of 20113. don't want to miss that. you are off to vacation. >> i am to canada this afternoon i will be here. kelly and your service. more "fox & friends" for the after the show show, have a great day. gregg: confusion or obamacare could be about to enter new territory. americans who rushed to sign up in the last few days could find out they are not covered at all as they go to the doctor in the new year. jamie: you know you are not covered unless you first pay your insurer and they have to accept your payment. the deadline to pay like the one we saw signing up has become a moving target. gregg: many of the state-run

exchanges have their own deadlines to deal with for first payment. some may have more than one. elizabeth, what about the deadlines for payments to make sure you have insurance? >> reporter: payment dates can vary, leaving many uninsured. the administration announced customer who ran into technical problems could still buy coverage. but then comes the next set of deadlines, when to pay. many health insurers are getting people inshoes by january 10. >> it makes an already chaotic situation chaotic. if there was one deadline instead of having people thinking they have more time

than they have. >> reporter: are the young and healthy people signing up. gregg: what about taxes. >> reporter: people enroll online but when they get their actual bill it could be more than they expected. also when people start getting bills they may have extra line items. new fees will be on every health plan. one insurance company call it affordable care act fees and taxes. president obama is vacationing in hawaii and appears to be staying away from any politics on his vacation he he subsidy will not on cover the possibility of taxes, but pay a big chunk of this premium. >> the vast majority of people

will experience knowing their family will not have to go bankrupt just because somebody in their family gets sick. >> reporter: but some people are experiencing sticker shock, up to $200 more annually than they expected. jamie: another obamacare head ache. middle class families are finding themselves priced out of coverage. they make a little too much to qualify for the federal subsidies the president has been touting but he couldn't take advantage of them either. some states aren't offering the plan the president signed up for. so if you can't get that plan and don't qualify for subsidy, what can you get?

>> over half of the counties don't have them. you have four tiers of plans. the platinum, the gold, silver and bronze plan. some people may be force nod go up to the silver plan with a higher premium but lower deductible. or some may be forced to go the catastrophic route. a lot of the insurance companies by order of the president himself got rid of those sub standard plan and said it would be too hard to put them back into place. we should note those catastrophic plan were bare bones. jamie: a lot of people are asking the question of deductibles. there seems to be so much confusion about signing up, what you can afford, what you will get and whether you are going to be covered. people don't still understand what all this is about.

>> it's going to be hard to understand it because these are shopping places. just by virtue of the fact they have all these plans on there means they are all different. there is no universal plan. for the most part these bron plans -- the insurance companies will pay 60% of your healthcare. so yes your premiums are low. but when it comes time to go to the doctor. for a single person you are capped at $6,000. but for a family, if they are sucking you won't go into bankruptcy, that would bankrupt a lot of people. it's a catch-22 any way you look at it. it's only got be more confusing, not less confusing. jamie: several times the white house has been asked, even by fox news, what's your plan b. it seems to be getting closer

and closer to a possible implosion. there doesn't seem to be a plan b. the white house keeps saying plan a. how close are we to this plan working when january 1 comes and people go to the doctor and they will be getting surprises about not being covered. >> they will get sticker shock from the quote-unquote affordable healthcare act. and more taxes kick in next year including individual mandates. ego and ideology is driven by a lot of this and it's not going to go away. right now it's a patchwork of fixes. we have had redeadlines. that march 31 deadline i expect to be moved. if they were smart about this and honest with the american public they would probably push

the whole thing back six weeks or longer. jamie: they are moving targets. it's so hard to keep up. charles all the best to you. >> the day after christmas santa's helpers are hard sat work after ups and fedex are trying to play catchup to deliver thousands of packages that didn't make it under the christmas tree in time for christmas. ups is bringing in extra workers to try to deliver those packages by today or tomorrow. shipping companies apologizing to their customers saying high demand they didn't expect overwhelmed their system. jamie: the trouble keeps troubling up for target. according to reuters, 40 million people, also got their hands on

some pin numbers. target is denying the report about the pin numbers saying there is no evidence they were stolen too. banks have taken the step of lower daily credit and debit limit just in case you could get a shock when you go to the atm. fox news alert. a 72 american kidnapped by terrorists in pakistan now appearing in a new video. he's bleeding the administration to negotiate with al qaeda for his release. >> that washington man who has been held by al qaeda in pakistan for nearly 2 1/2 years appealing directly to president obama to win his release. the video shows the 72-year-old international development expert

wearing a track suit and woolen hat and sitting against a plain wall with the yellow production mark of al qaeda. he's telling the president you are in your second term which means you can take actions. weinstein says he feel totally abandoned and forgot be. he says he's suffering from a heart condition and asthma. he he the years have taken their toll. a spokeswoman from the state department he we reiterate our call that warren wine sign -- warren weinstein * be released and returned to the family's.

