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 obamacare.

good morning. thanks for joining us. we hope you had a wonderful christmas off. i'm leland vittert. here for jon scott. >> and i'm harris faulkner in for my friend, jenna lee. new questions about the health care law. new questions whether people that signed up will have coverage on january 1st. the deadline to do that already changing several times this week. even after tuesday night's cutoff. the ball administration announced people who ran into more technical difficulties with the website could get covered by new year's day. but signing up isn't enough. there is a premium to lock in coverage. the deadline to do that is different all over the nation depending where you live. chief white house correspondent ed henry is live in washington. maybe you can cut through the confusion for us, ed? >> reporter: harris good to see you. the bottom line the administration officials is not extending the deadline for anyone starting fresh today or tomorrow. as you suggested people who were

already in the queue, trying to get in by the end of christmas eve deadline might be stuck somewhere there in cyberspace. they want to give them more flexibility so they have insurance on january 1st. the real question is going to be, of these people who are still in the queue right now, or had been in the line before even christmas eve, because of delays on the website, et cetera, are they now going to have insurance on january 1st, after doing all the right thing, filling out all the right paperwork, et cetera? in terms of extending these deadlines, spokeswoman at cms telling us, our highest priority is to make sure everyone that wants to enroll to have health care coverage by january 1st is able to do so particularly since consumers had a hard time accessing healthcare.gov in october and november. now a lot of republicans on capitol hill who are saying if there continue to be these problems, it is going to provide an opening for congress which has the power of the purse to make sure there is much more

dramatic change to this law when congress comes back to work in the next week or so. here is jerry moran from kansas. >> we need to do things to improve health care in our country. the affordable care act is not the way to do it. but for us to determine where to go from here, one would think. jon: particularly spending taxpayer dollars, that congress would have something to say about it. >> reporter: the president is also going to have something to say to get back when he gets back from hawaii. at end of january he has the state of the union address. implementation of health care will be a very big part of that speech but the bottom line republicans have been previously frustrated in their efforts to repeal the law or come up with dramatic change. the key in january, february, will be whether democrats up for election in 2014, feeling heat over health care law who may finally join republicans pushing for major changes. that is why the january deadline is important, not just for the people trying to get health care, that is important but if there is another change, another

stumble will give impetus for crittakes to have major change, harris. >> that is 1/6 of our economy because that is what this thing costs. ed, great to see you. >> as ed said the first of the new year will be a critical time for obamacare. there could be a lot of success stories with americans finally getting health care the president promised or a string of hiccups. written in "politico," if the affordable care act can get first few days of health coverage without interruption the obama administration may be able to move toward a narrative how the law can work. but if it has to spend the days putting out more fires. the phrase, troubled rollout will not go away anytime soon. dan henninger, deputy editor of "wall street journal" joins us here in studio. daniel, to call the rollout troubled is an understatement.

it has been plagued with problems. is there any way to think january 1st it will be all sunshine and roses? >> sunshine and roses, i don't think so, leland. it will be like winter in chicago and cleveland in january an february. this only signed up people for these programs through the navigators and through the portal. but that doesn't mean the program itself which had to go all the way through the so-called back end, which means to the insurance companies or to the hospitals or pharmacies that provide drugs, that they have been connected with all of these new enrollees. so i think it's very likely that come january when these people start showing up for care a lot of systems will come up saying we have no record of you because they simply will not have flown through to all the rest of insurers and rest of them. >> speaking of all insurers and people that have to actually take money from consumers and pay for health care itself, all the rule changes, moving

goalposts, delays, extensionses, that has to be causing problems as well? >> it causing huge political problems. the hardship exemption they offered or bare bones policy for people under 30, all of this is coming clearer that a lot of costs and premiums of these policies, of obamacare is going to be high, higher than what people were paying and that some people's higher premiums will be subsidizing the others coming into the system and this is the reality not clear when obamacare was packed. costs would be higher for some people to be lower for others. people are saying how am i sucked into this vortex obamacare when i thought the whole idea was kind of create a program to help uninsured? why am i being damaged by this program? it will create tremendous political problems as ed henry was just suggesting for those endangered democratic senators. >> you're saying the law of unintended consequences will

come home pretty soon? >> this is the thing, leland. the software problem was not expected but rising premiums for some people like those under 30, that was intended in this law. the policy cancellations were intended so people would -- >> there are more minefields coming. policy cancellations are not done, right? 2014 has more policy cancellations ahead. >> squeeze medicare advantage. more subsidies. people will lose more medicare advantage policies. there will be more cancellations next year. hard to see the idea behind obamacare, so-called good part is ever going to catch up with this rolling thunder of problems they're having which will feed right into the elections in november next year. i think he is right. some of these democratic senators are going to start to bail out and join republicans demanding changes in the law which i think the president will try to resist. >> that would be a big problem for the obama administration as a whole agenda? >> it puts a lot of the

president's agenda next year, he is doing a lot of things by executive fiat. that is why he brought john podesta in to use regular la tories in place to not go through congress. that will create more tension with congress where it looks like authoritarian presidency, ruling with a whim. >> dan enhenninger, "wall street journal." >> good to talk to you. >> >> a lower court is refusing to stop gay marriages in utah. it ruled the voter pay proved amendment banning gay marriage in utah is unconstitutional. alicia acuna is live in the denver bureau. a decision, what came could we see that happen? >> there is no set timeline, harris t could happen at anytime. u.s. supreme court justice sotomayor oversees route tau as

part of her jurisdiction. it is up to her whether or not she will allow or halt gay marriages temporarily in that state. or she could refer it. regardless of the decision on the stay which is what utah is fighting for at the supreme court, the utah attorney general's office is taking legal battle up the chain over same-sex marriage. after a u.s. district judge ruled last week that the state ban on gay marriage is unconstitutional. ag filed a appeal with the 10th circuit court of appeal to get that decision overturned. here is one person who sued for the right to marry. >> i don't think the state has any ground to fight this anymore >> reporter: some county clerks refused to issue marriage license to same sex couples but the attorney general's office as well as the governor's office warned them they really should comply with the law. harris? >> we've seen those weddings already taking place. we've seen video coming out of that state.

what in fact happens if the county clerks do refuse to comply? >> reporter: we just heard today there are still one holdout county that is refusing to comply. they have been warned by the attorney general's office they could be held in contempt of court if they refuse to provide a service that is legal. 66% of utah voters passed the law that banned gay marriage. this was back in four, defining legal marriage as being exclusively between a man and a woman. it's a very politically and socially conservative state. it is now faced with a whole new set of challenges. take a listen. >> there are a lot of questions about same-sex couples and how we're going to treat them for insurance purposes, for tax purposes and what not. i think the safe answer right now is treat them like everyone else. >> reporter: now, since the federal judge threw out utah's ban on gay marriage, more than 700 same-sex couples have received marriage licenses.

harris? >> states all over the country will be watching to see how this plays out. we'll stay on thetory. thank you. >> it is decision time for the family of a teenage girl declared brain-dead after the surgery to remove her tonsils went horribly wrong. a judge says the hospital can take her off life-support but the family isn't giving up. where the legal battle stands right now coming up in a live report. ice storms challenging christmas cheer in much of the united states. holiday dinner without power and heat. tens of thousands face another frigid day without electricity. the latest on efforts to restore the power.

