martha: wouldn't it be great if we could buy one extra suit with your donation at soldier socks.com. be patient on the website is having some problems. so many were trying to donate. we thank you for that. merry christmas to everyone. i will see you tonight at 9:00 p.m. i will be in for megyn kelly. gregg: have a great day and "happening now" starts right now. jenna: today's top headlines. jon: a connecticut teenager caught in the middle of a drama. locked up in a psychiatric ward. our legal panel weighs in. her parents are accused of medical abuse. and dietary supplements. are they doing more harm than good? and a cheerleading coach is accused of having sex with one

of her students. it is all happening right now. ♪ ♪ jon: do you have your obamacare? today is deadline day. new troubles are brewing. good morning to you. i am jon scott. jenna: and i am jenna lee. last day to sign up for coverage to start on january 1. new concerns of an expectation of 3 million enrollees. the number they may head is around 1 million. but what that looks like is so crucial to this entire bill. those that did si our older and more poor than the demographics of the white house wanted. so peter, is there the ability to sign up?

there's a lot of high-traffic, which means that right this minute there are fewer than 50 consumers trying to enroll. some democrats are wondering if enrollment will ever pick up. >> at the end of the day, it is so much more expensive than what we anticipated. and you have to have a part of this. >> they want to fix the problems. but the affordable care act is just not working. >> but i would say is that you need to change health care. but what they have done, you can't fix this mess. the insurance industry, regardless of what you think about the insurance companies.

reporter: 1 million people have signed up. the administration wants to enroll about 6 million more americans. up up up up up up. jenna: healthcare.gov is the main portal. so how are those states doing? >> halfway through, none of them are halfway to the march 31 target. rhode island, 22%, colorado, 10%, and all the other states running their own exchanges are even further and you know the old saying. and experts are predicting that this will be determined by lawmakers in the state houses.

>> a governor has a great deal of sway. it is quite likely that today people are starting fresh. >> many people are given until january 10 make their first payment. jon: our next guest says that so much confusion and backtracking since the rollout, the system may end up unraveling. also the cochair. if fox news contributor, we have deadlines today. how is this looking? if you take a worldview of obamacare. what you see? >> this is not where the white house thought they were going to be on december the 23rd.

and what happened is instead of the rollout of obamacare, you see a rollout of hardship and the cancellation of some 6 million policies. and this administration is possibly facing the prospect of more people will be uninsured in 2014 denon 2013. because we have these cancellations combined with a lag in the sign-up. so this is a real political headache for this administration going into the 2014 election. >> and the information from the state exchanges suggest that these people that are signing up our older and not as healthy as the white house. they were hoping for young and healthy people to pay for all these premiums.

>> those are the reports that we are hearing. it's not a surprise. and they were set up with the website and the technical problems and also whether your data is actually secure. there were stories about people's social security numbers and their personal information other personal information getting into the wrong hands of monsters away people, particularly the population that is younger and healthier. that keeps people's opinions down as premiums go up. >> 17% enrolled in plans and the other 83% went to medicaid and who is paying for that? >> absolutely. that is a less talked about

issue in august. people who can afford to buy their own insurance and get put on medicaid. an expansion of medicaid. jon: there'll be sticker shock for some people who are buying these private plans and who will be facing this on a state-by-state basis. >> yes, we have the potential of other things happening, which is employers deciding that they want to pay the penalty rather than pay for the cost of obamacare. this includes the gold standards and what companies are going to decide that they will throw these onto the exchanges and that is a possibility.

and there are another round of cancellations of policies that don't meet the obamacare criteria. so this will be hardship and we know that nervous democrats are running in the senate, they were the ones who particularly thought a delay in the individual mandate were those who suffer. jon: it doesn't look so good from here. thank you so much. jenna: new information on the nsa spying scandal. prime minister benjamin netanyahu. we have the latest on this.

reporter: both sides have engaged in this type of thing. but there is anger here in israel in this edwards noted in revelation, continuing to the u.s. and great britain that intercepted e-mails and benjamin netanyahu said today this includes answers and clarifications and benjamin netanyahu said that in the close ties and there are things that must not be done. but the dirty little secret here is part of that. i have a long history that it

shows that they have a long history of spying on each other. the former navy intelligence epistle and he is suspected of trying to pass this to other countries. and it's unlikely that this will be a part of this. this is an embarrassing moment for both sides. very little is likely to change. jenna: thank you very much. jon: a case that shocked a gym country and an entire community. a teacher accused of having sex with a student. and maria molina is here with

your holiday forecast. we will have that next

jon: new information on crime stories that we are watching. police launching an all-out manhunt for 34-year-old rocky douglas. he was a suspect in a series of carjackings, including one that led to a car crash killing an 11-year-old boy. and in pennsylvania, a gym teacher and cheerleader coach accused of having sex with one of her students. they had relations over a 14 month period. and a decades-old murder mystery. a homeless man was arrested after being linked with dna from chewing gum to a murder scene.

he has pleaded not guilty. jenna: a deadly snow and ice storm is being blamed for at least nine deaths. maria molina is live. >> it is just extremely ever you are. and the weather was extremely over the weekend. even tornadoes were reported in parts of the south. five different tornadoes and we do also have record high temperatures and these are records that were broken across parts of the mainland and northeast. still on the move right now, we do have areas of heavy rain and parts of georgia and florida.

we had flood advisories and temperatures are cold, we have the rain coming down and we have eyes is a concern. we could pick up a half an inch that could produce additional power outage. it's a huge concern, some temperatures will only be in the single digits. jenna: okay, we will continue to watch.

jon: legalizing same-sex marriage in utah. a federal judge wants him to put the ruling on hold. hundreds more expected at the courthouse today. alicia has more. >> there is a hearing under way and up until this past friday, utah state fair. and as you mentioned, gay couples rushed to get going. but they just reported that some are refusing to do same-sex marriages. now the judge wants to put a

hold on that. >> a statement was issued, saying that the federal district court ruling that same-sex marriage is a fundamental right has never been established in any previous case. the state is requesting an emergency, pending the filing of an appeal. and here is the individual summing up the position on the issue. >> marriage between a man and a woman is to provide the environment that is preferred, to be raised by their biological mother and father. >> they asked them and they think that they will win.

