>> 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

handling the latest croisis. >> reporter: they are looking at the video closely. and trying to authtenticate. it is unclear whether or not it is a valid video put together by al-qaeda. he looked desperate, desperate blow for help not only president obama but secretary of state john kerry as well. saying it is time for them to negotiate with al-qaeda to get him fro. we have a spokesman saying we are working hard to authat the present timeicate our report and we reiterate our call for him to be released. our hopes and prayers are with him and those who love and miss him. sips we got that statement, we heard from the fbi for the first time. they are working to authtenticate the tape and we remain concerned for the safety and well-being of mr. winestein. they are not sure the video is

real and the administration repoetedly said they will not negotiate directly with al-qaeda. >> the hostage comes as the president is on haveication and weighing big foreign policy decisions. >> and first of all al-qaeda, and the president repoetedly said they are on the run and the tape if it is authtenticated is a remoipder that al-qaeda hasn't gone away. and 60 minutes, the susinn rice was profiled there and got tough questions about the fact that there are croisis from egypt to sir why and on on syria and israel and palestinian peace process. this is susan rice reacting. >> we are actively engaged in trying to broker a resolution of the israeli and palestinian

conflict. in syria chemical weapons are loving the country for the first time. to paint it with a broadbrush and say it is a disaster is missing the important data points. there is a lot of focus on the domestic front. health care and other big issues for the president. there could be foreign policy hot spots that play a role. >> there is a lot a head for this president. thank you very much. >> the day after christmas, some of santa's helpers are hard at work. ups and fedex trying to deliver the packages. ups is bringing in extra workers to deliver the packages and they

apologized to customers saying high demand overwhelmed their systems. >> more bad nows for target 73sing multiple lawsuits after the hackers stole the personal and debit information. they filed class action complaints with 15 lawsuits against the retail giant nation wide. they are soaking damages for putting shoppers at risk. >> a now round in the battle over gay marriage. they are a poling the 10th circuit court's renowsal and allowing same- sex marriage in the state. >> there is a delay for utah? >> yes. we are just hearing about this greg. >> the attorney general's office for the state of utah intended to go to the u.s. supreme court this morning. but it just issued a statement

explaining that the attorney general's office is working to prepare the appeal. and using the outside counsel, the foiling of the appeal may be delayed. it is their entension to foil as soon as possible. they are requesting that the state be allowed to continue to refuse same- sex couples to remarry in which there is a ban on gay marriage is unconstitutional. that part is going to take much longer and the 10th circuit court rowelled against the state here in denver. >> i had a feeling that the 10th circuit was going to side with us. >> there is no place of discrimination for utah. >> and unless the u.s. supreme court issues the stay for utah,

the county clerk was instructed by the attorney ynl and governor's office that they do have to comply with the law, gregg? >> county clerks were renowsing to issue marriage license to gay couples earlier this week and has this changed? county clerks will be held in contempt of court if they refuse the license. the only thing to stop it would be a stay by the supreme court. we'll let you know when the attorney general of utah files the stay. thanks very much. >> we have new information in the sad case of the girl who

doctors declared brain dead. her family is expected to son decide whether to appeal the judge's decision to allow the doctors to take the youngster off life support. will, what can you tell us? >> reporter: uma, you can imagine it is a gut- wrenching couple of weeks and as of right now, they don't know how much longer they will be able to be by their side. the family's attorney is thinking of moving her to a center where she could remain on a preething machine. how that happens, we don't know. she went in to have tonsils removed on december 12th and had complications and experts rowelled her brain dead, dead under california law. earlier this week, the judge ruled that the hospital doesn't need it keep her on life support

her mom said she will do whatever it takes to life support. >> you have a lot of people that love you to death. any minute or second that she is on the ventilator is a victory for me. >> why the hospital have to take her off life support. >> reporter: that's a big question that everybody is asking. legal experts ruled her being brain dead. you don't want to confuse that as being in a coma. that means she is dead and the hospital said there is nothing left they can do. to keep somebody on life support it costs thousands a day. and the family continues to decide if they will appeal the judge's decision, they are asking for everybody to keep her

in their prayers. >> such a sad story. thank you for the update. fox news alert in eastern pennsylvania interstate. 20 vehicles are involved in this. the crash shut down parts of the pennsylvania turnpike near reading. there are injuries, but no word on how many and how serious and if there are any fatalities. this is one of the several crashes on the state's snowy road way. >> there are new concerns over obama care and why the president's party is trying to change the subject in washington. >> no apologies from new york's top cop as he said good by. commissioner ray kelly, set to step down in the end of the year

and look back of his career in his own words. >> a major crack down in egypt. the islamic brotherhood labelled as a terrorist group. stay with us. [ sniffles, coughs ] shhhh! i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is!

