fox today. we thank them for their service. we wish them merry christmas. happy holidays. great to have you all guys here. bill: keep doing wonderful work. martha: have a wonderful holiday. >> thank you. bill: we have to run. "happening now" starts right now. jenna: we'll take that any day, right? breaking news on today's top headlines and brand new stories you see here first. jon: a negative online review spark as controversial lawsuit, raising serious concerns about rights to free speech. our legal team weighs in. an ordinary bus rhine take as frightening turn when a gun-wielding thief targets a unsuspecting passenger, the whole thing caught on tape. we'll tell you what happened. taking place on a wild ride going the wrong way on the interstate. why she says she did it and the charges she now faces. it is all "happening now."

jenna: we have brand new poll numbers as the president reportedly considers new limits on the nsa in the wake of a spying scandal. great to see you everybody as we get ever closer to christmas. i'm jenna lee. jon: not that far away now. i'm jon scott. a "fox news poll" take r taken over the last few days shows the president may have a real credibility problem with just 45% of those surveyed saying he is honest and trustworthy. that number is falling from a few months ago. that is huge drop from his high at 73% during the beginning of his permanent in 2009. joining to us talk about all this, tom bevin, executive editor of "real clear politics." you've seen the numbers falling, tom. what does it say? >> well, i think, and we've seen this not just in the fox poll but other polls as well and i think the primary driver of it, jon, is the health care, his broken promise, if you like your plan you can keep it, if you like your doctor you can keep it. that has been very much front and center in the news.

it was a problem police, it was out there and everybody understood it and they understood it's a promise that has not been kept and i think that is the primary driver of the negative numbers on the president's honest and trustworthiness. jon: those are numbers typically the most different cut to turn around, aren't they? job approval ratings go up and down, depending on the economy. stewardship of the economy ratings go up and down but honest and trustworthiness, if you get tagged as being unfrost worthy the american people are slow to give that credit back to you, aren't they? >> very much so. i mean, you know, trust is sort of the coin of the realm when you're president and to your point, once that's a gone it is very, very difficult to get it back. what happened with obama, i think not only was this promise on obamacare, everybody understood wasn't connected but it connected some other dots and drew those things that the president said he didn't have any idea about the irs scandal and those sorts of things. all of sudden those dots are all

connected and it becomes more after credibility problem than one promise. it is the aggragation of things over time. jon: what about this scandal involving the nsa and its gathering of information that includes americans, foreign leaders and so forth, is that the affecting the public's perception of the president's trustworthiness? >> it may be. it is tough to jon. the primary driver is really the health care promise that was broken. it certainly feeds into the idea that this administration that promised to be the most transparent. it feeds the issue into the idea of big government especially the story about the nsa and recommendations. the president will be under a lot of pressure to make some changes. jon: the panel he convened himself has proposed fairly sweeping changes in the way the nsa conducts its business. presidential spokesman jay carney says the president will be taking a look at all that but we've seen this in the past

with, you know, the economic commissions and so forth. president has appointed panels to make recommendations and then they go nowhere. >> correct. did that with the bowles-simpson commission on the deficit. and so, but i think this is a little bit different. first of all you have the public pressure. the public doesn't like, especially the one program that is really the problem is the metadata program, right? the mass surveillance of all-americans phone calls and whatnot. the public that doesn't like that. the president just had a meeting with tech executives at the white house yesterday. they're not happy with it because it is undermining their business competitiveness around the world. you have the pressure from congress, you have a bipartisan coalition, rand paul on the right and folks like pat leahy and ron wyden on the left. that is posing change to the law. the president will have to buckle and make changes in the coming days. jon: do you think he will have to accept the recommendation of this panel?

if you're getting criticized by some more liberal senators like ron wyden and patrick leahy as well as conservatives and libertarians like ron paul you've got a real problem? >> correct. and look, the panel made 46 recommendations. i'm not suggesting that the president will adopt them all. white house already signaled they will not adopt one of them perhaps even more but on the big major issue of the metadata program of the in. sa, mass surveillance program of innocent americans, their phone calls, emails, et cetera, he will have to work with congress to come up with real new guidelines to restrict with the nsa is doing there. jon: the real headline as far as you see it the driver of the negative numbers of the polls in terms of trustworthiness that is all about obamacare you say? >> i think it is. from the moment that the health care site launched, and it came out about the promise and president trying to recoup that, that is, since we've seen his numbers slide and they continue

to go down, to your point it is tough to turn it around once the trend starts sliding. jon: tom bevin is the cofounder of "real clear politics." tom, thank you. >> thanks, jon. jenna: right now in washington, d.c. the senate is considering a key bill to fund our military. it is called the defense authorization act. it is a $562 billion bill with lots of controversy over a few key items. our chief congressional correspondent mike emanuel has details from capitol hill. mike, we're running down the clock here. what is the latest when the vote will happen on this legislation? >> reporter: well, hi, jenna, at this rate it could come late night tonight with everybody anxious to get home before christmas. the senate military authorization bill could reach final passage at end of the day. they pass ad procedural hurdle by 71-29 vote last night. it would $568 billion in the pentagon in 2014 and $80 billion for afghanistan and overseas

operations. here is senate majority leader harry reid a short time ago. >> this is an important piece of legislation we're going to vote on. today the senate will continue debate on this critical measure with safeguards, which safeguards our nation and insures our troops have resources and training they need. >> reporter: this falls under the category of must-pass legislation. the only question at this point is when it will get that final vote, jenna. jenna: and, mike, what are some of the more controversial provision that is are in this bill? >> reporter: well it does allow the obama administration to move some detainees out of the facility at guantanamo bay, not to the united states but to other countries and the concern for somewhat happens to those folks at that point? do they return to terror operations overseas? others here on capitol hill are upset about what they describe a, a lack of input. >> now with just days to go before christmas after wasting valuable time ramming through

political appointee after political appoint ethe majority wants to rush this crucial legislation through without debate that it deserves. they want to push it through the senate without even giving the minority to ability to offer more than a single amendment. >> reporter: critics note on average this bill is considered over the course of nine days and some 130 amendments are offered, this time a much quicker deal and few amendments. jenna? jenna: we'll continue to watch it, mike. thank you. >> reporter: thank you. jon: one minute you're standing there on the bus minding your own business. next a guy with a gun targets another passenger and the whole thing is caught on tape. we'll tell you more about what happened here. plus, attention target shoppers, the giant retailer making a startling announcement concerning your credit or debit card information. millions of people are affected. a live report on what is going on there next.

