your day with ainsley and fox and friends each weekday morning at 5:00 a.m . thanks for joining us. we'll see you back here tomorrow night. report. good night from washington. on the record with greta is next. can you can you pass this test? it's a multiple choice test. which seems out of place? stocking? obamacare? this was tweeted out, time to #get talking with your family. check out this ad being pushed to people on barack obama.com. >> are you almost here? >> yeah. i'll be there in a few. >> good, because we have something really important to talk to you about. >> we know you don't have health insurance. >> we love you no matter what, but it's time to get covered.

>> that's it? health insurance? >> it's important. >> i know. and i'll do it. i just thought -- never mind. >> former senior advisor to ronald regular and, pat buchanan joins us. >> we're going to talk about the exchanges and how the website is up and running. it's really ridiculous. it reaches the politics of desperation in this sense. look at what we know about it so far. what have they got, 350,000 people signed up so far? 6 million have lost their insurance. by 15-1, more people have lost their insurance than have signed up. this was supposed to relieve the

anxiety on the part of millions, but what has it done? it has increased the ang sexiet tens of millions. if people are talking about obamacare around the table, what are they going to be talking about? can we keep our doctor? what's our premium going to be like? >> young people have to join in to help pay for the older, sicker people. maybe i was an obnoxious younger person, if i had seen that, i would have laughed at that. having hot chocolate with your parents? that wasn't exactly. i might sit around with my family, but we talked about other things besides -- as a young person, my friends and i would have laughed at that. >> i went to georgetown, and at lunch we played the pinball machines. and my buddy got a job at an

insurance company. he was running around selling life insurance. you're a junior in college, and you say, can you get out of here? we're playing the pinball machine. young guys don't worry or care about things like that. and their attitude is not all together bad. now is it a good thing for people to have some catastrophic insurance? fine, but get it out of christmas. >> how effective is this to reach young people? maybe i was that obnoxious young people, so are my friends, i might add who might be watching. >> your point is well taken. this is the politics of desperation. they're running ads like this at christmastime. the whole procedure has failed, ever since the rollout began, what, on october 1. and this is what you do if things aren't working well. >> and their choice is? >> well, their choice, they're doing, it's like a campaign, which is a losing campaign, and

you get all kinds of gimmicks and things to try to raise money to keep it going. and that's what i think they're trying to do. but i think their hope is, basically, in the long run, more and more people will be signed up, the website will work better and the exchanges will work better and the complaints will go down and dem enish. >> and they will all sit around and drink hot chocolate and talk about health care? >> if you've got tens of millions losing their policies, you've got a hellish problem next year. >> maybe the president ought to do more than hit his twitter account. but i think he's got about 40 million followers. >> 40 million is not bad. >> 40 million is not bad. the . there's another fight over christmas at a nativity scene.

now that nativity scene in santa monica banished. because the city banned the public display. and now to the state of wisconsin and the flying spaghetti monster. the atheist group at the university of wisconsin putting up their holiday display to send a message. >> madison, wisconsin? i think you have an answer to that. >> i think it's a great place to go to school. >> what is this, an insult to christianity? they would never do that to allah or another religion. in putin's speech, he said america was dechristianized from the top. it was done from the top and done undemocratically. when we were growing up, there were nativity scenes everywhere.

you heard christmas carols everywhere. and the christian community took it. >> i'm a profound supporter of the first amendment, but why are people so rude? why are people so rude that they want to make fun of christianity or whatever. >> that's just it. >> i mean even something as basic as manners. >> why the necessity to assault the beliefs of certain people, and especially, you look around the world, and i just saw that article that was sent to me, the amount of persecution and misery going on right now and being visited upon christians is astonishing. if you go to the middle east and north africa and down to the sub sahara africa, people are being

murdered and massacred and expelled and driven out of the place where christianity was born. >> prince charles has come out and said that they are being driven out in the middle east. >> they're being murdered and massacred in syria and in iraq. the cops are being persecuted in egypt. this whole battle is, militant islam is attacking everyone on its borders and it's attacking christians if you deal with africa and the middle east. >> why have the islamic