welcome back everybody. there are new jobless claims and the number of people applying for unemployment benefits dropped by 42,000 to 338,000. this is the biggest drop since november of last year and economist said they may reflect seasonal variations a roubd the holiday. >> president obama is getting r& r in hawaii, but that doesn't mean the democrats are getting a break from the fallout over

obama care. the bill to boost minimum wage and extend long- term unemployment benefits. they have the political editor to join us. >> we are stating the observation they would love to change the conversation from obama care and can they do it and will it work? >> there is a push on minimum wage and unemployment benefits. one is changing the subject. and the second is, this is an early test run of the campaign message that worked in 2012. and the income inquality and helped president obama wen reelection and they are doing a early test run for the 2014 election and still saying if it has legs. it is a test run and specifically on whether it will work to change the subject. the request is if there is more bad nows.

if they do have the problems with healthcare.gov solved and they may can change the subject. but if we have bad nows and numbers, no, there is nothing to change the subject. >> i think you may be right about that. they hope for better and better economic news. they got some today. last woke's jobless claims were lower than expected and had presidenty good unemployment news. and gdp better but not good enough. is it hard for democrats to say hey, we are doing a great job on the economy and give us more unemployment benefits and raise the minimum wage. and a couple of things going on. voters are oftentimes while their own personal situation may be okay financially, others are suffering and this is the generositty of americans and they want toous the government.

and while people are feeling better. they believe that their friends and neighbors are not doing well. the democrat's message might reverberate with the folks. the co question is are they able to sell. it unemployment and minimum wage, are they popular enough to swap out all of the other bad nows. >> and the unemployment benefits continuing and food tamps and the general welfare state is losing in popularity those days. and what should the gop message in response to that be? wait a minute, you will hurt the economy by raising the minimum wage. that is not job creation. that is job lawsuits. employers will have to fire people if they do more. >> what you said about americans and confidence and in the government assistance, health carry shoes us one thing. americans are distrusting the

government helping hand and that's what democrats will have to deal with. and number two, it is exactly what you just said. democrats will have to find a way to pay for the benefits and republicans can argue they are not paid for right now. and republicans can argue, if the economy is recovering, the worst thing to do is give people who are in the market looking for jobs a reason to stay on the sloin and then all of those people will come out of government assistance and go to jobs. cost-effectiveness and get the economy moving instead of a benefit. >> politicalo has an interesting piece and what they are worried about. all of them deal with obama care and people who just didn't sign up and people who thought they signed up and really didn't. and they are going to find out about it. and people who are going to find out also they lost their doctors

and when their premium nos come, sticker shock and high dedetectibles and they are weighing on the democrats now, rrnt they? >> democrats in 2010. they made a big gamble. they gamble there was enough waste abuse and profiteering in the health care sector and expand coverage and hit the wlty with the charges and the young who may not meaned the extra fees and charges andous that to pay for bringing other needy people in the system. and so far it is looking more painful than they expected. the republicans are right, it will be 59ful and that is bad for democrats. >> that's the problem with poling data and surveys. when you ask people generally would you like to help others who don't have insurance coverage.

sure wo would. would you be willing to pay? they get the bill and for roles set in and that's when they change their mind. >> you mentioned it on insurance and also thorough on unemployment. yes, the americans want to extend generous unemployment benefits and when you don't so the question, what would you prefer to cut or so your taxes increased to do that, when you have to make choses, that is when the choices are real and difficult. >> which is why obama care hit an all- time highway of disapproval. schopercent desapproving. great to see you, thanks. nmy pleasure. >> just a head what is happening for new york city's high profile top cop. we'll find out on his big move coming up. >> and remember when washington

crossed the delaware on christmas day? he's crossing it again. we'll tell you what it is after the break. ♪ hoo-hoo. hoo-hoo...hoo-hoo. hoo-hoo hoo. sir... i'll get it together i promise... heeheehee. jimmy: ronny, how happy are folks who save hundreds of dollars switching to geico? ronny:i'd say happier than the pillsbury doughboy on his way to a baking convention. get happy. get geico. fifteen minutes could save you fifteen percent or more.

it is a fun story for you. history buffs reepiacting george washington's crossing of the delaware and folks taking on the full meaning of that experience. you are staying out here today in 30 degrees weather and imagine doing it for weeks on end. >> they don't cross and this year was awesome. >> deals like i am a war god.