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jenna: well, this is a big story. especially at this time of year. retail giant target trying to get the bottom of a major security breach after announcing that about 40 million credit and debit card accounts may have been stolen during the height of the christmas shopping season. garrett tenney streaming live in chicago with more on this story. garrett, what is going on here? >> reporter: yeah, jenna. this announcement comes during the busiest shopping time of the year. the chain says that between november 27th and december 15th over 40 million customers had their bank account information that was stolen. it was stolen during the checkout process when they used their credit or debit card. the information that was stolen,

it includes the customer's name, credit or debit card number, ex-perper race date and three-digit security code. with that kind of date that would allow thieves to create counterfeit credit cards. if pin numbers were intercepted they could withdraw money from atms as well. authorities including the secret service are investigating whether or not the pin numbers were stolen and trying to find out who is responsible for this. they don't have any information at this time. we spoke to the secret service. they said it is an ongoing investigation. target says it meanwhile revolved the issue and has been identified, so customers shopping at stores now don't need to be worry about that. for customers who have shopped there between november 2th and december 15th though, they are encouraging them to keep a close eye on their bank account statements to look for any unusual or suspicious activity. they're encouraging them to get free credit reports from any

credit agencies as well. now if you do believe that you have been affected, that your bank account information has been stolen, they have set up a hotline for you to call to be able to talk to them and they will be able to help you through that. we have that phone number for you at bottom of your screen. 866-8512-8680. again, 866-852-8680. jenna? jenna: this story really developed over the last few hours. new information coming out, garrett, thank you very much for that full summary what we now know at this time. it may change. that is the big question though today, what do you do if you were at target and you've been shopping and you know you spent some money there? what is the next step. we have a cybersecurity expert coming up next hour to take your questions. we will figure it out for you. we hate anybody to have anything stolen this time of year. jon: would be nice to put people's fears to rest. you want to stick around for that. new information on the arrest and strip search of a

indian diplomat in new york city that is quickly becoming a international incident with the nation's foreign minister demanding the u.s. drop its case defense this woman, devyani khobragade. she is accused of lying on the application for her housekeeper. they came the housekeeper tried to blackmail the diplomat and should face charges. eric shawn joins with us that story. >> reporter: as you said, india's foreign minister wants the charges dropped. the prosecutor is showing no signs of changing his mind at all. in fact he is strongly defending his office's actions in the arrest of khobragade. khobragade is accused of falsifying work visa documents to get her indian housekeeper in the u.s. of the as part of her arrest the u.s. attorney acknowledges she was fully searched but it was done by a female deputy marshal in private and in accordance with all security procedures. the prosecutors says she was actually treated better than an american citizen would be when arrested. he defend his investigation saying, quote, this office sole

motivation in this case as in all cases is to uphold the rule of law, protect victims and hold accountable anyone who breaks the law, no matter what the societal status and no matter how powerful, risch or connected they are. the fact that kobe -- khobragade was stretch searched provoked protests outside the american con sewsue late in india. strip searches are extremely rare for women in india. to soothe over indan-american tensions, secretary of state john kerry called his indian national security advisor counterpart, his spokesman addressed this. >> the secretary understands deeply importance of enforcing laws and protecting victims and like all officials with responsibility inside the u.s. government expects the laws will be followed by everyone here in our country. >> reporter: the case is continuing and khobragade, she is free on $250,000 bail, jon. jon: the tension continues.

>> reporter: except if they accept the explanation. jon: no easing of that. eric shawn, thank you. jenna: terrifying showdown on a crowded bus. a thief sticking a gun in the face of an unsuspecting passenger. the whole thing caught on tape. we'll show you that. this woman post ad negative review of a company online. she says the company retaliated against her. she is now suing and the case raising questions about free speech online. >> this is fraud. they are blackmailing us for telling the truth. ♪

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jon: new video shows a violent scuffle on a seattle bus. a guy points a gun at the face of a passenger apparently trying to steal his cell phone the

startled victim, sees the gun, pushes it away and tackles the thief. other passengers come to his aid, holding suspect until police arrive. moments before the showdown the gunman robbed another person on the bus. now he is facing multiple charges. jenna: scary situation there. a new lawsuit raising questions about what you say online. in 2008, the family called the palmers, ordered a christmas gift from kleargear.com and, the gift never arrived. so they posted a negative review about the company online. kleargear.com responded by fining allegedly disparaging remarks. and when the family didn't pay, the company reported their debt to credit agencies and apparently this has ruined their credit. now the palmers are suing the website for $75,000 for ruining their credit and the case is raising a lot of legal questions about what you can say online.

heather hanson, trial attorney and ebony williams, a criminal defense attorney. great to have you both here. this again is the season for this, right? folks order a lot of stuff online. you get disappointed, take to yelp, give a little review, one wondered are you protected? what do you think about this case in general, heather? where does the company get off even fining these folks for saying anything about them? >> listen, jenna, companies are in a tough position because they don't want the bad publicity out there. they're at the mercy of bloggers and online reviewers, that said there is really nothing they can do. they had this non-disparagement clause which is not fair to have in this type of contract. people have the right to go online and post reviews as long as they're honest or their opinion. jenna: it is interesting, ebony, the non-disparagement clause has come up. apparently the company on the website had non-disparagement clause it claims was in terms of use of the if you saw this you agreed to it.

do they have a leg to stand on there? buried in this announcement or this clause was the fact that you can't go and review them negatively? >> right. well two points on this right, jenna? first of all the palmers attorney disputing whether or not the clause was in the terms of use at the time the palmers made their purchase. second of all, even if it was in there, jenna, doesn't mean they have a leg to stand on the court could decide on its face patently unreasonable to be a term in this contract in the first place. that is what i would submit. i agree with heather. a consumer has the right to voice an honest opinion. if we take that away, jenna, aren't all of us consumers at mercy of the businesss? where is account accountability of businesses. has to be an issue. jenna: i reached out to this company for a statement to kleargear.com they have yet to respond. we wanted their side as well. ebony, let me go back to you at that point. when if the company finds

themselves continually harassed by a unhappy customer, do they have rights there? maybe they do not because online it doesn't extend there? >> no, jenna, they would have a recurs. if they are unfairly targeted by consumer who is targettings them unfairly. sure at some point they bring a claim. at some point they can file some type after suit that would prohibit that, injunction from stopping that particular consumer from unfairly targeting them. that is issue for the court to decide. to preeminently from consumers voicing true opinions of service. that is unfair. jenna: what is interesting, heather. not that they were angry about comments. they then said we're fining you $3500. since you did not pay it we'll report you to all the credit agencies and this is what the family is truly upset about. >> jenna the thing is, what this company wanted to prevent was bad publicity. if i were lawyering to this company i would say you brought on some pretty bad publicity yourselves. i think they should not have pursued the case the way they

did. we wouldn't be talking about it. we wouldn't be talking about the palmer's review. this is really poor publicity they brought on themselves. jenna: let me turn you both into our personal counsel if i can free of charge at this moment for our viewers. because i'm sure a few of us, present company, thought about writing a negative review because of treatment or service. heather, to you first. then ebony, i will get your thoughts. should we be concerned about that? how should we do that and can companies take legal recourse if we're not exactly responsible? >> i think if you're the consumer you have to be careful. you have the right to voice your opinion. you have the right to state facts. but if anything that you state borders on mistruth, you are going to be held liable. the place where you are posting these reviews is protected. there is laws that are protecting sites like yelp and trip advisor. so if a company feels they have been wronged, it is you the consumer that will be targeted. you need to be really careful what you write. you can do it but be careful.

jenna: ebony? your thoughts? >> heather is right all about the preciseness of the consumer's language. be careful you're not in any way representing untrue. the truth is your defense. even if the company comes after you they deem to be negative, if the truth is on your side and have that as legal defense. if you stray from the truth in any way you will expose yourself to civil liability. jenna: real quick, does it matter if you're giving a review one the website or going to another place like yelp for example putting review out there for a different portal. >> certainly more flexibility on yelp or some other third party review site. when you're on the company's website, read the terms of use carefully, that should not, we don't want a chilling effect they feel they are not able to be honest in their reviews of companies. jenna: i give you two thumbs up my online review is public. great to have you on. a very interesting story. we'll see if it goes anywhere from here. >> thank you.

