brian on the other. from larry, he e-mailed us, brian, your moves lead much to be desired. friends need to give you dance lessons. >> i lost to the crack head mayor. >> yeah. bill: fox news alert. the senate set to vote on the first public deal in two years. some republicans crying foul saying the deal comes at the expense of our nation's heroes. ones who deserve it the most. martha: we are awaiting the full senate vote on the bipartisan budget deal. it's expected to fast when it heads to the hill for that full vote. some senate republicans are outraged over the cuts to veterans of our armed forces calling this part of this deal simply unthinkable. >> think about it, someone has

been injured afghanistan. one of our men and women in uniform. we have all been to wall for reid. they received a disability retirement. what happens? here is our thanks to you. we'll cut your cost of living increase. >> when 1% of the population who served so hard and fought so long and sacrifices so much winds up in this vote, it tells knee congress has forgotten what our primary job is, to defend this nation. bill: how much is being cut from benefits if this passes? >> reporter: $6 billion will be cut over a period of 10 years. that's not going down well with some senate republicans because overstall spending will be increased but the vets and their

benefits will be cut. wowndersed warriors will -- wounded warriors will see cuts in their benefits. it could cost $24,000 over a long 24-year period. bill: do civilian workers face the same cuts? >> reporter: no, they do not. some of the cuts under the sequester rule will be restored but the cuts to the military are still in place. they are saying you are doing this budget on the backs of the military. bill: do you expect this to pass? it appears that it will. it's a two-year deal on the budget. you can argue it's good for stability but it does nothing to go after that $20 trillion in debt. >> reporter: what it does do is give you some degree of stability. there will not be a government

shutdown next no because of the budget. bill: stuart varney leading our coverage there. martha: many america's veterans are not happy with this bill. two of them speak out on the kelly file. both say this leaves them feeling betrayed. >> we are $17 trillion in debt and we better do something about spending in this country. but the ryan-murray bill brings cuts on the backs of limit retirees and disabled retire. >> is. -- disabled retirees. >> it breaks a trust with them.

it's inevitable that there will be cuts but diet in a responsible way. bill * the budget deal passed by overwhelming majority vote in the house but you won't be able to say the same thing in the senate. >> as we end the year, it's a tragedy the way the senate is being run into the ground by basically one person. i hope that one of the majority leader's new year's resolutions will be to operate the senate in a quite different matter. >> i'm happy and satisfied we had 12 republicans voted with us for the bipartisan budget agreement. i look forward to final passage of this sometime tomorrow to avert another dangerous and coste government shutdown in january. bill: one of the more vocal

opponents is misrepublican roger walker -- is mississippi republican roger wicker. martha: investigators are searching for a motive in that shooting rampage in reno, nevada. two people were killed when he stormed the medical center opening fire on two patients and staff. >> this is a medical building. it all happened inside. there -- >> reporter: is there a doctor the shooter? >> don't know that right now. martha: don't know a loot right now. at least two other people were injured, including a doctor.

bill: we brought you a story of a bomb threat at harvard university. four harvard buildings were shut down, evacuated monday. there were no explosives to be found inside. >> there are pranks and there are crimes. this is a crime. there is going to be a sentence which is serious in this case. bill: harvard said it's saddened by the allegations in the complaint. we'll see that student age 20 in court today. martha: two people are wake up a whole lot richer today. they won that mega millions jackpot. two winning tickets were sold. one in san jose, california, and

one in georgia. n if nobody else comes forward they will share the largest payout of all time. jonathan serrie, you are in atlanta. >> reporter: i'm not if the winner. i purchased it at a different store. the winning ticket was purchased in the alliance center in a small mom and pop shop called the gateway newsstand. young su li who owned this shop for 9 years came to work today surprised and excited. >> i think anything now -- too many things my head. just happy. reporter: the other winning

ticket was sold at jennifer 15 minutes gift shop in san jose, california. the owners of both shops are expected to receive awards in excess of $1 million for selling the winning tickets. march there are what are the options -- martha: what are the options for the winners? >> reporter: only a handful of states allow lottery winners to remain anonymous and california and georgia are not among those states. when the winners have to come forward they have that option within 180 days. they have a single payment or payments over 29 years. ticket sales were higher than

anticipated and people kept bying tickets up until minutes before the drawing. martha: you were so close, jonathon. thank you very much. bill: do you have relatives in georgia? martha: i do. bill: i'm going to get in touch with my relatives in california. martha: i didn't realize they get a million dollar payout when a ticket is sold in their place. there is the place. come forward. that news conference is always great when they cop out and say i am a millionaire. housing starts surges to more than a million in november. that's a sign of strength in the market which could give the federal reserve to cut back on

bond purchases. there were delays in october due to the government shutdown. we have afestive atmosphere. if you take your camera on two, you see the lovely christmas tree behind me. if you take my camera on four you see my lovely christmas tree over my chest shoulder as well. martha: we'll have a contest to see who's better. this is the best story of the day. a brave guide dog risks his own life when his master fell on to the subway tracks. bill: harrowing moments at sea. a ferry on its way to a popular

tourist destination hits bottom. martha: a bizarre turn yesterday when the president said i wish washington was run more like a popular tv show. >> we could get a lot of stuff done. small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is!

martha: a terrifying ferry crash in north carolina. the impact sent passengers flying and turning the normally 20-minute trip into a day-long nightmare. >> i was two feet from the bathroom and holding on to the rail. i was this way and hit the door.