>> and washington tock the british alloys by surprise with his daring attack in 1776. >> it is the end of the era in new york city. ray kelly's ten ure is drawing to a close. the commissioner had one of the most sophisticated counter terrorism forces in the world. >> uma, he was in 50 years in public services and two dozen jobs for the new york police to police and xhegz are. and questions question the cop and fric. and the policy sparked and lawsuits andening the policy was

a incoming theme of mayor bill debla so's campaign. it was blown out of porportion and done to a political campaign. and in that sense it worked and it was affective for the candidates. the question is, if policys that you put in place and reduced the number of guns on the streets, if those policys are changed, does that mope more guns and murders? >> i don't have a crystal ball. it is clear no one wants more guns and murders. and they deserve everything they can do to continue the trend that is going forward here. >> kelly's replacement said he will keep stop and frisk can retrain the officers to be more selective and respectful. and kelly is proud of his careered on crime and terrorism.

he was a commissioner when the first world trade center bombing. he established one of the most sophisticated counter terrorism units in the world. >> that threat is not going xrp. >> it is not going anywhere. it is a lity. people want to come and hurt us and they want to come to new york. and we will have to remain vigilant. >> does it worry you at all someone else will make those calls and not you? >> no, that is the way the system works. he's looking forward to the first vacation with his wife in 12 years. >> a lot of new yorkers will miss him. >> sure. >> message make over by the gop. how they are attacking on the most conservative members and the party gears up.

>> and a live report in the mideast bureau on the turmoil, stay with us. odors in your trash. neutralize them and freshen. with glad odorshield with febreze.

>> welcome back everybody. and now a time for the headlines making news the accused la shooter dew back in court for arraignment. they have indicted them on

first-degree murder. it left a tsa agent dead and three others injured. >> investigators say a fire that killed three kids in louisiana appears to it started in the living rom. a space heater likely sparked. it but there was so much damage. >> and hundreds of demonstrators calling for the resignation of a ukranian interior minister who was boaten after publishing a scatting article. >> egypt cracking down on the muslim brotherhood by declaring it a terrorist organization. that is a stunning turn of events, conner. >> reporter: gregg, it was just a few months ago muslim brotherhood was in power and winning election after election.

the move declaring them a terrorism organization is stunning. and the violence is escanalated and a thousand people were killed in the fighting tone the muslim brother hod and egyptian military backed government. there was a bomb blast and injured five people in cairo today. no one claimed responsibility. but this was a case where innocent civilians were a target. and today's violence follows an attack on the police station in the delta region that killed 15. and even though an independent al-qaeda group claims responsibility for the attack. the government said the muslim brother hod is a terrorist grouchlt mohammed morsi remains in jail and now the terror

organization said anyone connected with the muslim brotherhood can be thrown in jail with him. the military government is a cowing the morsi government being a justification for a coup. one of the reasons for the coup was to restore the country to demacy. it doesn't appear democracy will be back son. egypt is move nothing a direction that has nothing to do with stability or democracy. >> conner powell live in jerusalem. thank you. >> for more on this, joining us now. former un ambassador john bolton and joining us with the insights. great to have you here today. nglad to be with you. >> folks are wondering why now?

taking the step now to throw people in jail and directly take aim at the muslim brother hod? >> i think it is a systemic by the military government to turn the brotherhood from an open population organization and what they declared it to be a terrorist organization and facilitates the impression of the brotherhood. the brother hod assassinated anwar sada t. it is the ejepgz military has tested whether they think it will be popular support for this. those attacks on the police stations and coptic christian churches and others leave it impossible for foreign investment. >> the brother boasts a million

people in the world who are members of the organization. and it is considered one of the better run organizations of that kind to date. and yet, a lot of people within egypt are saying that the brotherhood brought about a lot of positive changes in the past apart from terrorist activities and people are feeling uneasy. >> this is a situation where there is no white hat. we had all of the progression of the arab spring democracy and result in a muslim brotherhood government and moved to a system of sharia law and the populacy voted against that. this is not long iowa land, this is oh, wa. and the brother hod, was a threat in stability in egypt.