>> thank you, jenna. jon: the patriarch of "duck dynasty" is at the center of comments he made to "gq" magazine. details and media reaction next. across america people are taking charge

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court action for the wrong-way driver who almost hit a sheriff deputy on the highway. the amazing video of that near miss and others. fire erupts at a strip mall tearing through several stores as more than 100 firefighters work to tame these fast-moving flames. jenna: this just in. a big story today. a major dust-up over the hit tv show "duck dynasty." a&e network announcing the suspension of the show's patriarch, phil robertson following his comments on homosexuality in "gq" magazine. william la jeunesse in los angeles. if we didn't read the piece you will catch up what phil had to say. >> reporter: robertson was suspended for calling homosexuality a sin based on his religious beliefs. ironically others in hollywood gotten a free pass making gay jokes and such. after heavy lobbying by the gay community, robertson was suspended for saying this, i'm quoting.

everything is blurred what is right and what is wrong. start with home sexual behavior and morph out from there. bees tee alty and sleeping with that woman and these men. don't be deceived, north adulterers, idoltores, male prostitutes, home sexual offenders, greedy, drunkards, slanderers swindlers they will not inherit the king come of god. gay rights groups immediately fired back and called the comments vile and offensive and demanded that robertson apologize for his religious views. surely a brand like a&e doesn't want to be associated with such racist and home r homophobic remarks. just for context, medical gibson made such remarks in the early '90s, major studios continued to hire them. tracy morgan, john mayor, donna summer, they all made antigay remarks and did not get abandoned by hollywood. jenna: so what is a&e doing?

>> reporter: a&e says he will, robertson will appear in the first few episodes of the new season because they have already been shot. they're going forward. he will not be in the series. now, a&e released a statement saying, quote, we are extremely disappointed in phil's comments. his personal views no way reflect those of a&e who have always been strong supporters of the lesbian, gay, bisexual and transgender community. reaction to a&e's decision to punish robertson were swift. sarah palin said, and i'm quoting, free speech is an endangered species. taking on the "duck dynasty" patriarch for voicing his personal opinion means taking on all of us. bobby jindal, governor of louis said, and i'm quoting. phil robertson and his family are great citizens of the state of louisiana. the politically correct crowd is tolerant of all viewpoints except those they disagree with. case in point, director of the blockbuster, movie, "x-men" made antigay remarks. continued making movies and two

years l years late he received an award from glaad. robertson said my mission is to go forth around tell people why i follow christ and what the bible teaching and that part of teaching is men and women are meant to be together. according to a new group, the faith driven consumer, a group is christian group, simply put, phil robertson is being censored for quoting the bible. they are starting a petition drive to reinstate them. jenna, a&e is in a jam. back to you. jenna: very interesting war where it goes from here. this is a fresh story. interesting to get the statement from the governor of louisiana we'll be talking about that in our next segment how louisiana was portrayed in the article. william, thank you very much. we'll stay close and see if anything happens in the next couple hours. how does the right to free speech balance with the right of a private media company like a&e? ellen ratner, talk radio news service bureau chief joins us. jim pinkerton, contributing editor and writer for the

"american conservative" magazine. both fox news contributors to and great friends of us and each other. nice to have you on. this is very interesting topic. a lot of directions to take it. in general, ellen, what do you think of this? >> i think actually phil needs to apologize and move on. a lot of people say things that are offensive or upsetting on television and radio. we all make mistakes and he just needs to apologize. he offend ad whole group of people. in terms of the religious aspect, there are lots of gay church that is follow christ. lots of metropolitan community church being one of them. dignity, a catholic group. so i think that it doesn't mean that people aren't following christ just because they are, happen to be gay or homosexual and a have child that is gay or homosexual. jenna: jim what do you think about that? an apology and move on, do you think that will be the end of it? >> i will say i don't agree with robertson said but i defend his right to say it. there is free speech. i agree with sarah palin and governor jindal on that. i think however you will see a

test here of the power of the professional outrage groups to force phil robertson off the air forever. i'm sure that is their goal unless he completely abases himself to them which is possible. i suspect what we're seeing here is a power play and a kind of a purge of southern white christian patriot attic culture out of tv and meanwhile people like william la jeunesse also could have mentioned alec baldwin who has been an angry homophobe and still doing tv commercials. jenna: interesting you mention about the south and christianity and conservatives as well. ellen, i like to ask you about that. this is based on one "gq" piece where the reporter definitely had a point of view going into this piece. in some ways one could argue he almost approached it like anthropologist going in to see the strange bearded men in louisiana, who have fox news on, who sell duck calls, who have a cache of deadly weapons, and who is surprised the report in the

piece they don't sell rifles. shocked that they don't sell rifles. is this actually a fair portrayal of this person, or, is this in some ways a unfair critique of southern christians? >> well i will say this, that look, he got himself in hot, phil got himself in hot water with his remarks, there is no question about that. on the other hand obviously the "gq" reporter did have a point of view and he used his free speech rights to do that. now phil can come out with his point of view, but again, you can't be saying anymore, bible is used to justify slavery at one point. you can't really be putting down a group of people in this day and age. this is the year 2013. very different place than it was when some of these people made remarks in the early '90s. jenna: jim, interesting, this is also another quote from the article. william read the quote that a lot of folks have issue with, and it is very controversial. here is another quote that phil

also said just a paragraph later, quote,. we never ever judge someone who is going to heaven and hell. that is the almighty's job. love them, give them the good news about jesus, whether homosexuals, drunks, terrorists. we let god sort them out later. >> that is christian faith. that is not everybody's interpretation of it and his interpretation and represents a lot -- the show is extremely popular, for a reason because it strikes a chord with the american public and it would be a shame if a&e gets terrorized into throwing him off the show. >> jim and i agree he shouldn't be thrown off the show, if he apologizes. looks, is this is forgiveness season. we're all into that. and i can even forgive him, but, he has to say to the american people, particularly the gay lesbian community, and he is sorry for what he said. it was not right. jenna: ellen, where is a&e on this though? here they have made millions of dollars off of this program and they have let this family be who

they are and talk about faith and talk about family. does it surprise you that an a&e person wasn't around, who wasn't aware of this interview if it was such a franchise they so deeply wanted to protect they will suspend one of their stars? >> i don't understand why the a&e person wasn't sitting in the interview. that is often done be it congressional interviews or media interviews where you have your pr person with a, something that records the interview. and it is also surprising that they're so silent about this. not a good idea but they want to protect their audience and they're making money. it is a lot about making money. jenna: jim, what is the precedent that's set as well? if you're asked your opinion on something and you're celebrity or anybody or individual, are you not allowed to give it or the word choice? if he chose the wrong words here and he should have been a little bit more >> you're perfectly free to give your opinion as long as you agree with the dominant mainstream media culture. they love it. you're perfectly free to say you

love obama and united nations and penguins and global warming. you're totally free. if you say something you don't want to hear, that is when they put the knife in you. jenna: you say he needs to apologize. what does that need to look like? >> i'm sorry if i offended anybody. i do have my religious beliefs but i believe gay members and lesbian members of our society should have equal rights and, and the ability to, to not have people be prejudiced or say, put them in the same sentence as bestiality. that is really what is so offensive. >> amen to that. jenna: now, if he doesn't, that is the other question, this has been one of the big breakout hits the 2014. what do you think this means for the franchise overall, jim? >> that is where, a&e, really does, you're quite right they didn't, they should have interfered with "gq" getting close to begin with. no way that interview will turn

