twitter. >> and surprising more calm than some of our guests on set. he is not phased. he came and laid down on the carpet. >> gena was coined enough to invite winston in. make it a merry christmas everybody. have a great day. fox news alert. thousands of americans may be racing to buy last- minute christmas gifts while thousands more are racing to sign up for obama care before the clock strikes midnight. i am gregg jarret in for bill hemmer. >> the administration is pushing back the deadline for coverage that starts january 1st. after a crush of last-minute visitors triggered traffic jams on the site. the administration said that healthcare.gov got 2 million hits yesterday. >> chris stirewal.

good to see you. >> it reminds me of the famous last scone of animal house and there is rioting and chaos on the streets and kevin bacon tanning, remain calm and all is well. all is not really well in obama care land, is it? >> well, yes, and no. it is well in the sense that in the end, the administration believes that they can rewrite the rules enough times and create enough and alter what they are doing. and by the time you get to march, they will stay that many millions and maybe not the 7 million they wanted, many millions of americans signed up and whatever is happening today. the administration can already write his speech declaring victory in obama care because enough millions of people signed up. that is not really material

right now. >> what may be material is consumer unhappiness. i checked with our brain room, just shy of 6 million policys were cancelled because of obama care. you have to do a multiple of three because of the people on the plan. 18- 20 million that lost their coverage and are unhappy over that and end up with exchange coverage that costs them more with a higher deductible and lose their doctor in the process, you are talking about doubly unhappy people, right? >> they are the guinea pigs of obama care. you are only talking five percent or so of americans. they were tossed off their plans outlawed under obama care and they would be urged into obama care. but 80 percent of the americans whose insurance hasn't been altered by the law, huge consequences are a head in 2014.

what is consequential for the president and americans, how does it work when you graph obama care in the system. it will not be favorable. >> the risk pool is thin. all of the insurance companies are saying that, not enough healthy people are signing up and places a greater burden and costs on the entire system and older americans and so- called death spiral. look, if insurance companies began to lose billions built in obama care legislation, is the taxpayer bail out, boy, how unhappy would taxpayers be if that happens? >> i don't know how they could hate washington more, but they might find a way. there is a provision in the law, a bridge loan for the insurance industry that partners with the president in crafting the law that they can have a pal aative

2 billion to dump in the industry industry. but the death spiral, people will lose their insurance or see premiums sky rocket. a politician would do anything other than that and enclude a bail out. >> the president said he want to change the health care system to help people. polling data shows that most americans were happy with the health care arrangements. >> they agreed with the president's idea and this has changed since obama care. but they agreed all americans ought to have health insurance. americans like that idea. it is christmas time. if they paid more maybe. but you muck up their insurance and go in and chaefrj the way their insurance works and their doctors and access, you have

a serious breach of trust beyond just sdoefing people. but fundmental he altered their lives and for a cause that is admirable perhaps but not worth it to middle-class americans that are going paycheck to paycheck. >> the insurance back lash is interesting to watch. it is a step percent error rates and the insurance companies are saying are you kidding it is 30 or 50 percent error rate. and the lawyers are telling them, you don't have to do what the president is telling you to do with these unlateral alterations. he has no right and authority to do that and they are ignoring what the president is asking them to do; you know the advice for a client. what would i do here? you would assume i think take the safest course and not expose

yourself to litigation. ten percent, that is a high rate. and that will not work. so you tell your client take the safe course and don't expose yourself and only do what the law demands and do what the a ca, affordable care act said not what the president says, that's the law. he's not, and that is the advice to give my clients. >> chris, thank you very much. >> merry christmas. >> at this hour. 150 u.s. marines are on stand by in africa ready for a possible deployment to south sudan. marines were transferred to the american base and prepared to be called up to evacuate american citizens trapped by the heavy fighting in south sudan. 100 americans remain in the

area. there is a discovery of a mass grave containing 75 bodies believed to be ethnic soldiers fouling the fears of ethnic cleansing. we'll look at the implications that it could have for the u.s. >> target announcing that the justice department is in on the investigation in the massive credit and debit card security breach. this as more than a dozen target customers filed federal lawsuits with some a cowing the store in negligence in failing to protect consumer data. the company apologized and doubled the number of call center workers. >> nsa leaker edward snowden said everything he was doing was validated when the media reported on the government surveillance programs. peter doocey.