>> they know they are not going to win. reporter: the governor says he is fighting it, saying that i am very disappointed in the federal judge overriding the will of the people. and he is talking about the best course to defend traditional marriage within the borders of utah. and so we will keep you updated on this. jon: alicia acuna, thank you so much. jenna: former new england patriot aaron hernandez is undergoing more courtroom drama. we will catch you up on that. plus, a family battling for custody of their own daughter. our legal panel weighs in

controversial child abuse case coming up next.

jon: we are awaiting new court action in the murder case against former new england patriot aaron hernandez. a hearing is set to focus on claims by the defense that the prosecutor's office violated a gag order and is in the process jeopardizing the right to a fair trial. prosecutors deny the allegations. we have actually merchant, and we are going to talk about this now with our two guests. when the miami dolphins came to play the new england patriots at the foxboro stadium, there were

sheriffs officers there to serve a subpoena and somehow espn found out about it outside the locker room and the defense says that's a terrible thing and part of prosecutorial misconduct. >> it's much ado about nothing. because even if that did violate a gag order, serving with the grand jury is an evidentiary, it's procedural. there is so much circumstantial evidence. we have practically everything but shooting the victim in the head. it was served in a dramatic fashion. >> yes, i can't think of too many other murder cases in which the suspect is an nfl starter that has been playing in front

of millions every weekend of the football season. is the defense grasping at straws here? violation of the gag order? >> they are trying to keep this on the ground level. and they know that they are part of this case and can speculate about it. so just keep this playing field level, there's a set of rules that were given by the judge on monday to play by those rules. and that's how we have a fair trial in this case. jon: but what is the big deal? you serve a subpoena who is another pro football player. what is the big deal? >> well, is that they are not following the judge's rules and they had issued a gag order. and if the state is going behind

the courts back, what else might they do? well, i think that offends said that we want to make sure that everyone plays by the rules. and i agree that there may not be a great amount of prejudice here. but the fact of the matter is that they were not playing by the rules that were set by the court, the defense is essentially checking in on that and say we are watching you and you need to play by these rules. jon: the subpoena that was issued was related, or appears to be related to the interstate trafficking of firearms. the murder with which aaron hernandez was charged. does that make a difference? >> yes, there are gun charges against him and i agree. you have to throw everything

against us and that is why they are filing these motions. they're going to ask if they can be fair and impartial. and some of them think, say, who cares, i think it will be fine. jon: weighing in on another important than the usual case. >> dashing hopes of a final decision on friday. joseph johnson will remain in massachusetts state custody through the holidays. >> you can tell by looking at me. they know. reporter: not included because the judge will not decide on custody until next year at the earliest.

>> unfortunate what is happening with her and her family. including the broader community. reporter: justina was previously diagnosed with mitochondrial disease, causing muscle weakness. but then doctor said she had somatoform disorder. her parents disagreed and they were accused of medical child abuse. jon: let's get back to that issue. it's a strange case. they took their daughter to the hospital 10 months ago because she had the flu and they thought that this mitochondrial disease was a rare disorder. and a couple of doctor said oh, no, she has a mental problem and we are keeping her here in the hospital. they have kept her essentially a way from her parents for the last 10 months.

>> the state is going to shoot first and ask questions later. the standard is going to be what is in the best interest of the child. doctors are mandatory reporters. they have a child who is basically not eating and that was the big issue for the state. and so they took custody of this little girl. but we don't know how this case will be resolved. >> it is in the case in which they were refusing all medical care. they took her to the hospital. but just apparently they thought that she was suffering from something else and now the state division of child services has said that you are wrong, therefore we will keep your child. and i just don't get it. >> i don't either. i feel horrible for the parents in this situation because they are following the doctor's advice. like most americans do and most

parents do, they were following the course of treatment. and it seems unfair that the state has taken her away while she's actually still a part of this. jon: she is locked in a psych ward, has been for the last 10 months and one of the parent supposed to do? are they supposed to argue that they were trying to do the right thing for their daughter? >> january 10, the parents will get another bite of the apple to determine whether they can lawfully care for in this whole issue is emerging. it's very new. and some are refusing is due to

religious reasons -- this is different. is it a mental issue or a physical issue? jon: it sounds a little bit like doctors playing god and judge. and we are going to keep an eye on this case. it's a very strange one. thank you both for being here. it is late in the year. jenna: coming up we actually have another family for the live of their 13-year-old little girl. a judge is getting involved and we have the latest on this story coming up. and vitamins in the weight loss pill. coming up, we will show you some

of the supplements [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is!

jenna: right now a quick look what's still ko to mean this hour. growing concerns over dietary supplements. next hear why some doctors say they may be doing more harm than good. also the dow starting the week on another high so would it be fair to say our economy has officially recovered or is it still too early for that? we'll tell you what to expect in 2014. plus we'll tell you why astronaut as board the

international space station reports to cut short a critical repair mission over the weekend and what it means for the crew all coming up. jon: a legal fight is underway right now in california after a 13-year-old girl is declared brain dead due to complications following a routine tons i will -- tonsilectomy. >> and this is just an agonizing time for the family of the 13-year-old. they've been fighting the diagnosis of doctors in oakland more than a week. now both side are hiring lawyers and issuing statements after the little girl suffered tragic complications following, as you said, a routine procedure. she's been on a ventilator since september 12. she suffered a heart attack and was declared brain dead after having her tonsils out. last friday they got a judge to issue a temporary restraining

order that would keep the girl on life support through the weekend. a lawyer for the family also asking the district attorney's office to have a grand jury investigate the hospital. no word whether that will happen. meantime, as several dozen faith leaders gathered at the hospital this weekend to pray for a miracle, her mother saying doctors don't get to decide whether her daughter lives or dies. >> the doctors think they know everything but if they knew everything, then my daughter wouldn't be brain dead right now. that's why i just leave on god and say, whatever you want to do with her, i'll let due it. but i won't let children's hospital do it. >> the chief of pediatrics says it is the hospital's responsibility that doctors do not create hope where there is none. when one's brain ceases to function, it never restarts. both decided to let an independent examiner look at her. supporters are holding another

march this morning asking everyone who comes to wear purple, her favorite color. back to you. jon: you can imagine how heart broken that family is and mystified, too. >> indeed. jon: thank you. jenna: turning now to growing concerns over the dang dietary supplements. $32 billion a year industry and it's largely unregular lated turning out everything from special vitamins to extracts that claim to help us with a variety of problems but the supplements may be doing more harm than good and in some cases the damage can be fatal. in fact, new data shows that dietary supplements account for roughly 20% of all drug related liver injuries that turn up in hospitals. you damage the liver and you know you're in problem. nina is a doctor and she's joining us and a nutritionist joined us as well. dr. radcliffe, we sometimes talk about the stories, throw out statistics but we don't have a personal connection. you doment you've seen this happen in the practice.