i think it is determined not to let the brother hod come back in power. this is a classec power struggle and it will not change son. >> what will it do for foreign investment. taking steps to stabilize the country. egypt needs foreign aid and investment to recover. >> i think the vow of many ejepgzs and certainly the military. there is a prospect of brother hod and a co resource for egypt and an end of direct investment and they so it as critical to restoring the stability in the egyptian economy. we don't know. it is a interesting desigation and the brotherhood is successful over the years and

saying it is not us but former brother hood members are. it is front and center of our debate here. >> what does it to psyche of the people? >> there will be a division of opinion. my guess is the military recalibrated the repression fairly carefully. many thought he would not be in jail. and thought he would never bring morsi to trial. that's coming. and as far as we can tell, the bulk of the egyptian have accepted it. they can miscalculate. it opens up more waves to weaken

the brotherhood in the eyes of the military. and unless you so demonstrations in ta hirsquare then you have to believe that that judged the mod well. >> and do you think that by declaering the muslim brother hod a terrorist organization that it will convince law makers about being more open and sending more dollars to, egypt? >> it depends on how the obama administration reacts. i think in the obama administration particularly has been the ability to say we are not terrorist. it is all of the other people who used to be in the brother hod who were terrorist. they have a history of terrorist. and egyptian government said they are in it here. and the u.s. interest remains a strong and stable egyptian

government and uphold the intl commitments. and the peace agreement with israel and coping the suez canal open and not falling prey to radicals has happens in so many middle eastern countries. and the other snougz that can provide that is the egyptian military. >> great to so you. thank you for joining us. >> and the push by the republican establishment and business leaders create a united front. and the head of the 2014 elections and's business leader on what he believes can belished or not. >> and this. respiratory well, yeah, it looks like a pillow fight and a lot more. what it is really about coming

up next. .

>> ready set go, it is a pillow fight. ♪ this is the scene in china. the pillow fights falls around christmas time and began as a creative out let for choosing stress. a ticket to the pillow fight night costs the equivalent of 24 usd. and setting off steam in a big weigh. >> top republicans and business leaders are moving to unight the party as they gear up for the elections and present a more message and kyle harington of

harington cant captain. and you think it is a mes -- mistake to be a moderate republican, why? >> gregg, here in lies an opportunity for the republican party to harken back to the conservative values. when i say that, i am focusing on the fiscal end of things. we have lombing discussions with respect to the debt ceiling and budget talks that are for the overall united states financial health and economy. and i think that republicans have given in to the democratic law makers and legislation just to which with respect to heightening the debt seouling and budget discussions. here is an opportunity in 20 friendship for the republicans to hold thorough to conservative

fiscalness in an effort, gregg to get our balance sheet in order and our credit rating in the triple a rating and really prous professional health. nstaying conservative fiscally. and politically. isn't it upwise in >> they keep losing the election and they lost the white white and there was a net loss of two republican seats in the senate. >> do you vote and give in, in an effort to win seats or do you vote in the best interest of the people and the united states's future. and i happen that may come with defeats. but i think that the mefrn

people are looking for steadfast viulent. and i muched the interview. and i gretta interviewed them back in july. it was a fabulous example of how to stay true to what respect values are. >> yeah. let me ask you about this. a lot of the groups are gathering now to together with business leaders and the u.s. chamber of commerce. and move to the center and win election and get in power and move our principles forward. new jersey. ast last type we had loser candidates and they were recoverying to the te party candidates. and the now manra who say there are no fools on the tickets. they may be right about that.

you upon who you are talking about. the cent conidate in 20 authority lever. there is mod rate inns. and somewhere in tone where you are a compassion conservative on social issues and i mean fiscally conservative going forward. i think there is room in between and the country is looking for guidance. >> what about pushing things that appeal to working families. and for example, i understand that some of the leaders are now suggesting that we advocate for flex time hours in the work place isn't that a smart thing to do? >> i think it is, greg. it is what we are talking about

as respect to the motionate views. and i think this needs to be more leniency there and more focus on the family and about that montra we can gain momentum. >> what about making higher education more affordable. and revamping the sorely welfare of programs? social welfare programs need to be looked at in great detail. >> the social welfare issues are a big discussion ponent for our and we need not moderate but

conservative. and the doctors offer up advice on what you can do to provide better language skills and motor develop: >> we are going to reveal the numbers and let you upon what they are [ sneezes, coughs ] i'veot a big date, but my sinuses are acting up. it's te for advil cold and sinus. [ male announcer ] truth is twon't relieve all your symptoms. new alka seltzer plus-d relieves more symptoms than any other behind the counter liquid gel. oh what a relief it is.

