a few things. and also santa makes a surprise visit. >> nice. >> sergeant, thank you for your service and all the great things you do. >> thank you for having me. >> great song. >> log on for after the show at foxandfriends.com. merry christmas. fox news alert, obamacare confusion, frustration, outright anger. the white house pushing back to midnight tonight, christmas eve, the deadline to sign up for coverage that begins january 1st. after a crush of last minute visitors triggering massive traffic jams on the troubled website, even bringing it to a halt for hours and hours. good morning this christmas eve day. greg jared in for bill hammer. >> good to be with you, gregg. merry christmas to all of you, jamie colby in for martha today. instead of spending time with families cooking and doing last minute shopping, many americans are stuck on computers because

the waits are so long on the obamacare site. folks put in line, told to wait for an e-mail that will invite them back to even begin the registration. the administration is calling this delay a tweak, saying it is not any different than keeping the polls open longer for folks in line on a busy election day. try telling that to peter doocy. he got one of those e-mails, inviting him to return finally. peter joining us live from washington. you have been at this since the beginning trying to sign up. the administration is telling folks who didn't enroll by yesterday's deadline, they're going to get a little break? >> basically, jamie, what they're saying is it is still not too late to enroll. there's a brand new item on healthcare.gov that says this. even though we have passed the december 23rd enrollment deadline for coverage starting january 1, we don't want you to miss out if you've been trying to enroll. tell our customer service

representative you have been trying to enroll, explain why you couldn't finish by the deadline. they can tell you what to do to finish enrollment and get covered for 2014. yesterday was a day of record volume at healthcare.gov. the site received almost 2 million visits. operators answered more than 250,000 calls. at least 60,000 consumers put themselves in the cue, meaning the site was too busy, left an e-mail address asking for invitation back when there was less traffic. put myself in the cue late yesterday morning, finally got one of the invitations back about nine hours later. jamie? >> so i want to ask this as well. the president and the administration said the president was able to sign up himself, even though he is covered under another plan with the military on taxpayer dollars, of course. so he had no problem. are there certain times better than others? why is it so many are having delays? >> just high volume at this point, jamie.

we know the president is now enrolled in a bronze plan on the marketplace going to cost him $400 a month in premiums. because his personal information isn't easily found in the days a bases they use to verify someone's identity, what happens with this enrollment is a white house staffer went and signed the president up in person. the white house admits this move is purely symbolic because the president is going to continue to receive his health care from the military, just like he and previous presidents always have. jamie? >> are you confirmed coverage now? i heard stories of people that are told they're covered on the website, then get a letter or e-mail that says no, not january 1, you're not going to have coverage. >> have i? i have coverage through work just like you do, so i don't need it. i just kind of go through the process to see how far you can get. so i'm good. >> just checking. there are a lot of folks that are very frustrated. thank you, peter.

great job. gregg? what happens to folks not signed up by today? charles pain, fox business network, what happens to those folks? >> you won't have coverage beginning january 1st, although i got to tell you, greg, there's a lot of problems. even people that signed up extraordinarily confusion. i found it curious they put such an emphasis on these deadlines to the point of display. maybe to put a rush on and a sense of this is the last time we can do it and bolster it that way. other than that these deadlines seem to be extraordinarily unofficial.

after january 1 and the penalties begin i suspect that will move as well. gregg: i'm sure the lawyers have advised people the president has no authority to make you do these things. you should follow the law, no matter what the president is saying. but it confuses people, doesn't it? even the insurance companies are laughing at the president's allegations, we are down to a 10% error rate. they are saying are you kidding in $50% error rate. >> it's been a major debacle. he puts it at the top of his legacy. the insurance companies are balking at some of these different things. we are talking about 9 or february major provisions, these are just provisions made by the president.

they haven't been gone through congress. but they had major impacts. ultimately after all the confusion goes away people will say i will take the penalty. gregg: the risk pools are thin here. in that doesn't change with more young healthy people signing up, that could lead to a death spiral that could ruin the financial structure of obamacare. could it not? >> you are right. essentially what the administration is banking on are a whole lot of young people without a lot of money and extremely great health paying major premiums to support older people who are taking all the benefits from the plan. it's a major experiment in communal society, going back -- it's asking young people for an extraordinary sacrifice a lot of people don't think will happen. we have 1 million enrolled.

most of them in medicaid. we are far off the mark of 7 million. what hearing now is bailout for insurance companies. gregg: it's sort of built into the legislation. it's reverse robinhood. you are taking from young kid. they don't have the money older americans do. it's reverse robinhood. >> you are taking from the poorest americans and giving to the richest americans. it's hard for everyone to figure out. jamie: he will ward snowden is back in the news claiming his mission has been plirnd. he told a reporter that everything he was trying to do was validated when the media started reporting on the government's secret surveillance program. jonathan hunt is in our new york

city newsroom with more on that. >> reporter: edward snowden seems to remain proud of what he has done. feeling it was necessary and that it set in motion much needed change in his view of the way government surveillance is run. he told "the washington post." for me in terms of personal satisfaction the mission has already been accomplished. i already won. as soon as the journalists were able to work everything i wanted to do was val -- was val dated. -- was validated. i wanted to give society a chance to change itself. a federal judge declared the nsa bulk data collection program as

being probably unconstitutional. jamie: what does he say about the charges against him? >> reporter: snowden says he is not a traitor. has not been disloyal to himself or his former employer. he says i'm not trying to bring down the nsa, i'm trying to improve the nsa. i'm still working for the nsa. they are the only ones who don't realize it. a spokesperson says mr. snowden faces felony charges in the united states and should be returned as soon as possible where he will face charges under our criminal justice system. he's charged with felony theft of government property. he's currently in russia where he was granted asylum.