fundamentalists suddenly turned on the christians. >> it was said that we're going to see another rising of this great adversary of christianity from centuries ago. and he proved right. you have a great awakening in the muslim world and a real hostile, militant edge. and this desire to drive christians in all other faiths out of their region. 's a period like you've taken in christian history, if you take the spanish at the terms of inquisition, ferdinand and isabella, the protestants in england under henry viii and you're having that replicated in the middle east. and i don't know how it stops. >> i think the only way it stops

is if muslims stand up to, extremist muslims. the voices aren't strong enough. >> take a look at syria. they're supporting these islamist extremists in syria. >> i saw it this past weekend where you had kurds fleeing syria to kurdistan. >> who is backing al qaeda? these others say we've got to knock assad out of there. who comes to power if assad falls? this isis organization is there. >> there are about 30 different groups in syria who are opposing assad. and all of them are very lousy choices. that's the problem. including assad. >> maybe the devil we know is better than the devil we don't

know. merry christmas. >> merry christmas indeed. and nikki hailey is here. she's going on the record up ahead. first, you hash it out with us. what's the biggest blooper or anchor screw up you've seen on live tv. don't use my name, by the way.

let's all go off the record for okay. let's all go off the record for just a minute. are some just way too sensitive, loving to jump all over someone's dumb mistake? are we ignoring the fact that the next dumb mistake could be yours? or mine? and should the punishment for a dumb mistake be the death penalty? that's what one anchor got, he got fired for an expletive caught live. >> we'll be back tomorrow after football. [ bleep ] out of here. >> yes, he dropped the f-bomb, but he didn't rob a bank. he did something quite human and

very impolite. and it didn't help that the video went viral on youtube. but what happened to someone just being able to apologize. and mistakes? they're human. i think they would be decent and wise to rehire him and just let him apologize and fall on his sword. the viewers get it, just a mistake. and i bet bob beckel will let him borrow his swear jar. this is not enough to ruin a career. we need to lighten up a bit. and that's my off the record comment tonight. if you think i have something to take off the record let me know. the good news, many troops arehome. nikki hailey is a military

spouse. now captain michael hailey just got back and joins us along with the governor. good evening governor and captain. >> good evening. >> captain, first you. what's it like to be home? >> it's terrific. it's great to be back. it's as i left it. so everything is all good here. >> and governor, how about you? are you glad to have him back? or has he come back and taken over the remote control and all those things that husbands do that's annoying. >> oh, greta, we got our christmas wish. i took the first breath i've taken in an entire year. >> so many military families go through, it's tough. and so for politicians to actually experience it like wise. i think you understand better. you get it. >> we're a military family first before we're, i'm an elected official. so what i know are the sacrifices made on both sides the our loved ones go overseas

and feet for our freedoms and our country. we are so proud. but at the same time, we've become the single parent, the financial managers. we have to take care of work and all our priorities. it's sacrifice on all sides, but we could not be more proud or willing to do something for our country. >> captain, what was it like in afghanistan? >> well, as you can imagine, it's vastly different than south carolina or most parts of the country here. but all in all we had a great tour. i was very lucky to have been able to have that experience. the area in which we operated was down in hellman province, which is desert like. very vast in land. but overall, it was a terrific experience. >> what was your job, captain? >> my job, well, i actually had several hats, as many of us did.

we had a small team of about 48 of us. most of them were security force. but about eight of us were part of an agra business team. i was in the capital city where i worked with what would be equivalent of agricultural. our mission in the focus of the military was at that time to put emphasis on putting people to work and one of the avenues for that was through agriculture. >> what do you make of the budget with the cut in the veterans benefits? that certainly has created controversy. >> what you have is they took their first big step with the sequestration to cut the spending that they had.

