the winter break. rating gets, the worse it is for bill: they will get an answer that party in the midterm real soon. elections. right now we've seen this have have a great day, we will see an impact and the only thing that's different this time tomorrow. "happening now" starts right now around is the fact that clock is i'm. jenna: a fox news alert. we are continuing to follow more -- has a lower favorability unconfirmed reports as explosives around harvard rating. jenna: things change quickly. university. we see that in news. take care of this year. i'll have a question for both of you. in six months, will they look completely different or do you think what's happened the last and this is part of the safety three months is so sticky, it and security of students and police are investigating this. stays with the american public and the administration? >> it can change dramatically. i think republicans have avoided that so far with the budget and we are going to talk to a gentleman who was evacuated from deal, for instance. a final and is now in the dining they might have a fight internally about it but that hall. please tell us what is stops another government shutdown which could have put it happening? -- put, you know, flipped things >> caller: that's right, i was in my dorm and just as we were around on them. jenna: but that's not even what

we're leading with today. getting ready to go to the exam, everybody is talking about obamacare because it is a bigger story. >> that's what i meant. that's one of the smart things the republicans did by agreeing on the budget that took it -- and that is pretty much the you know, we could have done that sea change move again where story. jenna: what are they telling you about the threat? there was a problem for republicans and we would be focused on the shutdown. they're not doing that this time around. that helps them in november. jenna: do you agree? >> next year is going to start off with a bang with stories >> well my friends got alerted about people who thought they and he came right over. signed up and don't have coverage, about who signed up, they thought for a private and they have said that they are insurance plan and got dropped into medicaid. doing the best that they can and people who are in medicaid that we are just waiting for word from them. don't belong though, people yums being higher, dedid you guctiblr so mark, are you just hanging out at this point are you and it will roll throughout the year. things do change in politics and allowed to go back to your dorm or class? change rapidly. this one is not going to change >> five minutes ago they opened up the yard again. for a long while and it will get worse throughout 2014 and by the 2014 elections, it will be in but the yard was closed for

about an hour and a terrible burden for democrats running and particularly those who voted for it. jenna: on that bright note for all of us that have health care, i'm just curious, i only have a minute but i would like your thoughts. you first and then joe, you get to wrap us up. what is your single biggest political story of 2013? what do you think is going to be the biggest story next year? >> well, i think the biggest story this year is the one we just talked about, affordable care act. it's a big, significant, domestic accomplish not and it's been an utter disaster. poll you talked about, 3% of the respondentd in the a.p. poll thought it had gone extremely well. 76% thought it was not well at all or not gone very well. that's a big difference. jenna: you think 2014 as well, that obamacare is it? >> 2014 is going to be what happens in the congressional elections, its going to be dominated by obamacare but other things are going to enter into it and the outcome of the election is the big story. jenna: joe, what do you think?

>> we agree on the first one. obamacare, a.c.a. was the big story of 2013. 2014, i agree with karl but i think it's the senate. big story is do democrats keep the senate or do reps take it? does obama take the democrats down or two republicans like they have for two cycles now, have a huge opportunity but they -- but miss the boat because of a split in the party? those are going to be the big stories of 2014 politically. jenna: wish you a happy holidays. thank you very much. >> merry christmas. >> merry christmas. [ fishing rod casting line, marching band playing ]

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>> it allows people to sign up after the deadline and allow them to retroactively apply to the whole month of january and it seems to indicate that they are worried that people wake up on january 1 or january 2 and they are signing up for coverage that they don't have. ... ... ... ... jon: many of them say, do whatever it takes, get the people signed up uninsured. jenna: absolutely.

>> up like get it done and we will deal with it later. and especially if they are getting covered during the first quarter of this year. but really, i think the biggest jenna: right now word of warning about common dietary supplements story over the course of that time is what is going on on the like your daily vitamin, fish oil, vitamin c, people take them back end of healthcare.gov. to maintain or improve our in terms of the communications between insurance companies and overall health. consumers in the white house. more often than not, supplements are not all they claim to be and >> the insurance are saying that there is lots of mistakes coming through the pipeline. can be dangerous sometimes. senior attending official at and this includes the efficacy saint barnabas hospital, they as well. >> yes, that is sort of the story of the obamacare rollout. said listen. expectations, including what is when kids have supplements, it creates an issue for us. happening and the problem has is it an issue for you in the always really been the back and. talking for weeks and even e.r.? >> it does. months not real problem was many don't see those as being

drugs. when we ask them, do you take any drugs, they're like, no. yet they could be taking products that are manufactured getting the information out to and don't actually contain in them what they're supposed to. the insurers and they were jenna: what would you want to know about? daily vitamin? >> multi vitamins are included saying that really you should in this category. you know, i would love to know just ensure that these people what vitamin supplements you're will be fine and as he said, it saying. many take vitamin c, calcium, things like this because they was really chaotic for the insurers and a lot of people are going to be left high and dry. read that they impact different aspects of their general health. >> with the deadline week away, jenna: why would you want to know that as a doctor? >> some of those substances in with christmas coming up, people are busy right now. high concentrations do interact with some of the pharmaceutical meds we give so it's important to know that. it will be interesting to watch. plus with the article, they were thank you for watching over the next week and we will keep an talking about pediatric cases. eye on her. thank you both. young children may be getting the wrong dose based on their >> thank you. weight, their age, their jenna: another big story today. a deadly shooting at a mall with metabolism. sometimes parents who are very well meaning want to supplement their kids because they're holiday shopping hours are to worried. young husband shot to death in jenna: you see huge aisles in an apparent carjacking after he and his wife were held at the grocery store with the drugs

gunpoint in the parking lot. you can take. david lee miller is live at the food and drug administration scene and he has some breaking doesn't regulate the supplements news for us now. themselves. >> and that includes botanicals. jenna: they're not tested for reporter: that's right, this is effectiveness? >> they're not tested. the parking garage where the there's a small percentage of incident took place and you can see there is a barrier set up them, less than 1 herself, that and the police have been on the get a u.s.p. brand or label and scene all morning. the shooting took place a little bit after 9:00 o'clock on sunday that means that they've been at night and the mall usually closes at that time. least tested to contain what they say they contain on the labels. remember, a lot of stuff is produced abroad as well when there's very lax investigation. two black men approached the couple as they prepared to drive jenna: i have a question for what we should do with away the man was shot in the supplements in the medicine cabinet. quick break. we'll be right back with more. you've reached the age where you've learned a thing or two. head and his wife was not injured. and we talked to a mall employee [ metal clanks ] that vertigo. ♪ this is the age of knowing what you're made of. >> i was getting into my car and so why let erectile dysfunction get in your way? [ gears whirring ] talk to your doctor about viagra. 20 million men already have.

ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; then i got in my car and i tried it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to drive away. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. reporter: one of the carjackers stop taking viagra and call your doctor right away drove off than in the range if you experience a sudden decrease or loss in vision or hearing. [ cellphone beeps ] rover. this is the age of taking action. viagra. talk to your doctor. that vehicle was found about 11 miles away in the city of new this is the age of taking action. i use my citi thankyou card to get 2x the points at the coffee shop.at the office, jersey. which will help me get to a beach in miami and they'll be stuck at the cube farm. the citi thankyou preferred card. now earn 2x the points dining out, with no annual fee. go to citi.com/thankyoucards >> yes, it definitely was scary. reporter: if you take a look at the small garage behind me.

>> thank you police made a gruesome discovery. we will update you on that coming up next. plus, the final moments of firefighters battling a record-setting wildfire this summer. their transmissions being released and we will have a live report. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes

and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? jenna: we just learned vitamins we take every day, supplements are not regulated by the f.d.a.

so what do you do when you have the bottles in your medicine cabinet? >> first speak to your doctor before you start taking supplements or vitamins. take the recommended dosages. don't think if two is good, four is better and stick with reputable brands, ones manufactured here in the u.s. that you buy in a general health food store or large chain store. that's the best advice. common sense as always. jenna: thank you very much. jon: right now, china is taking another big step toward becoming a major power in outer space. phil keating is live in miami with a look at that. >> after six decades of space dominance by astronauts and cosmonauts, it's time to get familiar with tykonauts because china is the third nation to be on the moon. k to earth inspiring enormousr

national pride in china. last time a spacecraft landed on the moon was 1976 by the then soviet union. while china plans to put up its own space station in 2020 and land after that, the u.s. continues to depend on russia to get astronauts up and down from the space station at $70 million a pop. but nasa plans to no longer rely on russia by 2017. that's when u.s commercial space companies are expected to take over the job of getting astronauts into space. currently up into space station, serious situation. nasa engineers are still working to fix the faulty cooling pump problem that showed up last week. nasa has yet to announce whether a risky space walk will be require this week to find it. orbital space from virginia will be making a trip tuesday night jenna: disturbing new audio from t. all depends on whether a the firefighting disaster.

space walk is necessary, if they nineteen granite granite do the space walk, it will have mountain hotshot fighter fighters were killed while to wait to take off until battling the wildfire back in january. jon: phil keating live i miami. june. it's a huge news story and how things have changed. certainly a huge tragedy for so we'll be right back. many families. now they have the final radio transmissions that may help shed some light. >> in this case, the audio recordings reveal the command post, which did not understand the changes. in contrast the tone of voice and the breakdown of communications. showing that tankers bombed the wrong targets and supervisors argue about who is in charge. some crews do not have maps and the radio traffic was intermittent. it was captured on a helmet cam. and the command post as well.

first time you hear that they are in trouble in the command says calm down. by then it is to late. [inaudible] [inaudible] [radio transmissions] [radio transmissions] reporter: they called the ground and said should we go in and they said no, we are saved. by then the sky was black. jenna: when they are looking at a recent review of this, did

they find anything new? reporter: there is chaos in any large wildfire. there is very little situational awareness. the crew died because of this fire. but a report revealed systemic problems and no one was sure who is in charge were warned the hotshot of the weather change. one take away could be they are required to wear gps trackers so the command post will know where they are at all times. they have been fined about $600,000 and the mother of one victim has sued the state and city and county for $6 million on behalf of her son. so we thank you. jenna: it is so tough to hear those stories. thank you so much. the. jon: in italy, mount etna erupts again. it is impacting the thousands who call it home.

and if you saw a cool picture that your friend posted on instagram and got envious, it is a widespread problem. jenna: does that happen to you when you look at my twitter account? [laughter] jenna: so you know the first [laughter] jon: not so far. christmas spent with winston the oner dog, i adopted him five months ago. [laughter] some call social media and the snowed over the weekend, i put and we will take a look. the top researchers are looking into it him in a funny hat. [ male announcer ] this is george. >> he locks so happy. >> it got me thinking that everyone likes seeing animals in silly costumes. if you have one send it to us. >> that is happening now. we expect your photos. >> we'll try to rupthem this week. thanks for joining us. big questions of obama care. americans that have insurance

believe it is making things worse for them. i am bill hemmer. >> and i am alisyn camerota. 70 percent of the people expect premiums to go up. chris is host of power play and fox. >> hi, ally. >> chris, it seems to be measuring the anxiety, notes inially what is happening but what people fear is going to happen. >> you can point out the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy.

♪

jon: europe's most active volcano is at it again. spewing tons of ash into the air, mount etna is closing the

busiest airport in sicily. so far, no evacuations have been ordered. jenna: researchers are trying to get to the bottom of what they call social media and be. it's not actually twitter, but it's instagram. but leaves a lot of us feeling jealous of other people, especially when you have dinner spreads or that perfect family photo. and instagram allows you to create the perfect light and tones are your memories are saved. and the university of oxford is trying to quantify what is known as fear of missing out. the acronym is fomo. so andrew, what brought you to this topic?