leland: we have new information on an agonizing legal battle in california. a decision is expected today from the family after teen declared brain-dead after surgery to remove her tonsils went horribly wrong.

the family spent christmas day in her hospital room deciding whether to appeal a judge's additional louing the facility to take the girl off life-support sometime in the next few days. will carr live from the west coast newsroom. he has been following the story. will, what is the latest about what has to be the worst decision a parent will ever make? >> reporter: that's right, leland, the family spent christmas by her side, wondering how they will be by her side physically. it has to be a absolutely gut-wrenching decision. the family's attorney are thinking about moving jahi to a center to remain on a breathing machine. september 12th, she went in to have her be tonsils removed. apparent think there were major accomplices. experts ruled her essentially dead under california law. hospital officials said there is nothing else they can do. a judge ruled the hospital does

not have to keep the teenager on life-support after december 30th. her mom says she will do whatever it takes to keep her daughter on life-support. >> kiss her. you have lots of people down there, honey. that don't know you. love you to death. any minute, any second, they can't touch her is a victory for me. >> reporter: leland, she will be able to stay on the ventilator until monday. at that point, unless there are other rulings the hospital could take her off of it. leland: this is a question a lot of folks have been asking, wondering about, why does the hospital say it has to take jahi off life-support in the first place? >> reporter: you know that is a very good question and the answer, the hospital says, multiple legal experts says jahi is legally brain-dead. in california that means she is dead. she is not in vegetative state. she is not in a coma. that can be very confusing for people. it costs thousands of dollars to keep her on life-support every

single day but the family maintains that the hospital should not be able to play god and choose when she should have to come off life-support, leland. leland: a horrible story, any way you look at it. will carr from los angeles. thanks, will. harris: we're learning that the united states is backing of its deadline to pull out our troops from afghanistan by the end of the year. we'll discuss what this means for american forces who are still in harm's way. tens of thousands of people still living without utilities. it is pretty cold on the east coast. live report on efforts to get the light and the heat back on.

leland: right now, tens of thousands are still trying to cope with having no electricity

and no heat after spending christmas in the dark and the cold. widespread ice storms knocking out power across the midwest and northeast. it means repair crews are working round-the-clock but still they haven't been able to put the lights back on for people all the way michigan to maine. laura engel live with more. >> reporter: good morning. ice storm's aftereffects lingered on for days. 27 people lost their lives as a result of the storm, most dying from carbon monoxide poisoning using generators or barbecues to create heat. 17 deaths in the u.s. and 10 in canada reported so far. in vermont the department of health says there were half dozen reports of people being sick kenned by carbon monoxide poisoning in one day. that is what they usually see in an entire winter. icy roads turning into skating rings adding to the mayhem. a 73-year-old woman died when

she ran a stoplight out of service because of the downed storm. ice storm. downed trees, problem for electrical crews who are working on lines from michigan to maine to get the juice back flowing. >> this is special storm because of the season and it means a little bit more. it is not, we want to get people power. it is cold. it is christmas. >> reporter: a spokesperson with the central maine power, the state's largest electric utility tells fox this morning they have 123,000 customers without power. at the peak of the storm earlier this week and that it is the first christmas in a memory they had to cancel vacations and call everyone in to help restore power. at one point utilities in michigan reported 105,000 customers without power and canada had more than 101,000 without. more snow is forecast today, from maine and parts of michigan. frigid temperatures are expected to keep ice from melting off the power lines and tree branches with creates new risks for more

outages. it is not over yet. leland: all songs about white christmas and brings problems for a lot of folks. >> reporter: very true. leland: thanks, laura. >> there is new information for future of our troops in afghanistan. the obama administration is willing to extend a december 31st deadline for reaching a deal to keep u.s. troops there past next year. for some political observers this is being seen as concession to afghan president hamid karzai and it comes after weeks trying to persuade him to agree to the deal. let's bring in jonathan schanzer, vice president of research at the foundation for defense of democracies, and author of a new book, state of failure. and retired major general bob scales of the u.s. army and our fox news military analyst. general, i'm growing to start with you. i'm guessing president karzai is not caught up with holiday fever. is delaying the decision on purpose? >> of course he is. this is the last stage in his effort to extort as much out of the united states and nato as he possibly can.

he will push this log down the hill as long as he can because he thinks he is going to get more out of us. look, this administration is getting sick of it but both side understand that all of this is, really in the best interests of both countries. the afghans need under the circumstances and our money to prevent this country from devolving into civil war and we need to have a presence in the region, lilly pads if you will, in afghanistan, small numbers of troops, to stand in the way of a, of a regrowth of terrorism in that country. so at end of the day it will be win-win but the patience of this administration quite frankly, harris, is growing, very, very thin. harris: jonathan schanzer, i have a question for you though about our next move because i know in april we could see a whole new government there. karzai could be gone in april. so what do we do? do we just hold out? >> i think we may have to hold out. by the way his brother could be coming in and that may be one of the things he is trying to do

extract concessions to make sure he shores up the power of his family. look at end the dave what i think karzai understands we have one important thing we need to maintain inside of afghanistan. that is to continue to carry out drone strikes. i think that is where the sticking point is and i think that's where he will try to extract those concessions. >> i'm curious how the rest of the world sees this though. i know the rest of the world isn't watching what we're doing in terms of obamacare. we're seeing yet another slide of deadlines in administration. when the world looks and sees we're moving around deadlines, jonathan, what are they thinking. >> they think this administration is not fully committed to the afghan war. this administration is ambivalent to the fact we were there in the first place if not down right opposed. i think this administration sees this as the opportunity to protect itself from its right flank. to make sure we get a good deal as possible, still at the same time, i think we're going to find the karzai government

extracting some pretty serious concessions. harris: real quickly and then we'll move on to our second topic here, general scales, what happens if we let this just go by, there is no decision by end. year? conceivably could we see a lot of our troops come home in five days? >> i wouldn't say in five days. it take as while to drag out the equipment for 10 or 12 how soldiers. but look, there's a razor-thin margin in this administration and among the american people and in congress for continuing the american presence in afghanistan. there is no love on the part of anyone in the western world to stay in that country a minute longer than we have to. so karzai is really dancing on the edge of a very, very serious problem. he needs to get his act together. he need to come to some consensus. they need to do this bilateral agreement or we could wake up sometime in april or may with the american soldiers packing up and leaving. harris: possibly as jonathan

said with his brother taking over which would give us something interesting to deal with too. >> yeah. harris: let's talk about south sudan, i couldn't believe over the weekend, general you were on with me, they started shooting at our planes down there, some of our guys were hurt. >> yeah. harris: we have diplomatic mission in south sudan. we have to get our people out. jonathan, outside of that do we have to get involved? >> it is hard for me to believe that this administration wade in much deeper. look at administration's posture on the middle east, we're getting out of afghanistan, out of iraq and punting on syria and reaching out to iranians to try to prevent conflict. the idea we would rush into a conflict in that part of the world is hard to believe. that said we know there are those within the administration, specifically susan rice with skin in the game, it just, if we got more involved i think it would really just demonstrate you know some real inconsistencies within the obama doctrine. harris: you're talking skin in