>> everybody stayed calm until the coast guard got there. martha: the cause of this crash is under investigation. bill: what's the hurry you ask? the white house announcing a former microsoft executive will take over the management of the healthcare website. jonah gold berg, good day to you. good move here? what do you think? he always said smartly that he didn't want to make this a long-term proposition. you want to get out there as quickly as possible. i think this is a smart move in the sense finally they are

putting somebody in charge after website that might know something about how to run a website. the problem is it's a smart move in a chain of dumb moves. it's like calling in a surgeon after you amputated the leg. nice to have him around, but you would have wanted him there earlier. >> why in the world didn't the white house hire someone like this in the summer or spring, a year ago to roll out healthcare.gov? >> i think your question goes to the absolute across knowledgement we made that healthcare.gov had a terrible start. >> no one is going to be held accountable for not hiring somebody? >> we addressed that question. we are about the business of making improvements necessary so

that this benefit that so many americans clearly want is available to them. bill: he's got a tough job. that was a non-answer. >> he said we addressed this question before which is different from saying we answered this question before. they don't want to answer that basically how badly they messed up and why and the only person who is truly accountable they can't fire because he's the president of the use -- presidef the united states. >> the problems with the website were a gimme to the opponents of obamacare. the promises you will be able to keep your plans, the promises

that your premiums will be lower and you can keep your doctor. the defenders said once the website works everybody will love obamacare. but others are saying no this will come to the fore. bill: his disapproval rating in iowa is 59%. according to this poll that's the rating quinnipiac has found yet. is that the economy or is it the indecision about obamacare or both? >> it's probably both those those things. you have a politicized environment in iowa. they are already hearing stuff about the republican primaries. there are an enormous number of polling numbers for this president. the thing that's galling or

interesting is president obama lost the uninsured. the supposed beneficiaries of this thing say they don't like obamacare fan obamacare is bad for them. that's an amazing number and it shows you the utter failure of the rollout. bill: the uninsured are the ones looking for insurance. the logic is the more they found out about it, the more they do not like it. >> it's like people who go to a soup kitchen and they don't like the soup. it's an amazing indictment of what this law was intended to do. the unexpected consequences of this law will continue to bring out. the idea that bringing in a guy from microsoft is going to change everybody's mind i'm not buying. bill: no soup for you.

martha: there is some big developments on the under national space station. the emergency measures nasa is planning to deal with 200 miles in the the air. bill: what the witnesses say the pilot did that probably saved a number of lives. >> it just went straight down and a huge fireball came out. >> it sounds like a low-flying fighter jet. there was too much fire. there was no way anyone was going to survive it. i'm overhe hill. my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts.

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bill: two people dead after this fiery crash. witnesses saying it appeared the pilot was trying to avoid

hitting houses before the plane went down. >> we saw something at a tilt like this. it was just like this. like this is a dream, this isn't happening. you bank hard left and landed a couple hundred yard away from the house. bill: that is fire on the ground there in northwest atlanta last night. martha: new developments in a problem at the international space station. we told you about the cooling malfunction. now nasa says two astronauts will take a space walk to fix it. the urgency is becoming a factor. >> absolutely. nasa evening years have been working this very serious issue from the past week writing new code, new software, essentially trying to fix this problem by a computer without requiring risky space walks. so three space walks are

scheduled including one on christmas day to fix the faulty pump involve located on one of the exterior wings as part of two ammonia-driven cooling systems underlying the risk of death in space. the last one in july, water began spilling into one of the astronaut's helmets. >> the good news is we have the spare parts. we have the training, we have the skills and doing a space walk is always exciting but very challenging. >> reporter: nasa and the russians performed 130 space walks. so the likelihood of anything going wrong very, very tiny. but the first space walk scheduled early saturday

morning. it will be 6 1/2 hours long. what do you think the degree of difficulty will be for the spacewalkers? >> last week santa ana a -- last week he was asked for a degree of challenge. he says it's something they trained for in the past. he feels confident. mission control in houston will follow it all including monitoring the helmet issue. multiple science experiments have been shut down so as not create more heat. it also canceled the orbital launch which was scheduled for tomorrow night. it's been pushed back to january. so three important serious space

walks. martha: phil, thank you very much. bill: right now they are working on the backup system keeping them going. hopefully that will be the way it is through christmas day. martha: they try to exhaust every possibility figuring this out but they are going to send hip out there. bill: president obama's approval rating has taken a nosedive. does the president still have the clout to move the american people? martha: a retired nsa veteran is speaking out very strongly defending edward snowden as the reports swirled about the possibility of granting him amnesty. this story has taken on a whole

new twist. should he be allowed to return to the united states unpunished? >> i think the public is owed an explanation hund the people that make these disclosures that are outside the democratic model. when you are subverting government that's dangerous to democracy.

bill: fox news alert. egyptian state television saying

egyptian president mohamed morsi will be tried. they say morsi conspired with outside groups to undermine egypt's stability. there are allegations morsi and the brotherhood worked with hamas on a prison break that freed him and others during the uprising of 2011. >> this is something that's not our place to decide. the public needs to decide whether these programs or policies are right or wrong. upon record to defend the authenticity. this is the truth, this is what's happening. you should decide whether we need to be.