he was kidnapped in 2011 and the last video he released was in 2012. he was a contractor for the agency international development at the time. he said his captors have agreed to let him have visits from his family if the u.s. releases unspecified prisoners. jamie: tens of thousands of families in america remain in the dark. an a cold all through the christmas holiday. gregg: new developments in the case after man accused of going on a deadly shooting rampage at one of america's deadliest airports. the administration is playing catchup. what this says about the lack of confidence and uncertainty that so many americans have about

healthcare. wout of landfills each year? plastic waste to cover mt. rainier by using one less trash bag each month, we can. and glad forceflex bags stretch until they're full.* so you can take them out less often.

jamie: the grand jury in l.a. has indicted the lax shooter. a u.s. attorney spokesperson says it's likely ciancia will be given a trial date today. we'll keep you posted. gregg: it's been a week of slipping deadlines to sign up for coverage. the administration is admitting it still has a long way to go in making a dent in the uninsured and luring the younger, healthier consumers to make the

economics of obamacare work. allen colmes. let me start with you. people are not signing up the way the white house wanted and predicted. but maybe the reason is underscored by the cnn poll that find 62% of americans are opposed to obamacare. itr maybe it's the case that people wouldn't want to participate in something they oppose. >> not all conservatives which i find interesting, and we are seeing more and more people surging in the last few days. for every day that the website was not up and not working properly they should have extended the deadlines to make sure that as many people are in the system when it began as

possible. gregg: the president keeps changing the law. he made a dozen major alterations to it this year alone. now all the deadline changes. does that tell you, a, he's desperate to get more people to participate, and b, he may be add together anger, frustration and chaos. >> there are problem a number of people saying i don't have to sign. a lot of the people signing up are technically part of the obamacare but they are in the medicaid side, not the exchange side. the exchanges are still under funded because they are under funded. and remember this is a tax according to the supreme court. so now you are opening up the federal government to lates for

giving exem -- giving exemptions. gregg: what's going to happen when people start showing up at doctors and hospitals. isn't that also just going to add to the chaos? >> people will know if they signed up or didn't sign up. so if you didn't sign up, you are not going to go to a doctor having not signed up and expect they will have a record of you. gregg: i have news for you, alan. that's exactly what's going to happen. >> in blue states where there are democratic governors and legislators where they enacted the exchanges you have had more signups and more success. those red states where you have less participation and less

cooperation, you have had a lot more difficulty with people signing up and fewer choices. so you see more states that participated in the affordable care act. >> mama maryland and hawaii and new york, maryland has become a campaign issue because it's been such a disastrous rollout. there are people hole go to the doctor because they signed up. the problemsr are on the back end. they are not processing through to the insurance companies. >> on the back end, alan, the white house saying we -- we are at a 10% error rate. insurance companies that's utter nonsense. a 30% to 40% error rate.

i take issue with your argument that people are going to have coverage when they show up at their doctor. >> conservatives are so invested about this not working they are still beating the drum. gregg: you said conservatives. the white house admits 10% error rate. >> any big program like this, now, you go and try taking that away, you try taking that away from americans now and see how politically successful and popular that is. >> if only we had happy thoughts it would work. >> i was talking about a historical perspective. >> maybe i'll give you some percentage of the profits. gregg: thanks very much.

>> a presidential panel finding there is no wrongdoing at the nsa. still there are calls to reform surveillance programs. we'll talk to southern general michael mukasey who says the options are unrealistic. gregg: the government labels the muslim brotherhood a terrorist group. ♪ [ male announcer ] at progresso, we lieve the second chapter of your life should be just as bold as the first. try the new bold flavors of heart healthy so from progresso.

gregg: pakistan blaming the united states for a drone strike that killed at least two militants late wednesday night. the american drone program

extremely unpopular in pakistan which accuses the u.s. of killing innocent civilians. the united states denying those claims. jamie: it took me by surprised when in egypt the military-backed government declared the muslim brotherhood is declared a terrorist organization essentially make all its activities illegal. how will all this affect u.s. interests in the middle east? i have a feeling significantly. which is why general jack king has been called in, a former chief of staff for the u.s. army and fox news analyst. thanks for joining us here in studio. since 2011 when hosni mubarak was out of power.