gregg: it's nasty out there from the midwest to the northeast. a lot of those places are recovering as folks in northern vermont are expressing concerns over heating problems and potential flooding when the ice melts. >> i'm worried the bridge won't hold up to that. if the bridge goes down, i'm worried about the repercussions. i'm worried about the hotel, because i don't know where the water would go. gregg: across the country people have to endure these frigid temperatures. we have a full forecast on what else you will have to deal with during the holidays so stick around for that. jamie: this fox news alert from the international space station,

a rare christmas eve space walk. astronauts are trying desperately to repair the station's cool system. nasa says the entire mission should take 6 1/2 hours. if all goes well they won't have to go outside tomorrow. we'll have more coming up on a live report this hour. gregg: does the white house have a plan b for obamacare if it feels? the answer from a top administration getting a reaction. could it be phil robertson from "duck dynasty" who are being intolerant? gregg: norad is on the job where jolly st. nick is right now even down to the number of gifts under the tree.

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gregg: a powerful explosion rocking egypt. a government spokesman says the blast was likely caused by a islamic group that threatened the country 24 hours earlier.

jamie: with all the confusion surrounding obamacare. rollout and the low numbers so far, does thed a membership straition have a plan tbrks it fails? -- >> if not enough young healthy people sign up for the affordable care act, what is going to happen? >> there is a plan a to enroll as many young healthy people as you possibly can. jamie: but to some observers like charles krauthammer, there is a plan b that includes a bailout. or a buyout. >> there is a plan b but they won't say what it is. it's obvious that is a bailout. the question is what happens if there aren't enough young people

who join so their overpayment can subsidy the sick and the older. if this were a free market and the insurance companies were on their own they would go bust. jamie: byron york joins us. describe to us what that with look like. i think it probably appropriate if that were to be the plan b what would it be like for everyone? >> jason fuhrman was asked again do you have a plan b? and his answer was plan a is to enroll as many wrong healthy people as possible. what charles is referring to is a provision called risk corridors. what it does is, if because of the changes in obamacare

insurance companies pay millions and billions more in benefits than they receive in premium. if they are under water, they will actually receive money from the federal government. the federal government will make them whole. they will bail them out. this was a deal by insurance companies and democrats who passed obamacare to insure the insurance companies would not be sunk by the changes that were coming. jamie: where did that money come from? >> it's all taxpayer money. the subsidies and tax credits that go to lower-income americans and if the insurance companies are deeply in the red, the money goes to help them, too. jamie: do you expect more exemptions to the mandate to come? >> yes.

they say the individual mandate is the heart of obamacare. without it the whole thing doesn't work. but what we saw is the obama administration made an exception for people who have had hair policies canceled and couldn't or didn't get another policy. i think almost everybody in the healthcare world think if they will make this one exception for people who have been burdened by obamacare, they will have to make other exceptions. where does that leave them on the individual mandate? it's the most unpopular part of that mandate. public disapproval of that mandate is close to 70%. the thing they say obamacare can't live without is the thing that's most unpopular. jamie: the numbers of women that object to this healthcare plan, the system, not just website but the actual coverage. they were expected to be in favor of it, it covered

mammograms and preventative care. but women are starting to turn away by 50% against the plan. what does this mean for the democrats politically? >> they were -- they were hoping women would be individual voices to get people to sign up for obamacare. in july when the president unilaterally delayed the employer mandate republicans said why are you giving the break to business? the house passed a bill to do that, 22 democrats voted to delay the individual mandate before the implementation and the canceled policies. i think you will see votes in the future and perhaps more house democrats voting to delay the individual mandate. senate democrats are probably

going to hold firm and will build momentum in congress against this individual mandate. jamie: thanks for joining us with your thoughts and the best to your family. if byron is right and there is a taxpayer bailout you can do multiples of that 2.5 trillion. another high profile figure commenting on duck dynasty. jamie: there are new details in the case of the 13-year-old who is declared brain dead after a reportedly routine con sillectomy. -- are routine tonsil tonsille. >> things like this happen all the time. how did we get here with this

miscommunication? p communities recover and rebuild. for companies going from garage to global. on the ground, in the air, even into space. we repaid every dollar america lent us. and gave america back a profit. we're here to keep our promises. to help you realize a better tomorrow. from the families of aig, happy holidays.