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americans are ready to ring in the new year with a sense of optimism. look at the new poll finding 32% believing 2013 website was a be

than 2012. and while we are talking about the new year, remember you can catch the special next tuesday night beginning at 9:00 p.m. eastern. >> there is a new incentive now for mothers to nurse their babies longer. new research showing that breast feeding your baby can be tied to better language and motor skill development in babies. joining us now doctor bob lahita. this is sle pvery provocative. this is going to give people the feeling that breast feeding can make a different. >> it is going to make a

differen difference. cognitive and motor skills have been shown to improve in the journal of epidemiology. the milk that is delivered to the breasts right after the delivery of the baby. it lasts about four to six weeks has a high amount of ant body in it. it also has a lot of substances that protect infection and help nurture the baby. it doesn't lower the levels of obesity.

you find out that a lot of athletes are euchi iusing it fr. it acts as a natural protective substance. we call it a nutritional pharmaceutical. i'm told it is increasing their stamina overall. boosts the immune system. wonderful microbial benefits with that. >> has there been a recommendation letting moms know what the minimum requirement was needed. time wise you mean? i think any degree of breast feeding is of benefit.

most mothers tend to breast feed for about three months. of the 700 or so tend to breast feed for six months. they do psyche loth gic testing the baby and i think any degree of breast feeding be it for three months or six months. some believe you can do it for up to three years which i believe is a little bit much. >> it is an interesting study and one that we will be keeping a close watch on. greg? >> holiday cheer is in short supply for democrats. >> new duck dynasty drama. wait until you hear what jesse jackson is now saying about

roberts robertson's remarks. stay with us. (announcer) at scottrade, our clients trade and invest exactly how they want. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade. because i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade-proud to be ranked "best overall client experience." the day building a play set

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fox news alert now. with six days to go to the new year. less than a week for health care is supposed to begin for those who enrolled. >> we await that january 1 debut. not only are there deep concerns about the federal exchange, but how about those state exchainne? they are running into trouble causing trouble for democrats as they look ahead to the 2014 elections.

hi dou doug, what is happening the state exchanges right now? >> there is no better than the state that we are standing in right now. don't let this fool you. take for example, carole andrews, she was forced, to resign on december 6th, after the botched health care roll out here. hawaii health connecter received $200 million to set up the exchange. the website cost $53 million. the contractor, cgi the same one that set up the federal exchange. the state senate fpresident waed them not to use cgi.

only 257 got coverage through the state exchange. oregon story similar. people signed up and thought they were going to get subsidized coverage started getting robocalls. >> reporter: those calls came after governor had assured state residents that they would have insurance coverage beginning on january 1st. the governor should aprised of the situation. and if he was then shame on him for not listening to his aids. >> oregon has not been able to enroll anybody electronically.

all of those are happening via paper. >> we are seeing one of our first democrat on democrat feuds over the botched roll out in the deep blue state of maryland are we not? >> we are indeed. one of the people who was running for governor fired this off. he said that the roll out in maryland was akin to a saturday night live skit. he was the front-runner to the campaign there. he headed the state panel on health care. fewer than 4,000 people have signed up in that blue state as of the beginning of the month of december. a lot of trouble in maryland back to you. >> the stakes remain high, thank you. >> still on the same subject. two states are taking action against the states that set up

their problem websites. massachusetts withholdi ining payments now. that is the same it firm that built the problem plagued health care.gov. telling another newspaper another penny will not be spent until a functions website is delivered. the state has already improved performance. >> well, ups and fedex trying to deliver all of those delayed christmas packages to thousands of unhappy americans. both saying poor weather and overloaded systems partly to blame with leaving folks with nothing under the tree. amazon says it will hand out refunds and a $20 credit towards a purchase. all of this just ahead.

>> after spending christmas in the dark, tens of thousands of folks in the northeast still without electricity as they recover. laura engel is live in our new york city newsroom with more. what are the latest numbers? >> reporter: 27 people have lost their lives as a result of the wicked weather. most dying from carbon minoxide poisoning. 7 in the u.s. and 10 in canada. people without power have been spending their down time which is prompting public officials to be aware of those deadly fumes and fire hazards. icy roads adding to the winter

mayhem. a woman died when she ran a stoplight that was out of service when she ran an ice storm. any word on how much longer these people will be in the dark? >> some areas may not be back in action until tomorrow according to some utility companies. downed trees and snapped limbs continue to be the biggest problem working around the clock. from michigan to maine to get that juice back flowing. >> this is a special storm because of the season and it means a little bit more. it is not we want to get people onto power. it is cold, it is christmas. >> the state's largest electric utility. they have customers without power at the peak of the storm and it was the first christmas in memory that they had to cancel rvacations and call