the muslim brotherhood played a significant role. they won five elections, and now they are all considered part of a terrorist organization. what are the implications in egypt? >> the military regime has been in power since morsi was removed. after they witnessed the muslim brotherhood controlling the country and moving it to an islamist state the people of egypt did not want that. the military where he jeep believes they are answering the clarion call to people by suppressing the muslim brotherhood. that's not the democratic values we hope to in this country. they correctly identified this as a stunning blow to them. any member of the muslim brotherhood could be arrested. jamie: prosecuted and even

killed. you don't expect them to say no problem and walk away. do you expect more protests and violence? >> there is a part of the muslim brotherhood that will wait for another opportunity. but another part of the muslim brotherhood to the right are rad calculate and they are already planning attacks and this will grow in the size and scale. jamie: the only ones who will benefit from this will be radical islamists. >> i don't see them benefiting. the major problem is the sheer depravity of life. the majority of people in egypt are living way below the poverty line. maybe the arab spring when they took to the streets? it was about economic tint and social justice and political justice. the radicals are going to push against them politically to be

sure. jamie: we offer support to the country. if the military government is going in this direction, where do you see our support and our money going. we are going to try bills support the military government even though they have taken a stand against the muslim brotherhood and egyptian people? >> this regime is the only hope of stability in egypt. i believe money should not be iewn that rattlely given -- should not be unilaterally given to hem. i thought that when mubarak was in charge. jamie: what would be your message to congress in terms of allocating money to countries that are not yet stable. >> countries that are clearly not acting in our interests like pakistan. they are as much of an enemy as

they are a friend. all of our assistance to them should be based on what their behavior is and accommodating the changes they should make. that's what we should be doing and not just give them a free hand. >> i think a lot of people agree with you and thank you for coming in. retired four-star general jack king. thank you so much. gregg: ice storms are alcohol edging christmas cheer as tens of thousands face a bone-chilling day without electricity. we'll have a live report. jamie: a presidential review panel made recommendations saying go ahead, overhaul nsa surveillance programs in spite of not find any official wrongdoing. i'm overhe hill. my body doesn't work the way it used to. past my prime? i'm a victim of a slowin?

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jamie: tens much thousands of americans facing another freezing day without electricity after spending christmas in the dark. widespread sighs storms knocking out power across the midwest and the northeast. they provided unsafe driving conditions further delaying those christmas packages that didn't make it under the tree in time. what's the latest on the power

outages? >> reporter: it has been a particularly bitter cold christmas for those without power and it doesn't look like things will be back to normal for a lot of folks. downed trees continue to be the biggest problems facing crews. at one point utility in michigan reported 105,000 customers without power while those in main reported 36,000 without in canada. families were forced to pack up holiday gifts and get to warmer places, that meant family and friends and shelters that had heat. wish lists were changed to more practical requests. bring back our power, please.

the frigid temperatures are expected to keep ice from melting off the power lines and tree branches which could create morris cans for outages. >> you have got to think about it. no heed, that's unsafe. every one is trying to stay warm. what's been reported in terms of injuries and god willing no deaths? >> there have been 27 deaths reported and blamed on this ice storm. the latest number shows 17 in the up s. and -- in the u.s. and 10 in canada. we have a picture sent into us from our fox news anchor chris foster. he said no power meant no warm holiday meal. public officials warning to be careful with those generators.

the carbon monoxide and fire hazard. jamie: definitely the time of year that's a great warning. everybody stay safe. gregg: the president's panel find no official wrongdoing occurred in the nsa sweeping surveillance practices. the president suggesting in his news conference he may do precisely that. will it be a mistake. former u.s. attorney general michael mukasey is here with us. before that he was a federal judge and handled terrorism cases. would it be a mistake for the president to make some of these recommended changes, especially about the metadata telephone collection? >> it would. telephone ma a data is the one

jut ward looking tool and -- outward device and tool that we have, foreign numbers we know that belong to terrorist or whether they have been called by domestic numbers. for him to start messing with that is a big mistake. gregg: you point out this one line from the president's panel. we have not uncovered any official efforts to suppress dissent or any attempt to intrude into people's lives without legal justification. what about unofficial efforts or maybe the pnl did not discover intrusions that exist. >> what they said what is essentially, any violation of the guidelines was inned a ever ever -- was inadvertent. this is a classic violation of

if it ain't broke, don't fix it. gregg: it would appear a federal gouge richard leon, a republican appointee, he's the first non-fis sarks judge to rule on the constitutionality. he he it's likely unconstitutional. he he surely such a program infringes on that degree of privacy the founders enshrined in the fourth amendment. he says james madison would be aghast. here you have a judge saying it's an intrusion saying it's no evidence. >> whether james madison would or would not be aghast, i don't know. we group on the same block but i didn't know him. when somebody starts to challenge one of the founders