>> something that hasn't happened in 600 years. two popes exchanging christmas greetings. pope frances visiting his predecessor pope benedict xvi. they were dressed in identical white robes and they wished each other a merry christmas, spending the morning praying and talking. jamie: we have been following this story of a beautiful little

girl and what happened to her. she was declared a brain dead add her routine tonsillectomy. her family thick she can recover and that a second opinion will help keep her on a ventilator. >> reporter: a hearing is scheduled fear -- scheduled for 9:30 this morning when a california judge will hear testimony. the chief of neurology at stanford university brought in by the judge to give him an entirely different opinion. the judge is expected to rule for the family's request by a controversial expert from the university of toledo who has

said in the past that he doesn't believe brain death means true death. the hospital wants to take her off life support. the family, however, refuses to accept the diagnosis. they went to court friday to stop the hospital. the mother told the judge she believes her daughter wants to live. >> i feel my daughter is on death row because i don't know when you are going to pull the plug. i'm praying on it, give her more time and hopefully everything will work out in her favor. i know my daughter wants to live. she enjoyed life. >> reporter: she underwent a tonsillectomy on november 9 but began bleeding shortly

thereafter. physicians put her on a ventilator and declared her brain dead. >> i can't talk about the problems at this time. all we can say is it's the result of our complex surgery. the family he no doctor can end life without -- the judge prohibited the hospital and taken her off life support until monday and allowed the family to spend christmas with their daughter. fox news alert. this is a live look at the international space station. they are trying to repair some damage on a space walk. gregg: we have the latest on santa's trek around the globe and where he is right this minute.

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jamie: two astronauts are out on a space walk at the international space station. they are trying to configure the faulty space suit for the astronauts. if all goes as planned a third space walk won't be necessary. treacherous work, phil. are they doing okay? those space suits, are they dry inside? >> reporter: all systems dry so far. instead of the two previous space walks where water was a serious threat. in july water filled the helmet of an astronaut and friday after the space walk. one of the astronauts noticed he

had water in his space suit. that's mike hopkins holding on to the 780-pound ammonia-driven cooling pump module. the new one, the replacement one. he's about to slide it into the gap. they removed the bad module you can see on screen right. by the end of today they should know whether this is going to work and resume the cooling of the space station. nasa did some graphic animation. it's amaying what we just witnessed. -- it's amazing what we just witnessed. right now we are 2, 2.5 hours into the space walk. it's supposed to go 6 hours

today. jamie: is there a possibility if they don't complete it they could have a space walk on christmas day? >> reporter: nasa hope not, the astronauts hope not. once the module is inserted and all of the fluid lines, electronic lines are hooked up, the big test, does the one of two cooling systems that keep the space station laboratory cool which generates lots of heat with all the electronics. if it starts working properly and the cooling resumes, christmas day won't require a space walk. but for all those rocket scientists home on christmas break watching the space walk. be known, mission control in houston reports no issues tonight.

gregg: a debate over an attempt to reform the nsa's controversial surveillance program. a commission found they did not technically break any law, but they recommended reviewing the program. if there is serious damage to the program measured by a serious terrorist attack, then we'll have it put in the hand of a private party and we know nothing can go wrong with that. we think he was being facetious. but let's ask john bolton. >> i think this debate is very

unbalanced. the critics of what the nsa is doing can make wild allegations. edward snowden released limited information on what the nsa can do. the nsa says everything it does is highly classified so the alarmists and the fears get out in front of the reality. this panel plays a certain purpose. there is no evidence of sanctioned abuse. there is nothing the workers did that violate any order they were given. if you had evidence of abuse that would be one thing. but there is no evidence of abuse. gregg: let me bring into that point a couple other people and the panel itself. for example, federal judge richard leon, aa republican

appointee. he said it's likely unconstitutional, quote, surely such a program infringes on that degree of privacy that the founder enshrined in the amendment. now, juks a posed the president's panel which has some prominent law professors on it. they stated we have not uncovered any official efforts to suppress or intrude into people's private lives without legal justification. you have a judge saying it's an incrucial baugh panel saying we weren't uncovered any intrusion. >> i respect him as a judge. he's flatly wrong on this. it's an example of what can happen wester in the legal system or public debate. people can say nsa could do x, y

and z. the united states military is very powerful. city the could launch a coups against the government. it hasn't and that's part of the being a responsible citizen in a representative government to make sure the instruments of power wee create don't commit apewses. until you see signs of abuse it's dangerous to say we are going to cut back. it's very hard for nsa to say what they are doing. that gives the game away. gregg: the obama administration said that. yet jacques leon -- yet judge

leon said there was no evidence of that. our own review showed the nsa program was not essential. >> that's not what one member of the panel said in a subsequent interview. let many come back to judge leon. when we have federal judges making national security decisions we are on the road to doom. they are the last people who should be deciding what keeps america safe. that's for the elected branches of government. it's a very complicated mosaic of putting this piece of information together with that piece of information. it takes a long time because it took a long time to you find usama bin laden. but it's the totality of the effort that matters. the notion that people who don't have a full understanding of what nsa is actually doing can say we can do without it. i just think it doesn't pass scrutiny. what you need is more

congressional oversight and involve seattle. that doesn't guarantee protection because members of congress can run like called -- run like scalded dogs. gregg: best wishes to you and your family. >> merry christmas. jamie: tis the day before christmas and all through the skies you can count on norad to track santa live. how's that? gregg: very good. jamie: you can follow santa's path by phone, facebook or twitter. norad is the north air can aerospace defense command. -- the north american ear so space defense command.

gregg: it started with a kid calling the wrong number and it evolved from there. jamie: he's near russia. gregg: a different take over the firestorm on the duck commander's controversial comments. while bristol palin says it isn't phil would would robertsos being intolerant. it's his critics. jamie: what was behind a big scare in the skies forcing this emergency landing. >> the plane shook a little bit and we smelled a lot of smoke. >> there was a boom and the plane was wiggling and i held my mommy.