the game politically but when you look at our nation, what are our are interests there? >> well, there's a small amount of oil but not as if the oil has been flowing. that is actually one of the areas where apparently some of the conflict is take place. we have very little in terms of direct interest. harris: general scales, over the weekend, like i said we saw our pilots in the ospreys get shot at. everybody mate it out alive albeit hurt but they will be okay. how much of our presence will our guys make up of this u.n. mission buildup? they're talking about building up twice as many troops there now that we may be edging into civil war in south sudan? >> yeah, there are two elements here. one is fairly small marine task force of 150. there are special operating forces, number is classified stationed in. >> beauty. they're standing by to evacuate more citizens or intervene if the administration thinks it is important. what is hanging over all this,

harris, the ghost of rwanda, and the fact that this state is very much a creation of the obama administration. there is no interests, real interests that the united states has in south sudan other than the emotional investment this administration has made in creating the state. so if things go south, if it turns into a small-scale rwanda, i'm firmly convinced over time we'll find ourselves getting involved more and more in south sudan. harris: that is one of the things on the twitter vest and the other thing is mogadishu and "black hawk down." people may not have the stomach to watch this but we may get pulled in quickly. jonathan, i have to let you go but will which get involved in every conflict we have a diplomatic mission? >> absolutely we don't. i think right now of the american public made it clear that is not in our interest. the important thing is to be consistent about why we get involved and when we get involved and and at this point it is not entirely clear. harris: jonathan schanzer,

general bob scales of our fox team here, we appreciate both of you. >> thank you, harris. >> thank you. leland: hard to believe, almost time to say good-bye to 2013. >> i thought you meant me. we're not halfway there, legal land. leland: we'll stick around. we'll see. was 2013 a good year, a bad year, do you wish it good riddance? you might not care when harris or i have to say but you might care what americans have to say. that is coming up. final trading days of 2013 on wall street. the dow has been going up like a rocket ship. can investors finish the year on a record high? we will be live from the trading floor next.

harris: big stories take taking shape this hour. here are a couple of them. investors return to wall street the day after christmas. we'll have a live look at new york stock exchange where leland told us things are looking north. the key to fitness. what really matters when you work out? plus a daring rescue after a car crashes and bursts into flames. leland? leland: as we get ready to say good-bye to 2013, a new polls finding americans seem to be ready to ring in the new year with a sense of, optimism. we are going to take a look at the numbers. 32% believe 2013 was better than 2012. 20% say 2013 was worse.

46% claim there wasn't much difference between the two years. so what does this say about our great notion going forward? let's bring in angela mcglowan, fox news political analyst joining us from memphis. we'll start with this. what does it say, that we're eternal aptoptimist, are things better or it was better than it was really bad. >> we're eternal optimists. reagan said america is the shining city on the hill, a beckoning light. people thought 2013 was better than 2012, they thought it was better, 2012 was a campaign year. we saw a lot of partisan politics. in 2013 we did as well. i believe people are ready to say good-bye to 2012 and looking forward to 2013 and looking forward to washington, d.c. doing its job. leland: speaking of washington, d.c. doing its job, according to this poll, the single biggest story of 2013 was the rollout of

the affordable care act. that was -- >> are you surprised? yeah. leland: 26% said that was the biggest story. the next biggest story of death of nelson mandela. that was only got 8%. what is interesting how unpopular it was as a story. latest popularity polls for obamacare, only 35% approve of it. what can this do to the national psyche in terms of something that is so big but yet so unpopular? i was trying to think last time there was a law like this with this much discontent. you probably have to go back to prohibition. >> probably go back to prohibition but here's the rub. congress and the president will now have to work together. also in this poll you saw that democrats thought 2013 was better and republicans, more republicans thought this was a bad year. so next year they have to work together in concert to create a more prosperous america. to create a better america and i

think that, americans believe in washington, d.c. but, yes, it is unpopular because a lot of people did lose their insurance. and a lot of people still don't understand how the system is going to work. when the president talked about his signature legislation he said it would cut the deficit but what we're seeing now it will add to the deficit and it is going to increase taxes. i think, leland, this forces our elected officials to work together but also i think with the anemic economy and some people doing so poorly dealing with their jobs caused more americans to depend on one another. leland: depend on one another may not depend on washington so much. >> right. leland: this year congress reached a new low in the approval rating, just 9%. that happened back in november. so is congress going to be able to work together in 2013 or are we a country blissful yet divided? >> in 2014 they are going to have to work together, leland, if they want to keep their jobs. if they don't work together.

if we still see the partisan fighting, blaming, name-calling, pointing fingers, in november americans will go to the polls and vote their wallets and vote their conscience. i think we'll see a new congress. i think we'll see more people on the right than the left. we might have in 2014, a republican house, a republican senate, and a democratic white house. if you recall, when it happened with bill clinton, we got more things done. so if they don't work together, if the approval rating of congress still keeps going down i think we might have a new congress. leland: we'll see what happened but best elections are there is memphis in may, some of the best barbecue in the world, you have to be excited about that. angela, thanks for joining us from memphis. happy day after christmas. >> thank you so much. harris: good to see her. fox news alert. fox stocks are rallying on wall street. christmas is over, investors feeling the holiday glow. at love screen on -- green on

the screen. lauren simonetti live from the new york stock exchange. >> good morning, harris. there is no holiday hangover from the new york stock exchange. stocks are up broadly. 10 sectors we like to look at in the s&p. nine of them are in the green. stocks right near session highs, if you look at dow industrials. 16,428. we've had 49 record closes in 2013 for the dow. if you count today and we close at a record, looking like we will, kind of on a autopilot mentality with low volume, it would be 50 record closes, the most since 1995. nasdaq is up 38% in 2013. if you look at s&p 500, those are the stocks most people own in their iras and 401(k)s, that performance up there year, 29%. basically if you have $100,000 in your 401(k), that it is now $129,000.

that is how 2013 has been. the best year for the s&p in 16 years. we got some encouraging data this morning. it's a quiet session. a lot of traders are home with their families. we got from the labor department, initial jobless claims. this is big number. biggest we saw more than a year. the number of people filing for the initial claims dropping more than 40,000 to a level of 338,000. so yes, that shows that slowly, very slowly but surely the job market is getting a little bit better. i think the story harris for 2013 will be higher rates. if you look at 10-year treasury, this is the benchmark rate, nearly 3%, basically highs since september. next year all consumers and all investors will deal with this prospect that interest rates are going to start going back up. harris, back to you. harris: we're starting to see in anticipation of that some movement in the housing market as well. we'll see how much that changes as well. lauren, good to see you. >> you too. happy holidays, yes. harris: next hour we'll talk

with a couple of experts about what you should do with your cash in the new year. leland: speaking of the new year, it is that time of year again for new year's resolutions. harris doesn't have to make any. she's perfect. harris: oh, my gosh. leland: for rest of us perhaps getting in shape. that's a common one. of we'll tell you what really matters when it comes to fitness. harris: did they pay you enough to say that? leland: no, they don't pay me anything. that's why i just have to do it. i'm working for dinner tonight, all right? a man saved from a fiery crash on christmas day. we'll introduce you into the heroes who ran into that fire certainly at the right place at the right time.

leland: welcome back. thanks for staying with us. stories we'll be following next hour, new details about the american abducted by al qaeda in pakistan. the 72-year-old appealing to president obama in a new video message. we'll tell you about his

desperate plea. and the man accused of killing a tsa agent and wounding several others last month at los angeles international airport, he is expected in court today. we'll tell you why. plus a teacher who lost her job over a racy photo on facebook is fighting to get it back. she was fired but her teacher boyfriend in the picture, the other half of that happy couple was only given a slap on the wrist. so why the double-standard? harris: it has been a big year forfeitness news. we saw studies for running barefoot to cooling down after a workout. the topic getting most attention is intensity. experts agree when you're looking to look good or work out or improve health or both intensity is. we have the author of "read it before you eat it." boy that is a lot of pressure and a life-style expert. what is the take way from this?