i didn't agree with the way they did it because they did it across the board. but at least they've cut. now they've gone and reversed it. so now that everybody's talking about military benefits. in south carolina we go and cut every year. and we don't go and cut military benefits. we don't go and cut the things that are important to our citizens. we don't cut those core issues. why is it that they can't seem to get a budget where one, they cut and two, they prioritize on what they cut. it's chaotic, mismanaged. it's poor decision making from my standpoint, but it is d.c. as we know it. >> do you get a sense that we're leaving the country on a good, strong path or do you shrug your shoulders and say this could be tough? >> i think we've done everything right while we've been there. how we exit is important, and that was part of our operations there as the counterinsurgency

peace. i think it's important that we still keep a presence there. that's the big debate now. the presidential election is coming up there. and that's going to be a, obviously a very crucial time in their history. so i think all in all, our, the progress is yet to be seen. there's too much on the table left. so we'll see. >> governor, i understand that you got an honorary black belt today and maybe the captain ought to be a little worried. >> i already told him i'm the commander in chief and he's not listening to that. now i'm an honorary black belt so i'm hoping that will get his attention. >> i'm shooting machine guns and i come back and she's an honorary black belt. >> you can actually break a board? >> i actually broke a board. these hands are tough. >> that's unbelievable. are you surprised? >> it was interesting.

never underestimate your strength. i was a little surprised, but i like trying new things. that was a chaellenge and now i've got a black belt to show for it. >> things are tough, but the military is tough and strong, and these families go through a lot. captain, governor, thank you both. and merry christmas. >> thanks very much. merry christmas. coming up, this 16 year old killed four people and injured two others while driving drunk, and his wealthy parents may have kept him out of prison. but now someone's about to pay for his actions. we investigate his affluenza defense. next ♪ the billions of gallons of fuel that get us to work. ♪ we'd see all the electricity flowing through the devices that connect us and teach us. ♪ we'd see thatlmost 100% of medical plastics

are made from oil and natural gas. ♪ anan industry that supports almost 10 million americanobs. life takes energy. and no one applies more technology to produce american energy and refine it more efficiently than exxonmobil. because using energy responsibly has never been more important. energy lives here. ♪

the affluenza defense. a 16-year-old from a . the affluenza defense.

a 16 year old from a wealthy family using it to stay out of jail. he mowed down and killed four people in texas. two others were injured and one of them's parelized. here is how some define it, a psychological uneasiness affecting young wealthy people. our on the record legal panel is on the case. in san francisco and in washington. do you buy it? affluenza? >> no. by the way, i've never heard of affluenza before this case as such. i got to tell you. the defense lawyers did a brilliant job, but i think the grown up in the room should have been the judge and i don't think that she properly did the right and proper thing here. and i know the d.a. is going back in and is going to try to get another charge of

intoxicated assault against this guy. >> do you buy it? >> california, we take a lot of hits out here. but in california we have a different term for affluenza, it's called spoiled rich kid. and you hit them even harder. and the idea that he's going to be sent to camp for a year for probation is exactly the wrong message. he should be hit as hard as any non-rich kid. >> i'm one of eight kids. i had poorfluenza, but it didn't keep me out of juvenile hall. prescription drugs and drinking, people stop to help somebody, a woman got killed. another woman got killed. she was on the phone with her daughter. i know you're big on this. but it's easy for me to lose

faith when something like this happens. >> it isn't just the drugs and the alcohol. this is a 16 year old. where in the world are the parents? he is a juvenile. but i mean the parent, you know, the fact that they must have just checked out. you know what? i think it's good that there's a several suit because the parents are going to hit big time in the pocket. >> they're going to have to answer that question, a civil lawsuit, there have been civil lawsuits filed by the victims on the four dead individuals. there's been a civil lawsuit filed by one of the kids that were in the automobile. the question is, did the parents know, or should they have known of him having that kind of propensity for alcohol. >> he should have had supervision. they should have known. >> a civil suit is fine, but it's money only. people are dead. and i spent most of my career as a prosecutor. buff the rehabilitation for this kid is hard punishment.