out well. family is on their own. they turned down a chance to be on barbara walters because to go duck hunting. they're operatings on their wave length in west monroe, louisiana, than new york city. that is why the show is popular. jenna: a lot of our viewers, probably that was a good decision. >> keeping who they are. >> i love those ducks. >> that is look, the show is funny panned patriotic and charming and good-natured. i think a&e will have to show some leadership here and sort of broker this because i don't think they want, a, they don't want to antagonize anybody here in manhattan but they don't want to lose their billion dollar franchise now. >> i think they're hiding some of their prejudice to try to look cool with, you know, red, white and blue bandanna and all that. i'm not so sure i agree with you on that show. jenna: it is interesting. again, it is interesting to note who wrote it. the point of view that they have, what they're bringing to the table and how that becomes

media attention nationwide. it is one article, one comment and it will be interesting if phil robertson comes out and has anything more to say. great to have you. big story. we'll share some of our viewers comments throughout the next hour. thank you. jon: a&e needs the robertsons, more than the robertsons need a&e. jenna: that is interesting point. jon: i wouldn't be surprised to see the whole family walk off. forget it. you don't want phil on, we're dumping it. jenna: one wonders what the sons will do. jon: my prediction. my prediction. jenna: you heard it here first. jon: one woman faces the music after leading sheriffs on a terrifying ride going the wrong way on the internet. familiar questions about a new campaign theme working its way back into president obama's speeches. have you heard about income inequality. why one analyst thinks there may be an ulterior motive here. "the wall street journal"'s dan henninger is in the house. we'll talk to him next.

jenna: a milwaukee driver takes sheriffs deputies on a wild ride going the wrong way on the internet, never a good idea. this is dash-cam video and you see, looks likes highway video, interstate video. the car nearly striking the deputy's car head-on. she is in spot shadow blowing past traffic. it went on for six miles before cops finally pulled her over. deputies say the 33-year-old told them she had a few beers and was following her gps directions. she is now facing drunk driving charges. amazingly, luckily, no one was injured. jon: in his latest wonderland editorial for "the wall street journal" entitled obama's prozac presidency, daniel enanyonefer writes the quote, income inequality speech of reflecks

mr. obama burying everyone in listening difference between vast, vague, unanswerable guilt. yes it is done out of political calculation to distract from obamacare and this belief that the president has dark reductionist view of the u.s. system 200 years before he graduated from high school in 1979. daniel enanyone gear, deputy editorial page editor of "the wall street journal" i hope i did your words justice with my rescitation there, thank you. the president is talking about income inequality a lot. why? >> i think one reason, jon, clearly to distract attention from obamacare which is just devastating the democratic party and his legacy, no question about it. he has to change the subject but, look, jon, this was a very, very long speech. 7,000 words. he covered a lot of ground and i think he gave this speech because he really, personally believes that income inequality in the united states, as he

said, the country is more profoundly unequal, has been profoundly unequal, since 1979. at one point he says, half of american adults will fall into poverty at some point in their lives. then to me the most incredible statement was, he likened income inequality in the united states to that in jamaica or argentina. this is really amazing. jon: interesting because the time period that he cites coincides with the jimmy carter presidency when we had terrible stagflation, inflation along with a stagnant economy, and then ronald reagan comes in to office and part of what may have propelled him into office is the campaign commercial he ran, morning in america. take a look. >> it's morning again in america. and under the leadership of president reagan our country is prouder, and stronger, and better. why would we ever want to return to where we are less than four

short years ago? ♪ jon: part of the re-election campaign commercial, clearly one president can make a difference in four years. ronald reagan did. >> well he certainly did. in obama's speech he literally says, that the u.s. economy inequality began to unravel at precisely the time ronald reagan was saying those sorts of things. so here we have two profoundly different views of the american system. reagan's and obama's, which i think is a very dark, reductionist and pessimistic view of the way the american system works. jon: he is talking about income inequality. does he not recall that, well, one of his big supporters, oprah winfrey, was born in mississippi, one of the most poverty-stricken states in the country, see she is now a billionaire. >> yeah. jon: george soros is born into communism, one of his supporters. george soros is a billionaire. you can make it with hard work

in america. >> barack obama and many on the left, this is not just him, a whole point of view developed by academics on the left many years have a static view of american society. the idea that nobody can move up through the income scales and people at the top stay there and never come down. it's a very dynamic country, jon, and i don't think barack obama sees it that way at all. jon: you point out he has been president for the last five years and has something to do with -- >> there is all these opinion polls out say people are down in the dumps about the lack of opportunity right now but that reflects the way people feel in his presidency. he has been president for five years. we've had a growth rate of about 2%. ronald reagan had a growth rate of about 7% for several years. and i think if people could they would go back to that right now. jon: daniel henninger from "the wall street journal." >> thanks, jon. jenna: horrifying crime. a young man slaughtered in broad daylight on the streets of a major city.

what will happen to the killers. a battle to stop the flames. next

jenna: right now in the aftermath of a massive fire that tore through a strip mall in the los angeles area, several stores damaged. at least one roof collapsed as this fire quickly surged to three alarms. amazingly though no reports of any injuries. more than 100 firefighters worked to contain the fast-moving flames of after two hours they had it mostly knocked down. quite a task as you see on the screen. jon: some new information now on a brutal murder that shocked the world with the verdict just coming in against two muslim converts accused of hacking to death a british soldier. it happened in broad daylight on a london street. amy kellogg is live in london with the latest. amy. >> reporter: hi, jon.

well there never really was any doubt that these two men killed the british soldier as you say in broad daylight on the streets of london. in fact, jon, they even tried to justify what they had done but what today's guilty verdict does is provide an opportunity for this story, this horrific story to be begin to be put to rest for a family who has suffered so enormously. now the two men who were convicted michael adebolajo and michael adebowale, british citizens who grew up in christian hopes in london and converted to islam and quickly radicalized and were told being soldier of allah is not a defense in law. adebolajo said they were looking for a soldier around the barracks and came across lee rigby, 25-year-old afghan veteran and father after little boy. when they saw rigby they plowedded their car right into him and dragged him into the middle after street near a school in broad daylight and began attacking rigby with knives and machetes and nearly

decapitating him they claim for revenge of killing muslims at the hands of british soldiers. the killers wanted to be caught as they remained on the crime scene ranting who went after police who subdued them. it is believed they have wanted to go down quote, as martyrs that didn't happen. their sentencing will take place in the new year. rigby's family had this to say. >> we're very proud of lee who served his country. we will now focus on building a future for his son jack, making him as proud of lee as we all are. >> reporter: the muslim council of britain called this a dishonorable act that has no place in islam. the killings of course, and this trial as reporters have said repeatedly was one of the most graphic trials in recent memory here in britain with all the details that the family had to listen to again and again. so for now, jon, it is over. back to you. jon: at least this ends for them. amy kellogg, in london. thank you. jenna: a lot of comments on our big story of the day.