tell us about that. >> there's countless tales we're not hearing about. i had a patient who is 27 years old. she had a baby three months ago and she wanted to lose that weight. she took a dietary supplement and she ended up in the hospital needing a new liver. not only one liver. it failed. she got a second liver. she was in the hospital three months. this is real. it's something that could stop you dead in your tracks. jenna: how could something so dangerous be out on the market, brian? >> quite simply, supplements are a wide raert of different elements. there are good ones and bad ones. and obviously, what's on the fringe is what the problem is. and they are filled with different unregulated forms of meds and come from other countries, quite often. i'm not much more regulation but the fact of the matter is, you've got to understand you can't throw the baby out with the bath water on this one. we've got to protect our rights as americans and keep the supplements intact that are food based. jenna: let's talk about how to do that.

dr. radcliffe, the example that was given in the "new york times" over the weekend was similar to the one you gave. it was a 17-year-old boy, an athlete. he was taking green tea extract. the idea was to lose weight. it's healthy to drink. why couldn't i take a pill with green tea? how do we know what is something we should steer clear of and what maybe we should consider taking for our health or for our diet? >> that's the problem. we need to have more regulation. regulation is usually a four letter word but in this case, it's regard to patient's health and their lives. we need to hold the herbal supplements the siem high standards. they do have an effect on our body. they should not be held to different standards. jenna: f.d.a. estimates that 70% of dietary supplement companies are not following basic quality control standards that would help prevent alteration of their products. you say plant base san diego what you would be advocating

for. >> no question. jenna: how do we know as consumers? if it says plant based, can we trust it? >> at this point the answer is definitively yes. if it says on the bottle was derived from food or plant based, it is. as i speak in my book, supplements exposed are chemicals and high standards that the f.d.a. hold for pharmaceutical drugs, most have major side effects so i'm not sure about those standards. jenna: do you have the same degree of confidence in the plant based? >> no. jenna: you do not. >> no. just because it's natural doesn't mean it's good for you. arsenic is natural. but we don't take that. in fact, the very powerful drug that works on your heart comes from a plant. we cannot let it run amok like this. jenna: news you can use, i know i have a medicine cabinet full of different vitamins and just recently there's been a lot of news about you should take them,

you shouldn't take them. they could be dangerous or they can be great for your health. if we're looking to start the new year in the right direction, brian, first you and then dr. radcliffe, what do you suggest to folks that want to optimize their health? >> number one, change your diet to a healthy organic plant based diet. exercise and keep a good attitude. the doctor i will challenge, even pharmaceutical drugs come from plants. they've just been manipulated into a pharmaceutical state. everything either comes from a plant or a rock. so we've got to be very safe but let's not go completely bananas and let's make sure the bad ones are taken off the market. jenna: dr. radcliffe? >> i agree. try to get all your vitamins and nutrients from natural foods. pregnant women, for example, they should take follow i can acid because there might be a deficiency. jenna: good advice and another debate about regulation in the year to come. it's getting more attention to we'll see if it comes to a head with the f.d.a.

great fov you both today. merry christmas to you. >> thank you. you, too. jon: have you watched the dow? wall street has been surging. is it a sign this economy has finally turned the corner? we'll break down some numbers and what they all mean up next.

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>> major surge on wall street. we had stock up on friday ramping up their best week in three months. on the heels of some good economic news. so is this a sign the economy is finally getting out of the dolled -- doldrums? >> i think we're out of the doldrums earlier this year but now it's starting to pick up the pace a little bit and we're getting evidence of that. markets have assumed we were on the mend but you see the job growth really clocking in around 200,000 a month and third quarter economic growth revived higher. all these things are moving in

the direction of saying, guess what? the government wasn't able to snap out of the recovery. jenna: a lot of data is pointing at the strength of the american consumer. >> yes. jenna: how so? >> this is what's going on the past few years. debt burden of consumers has gone down dramatically but that process has worked through and now all of a sudden, any wage gains are spending power. the housing recovery obviously not gang busters but way off the lows. housing values going up, people are wealthier or at least they feel such and out from under a lot of the debt troubles they had before. auto sector strong. jenna: some economists were looking at personal income growth, more money for folks to spend as a sign of whether or not this was real or not and we got the numbers today examine they were up. >> we did get them today. interestingly. november personal income was up.

spending up even more so it shows you there was some confidence to spend, savings rate went down a little bit which was taken as good news by the markets. you can't do that forever but for now it seems okay. jenna: so where is the growth in the economy? where are the jobs? >> private sector has been creating jobs for awhile now. the housing and auto sectors have been good underpinnings. that stuff is good tailwind but really it's the broader service sector. basically private companies getting become to business and governments no longer laying people off and spending. jenna: what are you hearing are some concerns that are still on the horizon for the economy? >> major concerns. we don't know how this economy is going to absorb potentially higher interest rates. federal reserve is backing away from the stimulus. we may he'sly have a hiccup next year. the past three winters we had some strong numbers. we don't know if we're out of the pattern yet. everybody thinks europe and the

rest of the world is going to grow nicely. maybe not. jenna: and we had foreign policy stories circulating. you started this conversation saying in spite of washington, d.c., we've seen the marks hold firm and it looks like the economy is doing okay. do you anticipate that in the new year or does it seem that washington could in some cases have the adverse effect? >> it looks like the latest budget deal at least gets congress out of the way when it comes to fiscal stuff for awhile now. that might not in itself be something to worry about but we didn't take care of lifting the debt ceiling. you already are seeing some early jockeying. i believe the quote from the republican side of things was look. we're not just going to do this and not get anything in return. maybe that foreshadows another fight but i think we're numb to it now. jenna: i'm anticipating how exciting that will be to cover in the new year. do you have your christmas shopping? >> plenty of time left.