>> three variables are to exercise. frequency, how often you work out. duration, for how long you work out and then intensity. we really misunderstood intensity. i think it's a key variable in terms of really achieving the best results from your workout program but the most important part is, why are you exerciseing? the research that was recently cited by gretchen reynolds from "the new york times" talked about brief workouts for four to seven minutes, high-intensity, that is about reducing your risk of disease, heart disease, cancer, diabetes, et cetera. it's not about weight loss. similar to the 10,000 steps a day we heard so much wearing a pedometer, great advice for disease reduction. it is not about weight loss. so that is where i think the consumer gets confused as to what really they're trying to accomplish when they put their shoes on to get out there to exercise. harris: i use working out like stress relief. i like more moderate and longer time at the gym. am i wasting my time? >> i'm so with you.

talk about waste, looking to reduce the waist size and increase your longevity, i think it is not so much about intensity. i love success i like success that lasts. so what you're going to do an exercise regime that will really burn you out practically where you will not want to do it for a longer than a short period of time in the long run, what's the point? i like things that last. i know for clients that come to see me, if they're exercising and eating in realistic way, those are the ones that will be the most successful in the big picture. harris: i'm wondering too, i don't know how much these studies looked at this, jim, what you're more likely to stick with? are people who do the smash mouth i like to call them, high-intensity workouts for two or three minutes at a time. or -- >> right. harris: i'm a guilty pleasure, i watch an entire tv show while stepping. so i get longer duration. >> sure. harris: am i more likely to stick with it? >> it all depends on what rush

trying to accomplish. my experience in the weight loss industry, truly losing weight is 75% food and 25% exercise. a lot of people think they can outtrain a bad diet. that's what we call it at my firm, jim's personal training, you can't. you have to do both. i'm sure bonnie sees that in her practice at the same time. but if you don't exercise, and i'm very much a believer in strength training in order to maintain missile and maintain metabolism, i find you have a 99% failure rate. that is why we are struggling with such a high 68.2% obesity rate, that is from 2011. i bet it is even higher now in almost 2014. the key being comprehensive, put food, exercise and make it a realistic plan to stick with for life, not short duration. harris: wow, a lot of pressure. leland, you want to step in here? leland: i always never feel better after these segments. i always feel what i'm doing is

wrong. i will ask the question, anyway, to bonnie. we hear what you eat and when you eat it. eat more calories in the morning have better chance to keep off pound. i see dedicated souls, 6:00 in the morning five 30 in the morning working out does it matter when you do the day? better to do cardio in the morning, lifts in the evening? >> i always say if you're dreaming of mountain climbing, eating a large bedtime snack is not a good idea. whatever you day later on in the day is probably less likely to be beneficial than what you will do waking up so many people wake up and put on workout clothes and then they never actually get to it. harris: there is camera in my house. >> exactly. harris: leland: feel so good at starbucks after that. >> even if you look great with matching outfit. if you didn't go to the gym or do anything you will not lose weight or look much better. >> bonnie, i always say wearing exercise clothes does not constitute a workout. i'm in complete agreement with

you. >> true, true. having little bit on your appellate plate having seconds or thirds doesn't work either. you have to be realistic. whatever you actually do, people most successful with diets are the ones following something that is close to the way that they live. eating foods that they really enjoy. that is the important part here. harris: for people who have diabetes, we're seeing so many more in our country, and high cholesterol trouble, what you're talking about is consistency. whatever it is you do, stick with it, what i'm hearing both of you say. >> that's right. >> good to see you both. happy new year. you're helping me write resolutions which never keep anyway. we'll try. >> make one small resolution. >> fix resolutions and go for real solutions. >> that is the best part. i love it. leland: all right. chaos on christmas. this wasn't something you were going to love if you're at home

on christmas. thousands of homes flooded and many more left in the dark. where this is happening and why no receive is in sight. why 12 years after new york city's top cop, ray kelly

harris: right now widespread flooding causing major problems for thousands of people in the u.k. the scene is in southeast england where more than one thousand homes are flooded and many more are without electricity. people seen wading in the water. this is not due to let up anytime soon. sky news reporting 72 new flood warnings across england and wales. leland: for decades he has been one of the most noticeable men in the country if not the world as new york city's top cop but he is now putting down the badge. new york police commissioner

ray kelly is getting ready to step down in just a few days. fox news sat down with new york's top cop as he looked back on an era that is about to end. rick leventhal joins us now live. rick what amazing exit interview to have. is it going to be tough for this guy who has protected and served for so long to step down? >> reporter: apparently not, leland. he is ready for a good night's sleep and first vacation in 12 years. being a top cop is 24/7 job. ray kelly has been commissioner of new york city police department longer than anyone else. this past year was particularly controversial with protests and lawsuits with the nypd "stop-and-frisk" policy which gives cops more leeway to "stop-and-frisk" people. kelly says it took thousands of guns off the street and potentially saving thousands of lives, making new york the safest big city in america. >> you've got really record-breaking reductions in crime, particularly violent crime. last year we had a record low in

shootings and murders. this year about 20% below that. we're at a figure of murders that haven't seen since eisenhower was president. and even then they were not as accurately measured as they are. >> reporter: kelly is being replaced by bill bratton who says he supports "stop-and-frisk" but plans to retrain officers more selective and more respectful. leland. leland: unbelievable. as you sat an talked to him, one of the big things ray kelly made his tenure is preventing terrorism. he got credit for preventing more terror attacks in new york city post-9/11 but more criticism. did he talk about that. >> reporter: there is questions about the nypd monitoring of muslim community and civil liberties concerns about using surveillance cameras across the city. he says relations are improved with muslims in new york. cameras are necessarily a part of nypd counterterrorism unit

which thwarted 16 plots in 12 years and constantly on alert for another attack. leland, the commissioner will step down tuesday, wee wish him luck. we'll be right back

♪ sing polly wolly doodle all the day ♪ ♪ hah

gregg: new developments in our top stories and breaking news this hour. a 72-year-old american kidnapped by be al-qaeda more than two years ago is appearing in a new video appealing to president obama to negotiate his release. wall street may be riding high right now, but as the fed pulls back from its massive stimulus program, what are the best bets for investors in the new year? fox business network's charles payne will weigh in. and new details in the case of a girls' basketball coach fired for posting what they called an inappropriate photo on facebook. a grievance panel has just issued its ruling, we'll tell you about it and what it means for free speech on the internet. it is all "happening now."