one of them the "duck dynasty" controversy. we want to know what you think. you can actually join our live chat on foxnews.com. plus so many americans are confused about obamacare. we have a panel of doctors here to take your questions. join our live chat. we'll see youan in a few moment 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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i'm glad adt could call for help. so am i. [ male announcer ] protect your independence. call today for more information and ask about special discounts for aarp members. adt. always there. jenna: new developments on our top stos and breaking news this hour. jon: brand new polls painting a grim picture for president obama as he wraps up that 16-day media blitz trying to push obamacare. so did the campaign work? plus, a white house task force recommends scaling back the government's powers when it comes to spying on americans. will the president go along? and a lego car that really drives, and it's all, all lego, "happening now." ♪ ♪ jon: some brand new polls "happening now" showing president obama in some serious trouble. i'm jon scott. jenna: welcome to the second

hour of "happening now," i'm jenna lee, and fox news polls taken just in the last few days show a majority of americans disapprove of the president's job performance, and many p don't even believe he's trustworthy. mr. obama gets low approval ratings, all suggesting the president has his work cut out for him as he heads into his sixth year at the white house. our chief white house correspondent, ed henry, is live at the white house with more for us now. the president continues to take a hit in the polls, and folks are saying it's really about the new health care law. >> reporter: that's right, jenna, because it's cutting to the heart of the president's trustworthiness, how he's seen, whether he's honest or not, some of the promises made on health care have been broken. fascinating as well is a new york times poll that the people the president aimed to help are not sold on the law, and you dig deeper, 37% of the uninsured telling "the new york "the new s poll think they'll be hurt by the law, 33 think they'll be

helped. what the white house is trying to do, you saw the first lady in the oval office yesterday with some moms saying these are the kinds of folks being helped by the new law but also can lean on some of their family members to actually sign up. here's secretary sebelius. >> the young adults are also a population who may or may not be insured depending on their situation in a job site, but often they'll listen to their mother about how important it is to get health insurance. >> reporter: we've all talked, you hear the secretary there, and a post live today basically saying that they need those young people to make the math of this new law work. around the holidays, how are you going to say no to mom? jenna: i wouldn't dare, to be honest with you. [laughter] >> reporter: do not if you want a good christmas, you're going to be nice to mom. jenna: that's right. keep the peace. republicans are pushing back, though, in the white house, and they're pushing back about the assertions of the cost of repealing obamacare. walk us through what's going on

the in this part of the debate. >> reporter: sure. yesterday, as i mentioned, you had the president, first lady talking about moms, now today there's a new report the white house is pushing that suggests, look, if you do what some republicans do which is repeal the law altogether, individual states where people are getting insured, they're going to end up getting hurt, and there's an economic impact, etc. but republicans like ted cruz say this is ridiculous. take a listen. >> we're going to win this fight on obamacare. we are going to repeal this law, because it isn't working, and the more the energy -- the american people get energized, go to make d.c. listen.org and tell your story. >> reporter: that's one of the big questions as we end in this year, the president tries to reset things this january with the state of the union address, undoubtedly a big piece will be about trying to push forward on implementing this law. you're still going to have a determined republican effort to repeal it altogether. the sweet spot may be whether

the president can keep the law from being repealed, but make some significant changes to potentially improve it. jenna: a big story as always, ed. thank you. >> reporter: good to see you. jon: and the white house wrapping up a 16-day media blitz to try to promote obamacare including a meeting at the white house just yesterday in which moms shared their success stories. so did this whole campaign do anything to move the needle with americans? a new fox news poll showing 54% of voters wish the health care law had not passed. 38% is say they are glad it say they are glad it did. another fox news poll finding 53% of americans feel the law should be repealed, 41% think it should be kept in place let's talk about it with nina easton, fox news contributor, and jonah goldberg, editor at large for national review online and a fox news contributor as well. welcome to both of you. nina, what do you think? the white house has been

spending more than two weeks on these daily pronouncements to try to get americans excited about and signing up for obamacare. has it helped? has it worked? >> well, you know, that's a bottom line problem, jon, is the white house has been treating this like a campaign-stylish shoe or a pr blitz rather than what it is, which is the government trying to remake one-sixth of the economy. it's a big, complex, difficult job with a lot of unintended consequences. as we've seen now, people losing their insurance, people losing their doctors, people losing the kinds of services they're used to. so this isn't something you can just go out and keep talking about, it's something that he needs to kind of turn back inward and make do as best he can. jon: the president is quoted as saying, jonah, if i've got to fight another three years to make sure this law works, that's what we'll do. well, he's had the last three years or more to make this law

work, what's he going to do for the next three? >> talk a lot more. [laughter] i mean, this is the fundamental problem with the guy is that he has this sort of limp yang idea that his job is to proclaim things, and then things will happen. he thinks that if he gives a press conference about how the web site's going to work, that will have some effect on actually fixing the web site. there's no connecting wires there. and so he thinks that if he has to fight for three more years, it's three more years of campaigning, three more years of finger wagging and not actually three more years of actual management in trying to get this thing to work. and that's the problem, it's sort of like the thing about if all you have is a hammer, every problem looks like a nail. for obama every problem looks like an opportunity for another speech rather than actually running the government and implementing the law properly. jon: we spoke last hour about a new fox news poll that shows that 49% of americans find the

president untrustworthy. i want to bring up something related in the fox poll, nina. when asked did the obama administration know ahead of time that people would not be able to keep their doctor, 61% -- according to this fox news poll -- 61% said people, said, yeah, the white house knew ahead of time that people wouldn't be be able to keep their doctors. that's almost two-thirds of the country. if they're feeling that way, that doesn't bode well for the implementation for the rest of the law. >> he's lost a level of credibility on this that's going to be very difficult to retain. for two reasons. one is that these promises that he made, you can keep your insurance, you can keep your doctor and we're finding out that's not always the case. but secondly, i think it's important because with it goes to the heart of people's lives. you know, he's not just talking about even something like the nsa momentum really affect your day-to-day life the way your health coverage does. of it's scary. and i think it makes people --

when 16 million people including the dependents have lost their health insurance, that's something that sends a ripple of anxiety through the body politic and makes people very nervous and angry at him. jon: and now, jonah, we've got, you know, michelle obama sitting down with moms at the white house and urging people to sit around the christmas table, the dinner table and sign up for health care. what do you make of it all? >> yeah. i think nina is exactly right about this. is that, you know, i mean, who among us actually knew that there was a 16-day media blitz going on from the white house? their ability to command the conversation and really change people's minds has really atrophied, if they ever had it to begin with. this law's never been popular. but, you know, the idea that somehow a photoop at the white house with some human props is somehow going to outweigh getting a cancellation letter or outweigh losing the kind of coverage that you wanted for yourself and your family is ludicrous.

and that's the real problem. you know, the defenders of the law say -- and they're right -- the people have lost coverage or lost their doctors, have lost their networks for years. not all of this is the fault of obamacare. that's true enough. the problem is that obama and the democrats own the entire field of health care now, and obamacare is turning health care into a mass hmo. and so now whether there's a direct cause or not, people who have any problems -- and you see this in these polls -- people who have any problems in their health care attribute it to obamacare. and i don't think that's good news for these guys. jon: all right. well, the 16-day blitz is over. we'll see where the sign-up numbers increase much at all. jonah goldberg, nina easton, thank you both. >> thank you. jenna: another big story, fiery comments from ukraine's president. in a televised interview essentially telling the west to mind its own business and to stop intervening in what he calls ukraine's internal affairs. you might recall that senator mccain was with some of these demonstrations over the weekend.