>> edward snowden is living off ramen noodles and chips and his mission is accomplished and he has won because after leaking sensitive information about bulk data information, people have talked about the programs that no one knew about half a yearing on and society has a chance to decide if those programs really benefit the greater good. snowden said this. i am not trying to bring down the nsa, i am working to improve the nsa and working for them right now. they are the only ones who don't realize it. snowden believes that the nsa should be able to use the vast resources as long as they do so carefully. i don't care whether you are the pope or osama bin laden, as long as there is a individualized problemicable cause for targeting these people has legitinate foreign intelligence that is fine. it is not asking for a burden

for problemicable cause. you have to understand if you have access to the tools that the nsa problemicable cause falls out of the trees. >> the white white said mr. snowden faces felony charges here in the united states and should be returned to the united states where he would be afford afforded due process. >> he certainly has a lot of confident. >> ramen noodles and chips do that to you. >> a co american ally and one of the deadly attacks since president mohammed morsi was removed. making repears to the international space station. and no need to wait. you may be to score the best christmas deals right now.

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tracking santa live and follow santa's path and get up dates by phone and bock bock and twitter and e-mail. he is in the norad right now. they have been tracking santa since way back in 1955. >> we are lucky to track santa. speaking of the phone call, they received 14,000 phone calls wanting to know where he was. >> it was a mistake. sears took out a adand here is a hot line for kids to talk and call to santa and misprinted it and a colonel at norad was angry

at first but then he thought maybe we can pretend to be santa and help these kids. and it is a fabulous service for the kids. >> their loss could be your gain and according to the latest holiday sales and thanks to a spike in holiday purchases and old fashioned brick and mortar stores since the worst shopping season of 2009 and slashing their prices in a major wind fall and edward is a managing partner and joining us now with a look at what is going on now. and i was out in the malls yesterday and i am seeing signs for after christmas sales. >> first time shopping yesterday and didn't buy anything and doing that this afternoon. you are seeing them pop up everywhere and a little bit of desperation and talked to the stores i went in to and simply

asking how are sales going. we'll look at the numbers and you can tell the brick and mortars are hurting right now in a big way. >> it is the after christmas sales signs up already and a lot of folks are worried about what they are bringing in and not seeing the ref -- revenues. and a lot of folks may wait to the last-minute or after christmas and say it is still the holiday season, i don't have to give the gift on christmas day. >> i tried that before and it didn't go over well. i will be there buying this afternoon. and you are seeing huge discounts and they make a lot of money and they do discount 50 or 60 or 70 percent and tell you how much those markups are.

and even though the brick and mortar stores might be hurting and you are seeing them do real well. and my niece works for a company. and it is absolutely killing it and brick and mortar is not doing well. people are making the money this year and i got to tell you uma. it is pretty sad. more than 2009, we'll see well known stores, i can't say which ones they are going to be. they will closeup because it is hard to be in the retail business these days. some folks say it is the bad weather and others say it is a shorter shopping season. and folks don't have the money this year. it is the bad weather. and you will find a way to buy, okay. and on the flip side of that. thanksgiving is more than enough. alm i need is three hours and time period from thanksgiving and christmas, it is that people

don't have a lot of money and a great desire to spend it and there is not a lot of clarity on the economy and things are starting to feel better and people are apprehensive. they have inherent inertia and not spending enough money and so what is the forecast a head in 2014? what do you predict happening with the folks keeping it close to the vest and spending those dollars? still so much confusion to the direction of the numbers. it is a consumer price index and people say the cost of living goes up 1 or 2 percent and we'll find out. they know their costs go up to 8 or 10 percent a year. wages are tied to the cpi number and the cost this year versus last year and doing the same thing.

there is an eight percent deficit. it costs you eight percent more to live. that is the problem and i don't see that changing in 2014. things are better no question about it and until that happens, we'll see people hold on to the money for now. >> ed, thank you for your insights and merry christmas to you. >> we are waiting a decision by an independent neurologist and a judge assigned to the case of a 13-year-old girl that was declared brain dead and by what her parents say is a routine tonsillectomiy. >> and obama care, on a critical dead line. how this could affect both parties come 2014? >> the fact is, it didn't happen in the first month, for six weeks in a way that was at all acceptable and since i am in