martha: now a whistleblower and retired nsa employee. he has written an editorial standing up for edward snowden. he says edward snowden deserves amnesty for reporting crimes in the u.s. government. congressman king, good morning to you. what do you think about that? >> i believe that edward snowden is a traitor. he has put american lives at risk. the nsa program i believe is highly constitutional and it has saved lives over the years. edward snowden has alerted our

enemyies and they have adjusted and it will hurt american lives. martha: the man who wrote this editorial is a whistleblower in the institution as well on a similar program. but here is another quote that he brings up that i think is interesting. look what his point is here. just as the u.s. military is not required to follow an unlawful order, it is proper that an employee of the united states intelligence community should report any information that concerns law breaking -- that is law breaking. he's saying if you work at the nsa and you feel something is being done that's unconstitutional. he says you have nowhere to go. he believes edward snowden was pushed to this point. >> the fact this as far as i am concerned. the nsa is fully complying with

the law. and edward snowden does not have the right -- someone in the department of war saying the d-day invasion was wrong. they didn't have the right to tell the germans. everything the nsa is doing is constitutional. not one american has had his right violated by the nsa. they saved many, many lives. to me he put american lives at risk. martha: you are struggling with your voice, we know you have a bit of a cold. judge leon said there is no evidence this program has ever stopped an imminent threat and there are a lot of people who feel that way because they haven't been given specific examples.

there is a lot of strong feeling that people don't feel that that is necessarily the case. that there is no evidence to present that. >> judge leon is a good intelligence expert. i can tell you in 2009 the nsa was instrumental in stopping the subway plot. it's part of a mosaic that allows us to follow what they do and know what the terrorists will do and stop it. there is a difference between an imminent plot. but to me the 2009 subway plot is a dramatic example of the nsa playing a key role in applying information and saved hundreds if not thousands of lives. not one american. >> there was more information put not you terms of assuring people it's constitutional.

it's based on a 1979 law in a world that was so different in terms of communication than the world we live in now. we know from all the polls that people are not happy knowing that these record are being gathered without their knowledge. they feel it's a breach of the fourth amendment. it's an unlawful search and seizure of their own personal information. even accept can the fact they are not listening on your phone calls. the fact they can track your traffic and know who you are talking to a lot of people are not comfortable with. and they don't people it's effective in terms of being a tool. it's problematic. why not bring edward snowden back and found out what he knows and deal with him in a legal matter. >> the nsa does not know who is talking to whom. if you wear it until after it's done the numbers won't be there. instead of the nsa, now the

phone company has them. there is no fourth amendment right to information held by somebody else. the constitution was written in 1780 but we still follow the 4th amendment. judge leon is wrong. the reason the american people feel the way they do is because the issue has been misrepresented. as far as telling what's benton and not been done, telling the enemy what you know ... the courts monitor it and we monitor it and there is not one example or one instance of one american outside the nsa having their rights violated. martha: we'll continue this discussion when your voice is better. congressman peter king, tharks thanks -- thanks for being with us.

bill: man's best friend to the rescue. a blind man says his dog saved his life when he fell on the subway tracks. an amazing survival story that will warm your heart. martha: has the president lost his mojo? that was one big question in an exchange been ed henry and jay carney that's getting a lot of attention. >> does he have the clout to move the public and move the public on these issuers when his approval ratings continue to sink? you stand behindhat you say. around here you don't make excuses. you make commitments. and when you can't live up to them, you own , and make it right. some people think the kind of accountability that thrives on so many streets inhis country sbut i know you'll still find it where it's needed most. en you know ere to look.

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[ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.® martha: here is some of what we are working on in america's newsroom. cooler weather is helping crews fight a raging fire in big sur, california. brand-new information about the gunman in last friday's colorado shooting. police say 18-year-old carl

pearson wrote letters and numbers on his arm suggesting that he may have planned to attack five rooms inside that school. wall street keeping a close eye on outgoing fed chief ben were man keep for any signs of a pullback of the stimulus program. and if they see that they may not like it. so we are watching. >> about to move the public and move the congress on these big issues when this approval ratings continue to sink? >> you won't hear an argument from me that everyone in washington has taken a hit because of washington's performance of late. bill: ed henry asking a question, trying to get an answer on the abysmal approval ratings of the president. the post shows him with his

worst approval numbers of his presidency, 43%. alan colmes and tucker carlson, gentlemen to both of you, you have the clout and that's why you are back. >> these are bad numbers. only nixon among modern presidents had numbers this low in his second term. these number are the bad because he got we wanted. his policies have now taken effect. and people don't like them. the story here is really clear. he wouldn't have been elected to a second term had the public known what was coming. that's why he lied about the effects of obamacare. that's why they delayed implementation of obamacare. this is not some fleeting poll dip. this is the result of his policies being pro foundly unpopular.

bill: you know in presidential history it tells you if you want to move the country to get them behind you, and those numbers clearly show there is a deficiency there. >> when you look at individual issues whether it's immigration or budget or minimum wairnlg and you go through poll after poll after poll. most americans want immigration reform. they want to raise the minimal wage. they want a budget deal. though the president's individual ratings may not be what he would like them to be. but if you go on an issue to issue basis the things he stands for are still popular. bill: if you want anything done you have to have support of congress. what do you think about the healthcare implementation. 62% disapprove. republicans in congress have greater trust on behalf of the american people to improve the economy and handle the economy

more than the president, that number right there is the reason why john boehner is out with this spot today. watch here on the tail end. >> the bill is passed. >> the bill is passed. >> the bill is passed. >> the bill is passed. >> the bill is passed. >> democrats are standing in the way. president obama is standing on the sidelines. mr. president, what are you waiting for? bill: boehner always does this. he goes back to the economy over and over again. if you look at the poll from "the washington post" it looks like those numbers have effectively flipped. 79% still believe the country is in recession. >> of course it is. if you think you are going to convince the middle class during a period of double digit real unemployment, that this is going