the president also announcing plans to partially join a russian economic union moving ukraine part from the west. -- farther from the west. massive protests since the president's decision nearly a month ago to suspend a political and trade agreement that would move the country closer to the e.u., the president's comments coming two days after russia announced a bailout package for ukraine. jon: from political turmoil in ukraine to the civil war in syria, activists there trying to rescue a man trapped in his car after a building collapsed on it during government airstrikes. this happening in aleppo, the commercial heart of syria. the aerial attacks by the regime reportedly killing nearly 200 people in recent days. syrian war planes said to be resuming their bombardment today. jenna: also right now a closer look at the recommendations by a white house task force on ways to reign in the nsa. the proposals placing a high priority on cybersecurity defense and potentially having a

major impact on the way the spy agency defends the united states. our chief intelligence correspondent catherine herridge is live from our d.c. bureau with more. >> reporter: thank you, jenna, and good morning. the chairman of the house intelligence committee, mike rogers, reacting this morning with clear reservations that they would limit the intelligence community's ability to collect data against threats to the u.s. quote: i have serious concerns with some of the report's 46 recommendations and the intelligence collection reforms must be careful to preserve important national security capabilities. the report calls for americans' phone records to be held by a third party or the phone companies, not the nsa, but dennis blair you see there, the former director of national intelligence, told the aspen security conference just last summer that in 2009 the government approached the phone companies to hold the records, and today flatly refused. -- they flatly refused. another recommendation would reduce the use of cyber warfare technology that has never been used before, hence the term zero

day. critics say the technology is important because it's able to infiltrate systems before defenses are built and patches are developed. and before the release of the recommendations, the white house spokesman insisted that any reform would not roll back the u.s. government's capabilities. >> he does believe that we can take steps to refind our practices and make sure that we are collecting intelligence, gathering intelligence in a way that serves our security needs in a focused way and not just because we can because we have the capacity to do so. >> reporter: the criticism is that the recommendations are very broad and vague, and in cases they set new requirements, in other words, in their view limits on what the nsa and the intelligence community can do. so all of this will be hashed out in the briefings just about

an hour there now at the white house as well as the state department, jenna. jenna: a story we'll continue to watch. >> reporter: r. jon: taking on the most dangerous drug cartels by going underground. fox news takes you along with a task force as it searches for drug tunnels. plus, some people are just not in the holiday mood like this guy, a real life grinch. caught on surveillance camera stealing christmas presents. the story and the pictures still ahead. [ woman 1 ] why do i cook? to share with family. [ woman 2 ] to carry on traditions. [ woman 3 ] to come together even when we're apart. [ male announcer ] in stuffing, mashed potatoes,

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boats, a tunnel may seem a bit prehistoric, but the san diego tunnel task force tells us they have busted almost a half dozen supertunnels in recent years, and the truth is they're very well financed, so the tunnel task force decided to take us inside their most recent bust to show us exactly what they're up against. running the length of six football fields, 40 feet underground inch by inch carved out by hand. >> this is how they pretty much tug the majority of this tunnel. that, a pick axe and and a shovel. >> reporter: how long did that take? >> anywhere from a year to a year and a half. >> reporter: mexico's cartel spent roughly a million dollars constructing this tunnel. it's one of dozens in recent years busted by the task force, and investigators say every time they shut one down, another is being built. >> what makes tunnels like this so sophisticated is they have electricity, they are ventilation, they even have a

rail car that brings the drugs from mexico to the united states. >> reporter: working on a tip, the task force busted this tunnel before any drugs could hit the street, seizing more than $12 million worth of marijuana and cocaine. the task force uses the latest technology and word of mouth. >> a large percentage of what they do is really good, old-fashioned prison work. >> reporter: in an effort to keep the drugs, the criminals and the violence out of the united states. >> when we are able of to have a success like that, it just goes to show that when you work together and the goal is to put the bad be guys in jail and to stop them, that you can reach that goal. >> reporter: the task force has a very active outreach program where they go to businesses on the border and ask them to report anything and everything that could potentially be suspicious hoping that it could lead to their next bust. jon? jon: like whack-a-mole on a very sophisticated scale. will carr in los angeles -- >> reporter: that's right. jenna: we've got a mean one

here, cindy lou who. a grinch in clarkson, michigan, taking a package on the front porch intended for a fifth grade teacher, that teacher planning to give about $200 worth of gifts to her students, and that grinch took 'em and is still on the loose. so watch out for him. bad guy. jon: really. well, some new poll numbers on president obama's job performance. why some are now comparing him to president george w. bush. and a panel of doctors taking your questions about obamacare, how you could be be impacted when you need help the most. get your questions with to us. log on to foxnews.com, right there on the home age you'll find a link to our live chat. click on it, let us know what you want to know about obamacare. ♪ ♪ ♪

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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?

jenna: four days and counting, december 23rd is the deadline to sign up for obamacare so your covered starting january 1st. this after the rollout to have web site where folks are supposed to sign up but have had trouble, that is just the front end of the process, as we know. what will happen when people actually start going to their doctors or the hospital? will the level of care for your family change? last week dr. prish ma mclaughlin testified before congress about how the affordable care act will impact patients. >> in a large city like new york city, a studio apartment is $2,000 a month. how is a person earning $50,000 -- which, by most standards across this country, is not a terribly small amount

of money -- but someone earning $50,000 in new york city paying $2,000 rent for a hole in the wall cannot afford a $3,000 dedeductible for a plan that is being advertised as affordable because they take the bronze plan. jenna: so what will happen with an individual like that or really for everybody else? dr. mclaughlin joins us now, along with dr. kathleen london, they're going to take your questions on obamacare. so you can submit those by logging on to foxnews.com. on our chat we've got a lot of folks on. doctors, it's great to have both of you. dr. mclaughlin, i'd like to start with you. in the scenario that you painted out, can you respond to this question from our viewer? will people still be treated if they show up and they don't have the money to cover a multi-thousand dollar deductible at the beginning of the year, will they still get treatment

in. >> the way the plans are constructed is the patient has to go to an in-network only facility and in-network only participating physicians. that is one of the major complaints that most of the physicians are having with how these plans have been constructed or architectured. we need to have a greater diversity of facilities and physicians to handle the increased numbers of patients who are now insured. so the answer is, if you go to a facility or a doctor that is not in your network, you will be responsible, unfortunately, for the cost of that care. jenna: what do you think, dr. london? what do you think of that scenario in general? >> well, let's start with this has nothing to do with obamacare, and to blame it on that is false. networks go back really to late '90s and early 2000s were the beginning of networks and tiered plans. massachusetts saw a big rise

even before romney was governor. so that part of it has nothing to do with the aca. insurance companies are doing this as way to start giving what conservatives have wanted, which is competition and choices. so a bronze-level plan, yes, is going to be a cheaper plan, and in exchange for it being cheaper, you are limited in your network, and you will have a higher deductible. if you go up to a silver plan, that will be different. so you will -- you have a choice. jenna: sure, okay. >> that's the difference. jenna: so jim has this question on our chat in general, that being what it is, insurance being what it is, obamacare being what it is right now, dr. mclaughlin, this is the question, will obamacare affect decisions on my medical treatment? will it effect the way doctors are making decisions whether or not i receive a plan that's in the obamacare umbrella? how will our care be affected? >> physicians will continue to treat patients, as they should, giving them the best care and

the appropriate care for their condition. that will not change because of obamacare. jenna: this is a great question from garrett. how does obamacare actually affect access to and the racks of medical care? -- racks of medical care? -- practice of medical care. i have to take a quick break, but garrett is asking for no doom and gloom nearys, no propaganda, just actual day-to-day practices, so so we're going to answer garrett's question after the break. please log on to foxnews.com right on the home page, you'll find the link to our chat, and you can jump in. there's a lot of folks talking about it. we want to get your questions before the end of the year, jon, so folks know maybe how to prepare for the year ahead if they need to. jon: still so many people with questions about how this is all going to work out. also the big story everyone is talking about today, the star of duck dynasty, phil robertson, suspended from his own sew more comments that he -- show for comments that he made to gq magazine. we want your thoughts, tweet uss