jenna: that's it, mike. we'll let you know at this point, nearly noon on december 23. thanks a lot. jon: you can still get rush delivery. i know. jenna: really, jon? jon: yeah. the latest on the massive security breach that hit target. as we learn that credit and debit card details stolen from millions of customers are flooding the black market all right. and trouble aboard the international space station. why astronauts were forced to cut short a critical repair mission over the weekend plus what happened now? ♪ [ male announcer ] wt kind of energy is so abundant, it can help provide the power for all th natural gas. ♪ more than ever before, america's electricity is generated by it. exnmobil uses advanced visualization and drilling technologies to produce natural gas... powering our lives... while reducing emissions by up to 60%.

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jenna: jets jammed with passengers. we're going to tell you what airlines have up their sleeves

now. also some new fallout from the data breach for target customers. where their credit cards are ending up and what banks are doing to help at this point. susan rice is weighing in on the n.s.a. scandal saying the agency never lied about the gathering of information for millions of information. why the news magazine and now under fire for this story. our media panel weighs in. jon: another setback for astronauts aboard the international space station. this weekend they venture outside in a death defying space walk to try to fix the broken cooling valve. but they had to suddenly cut the mission short after one astronaut reported a problem with his space suit. phil is live in miami with more. was this the same space suit that had the water in the helmet scare this past july? >> different space suit, different problem but equally concerning for nasa. for the astronauts, the space suits are life protectors when they're out on a space walk.

saturday's first of the scheduled cooling system repair job space walks went so well overall that they actually may be able to prevent christmas day's planned space walk. the astronauts were able to do more than planned on saturday. they spent 5 1/2 hours remaining that faulty ammonia pump that weighs about 800 pounds on earth but light as a feather in space. they spent 5 1/2 hours doing that. neither experienced any water in their helmets any time around so the emergency snorkels they had sewed in their suits were not needed. after the space walk, water may have been developing in the back side of his space suit that was noticed and happening during the repressurizing of the air locks. just to be safe, nasa will have him wear a backup space suit so they're taking an extra day to prepare for that. today's space walk will now be happening tomorrow. jon: and now it's looking like

that christmas day space walk, they don't have to do it at all? >> it's looking that way. they have to cut two hours of the space walk on saturday so it's looking like this second of all time christmas eve space walks may be able to solve the whole cooling system problems. animators created this preview of space walk number two showing how to grab the spare module, bad one and slide it in. >> the other vulnerability is that while you've got one loop down, one cooling system down, if something happens to the other one, then you get into a critical situation where you have to really shut down most of the space station. >> tomorrow's space walk begins at 7:10 a.m. eastern time and it should last six hours. wakeup call for the astronauts, 1:00 a.m., jon. jon: phil, thank you. jenna: months of confusion and delays and problems have come down to this.

a major deadline for millions of americans to enroll for health care coverage. now only hours away. more what's next for obamacare and the impact on all of us.

jon: new developments in the top stories and breaking news this hour. obamacare reaches a critical deadline but after months of glitches plaguing health care.gov, enrollment is still way below expectings. we'll have a live report what the white house is doing to get the numbers up before the plans kick in. plus cramped quarters this holiday season as travellers pack airplanes. or maybe airlines pack airplanes. we'll tell you why coach could get even worse. from the sidelines to the front lines, an nfl cheerleader drops her pom poms to sign up for two tours of duty in the u.s. army. her story and more and it's all happening now.

let's check your watches. obamacare deadline is today leaving you with only a few hours to sign up for health care if you want it january 1. or face a hefty fine. welcome to a brand new hour of happening now. i'm jon scott. jenna: with the president making his final plea last night in a letter to potential enrollees, it seems that the numbers the government is hoping for are not there today. only one million signed up. white house expected about three million. those who did enroll so far are not the democratic that the obama administration had been targeting. chief white house correspondent is live in washington. ed, the president is up against a new deadline. we're used to deadlines. the president is up against his own. what's next? >> he's going to be under great pressure if they can't get this fixed in time for people to have their insurance starting on january 1. to do something dramatic to actually fix the law, there have

been a lot of democrats specifically up for re-election in 2014, talking about extending the enrollment period, some dramatic changes that the white house has pushed back so far saying this is a website problem. if they can't get it right in the next week, there's more pressure on the president. look at the news polling about the president's approval, disapproval and handling health care. 37% approve. 59% disapprove. this is supposed to be his strength. this is supposed to be his significant toor issue. for him to be upside down like that suggests he's very much on defense and that's why republicans see a rule neshlt. >> obamacare right now causes people to spend more money, have less choice, have a higher deductible and have less freedom. the rollout and the ideas behind the fact that the federal government could manage appropriately 1/6 of the economy

is proving its erroneous. what i would say is we need to change health care but what they've done, you can't fix this mess. >> you can see there's still some republicans pushing to repeal the entire law. when i talk to people, they say, look. if republicans are going to put everything on the next deadline for the beginning of the year, what if it works? people have insurance, they believe inside the white house that will give them momentum to suggest that this law is starting to turn around and push back on republican efforts to repeal it. melissa: jenna: and 2014, an election year as well. the white house has hinted the president will sign up for obamacare. is he going to? >> wire expecting he'll do it today. it hasn't happened yet but as you say, two more shopping days until christmas. one more shopping day for the affordable care act, i suppose. so the president, if he is going to follow through on the promise, will get that done today. you heard him on friday. very much on defense on a range of issues as he ends the year. it's been a bruising year for