to help them. it's untrue. the republicans have been successful under albanyer's leadership because they have stood in the way of the president's agenda. they stopped gun control and stopped so-called immigration reform. that's positive good. the role of an opposition party is to stop bad law. >> people want immigration reform. congress has an 8% approval rates. congress has the lowest approval ratings ever in the history of approval ratings for congress. boehner's problem is with democrats and his own tea party. they have been taking slaps at his own agenda. remember that one? >> i think congress earned its low approval rating. i'm hardly here to defend congress. i find it hilarious to talk

about the far right wing. bill: the reality is 8 in 10 americans still think we are in a recession. have you been to america recently? if you get outside of santa monica and georgetown, it's collapsing. bill: it wasn't 51, it was 79%. >> he still has three years left in this presidency. this is not a static number. and we have to see where things are going to go. bill: things are still stuck, stuck -- stuck where they are. martha: this blind man fell on to the subway tracks as a train

was oncoming. what his dog did then and how both of their lives were saved. great, great, great story. don't go away, folks.

bill: a blind new york city man lucky to be alive after he collapsed and fell on to the train platform right on the tracks. his guide dog orlando jumping down after him and getting the attention of transit workers who told them to lie down in a trench so the train could pass over them.

>> i saw a man wobbly but he was too close to the edge. the dog was pulling him to come forward. but it was too late. he went back into the tracks. >> he was pretty banged up. i do it was able to move. he probably fell and struck his head and rolled into the middle. >> reporter: the hospital saying williams is going to be okay. but a sad report says williams may have to give up orlando for adoption because his insurance will not support a non-working dog. bill: i know there are a lot of good people in this city who won't let that happen. martha: as 2013 draws to a close, several reports say al qaeda and its eye afill yats

are growing stronger and gaining ground in the middle east. catherine herridge is live on this in washington. we have been hearing for a long time that they were decimated and getting weaker. now we are talking about more affiliates. >> reporter: they are operating in at least a dozen countries and those are targeting the u.s. homeland including somalia, africa and yemen. it was only a year ago somalia and north africa were losinggrounds. but you have see they have gained ground. despite targeted u.s. drone strikes, the bomb maker you see there whose devices include the 2009 underwear bomb, al-asiri

remains a threat. >> he is applying his understand ovation trying to you find that next avenue to cause is harm and damage. >> reporter: the senior leadership includes died leadership with ties. martha: catherine, thank you for the update. bill: president obama sitting down with the ceos of america's top technology companies. martha: we are ear of waiting a crucial vote on that budget deal in the senate. the latest from capitol hill coming up next. >> name one group in this budget bill that is anywhere near this. of all the people we could have

picked on to screw how could we have arrived here? how could we have done this? ppó

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martha: fox news alert. we are eight withing a final vote on the -- awaiting a final vote on the bipartisan budget deal working its way through the process after democrats blocked an amendment to protect military pensions that happened late yesterday. the two-year deal would ease some of automatic spending cuts known as the sequestration. it would fund the government through 2013 and closing of the government issue sort of off the table now. we'll bring you the latest developments as they happen. some serious new questions about your privacy and government transparency as tech executives pressure president obama to rein in government surveillance programs. welcome to a brand new hour, everybody, of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. welcome at home.

a federal judge who is a clinton appoint eclam slamming the white house to use see credit orders to run of the government without public oversight. releasing a foreign aid order that president obama signed in 2010 but did not make public. martha: nsa widespread surveillance of phone records that is unconstitutional according to one judge. they're getting hit on a couple of fronts on these issues. chris stirewalt, digital politics editor and host of "power play" on foxnews.com live. what is this all about? >> this is not all about not so much what is in the order that the president circulated three years ago. it was the fact that his administration tried to keep it secret and tried for years to keep it secret and fought and fought and fought to suppress media access to this document which seemed bizarre that they would try to control access to something that was widely circulated in the government. in fact they said they were

exerting executive privilege to say that the only people who should be allowed to read it were people who, quote, need to know. judge said need to know? that is not a standard for what the public can look at and not look at inside the government. it is up to them determine who needs to know. this administration continues to take heat for what has been called a propaganda-style approach to the media where they release pictures but don't allow photographers to take pictures of the president. where they tightly control access and prefer to use things like twitter, facebook and other social media to communicate directly with supporters, and not face tough questions from the press. martha: there was something of an open restrained revolt that happened in the white house press briefing last week with a number of reporters piping up. >> that was ed henry on the barricades. martha: exactly. i want to pull up a quote. this is from u.s. district court judge al elaine hovel drawing attention to lack of

transparency on the directive and asking why. she was appointed by clinton the government appears to adopt the cavalier attitude that the president should be permitted to convey orders through the the executive branch throughout public oversight to engage in governance by secret law she says. what is in this thing? why would they be so concerned about it? it's a foreign aid directive, correct? >> it's a foreign aid directive. they are not as concerned what was in it, but setting a new precedent that the president can issue executive orders that the people can't see outside the government. you think about that. it is one thing when you talk about a standard as relates to fighting terrorism and dealing with islamist militants and fighting al qaeda online, et cetera. but when you talk about, i want to issue a directive for the state department about who it gives money to or how it gives money but no one in the public should be allowed to see it, that is not america. that is a weird place to be. and for this administration their early claims about