instead of making logical argument, you know he's on weak ground. gregg: , the judge saying it's an intrusion. hamilton saying there is no intrusion. >> i think what is bothering the judge is the potential for intrusion. if somebody took my metadata and yours they could focus on that without even knowing the content of the conversations. now, that potentially could be done. but it's never been done. it's not permitted to be done and there is no claim that it is being done or is on anybody's list of things to do. gregg: the obamaed min straition he it's a very useful program. judge leon said -- our review

suggests the nsa collection program was not essential to collecting the data. >> they are talking about preventing an attack if it's imminent if the only shot that counts is the shot of the buzzer, there were a lot of shots before that. they found they did prevent attack and they were useful in investigating groups that were intent on making attacks. gregg: i know you saw the "wall street journal," the front page. a 30-year veteran. he said the agency is absolutely drowning in this metadata. he calls it useless data which harms their ability. let many put it up on the screen. what they are doing is make themselves dysfunctional at the nsa.

>> i think we are talking about more than metadata. when they get a particular telephone number to compare it to. drowning in information is a distinct possibility. that was not addressed by the panel. that requires prioritizing what you look at and why. >> it was last summer the president publicly stated this program is fine and we have struck the correct balance between security and privacy. now all of a sudden he seems to have changed his mind. he's wowing to public pressure and public opinion? >> i can't get inside his mind. but this panel spent only one day at nsa. if you look at the list of private entities. the ones that have agenerals today, virtually all of them

have agenerals today opposed to this program. >> former attorney general, former federal judge michael mukasey, thanks for being with us. jamie: new concerns about what would happen:obamacare were to fail. the deadlines have been extended and the call centers are working overtime. some critic are even warning now of a projected bailout for insurers. we'll have details next.

jamie: amid all the shifting obamacare deadlines and call centers staying open to take new ebb rolleeses before january 1, big dead lines.

what happens if obamacare completely falls apart. could we see a bail just insurers some critics are project? could this be an opportunity to build an alternative to obama care that works better. guys, welcome. great to have you here. could this be an opportunity republicans have idea and alternatives for them to develop something that works better? >> absolutely. it need to be. one of the accusations the president likes to hurl is that conservatives and republicans have no alternatives to obamacare. all they are doing is sitting back in the peanut gallery and complaining and griping about the law. that just isn't true. there is a plan put together by congressman tom price who is a medical doctor. them have written about how to

cover folks with preexisting conditions'. maybe you don't put together an actual bill that the democrats can attack. but you lay out principles like portability, affordability and addressing people with preexisting conditions. jamie: how do you feel about that? a bipartisan reevaluation to couple with something that is more user consumer friendly and also helps doctors as well as patients? >> i couldn't agree more. guy is exactly right. if the republican party goes in the direction guy is talking about and add cross-border insurance purchase so we move past the ridiculous notion that new yorkers can only buy insurance in new york versus the other 49 states we'll be on much firmer ground. bottom line, the law is not work. we should have a bipartisan fix.

we should do it sooner rather than later. jamie: are democrats going to listen? >> bottom line, i think they are doubling down on this law. i think the president is and i think they will feel the impact in the mid-term elections. >> even looking to 2016. a lot of people say it's too early. but hillary clinton had a healthcare plan and there is some buzz about her making an announcement she wants to run for president. i want to ask doug. what do you think her idea would look like as a democrat? >> she talked about in her ownts about regional understand purchasing. so her problem is that she has got to stay close to the president because of the democratic base. at the same time she and president clinton understand unless they are able to do what guy was describing she'll have a

much tougher time getting elected. jamie: how close is this plan to imploding? >> it will unravel in the next couple years? am i saying it will completely chance? not necessarily. though i think the democrats, they have had the long game they have been playing which is to get us to a single pair government-run healthcare system. i think their goal was to have obamacare go relatively well and they would come back to table with this government-rub solution because that's typically their solution to most things. them have unfortunately from their perspective really injured their own credibility because how quickly obamacare has unfurled and collapsed at least in terms of public opinion, based on all the promises they made. for them to come back and say never mind, america, let's give

the government even more control, i think they would meet with fierce resistance if that try that anytime soon. >> thanks so much. interesting discussion looking ahead. take care. gregg are new york's top cop saying good-bye.

gregg: it's the end of an era in new york city and ray kelly's commission coming to an end in just 10 days.