♪ ♪ >> boy, does the year go by fast, we are just a couple of days away from january 1st when obamacare will go live for the first time. but as we've been talking about and reporting, there are many lingering questions about the massive law, and those questions are unanswered. good afternoon, i'm leland vittert in for jon scott today. harris: and i'm harris faulkner. mandate exceptions and even concerns over data security all dogging president obama's signature health care law. and those problems go now far beyond washington, because now several states are dealing with their own issues, only adding to the stress for potential enrollees. and the possible political fallout for democrats. doug mckelway is traveling with the president who's on vacation in the hawaii. he joins us now live from beautiful honolulu. doug? >> reporter: another beautiful sunrise here, harris. good to see you. yeah, the rollout of the hawaii

health care exchange has been a real embarrassment for hawaii governor neil abercrombie, and it's also been the career ender for the director of the health care exchange. carol andrews is her name, she's the head of the hawaii health care connector. some say she was forced to step down on december 6th after the botched rollout of the campaign. hawaii health connector received $200 million in federal funding to set up the exchange, the web site itself cost $53 million. by the way, the contractor? cgi, you know that name, it set up healthcare.gov. it was awarded the contract, cgi had botched hawaii's state tax system web site. more than a month after the rollout here, only 257 people got coverage through the state exchange. oregon's story is very similar to that. late this month oregonians who signed up for that state's health care exchange began receiving robocalls informing them that the health care they

thought they would have starting january 1st might not be there after all. here's a little bit of one of those row with ocalls -- robo tocalls. >> if you have not heard from us by december 23rd, a petition can be processed for january 1st insurance coverage. >> reporter: yet the governor had assured state rends their -- residents their subsidized health coverage would be up and running by january 1st. this man got one of those calls. listen up. >> the governor, you know, should have been apprised of the situation. if he wasn't apprised of the situation, then shame on his aides. and if he was, then shame on him for not listening to his aides. >> reporter: oregon has not been able to enroll anybody electronically. all of their a applications are being done by paper. now let's turn to another botched rollout, this one in the state of maryland which is leading to an intraparty democratic feud in that state.

gubernatorial candidate doug ganzer described it as almost like a saturday night live skit. the subject of his wrath is the front runner to take the golf's office, lieutenant governor anthony brown who also happens to be the chairman of the panel that designed the rollout and the exchange in the state of maryland. no telling where that's going to lead in the guber that to have y'all race down the road, but it portends very troublesome pictures down the road, harris. harris: we're going to talk about that, i'm going to take a little bit of your live shot now, doug, and put it in that conversation because i want to know about that maryland race and how that will portend what's coming down for 2014. thank you very much. good to see you. >> reporter: you bet, harris. leland: we're going to talk about to 14 and, yes, the 2016 presidential race. the horse race begins on the democratic side, former secretary of state hillary clinton is a heavy favorite

while new jersey governor chris christie is just one of the names getting a lot of attention from republicans. peter doocy is live in washington. so, peter, the republican field looks a lot less settled than the democratic one right now, so does that hurt the gop's chances in 2016? jr. not necessarily, leland. in fact, some experts think it's going to help the republican party to have so many prominent republicans running against each other like governor chris christie, governor scott walker, former golf jeb bush, senators rand paul and ted cruz and that whoever comes out on top of that group is going to be poised for a strong run in the general election as long as the field doesn't beat each other up too badly. >> people assume that a hard fight hurls a party. it does -- hurts a party. it does not necessarily do so. think, for example, of 2008 when john mccain got his nomination many, many weeks before barack obama did. obama had a much tougher fight with hillary clinton.

who won the general election? so, you know, we assume too much. >> reporter: and we're really not going to have to wait too long to see who the serious candidates are on the right because midterm season is upon us, and campaigning for republican politicians in state-level races is a good way to let people across the country know what you're all about. leland? leland: a lot can happen between now and november of 2016, but let's just assume for the moment that hillary clinton does survive the primaries. is she then favored to beat whoever the republican nominee might be? >> reporter: it's interesting, leland, kind of like you just said, hillary clinton is right now way ahead of the other democratic challengers even though she is very unlikely to go unchallenged during the primary, somebody else is probably going to get in there and go after her. if she does get the nomination, she's in for another big fight. >> the real challenge for her, i think, is not so much the primary, but the ultimate

contest in november 2016. >> reporter: and the latest quinnipiac poll in pennsylvania, which is always a swing state, shows just how close a clinton/christie race would be if it was today. it shows clinton up one point over the new jersey governor, 44-43. leland: and boy, will we have a lot to talk about between now and then. peter doocy live in washington, thanks. harris: i have just put out something on twitter about a split in the democrat party over obamacare. we're going to talk about it now before 2016, the presidential race, democrats have to navigate their way through what appears to be a trickier landscape, still a long time in the politics until the 2014 midterm elections. no matter how it shakes out, though, it will likely include affordable care act/obamacare. let's bring in lynn sweet for the "chicago sun-times", i mentioned you in that tweet, and charlie hurt, i need your twitter handle, good to see you both. charlie, reading today that part

of the challenge for democrats will be this split over obamacare within their own party right now. what's happening? >> oh, i think that you're exactly right about that. when you have this kind of backlash in reliably democratic places like oregon and hawaii and maryland, that is a pretty good indication that this, the unpopularity of at least the rollout if not the underlying law itself runs very, very deep. and when you get into, you know, those states that doug mckelway was talking about, they're not even battleground states. and, you know, a lot of these important elections are going to turn in those battleground states. so if you're having problems in maryland, then places like ohio and howe and places like that -- missouri you're having even greater problems. harris: the democrat governor, martin o'malley, was one of the first to put a state-run exchange in place on its own web site. leadership, in maryland we're already seeing evidence, though,

of the split in the primary. pretty rare thing. how could this affect not just that race, but others across the country? >> well, sometimes these races have to be, you know, taken -- they each have their own story. so, for example, in maryland the primary isn't until june. so one of the issues in this democratic on democratic fratricide, potential fratricide, is that the exchange didn't work as well as it was supposed to. so that goes to competency, you know? more than, i think, philosophy in this one. so it gets straightened out, that might diminish it as a role. you know, democrats in primaries will have different issues than republicans in primaries. it might just be over the company si issues -- competency issues where republicans have the issue of should this program even resists. harris: if it costs a governor candidate a seat, could it possibly do the same thing for democrats in 2016? that's what people are thinking. real quickly, before we move move on from this, just to give

people a flavor of how it's gotten in maryland, the attorney general is running in that primary. he says it's almost like a saturday night live skit. it's a comical thing it's not working, it's tragic for folks who don't have access to health care. that sounds like a republican talking point, charlie? >> yeah, indeed. and, of course, the problem being that unlike most snl skits, it's really not funny. because what you're talking about is you're talking about people's, you know, this law has gotten so, reached so deeply into people's private lives, into their wallets and into the most important areas of their lives such as insuring their children against sickness that when it goes wrong, it goes wrong horribly. and the political consequences of something like that, you know, i think it's pretty hard right now, harris, to overstate what the political ramifications will be. and that may -- it may be that it doesn't always, in every case, hurt the democrat.