him but specifically health care, he said there's been last minute tweaks but he believes the core law is strong and there are now some top democrats like schumer suggesting they may have to tweak it a lot more than just the tiny little things around the margins. there might need to be a big fix. take a listen. >> i think what most americans want us to do is not repeal obamacare but fix it. the president is working to fix it. we are working in the senate to fix t. we urge our republican colleagues to join us in fixing it. >> as soon as senators heard those words, they said, wait a second. when have they fixed the law? they pushed back most attempts to do that. this suggests that chuck schumer and the democrats are feeling heat and realize if there are more stumbles that they might have to do something more dramatic when they come to work in the new year. jenna: it's just after noon here on the east coast. 7:00 a.m. in hawaii where the

president is. he does have time. >> we assumed he would sign up for the d.c. exchange. not the hawaii exchange. those are details we'll bring in as soon as we get them. jon: now a new problem looming as americans do last minute health care shopping today. many enrollees are making a huge mistake by making what they see is the local choice, picking the plan that's cheapest and has the most affordable up front costs. you could be in for serious sticker shock when the bill finally comes and you find out what the insurance company actually agreed to pay thanks to your deductibles which would be sky high. let's talk about it with the chief congressional correspondent for the washington examiner. susan, it is called the affordable care act. is that a contradiction in terms? >> it could be because the people who are signing up for it now are looking for affordable premiums so they're going for the bronze plan.

many of them. and the bronze plan had some problems. deductibles can be huge. a family can take $1270 which is the maximum out of pocket. for an idea, it can be $5,000. you're going to pay that much in your health care costs until the insurance starts kicking in. when it does kick in, it will kick in at a rate of 60%. you're really not getting a lot of coverage and that can put a lot of people out in some real financial hardships so that's going to be in january and on a big surprise for a lot of consumers. part of the reason they picked the bronze plan is that the silver platinum plans, the premium premiums, the plans get really, really steep. you're looking at a bronze plan of $240 a month. for a family, it's nearly $12,000. if you want to lower your deductible, you're going to have to pay $500 or more a month for your premium and a lot of people can't afford that. in some ways they're picking a lower plan because that's what

they can afford. going forward it doesn't cover very much. jon: the president is even out there telling young people, you can have the health care for less than the cost of your cell phone bill. what happened to that? >> i think what they're getting at is that if you need something in terms of catastrophic coverage, this will help you. in other words, you won't have to declare bankruptcy or sell your house or whatever if you end up getting into a bad medical situation. in terms of standard care, like if you have to run to the emergency room, not for something catastrophic, you need stitches or whatever, you'll foot the bill for that. what you will get is a wellness exam and some other coverage but that would be a whole lot cheaper to pay out of pocket than the premiums you would have to pay just to get that with a heidi deductible so if you're a young person looking at the cost benefit, this may not be very appealing and i think that's part of the problem the health care law is having right now. young people are looking at this saying, wait a second.

i'm not getting much with my money. if they don't sign up, the law will go into the death spiral. we're getting people in high risk and more expensive and that's not sustainable for the law. jon: and the occasions are that that's only happening, that the older and sicker americans are signing up. what about, you know, the scope of the choices here? i mean, that's all being narrowed, right? prices are going up but the choices that you have in terms of who your doctor is, which hospitals you can go to, those are all getting squeezed. >> there's a reason to that, because the premise of the will you is to bring in millions more who have never had coverage and to expand the kind of benefits that all people get. that's really expensive and the only way to pay for that is two ways. to bring young folks in who are healthy and don't cost the insurance companies a lot of money but the second and more important way is to control costs and to do that, look the way the h.m.o.'s control cost.

they narrow the networks to get to more affordable doctors. care may not be more comprehensive or as desirable so they narrow the networks. that's why we're seeing a lot of good hospitals and academic costs shut out of the health care law, because they tend to be more expensive. so fewer choices is part of what makes the plans what they consider affordable. if they were to expand that, the premiums that some people think are high now would be even higher and the deductibles go as higher as well. it's difficult tore the administration to get a plan for a reasonable price. jon: the president has been bragging about the program for years but now, the devil is in the details and now that all of these chickens are coming home to roost, if i can mix metaphors here, it's not proving to be very popular. susan from the washington examiner, thank you.

>> thank you. jenna: breaking out of the growing race to limit the impact of the massive data breach that's put tens of millions of target shoppers at risk. many stolen cards are showing up for sale on the black market and some banks are trying to limit what is spent on the cards. mike, where does this case stand now? >> well, the secret service confirmed this morning that agents are investigating but we're l only say this is an ongoing case. as far as target goes, sales are off and the most important retail weekend of the year, right before christmas. sales are off 3% to 4% from this time last year and that's dispute them offering a 10% discount and free credit screenings when accurate. reports have said the data is being sold on the black market. because of it, two million people were informed their debit

card activity will be limited to $100 withdrawals and $300 purchases. chase bank kept the retail outlets, some 1700 open even on sunday to replace debit cards on the spot if the debit cards were compromised. jenna: mike, when do the lawsuits start? >> the lawsuits started just about as quickly as the information went public. we know of three class-action lawsuits forming up right now. two out of california. one of them out of oregon. the language in all of these lawsuits seems to be pretty similar. they allege that target failed to implement and maintain reasonable security procedures and they all seemed to be worded in such a way to allow the law firms to pile on as many clients as possible. however, our chief legal analyst says the court system ultimately will only allow one lawsuit, one chief counsel. jenna: and hopefully in the meantime, folks don't feel too much pain from all of this.

thank you. jon: some unfinished business for the man who saved the three women from that house of horrors. what is next for the cleveland hero? also some retailers are using high tech tools to boost their bottom lines. a look at new customer tracking techniques and what you're getting in return. [ male announcer ] this is george. the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

jon: some stores are going high tech to give shoppers more what they want this holiday season but you might not like the sound of it. they're using heat sensing dw s devices to track your movements in the store in hopes of boosting their bottom line. adam is in our west coast news room and has more on this. how does it work? >> yeah, jon. there's a couple of ways of doing it. we focus on the company doing it

where you would download an app for your phone so you know they're tracking you year around because you're using the store app. it's based in boston. there are other companies out there doing heat sensing and other tracking that maybe you don't know about when you go in the store but in the case of swirl, you download the app, go in the store so you know they're tracking you. let's go around and say you're looking at sweaters. it will maybe send you a discount if you're at that counter at that time to your phone because it knows where you are and the idea is simple. it's all meant to increase the bottom line. >> it is a new world and consumers are smart in terms of how they use their smart phones. we know that close to 70% of them take out the phone to try to research what product they should buy, what to do. in a lot of ways we make it easy for retailers to give the consumers exactly what they're looking for. >> after looking at that interview, i looked at my phone and most people can agree, think about how many times when you went chris making shopping this year you looked at your phone