>> thank you for having me. i'm interested in why people choose to invest some of their time in social media as opposed to just meeting face-to-face. and this letup to my studies as one of the potential motivators. jenna: is the fear of missing out a real thing? >> yes, i do believe so. especially with really large international samples across the country. jenna: our senior producer has an amazing christmas tree and christmas setting. we will show some of those photo so we can all be jealous and have the fear of missing out on a greek christmas because this is what it looks like at his house. [laughter] so how do you quantify the jealousy?

or the fear of missing out? >> we made a questionnaire and there's a lot of statistics, thousands of people all around the world, and we are figuring out what is the best to be with a feeling of apprehension and you log into facebook. jenna: who had the most anxiety and fear? >> in terms of demographics, actually young man have the highest level. jenna: is that true? >> absolutely. and so basically people don't have basic psychological needs to satisfy it. it's a big don't always feel confident or connected to other people in everyday life. and those individuals are having the fear of missing out as well. >> what about one having this as

well and doing something you would like to do? >> well, i think that that is something that you are missing out with fundamentally. a reincarnation or a new twist on an old phenomenon. you might have to wait for that along with a picture along with their christmas card. and from the comfort of your own home, have a picture pushed to your smartphone. and i think in a way, that really kind of lowers the barrier of entry. jenna: why do they say to young boys or men are susceptible to that? >> that is something that we found in the course of our research and we are scratching our heads about that. and this includes teenagers and

younger as well. but it's entirely possible the young girls are good at using their phones for connecting and maybe young boys are lagging behind there. jenna: that is very interesting. and whether or not it is a sign of being insecure and i wanted to ask you about this. the cofounder of flickr, which is another sharing service had this to say about social media. she said that social software is the creator and cure of fomo, and it is certainly part of it. so does this give us the other effect? >> yes, absolutely. this is an interesting thing about social media. it encourages a lot of community and building your technical

skills. and that leads to a deepening hobby. and they kind of use social media because they are using it to kind of get away and they can really be an important psychological distance. >> i am on social media. >> okay, so you are on it. >> well, i am on twitter with my students and others are facebook and my family members and i always worried about that. jenna: do you have the fear of missing out? you have that personally? >> not recently. i'm quite content and i have a baby on the way. jenna: congratulations.

>> thank you very much. i have no fear of missing out. the next 18 to 40 years of my life are going to be quite interesting. jenna: this is a good lesson in this interview. so thank you very much. that is so great. we will look for you and your additional research and it's great to talk to you today. thank you. >> thank you, have a merry christmas. jon: we are following several big stories. it is a very strange story, her conviction later overturned and why a phoenix police detective is refusing to testify. also, you probably have seen this this year. but are they about to head south? some are concerned the federal

reserve will talk about what this means for your portfolio. we will talk about it next.

jenna: a quick preview of stories ahead this hour. wall street reaching the end of a profitable 2013. we'll get an expert's take coming up. new twist in the retrial of a mother accused of getting two men to kill her young son more than 20 years ago. why a detective who originally

helped investigate the case is now in the hot seat. and family guy fans rejoice. brian, the martini loving dog, coming back from the dead. did you have any doubt? we'll tell you what's going on with "family guy." jon: i had doubts. i did. growing concerns over obamacare that not only do people risk losing their doctors, they'll also have fewer options from which to choose. health industry experts say the private exchanges under obamacare are showing signs of the same sorts of problems you find with medicaid. chief national correspondent is live in washington with more for us. jim? >> good morning, john. that's right. those who signed up for private insurance on the health care exchanges are likely to have access to fewer doctors and hospitals so much so they may be competing for care with those on medicaid, health care for the poor. listen. >> indeed i think this will

eventually be like medicaid. only way they'll be able to control the costs in this is by simply clamping down on the amount they're willing to pay. >> to keep the prices of the insurance down, insurance companies have resorted to networks that pay providers far less than they pay, say, on normal employer network and these networks sometimes look like medicaid networks because they pay like medicaid. >> meaning they pay around 60 cents on the dollar compared to private plans and many doctors, some of whom already refused to see medicaid patients because they can't afford to, are also refusing to join the exchanges. >> the number of doctors are simply saying, i'm not willing to provide care to someone with obamacare coverage, both because i think controls are going to be too heavy and because the reimbursement rates appear like they're going to be very low and i don't want that in my practice. >> now, by the end of march, the

administration plans to increase the number of people on medicaid by nine million and another seven million in private plans but medicaid patients already have access to few doctors so expanding that population and paying less for private insurance raises the prospect of rationing as too many people chase too few doctors. >> these networks are going to be jammed with people, far more than they're treating now. and i don't doubt we're going to have some problems with access to the doctors. there just aren't going to be enough of them. >> so analysts emphasize having health insurance doesn't necessarily translate into access to health care and they fear that obamacare might provide the first but not the second. jon: if you've been waiting for a long time at your doctor's office, we can make expect to wait longer. >> or waiting to get in to see the doctor in the first place. jon: that sounds like it. thank you. jenna: we'll take a look at wall street now. you probably are seeing your portfolio rise this year.

here's a look what the market is doing told. you see the dow up again, more than 140 points. for 2013, dow is up about 20%. but now apparently some investors are in the party may be over. not only investors but every day americans. stocks dropping in the early part of this month amid concerns of the federal reserve and we'll talk about what we can expect in the days and the weeks ahead. scott is joining us now. chief market strategist for united advisers out of chicago, illinois. a lot of articles this weekend about nervousness about the market and we come in on monday morning and you see the dow is rallying up 140 points. what gives today? >> well, we're breaking the losing streak. the last several weeks have been really rough if you're in stocks and here is the thing n. bonds, too. that's one thing that's gone on that's been a little strange to me the last several weeks is stocks and bonds typically move inverse to each oerp. one goes up and one goes down at a normal environment but what's happening the last couple of week $ both things have gone down, meaning rates have gone up