he created one of the stop security forces in the world. you spent 50 years in public service. >> reporter: he's credited with drastically reducing crime. but authorities question the stop and frisk policy he endorsed. giving cops more leeway stopping people and is from -- and frisking them on the street. >> i think it was blown way out of% portion it was done to a certain sense in a political campaign. in that sense it worked. it was effective for candidates. the candidate is if policy you put in place that reduce the number of guns on the streets and reduced the number of

shootings and deaths, if those policies change does that mean there will be more guns and shootings and murder? >> i don't know, it's clear nobody wants more guns or murders, i assume the administration will do everything they can do to continue the trend that's going through here. >> reporter: kelly's replacement bill bratton says he will continue the policy. kelly's department helped stop 16 more terror attempts establishing one of the most important terror resistance programs in the world. >> we'll wants to here and hurt us because it's the communications and financial

capital of the world and we have to remained vigilant as we go forward. >> reporter: does it worry you that someone else will be making those calls and not you? >> not at all. report report he says he's ready to take his first vacation with his wife in 12 years. >> that's amazing. we wish him well. jamie: i happen to know she is excited about that. he has worked so hard. a developing story on obamacare. there is a lot of confusion for people signing up. if you sign up what can you look forward to january 1. you think you have coverage. lots of folks left in the lurch. we'll explain next. ♪

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>> one more chance. gep and again. if you tried to enroll for obamacare but couldn't because of problems with the federal website well you can file an appeal beginning today. welcome to a brand new hour of america's newsroom. i will greg in for bill. >> and i am jaime in for martha. you would think there wouldn't be anything else to talk about with obamacare, but there is. the white house wants to help anything who couldn't sign up in time saying they will consider appeals, but only on a

case-by-case bases. insurance companies are scrambling to adjust their plans. and people are signing up for coverage that is six days away >> the date was the 15th. then it was monday, then tuesday and now we don't know. >> byron, we are looking for answers. january 1 comes, they don't know if their payment was accepted. they don't know what their coverage is. everyone i hear from doesn't know their deductible. what will it look like? >> no one knows. the since all of the problems with the obamacare website, the administration has been impro s

improvisi improvising and what they have done is ask the insurance companies to be easier on people who think they have insurance starting january 1. some insurance companies have said if they receive payments by january 10th, they will consider that retroactive to the first. others say january 15th. and others say not retroactive at all. after the first of the year, people that require expensive health care treatment are going to find out they may not be covered. >> let me ask you about the group of people i feel have been overlooked and those are the people who don't have jobs or money to buy even the bronze

plans which are not even available in every state. and they go into the hospital for serious illness, who pays for their coverage? >> it would be just like what happened before the affordable care act when people went in and had serious illnesses. it was the system that the affordable care act was supposed to remedy. it doesn't appear there is going to be change in that. >> so much has been on fixing the website that young people should sign up because that is a key element to the plan because if the young people don't sign up the cost of insuring the

elders will cost too much. >> remember seven million people had to sign up by march for this to work. when it was clear this wouldn't happened, you saw advocates saying four million even would be okay. we have heard a large percentage, 40% maybe, have to be young and healthy to make it work. it doesn't look like that is happening. >> they are already moving the goal post. the plan hardly looks like what it was when it was first past. what do you think about the bailouts of the insurance companies? will that happen? >> it absolutely will. it is written into the law. there is something called risk corridors that insure if an insurance company ends up paying

more in benefits than premiums the federal government will bail it out and make it good. it looks like we were entering a situation in the first month of january they will be in that situation and it will be the taxpayers making up for that loss. >> that does seem like it could be our reality that it could be all of us. thanks for making us aware. >> surprisingly good news on the economy. the number of people applying for unemployment is down to 338,000. and many experts point to this as a sign of fewer layoffs and an improving job economy.

>> ups and fed-ex is coming under fire after unknown packages were not delivered on time. both are claiming they had to deal with an unprecedented amount of last-minute orders. we will talk about what the companies are trying to do make it up. >> egypt is cracking down on the muslim brotherhood. well the military-backed government is now listing the group as officially a terrorist organization in the wake of

bombings. is it believed the brotherhood is behind these attacks? >> egypt is violent and it isn't clear who is behind any of these attacks. there are a lot of groups that would launch attacked against this government. but they are blaming the muslim brotherhood for every acting of violence in egypt today and for the last year or so. a device went off near a public bus and injured five people. it went off in a neighborhood that is a muslim brotherhood stronghold. an independent al qaeda linked grouped claimed responsibility for an attack yesterday at a police station that claimed the lives of 15 people. the muslim brotherhood has been lifted as a terrorist

organization. >> where does the muslim brer brotherhood stand now? >> remember, they won three different elections including the presidency and the former president is still in prison and with this new terror title means anybody connected to the muslim brotherhood can be arrested and tried. and likely this increases the divide between the religious groups in egypt and also the secular military. and the united states wants a democratic and stable egypt. it isn't clear it will be either any time soon. >> thanks very much, conner. we have entered a new