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gregg: a plane make an emergency return to a airport in st. louis. apparently a flock of bird getting sucked into the engine. >> like oil burning and foul smell of the flesh of the burn. it stunk. >> we smelled a lot of smoke. >> reporter: passengers transported to a new plane with a new crew. last night drama-free and injury-free thank goodness. jamie: bristol palin like her mom publicly supporting "duck dynasty" star phil robertson. she is slamming hypocrisy in the gray community. she he i hate you a the lgbt

community says it's all about love and community. it's so hypocritical it makes my stomach turn. gentlemen, nice to see you. >> merry christmas. starting with you eric, does phil robertson have standing to make these comments? >> i think it does. everyone should have standing to say what they want. you may disagree with what he says, but he has to right to say what he says. jamie: what about bristol palin, she can also say whatever she wants. >> there are two questions. they both certainly have the right. do they have the standing?

i don't think so. i think phil robertson is a reality star and bristol palin is the progeny of a former elected official. i don't see what gives either of them the standing stature or credibility to speak on these issues. jamie: if phil robertson is speak on this the accusations are he's intolerant of homosexuals. eric, are people as incol rant of him as they are claiming he is of others? >> i think have much so. he has 14 million people who watch his tv programs. there was a poll last week that 75% of the public tend to agree with what he says but somehow a small and vocal minority can get him to be quite and drive him from the public square. if both sides can't compete in

the public square and discuss things, we are not having a discussion. we have one side trying to silence the other side. jamie: if it's corresponded under first amendment speech, why was the network so uncomfortable. >> what he said to a lot of people, right-thinking people found his comments intolerant and abhorrent. this is christmas eve. i don't deny the right for the man to say what he wants. but networks can make decisions based on what they think is right, and reasonable. bottom line, i think we should lower our voices, let people lead their lives without castigating people for the choices they made. >> look at the size of the media with all the avenue tbrs t

storms mobile homes, radios, newspapers. do we want to control any of this speech? >> i think it's dangerous. what we are seeing is one side decide it can assert authority. they would put up paintings of christ in urine and say you have to be tolerant of this. let's not kid ourselves. a & e isn't really shying away from phil robertson despite the public pronouncement. they are showing marathon this weekend of "duck dynasty." thanks for your opinions as well. nice to see you guys. have a great holiday. gregg: shoppers on high alert

after a massive security brief. what about shoppers giving out their information at healthcare.gov? should they be worried in the questions of security while cycle up for healthcare. jamie: we are going to have a live report from bethlehem where thousands of people gather to celebrate the birth of jesus christ. we'll be right back. ♪ silent night ♪ holy night ♪ all is calm ♪ all is bright heart healthy, huh?!

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gregg: thousands of the faithful are gathering to celebrate his birth in bethlehem. >> reporter: christmas celebrations in bethlehem are in full swing. we were just down in manger square. the thing that the most interesting was to hear how many different languages and accents there were. there is of course american. they are hearing people seek arabic and english. this is an interesting international crowd as tourists and as christian faithful. this is the city where jesus was born. the church of the nativity is the focal point. the birth of jesus is the focal

point. earlier today the palestinian boy scouts led a march through the town. the head of the roman catholic church led a procession. the big news here is all the problems in the middle east, one of the biggest here in bethlehem was the ongoing negotiations to renovate the church of the nativity. they reached an agreement and have begun to renovate the church of the nativity. jamie: the healthcare signup deadline may fall around christmastime. but the poll numbers are lumps of coal for the white house. we have terrifying videotape of a man who drove his car directly into a walmart. those details and more video coming up.

jamie: fox news alert. obamacare popularity has reach ad new all-time low with americans. welcome everybody, to a brand new hour inside "america's newsroom." i'm jamie colby. i'm in for martha maccallum today. gregg: i'm gregg jarrett in for bill hemmer. according to the new poll just 35% of the public supports obamacare. 62% oppose obamacare. new numbers coming on the enrollment deadline for coverage starting january 1st. but more traffic problems on healthcare.gov pushed the deadline back after last-minute shoppers bombarded the site. chief white house correspondent ed henry is live in washington. well, ed, the administration claims the site is able to handle a lot more traffic now. fact or fiction? >> reporter: well, gregg, at least based on their numbers it does seem like there has been a surge of traffic. it proves obviously there is nothing that focuses the mind like a deadline ad the deadline

is finally upon us for people who want to sign up in time for insurance on january 1st. they say inside administration, yesterday alone two million visitors to healthcare.gov as well as phone calls. people trying to navigate the site and they were cued up some of them for many hours. when you speak to white house spokesman josh ernest as i did late last night from hawaii, he told me this is a positive sign that the website is finally turning the corner. take a listen. >> when the website was first rolled out back in october it was crashing regularly, it was not reliable. it is now reliable. it is reliable now taking on significant traffic. >> reporter: josh obviously traveling with the president on his vacation out there in hawaii. he says the president is getting regular updates for this deadline they're ready unlike the last deadline but the key is not traffic obviously. that is a positive sign for them perhaps but the long run, how many of those people going on

the website are actually enrolling paying into the system and having insurance on january 1st. that is an answer we don't have yet, gregg. gregg: ed, sounds like the president himself was able to get enrolled or did he? >> reporter: initially the white house said president signed up for a bronze plan on the washington, d.c. exchange. as they dribbled out more details. it was not president the that enrolled. his staff did them and they say this was symbolic gesture. since he is the president his personal information is not variable in various government databases like many of us have the information. so healthcare.gov couldn't confirm his identity that way. he would have to go for a in-person visit. that is why his staff went in anyway. meanwhile there was this other delay late yesterday for anyone cued up. they got an extra day.