and stock prices have gone down. the reality is this. today not withstanding, markets may be doing a repricing with the economy maybe getting a little better. the fed stepping out and the budget showdown still not finished yet. jenna: everyone is talking about the fed, though. how is the action of the fed, whatever it is, going to determine what it is we see in the next year? >> well, one of the things with the fed is they have encouraged risk taking. whether they're going to admit it or not, that's what they've done. what that means is they've encouraged the individual investor to go out and buy stocks. why is that? because rates have been so low. when you buy a bond these days, looking to save money, you don't get enough of an interest rate to make anything on inflation. so the reality is, you have to buy stocks to find return. and what is certain to happen now, as i mentioned, rates are going up to the tune where you might actually want to buy that bond now because it's actually paying an interest rate that's worth holding it. jenna: so for folks taking a

look at heir portfolio and they see they're at 20% and they wonder what to do for the year ahead, what do you think we'll see? a huge pullback or a lot of those gains go away or do you think the market is sort of where it's going to stay for awhile? >> well, i think the market, when you're speaking about equities, is likely to go up. rates still aren't quite high enough to where everyone is going to just ditch stocks and go out and buy bonds. the other thing going on, we have a new fed chairwoman coming in, in january and just a couple of months ago, the market was screaming for janet because ben bernanke is stepping out and she'll come in and it's likely she's going to continue to support for the equity market that we've had before. so while i do think things will get a little bumpy here, i still would recommend being in equities opposed to bonds. jenna: so are you talking about the quote, unquote, stimulus that the fed has put into the economy the last few years? >> yes. the bond buying they've been doing and keeping the fed funds

rate low. that's at an all-time low. they've committed to have that rate at zero going forward for a couple of years. this helps the banks, this helps some industrial companies, helps companies that want to lend money to the public. that's going to stay low. jenna: two quick final questions for you. obamacare and the budget deal. what's going on in washington, d.c.? is that going to have any effect on what we see in the markets? especially the first few weeks of the new year? >> well, i don't think both are good. i think the budget deal we missed a huge opportunity to make a huge progress we missed that chance. i think that would have helped the market. then obamacare, i've got a lot of clients that are individual investors and small business owners. they're not happy with the changes in the health care proposal. that's something holding back hiring. jenna: it will be interesting to see what they do with their money, where they invest, what the overall effect is on the market. great to see you as always. thanks so much. >> happy holidays.

jon: well, the star witness in a trial that ended with the conviction of a mother convicted for murdering her 4-year-old son, that star witness is now under suspicion himself. he wants out of the spotlight, though. doesn't want to testify again. more new developments in this very strange case coming up. across america people are taking charge

of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen. and the needle is thin. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adultth type 2 diabetes when used with diet and exercise. it is not recommended as the first medication

to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions.

taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. jon: do you remember the case of the arizona mom convicted in the murder of her own 4-year-old son? in 1990, deborah milky was found guilty of hiring two men to kill her 4-year-old boy. she spent 24 years on death row until march. that's when an appeals court overturned her conviction citing the prosecution's failure to turn over crucial evidence. evidence relating to the credibility of the state's key witness, the detective. now that former phoenix police detective is in the hot seat himself oef -- over the case

and says he does not want to testify. >> armondo didn't say anything outside the courthouse and if he gets his way, he won't say much in the courtroom, either. more than 20 years ago he was the key witness in deborah milky's trial and prosecutors want him back on the stand. >> do you intend to invoke your fifth amendment privilege against self inkrimation? you do? all right. >> after the murder of milke's son, he said he had a confession from her, a confession she denied making. it was his word against hers. in overturning milke's murder conviction, ninth circuit court of appeals cited his questionable record and the fact milke's lawyers were not able to bring it up in the case. the lawyer fears it could hurt him. >> we have a reasonable belief he could be the subject of prosecution. >> milke's attorney agrees. >> i do believe that he would be

at peril in answering questions when it comes to cross-examination. >> in court today, he told the judge he wasn't planning on changing his story but still wanted to take the fifth. prosecutors tried to convince the judge to make him testify. >> if what we want is the truth, if we really want to permit a jury to come to the decision again based upon all the evidence in the case, then this detective needs to be able to testify. jon: that report from andrew of our fox affiliate in phoenix. joining us now is former prosecutor phil snyder and criminal defense attorney. the possibility this police officer lied under oath is pretty disturbing. he has the opportunity to testify again and he said he's not going to do it. why would he not testify if he was telling the truth before? >> why? handcuffs. he's afraid.

the appeals court has pretty much said detective, you're a liar and you've lied in other cases and what he's afraid, he's in a rock and a hard place. if he goes on the witness stand and testifies the same way he testified previously, they've already declared him a liar and if he goes and changes his story, then he's facing potential perjury charges. short of a written piece of paper that says you're immune from prosecution, i don't see him taking the stand. jon: she spent 24 years in prison. she was on death row. is the case against her gone? >> this is essentially a get out of jail free card for deborah milke because whether this detective does testify or doesn't, this case is over. if he does testify, he's going to be annihilated. his credibility is so completely an issue there isn't a jury in the world that believes what he's going to say. if he doesn't testify, then there's precious little evidence connecting her to the horrible, horrible tragedy. so either way, this case is

over. it's game over for the prosecution. jon: phil, in this era of little tiny cameras and recording devices, it seems unthinkable this interview would not have been recorded. he said i didn't record anything. when he got on the stand, it was his word against hers and apparently, the jury believed him. >> even in today's day and able, all you have to do is put an iphone on a table, there are still police officers and detectives taking statements from defendants and witnesses without recording. and they pretty much say, i'm the detective. you have to rely on me. i think it's a travesty and i think all law enforcement should require all recorded statements have an iphone or video camera so there's no issue like this in the future. jon: we're seeing video of him there booking her, putting her into the police car with handcuffs on. do you experience that some of these officers are so eager for the lime light, for the praise