but i don't think you can overstate, how important this will be in the next two elections. harris: you know what, i'm curious, are democrats really worried about this, or is this just a few way to get their base mote motivated to vote in a few months? >> this is legitimate worry because you have unhappy pro-obama democrats not because they oppose the underlying philosophy of that people need health insurance which people do need health insurance no matter your politics, but it's the idea that the program did not work. i think it's hard to argue against that. it didn't work the way it was supposed to. now, it may. you also have two groups of people if i could say quickly on this, you have the unexpected army of people who had their policies canceled, not renewed, and i think this is a very big potential problem for democrats because the happy story for them is people who had no insurance,

couldn't get it, had pre-existing conditions, and that's the good story. what they never counted on was this big with, bad story looming of people who are unhappy about being not renewed and may not be happy with what they get in replacement. harris: again, some messaging that republicans can take advantage of, and it pretty much writes itself. charlie, lynn, good to see you. thank you both. happy holidays. >> thank you. >> same to you, harris. leland: this is a story we've been covering for a long time, but we have new details about the american abducted in pakistan, 72-year-old warren weinstein. he's appearing now in a new video and pleading with the obama administration to negotiate with his terrorists for his release. national correspondent steve centanni is live in washington with more. steve. >> reporter: yeah, a washington-area man who was kidnapped by al-qaeda in pakistan nearly two and a half years ago is apparently appealing directly to president obama to help win his release.

the video presumed to be from warren weinstein shows the 72-year-old international development expert wearing a track suit and sitting against a plain wall with the yellow logo of the video production arm of al-qaeda i have bl. in the video -- visible. he tells president obama you are now in your second term as president of the united states. that means you can take hard decisions without worrying about re-election. i have asked my captoey will allow my family to visit me. they have agreed to do so, but they have done so on the basis that you will provide a quid pro quo with respect to their people who are being held as prisoner. now, weinstein was seized in august of 2011. in december of that year, aymanal sa what harry said he would be freed, weinstein, if washington stopped launching airstrikes on al-qaeda and if all imprisoned members of al-qaeda were released. in this new video weinstein says he feels totally abandoned and

forgotten, e has a heart condition. the state department issued this statement saying: >> r eporter: weinstein was a contractor for the u.s. agency for international aid when he was kidnapped in la hour, pakistan -- lahore, pakistan. leland? leland: our thoughts and prayers with his family as well, thanks, steve. harris: guys that got kicked out, the muslim brotherhood, a bunch of terrorists and accusing them of yet another bombing today. stay close. you're givi away pie?

would you like apple or cherry? cherry. oil...or cream? definitely cream. [ male announcer ] never made wi hydrogenated oil. oh, yeah. [ male announcer ] always made with real cream. the sound of reddi wip is the sound of joy. [ male announcer ] anbe a name and not a number?tor scotade. ron: i'm never alone with scottrade. i can always call or stop by my local office. they're nearby and ready to help. so when i have questions, i can talk to someone who knows exactly how i trade. because i don't trade like everybody. i trade like me. that's why i'm with scottrade. announcer: ranked highest in investor satisfaction with self-directed services by j.d. power and associates.

i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is! pop in the drum of any machine... ♪ ...to wash any size load. it dissolves in any temperature, even cold. tideod pop in. stand out.

harris: an explosion at a busy cairo intersection involving a bus has left at least five people hurt, and it looks like a

possible hit on civilians. just yesterday the egyptian government declared the muslim brotherhood a terrorist organization after a police station was attacked in recent days. conor powell is live for us in jerusalem. >> reporter: for months now the international community has been calling on the muslim brotherhood and the military in egypt to negotiate, to compromise, to reach some type of agreement to end the bloodshed, and just the opposite appears to be happening in egypt, getting worse and worse by the day. earlier today an explosive device went off near a public bus injuring five people in cairo. no one's claimed responsibility, but this is the first attack where it look like p innocent civilians were the actual target x today's violence follows a deadly attack on a police station in the nile district that killed 15 even though an independent al-qaeda-linked group claimed responsibility for tuesday's attack, the military-backed government in cairo declares the once dem clackly-elected muslim brotherhood be labeledded a

terror group. that's a major blow to the brotherhood which, of course, was in power just six months ago having won three different democratically-elected elections including the presidency before the military ousted them in july. now mohamed morsi, the former president, is still in jail, and this new designation means anyone connected to the brotherhood could join him in prison. the military government is looking increasingly authoritarian, and it's something they accuse the brother hadhood of being earlier this summer. the u.s. wants a stable egypt. they also want a democratic egypt. right now it's looking like it is neither going forward. harris? harris: conor, thank you. he land: we have a surprising and a surprisingly good report on unemployment claims. according to the recent good news about the economy. so is the recovery really on track, and what can we expect heading into 2014?

"wall street journal" senior economics writer steve moore is going to join us with the answer. and a cabbie with a heart of gold. harris, this is something you would do -- [laughter] found a pile of cash. we're talking about a lot of cash here. hundreds of thousands of dollars. what he did with it and how he was rewarded. harris: i'm almost afraid to ask. >> because i did the right thing for myself, for my family, for my company and for the city of las vegas. [ male announcer ] this is george.

the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

harris: right now, a las vegas cab driver is proving honesty is, indeed, the best policy after he discovered a customer accidentally left more than $250,000 in the back of a cab. who walks around with that kind of cash? instead of keeping it, though,

he took it straight to his process and waited for the customer to claim it. >> had you ever seen that amount of money in your life before? >> in a movie. [laughter] nothing personally. because i did the right thing for myself, for my family, for my company and for the city of las vegas. heifers harris well, the money was left by a professional poker player who did eventually come forth, and as a reward the cab company gave that driver a thousand dollar check, and he deserved it. leland: that and a lot more. the economy is appearing to end 2013 on a high note or a very high note. wall street's trading in record territory, this as new data shows signs the job market is also improving. the labor department is reporting the number of americans applying for unemployment fell 42,000 last week to a seasonally-adjusted 338,000. that beat analysts' expectations. steve moore is an economist, also a fox news contributor, joining us from chicago.

someone once said to me this was not the worst recession we have ever had, but it is the worst recovery. are these fundamental numbers that we're seeing coming through here proof that the awful recovery is now over? we've waited five years, and now there's a light at the end of the tunnelsome. >> let's hope so. and by the way, i'm the one that's been saying this has been a half-baked recovery, and for a lot of americans, leland, it hasn't been much of a recovery at all. we haven't seen the job growth or the income growth, but, you know, over the last six months and especially over the last couple of months we've really seen a nice pick up. that's not to say that people aren't still facing a lot of hardship, and there's still a lot of unemployed in this country, but you said it very well. you're seeing a bump up in employment, which is a great sign. you mentioned the fact that the stock market has been on a tear and, of course, we just got some data that shows that businesses are starting to spend again. that's a sign, leland, that they're optimistic if they're spending, they think more customers are going to come into

their doors, and they're going to expand their operations in 2014. leland: you mentioned this though, steve, that while there are now folks getting off the unemployment rolls and there certainly are more jobs, the incomes have not followed. there has not been the raises that people are going to get. i'm wondering, is this recovery as we're seeing it now affecting everyone across the board, or do the rich get richer and the poor get squeezed? >> well, that's a great question. first of all, you're exactly right that the strange thing about this recovery -- and by the way, leland, we're in the fifth year of a supposed recovery that began in june of 2009. since june of 2009, the average middle class family has lost $2,000 in purchasing power in terms of their income, so that's a big problem for a lot of families as big a problem as the unemployment rate. so hopefully, leland, let's keep our fingers crossed on this, as jobs come back and the labor be market gets a little bit tighter, their workers can start asking for wage increases, and they're going the hopefully get