transparency and everything else ring all the more hollow when you have a press corps that, i think belatedly, comes to realize that they have been hornswaggled. what was promised transparency is tightly controlled, and lack of access. martha: the white house is largest public corporation in the america. ceo is beholden to their shareholders. the president is beholdenned to the people. white house is house of the people. owned and run by taxpayers dollars. the right the head of that organization has the right to spend that money and make decisions in clandestine way except in cases of really valuable intelligence you point out would strike a lot of people as strange. >> you raise a, the president would not be president with not for the people whom he met about

security and secrecy at white house. these are tech firms, leaders of tech firms whose donations and technologies made him president. they sat in a secret meeting. they had a spray. hello, you. and secret meeting of american's data. how much can we take and how much will you take and how much will we divvy up said the president talking to his folks and they talking to him, their guy. you start to wonder who is the ad have cat for the public and little guy in this moment? martha: i think we'll hear a lot more about this. people are very, very uncomfortable with this issue. they're tweeting us about it all the time. chris, thank you very much. we'll see you later. >> you bet. martha: visit our politics page where mr. stirewalt hangs out and puts out a political newsletter. foxnews.com/foxnewsfirst. bill: meantime, martha, the rollout of obamacare facing issues now. the white house bringing out some big guns. first lady michelle obama will sit down for three interviews

promoting the health care law. will talk about the benefits of obamacare and encourage listeners to sign up for health insurance. that is coming up today. martha: a new warning that underobama care your personal habits could cost you a lot of money. new rules could impose penalties for smoking, obesity and other conditions. one top official complaining rules are vague. worries quote a lack of precision in what is going on here. it is kind of troubling. this was in the affordable care act way it was. for instance, cvs drugstores plan to fine workers $50 a month, that is $600 a year, if they refuse to disclose their weight, body fat and other measurements of physical and mental fitness? really? walmart penalizes smokers by $2300 a year if they want coverage. i mean i can sort of see the whole question about obesity and about smoking which are clear health concerns but, you know, when you start to get into your mental health and, those areas,

are a little bit more fuzzy. bill: bring as question to our viewers. what could you think at home? will obama care change your personal habits. what do you think? send us a tweet @billhemmer and at mart maaing that. we'll share some of your ideas by the end of this hour. might change for some. might tick a lot of people off. martha: charge you extra for various habits. very strange. bill: meantime fox news alert on the terror attack in benghazi. four americans killed that day. christopher stevens our ambassador dead as well. first time members of congress don't record, cia contractors testified that there were clearly stand down orders were given in benghazi when the distress calls went out. what does all that mean? senior correspondent adam housley on the story as he has from the beginning. why the confusion when these brave men speak at hearings on the hill? spin appears to be in before they're giving their own accounts, adam. >> reporter: that is completely true, bill. when these men go in front of the committee it is classified. we know a number of others who

did not go in front of the committee and watched hearings very closely and have various reasons and not coming forward and showing their faces. but what we do know their stories have not changed from day one. go back to the reporting from more than a year ago, jennifer griffin and myself, these men alleged, so far told to be true they were told not to go basically. they were not told to stand up but told to stand down in multiple locations around the area. not just in benghazi but also tripoli. we went straight to the committee itself, house intel committee which in some senses has varying reports coming out from its members after they hear from men on the ground that night. we contact ad number. there are several things we do know come out from the hearings. one, contractors on the ground, their story hasn't changed. the military men on the ground, their story has not changed. air support was called for and no lull in fighting. the men were told not to go in multiple location that is night. >> whole issue about the stand down orders is not an issue.

there clearly were stand down orders given to people not only in benghazi but also in tripoli and the state department's counterterrorism team, the n.e.s.t. team which is worst of all. >> this is trickle down effect. scandals that little bits of and pieces information come out. you have to continue to push to get the revelations. bill: i bet you do. house intelligence committee continues to be criticized as by some as you know and house republicans for continued benghazi investigation into benghazi. how are they handling that or what could be next here, adam. >> reporter: couple things are happening. first we've been told the senate is preparing to release its report on benghazi. chad pergram our producer on the hill has confirmed that. we expect to hear from the senate and what they say happened that night. the house potentially got more information. they are pushing this controlled by republicans. they pushed what happen frommed the state department and what happened from the cia angle and what happened from the administration angle.

they're waiting for tons of records have not been released. phone records have not been given to them. it is very difficult but they say they are not giving up. >> we still have to more and more questions. when they say these are phony scandals it is like well, put it to rest. let the american people know what was going on there, why the response was what it was and if it was just a bad mistake, just say it. >> reporter: that was congressman rooney on the house intel committee from florida. one final note, bill, we heard from congressman rooney. the senate is expected to release their report in a week. they say it is basically ready, the smarts 95% agree on what is in that report. we're working to get details. chad pergram on the hill is working that as well. bill: i bet. critical information. adam housley in los angeles. martha: outrage on capitol hill after senate democrats vote to cut pension benefits for the military. >> i know that within the trillions we're going to spend over the next decade we can find

$6 billion, rather than taking it out the backs of our men and women in uniform. martha: a lot of people unhappy about this whole thing. we'll wait for the final vote on the budget. we'll speak with senator wicker about how he will vote and what he thinks about cutting benefits for our wounded warriors. bill: field tanker flips over, catches fire. look at the nighttime video, burning nearby homes as well. the aftermath of this in a moment. plus there is this, check it out. a merry christmas. ♪ martha: toronto mayor rob ford breaks out -- look at him go. bill: yeah. martha: he is a little christmas crazy on the floor in toronto. do we have to call him the crack-smoking mayor i don't remember. does that grow forever? cutting a rug. go, go. we'll be right back. ♪ ♪ ho ho ho