republican congressman fred upton put out a sharp statement. the latest. >> tension is the another disappointment for the most transparent administration in history of the as we celebrate christmas and ring in the new year we continue to ask, what next? fred upton says we've seen a whole raft of last minute tweaks for this law. between christmas and new year's there is a good shot there could be more, gregg. gregg: president agrees with all the experts who testified that the website is not secured. >> reporter: for his personal information. gregg: all right. ed henry, ed, thank you very much. >> reporter: good to see you. jamie: that security is a big concern for folks going on there especially with so little time to get it done. for more on this we're joined by michael warren a staff writer for "the weekly standard." michael, a perfect time to bring you in. you're aware of delays, extensions. people are literally trying to get on the website and told they have to wait in a queue to get

on. the numbers, plan overall is impacted by all the glitches. what are your thoughts? >> well, as you said at the beginning of the program that this is the lowest low for obamacare in terms of the polls. i think there is only one other poll that showed disapproval higher. that was last month. so we're three months now since the implementation of obamacare and it hasn't gotten any better. i think that is interesting because you had a lot of supporters of the law, even a few opponents who said, once this law gets implemented people are going to like it, they will get over their trepidation and embrace obamacare and that just hasn't happened. jamie: in just a month among women the approval rating dropped by five points. that is significant because many parts of the program as we were talking about in the last hour were ben to women. you think it will continue on that trend? are they missing something or are they spot on? >> well, let's remember that women are a big part of the

obama coalition of pro-obamacare coalition. so to be seeing those numbers has to scare the white house and scare the obama administration. i think it is interesting, if you look at those poll numbers you can see 42%, which is a plurality, 42% of the americans say the law will affect them negatively. that is the highest it has been. on a steep incline since the law has been implemented. that is important when you request the question about women. as you know a lot of women in families are the ones who balance the checkbook, who pay the bills. what they're seeing is increase in premiums. they're seeing coverage that isn't as good and see it in front of them once they get e-mailed. they're concerned about it. jamie: i have 20 seconds left. i have to ask you this. one of the things came out in the polls, some liberals, 15% of those who disapprove say it is not liberal enough. what part of this plan would liberals like to have been more

liberal? >> well, i've been talking to a few democrats who say that the public option, if we remember three years ago where the government might provide its own option for insurance, a lot of liberals, a lot of democrats say that is where we need to go. i talked a potential presidential candidate a few weeks ago, that what he would propose, brian schweitzer former governor of montana. we'll see what is left of healthcare in the post-obama era. jamie: it is trying to stay up and running for people to attempt to get coverage. thank you so much. nice to meet you. >> thanks. jamie: gregg. gregg: well despite the troubled cks for the obamaut and numerous administration the president says that the economy is on the way up, poised for a major rebound in the new year. >> as we head into next year with an economy stronger than it was when we started the year. more americans are finding work

and experiencing the pride of a paycheck. our businesses are positioned for new growth and new jobs, and i firmly believe that 2014 can be a breakthrough year for america. gregg: doug mckelway is live in honolulu where the president is on vacation. so, doug, there is good news on the economy, but you know still a lot of uncertainty out there? >> reporter: that's right. on the good news front, take for example, the latest economic barometer which came out from the commerce department just this morning. we're talking about orders for durable goods during month of november, things like cars, washing machines, things that last more than three years or so. increased significantly for the month of november, beating expectations and beating a lull in the previous month. rose 3.5% after a 7% drop the previous month. factor in the unemployment rate now at 7%. not good but certainly moving in the right direction. factor in the budget deal worked out by congressman paul ryan and

senator patty murray, signed, rather passed by congress. not signed by the president but we expect that to happen any day now. you appear to get some economic certainty moving forward. here is glenn hubbard. >> well, i think the economy does have momentum and we do have a solid foundation for 2014 but the growth we're going to see in 2014 i don't think will be enough to make the huge difference in the labor market that we still need. so good news but really incomplete. >> reporter: among the lingering doubts the obama administration's push for extending unemployment benefit which republicans oppose. of course obamacare, the lingering doubts about obamacare which you've been talking about in the last segment. we all know about that. gregg. gregg: doug, we've seen another health care deadline extension. what signal that seem to send to american business if you can determine it from there? >> reporter: this is one of 12 revisions, extensions or tweaks

to obamacare that the administration mass made the last several weeks. it is throwing the insurance industry into absolute turmoil. never mind addressing the fundamental questions of the long-term problems of the debt spiral some kay we could be heading in if i don't have enough healthy young people supporting cost of elderly and affirmed. if the tweaks continue so does uncertainty over obamacare. here is glenn hubbard again. >> i think the uncertain over health care costs regulation and how the affordable care act definitely is. it does create hiring disincentives for many small and medium-sized businesses and that's a problem. >> reporter: hubbard says that it is fixable if republicans in the house and the administration get together to make these tweaks together. how likely is that? republicans in the house smell blood in the water over this. they see tremendous midterm gains in the 2014 elections