those raises in 2014. leland: well, we'll see if the raises come. i know the one thing, steve you've talked about is the issue of retailers, and harris had a question about that in terms of where people are actually spending their money. harris: yeah, you know what? i think for the first time we may really be seeing, steve, a huge punch going from online to on the street. old navy, best buy, lowe's, barnes & noble all in in the article by "forbes" magazine which is saying that, you know what? the big box stores are hemorrhaging customers. those are their words. those are the percentages. 46% in some cases of cus hers not going -- customers not going into the stores. >> well, welcome to the new world of shopping, you know? the internet has changed everything in our lives, and now it's really affecting how we buy things. there's no question about it. as every year has gone on for the last ten years, those online sales continue to escalate, and that means people are buying less things at the stores. it's a big problem for

retailers, and we're going to see how much this trend continues. we don't have the final numbers yet in terms of this christmas season, in terms of how good the numbers were overall, but we do know online shopping was up, and at the store shopping looks to have been flat. harris: i still like to go to the bookstore, though, and flip through -- >> me too! harris: i must be the only one, apparently. >> well, i was at the mall the last four or five days, they were crowded. but you know what? some people go to the malls, look for the things they want and go and buy them online because you don't have to pay a tax. leland: it's a lot easier, it gets shipped to you if ups actually brings your presents, which this year they were a little late on. thank you very much finish. >> i'm very cautiously optimistic. i'm very optimistic about -- leland: if you're that optimistic, you don't have to keep both fingers crossed. [laughter] >> you've got to do that too.

happy holidays. leland: steve moore, we'll talk to you soon. harris: well, a lot of americans didn't find christmas gifts under the tree, that's because ups and fedex had some seriously difficult times this holiday season. now the two shipping giants are under fire and trying to explain why the presents doesn't get there. didn't get there. and the man accused of killing a tsa agent last month is expected in court today. our legal panel takes up the case. ♪ ♪

harris: draw your attention now to the screen and take a look at this. obviously there is a lot of ice and snow on the road there. we don't know if it played a role in some crashes, several crashes across the region that are shutting down sections of major highways resulting in multiple injuries. now this one in reading, pennsylvania. authorities closed westbound lanes of the pennsylvania turnpike between morgantown and reading. two people have been airlifted from this area. 20 cars involved in accidents that cause ad shutdown or

brought people hurt today. elsewhere in the state multiple car accident shut down westbound lanes of i-8 between exits -- i-78, exits 35 and 40. we had a holiday midweek may plan to go back to work tomorrow. didn't take entire week off. people maybe not familiar with the local roads. we don't know what all played a role in this. we see a lot of white, ice and snow on the ground. two people airlifted from here. leland? leland: it wasn't the grinch that stole a lot of christmas presents this year. it was ups and fedex failing to deliver them. we're learning the problem may have affected more customers than the shipping company initially led us to belief, especially with last-minute gifts where consumers were guaranteed delivery before christmas but knowing showed up to be put under the tree. liz macdonald from the fox business network is with us.

what went wrong and second, when are folks going to get the presents. >> good to be with you, leland and harris. santa arrived late in a dozen states expecting to get gifts delivered on time by christmas day. ups and fedex say the bad weather and overwhelming volume from internet shopping delayed deliveries and some packages may not be arriving until this weekend. ups and fedex are scrambling as families in states like alabama, california, kansas and georgia are still waiting to get their gifts delivered. a ups spokeswoman says higher than expected volume and bad weather caused the delays. with we're seeing a holiday shopping period between thanksgiving and christmas was also shorter than usual this year. more people shopped online and consumers waited until the last minute to place their orders. now neither ups nor fedex are saying how many packages were delayed but do note it was a small share of overall holiday shipments. ups says that customers should

expect to receive their packages either today or tomorrow and those with delivery guaranties will get refunds, you guys. leland: thanks, elizabeth. >> sure. harris: new developments in the case of a man accused of killing a tsa agent and wounding three other people last month in a shootings rampage at lax airport. you remember this breaking news. palsy an seia is expected to be in court to pace 11 counts. we have a legal panel. heather, i will start with you, how strong of a case is there against ciancia. >> a very, very strong case. everyone saw him there, the shootings were witnessed but he carry ad note with him that he specifically intended to kill tsa agents. when you're being charged with first-degree murder around part of the element is intent, it is pretty much proven by the note. harris: the note read in part according to authorities, the

shootings were meant to instill fear in your traitorous minds. pillar, how do you defend this guy? >> it is very difficult. he will be asked to enter a plea for 11 felony counts. we might see a guilty followed by a plea bargain. it will be very difficult. not only does the note show intent it also shows motive. we know motive isn't required to prove a crime, juries like to see motives and explains in a juror's mind why he did something. it is a difficult case. if he doesn't take a plea where the goal is to save his life because they haven't decided if they can seek the death penalty. if they're not going to try to defend him on something like not guilty by reason of insanity which we haven't heard but we could, i think the real goal will be to spare his life. harris: that is what i was going to ask you about next, heather. you talk about getting inside the mind of somebody accused of something like this. when does insanity come into the game?

do they wait and play that at the last second? >> harris i anticipate he will plead guilty to all 11 counts. it doesn't do him good to plead guilty because he needs to negotiate. insanity is affirmative defense, so the burden is on him to prove it. he will have to bring in, similar to the colorado shootings, bring in all kinds of experts to do all kinds of mental evaluations. i think there is some ground for that and that is where the defense has to go. they don't really have anything else. harris: how are courts looking at the insanity plea these days? i remember a time you would have to have a high burden of proof. are we at that same point or has it changed? >> it is lower burden. >> that's right. it's a lower burden. the burden shifts to the defendant. he has to prove meets the legal standard of insanity but it's a lower burden than the state is going to have when they have to prove the elements of the crime. harris: new topic real quickly and has to do with a bikini

photo on facebook. i apologize, you talked at same time because i didn't call out a name. heather, i will start with you, got her job back. a grievance panel concluded that this former idaho high schoolgirls basketball coach, lorraine cook, should go back to work. they fired her because of what you see here? >> i think there are two reasons i think she got her job back. one her fiance works for the school was not fired. there is a real question of equal protection here. the second thing the school didn't have a social media policy. i have to tell you, harris, in this day and age it is important for the schools to have social media policy and one different for students and teachers. >> you know what though, pillar? do you really need to write it down? i have mean, i don't know, my coanchor today says leland doesn't see anything wrong with the picture. a lot of people have things all over the facebook pages. i don't know if the benchmark is, i pull him into the conversation. i don't know if the benchmark is any different when you're a

school teacher. my point is if there is right and wrong how much do you have to write down for people? or is that part of the school policy you have to act a certain way? >> apparently you have to right it down because people are doing this this was poor judgement on her part. everybody looks at people's facebook. everybody follows everybody on twitter an instagram. when you're a teacher and teaching minors yes, you should be careful. it wasn't a great picture to post. on the other hand it was a family vacation. i like to know students, does she have a private facebook account where she really maybe not believes people weren't going to see it or students on her facebook account? i think it was poor judgement. i don't think it rises to the level of firing her. harris: i'm curious too what is exactly wrong with the picture. do you have any idea exactly what they took exception to her, heather. >> they said it was immoral nature of picture and they can fire people for being immoral. it is nature of groping.