@jon scott fnc. so what do pinocchio and president obama have in common? we're going the tell you that coming up. and with the deadlines to sign up in just a few days, so many americans with so many questions on what obamacare means to them from pocketbook issues to the kind of care they will get, our panel of doctors returns to answer your questions. log on to foxnews.com, click the live chat link, submit your question, and we just might get to answer it on the air. that's coming up. this is for you. ♪ [ male announcer ] bob's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen.

jon: we have some great questions coming in and as promised our panel of doctors will be answering them regarding obamacare and what it will mean for you and your family. meantime the president who brought you obamacare is topping some lists and they are not santa's nice lists. the health care rollout debacle leaving him at the top of this year's "washington post" pinnochio award list and "politifact"'s highest ranking for pants on fire status. doug mckelway is live in washington with more on that. doug? >> reporter: hey, jon. with those indof the year demerits, no secret the president's fortunes have fallen. bigger questions what are the political implications of it and can his effectiveness be resurrected for the remainder of the second term a poll asked is

barack obama honest and trustworthy. only 45% said yes today. 41% said no. compare that in april of 2009 when 73% said yes and only 22% said no. >> if the website had rolled out badly but the plan promise had been kept, again it would have been a containable problem. it is when you get the two of them working together that you have something that really kind of stirs a lot of people and gets to a place in the public consciousness that is hard to erase. >> reporter: asked directly whether the four pinnochios and pants on fire labels will be cemented in history white house spokesman jay carney recently said this. >> end of the year category races are always fun even when they don't jibe with the past categorizations of very same statement. we have owned and acknowledged that rollout, this fall has not

been up to the standards that we expected and where there have been problems. >> reporter: the record of recovery from past presidential prevarications is a bit mixed. president george w. bush never fully escaped the mission accomplished banner nor did president clinton escape, i didn't have sex with that woman comment. he did have a strong second term president george h.w. bush lost his bid for a second term after the read my lips, no new taxes pledge. as of then, americans today maya president depending on their own prosperity and that of the american economy. jon? jon: doug mckelway, whose pants are not on fire in washington now. doug, thank you. >> reporter: not that i see. jenna: i am glad he checked just in case. nice job, doug. we'll go back to your questions on obamacare. a lot of questions. live chat on foxnews.com homepage. back with us, dr. patricia mclaughlin, an ophthalmologist and patricia london a practicing

family physician. how does obamacare actually affect my access to in the practice of medicine? what would you say to garrett? >> number one regardless which plan you pick and deductible you have all the preventative services will be covered with no cost sharing. number one. number two, every insurance plan in the new insurance marketplace is required to have enough health care providers so you can get the care you need without an unreasonable delay. it will be up to state regulators to enforce that. if they are breaking the law, that is not the case. the other piece of that to remember is that your emergency care is now covered wherever you go. that is another requirement. jenna: that is interesting. can i stop you there for a second because it is interesting. another question came in from joseph and dr. mclaughlin i will go to you and dr. london, you can jump in. joseph was asking about emergency care. if a person who has obamacare, he wrieswrites, makes the first

premium payment and go to the emergency room and apparent think with a high deductible that is part of a lot of plans, dr. mclaughlin does he have to foot the bill for the e.r. because his deductible $2,000 versus what it was previously? what happens to somebody like that? >> unless dr. london has additional information but i do not believe that emergency room care is free. i believe that the first dollar amount that come to pay any bill need to satisfy the deductible first. regardless of what plan you have. now some plans indeed on the new york state marketplace have a small deductible, but they come with a very high premium. if you're not in the category financially to have a subsidy, it is just a matter of do you pay a higher premium every single month, or do you have a lower premium and thin this immensely high deductible. now, all of this is fine if all you need is preventative care. but if you're ill, that is when

the deductible and the large coinsurance amounts are going to kick in. we talk about this as patient first dollar amounts. this is a totally new concept that most patients who currently just had co-payments are now going to have to face, come to grips with and deal with and i don't think this has been talked about sufficiently. it is not enough to say there are inexpensive plans to purchase. you have this other, major factor to deal with and you have to come to that realization. jenna: dr. london. >> we went through this in massachusetts and both as provider and getting insurance for me and my employees. it depend on your plan. you do want to look at where sometimes if you're admitted to the hospital the co-pay is different than if you show up with a cold empty emergency room. you want to check all those. is it truly an emergency or not. there definitely will be a difference. and again, this is choice and competition. do you want to pay up front and pay for a higher premium and have a lot more choices and lower co-pays or back end.

jenna: that is question some of our viewers have as well. is there enough options, enough competition in the marketplace right now? or does it seem like it is going one direction with high deductibles and higher premiums a quick final question for you both before we have to leave. molly has this question whether or not if there is not enough people to sign up if not millions of people sign up for the obamacare into the state exchanges then how does that change your picture what happens in 2014? dr. london, to you first and then dr. mclaughlin? >> i have no reason to think that is going to happen. our experience in massachusetts the people who were either not insured or deeply underinsured who came into it and i think the same thing will happen here. i don't think that is a scenario that is realistic. jenna: dr. mclaughlin? >> first of all, one important fact, none of these plans have out of network benefits. that is the major fault of the architecture of this plan. competition is not just the cost of the plan. it is the fact can you even go out of network and get some reimbursement for seeing your physician or going to the hospital. one of the most important things

is to know that the hospital that you may need for a specialty care such askancer, or multiple sclerosis or some other very limited disease, make sure that at least that hospital is in your network. don't just choose a plan based on price. now i don't know. the reports are showing that young people are not signing up. i'm, we know that we need young people and their dollars to offset the cost of care for older, sicker individuals. this is a problem right now and it is not going to be solved in the next two weeks for certain. i don't know what will happen in january. and also, misdemeanor of the doctors don't even know if they're in the network or not in the network. there is a lot of confusion. everyone needs to check, double-check and triple check. jenna: i promise you both we would get you out by 12:40 because you have patients. >> that's right. jenna: you have real jobs you have to get back to. we have a ton of questions. i hope you come back. i would like to talk to you both about out out of net-net work picture you bring up, dr. mack laughlin, what scenarios we see

in 2014. i hope you both do come back. >> it has been a pleasure, thank you. jon: well, a lot of comparisons these days are being made between president obama and his predecessor, george w. bush. when it comes to approval ratings. some interesting numbers in a new poll and what it says about how history will judge mr. obama and what he needs to do to turn things around. >> hi, everybody. we were working on something. great to see you, bill. >> and you. >> and you're live right now. bill looks like live. coming up at the top of the hour we'll talk to howard kurtz who has a very interesting perspective how the a&e network handled the "duck dynasty" controversy. >> a thank you ad that you have to see to believe. hits hard at democrats that vote in favor of obamacare. that is coming up in 20 minutes. see you then. >> see you then.