and the agilization that they'll say anything? >> i don't want to think we have a whole host of dirty cops out there. they want to solve crime. this detective didn't just not record. he ripped up his notes. that's a huge red flag. and i agree with phil. in this day and able, it should be unlawful to not record a defendant's statement if you're getting one. that's the only way to ensure the evidence is going to be solid. evidence is only as good as the source. if you have a liar on the stand, that's not evidence. jon: there are two men still on death row who were convicted of actually taking the little boy out into the desert and killing him. does the case against them become shaky as well? >> potentially. i'm sure that their defense attorneys are chopping at the bit saying what do the detectives say in my case that i could reopen the case and see if i could get our goi off death row? i have no idea what evidence was

found against them in those cases but if the evidence hinged on this detective's statements, it could be enough to change the case. jon: it was a strange case from the beginning because there didn't seem to be a motive. why would a mother send her 4-year-old off into the desert with two hired killers? you know, to shoot him? it was so strange from the very beginning and now you've got this 24 years later, a very shaky witness. can he, in any way, be compelled to testify? >> not without a grant of total immunity by the prosecution and at this point, i don't think that's going to help the prosecution's case. i wouldn't be surprised if we do not see a retrial. if this case gets dismissed in the interest of justice and she's set free for those reasons but you're right. how weird is it? this is why the jury probably convicted her to begin with. it's your 4-year-old child. he ends up in a desert with three bullets in his head. even if she didn't -- wasn't complicity, how does that happen

if you're somebody's mother? i can understand why a jury of 12 people convicted her to begin with but she may not have had anything to do with this murder. jon: it is a very, very strange and sad case. there's a dead 4-year-old child at the center of it all and we can't forget that. we'll keep an eye on this and let our viewers know what happens. thank you. jenna: could a deal be in the works for n.s.a. leaker edward snowden? a possible offer of amnesty and what he would have to do in return. and you want him? you got him. that's the message from the team behind "family guy." brian is back and julie is here. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services.

keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today.

jon: good news for you this morning. beloved "family guy" dog has returned from the great beyond. how? a lot of fan protests, a little bit of christmas magic and a time machine. julie is here with the 411. sflooits incredible. he's back. according to the "family guy" creator, it was all planned. in last night's christmas episode, stewy went to the mall with his new dog and asked santa for his best friend back. when santa couldn't deliver, he remembered he had a time machine and so he used it to go back in time to the moment just before brian was tragically hit by a car and then a christmas miracle happened. >> you're alive, my friend! >> what? of course i'm alive. what is going on here? >> that car killed you and when it does, a little part of me died as well. i couldn't live without you. soy came back from the future to

save your life. >> wow. stewy, thank you for saving my life. and a whole lot of other families would have just gotten a different dog and moved on. >> fans of the show were left distraught after the beloved canine was killed last month sparking major protests on media sites and 150,000 signatures on a petition demanding that brian be resurrected. the show's creator, who is also the voice of stewy, took to twitter and wrote, and thus our warm, fuzzy holiday lesson, never take those you love for granted for they can be gone in a flash. you didn't think we would kill off brian, did you? jesus. we would have to be bleeping high. we first reported on brian's tragic death, it was almost a fax n -- fox news alert last

month. very well played. they fooled all of us, even jon scott who suggested they get a cat. jon: it would have been a good plot twist, i think. >> no cat. but now they've got two dogs. it's going to be a crazy household. jenna: another twist. >> stay tuned. jenna: admitted n.s.a. leaker edward snowden could be back on american soil. that's a little strong. there's details ahead on a report that a deal could be in the works but not a lot of folks in d.c. like that so we'll dig deeper into it. the problems continue for the obamacare website. this time with the so-called back end errors that could keep enrollees from being covered on day one. too big.

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jenna: the fox news alert on a bomb scare at harvard university. it all started this morning just a few hours ago when the school's police department said it received an anonymous email claiming someone had placed

explosives inside four campus buildings. it's still want clear where the email came from. in the meantime, school officials have evacuated each of the four buildings under threat. police are investigating. we have federal investigators involved as well. we're waiting for an official all clear in a police news conference expected shortly and we'll keep you posted on any new developments as they come in. jon: new develops now on our top stories and breaking news this hour. jenna:wa edward snowden could b granted amnesty if he gives up the first of his documents or the rest of his documents on america's top spy agency. that's one report. we're going to big deeper into that and see if it's a real probability. did the president delay some rule changes that could have cost him the election in general? a new report on the length the white house went to in order to avoid controversy and win president obama a second term.

also a leak on board the international space station causing a safety scare for astronauts and how nasa must decide whether they have to take a risky space walk to fix it. we have these stories and more and it's happening now. yoip there are more problems to tell you about for those trying to sign up for obamacare with the enrollment deadline now just one week away. welcome to a brand new hour of "happening now." jenna: only a few more days left until the end of the year. let alone a week away from the enrollment. time passes quickly. i'm jenna lee and that's the white house. the white house is on the defensive over the latest problem with the obamacare website. so-called back end errors we've been covering the last several weeks stopping several applications on health care.gov.

the new a.p. poll shows more than 3/4 of the 85% of those who got to keep their insurance blame obamacare for raising their premiums and deduct i believes. our chief white house correspondent is live at the white house with more on what this means. let's start with the polls. what do these polls tell us this morning? >> good to see you. what's interesting is that the white house is trying to wall off people who have employer paced health care, the people who are not impacted by the president's promise of if you like your plan, you can keep it, those directly paid for plans. these are from your employer and these are the ones that are not impacted and instead, you look deeper in the poll and 69% say their premiums are going up. 59% say their deductibles are going up and this suggests that some of the anger and criticism directed at the law is spreading across the public and that's why democrats like patty murray say they think the problem is that republicans have been rooting for failure.