her fiance is doing groping. they said the reason they were not firing him. he did not post it on his facebook page, she did. it is poor judgment whether it rises to the level of being fired. harris: that is interesting. leland has a thought. leland: my thought is exactly that. the husband or fiance in this case involved in the same picture, taught at the same school or same school district didn't get fired for that picture. i think it is kind of interesting when you see this double-standard, where are you going to hold folks to? obviously what we do, we're public figures at some point but a teacher in pocatello, idaho, a public figure? grievance council figured that out. harris: he had his hands on her is your point. thank you very much. had an actual opinion on this case i didn't know b. good to see you. leland: amazing you got it out of me. speaking of opinions, everyone has a an opinion on wall street's record run, 2013.

it is shaping up to be one of the best years in a very long time. we're looking at dow right now, up again. but if you're considering investing is now the time to jump in? is now the time to sell? is it about to be a bull market? does the bears continue? we're going to look at wall street heading into 2014 coming up next.

... ... ... ... ... leland: if you have a 401(k), money in the market or just simply watch it you have probably noticed wall street has been on a tear recently, tear or rocket ship, you pick the analogy. the dow up again today, trading in record territory, 16,446 right now. but will this multiyear bull market keep on charging, or, as

some have talked about, are we overdue for a pullback? charles payne from the fox business network here. he runs his own stock analysis year. you said it has been one of your best years ever. why have we seen this huge run-up lately? >> you know, i got to tell you, for me personally, my theses on the market begins with, sound as little corny with global peace, global prosperity and ability of american companies to take advantage of that. when people watching the show, i get this all the time, i'm stopped on the street, the market does not reflect what i see. it is probably not. not necessarily we see out our windows like the market was 10 or 20 years ago. what the market reflects last quarter, harley-davidson in america were up 1% and latin america up 39%. tiffany, the midtown store, sales have been flat for a long time but in china same-store sales are up 29%. around the world these numbers really buffered the stock market and really in my mind is why it's a legitimate move. leland: much more of a global

situation. the market numbers reflect that it has been one of the best years in the market for a long time. we want to show you the both the s&p and the dow in terms of how they have been doing. s&p 500, 28.55% return, best near since '97. the dow, best year since 2003. put that in perspective if you had $100,000 in the 401(k) beginning of this year, went through the year, s&p 500 you would now have $128,000 in your 401(k). 401(k)s are different situation. if you have money in the market better to book profits in 2013 or better hang out and wait, till 2014, delay the taxes? >> we started this segment with you asking the question is it too late to get in or should we be ready for a pull back? the answer is yes. leland: we'll be right either way. >> a pullback is going to happen. that is part of investing. anyone who has gotten in the market recently afraid of five or 10% pullback in the market,

the market may not be the place for them. it is natural. the lesson we go back to march 2009, dow at 6600. i say billions, billions of dollars were sold. billions of dollars worth of stock. heartbreaking how many people sold at massive loss. not only sell it a loss but miss ad amazing run-up. so the point is i believe people should always be in market. you don't always have to be 100% invested. you should always be in the market, trying to pick the top or bottom is folly. longer term, big crash in the great depression the dow went to 65. here we are talking about 16,500. people are alive who remember that we go through the buzzsaws from time to time. i don't think pieces are in place for that to happen yet. the pullback, yes, but the big crash a lot of people are predicting, no. leland: i want to take a a litte bit broader perspective. right now the health care industry in america represents one-sixth of the total economy.

there is so much uncertainty because of obamacare, because of all the unknown unknowns, the minefields that are ahead. does that have the potential in 2014 to really take a hit out of the u.s. economy? >> throughout this entire rally i said to the big market rally and biggest threat to the u.s. economy is the fiscal policy i'm not a fan of fed or monetary policy but fiscal policy war on success, war on businesses, war on coal industry all these things hurt our economy. we had gdp 4.1%. that is something of anomaly. we could be doing 5%. certainly it would stop us living to our potential. we're becoming a part-time job nation. we're getting oxymoronic notion of jobless recovery. that is often because of these policies. leland: all comes down to charles payne from the fox business network. >> i appreciate it. leland: harris? harris: it is like, no, sounding like a "valley girl" apparently

doesn't mean you're clueless. there is connection to success. what researchers are saying about the special type of talk known as up talk. >> my god much. like totally. ick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare.

you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®.

harris: the "valley girl" speak, that dialect parodied in popular 1980s films has researches today talking. "new york times" is reporting that way of speaking which sociologists and linguists, up talk can convey more than words,

men do it too, not just women as i look at leland. leland: i'm not getting in 24 one. harris: we have a associate professor at college of william and mary and published a study on this issue. professor, good to have you along today. >> thanks for having me. harris: uptalk is not just happening in california and the stigma is fading away. are we all speaking valley now? >> well, my study was actually of very particular segment of the american population and that is contestants on the game show "jeopardy." these are people that are very smart and very sure of themselves yet even they us uptalk. harris: who does this in every day live though? we're not all "jeopardy" contestants but they are among some of the smartest so in everyday life who does this? >> in everyday life i found everybody does this. this is very interesting variation among demographic

groups. what i did in my study i coded 100 episodes of "jeopardy" and i kept track who used uptalk, whether they were right or wrong, gender, race and age was and how far ahead or behind they were and what i found that women used uptalk about twice as often as men. younger women use it more often than older women. black women use it a lot less than white women. with regard to success i found a very interesting relationship and that is that on the show the more ahead a man is, the less he uses uptalk but for women it is the reverse. the more ahead a woman is on the show the more she uses uptalk. harris: would you say there is connection between talking like a "valley girl" and success for women? is that what the study shows? >> well the argument that i make is that, other literature has found that unfortunately, successful women especially in

the work place are penalized if they seem too confident. the argument that make if a woman is very ahead on the show, she somehow compensates for this by using uptalk. so she, in a way she's apologizing for her success. that is very unfortunate but that's what i found. harris: that's very interesting. and just real quickly before i let you go, why did you look at "jeopardy"? you admit yourself they're some of the smartest among us. is there something about "valley girl" speak we need to know? >> well, i was, i've been a "jeopardy" fan for a long time and i was sitting there and i noticed there was a lot, they're apt to phrase the response in the form of a question, only a third of the time did they use uptalk. then i noticed some contestants used uptalk a lot. i saw it as naturally occurring way to study uptalk and i think i had some pretty interesting findings. if i may share my favorite finding when a man is correcting a man on the show he hardly ever

uses uptalk but when he is correcting a woman on the show, his uptalk more than doubles. so i think it gives us a lot of insight how we talk. harris: all right. thank you so much. we'll be right back is george. the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

>>

>> it's been fun and thanks for watching the nows now. >> fox nows alert, a direct message for president obama, an american held prisoner by al-qaeda pleading for the president to negotiate with the terrorist for his release. welcome to hq and i am gregg jarret in for bill hemmer. >> the sfo-year-old development worker looking tired and pale and said he feels abandoned since his abduction in pakistan two yearsing on. ed, how is the administration