us. is it something they uncovered via digital communications or something marques may have told them? he has been telling them a lot, david, they have lots of information, that's why they haven't charged him, once he stops talking, they're not going to charge him at that point, they're going to hold off as long as he can. so did he tell them something about this, there were reports that he did tell them something, we don't know how long this planning process was in 2012 but there was a terror arrest in riverside county, which is right adjacent to here and might have been across knowledge to the four individuals arrested back then. we're told by the fbi that that arrest spooked these two guys and the attack they may have been planning didn't go forward. is this part of that? potentially. we just don't know, david, because they won't tell us

clearly. i asked if they're searching for bodies, they said, no, strictly evidence. and that's pretty much all they said. here comes a diver closer to shore, only about five, six feel feat off, right directly in front of that block. if you're going to assigning things into a lake, you're going to use a block. we'll see if he has something in his hands. david: looks like he's carrying something there. >> he's going to be holding onto the that's true keeps him connected to the sore schorr. david: let me ask you about those other cases as we're waiting for him to pull something up. weren't a couple of them or at least one of them involving a school? >> no, well, the school -- some cross information here with the school. so syed farook, you know, obviously was a health inspector and had been to a lot of schools and had photos of at least one school on his cell phone. we don't believe that involved the 2012 case but of course we don't know. the authorities told me they didn't believe it involved the 2012 case in any way.

they don't know why he had them on his phone. we don't know if marques has provided more information with regards to that. but, yes, he did go to a number of schools, went to restaurants, he was in their kitchens, i've heard several schools have taken post-it notes and put them over the signature, because they put the papers up on the wall to show it has been inspected in a timely manor. and his name would be on that, his signature would be on those papers and schools have taken them down or covered them up. and other schools have taken extra precautions as well. he's picking up that block, i don't see if anything's attached to it, but clearly they think this could have some connection to the case. he's rolling it over as you're seeing. you're seeing stuff tied to it. david: looks like there's something inside, i don't know if that's part of his retrieval mechanism or not, but as soon as they get more information on what they found, if anything at all, thank you very much. dramatic footage. appreciate it.

melissa. melissa: extreme rainfall in the pacific northwest, severe storms triggering a state of emergency in washington state and killing at least two people in oregon. fox news rick is in the weather center with more. rick. >> crazy storm. you've got to put all of this in context of the drought we've been seeing across the west and we had severe droughts just a couple of months ago here parts of western washington and oregon and that has been removed because of all the rain. and we still have the drought here, we want to get some of this rain down here into california and some snow, and i think we're going to get it. take a look at this storm. incredibly powerful storm bringing a lot of wind, wind 60 to 70 miles per hour and very heavy rain and it's one in a series of storms that have been pummeling the area, we have the one we're still dealing with today, we're going to get a little bit of a break and then tomorrow -- i should say saturday we get another one here this weekend and see another ten inches of rain, maybe a little bit more than that and some very, very heavy snow and dry out.

but overall we're getting a lot of moisture across the west. this is the potential rain and snow fall totals, the lower elevation and rain, but take a look at this, melissa, we might see three to five feet of snow in sierra nevadas and california, and that would be wonderful. melissa: thank you. david: then there's the crisis in chipotle. how the restaurant chain plans to turn things around and be the safest place to eat. melissa: yeah, okay. plus you better watch out or the grinch is going to steal your package. look at that. right at your doorstep. terrible. david: unbelievable you have two choices; the easy way or the hard way. you could choose a card that limits where you earn bonus cash back. or, you could make things easier on yourself. that's right, the quicksilver card from capital one. with quicksilver you earn unlimited 1.5% cash back on every purchase, everywhere. so, let's try this again.

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david: exgitmo dainty former bin laden. pleating guilty in 2010 with conspiracy charges two years later is from gitmo and now back calling on jihad in the u.s. in yemen. joining me now former george bush spokesperson, also fox news contributor steve is back with us as well. steve, i am now hearing that as many as 30% of the prisoners released from gitmo are back in some form battlefield condition. is that true? >> it's true and probably a low ball number. some of them we lose track of, and they only put them in that category when they know for sure that's what they're doing