everyone to restore power. 30,000 in canada and maine still without power. snow is falling and that could create more trouble. >> laura, thank you. >> well the controversy surrounding anti-gay comments is far from over. phil robertson has been suspended by a & e since making those remarks. jesse jackson has compared him to the bus drive r who ordered rosa parks to give up here seat. trace what can you tell us. >> reporter: it interesting. so far a&e has not responded to what reverend jackson said.

then jackson urged a&e to keep robertson on hiatus. and he urged them to meet with the rainbow push group within 72 hours. the network hasn't returned our calls either. cracker barrel which pulled the merchandise from the stores and put it back up. they didn't know about jackson's comments until we emailed those comments. we are supposed to get a statement from them shortly. the reverend jackson trying to push it. twitter has unblocked any posts

that can into istandwithphil.com. the organization faith driven consumer is behind it. listen to them. >> i think it sends a clear message that a&e while they differ with phil on opinion. and their culture is different than his. they recognize that it is a money maker for them. >> it is important to note that while all of this is going on, "duck dynasty" is still airing. no sign that it is being pulled off the air right now. >> it is a bis after all. and we'll have a fair and balanced debeat acoming up late in the hour. >> a rescue mission is underway

off the coast of antarctica raising through a blizzard to try and reach a trapped cruise ship. >> a set of new deadlines adding to the confusion over obama care. why the cut off date to paid depends on where you live and the insurance company of where you choose. target leading to angry shoppers. is target at fault here or is that like when burglars break into the vault. >> i pay cash. i pay in cash. >> all right. >> i think that is not a problem.

a little girl who had been suffering from a terminal

illness. has lost her battle with leukemia. he got support outside her home in west reading fulfilling her last wish for a large holiday sing along. reaction from grieving neighbors. we were upset about it. she was a sweet little girl and um, i don't have words. she showed what it was from start to finish and we were with them the whole way. i think she has made a bigger impact than she knows. last friday it was her 8th birthday. >> switching gear s now. if you managed to sign up for obama care. you still have time to pay for

your plan. even if you didn't sign up but tried you have a chance to file an appeal for coverage. that is six days away. great to have you here today thank you for joining us. this is one big mess and confusing for people trying to figure out if they are going to make the deadline. what is your take on this? >> part of the confusion is every state has it's own deadline. there are 36 states under the federal exchange and the deadline has been extended to january 10th to pay and receive retro active coverage. each state has it's own deadline. vermont is january 7th, oregon and connecticut are the 16th. you have the tenth for other

states. consumers need to be careful to figure out which state they are in and which deadline will apply to them. say you live in virginia and you work in dc the deadlines are different. if you go to get medical care and you think you have coverage but you didn't sign up on time you won't get the retro active coverage. you could be stuck paying the bill yourself. it is rolling deadlines that are going to add to the confusion. we are going to start hearing stories from people who said they thought they had coverage and learned later that they dinn didn't. >> the problem here is accountability. where are consumers autop s sup turn. they say they don't have you covered. we thought it was being taken

care of by the obama care plan what are youing to do about this? >> that is a great question. i think everyone is wondering what is going to happen to the consumers who think they have coverage but find out they don't. all along they are providing a grace period for people or escaping the tax penalty. now the question becomes, a bigger question and a more expensive question. you are talking about serious costs here. somebody gets injured or needs a big operation, you could be asking the insurance company to say look, i thought i was signed up but i wasn't. >> you can see potential lawsuits being filed. if people are having a hard time figuring who is accountable. this is going to lead to bigger problems. it could. the administration has been counting on the big health

insurers to provide the grace period. if someone is needing that kind of care and didn't get signed up but thought they did. is the administration going to count on the insurance company to provide that retro active coverage? that is a huge question mark and something that everyone is going to pay close attention to in january. >> the administration saying they have seen a surge in the number of folks signing up in january. we still don't know if those folks are enrolling or paid and what happens to the foetlks who thought they paid and don't get the coverage how is this going to shake itself out over the next month or so? are we going to see a crazy scenario playing out over the next several weeks? >> there are questions that

everyone is going to be asking. whether or not the back end of health care.gov so that people who signed up made it through the website. so when they go to see their doctor are they going to say you signed up but you don't have coverage. there is a question of people who never made it through at all and lost the coverage that they thought they had because it didn't meet the benefits of bicyc obama care. we have people with or without coverage. will there be more people in 2013 versus 2014? they will be looking toward the obama administration to see if they achieve that goal in 2014. it is a really big question and how will this shake out? that is a really big question.