take a listen. >> we get a handle on our health care expenditures in the future. this is an important step forward. no one wants to go back to the point of having your insurance companies decide whether or not we get health care or not. i'm rooting for us to be able to make it work. >> a big deadline looming for it to work and that's basically january 1. we're going to find out whether or not people who have actually enrolled in the new law are going to have insurance starting on january 1 or not. jenna: no matter how hard you would like it to stop, time just keeps ticking. that keeps going. so over the weekend, we found out about more problems with the insurance companies. what are insurance companies saying about what's going on right now? >> they're continuing to see conversation about the 834 forms. it's sort of, as you mentioned before, the back end of the system after you've quote, unquote, enrolled, put the paperwork in. you think you've finished the process but there's still concern that sort of the payment

process in getting that first premium to the insurance companies, is it all going to be ready or not? republicans like tom price, meanwhile, say that they have heard the president say again and again that he'll work with anyone to improve this law or come up with something that would work better. >> we've contacted the white house repeatedly and silence. it's crickets. they don't want to talk about the quality of health care, the accessibility of health care, the affordability of health care. what they want is the government to control health care. >> they think they're going to be ready by the january 1 deadline. there have been problems but they think they're getting the worked out. that deadline is rapidly approaching. they'll find out sooner or later. jenna: thank you very much. jon: meanwhile, as many americans wait to find out if they will be covered come january 1, a new "the washington

post" report says the white house delayed implementing some controversial rules before the 2012 election in order to lock in president obama's second term. we have reported for months that certain obamacare changes were withheld. now we're also learning there were other issues relating to energy and safety regulations, all held back. now, the white house says it's all a coincidence but sources who talked to "the washington post" say not so. joining us is the host of "special report." so this does go to obamacare, bret. there were elements of obamacare. who would be eligible for subsidies and the like that were held off, the white house held off on issuing those directives until after the 2012 election was over. >> yeah, jon. you had charges that this was happening from republicans and from think tanks right leaning think tanks that this was going on all the time. our chief national correspondent had pieces going back long, long

ago saying this is what's happening. they're holding off this -- these tough regulations so that it doesn't hurt before the election, doesn't hurt president obama's re-election efforts but after the election, they're going to have to issue tough regulations and eventually, this will all come together. eventually it did. and the tough regulations came through and many of those think tanks said it's the reason why the rollout was so horrible is because they didn't have enough time once the regulations came out, to implement all of the regulations to the system that they set up. but it's not just health care. it's also what pose of water deserve benefits. this is a "washington post"

story that quotes seven current and former obama administration officials so it's not exactly just think tanks and other officials. these are people working inside the administration. jon: and the article makes the point. "the washington post," by the way, is a paper that has been generally offering favorable coverage for the obama administration up until now but the paper points out that in the bush white house, for instance, they didn't find the same level of delay in basically telling the nation bad news or enforcing bad news. >> yeah. part of the response by the administration is that basically, the administration's approach to regulatory review and consistent with long standing precedent across the previous administrations and fully adheres to federal rules. essentially everybody does it. we're just doing what everybody does. but the "the washington post" in this reporting says it's not

done like this. some examples, it was more than 200 days delayed and they thought that talking to these former and current officials that this is very, very long time and clearly political and clearly tied to the re-election effort of president obama. it's a really scathing piece if you look into the details of it. the white house delayed enacting rules of the 2012 election to avoid controversy is the headline. jon: and it brings into focus the recent appointment of john to the white house adviser because he's the guy, according to the paper, with a reputation of using these executive orders and trying to skirt around congress by allowing the white house to simply issue the same force of law. >> sure. he has a history of getting things done by executive order and by these regulations.

and the office of management budget has cut down the amount of time it's taken for these regulations to go through the process. it's actually cut it in half. now, it's expected that john e pedesta in his role is to speed that up even further. the orders may pick up ex pony ent yally and we may see that impact a number of different aspects of governing from this white house. jon: the president doesn't have to face the voters again. does anybody get punished? disciplined for this kind of thing? >> potentially, politically democrats, especially running in red states if the regulations impact some of those red states. for example, coal states, they may feel particularly a pinch if there are democrats in those states. some of these e.p.a. regulations may affect some of those states

and a lot of those senators running for re-election may not like the regulation train coming out of the white house. jon: interesting report. see you tonight on "special report." thanks. jenna: could there be a possible amnesty in the works for edward snowden? that's a big question today. according to a center n.s.a. official, the agency may be open to an agreement that would allow him to come back in the united states in exchange for handing over all of the documents that he stole. some differences of opinions on this. katherine? >> thank you. even the suggestion of amnesty for edward snowden is exposing divisions among current and former intelligence officials. senior n.s.a. investigator assessing the damage from the leaks broasted the idea to "60 minutes." >> my personal view, it's worth

having a conversation about. i would need reassurances the remainder of the data could be secure. it would be more than just an assertion on his part. >> current and former intelligence officials make the argument letting snowden off the hook for stealing and leaking information would only encourage others. former c.i.a. and n.s.a. director hayden laid out that position on the sunday talk shows. >> he seems to have a negotiating edge over us because he can have an overhang. it motivates future snowdens. >> more than six months since the original leak, it's still unclear how much snowden took and the head of the n.s.a. is saying how he accessed documents that are sometimes referred to

as key of the kingdom. >> he was to move the data from paint a to paint po b. he was the web server administrator. his job was to do what he did. and therein lies part of the problem. >> state department spokesman told the guardian over the weekend the statements about a possible amnesty for personal a use are not those of the administration. fox news has had a long standing request to interview him and we hope that will be honored as well. jenna: and we hope along with you. thank you very much. jon: well, time for a budget showdown on capitol hill. senate democrats looking for republican support as they try to pass this bipartisan measure that is out of the house. we're lye with the latest on a key senate vote. plus president obama takes softball questions on a daytime talk show. is he avoiding the hard interviews that deal with tougher topics?