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jenna: fox news alert. ventura county, california, we're watching a high school and hopefully the helicopter will pull out a little bit. a high school is in lockdown in ventura county. the name of the high school is moorpark high school. an hour ago the local sheriff received a call about suspicious activity. as a precaution they placed the school in lockdown. no injuries to report other than that but there is a significant number of officers at the scene. we're lucky enough to get this shot from our affiliate out there in l.a. this is about 50 miles northwest of los angeles. is so we don't have control over the shot, but this is the scene there and we're trying to get a better idea what is actually happening at this high school and what caused this lockdown. but right now as of this moment moorpark high school in ventura county locked down. we'll keep you posted as we hear more. jon: welsh "happening now," president obama struggling to turn things around after the botched rollout of his signature achievement, obamacare. with low approval ratings some are comparing his second term to

that of his predecessor, president george w. bush. alex eisenstaedt and carrie brown write in "politico." as president obama heads into the 6th year in the white house aides are all too familiar with the notion that his predictment looks like george w. bush's eight years ago. dogged by crises largely of their own making whose welcome with americans has worn thin after two marathon elections n a new "fox news poll", americans were asked how history will judge barack obama's presidency? only 6% call him one of the greatest. 28% say he is one of the worst. talk about it with angela mcglowan a fox news political analyst. what do you think? the approval ratings, and we'll get to those in a second, the approval ratings of the two presidents are pretty similar at this point in their administration es but barack obama's are actually lower right now. >> two different people, two different times. you know history will judge the legacy of both presidents but if

you look at bush administration, president bush, jon, took responsibility and when the country needed him to lead he was a leader. hurricane katrina kat, he didn't wait months and weeks after hurricane katrina, listen the bucks stops with me. i'm president of the united states. i take full responsibility. yeah. jon: don't you think people largely formed the opinions of the bush administration on the response to katrina which was perceived fairly or unfairly as bungled? >> i think again his legacy will speak for itself years to come. i don't think they judge the president's legacy, george w. bush's legacy. george w. bush was not afraid to talk to the press. this president we have now is scripted. he listens to polls numbers and took him so long, jon, to come out give somewhat of an apology on obamacare. and george w. bush didn't blame other people. with the president's failed policies, president obama, he pointed fingers at republicans. he said it is unfair that the gop wanted him to fail.

if you look at george w. bush, he stood up there and even certain policies, jon, that weren't popular with the republican party, you remember 2000 two, the stimulus check that the president sent out? free checks for people to spend in the economy. conservatives didn't like that but bush thought it was a good thing to do. bush bailed out the banks, the first stimulus act, republicans didn't like that. but the president brought people to the table to actually lead. president obama is not bringing people to the table. jon: it is interesting, let's take a look at president obama's approval ratings right now in comparison with george w. bush. 41% approve of the job he's doing, 53% disapprove. you can see that those numbers have changed significantly from this time a year ago and now president bush's numbers in december 2005, same point in his second term, 47% were approving at that point, 52% disapproved. this, this president, president obama, came into office sort of

deriding the bush administration talking about driving the economy into the ditch and so forth. >> yes. jon: you have to wonder what the next president is going to say about the economy and everything else that he inherits from mr. obama? >> i'm hopeful our next president, whether a democrat or republican, will go in and lead, jon and not blame his predecessor because that is what america needs now. if you look at the obama administration, more people on the government dole. people that living from paycheck to paycheck. former black caucus chair emanuel cleaver say, if obama were a white president, we would march on the white house? reason being unemployment rate in the black community. unemployment rate in the hispanic community. most people that supported this president are actually suffering today. from the bush administration days compared to today our country is more divided. our country is more polarized. we have a president now talking about income inequality?

and still trying to blame bush and people who have versus the people who have not? jon: three more years to see if he can turn some of these numbers around. angela mcglowan, thank you. >> thank you, jon. jenna: well the security breach at target is said to be so massive and so alarming that it has the attention of the secret service. the secret service is actually investigating right now. 40 million cards could have been stolen. an identity theft expert joins us next on what you need to know.

jenna: absolutely mind-boggling massive security breach involving possibly every single one ever target's 1800 stores across this country. 40 million credit and debit card accounts were potentially compromised with the magnetic

strip on the back of your cards. the secret service is currently investigating the breach. we have a personal security and identity theft expert and joins us now of the robert, i should mention the dates. between november 27th and december 15th. the day before thanksgiving up until this sunday, if you shopped at target you used a debit or credit card you could be in the group. if our viewers are in that group, what should they do? >> my wife's in that group. i think i might be too. you have to pay close attention to your credit card statements because when bad guys get access to this type of information, they know the clock's ticking, that that data eventually might be use lues once discovered in the card numbers are canceled. they will make charges, make unauthorized credit card transactions over the phone, in person, they will clone card and rack up as many dollars as they possibly can. check your statements as quickly as possible and refute unauthorized charges. jenna: robert, will you proactly can sell your cards over

something like this. >> this is a question people are asking me all day today. i am not. i pay close attention to my statements. i refute charges if i see them. once you cancel it, that is it. you might not get a new card a week or two. you could have used another card you might not use at that store. it is really important to pay close attention to the statements. as long as you're doing that, you should be fine. jenna: how do they get the information? does seem like hacking of actual devices where people were swiping their cards? or in the broader computer system that target has? >> i would suspect the broader computer system that has access to all of the point of sale devices because if 40,000 point of sale devices were actually compromised, meaning somebody physically swapped them out or attach ad device to each one of them, that would be the largest organized crime in the history of the world. jenna: well -- >> i really think they have had

to have gotten access to a server that talks to all these point of sale devices. >> who do you think does something like that? who, where would you look first? interesting the secret service is involved. this is massive if indeed it is the truth about what happened. who did it? >> a lot of breaches that have occurred are done by organized web mobs that function here in the u.s. and are scattered throughout the world. they are technologists, criminal hackers that understand the mechanics of how all this stuff works. often they might need somebody on the inside here to make things happen but in general they can function on the web from all over the world and find the vulnerabilities in these networks and get paid all over the world too. jenna: we would love to follow up with you, robert. especially because this story is very new and fresh. i hope you got something good at target. i hope your card is not compromised as well. >> christmas present. jenna: great to see you. hope to have you back.

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the folks from the super awesome microproject clicked together the first drivable lego car. it is road ready thanks to the pistons that run on compressed air. it can cruise 17 miles per hour. and the only part that is not made of legos is the wheels or tires. we have talked about duck dynasty that suspeppeded the star of the show for the things

he said in gq mag zone regarding his faith. phil should never apologize for speaking the truth and no phil, no duck dynasty. >> and big mike said a &e has the right to do as they wish and the vowers have the final say. >> america nows headquarters starts now. >> two-thirds of americans want to delay obama care by one year. 67 percent said hold off and that is up step points since the roll out in october. >> welcome to hq. i am bill hemmer. and i am alisyn camerota and another dead line extension and people who buy coverage by december 23rd will not have to pay until next year. chris wallace is the host of fox nows sunday and what should we make of the deadline extension, chris. >> january 2nd, mo