from. chances of them working together with the president to resolve this issue over obamacare, highly unlikely. gregg? gregg: i will be talking to steve moore in a few minutes about that very subject. doug mckelway live in hon hulu before dawn there. doug, thank you very much. >> reporter: you bet. jamie: we continue to follow a rare christmas eve spacewalk. right now two astronauts conducting repairs outside the international space station. this is their second spacewalk in four days. only the second spacewalk on christmas eve in nasa's history. the astronauts are conducting urgent repairs to a cooling system. they already removed a faulty pump on saturday. they hope to have the rest of the repairs completed today. otherwise they have to conduct a third spacewalk tomorrow on their christmas day. gregg: let the midterm election battle begin. >> the differences are stark and your choice will be clear. but you will make your decision in november next year. gregg: attack ad season not

waiting for new year's day. more of that ad. what we can expect as the races begin to heat up. the senate minority leader. >> more fallout over target's security breach. did you shop there this holiday season? our legal panel will weigh in what is next for the megastore. shoppers are staying cautious as they head out to pick up those last minute exists. all -- gifts. all that and more this christmas eve morning. it is great to have you here. ♪ what does that first spoonful taste like?

ok. honey bunches of oats. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal.

gregg: senate minority leader mitch mcconnell has a christmas message for the white house and did he kratz in congress over the problems in washington. senator mcconnell going on the

attack releasing this rhyming radio ad. >> before christmas four years ago liberals wanted obamacare but kentucky said no. if you like your plan you can keep it they said with a twinkle in their eye. newspapers now say, that was the year's biggest lie. gregg: the battle for control of congress about to get serious. steve moore, senior economics writer for "the wall street journal," a fox news contributor. you know i listened to the whole thing. it is pretty clever actually. does this ad though first of all, steve, show that already republicans, very much intend to make obamacare a super referendum for the midterms? >> yeah. there is no question about that, gregg. it is the theme of republicans these days is that obama care is the grinch that stole christmas. you're seeing the kind of ads like the one you just showed throughout the country. one of my favorite ones that ends, if you like your congressman or senator you can

keep him or her. those who voted for obamacare. i think you're going to see this in at least 10 to 12 senate races across the country. the republican theme will be, if it weren't for your senator, we wouldn't have had became kiar. this passed exactly with 60 votes in the senate. so every single democrat who voted for it was that critical vote. gregg: the new poll said 62% oppose obamacare. our fox poll found roughly half of america think that is obama is dishonest and untrustworthy. the majority think knowingly lied about obamacare. that is pretty stunning. that will be used in ads. plus, infamously the president awarded by "politifact" lie of the year and "washington post" fact checker pretty much doing the same thing. >> you know it is interesting, you just played that excerpt from president obama saying he thinks that 2014 will be a good year for the economy. i actually agree with the

president on that, gregg. i think 2014 is shaping up to be a pretty good year for the private economy. gregg: really? >> but you know what? if you were to ask what is the one big negative, what is the big cloud hanging over the economy right now, holding back that breakthrough year we're waiting so long for is obamacare. all you have to do is talk to small employers around the country, they say they're on hold in terms of hiring more workers in terms of expanding their businesses. this is the really big negative for 2014. and the problem is, gregg, is the year progresses, and we get closer and closer to that new employer mandate that will take place on january 1, 2015, you may see a lot of, millions of more americans losing their health care which will be a major problem come election time in november. gregg: the ad also shows that the second strategy here by republicans is, we are going to tie everyone of those democratic u.s. senate candidates directly

to the president because he has now achieved, the president, the lowest ratings of any american president in history. >> yeah. look it is hard to remember a time when a president had a worse year than this president. maybe have to go back to richard nixon, the year he had to leave office. so, you know, barack obama has become a bit after millstone around the neck of a lot of democrats. the interesting thing to keep an eye on, gregg, for 2014 is whether democrats start so distance themselves from obama and obamacare. so far they're not doing that. they're basically saying they will stick with the program full steam ahead. mary landrieu saying i would vote for obama care again if i had to right now. so -- gregg: that is going to change. boy, that is going to change, isn't it? >> i think you're right. gregg: especially as the employer mandate expires, president gave extension. >> approaches.

gregg: cbo predicts 20 million americans will lose their employer-sponsored health care plans. i talked to the former head of the cbo he said no, no, double that. 40 million. >> well, gregg, if cbo and you are right about that number, then it will be a total obamacare meltdown. look at the pain and suffering from five or six million people losing their insurance starting january 1st, if that number quadruples or even higher numbers lose their health care, then i think the whole thing will be in a total state of collapse. in that case, by the way, democrats could be facing historic losses. now look, the election is still a year away. so a lot is to happen. gregg: we didn't show viewers this clip. mitch mcconnell covered all the bases. higher taxes, more spending, sky-high record debt, obama's war on coal, they're pour praying him and -- portraying

him, senate candidates. gregg: democrats, out of control, big government-spending liberal, right? >> also having been in politics in my past life, you know, when you're standing for a candidate and they become the subject of rid cue, the problem for obamacare right now is not only is it painful to people, it is become butt of all the jokes, right? when you have jon stewart on "the daily show" and jay leno making fun of this night after night it becomes politically unsustainable for the democrats. it will be very interesting to see whether they just continue to delay and delay and delay this law, to put off all of the pain. gregg: all right. steve moore, thanks so much for being with us today. appreciate it. >> merry christmas. gregg: you too. jamie: some of the stories we're following this hour, there was a terrifying scene at a walmart a driver ramps his car right through the front doors and begins to attack the customers. what was up with that? gregg: and service dogs are a lifeline to the people who need them but some folks are abusing

the system. there is a push to fight the cheaters coming up next. >> to prove you're capable physically to drive a car and to be qualified and to be on the highway. i think there is analogy in that regard. ♪