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jon: we have a couple of situations underway in the boston area. now at the campus of u mass boston, police are responding to a report and it is only a report at this time of a person, possibly with a firearm. the authorities there in the umass police say they're responding. in cambridge at harvard universe itd, they're still looking for any information about this email bomb threat that affected four campus buildings there along with the science center. no word from harvard they found anything. they're still checking. finals were supposed to get underway there today.

both colleges, reports that have police responding. we'll keep you updated. jenna: an update on the 17-year-old girl critically injured in a high school shooting in colorado on friday. clair davis is now in a coma in critical condition. police say she was shot in the head at point blank range last week by a fellow student who then turned the gun on him. they say the 18-year-old gunman was trying to target a teacher who kicked him off the debate team and that clair davis was just in the wrong place at the wrong time. info on efforts by senate democrats to pass a bipartisan budget deal in a key test vote. the bill easily sailed through the house last week but in the senate, democrats will need some republican support to make sure this deal gets done. how is that going? chief congressional correspondent mike emmanuel is live on capitol hill with the vote count. what are some key senate conservatives saying ahead of this vote? >> they've noted, jon, funding

the government through continuing resolutions which is what they've been doing for several years is wasteful and in efficien efficient. senator johnson says he'll support this bipartisan budget plan as long as the senate does nothing to worsen the bill. new hampshire senator is among those concerns with the veteran cuts. another veteran republican explains why he is a yes on the budget compromise. >> particularly sensitive about the military. i've talked to our military leaders. they say theyed aboutly need this relief. i wish this provision was not in there that concerns the military retirement issue. senator levin has assured me and others we'll take up this issue in the next year's authorization

bill. >> you heard senator mccain. there is certain about the military retiree benefits but more immediate concern is the current military that he says is very worried about cuts if this budget doesn't pass. jon: that's the view from a prominent republican. what about the top democrats? what are they saying? >> they say that this is a good compromise, they say it's not their ideal deal, if you will, but they are rounding up votes and they are talking about what is necessary in terms of rounding up votes in terms of support for this package. >> the struggle is still on in the united states senate. we will need about eight republicans to come our way. i feel we'll have a good, strong showing from the democratic side. but we need bipartisan support to pass it. >> they're still counting heads in the united states senate at this point. they're expected to take up more nominations later today and the critical votes on the budget tomorrow in the u.s. senate. jon: interesting to hear pleas for bipartisan cooperation on capitol hill these days.

>> christmas season. jenna: jon mentioned we're watching some developing stories in the massachusetts area. in cambridge at harvard university but also as well as umass in boston. and we heard reports originally there might be a person reported with a firearm on campus and that was after we had initial reports of a bomb scare at harvard a few hours ago. we're just learning about this from massachusetts state police that there were reports of a threat at umass boston. there's no threat. false report. scene is clear. that's at umass. still questions about what's happening at harvard and we'll bring you that news as we get it. americans turning on the white house over obamacare. coming up, what a shocking new poll reveals but how all of this could factor into things ahead. the 2014 midterm elections. and you know you take these things to improve your overall

health, your daily vitamins, your fish oil, your vitamin c, your ginseng, right? jon: yep. jenna: why some doctors say supplements are not always what they're cracked up to be. information you don't want to miss next.

jon: new information on crime stories we're watching. we're awaiting a news conference from harvard university in cambridge, massachusetts. we're expecting to hear an official all clear. four buildings were evacuated this morning after school officials apparently received a threatening email claiming there were explosives on campus, nothing found so far. more info as we get it. an ohio murder suspect makes his first court appearance. he is accused of killing

9-year-old murphy. victim's body found stuffed in a trash bin early sunday morning j. hous after she had disappeared while playing outside. the american amanda knox facing a second appeals trial in italy along with her former italian boyfriend. the lawyer for the family says the two should be found guilty of kircher's murder. they had been convicted but an appeals court later vacated that ruling. jenna: mega millions jackpot is about to get bigger. prize for tuesday's drawing is a half billion dollars. that's right. $550 million. lottery officials say strong sales over the weekend could easily push that number past last year's record of a jackpot of $656 million. some experts are predicting it could even reach $1 billion. by the way, odds of sitting that jackpot are one in 258 million but as we know, there are winners, jon.

it could be you. jon: and the tax man always gets his share. jenna: i'll still take home half for sure. jon: a tragic story. a bride is widowed after only seven hours of marriage. a former army ranger was driving with his new broid to a hotel in brown point, indiana southeast of chicago. this after their wedding reception. the couple stopped to help a teacher whose car had slid off the road. that's when knight and the teacher were struck and killed by three other cars which also slid on the icy surface. no word of any charges filed so far. jenna: a judge handing down his sentence to a man convicted of scamming millions from a veterans charity. plus obamacare has been such a huge story in 2013. but will the voters still blame the president next year when coverage starts and the midterm election approach?

great question for karl rove and joe trippe next. try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on. it really made the difference between a morning around the house and getting a little exercise. unlike the bargain brand, depend gives you new fit-flex®, our best protection. it's a smooth and comfortable fit with more lycra strands. get your free sample at depend.com. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

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jenna: new information now an attorney convicted of scamming american out of millions of dollars learns the real cost of his crime. john donald cody, also known as bobby thompson, sentenced by an ohio judge today for pocketing $100 million meant for a navy veterans charity. by using his ties to big names in washington to back his story. garrett is live in chicago with

the latest on this. >> john donald cody was sentenced to 28 years in prison. this case has really played out much like a hollywood movie. in 2002 to 2010, he traveled to 41 states and using the alias bobby thompson, he raised more than $100 million supposed to go to navy veterans and their families. after he was indicted on charges, though, including racketeering, theft, money laundering and identity theft, 67-year-old harvard trained attorney went on the run. he evaded capture for about two years. when authorities finally caught up with him, they found him with fake id's and a suitcase filled with nearly a million in cash. so far only a fraction of the money has been found. the time days of his trial, they were filled with some bizarre surprises as well. cody not only refused to take the stand in his own defense,