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explosion on the highway in the state of new york. police say a car rear-ended a fuel tanker late last night. that truck overturned, burst into flame. now you see the result. both drivers are taken to the hospital. expected to be okay, believe it or not. two nearby homes and a harley-davidson dealership were damaged. we're told at one point that flames were 20 feet in the air at least based on that. martha: so we are waiting now for the final senate vote on the budget deal and some republicans are vowing to protect our men and women in uniform after the senate approved a cut in their military benefits. new hampshire senator kelly ayote says there are better ways she believes to trim the budget. >> think about it. someone has been injured in afghanistan. one of our men and women in uniform. we've all been to walter reed. they received a disability retirement and what happens? here's our thanks to you. we're going to cut your cost of living increase.

our veterans earned this. they earned this retirement that they received. but think about those who are disabled and their ability to go out and earn with another job? what does this say about the priorities of the united states of america? martha: very strong words from senator ayote there and i am joined by mississippi senator roger wicker, who's a republican who serves on the budget committee and the armed services committee as well. senator, welcome, good to have you here this morning. >> glad to be with you. martha: how will you vote and why? >> i will vote no for the very same reason senator ayote just outlined. i think when we did the, when we do a budget we know there has to be some pain. there is a little give-and-take everywhere. i expect ad fee to go up, an assessment, a maybe a little more withholding. i never dreamed though that we would take military retirees who have already done their part of the bargain, who already served

their 20 years and tell them that retroactively we're going to cut their cost of living adjustment back by 1%. i can't imagine that we're doing this to the people who stepped forward to serve our country with a military career and we're, it amounts to $83,000 lifetime for the average enlisted retiree. over $120,000 lifetime for the average officer. a huge burden when we're supposed to be sort of sharing the sacrifice. it hits the military retire east so hard. martha: pardon me for interrupting. that has people really scratching their heads about this because federal employees did not have any impact of cost living increases in this deal, right. >> that's exactly right and the only thing this budget does is to federal retirees, federal workers, those who joined the

federal service after the 1st of next year will have to pay a little extra for their pension but people who are already serving will be grandfathered. i think we should grandfather the military retirees also. martha: i think one of the most frustrating things about this, and as kelly ayote said, it hits disabled veterans as well, which i think everybody obviously,'s very sympathetic to that but you know why is it that congress can't get together and cut where there is waste, where there are wasteful programs and find $6 billion? i mean we looked at the waste report that tom coburn came out the other day. can't we find 6 billion wasteful dollars to cut? >> absolutely we can. this is about 7% of the total package, the $6 billion that we're taking out of the hides of military retirees. i have an amendment that would, that would eliminate this.

senator graham has an amendment, senator ayote, some democratic senators. there are all sorts of ways to pay for this with just enforcement. martha: with all due respect sir, why aren't they part of the deal? democrats i know there was an amendment you all put through that would have protected this group and democrats will look bad because they didn't support that amendment. why can't there be bipartisan agreement, hey, let's get together to find $6 billion that cut stuff where people won't be so offended over? why doesn't that happen? >> one of the answers, one of the answers to your question, this is what happens when a deal is cut in secret. you know i was on the conference committee. i expected some negotiations to occur but then i expected them to come back to the conference committee and run the ideas up the flagpole. perhaps we would have straightened this out had the committee acted. we certainly would like to have caught the fact that disabled retired veterans are included in this also. the people who cut the deal told

us this didn't apply to retired disabled veterans. turns out they were wrong and we're going to have to go back and fix this but, i think when you bypass the process and cut a deal with just two people in a room with some staff you get this sort of thing. martha: yeah. interesting. senator, thank you very much. we'll be watching. very hot issue today. >> this is a fight we're going to continue. martha: good. we'll be following it as well. thank you so much. >> thank you. bill: the white house trying hard to recover from the botched obamacare rollout bringing in new blood. john podesta is back, appointed as white house cons lore. can he save the day? our panel takes that on in a moment. martha: plus we just mentioned this. this year's waste book. wait until you hear what the government spent your tax dollars on in 2013. you will feel so good about it. superman and brothels in nevada. bill: really? martha: really. that is a good question to find

out what that is about. bill: prince of pizza. martha: now that is technology. ♪ e. keeping up with these two is more than a full time job and i don't have time for unreliable companies.

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martha: here's a bit of a status update where your tax money is going these days. senator tom coburn released reld thiser. >> years "wastebook" of nearly $30 billion in in ex-government spending. remember last segment they could not find six billion? the superman cover is fitting. it includes spending $10 million on a man of steel promotional campaign for the national guard. so there's that. three million dollars for nasa to study how congress works. good luck with that one. 17.5 million in tax deduction

for legal brothels because hey, they need a break too, right. >> it is hard work. the reason it is hard work to cut spending because somebody's ox gets goard. somebody doesn't get money. what does that translate into? it translate somebody is not happy with me at home, which translates into what the real problem is, most members of congress are more interested in getting themselves reelected than fixing what is wrong with the country. martha: maybe he has a point. there was also spending on the study whether marriages can be improved if wife just calm down during arguments? bill: you need ad study for that? martha: i'm sorry? bill: you needed to spend money for that? >> if wives would just calm down oh help me. bill: known that for some time, right? martha: have we? what are you trying to say? what are you trying to say? don't tell me to calm down! bill: no study required. don't spend money on it either.