chapter in the marriage quality. utah is headed to the supreme court to appeal the ruling. county clerks, are they clear what they are allowed and not allowed to do regarding gay marriage? >> they are not clear. but they have been instructed by the utah attorney general and the governor's office to comply with the law. as of christmas eve, there were still county clerks that were refusing but that might change today. utah's attorney general is going to the highest court in the land while it is going through a separate battle in which a federal judge ruled their ban on gay marriage is

unconstitutional. the 10th circuit court ruled against the state. >> we were thrilled. i had a feeling the 10th circuit would decide to us. >> there is no place for discrimination in utah and the courts are making it clear. >> the petition will go to the justice who oversees utah. >> what would you expect the timeline to be? >> it could come quickly, but there is no deadline. the justice can make the decision on her or own or refer to other justice. the state can request it go before all of the justice. legal analyst say it is hard to say where it will go.

>> i don't know if you can make anything from this other then them saying gay marriage isn't causing harm to the state. >> we will let you know once we get word from the supreme court. >> tens of thousands in america remaining in the mark. they have been in arctic cold all through the christmas holidays due to a massive winter. when can they get relief? >> i hope that is soon. and we will talk about a legal showdown that is going on. a teen who goes in for a routine tonsil surgery declared brain dead and her parents fight to keep her on life support. >> what is the strategy for the gop in 2014? there is a newness message from

the party. we will tell you about that next. tonsillectomy jahi mcmath

>> tens of thousands of homes from michigan to maine still without power all the result of an ice storm earlier in the week. it knocked out power for families who did their best to take to in stride. >> normally we have hot chocolate and watch movies. we want to go home now. >> christmas pj's with an overcoat isn't the look she is waiting for. the utilities are warning sh areas will not get their power restored up till tomorrow. -- some -- >> top republican and business leaders in the community are moving to reunit the party as they gear up for the 2014 elections. they want to end all of the

fighting and present a message in hopes of a better chance to win control of the united states sentate. nothing wrong with being idealis, but it is faulty unless yuck you can turn them into practice and that is gaining power through elections. is that what is happening here? >> the 201 primaries were a disaster for the republican party because there was in fighting and that was playing right into the democrats' hands. there has to be a mindset of what that is going to be. boehner has ripped apart the far right of the republican party and he is trying to bring everybody to the center and have a central message.

the far right isn't politically correct because they have to find a way to win. >> mike lee has been the sidekick of ted cruz. lee seems to have done what the wall street journal says is a stark turn around and a positive image to top the perpetual no. >> absolutely. that is how the democrats run against the republicans saying they are the party of no. he is projecting something positive and something they want to do. the people who determine the elections in 2014 and 2016 are the independents. they want to hear what are you going to do. the democrats remember saying they don't have any alternatives

to obamacare and there is about 15 out there. same thing with the economy. the republicans have to come together and get one message for the economy. >> people should look at the finance professor article in the wall street journal john cochrine wrote an impressive alternative to obamacare. in order to get more centralist and appeal to people in the next election, are they pushing for child tax credits, flex time and hourly workers, would that help working families? >> without question. a lot of that will appeal to show they are trying to help everybody not just the rich because that is had image that has been protected out there. anything they can do to get

yeses out there. it will not help the economy, but it will help get votes. any tax credits or anything along those lines is spot-on. >> perhaps there was a sunny day for the gop into the shutdown. maybe they learned ideas were great but politically it didn't help them. >> exactly. >> ed, great to see you. happy holidays. >> obamacare. we are still talking about it. we are only days away from kicking in. january 1 is the big date. but will everyone who tries to go to the doctor with their insurance be covered? will there be more problems with the rollout? >> and target shoppers, a new

report shows those who had their credit card stolen maybe in far more danger.

>> her family is on vacation in hawii but americans are not getting a break with obamacare. there are now concerns over security and effectiveness. doug is live from hawaii. i wanted to ask you about the

rollout and state exchanges. >> take hawii, this island paradise has seen a lot of trouble when it comes to the rollout of the exchange. carol andrews who is the director had to stepdown after the failed rolled out. they received $2 million to set it up. website was $53 million. cgi was the contractor. and they were said not to hirethem because they botched a website. only 257 people have coverage from the exchange. oregon's story is similar. a lot of people that signed up