but he also showed up to court one day with his shirt unbuttoned all the way down to his stomach with his hair wild and he was dishevelled all around. that made the judge force issue an order calling deputies that he be washed, cleaned and kept and dressed for court every take by 8:00 a.m., telling them to do so by any means necessary. now, his attorneys, they have also rested their case without calling any witnesses and without making any final arguments to the jury as well. they've said that they are going to appeal this case under means that they didn't have adequate time to prepare and that their client wasn't very cooperative, either. jenna: so the suitcase of a million dollars, but they still don't know where nearly $100 million is right now? >> thief only been able to get that nearly a million dollars as well as a couple of hundred thousands dollars. the rest could be spent as well as donations were made to

political candidates over the years. jenna: that's unbelievable. thank you. jon: new claims that the president is dodging hard hitting interviews. the president making his first appearance on the daytime talk show "har h steve harvey." it touches on topics like family, fatherhood and the president's plans tore the holidays. let's talk about it with the american conservative may go zone. alan colmes is the host of the alan colmes show and author of "thank the liberals for saving america." so is it a case of when the heat gets too hot, you get out of the kitchen, jim? >> well, when the polls show that 80% of americans, a.p. poll believe that obamacare is making their lives worse, yeah.

i would much rather go to a comedian who said i get it, quote, unquote, which means this is a puff interview and he's going to make obama look good. i would much prefer that kind of coverage if i were the president. jon: he said in a quote that was aired on wrc in washington, steve harvey says i don't care about the politics. it's not important to me. look. he's a great guy. >> show me an example of a president who went on a hard hitting news program and answered very tough questions. doesn't happen. more people watch shows like steve harvey's entertainment shows than watch political shows. most people are, in fact, believe it or not, non political unlike the folks like us who watch and participate in fox news but most people are not that political and look. this is a president who did an interview with bill o'reilly on more than one occasion and john stewart who does a comedy show but known to ask tough questions. he's not ducking anything or doing anything different than

other presidents have done. jon: you mentioned chris matthews, jim. even chris matthews said he was going to ask the president some softer questions before that interview that he did on hardball in front of the university audience a week or so ago. >> i think i said chris wallace. jon: i'm sorry. my mistake. >> the hilarious thing is that the president is so even notice getting kid glove treatment. the latest example is about the photographer who took the picture of the president with the selfy and the photographer says, i'm mortified, horrified, i feel so horrible that i took the picture of the president looking like -- whatever you want to think he looks like and that's the style of the media overall is just complete -- as john said, playing goalie for the president and everything. so if he could go on chris matthews, but i guess even msnbc

might be too strenuous for him. >> tell me what president went on a hard hitting news show while in office to answer questions. >> president kennedy -- >> how many years ago? >> had a news conference almost every week of his presidency. about once a week. >> so this president has also had news conferences where he answers tough questions. they do the gaggle each week with jay carney but this president has been available to the news media and you have to go back 50 years to kennedy? >> he hasn't been available to the media. that's why the white house press car or the liberals are even saying you can't use the picture. you can only use the white house picture that we issue to you. >> he does an interview with bill o'reilly during the interview. and that was a couple of years ago. two total. >> two photos of the president alone in the oval office allowed in which a.p. and other photographers were allowed. that's the story we did last

week. and oh, by the way, steve harvey approves of that selfy at the mandela funeral. he didn't have a problem with it. >> i approve with it, too, actually. jon: there was that piece on "60 minutes" last night in the nsa but john miller, the correspondent for "60 minutes" who did the president has long ties to the security apparatus in this country. any thoughts on that? >> it was interesting. for sure that "60 minutes did." but what's most striking is in the uproar on this, it's now the mean national security agency operating somewhere out of obama's reach, this example how the media is working now. left wing publication collated about 50 tweets from liberal reporters all saying we dump on this. the news out of journalism is a wolf pack of tweets aimed at your target which is not president obama. it's a bureaucrat at the n.s.a.

jon: they're accusing "60 minutes" of not doing the job. >> they're already embarrassed about their benghazi report which turned out phony and john i will miller is a good reporter and he's also had a job in law enforcement. he's also going to work for, once again, police commissioner bill bratton. while this is going on, he's probably negotiating a job in law enforcement while doing a report on the n.s.a. so it seems like there's a possible conflict of interest there. jon: we'll keep the eye on the criticism of all of that. thank you both. >> thank you. jenna: back to some politics now. white house can't seem to escape the problems plaguing obamacare and now a new a.p. poll says more and more person -- meshes say it's eroding their coverage even if it's a group not affected by obamacare. 77% of americans surveyed blame the affordable care act for rising health care costs even if

they didn't sign up for obamacare. joining us is our political panel today. joe trippe and karl rove. a treat to have you both today. both of you fox news contributors. great to see you. >> good to be with you. jenna: this is a broad question for both of you. at what point do the poll numbers hit a tipping point where they turn from just numbers that are negative against the wall to actual pressure for the administration to do something, anything to change a law or change the policy? when would that even happen? >> i think that's already happened. i think it's going to get worse. remember, we're talking about this law is going to affect virtually everybody's insurance coverage in america. 60 million people -- or excuse me, 60 million policies that are group policies, that are governed by affordable care act, are going to be affected by things like the medical loss ratio provision which limits how

much money can be spent on overhead. the community rating that requires younger people to pay a higher premium in order to subsidize older people. the essential benefits provision which says you have to have more things covered in your plan. all of these things are going to drive up costs so there's a reason why already nearly 70% of the people who have private coverage think their premiums are going up and six out of 10 say their deductibles and co-pays are going up and 77% of those people believe it's a direct result of the affordable care act and they're right. jenna: they say give us a couple of years. this is just the beginning. 2017 things are going to look better. will they keep saying that or is there going to be a point where other changes have to happen? >> they're going to keep saying that. as you point out, 2017, if things do change in positive ways by then, it's too late for a lot of people up for re-election or standing for

election in 2014 and even impact into 2015. it's always tough for a party to gain seats or to make any movement in the second term of a sitting president. it's always bad. they usually lose support and second thing is look. the most important thing is the lower a president's favorable