growing controversy over the strip search of indian diplomat in new york city. charges that she submitted false documents to obtain work visa for housekeeper. the indian government is furious. removing concrete barricades outside the embassy in new delhi, india. over the night the government took more measures to retaliate likes what, james? >> reporter: obama administration is looking to tamp down escalating standoff with a nuclear armed country that is the world's forth largest economy and key ally in the volatile part of the world. after the issue is the treatment of the 39-year-old deputy counsel general. that is usually akin to second in command at the indian consulate in new york city. arrested outside of her daughter's school, she said she broke down many times indignities of repeated handcuffing, stripping, cavity searching and swabbing in a cell with common chris and drug addicts. today indian government is

reining in some perks enjoyed by indian staff at u.s. consulates there including a freeze on their import of duty at this-free alcohol and a probe to see whether any of them are improperly employed. >> obviously the safety and security of diplomat and consular officers are top priority. that they were being afforded full protection. >> reporter: this arrest was carried out by the state department diplomatic security branch, bill. bill: u.s. law enforcement is defending themselves. doing so in somewhat unconventional manner. details on that are what, james? >> reporter: yeah, the u.s. marshal's service release ad faq sheet, something you don't always see in questions. of the was she put in a cell with drug addicts? the marshal's service dodging that one. arrestee was in a cell with other female defendants awaiting court proceedings. nix question, why was she placed in general prisoner population.

she was placed in the appropriate cell. absent separate risk or order prisoners are typically placed in general population. lastly, do you feel her arrest and treatment was, should have read were, justified? u.s. marshal's service was not the arresting agency and takes no position regarding the appropriateness of her arrest. ho marshal's service as reviewed the arrest of her and determined that they handled her intake and detention in accordance with u.s. marshal's service polly directives and procalls. bill, tell you what. bad grammar, clamp down on alcohol. this is serious all right. she was released on $250 bail. bill: thank you, james rosen in washington. >> reporter: you bet. bill: martha. martha: we're days away from the deadline to sign up for obamacare and time for that january first, you thought christmas shopping was on the

list. concerns people are really not enrolling. we'll talk about that. ♪ bill: and this here is rob ford, the toronto mayor, famous for putting his foot in his mouth, dancing a different tune and looking all so jolly at christmas. martha: everybody seems like they're having a great time. a little bob marley. christmas red tie. bill: he is cutting the red. martha: you go for it, rob ford. is that the lady he knocked over. bill: possible. martha: i think might be. ♪

>> new information on teens and drugs. more and more kids under 17 are smoking pot and we are hearing where they are getting it from. wait until you hear this. what did the study find, william? >> supply is up. prices are down. penalties are higher. kids smoke more pot than cigarettes and in states that sell medical marijuana 34% of teens are getting pot from those who buy it legally with a prescription. those findings from the national institute of health. >> we know that most of the

marijuana is not from prescription given to them but prescription from someone else. whether this is a relative or friend that is not clear. >> indeed, 19 of the 20 states with the highest teen drug use have legalized marijuana and that is according to another study. and a majority of teens don't see marijuana as harmful. possession is a $27 fine in seattle and colorado legalized it for minors last night. >> it is clear when you think about kids stealing other prescriptions from parents why wouldn't they steal this one as well. it raises questions in terms of the domestic marijuana and pot

entering the country illegally. where are we with that? >> on the southwest border the cartel is emptying and moving lower cost marijuana to replace revenue. a recent bust netted $10 million in pot. the dea says 88% of cities provide high grade domestic marijuana in an unlimited supply. as a consequence, prices are down. $300 an ounce. pout is out there. if you need it, you can get it. >> free market at work. it is in credible what the world

is coming to. >> we are five days away from the deadline to sign up for obamacare. the original was on sunday but then administration changed it and gave more time for that has led to confusion. sarah cliff wrote this: the deadline for the coverage is on december 23, eight days later than the 15th, and eight days before the deadline to get your first premium payment to your insurer which is december 31st. got it straight? >> the problem is the clock is ticking. on january 1st, those 5-6 million people that have lost their health insurance, guess

what? they go naked without health insurance. they are not covered. and that has people upset. >> you can say january 1, that date is firm? >> that depends on your insurance company. but many companies cancel on january 1. that is a big problem for mil millions of america. >> and the new health care tax kicks in. what is that? >> >> this is a way to pay for obamacare and it is imposed on health insurance plans. so all of us who have it through our employer or the individual market you will pay a tax. it is about $100 for the fist year and it could rise to as much as $500 by the end of the decade. it is a hidden tax people are not aware of. >> there is a lot we cannot say

for january one because the law has changed. that brings us to because you asked -- danny tweets does the president have the right to change the law anytime he wants? >> the law passed, signed by the president, and he doesn't have unilateral power to change laws and that is what is happening under obamacare on several occasions especially when they delayed the employer mandate for one year. we are not just seeing this with respect to obamacare. we have seen this where agencies of government are writing laws. we know from our civics textbooks the executive branch executes the law. but under this president he is

writing law. >> but what he is doing isn't illegal. there is a cause in the executive branch from the take care powers and he has the right to change it. and i think people would find that surprising. >> that depends on your reading of the law. in my opinion, and a lot of legal scholars i have talked to, they say when the president wants to change an element of the law, he has to go back to congress and get it amended and that is not what he is doing. if the president can rewrite the law, what is the hard language standing for? >> but the executive decision is better than going back to congress. >> of course. >> you are the president, that is the way you will do it. >> and i ask why have a congress at all? we have a separation of powers. a system of checks and balances.