so it's probably even higher. david: and yet, doug, president obama continues to release these guys. why? >> well, he made a pledge to close down guantanamo -- david: yeah, but after the evidence of more than 30% of those are returning to the battlefield, don't you change your plans? >> well, if you let me finish i'll tell you that i think he's wrong on the merits, and i say this, david not as a democrat because we're too partisan in the war on terror, it's a mistake, we should keep gitmo open, we don't need them released or in high security prisons in the united states. it is a profoundly miss guided policy of this administration. david: but, mercedes, i don't understand why he is doing it. and whether it's possible for somebody in congress to stop in light of the evidence that's been coming out. >> well, i think for president obama this is a political decision putting pressure on the pentagon and on the military to say we need to release these prisoners as

doug said it's a pledge that he made. and the thing is you need to change your strategy if you know that our national security is at risk. it was very clear with this last -- point of these last prisoners that was released that in the joint task force assessment it was very clear that he was a high risk, that there was a chance that he was going -- high chance that he was going to return into the fight and become a jihaddist. so this is of no surprise but he -- this president is so obsessed with closing gitmo, which making that policy which, again, puts our national security at risk. david: doug, would a president hillary clinton change that policy? would she put a stop to this? >> well, i don't know for certain, but i would bet she would approach things in a very different way and what she said on the campaign trail so far suggests to me should be a lot tougher and more skeptical than president obama. david: right. kind of related subject the visa waiver program opening the door for a lot of danger in the u.s. the program allowing people from 38 countries to come to the u.s. for up to 90 days

without the extra layers of security and after the deadly paris attacks, raising concerns among -- is it too easy for terrorists to get into the country undetected? and, steve, we should mention that at least four of the paris terrorists could have come to the u.s. on a waiver. >> yeah, we need to keep in mind, though, the visa waiver program only eliminates one thing from the process. it's the face to face interview with a first-term state department employee. all of the other database searches, all those things still happen and we get access to the databases of that country's law enforcement and intel. to be honest with you, the visa waiver program increases security, not decreases it. david: well, that's interesting. but, mercedes, putting all of this in perspective, it leads me wonder whether or not security is going to be the number one issue.

in 2016 is we get another year before the election but could it be that this is the one issue that decides the election? >> well, i think so far what we're seeing is that national security is playing an incredibly important role in the 2016 election. we still, again, have a year to go. but if we see another one of these terrorist attacks occur whether on the homeland or any of our european allies in these nations, i think that of course will remain very clear in the minds of these americans, even with the latest attack in california. it really raises these issues of not only individuals coming in from the outside but those homegrown terrorists who could plan these taxis. remember the san bernardino attackers, they were -- they were trying to plan an attack in 2012. again, something that we need to be very cautious of, and it's going to play a big role in this next election. david: no doubt, mercedes, thank you very much. doug, and of course steve good to see you all. melissa.

melissa: another story on our radar right now, democrats in illinois filing a bill that would allow voters in chicago to recall mayor rob emmanuel in the special election after days of protest demanding his removal. >> citizens have the right to recall their representatives elected officials because as we know we are -- basically watergate and we know rob emmanuel from our advantage point and many in the street is the nixon of chicago. so we have to do something, and we are thankful for the federal government coming in to look at the situation. melissa: things are getting heated in chicago. this after demonstrators shut down streets in chicago and called for the mayor's removal. the middle class is middle -- in the middle of a major shakeup. a new study finds that was once majority income class could be disappearing. we're going to tell you what's happening to it coming up next

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david: the rich are getting richer, the middle class is getting poorer according to a new pugh research study, according to the study the share of income held by the middle class has gone down 30% in the past 40 years. now, undoubtedly this is going to be used on the campaign trail as an example of why we need to tax the rich more but is that really the answer? joining me now steve moore distinguished visiting fellow and scott martin of united advisors, both fox news contributors i'm happy to say. scott, don't you think it's coming? someone's going to use this hillary or bernie, say we need to tax more and give more of that money to the middle class and the poor. >> yeah., david, they've already been using it and low and behold their predecessor barack obama has been using it for eight years. we must tax, we must regulate, we must kind of reenergize the middle class, and he also

says, hey, mr. and middle class, i'm doing that for you. and i think from the studies we're showing today, he's using that as currency to get votes for his side, and it doesn't back up in the numbers. david: steve, what does back up in the numbers is there is an income disparity that is growing that is increased, in fact, in the past six years with the higher tax rates and, in fact, we've gone back and the period from 1983 to 1989 is significant. because that was during the reagan tax cuts. those tax cuts kicked in 1983 as you know. in that period the bottom 20% gained almost exactly as much as the top 20% gained in income. so if you really want to balance the incomes, the best way to do it is across the board tax cuts. >> right. i've written a book on this, the big story of the income inequalities in the '80s and '90s you saw upward economic mobility, that was