and compared prices or you have the scanner where you can scan the item and see what other places are offering it. this is a companion. they're getting the shoppers involved and there are companies out there that don't necessarily let the shoppers know they're doing that. jon: so has this kind of technique been successful? >> you know, it's hard to determine. right now shoppers seem to be happy with it but of course, shopper we see saw that said they were happy with it was because they got a discount. people that have a phone know they can get extra discounts. that's a positive thing. keep this in mind. still 90% of all purchases this holiday season are going to be made in an old fashioned store but people are using technology along with the old fashioned shopping experience and a store you've seen around the country, they've expanded this or plan to expand it throughout all their stores around the country. >> having the opportunity to

make an instant notification to a consumer based -- and it needs to be, you know, either in that moment, that hour, that day, that kind of flexibility and speed is paramount to our success. >> kenneth cole, timberland using the swirl. there's a number of companies doing it. everything from getting the shopper involved, letting you know you can put an app on your phone or other companies doing it where you have the heat sensing. you may have seen reports on that. you go to the store and it senses where you are. some stores can move their displays to places where the customers are gathering. for most people like me who is done with their christmas shopping, i'm going to gloat here for a second, i want to be involved but know that i'm involved. jon: and a little bit too much information there in some respects. thanks. >> absolutely. jenna: he did look happy, didn't he? proud that his christmas shopping is done.

can you say the same? are you done? jon: no. but that's okay. jenna: we'll leave it there. we'll turn now to one of the big stories over the weekend. u.s. troops shot as americans evacuate. african nation on high alert. the latest on the escalating violence in south sudan and wheat at stake there. where there's fear of deadly christmas day attacks like this one on christians two years ago. a new chapter in the saga surrounding the cleveland house of horrors. what is next for the man who helped save through women held captive for a decade.

jenna: right now four u.s. troops injured over the weekend recovering. they were injured in a mission to evacuate americans in south sudan. all are stable after the helicopter came under fire.

this after america provided $300 million a year for aid to really help ignite development in the world's youngest nation. you're seeing some images on your screen of some folks fleeing now because of the violence inside the country. the president now says the u.s. could get even more involved and experts warn south sudan could plunge into a conflict that lasts for decades. it teeters on the edge of an a business. director of the africa center ip jos us with more. peter, ufr been on the ground there. you know the key players. what is at stake here? >> well, there are two things at stake. more immediately there's at stake certainly the lives of civilians, non combat antantant -- combatants who are caught up in violence. some 62,000 people have sought shelter with the u.n. already and there are numerous aid workers that the u.s. and other countries are trying to get out of there.

so that's the immediate danger. but beyond that there's the danger that the world's youngest state is imploding upon itself and that will drag into a conflict an entire region. the last time there was serious fighting in south sudan, it lasted a quarter century. over two million people lost their lives and neighboring countries were sucked in. there's a very real danger that things are heading to utter chaos. jenna: what does that mean for us, those invested in the success of the country want only with military aid but also personnel who now, as we've seen over the weekend, have been fired upon by some of the folks that are stirring the violence? >> there are two things at stake for the u.s., maybe three. first is our diplomatic prestige. we've invested a great deal. there wouldn't be an independent south sudan today without the united states so we help bring the country into being and we certainly don't want to see it

fail on our watch. secondly, there's american interests in the hundreds of millions of dollars in aid. you saw the figure. $300 million a year we poured into it. our allies supported other millions. there's money we've invested and the strategic resources in the area. this is an area rich not only with oil but mineral well that could be used to benefit the development of the people there or could be -- fall into the hands of governments or regimes less friendly to us. jenna: the president issued a statement to congress based on some moves he made. he said he spent an additional 46 military personnel to sudan and he said i may take further action to support the security of u.s. citizens, personnel and property, including our embassy in south sudan. what do we do in the immediate, peter? what's the priority? >> i think the priority is to get americans, non essential

personnel who have already been asked to leave out of harm's way. that's the first thing. the second thing is we need to figure out what is really going on there. that's why the special envoy for sudan, south sudan, ambassador don booth arrives there today and will be -- he needs to look at what's going on. we need to account for the ministers. what the government has done since this alleged coup a week ago has been to arrest a number of leading politicians. some of them merely political opponents of the regime. we ascertain their safety f. something happens to them, that will further sew seeds for more violence and more chaos. jenna: and you mentioned a lot of conflict is ethnically driven but one of the reasons why we're looking at south sudan and our investment is our ability to create a state to fend off some militant islam movements that have grown in different areas in africa, peter. and one of them we're looking at as well today is nigeria.

there's a threat we understand from one of the militant terrorist groups to attack more christians and christian churches on christmas day. can you walk us through that briefly? one of the our big stories has been militant islam and the growth in africa. how is some of this connected and how is it not? when we look at nigeria, what do you make of what's happening there? >> well, two years ago as you mentioned, jenna, in the leadup, the militant islamic group, treemist group with links to al qaeda in africa launched a series of deadly attacks on christmas itself on christmas eve. last year it was quiet because they were training in bases in mali and other places and ironically this year, because of the relative success of the french led military intervention that recovered control of northern mali from islamist

extremists and al qaeda affiliates, a lot of fighters in training camps have returned to northern nie gear a -- nigeria and they've attacked wedding ceremonies and other parties. so wul a of these militant assembled there because they were pushed out of somewhere else, i think there's a real possible danger this christmas that nigerian authorities will need to be vigilant about. jenna: a lot of different stories, separate stories but we want to make sure we remember what's going on there. peter, great to see you. thank you very much. >> thank you, jenna. jon: back in this country, wall street is on a tear. what's driving the surge in stocks? how long is this rally really going to last? plus airlines adding more seats to planes. but is what you gain an easier

booking worth what you lose in leg room? we'll tell you just how uncomfortable your next flight could get. [ sniffles, coughs ] shhhh! i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is!