will people be scrambling around? will there be people stuck paying bills? january is going to be an interesting month when it comes to analyzing how well the health care is working. >> all right susan, great to see you thank you for joining us. >> as 2013 draws to a close. political insiders looking ahead to the 2016 race for the white house. to the dark horse candidates, the details in a live report. >> ref raverendreverend jesse j. weighing into the duck dynasty controversy. stay with us. female announcer: get beautyrest, posturepedic,

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we have news from mcdonald's which is shutting down it's employee website. the last straw turned out to be a posting which included advice to staff members to avoid eating fast food. who really stands out this early on? peter ducy is live in washington with the story. what is the significant of that?

>> it may create a stronger candidate. >> people assume that a hard fight hurts a party. it does not necessarily do so. think of when john mccain had a tough fight. we assume too much. even though she is way ahead in every poll right now. they doubt that hillary clinton is going to run unopposed. he likes d s brian schweitzer t come in and shake things up. >> what other kinds of variables are the experts looking at?

outsiders are significant. >> there are millions of dollars floating out in political money that may want to influence it. most important to a campaign who the third party or parties will be against. >> the latest poll in pennsylvania which is a big swing state shows how close a clinton christie race will be. >> very interesting. peter. thank you very much. >> well millions of target shoppers targeting eidentity thieves. our legal panel will be weighing

in on this. ups and fedex and how customers are coping. i've got a big date, but my sinuses are acting up. it's time for advil ld and sinus. [ male announcer ] truth is that won't relieve all your symptoms. hmm? [ male annouer ] new alka seltzer plus-d reliev more symptoms than any other behind the counter liquid gel. thanks for the tip. [ male announcer ] no problem. oh...a hair products. aisle 9. [ inhales deeply ] oh what a relief it is. ♪

s. not news alert the suspect pleading not guilty there he is

paul anty knee ciancia entering his plea today. the trial is set for february 11th in los angeles. why federal he killed allegedly a tsa officer and that is a federal employee and thus federal court. the death penalty is eligible in this case upon conviction. >> he is asking president obama to negotiate his release. he was working in afghanstan as a contract ter when he was

abducted from his home. >> the man approached a southwest jet that had just landed and hit the plane's engine. utilities are racing to restore the power now from more than 100 homes. power will not be restored to everybody until at least friday. >> well, it wasn't the grinch that stole a lot of christmas presents this year. it was ups and fedex failing to deliver them. especially with last minute gifts where consumers were guaranteed delivery before christmas and nothing showed up under the tree. here with us is elizabeth mcdonald. this is one big nightmare for

those companies, i'll tell you. it looks like nearly one dozen states saw shipments delayed. the gifts did not arrive on time. ups did say that the air package delivery was over whelmed citing weather and online delivery. citing orders that didn't come into the system on time. customers were piling into the system to make online orders. ups is saying that all employees are out making deliveries today. >> what are they doing to comfort the consumers who are upset about this? >> it is interesting.

fedex is saying that they are seeing no major service disruptions. they are manning are planning t shipping charges to customers. amazon is giving out $20 gift cards and going to give refunds to guaranteed shipments but also saying that they are reviewing the performance of the carriers. they are seeing $80 billion of online sales happening. it was a shorter shopping season between thanksgiving and christmas. we are going to see the packages delivered by today or tomorrow. but shipping refunds and gift cards. back to you guys. >> that will calm things down a bit. all right thank you for joining us today. >> well things could be going

from bad to worse for the 40 million shoppers caught in that massive data breach caught at target. pin numbers for debit and credit cards may have been stolen. target denies that report this comes amid several lawsuits filed against the retailer with more likely to follow. we are joined now by keith and david oath attorneys. for plaintiffs to prevail in a negligence lawsuit. they are going to have to prove that target failed to meet the standard to protect consumers with reasonable business. what is the answer to that? >> the facts are such that we don't know the answer yet but that is something that they can use to play hard ball. they can say we took steps