if his parents -- >> punish his parents. >> the court has to. he has to be slapped, spanked, punished hard. >> this judge sounds like she's kind of a touchy-feely, california judge with this affluenza. >> hey, hey, hey. >> you know, of course money isn't going to bring back these dead people. but it's going to hit them with a message. >> you leave a 16 year old at home with prescription pill's vailable and alcohol. i mean, i can't get beyond that, you know, i'm with jim. as a parent, you could give me a billion, and i still wouldn't feel better about my child. >> it's a sad commentary. but what we should look at is the judge should have been the grown up in the room, and i don't think the judge handled this properly. coming up, a seen josh white

house official saying the gop is a cull wot worthy of jonestown. and a new tactic to stand up to the white house. the speaker will tell you himself next.

new get ready to speed read your way through the now get ready to speed-read your way through the news. and this man's very close call. he is blind and he suddenly fell op to the tracks with his seeing eye dog. his lab helped him get low to the ground and he survived. but now he might lose his best friend. the blind man's insurance won't cover the dog's care. hopefully the two woentd be separated. and donations have been flowing in. now to the megamillions. $648 million.

one winner bought a ticket in georgia, the other in san jose, california. have you ever nearly posted something snarky on facebook and then changed your facebook stores everything you write up even if you don't hit the post button. many users are now complaining saying saving people's unpublished thoughts is creepy. a senior white house advisor has said that the gop is a cult worthy of jonestown. of course jonestown was a site of a suicide attempt. let's get to the on the record panel. rick, first to you. john podesta has now apologized.

>> he said it a while ago, maybe a few weeks ago before he took the job. that's the kind of thing you can say on the outside, but you can't say on the inside. and it's exactly the wrong tone to set. coming into a new role like that you think people on capitol hill would want to give him a chance. that's a comment that's going to stick with him. and i don't think you compare people to nazis or cults. >> which has happened to the republicans from time to time. they've been name called all of those, actually. john podesta is a washington veteran. while he regrets these comments there's a little method to the madness here. >> do you think it was dleb rat? >> i think he is trying to rally the base because you have a president who's on the defense, and on the defense with his supporters, technically over obamacare. people who are signing up pour

obamacare. they had problems so far. they're going to ten up through the 2014 election seeing problems. you're going to start seeing problems in i.t. over claims, over payments, you're going soy people losing business-sponsored insurance. there's going to be problems within the next year. a lot of that will be within obama's own base, people who support obamacare. he's got to rally the base. the best way to rally the base is to demonize your opponents. they've called republicans suicide bombers. they've likened them to terrorists and so on. so it's nothing new coming out of this white house. >> after john podesta said it, he apologized. boehner's office graciously accepted it. but then the chair demanded that obama fire podesta. >> i don't know about that. but it cut the premise of his

hiring. it undercuts that message with a bitter, partisan message. the goal here for podesta is to use executive power to go around the republicans. the message is the gop is crazy. we need executive action to pursue things on the environment. he's there to circle the wagons. keep the liberals on board, protect obamacare and pursue new things especially on the environment. >> everyone says such stupid things in this town. who's the last person to insult the other. i applaud boehner's office for accepting the apology. >> it isn't fatal. podesta is a veteran. he's somebody that people think will bring much needed balance inside the white house. so there's a lot of people who are still supporting him. >> even speaker boehner, though,

he's not in the mood technica y particularly to play. take a look at this video. >> the american economy, the greatest in the world, is stuck in a new normal. high unemployment, stagnant wages, slow growth. we can do better. here in the people's house, we're focused on getting our economy moving again, passing good jobs bill, energy. >> and the bill is passed. >> education. >> the bill is passed. >> agriculture. >> and the bill is passed. >> health care. >> the bill is passed. the bill is passed. the bill is passed. the bill is passed. >> but senate democrats are standing in the way. president obama is just standing on the sidelines. mr. president, what are you waiting for? >> potent or not potent? >> this is a preview of 2014 of