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it's hard to describe, because you have a numbness, but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica.

don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain. >> a powerful explosion rocking egypt overnight if a police station north of cairo. and that attack killed a hundred and injuring others. egypt's army said the blast was caused by a car bomb and may have been the work of a al-qaeda group and they had threatened the military force 24 hours earlier. now the growing crisis in south sudan. 150 marines are being moved from spain to the horn of africa in case they are needed to evacuate more american citizens.

in the meantime un officials said they located a mass grave the latest prove of ethnic violence. and we have michael kay. happy it have you here today. is this the kind of operation that the state department should have ordered for americans and benghazi? >> it is. in the government part it is nonviolence evacuation and a civil contingency plan that the u.s. will have for each country that has a high threat assess am. this is what should have played out in libya and benghazi and when the safety for the lives is apparent. what are the american's interest in south sudan. >> it is a question of oil.

1.3 billion revenue comes to south sudan's government comes through oil. if there is unrest and pipelines are shut off that would affect china. and then china would go to the open market and access oil and pushing the prices up. i think it is a humanitarian side to this. you have rwanda and a serious legacy of the lack of special from the west in preventing this. >> and america was crit otherwised for failing to take action in rwanda. >> in south sudan you have refugee problem from the republic of congo and overspill from the wars. and there is a serious humanitarian issue that could escalate and the west should be mindful of preventing like the

problem we saw in rwanda 20 years back. >> as you point out, this is a region of the world that is always a hot bed of unrest and violence. >> it has. the central african belt and the north is plagued by political instability and department republic of congo and rwapda up in the northeast. and somalia and north of that, a long-standing conflict between ethiopia and not in libya. and what happen in egypt recently. it is a huge hot bed of social and political unrest. and the west needs to have civil contingency plans not only to prec their own interest in the west and civilians to operate professionally and domestically but have a soft impact in the world in terms of humanitarian

situations that play out. and beyond the uk and american and western interests, you know, these are country, we can't be the world's policemen, we can't financially afford it or the personnel to do it. >> there is a difference between what we see in the middle east and what not, there is a jihad serious ideologies going on which the west has to be careful about how it gets involved in the occupations. in africa it is a lot of tribal problems and the way it should be approached should be different than the problems we are seeing in the middle east and beyond. >> traffic control used in afghanistan and that was the rot of the member. michael kay good to see you. >> merry christmas. nmerry christmas to you. >> arsenio hall questioned by

police after he crashed his new porsche. >> and a license for pot? literally, the ss handing out licenses for stores to sell marijuana beginning on january 1st. and a special commemoration for a american milestone in face. with the same message the space hero uttered all of those years ago. americans sat riveted to their tv set. ninth orbit around the moon, this is what we said. for all people on earth. the crow of the apollo eight has a message we would like to send to you.

we are back and now is the time for a quick check of the head lines. attaches are plummeting in the country at this hour including here in new york city after the storm slammed in the midwest and heavy snow and ice and leaving tens of thousands facing christmas without heat. >> the white house is pulling robert ford after the objections in cairo. ford previously was u.s. ambassador to syria police say arssennia hall isoc

after driving his car off of the rod. they have ruled out drugs or alcohol. >> two american astronauts on the international spaes station are taking a rare christmas oaf space walk and wrapping up repairs to the cooling system. if all goes as planned repairs will be completed and a third walk unnecessary. phil. >> reporter: the space walk is about done. 30 more minutes to go and it is successful and unlike the previous two space walks that dealt with dangerous water in the space sought issues. today bone-dry in space. two american astronauts. rick and mike space walked six and half-hours at this point. and will end up doing seven and they are in the home stretch cloning up the work spaces. >> it is amazing.