the whole story of the reagan and clinton boom years which is the people who started out poor, a lot of them moved up, people in the middle class moved up to the upper middle class or the highest income class. which is good. that's what you want; right? so the middle class shrunk because for the most part people were moving up. now, what's happened, though, in the last six or seven years is that income mobility isn't happening so much. we are seeing more people from the middle class move into the upper category but, unfortunately, david, we're also seeing people in the middle class move down. so that is a problem because, look, that upward mobility seems to have stalled in recent years and that's a time when this president has made income inequality the central feature of his presidency and yet income inequality has gone up under obama. melissa: and. charles: and, scott, when we eventually hear that demand for higher taxes on the rich so that we can spread it among the poor and the middle class, should we mind folks that the

rich are already paying a far greater percentage of the income tax than they used to as a percentage of the hole? >> yeah. the argument was for the longest time of this administration that the rich aren't paying their fair share? i agreed with that. the rich are paying too much. upward mobility. you know what that is, david? that's a euphemism for incentive and if you're in the middle class and trying to rise and up trying to make more money you get disincentivized from high taxes from the government because whenever the government takes money out of your pocket, mr. and mrs. consumer, they spend it irrationale, they spend it ineffectively, and that hurts the economy more. >> you know, david, those people in the top income category, we know what they do for a living, some of them are lebron james, but most of them invest in small businesses. so when you hit that group, who do you think it hurts? well, it hurts them but also the person who doesn't get -- >> yeah, you got it.

david: good stuff, guys. thank you very much. gerri: walmart is setting themself up as a big competitor to apple, the retail giant planning for its own way for shoppers to pay with their smartphones in stores. launching a new mobile app walmart pay, gerri willis joins us now. gerri. gerri: that's right, melissa, you're going to have to stop thinking of walmart as an old retailer. guess what? they're going to be able to use your smartphones to buy goods in walmart. that's going to be a big change in stores all over the country and of course as you know walmart has been pouring money into the online sales. so walmart really giving itself a facelift here and making itself more presentable to younger buyers. and tonight's show we've got a lot of fun stuff coming up. lieutenant colonel bill will be here to talk about the guantanamo prisoner that is now leading al-qaeda, we'll talk about that and also some great year-end tax advice from

dominic. melissa. melissa: all right., gerri, thank you so much for that. david. david: and coming up we have good advice about how to buy a plane ticket. the cheapest day to buy it, we know what the most expensive one is as well. we'll tell you both coming right up you can't breathed. through your nose. . . . . breathe right

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airlines reporting corporations reveal tickets are generally priciest on fridays. bad day to buy while the best day of the week to buy is generally on sunday. melissa? melissa: the ceo of chipolte restaurants doing damage control after a norovirus outbreak in boston sickened 141 college students. >> this was a very infortunate incident and i'm deeply sorry this happened but procedures we're putting in place today are so above industry norms we are going to be safest place to eat. melissa: hmmm. this of course after an e.coli outbreak, totally separate, sickened more than 50 people in nine states that was last month. joining me turkel brands bruce terkel and scott martin, united advisors, also fox news contributor. bruce terkel, if there was a brand that needed your help cleaning things up so to speak. it was chipolte. what do you make of that appearance on "the today show"?

>> well it is all about what the guy in charge says of the as we've talked about on your show so many times, anything you sigh that you follow with the word but knee gates the apology. it is not i'm sorry but, but it is i'm sorry and. their stock is like internet consult but percentage. david: retail restaurant. you live bit sword and die by the sword. think need to get this well in hand and get their messaging straight. melissa: speaking of that, scott martin, like i said these are totally separate incidents. there is the norovirus and then there is ecoley. they have tested every single one of 64 ingredients chipolte uses and they still can't find the problem. that might be scariest part of the whole entire story. they don't even know what is causing the problem. >> that is a little frightening to bruce's point using the word, and, what you talk about after the word, and, this is what we do to fix it and this is what

caused it and it won't happen again. these days word travels fast and stomach viruses apparently travel faster. if not up to speed with the problem, every day and hour goes by you don't have an answer, you lose customers. melissa: i like all my food processed and well-processed. i went by chipolte they were act r tacked to the gills. i didn't go in but a lot of people were in. ceo of facebook, mark zuckerberg, if you're a us in him in this community as leader facebook i want to know you're always welcome here and we will fight to protect your rights and create a peaceful and safe environment for you. bruce, what do you make of this one? >> you know, this is really where zuckerberg is showing his leadership. the founding fathers made it very clear, it is not easy to be an american. it is easy to stand for freedom of speech when you believe in what's being said but the trick is to stand for it when you don't necessarily feel comfortable. it's a rough neighborhood.