the and i think it's a really interesting piece of messaging. the message is don't talk to us about the do-nothing congress. look at what the senate isn't moving on. look at what the white house isn't doing. we're getting things done. and because of the way the, people are going to say he's more proactive. the bill is passed. >> how can you get it viral besides us chewing on it. >> this is the first attempt. i think they're going to have to be edgier to make it viral. but this is the preview. it's the middle of december. it's time to start thinking of the new year. and i think it's a taste of what's to come. >> there was report out that sense 1947, this congress has enacted fewer laws than any congress since then. >> this is a preemptive a little bit. >> i think it created breathing

room in the budget where they can get out there and say we do have a message. we can work together. the obamacare debacle, plus the budget agreement has created that breathing room. and you're going to see a new health care initiative rolled out in january to help people with pre-existing conditions. you're going to hear democrats say the republicans have no plan. and republicans want to say, no. look, this is our agenda. >> in order for it to be effective, the punch has got to land. most america's looking at christmas right now. >> the punch on this is that is the house republican agenda. there are actually things that we could do that are bipartisan that would boost the economy. there are efforts to reduce the corporate tax rate, which would bring some of that $2 trillion that is sitting overseas in cof.

bring that here. look at this economy. it is still fragile. it's still struggling. we still have record-high unemployment. >> if you're looking for bipartisan, we're going into an election. hold onto your seat. thank you. and now you get to be the judge. when you were a kid, did you refuse to eat your broccoli? how about your brussels sprouts? how about if you got paid? some students end a nickle, some a quarter. no word yet if this works for the homework. so money professional, you be the judge. can students get paid to eat vegetables or is this stupid. and coming up a new health care battle. insurance companies are fighting

hospitals. why? because hospitals are helping patients pay their bills. plus the football jersey that will help you. you'll want to hear this.

time to okay, everyone. it's team ime to hash it out. it's hard to outshine president obama especially in his own house.

one tweet, obama surprises white house tourists. >> good to see you. what's your first name? >> darnell, sir. >> how are you. what's your name? >> janel. >> i love you too. >> i've never been ignored these many times, ever. >> not to worry, steve, at least you have a sense of humor about it. and one nfl jersey could give you a perk. want to board an alaska airlines plane early? wear your russell wilson jersey. they're offering priority seating as lock as they're wearing the seattle seahawks jersey. and a case of social media multi tasking goes horribly wrong.

tourists distracted by facebook plummets off pier in australia. a woman was browsing on her phone before falling off the pier in the chilly water below. she was floating on her back because she could not swim and still clutching her phone when help arrived. and coming up, another obamacare battle. insurance companies are not happy with hospitals for trying to help patients pay their premiums. what's the problem with that? you're going to find out next.

there is a new bate there's a new battle for obamacare. insurance companies are fighting hospitals that offer to pay premiums for low-income patients. why would they do that? explain what the problem is. >> well, hospitals want to be able to pay premiums on behalf of some of the lower income

patients who come in who even if they get a subsidy can't make up the difference themselves. they are concerned that sick people have coverage. right now they eat the cost of treating them. they have an opportunity under the health care law to transfer that cost. >> if someone comes in without insurance, the hospital may have to eat thousands and thousands and thousands of dollars of medical tests and treatment, whereas, it may only cost them $50 to make a contribution to the person's premium. >> you've got it. you can understand why the hospitals want to do it. you can understand why the insurers think that shouldn't be happening. >> where is this happening? >> it's tricky. the exchanges are not federal health programs. that's an important legal des igs nation. because things like medicare are subject to the strict kickback laws that make this type of

thing illegal. although they had made this ruling about them not being federal programs, they discourage it. it's in a bit of limbo right now. >> they would discourage it. it doesn't mean hospitals can't cou do it. can they deny a hospital's ability to do this. >> sol of the best counsel work for hospitals and some of the best work for insurers. the hospitals are looking at whether they could create a non-profit. and they could use the charity to do to. it's really being fought out as we speak. and the hospitals are not yet moving forward to do it until they know they have the green light. >> when i read your article, it was the first time i'd heard of it. i thought that was very generous of the hospital.