began receiving robo calls: >> if you have nut heard from us 23ered it is unlikely your paperwork is going to be processed for january 1st coverage >> that after the governor said they would be receiving their service on january 1st. herald stanton is one of those people that received a call. >> the governor should have been aprized of the situation and if he wasn't shame on his aids. and if he was shame on him for not listening to them. >> oregon hasn't been able to sign up anybody electriconica y electriconically. >> maybe it is a sign of things to come. in the blue state of mary land are we seeing our first democrat

on democrat feud on the glitches of the obamacare website? >> we are. doug who is running for the governor in the state he called the state's rollout like a skit out of saturday night live. fewer than 4,000 people in the state of mary land have signed up. he is a democrat as is the states governor who is also a presumed presidential candidate. too early to tell how it will shake out, but it doesn't bode well. >> thanks, doug. >> ups and fed-ex have nothing on santa's reindeer. their excuse for failing and what they plan to do. >> and the potential contenders

for the white house. pp ÷ó

>> welcome back, everybody. if you were expecting a delivery in time for christmas know you were not alone.

ups and fed-ex is playing catch- up. what are they trying to do? >> ups is going to offer $20 gift cards and refunds to customers who failed to arrive. the refunds will cover shipping charges. ups shutdown a statement on christmas saying it experienced heavy holiday volume and the volume of air packages exceeded the delivery system. fed-ex said they were sorry for the it lays. ups shipped more than 132 million packages during its peak the seven days before christmas. ups shattered their records on monday. the company in kentucky expect today process 8 million packages

on december 23 and had several planes ready to play. didn't appear to be enough. amazon is going to review the performance of the delivery companies. we just got an official statement from amazon. the customer orders are tendered to delivery carriers on-time for holiday delivery and we are review the performance. >> they are pointing fingers? try telling that to a child who doesn't have a present under the tree. i am gld they were what happens

today. greg? >> the family of an oakland girl who was declared brain dead after a routine tonsillectomy is trying to decide their next move. this is after jahi mcmath was ruled her condition was

irreversible. the hospital is ruling they can only her on life support until 5 p.m. on monday. just was the judge says you have to wait until monday doesn't indicate he thinks he is going to be overturned on appeal. would you agree? >> i agree. this family has little reason what the complications were during the surgery so it isn't surprising the family doesn't have competent trust of the hospital and they will seek their own opinion and i think the judge is doing the right thing. he is giving them time to do what think is necessary for their child. it could be a week or months.

>> now they have to consider the independent medical examination of a prominent doctor. might that persuade them? >> that is going to go a long way. there is very few cases where people come back from being brain dead. the ones i found they had an expert examine the patient and they found a faint brain signal. i think they should get several opinions but if all of the opinions come back she is brain dead there is nothing you can do. >> this isn't a coma. or a vegeta

vegeta vegetateive state, this is brain dead which means dead under california law, correct? >> correct. the hospital has a right to stop all of the lifesaving measures. but the hospital is on hold now. >> what if the judge agrees that with this doctor who said in the past brain dead isn't actual death. if the judge agrees to allow him to testify at the request of the family and examine the girl, what then? >> the judge will have to take it into account. california has a legal definition that brain dead is dead and the hospital has the right to do it.

if the family wants to pay on their own dime and keep the child alive they can do that as long-as they want. there is no law that says they have to terminate the child's life. but who has the mun ay to do that. >> i think what is so tragic is a child goes in for a routine tonsillectomy and becomes brain dead so you have a wrongful death lawsuit that is brought. but i think there is a $250 cap on damages, right? >> there is for med-malpractice claims. and that means the hospital has a financial interest in stopping all of the measures for jahi mcmath at this point. the family wants more time to

see if there is viability. but for the hospital's purposes if they can withhold the measures it is in their best interest. they will take a different perspective. >> if the law says brain dead is actual death you have religious and moral considerations, do you mot? >> absolutely. i could not imagine if this was my child. i would do anything to keep them alive through christmas. i don't think anybody would pull the plug on this child before christmas. but at some point you have to let go. and where do you draw that line? the end of life decisions are some of the toughest you will have to take.

and when you have to take it about your child -- i cannot imagine being in that position. >> greg, you are so right about all of the atintention on this case. people can't believe a hospital can take away the decision about life or death. >> the actions of the hospital are not talking. they are saying it is complicated. >> no money could replace the life of a child. we are going to watch this closely. and we are watching edward snowden. his message to the world demanding restrictions on spying ran on television. we will tell you where.