the checks and balances are falling off the table in these instances >> i am still angry about $3 million for a study on how congress works. i can tell you for me: congress doesn't work. >> you are hired. thank you, steve. >> if you have a question e-mail or tweet us because you asked and we are online right now. >> the nfl has announced the hit that ended bengals players for the season was illegal. here it comes. it was like a paper towel jammed into his jaw. steelers linebacker blocked him

causing the hit. pittsburgh beat the bengals. >> he changed his picture on twitter to the image you can see when he is horizontal to the ground. he says by poplar demand i found a pick worthy of my new avatar. he is a good guy. >> glad it is a jaw and not something deeper. >> he was going for the ear. that is probably the hit of the year. new fixer joining the white house to help the rollout. can he reboot the administration? >> and this guy must have been real really thirsty. a man trades an alligator for a

beer. >> they have never seen this before. but they were surprised. >> a first for you. >> a for them. >> a for them. too big. too small. d for them. d for them. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection.

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>> we like this video. >> the toronto mayor rob ford is outraged after the admission of smoking crack. this isn't getting him down during the holiday season. busting a move during a counseling section. we danced to bob marley's one love and then a christmas tune. he is planning to seek reelection in 2014. he gave up drinking and he is exercising every day. >> he looks like he has lost weight, he is heathier looking, moving better and it is going to be a big 2014 for rob ford.

>> can't keep the man down. >> all right. turning to washington where president obama is dealing with problems raising questions about whether a new hire can turn things around for the president. the former chief of staff for bill clinton has taken on the job of white house counselor for one here. can he turn things around or is it too late.stion we oppose to our panel today. welcome to the panel, everybody. very interesting in this politico piece. they asked him twice and they were concerned it might leak if

he said no again. and let's pull up the quote about whether here not he can save the day. obama's team was worried he would say no and word of the rejection would leak making the white house look desperate. so the circle of people in the know was kept to a handful. it was so tight that obama con fidants were not made aware. what is all of the secrecy about? >> i have believed when you are called to serve your country by the president that is something you do. whether it is a democrat or republican. clearly, john, who i have the had upmost respect for has the

ability to say no twice. but now he has agreed to this one-year term he is bringing an incredible wealth of experience at at time that is perfect. the white house is turning the corner with the budget deal, obamacare back on track and a million people signed up, we will begin to see more of the benefits from obamacare and immigration is about to be back on track. >> we will keep the tape and see if that turns out to be true. it is as a tall order. and lars, i guess, if somebody has good advice one of the most key things is if somebody gets used to. >> respect for john? this the president who is hiring him to be the first mate on the

titanic. he is sinking fast. and now he brings on him and after saying he is going to get rid of the lobbiest and now he is hiring someone like this. supposedly he is only going to work on energy stuff so we have going to get more green stuff sho shoved down our throat. >> i am not sure environmental issues will be front and center. but i am sure of the poll numbers. let's look at the washington post poll. you mention disapproval rating of 55% and 43% approval rating. it seems environmental issues are not at the forefront.

his leaderships are brought into question. his trustworthy ness is at the bottom right now. do you think this guy with get in his here and encourage that? -- ear -- >> i have respect for john and his ability to do what they want him to do. we have to look at second terms in history. they are always hard and even disast disaster sometimes. when bill clinton was having a hard time he led them out. >> 79% of people think we are in recession still. and health care that has people

worried. >> they may think we are still in recession, but the economy has turned the corner significantly and look, we finally got congress, which john said is a cult worthy -- we got them to do a budget deal. good time. >> we will have a sunny outlook for 2014 which is healthy. we will see if those things come true. >> ten minutes to come. happening now rolls your way. here is john scott with the preview. is john out there? there he is. >> there are fighting words in the white house as the top democrat accuses a republican chairman of stirring fears of obamacare. and the west is sending messages to syria. and the per suit of happiness

too much for some people? is that determined by your dna? >> absolutely it is. be happy, john. would you like to live on the moon? one former astronaut says it will happen. ♪ i want to spread a little love this year ♪

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>> that is a music video. that is chris hatfield performing david bowey's song. he is saying now humans will be living on the moon in his life time. how are you, claire?

how plausible is that statement? >> i think we could do it if we put the funding behind it. >> why would we want to do that? >> it would be pushing humanity out into the the solar system. >> would you live there? >> i would visit. >> kind of a weekend pass? what is the biggest challenge? you say nasa hinted it is working toward this. how seriously? >> they need a rocket to take people there. they are working on that. habitats to protect people from radiation and meteor strikes. and they need to grow their own food. >> it isn't like putting up a new condo. it is more involved. there is a suggestion that india

or russia will be a part of that. should this be a nasa-america project? >> i am all for combining powers. you will have more ideas. >> it will happen? >> well there is obsticals because nasa is prevented from talking to china. >> we will see if the prediction comes through. mar martha, what is next? >> the fight over obamacare is getting more heated. democrats are accusing republicans of trying to care people.

bill: have you heard? there's a christmas tree. have you heard? new year's eve. come out and join elisabeth

hasslebeck and me. we start at 11:00 eastern time on new year's eve on the heart of times square. we'll peel mccallum off the beach in the caribbean. ship her back home. martha: that will be awesome. "happening now" starts right now. bye, everybody. jenna: today's top headlines and brand new stories you will see lear first. jon: a twist on the rich kid's "affluenza" diagnosis. now his affluent family might have to pay big. a helicopter caught on camera plucking a crain operator out of harm's way. why the man's life was in serious danger. dozens of cars go bumper-to-bumper in a massive pile up in new york city. how it unfolded. it is all "happening now." jenna:u