jon: markets are on the move at the end of the year closing in. the dow up about 93 points now. this after a huge week last week. the markets have been on a tear now for months and america's

gross domestic product, a measure of the size of our economy has grown at the fastest pace in two years. this despite the fed beginning to turn off the flow of the easy money spigot so have we finally turned a corner here? fox business is here to bring it all down for us. >> i hope so. it looks like it. what you're seeing now is a little bit behalf we call a santa claus rally. the markets go up in the final days of the year, you can see up more than 90 points but they're also in response to more and more signs of improvement in the overall u.s. economy and in particular, job market. so the dough is up again today after gaining 3% last week and if you're keeping track, closing friday at the 47th record high this year. now, you've got to remember lots of traders are not at their desks this week but home for the holidays. stock market closes at 1:00 p.m. eastern tomorrow for christmas eve, closed for christmas wednesday. expect volume to be on the light side and make things better or

worse than they really are. apple shares are getting a nice pop on a deal years in the making with the biggest wireless network, china mobile, to start selling the iphone 5 s and 5 c in china just in time for the chinese lunar new year when lots of people exchange gifts. now, the deal can boost apple's annual revenue by billions of dollars. and a country where apple is only the fifth biggest smart phone player with so much room to grow. china mobile has more than 760 million subscribers. they may be enticed to go out and buy new iphones. that's great for apple shareholders which we all are or most of us are through funds we own, that own apple. in the wake of the massive credit card breach in target, some customers are steering clear and doing their shopping elsewhere. retail consultancy, says the final weekend before christmas

was down 3% and 4% over last year. on wall street today, teaing target shares are getting discounted. that was an ugly story. jon: it doesn't take much of a percentage cut in sales to really make a huge difference from the bottom line. >> absolutely. 40% of business is done in november and december usually for many retailers. jon: that's because she's out shopping. jenna: blame me for the stimulus. jon: thanks. jenna: if you're not a fan of tight spaces, flying isn't much fun these days. airlines are cramming in as many seats into planes as possible. if it seems like every time you get on a plane and find a seat, it feels like it's getting smaller. that's because it likely is. "new york times" reports seats are 10% smaller than they were 20 years ago and airlines are turning to new ways to make them even smaller. how can they do that? joining me now is travel expert.

that's the question. we already see -- if you've been on a plane recently, you do feel squeezed into your seat. how are they going to add any more seats? >> hi, jenna. airlines have become so crafty with now trying to squeeze more seats into the planes. the actual size of the seat itself hasn't changed much but it's the space between seats that are seeing the decline. we've gone from 20 years ago having about 34 inches between the seats and that's now been decreased to about 28 inches. so as you are trying to get on the seat and feel like everyone is sitting on top of each other, it's because we almost are. jenna: certainly feels like that. "new york times" said this. as the cabins grow more crowded, airlines say they are thinking only of their customers trying to keep costs down. is this really the only option

to keep costs down is making flying more uncomfortable? >> i think the reality is that at this point, if the airlines and most industries, revenue is very important and so when you can make the space between the seats smaller, southwest recently just found a way to cram in six additional seats and then they could sell the seats and they have a surplus of revenue because of that crafty maneuver. i think that the reality, too, with the market is that as consumers, we're looking for competitive ticket prices and the airline industry, they say that's what we need to keep the ticket prices competitive. jenna: the airline industry has never found that successful form lachlt different airlines have done it. spirit airlines is putting in seats that recline to a certain level so you're not going to be

able to recline it further and they say they save money on maintenance and they say it's more comfortable for their customers. but what point do you think we all reach where it's just so painful to fly that this actually has a negative effect on customers and they don't want to get on a plane because it's just not fun? >> i think it gets to the point where the more information you have, the better decisions you can make. so there's some really amazing answers, one that is launched called seat guru. plug in the flight number, the date, all that information and it determines which seats -- what your seat will look like. so my philosophy is when you get to the airport and you're an informed consumer, then you can make a decision and say, do you think it's worth spending the extra money for an extra seat that has additional space? jet blue has their even more space seats. all of the major airlines now have seats that you can pay for

additional space. i'm not quite sure how we're going to take a stance against that. that's just the way the industry seems to be moving and regretfully, the seats are not getting any larger. jenna: we're also getting bigger, by the way. the "new york times" pointed that out, that people are growing. there's a solution. we could all just have our own private jet and that would be nice. then we can figure it out. >> we're going to go on vacation. i can see that. me and you. it will be lovely. jenna: count me in. that's one we can strive for. in the meantime, we'll be an educated consumer and know a little more about what we're buying. >> seat guru is the way to go. happy holidays. jon: i hate the games the airlines play with all this stuff. it was a scene of horror and a virtual prison hidden in plain sight. now the man who helped rescue those three cleveland women held behind closed doors for years.

he's got a book deal. "60 minutes" under fire again over the coverage of the scandal and the national security adviser, susan rice. ick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare.

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the second, only a little. but the third was... just right! bear: hi! yeah, we love visitors. that's why we moved to a secluded house in the middle of the wilderness. just the right coverage at just the right price. coverage checker from progressive. jon: just into the news room, a delta plane apparently has slipped off of a taxiway. this taking place at the detroit

airport. you can see the thing banked at a bit of a curious angle there. how it happened, we're not exactly sure. maybe the pilots got a little bit disoriented as they were taxiing. apparently they were taking off, getting ready to take off and head for atlanta. not going to get there in this plane, at least not in the next few hours. we'll keep an eye on it. no reports of any injuries, we should say. jenna: he's a hero and a tale of complete horror. a cleveland native ramsey who famously put aside his big mac to rescue three women held captive for years. he signed a book deal to tell his story. last month ramsey heard screaming coming from a neighboring home. when he ran over, he helped one woman escape and call 911. the three women had been kidnapped and held in the house. one of the biggest stories of the year. their captor, ariel castro, was arrest examined later committed suicide in jail. ramsey's book, "the hero in