he is demonstrating true leadership. i'm really impressed by this the let's face it, some things even a billionaire can't fix. melissa: yeah, i don't know about that, scott martin. do you agree with bruce turkel had to say. >> i'm surprised at you, bruce. i like the zuc. he has been a great boon to the stock lately. melissa, i'm kind of with you. i don't like the fact people will get stripped their freedoms. that is never good as he points out. hurts everybody if it hurts anyone. the point is his company along with twitter, social media, snapchat, those guys have to work with the government to help the government find these bad people. so far they haven't done a good job of it. that is leadership to me. melissa: bruce, my take these guys behind the scenes are a lot more helpful to the government than they say they are. they kind of go out and make statements like this, saying we're defending your rights. defending privacy, not working with the government. when you talk to them off the record and behind the scenes they say they are cooperating

and they are in my opinion being responsible in helping government track down people either connecting or are making threats or seem like they may be a danger. there is a point which, when free speech turns into, you know, that you're going to commit an act of violence and talking about it online with other people, that they have a responsibility as well, no, bruce? >> absolutely. and that's the fine line. we have to be very careful not to confuse the two issues. that's like blaming the man who invent ad car for a car accident or someone who rob as bank and use as car. doesn't mean the car desig and manufacturers don't make them safer and safer and work with the government but you still have to separate those two issues. other what happens, like public utility, when you weaken it, you weaken it for everybody. zuckerberg did not say it is safe place for terrorists or nor did he say we're not doing what we need to do is make it safe for everybody. we're not going to succumb to

bullying or succumb to racism. we're going to be american company. that is very clear distinction and we have to be very careful to respect the difference. melissa: i think it is marketing and nothing else. it's a meaningless statement. >> that's what i usually say. melissa: yeah. all right, guys, thank you so much. bruce and scott, thanks. david: good to have a little tension there. melissa: yeah. david: interesting segment. meanwhile the grinches who steal christmas literally. right now they're doing it, millions of packages, your packages taken away before americans even get the chance to open the box under the tree. more on this coming up. ♪ anncr: when the attacks come here...

...the person behind this desk will have to protect your family. will he be impulsive and reckless, like donald trump? will he have voted to dramatically weaken counter-terrorism surveillance, like ted cruz? will he have skipped crucial national security hearings and votes just to campaign, like marco rubio? 27 generals and admirals support jeb bush. because jeb has the experience and knowledge to protect your family. right to rise usa is responsible for the content of this message. david: might want to rush home right now to make sure your packages are on your porch. 23 million americans have had packages stolen from their homes. fox news's laura engle in wee hawken, new jersey with that story. reporter: have you heard the term, porch pirating.

it is happening in weehauken, new jersey. it comes in different forms. a crime of opportunity or more aggressive tactic people follow around delivery drivers and watch to see where the packages are being dropped off and swipe them when the coast is clear. man, that is just mean. you know cameras of course can help this sort of thing. but most thefts are not caught on tape like we're seeing in some surveillance videos we're showing you. insurance companies saying making sure you're covered is win step to protect yourself and customizing your delivery options. >> maybe that means upgrading shipping so you require a signature. that is one way to handle it. likely to cause an increase in the shipping costs. another is to specify very specific times, when you want the package delivered. perhaps only on saturdays or perhaps only after 4:00 when you're home from work. reporter: you can also take advantage of delivery arrest on the smartphone so you are notified when package arise, if

all the options don't work, most companies offer pickups at your local store. david: a lot of women doing stealing. >> i know, yes! that was something. david: i don't know what that means. >> that does it for us. "risk & reward" starts right now. >> new report that federal authorities could announce an indictment for the friend who aided the terrorists in the san bernardino massacre at any moment. welcome to "risk & reward." i'm gerri willis in for deirdre bolton. we'll have more details on the mysterious neighbor who helped get the guns that killed 14 innocent americans. enrique marquez legally purchasing ar-15 rifles will likely be indicted after having provided substantial information to investigators about farook malik and their acquaint nances. listen to this, fbi divers searching a lake in san bernardino. fox news's adam housley joins me with more on that. adam? reporter: gerri, this search