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gregg: press in -- police in san jose, california, releasing some pretty chilling videotape. this happened back on easter sunday. go figure out why they're doing it now. you see the car crash right into the front of this walmart. the driver slams into a poll. then he -- pole. backs up swerves into another display and amazingly nobody was killed. that driver faces multiple charges murder.

jamie: some other folks may face some charges. there is a growing problem that has a lot of folks barking mad. why barking? there are a lot of people that pretend their doctor dogs are service animals to bring them wherever they want, restaurants, airplanes, stores, movie theaters. claudia cowan joins me now in san francisco to tell us this is becoming a big problem. pets should not be able to go into these places unless they're really serving their owners. >> reporter: well, you know, that's right, jamie and really nothing wrong with people who love their pets but a growing trend has thousands of dog owners abusing the americans with disabilities act so they never have to be apart from their dogs. it is happening across the country. owners claiming they need therapy and comfort dog and taking them everywhere with full protection of the law. they only need to buy a service animal vest, easily available on line and claim a disability. anything from anxiety to depression counts. no proof needed.

legally merchants can only ask two questions s that a service animal? and what task does the dog perform? now the law is vague in this area on purpose to protect the privacy of the disabled and most merchants do look the other way, often to avoid a lawsuit but trained service dogs no not to bark, bite or eat food in a restaurant. restaurant. those who daying are calling for government oversight to combat the cheaters. jamie: obviously the people who need the animals most, those with disabilities, how do they feel about it? are they outspoken? >> reporter: they're mixed. depends who you talk to. people who don't have a obvious disability are in favor of rules that protect their privacy and prevent merchants from asking them too many questions. for instance, wallace who is soft spoken because of hess disability, she support as crackdown on fake service animals, saying she has experienced the backlash

first-hand. >> people tried to seat me out on the patio in the rain because they are concerned that my dog isn't going to behave as an assistance dog should. due to their previous experiences with these fake assistance dogs. >> reporter: activists are trying to work with the justice department which enforces ada laws. and the national restaurant association to fight this kind of fruit that is impacting tens of thousands of disabled americans who do rely on legitimate service animals. jamie: it's a catch 22 because sometimes the disability doesn't present itself and they are limited on the question they can ask. >> reporter: that's right. jamie: thank you, claudia. gregg? gregg: target is facing some pretty serious problems and lawsuits big-time, after that massive credit and debit card security breach. our legal panel is weigh in on that. jamie: time to freeze your report. gregg: yeah. jamie: folks around much of our country are recovering from this

weekend's massive ice storm. what it meals for millions trying to make it home for the holidays. ♪ pp ÷ó

>> i know it is winter.

but folks in the east are having trouble recovering from the ice storm and many face the prospect of spending the holidays in the dark. >> we bought a space heater and we have candles. >> dark and cold are not a good combination. will it warm up a bit for them? >> unfortunately not for today in portions of new england and that is one of the hardest hit areas. on monday, there was significant icing in the state of maine. there storm is mainly on the

coast. we have lingering snow showers in the northeast and central locations. there is snow in the rockies as well. it has left behind told temperatures. 25 below 0 in minneapolis. 16 below 0 in chicago. teens and single digits in up state new york like buffalo with 9 degrees. head to a neighbor's house or family where you have power to stay warm. 40s for new york city, 20 in cleveland and tens in minneapolis and chicago. 54 in dallas. and the children are excited

about whether they will see a white christmas and we will see that in the rockies, oregon, washington and portions of the midwest. but for us in new york city, not expecting a white christmas, but it will not make it ow of the 20s. high in houston tomorrow is 62. los angeles is warmer than the city of miami. >> little competition going there. we will see you plenty of great pictures even if you don't get a white christmas. california judge ordering an oakland hospital to keep a teenager declared dead on life

support pending the results after another test. the teen was getting her tonsils out and didn't wake up from the surgery. chief of neurology spent two hours doing test on this victim and the results will be revealed today. but under california law, the hospital doesn't have to get permission from the family to pull life support, do they? >> that is correct. under california law, the doctors in the hospital are under no legal obligation to seek consent from the family.

my heart is going out to the young girl and her family. there is a difference between being brain dead or in a coma or vegetative state. brain dead is nothing. and coma is there is brain activity. i think the doctors are stuck because how do you tell the family after routine surgery of taking tonsils out she is dead. >> keith, you handled a similar case in new york city. do you think the hospital is being precipitous? >> what the hospital is trying to do is give that family a

present for christmas in the form of a casket and that family and attorney is sending it back unwrapped. this is unmoral and i think anti catholic. legally the hospital will probably prevail, but what that attorney in california is doing is buying time. you are buying them time to say good-bye. every hour is a precious one. we know it is difficult to lose a love one, but pulling the plug on someone look this is tragic and the hospital shouldn't be doing it this time of the year and this quick. >> three class action lawsuits have been filled against target and 40 million credit card and

debt hard has been stolen. what is target's responsibility in this? >> they are going to look at if they used the latest technology. target is a crime victim. and they are under the threat now of the individual purchasers and the banks now. $3-$5 per card to be shutdown and there is millions of them. and target was slow in reporting this to the consumptieconsumers thieves were able to run up millions and million and now the

banks are going to be stuck. >> identity theft took me years to clear up. they took out credit cards and checks. and literally i must have spent a thousand hours trying to clore up my credit and that is emotional distress. does that factor in? >> absolutely. victims have to deal with so much stress. it is about years of fixing your credit. this could affect your for the rest of your life. it is not just emotional, but it is also being the victim. i love shopping at target, but this is going to make me question. i entrusted them with the duty to take care of my credit card.