this" is due to be published next year. jon: one of television's most watched programs continues to come under fire. this just a month after critics condemned logan's report on the benghazi attack as flat out wrong. now "60 minutes" is taking heat over so-called soft reporting and questions to the man in charge as well as those to national security adviser susan rice. she said the agency never lied about the gathering of information from millions of americans. if only, quote -- it only, quote, inadvertently made false interpretations. joining us is a contributing editor and writer for the american conservative magazine and alan colmes, the host of the alan colmes show. both are fox news contributors. jim, you know, it's always been the "60 minutes" was an icon of

journalism. for several weeks running they're taking heat even from some liberal commentators. what's going on? >> they get more heat from conservative commentators after last night. susan rice defending james clapper saying that hillary clinton, she was exhausted and you couldn't have done the sunday shows the week after benghazi and so it might have been some inadvertent falsehoods but that was it. obviously the white house cooperated close well "60 minutes" on the last two episodes, the one about the n.s.a. and the one last night with national security adviser rice. i think the white house is probably feeling well right now. jon: inard vently made false accusations. is that the way you see it? >> no. you combine that with james clapper saying he gave the least untruthful answer and you've got george orwell's 1984. that's really what it sounds

like. i know there's an attempt on the part of conservatives to find some kind of scandal somewhere but cbs has been shamed after putting on this guy jamd dillon davie, using a false name and not checking with the f.b.i. to find out a different story and now on the n.s.a., they're looking to do the government's work for them by not putting on a point of view a he is positived to that. so i'm very surprised. in terms of the n.s.a. story, i'm not sure it's conservatives being upset now. i think any of us who would like civil liberties and are civil libertarians would want to know about what the government is doing in terms of spying on us. jon: susan rice sort of became the public face of the benghazi scandal when she went on tv and said that it was just all based on this video which we now know not to be the case. on the other hand, in the interview last night, she talked about the fact there had been no successful terror attacks on the united states since 9/11. if that's the case, what was the boston marathon bombing?

>> good point. or the underwear bomber which only failed because the guy couldn't pug the plug on his own underwear properly. i think what happened was "60 minutes" did a bad job on the benghazi story, they were wrong in some of the particulars but not about the overall controversy so for two sundays in a row, they tried to make it up by running puppy articles first on the n.s.a. and then the one last night where susan rice gets to put her lean out there without much of a challenge. >> it wasn't because they offended the obama administration by benghazi. they used a report by a phony name and never checked it out. they kept the blame going that was blatantly untrue. it was a tragedy, not a scandal. cbs didn't do a good job on that and the nsa similarly are using the double speak or the orwell speak that i final troubling. jon: talk about a mean going that is blatantly untrue. what about the blaming of the benghazi disturbance on this

internet video? >> that is such a minor issue. the president for two days' successful two september 11 last year used the word terror, used the word terrorism. said it was an act of terror. conservatives tried to use this to unseat obama, get romney elected. it didn't work. conservatives are still going about a non issue. it was a tragedy, it was horrible. republicans didn't want to fund security for embassies overseas. and that is why there was a problem. it wasn't because it was some scandal that the right would love to attach to the obama administration. jon: i suspect you see it differently. >> issue is they threw the guy in jail. they threw him up in jail to set him up as the pacy for us. nobody in the mainstream media is wondering why they threw an innocent guy in jail just to prove their point about the video even though they knew the video had nothing to do with it.

>> susan rice goes on "60 minutes" and said hillary clinton had to meet families and so forth of the victims. does that excuse or does that story wash, jim? >> does to susan rice. that's for sure. they're still peddling it more than a year later. she seems to have less energy when she's faced with tough questions. her plan now is to do puppy interviews and get paid a lot of money for speeches. >> this benghazi thing, every other word out of conservatives' mouth is benghazi. it's absurd. we need to find out what happened, why it happened and fix it for the future and find a scandal, i put in quotes, that we can attach to the obama administration. >> thanks the "60 minutes" moved the ball forward? >> no. no. i've already said no. they should have had the other side of the nsa scandal.

jon: nobody died in the watergate burglary. >> i don't know what that obama didn't kill people. jon: we're going to have to leave it there. thank you both. be back with more in a minute. . on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve. hi, i'm terry and i have diabetic nerve pain.

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jenna: former nfl cheerleader returning to the field examine it wasn't to dance. rachel washburn spent three seasons with the philadelphia eagles before joining the army. she's complete twoed tours in afghanistan and yesterday, her eagle family saluted her for her brave service overseas. what a story. david lee miller has more. >> what a tremendous story this is. she went from being a philadelphia eagles cheerleader to an army platoon leader and last night, first lieutenant rachel washburn was honored as a

home tune hero. eagles fans might remember seeing her in the cheerleading uniform. she cheered from 2007 to 2009. she was an rotc student at a local university and she traveled to iraq for a u.s.o. tour. after graduation, she then served two tours of duty in afghanistan. not only was her cheerleading a form of the past but she wore a head scarf while serving on an army cultural support team. her job was to serve as a liaison between the military and afghan women. >> understanding the culture was imperative for us. if we didn't understand that, we never would have been able to make a bond with the women we needed to, to accomplish our mission. >> she is no stranger to the military. her dad served in both the army and the air force while she was growing up. she moved to at least a dozen

different locations but she said, philadelphia will always be home. and about that transition from cheerleader to army first lieutenant. the two jobs have more in common than you might think. >> there are some commonalities between them. they're both stressful and require you to stay composed. >> she was nominated as a home town hero by her dad but special recognition, that's nothing new for her. at age 25, she's received the bronze star medal and other military honors. lieutenant washburn is stationed at fort stewart, georgia but has another year left to serve and she said, by the way, she is thinking about signing up for another tour of duty. jenna: wow. what a great story. david lee, thank you for that. and we'll be right back with more "happening now."

we have anded for holiday

photos of your pets. thank you very much. we have a surprise guest. >> winston himself. >> the wonder dog. >> we'll bring him in tomorrow. >> see you here live. nhope he behaves. >> america's news headquarters starts right now. we start with a fox news alert. you have less than 12 hours to sign up for obama care. there may be a new exception at this hour. the administration is issuing other exceptions and what this dead lean really mean? welcome to hq. >> i am allyson camerota. >> we are getting word that they may extend the deadline until tomorrow. but for now today is d- day. >> we'll bring in chris stierwall.