hopkins grabbed a refriendlyingerator spare pump mod owl. and then they were swung to the other side where he used eyes and hands to guyed the module right in place. and in one of the disconnection, he noticed flakes of ammonia escaped and got on the space sought. >> we believe that playing it safe. we'll have to conduct a decontamination procedure for the crew before they are able to reenter the international space station. >> it will last ten minutes and short timing on nasa initiated a pump test. it went well. it will resume the all important cooling job tonight. space walk makes history and the

second christmas eve space walk and 45 yearsing on today. apollo eight crew around the moon and famous photo of the earth rising from behind the moon. 1968. and so the success of the spaes walk, nasa did in two and budgeted 2 or 4. and gregg, christmas was saved. >> courageous work. thank you very much. obama care popularity is hitting a all- time low. a new poll finding 35 percent of the people supporting the health care law. johnathon, republican strategist

and director of communication for american cross roads and david mercer and finance director are joining us. gentlemen welcome. great it see you again today. i want to throw up a poll that fox news conducted in terms of the law being repealed. and take a look at. this compareed to july. you can so a majority of people still maintain that the law should be repealed and keeping the law in place is 41 percent. and a lot of folks are upset with the way this things are handled with the website and along with a long- term impact of what the lull could mean for many americans. where did you see it going. >> nancy pelosi said we have to pass it before we know what is in it. it is more unpopular than ever. and schopercent of the people

oppose the law out right. and it didn't get into the question of do you support dismantling the legislation piece pie piece. and those numbers are 65 percent coa lugtion of the republicans and independents and democrats. support a piece by piece. i don't know how long the democrats can stand opposed to what the americans want especially in a election cycle. >> we are hearing that more people are enrolling for health care coverage via the website. if those numbers get better, what does it say in terms of perception? doesn't perception trump the reality in a time when so many news reports are coming out with the problems and overall impact of obama care? >> that the hope that perception turns into reality. we have 20- 10 and 12 that the

gop's efforts to take over the majority of the senate based on obama care did not work and it is not going to work for the third time in a row going into 2014. as you mentioned uma, millions more having access to health care and experiencing the benefits that john and others fail or will not acknowledge and recognizing whether it be those young adults that would not have health care or can get it on their pafr parent's or preexist conditions now get it. they are going to the polls in november of next year and you will see the success of obama care as well as the democrats maintaining the majority. >> the program depends on the young and healthy signing up in big numbers to make it work

effectively. johnathon if we don't so those numbers improving what happens this? >> they need the young people in the program to subsiddize the coverage. a lot of the benefits are overblown. in kentucky, for example, all of the people trumpeting how well will worked. 75 percent are not in obama care but in the state's medicare program that is not obama care. it is not what your average voter in the middle cares about. harry reid is playing an unkind game with the colleagues. he will not allow the bill to be debated on the floor of the senate. if you are a democrat and representing the red state and up for a reelection, there is not anything you can point to, to the constitients saying we have to scale it back a bit.

>> david, the fact is, if you don't so more improvements in the future, we are hearing more reports of the democrats defecting and they don't want to do anything with obama care going forward. are you concerned about the defections in the 2014 elections? >> not concerned personally and i don't think democrats are. they are united in making obama care work and addressing the fixes to see it through to final implementation and with regard to john saying that we overblown the benefits, that may be john's perception of it, but there is a lot of people getting access to affordable care and that is a alternative to what the republicans have to offer. >> we are out of time. this is a debate we'll be watching for sometime and keeping close tabs on how it

plays out. >> thank you, uma. >> colorado's state handing out throw hundred business license to marijuana retailers, growers in testing facilities. they have to receive local approval before they open and when they do, marijuana products will be solid with a 25 percent tax on top of the 2.9 percent sales tax and other local taxes. >> new details in the case of a teenager declared brain dead after a surgery. >> what the federal judge is ordering the hospital to do as the family fights to cope their daughter alive. >> she's on the ventalator and not touch her. that is a victim for me. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®.

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time to check in with gretchen carlsson. >> hi, guys, merry christmas, january 10th is the new dead line to pay for obama care on the exchange. california and vermont have earlier dow dates. that is mass chaos. and a new poll said that christmas has less religious meaning than ever. and guess who says fast-food makes you fat. mcdonald employee resource website. back to you guys. >> thank you very much. >> and an independent examination underway of a 13-year-old girl who fell, well, initially in a coma and brain dead december 7th and declared brain dead after a surgery. she has gotten worldwide attention as the family fought

the california hospital who wanted to take her off of the ventilator after declaring her brain dead. she will be ventilated until at least december 30th. >> i feel she is wanting to scream out and tell me something. i let her know. i will them take her out. >> we want the world to pray for her. it is a holiday season and 75 percent of the world believe in miracle ands believe this is the day on christmas day, christ was born. and so those 75 percent of the people in the world that believe that pray with us. >> and joining us now with more on the legal fight between the family and the hospital. marla, and david, david, let me start with you. because you are a california lawyer, and look one can question the timing of the