snoedward snowden

>> sad news to report on a

little girl who was suffering from leukemia. she lost the battle and passed away on christmas morning. thou. reaction from neighbors >> we are very upset. she was a sweet little girl. >> she made a bigger impact than she even knows. she is going to be around for a long time. >> last friday was her 8th birthday. >> nsa leaker edward snowden

making a christmas day appearance on british television appear alternative to the queen's speech. he called to end widespread state spying. welcome to the show. many would say lars that we should not give edward snowden any more time. but did this station make a m

mistake? >> if people are worried about being spied on private companies are doing far more than the united states government or other governments are doing. government gathering of data is important to keep the country safe. edward snowden has done damage to that and i consider him a terrorist and he ought to be locked up in jail. >> he says a child born today in the message will grow up with no conception of privacy at all. is he overstating that? >> he is probably right in the sense that we do have little privacy with this meta gartherig of data. for edward snowden to say this in russia, a place with no freedom, for him to take asylum

and then lecture the united states and great britain, which are the freest societies in the world. if edward snowden wants to be a martyr for the cause, which i believe he does, he should have come back to the united states and stood trial for this crimes. i respect the message, but i disrespect the messenger. >> i don't want to give it anymore to me. i want to see if he experienced terrorism like i did in the 911

tower. i wonder if he would see how important it is to get information on the attack. if we stop listening, what could happen? >> think about this. the one thing we know is way back at 9-11 we knew there was an al qaeda safe house. we knew they were calling but didn't know how to find them. today we might be able to find that out and have stopped the event. and there is some proof of how little spying is done on americans. considering the boston bombering brothers. people ask why didn't the system

catch them and it is because they were legal citizens. if you want to worry about what people might do the united states military could stage a military coo. do we want to take all of the tools away from agencies who might do something evil with them? the top who is in a car on the street outside has a gun that he could shoot you with. >> i want to get julian, google maps allows me to look at the front of your house and see who is coming and going. but as far as edward snowden is concerned do you think do you think his message is out, he gives us and decides he hasn't the impact, we need the nsa to

do what they are supposed to do. >> edward snowden feels me made an impact. i feel he did. court decisions have come down thanks to those that says they have overstepped. we have the national discussion in congress and among the population about the respect sof privacy versus national security. >> at what cost. >> it is great discussion to have. lars and i tend to agree but disagree and i respect people that don't agree. the problem for me is edward snowden himself. there have been people from the country that have made revelations and stood and lived

with the consequences of this actions. do not go to russia, all of places, or china and lecture the united states. >> we are discussing it. that is important. but no more airtime for the guy. you two should come back. >> in cases of swine flu proving deadly. what you need to know and what you can do to protect yourself. [ male announcer ] this is george. the day building a play set begins with a surprisewinge of back pain... and a choice.

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>> you don't want to ask my opinion because i will agree he is the voice of an angel and he

fills the voice of a church on christmas. listen. can you imagine going to your major church and finding him surprising you? wow. he sang songs at mass and gave an unexpected performance at the same church last easter. guess it wasn't such a surprise he would show up. he is just sharing his god given talent. wow. >> well there is a serious health alarm going on. swine flu is killing five people and more cases identified around

st. louis. our doctor is here and you are an assistant professor at new york unit. so many people are scared of the word swine flu. what is going on? >> the reason we care about swine flu is we are not built to fight against it. it isn't a human virus. it attacks pigs. five people have contracted it and died from it and it is just the start of flu season. so it is concerning for that reason >> that is a vaccination for it, right? >> the best way to protect yourself is to get the flu sign.

not everybody is at risk of having the swine flu. it is dangerous, but only five people have died in texas. whereas 23,000 died from the flu last year. >> how do you contact it? >> we think of people coughing or sneezing. but people might do that and touch their phone or key board. so if you touch the same things you might get it that way. >> what are the symptoms? >> fever, chills, body aches, if you have symptoms, especially a fever, you want to get checked out. especially if you are more at risk to have complications of the flu.

pregnant, small babies, and older than 65. >> should people be alleallergi from the vaccine? >> if they are allergic have eggs or something they might worry about that. >> shipping deadlines and last minute changes to obamacare. you better keep it here. it is raising concerns that those americans that sign up for coverage may not have have it on january 1st.

can

>> because you need to know, there may be a new, largest cat in the animal kingdom with an interesting name. when a tiger is crossed with a lion, follow along, gregg, you get a liger.

what does it take to breed the tiger and lion. i screwed it up. there is a thing called the li-liger. i'm jamie colby. see you tomorrow. >> "happening now" right now. >> no kidding. >> right now, today's top headlines and brand new stories, you will see here first. >> a nightmare for thousands of people. homes completely flooded. the power is out. no relief in site. plus the obama administration is backing away from a da deal thae future of u.s. troops in afghanistan. and what really matters what it comes to fitness? new year's resolution, 2014, it is all "happening now." >> the holiday didn't help. there are new concerns and confusion over