i now see the economic advantage. but i suspect we're going to see more of this. >> it's something that charities are more interested in more broadly. it's not clear if there's anything to stop a third party in general from paying things. it appears a friend or sibling or relative could do it. so the hospitals think why not us. what you see with the health law is the big change in the way insurance is priced. it's based on how old are you and where you live. and insurers are scared. thanks very much. and coming up, one small business employer put money aside to give her workers a pay bump. but she can't do it. don't forget to watch hannity tonight. he's going to have senator cruz at 10:00 on hannity.

it's time to show you what we're watching. we put together the most now it's time to show you what we are watching. we put together the most fantastic videos out there. take a look. toronto mayor rob ford, this time busting a move during a city council session. ♪ one love ♪ one heart >> wow, that's so good. let's watch it a little bit more. ♪ let's get together and feel all right ♪ >> you think he's smoking something? and the strapgsest cat attack caught on camera. this woman trying to scare off the crazy cat. that's when the cat pounced, jumping straight onto her face. that's pretty scary. peanut butter and jelly,

macaroni and cheese and playing guitar? ♪ ♪ sitting on the dock of the bay ♪ >> talk about talented. and that's what we are watching tonight. health care costs skyrock skyrocketi skyrocketing. one business claims they have to spend money put aside. sir... i'll get it together i promise... heeheehee. jimmy: ronny, how happy are folks who save hundreds of dollars switching to geico? ronny:i'd say happier than the pillsbury doughboy on his way to a baking convention. get happy. get geico. fifteen minutes could save you fifteen percent or more. where does the united states get most of its energy? is it africa?

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remember when the president said this?

>> they said this w remember when the president said this? >> they said this would being a disaster in terms of jobs. there's no widespread evidence that the affordable care act is hurting jobs. >> one small business owner says that's not true. health care expenses are costing so much that it equals the cost of hiring a new employee. so you wrote an op ed. and how much is the increase going to be for your business? >> in the case of our business, we, like many other small business owners have been faced with opening the mail. and in the last 30 days have learned that our health care costs are going up substantially. our firm has 13 employees. and we've learned that the added cost of obamacare is about $44,000 a year for our business, which insures about 26 men, women and children under our plan. >> what kind of business do you have? >> we have a small investment

banking firm that advises entrepreneur led businesses. >> i think any business facing a $44,000 cost increase is going to look at it two ways. it restrains ways to help your current employees or restrains your act to hire new employees. i think there was a lot of rhetoric going into the discussion over the last few years around the affordable care act. and there were promises about if you like your plan you can keep it and if you like your doctors you can keep it and that costs would go down $2500 a family while improving the quality of insurance. and i think at the end of the day, reality is now setting in. and i think it was hard to envision that the law would actually be able to deliver on those many promises.

>> do you hear from other small business owners that they have the same kind of gripe that they could have hired somebody? >> in the course of what we do, we work with small companies that tend to have 25 to 250 to 500 employees. and in their case they're looking at a 31% increase on their health care costs. the way they're going to help mitigate that and maintain their cost structure is to pass on higher deductibles to employees. so in this particular business's case, they're going to end up with a 20% increase in their health care cost while doubling the deductibles for their employees. and at the end of the day, that impacts how much businesses can hire in terms of new employees. and it impacts families' pocketbooks if they're paying added deductible costs. >> thanks for joining us.

>> thank for thanks for having . and go to greta wire.com. good night from washington, d.c. we'll see you on greta wire,.com. you have now entered the all greg zone. let's welcome our "red eye" guests. she is so hot her breath leaves 3 degree burns. i am here with author and columnist and fox news contributor, jedediah bila. and he is lested in the who's who of who isn't? it is andy levy. and he is our black santa or so he tells us when we find him with a sack of things at our house. it is comedian sherrod small. >> hash tag red eye. >> he is teaching in the comedy special, what we wasted our year on airing next friday 9:00 p.m. on something called nbc. >> it is a major network, man. >> and she is so