hospital as being inappropriate and insensitive. but under california law, they have no legal obligation as i read the statute to get permission from the family to relieve the girl off of the life support? >> yes, as a matter of fact, they have a legal obligation to make post mortum arrangements. it is a tragedy and who can put the place in the place of the parents. but once diagnosis is brain dead the person is gone. and the insurance carrier is reloved of paying for the care. the parents will have to foot the bill. i am glad the judge hired a expert to make a final diagnosis. but it looks like she is brain dead. >> the family is asking that

a controversial toledo doctor to be brought in an evaluation. he consistently testified that people who are brain dead are nevertheless are not dead. and so what does that do to the case if that doctor is brought in? >> it makes it controversial in the sense of whether the hospital has that legal obligation to keep her on the legal ventilation. if they say she is brain dead. the controversial doctor will muddy the wases. it will go to a ma lpractice or argue whether or not she was brain dead and who has the liability and who pays for the cost of her on the ventilation system. and to have a expert. i don't know if the judge should do that. the judge should meet the parties in the middle and

allowing the family to have an independent expert that is reloyable and that expert agreed or disagreed and the judge should make the decision that point forward. >> being brain dead is different than being in a coma or a percestent vegetative state. terry shiefo was kept alive on a feeding tube and had brain activity. >> yes, in the terry shivo a small chance of arising out. but if you are bring dad and bodily functions are kept alive by medical machinery and the doctors are telling them that. and the problem, gregg and make its tragic, when she does pass away there will be a medical malpractice suit. and the massive amount of pain and suffer they can collect is

250,000 and they want to be reimbursed by the hospital expenses. if they insist she is kept alive they can't be reimbursed. and the hospital said it was complicated. i am sorry, that is a tough one to sell to any jury. this appears to be a negligence on the part of the hospital. you don't have to prove the negligence, it is assumed. >> i agree, gregg. it is negligent and talks, and normal procedures is not an invasive surge row and something i have had done myself. the hospital has a standard to meet and they failed to meet the standard and a jury is not going to find that a 13-year-old would

need to go through this because of the hospital negligence. >> marla, and david, thank you for being with us. >> merry christmas, greg. >> thank you, you too. >> and christmas celebration in holy land are well underway. >> and we are going to go there live. coming up next. what a beautiful sight that is. >> that is amazing. ♪ santa claus is coming to town ♪ ♪ you better watch out you better not cry ♪ . . . . . . . . .

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christmas sell blagss celeb the holy land are now in full swing.

>> full swing is right. manger square is packed. i'm going to step out of the way and you can see that it is packed with lots of people in christmas caroles in english and in arabic. people are starting to get ready for the mass at the church of the nativity. they led a long procession marching into bethlehem. that is the famous road that leads into bethlehem. christmas is a special place here. there is santa claus. the highlight is the christmas eve mass tonight. they are expected to offer prayers to the conflicts and a lot of the under writings have been paid for by the government.

part of the effort is to build a state for the economy here. the hope is that beth llehem wi become a place where people will come and spend the night and visit as part of an effort for the economy. right now it is a place where visitors come for a few hours and check out the church of the nativity and then leave. they hope it leads to a place in palestine. >> it is a very special place. it is amazing to see that close up. >> going down into the main jng and what is a crawl space. >> we have a special christmas message for you.

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♪ christmas moon is shining brightly ♪ >> astronaut and american space hero james lovell helping celebrate to reinact the 1969 christmas time broadcast from space and reading the same reflections he shared with the world 45 years ago. and from the crew we close with good night, good luck, merry christmas and god bless all of you on the good earth. >> his crews circled the moon ten times on christmas eve.

that incredible flight that was almost lost. merry christmas to you as well. to all of you from all of us here. thank you for watching. >> the real story starts right now. >> thanks guys today. so is another obama care disaster looming for us in the new year? >> new poll says americans see less religious meaning in the holiday. what about the charges against the bikers who allegedly beat up the driver of that suv. and mcdonald's employee warning fast food can make you fat. merry christmas. thank you for joining me on christmas eve. the last minute rus