so that argument could be made definitely for damages. >> as people log on for one last try to get health care before january 1st, one congressman is on a quest to protect the information you sent out into the market place. >> and what looks like a lovely blanket of snow turns dangerous when a white wall pulled two skiers with them. gl they are outside of the area we control. people are lucky.

>> two skiers are injured after

they triggered an avalanche. they were swept several hundreds yards done a mountain and over a cliff. one hurt his leg and the other escaped with minor injuries. more than 20 inches of snow fallen in the last couple days on top of the unstable snow path. all of the shoppers that are out there this holiday season are all high alert and with good reason now that they know about the major security breach. and americans are shopping for health insurance online and they could be vulnerable to security threats as well.

joining us now is david rucker senior correspondent with the washington journal and how serious are the flaw and the ability to steal identify information at this point? >> according to the republicans that are investigating this and isa is one and rogers is one, the dangers for a security breach and fraud are high. and questioning in the hearings in regard to security issues with the health care website have been the most pointed i have seen. normally in the hearings there is a lot of political posturing,

but listening to them they have been specific, and there has been research behind the questions. so the issue is real and the dangers are real according to the house republicans. >> it sounds like they are cutting to the chase to get the answers because the threat for millions of american is vast. now they know about it, what is the government doing? >> the government has tried to assure them there is nothing to worry about. and the states that built their own are trying do the same. if you look at the target incident, no one would have just again and accused target's

system of being insecure. and there was no warning we should avoid them. and yet something happened. so with the internet and websites where you put personal data we have learned they end up having breaches. it is like a national security issue. you don't know if you fail until you do. but the republicans are going to spend a lot of time on this issue because it is ripe for investigation. >> i think it is interesting is it seems to me you go into every single doctors office and you

sign privacy consent and on the website you are putting in your social security and that has credit information and health information. there is no such emphasis on protecting health data, have we opened up a can of worms? >> every time we find a way to have quicker access to information we want we run into problems. this is just another area we are looking at the potential for security broaches. they couldn't stop a mid level contractor on blowing the doors open from our secret efforts.

we have seen in private industry and they have a real interest in p protecting our information, rather it is a private or the federal government, our information is always vulnerable but where you have something in terms of medical information being available on the world wide web is something new we have to look at. >> and are democrats speaking out? >> they are on the hook for the affordable care act for obamacare. they voted for it. they believe in it. and they want to believe the issues with the website have been fixed. you will not hear the same talk from them. >> good we are talking about

it. thank you. ten minutes from now happening now is starting. jenna, what do you have? >> the latest deadline for obamacare. the surge in last-minute sign up and the record low approval numbers. why is it easier to get into family fights during the holidays. and who is moving to the north pole. the fight over the arctic. and winston the wonder dog is here in studio. >> winston the wonder dog? tell me about the wonder dog. >> it is winston scott, the owner of john scott. and he is in studio with all of

us coming up on "happening now" >> incredible angel spreads good cheer and sharing the joy of being able to give. a heart warming story that will lift your spirit. lift your spirit. block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®. [ male announcer ] this december, experience the gift of true artistry and some of the best offer of the year at the lexus december to remember les event. this is the pursuit of perfection.

>> the true spirit of christmas is alive and well with help from an amazing group of folks that call themselves holiday angels. anita is live. >> hello, greg. santa's angels come in all shapes and sizes and this group and looking past their needs to

make sure others are brighter. these adults are special needs make a living assembly and packaging items on the campus of of their home. >> we help out other people that don't have holiday. >> they have kept the spirit of giving alive in southern california holding food, blanket and toy drives >> you need people that need help and they feel compelled to give to those. >> reporter: they collected and

delivered toys. >> all kind of things. >> it warms my heart seeing the smiles on the kid's faces. >> reporter: this this 2-year-old who is recovering from a nervous system disorder. >> having that special something is -- i don't have words. >> they give for the sake of giving. >> reporter: they are proof that people with special needs can do special things. >> good for them. what a great story. the problems appear to continue past the deadline to sign up for obamacare. the push is now on for the hss to get everyone ready who

played. much more when we come back.

>> that is going to do it for us on christmas eve. i will be back with christmas. gregg, enjoy it. >> merry christmas. "happening now" begins right now with winston the wonder dog. jenna: this is what we're looking forward to today. breaking news. today's top headlines and brand new stories you see here first. jon: winston will put in an appearance. we all know santa lives there but who actually owns the north pole? several nations are staking a claim and it is now turning into a major territorial dispute. trouble in the skies. why one airline is canceling dozens of flights right before christmas. it's a holiday tradition for many families even played out in memorable scenes like movies and this one but why? family fighting at the dinner table! how can you avoid it this christmas. we have some answers and it is all "happening now."