necessary to prevent the cyber attack. in many jurisdictions if not most that will cut off liability so target can use that in negotiating a settlement. in the pr arena this is such a disaster they are going to have to come forth with some type of settlement. the standard of industry is not just the united states. but security globally. in europe they use these chips that are imbedded in cars. in the united states it is old school here, the magnetic strips and that is where they got the data. that is not the standard anymore not the strip. >> in and of itself it is not proof but it is something that the courts will factor in. i'm bringing the banks into this

as well. they are the ones who start that chain for the credit card from the various lending institutions. and one of the security experts of this networks said it best. we are using 20th century technology to combat 20th century thieves. from a threat assessment they need to be most concerned about not about the litigant's lawsuit but their damages are well into the millions and that allowed fraudulent charges to be piled up. you don't get charged for it. it is absorbed by the company and so if target in dem anyfies

the people and if the credit information is used illegally what other damages are there? if customers don't have a monetary loss are there damages? >> there is going to be a class action suit as well. if you have damages, you may not want to join that class action that will end up being ining $2 card. everybody knows who gets a jim membership, your water and power bill auto debited out of your account. when you loose or your credit card information changes, everything go es haywire. it creates issues in your life. that is going to be part of many suits i image. the emotional distress that is associated with it.

a hacker wants to go to town they can make your life miserable. so there is that aspect of damages in this case. but you know these class action lawsuits, the lawyers win and the customers win. >> they are going to get a check and it is going to cost 40 cents to mail the check to them. there was a filing in california and california is one of the rare states that deviates from the common law said that you could not claim promotion al distress and it has expanded that statute. one of those may fit into this category here. what about that? >> greg, i might remind you, you are as well. here is the thing.

now you have a different job. that is true but going to court and proving emotional damages isn't going to happen. there is not going to be a jury trial. i love target. i have four kids i spend a lot of time there. i hope they settle it and i hope they get over it. i hope they can establish trust in that firm i think it will be settled and emotional damage probably won't be part of it. i think everybody assumes that target did something wrong here. i said blaming target, maybe it is a little bit like blaming the bank when high-tech thieves or burglars are in a top notch bank vault. you can't be lost in the story line that target is a victim of crime. but the question comes down to during the course of discovery,

did they do enough in the latest security systems. if they weren't they are going to be held liable. >> maybe the silver lining in this is, it is a make up call to all stores and have card companies and banks. stop using the strip on the back and convert to the chips. >> update the technology and avad this. >> keith and david. thank you so much. >> a race to rescue a cruise ship trapped by ice near the bottom of the world. >> plus ramping up the racial politics as reverend jesse jackson drags a civil rights icon into the debate. stay with us.

welcome back. the reverend jesse jackson steps into the duck dynasty debate

comparing phil robertson to the bus driver who told rosa parks to move to the back of the bus. his statement: >> welcome to both of you. we have jesse jackson stepping into this. he is give iing comments to mee with them. >> it is notprising that he is injecting himself into this.

there is no controversy. phil robertson did not break a law, he expressed his view about his faith about homosexuality. he used anatomical comments that made it disturbing to people. he is not crying to create outrage for people who are homo sexual. he was asked questions and gave an honest answer. reverend jackson is comparing that to acts of segregation. that is absurd and this is where you see the left trying to make more of it than what i think it deserves. i'm going to agree with tony. >> can i do that? >> a gree with reverend jackson's conclusion but not the

argument. i think the state sponsored segregation of the south -- what reverend jackson is doing is calling attention to the fact that a very popular cable station is airing this show and bringing to light this individual's issues and believ s beliefs which we have to question should we be supporting a station that is supporting these beliefs. >> let's make something clear. phil robertson did not make these comments on the show. this was during an interview with "gq magazine". they entered into this very profitable agreement for the network understanding that people in america liked what they represented. they pray every night together as a family.

so now to express outrage that phil robertson holds true to him something that most religious people of faith believe is to me, awkward that they are going to put him on a suspension because he expressed probably what everybody assumed he already believed. >> white privilege trying to draw people into feeling that this is more of a racial problem as opposed to thinking that this is about free speech. >> there is white privilege and raci racism. having said that. i agree that his comments were his and he is free to make them. i think what reverend jackson is doing. if they are going to give you this platform. let's talk more about this. but, let's have a & e be held

accountable that they are airing out this individual's beliefs and giving out a platform. i also believe that if the network decides that they want to pull the show all together. >> which would be foolish all together. they have a right to do it. but what i think is also an important question how much did they know about this background and beliefs before they gave him the program? >> i think they new exactly what they were doing. >> but what he touches on is important. there is no doubt that our society has evolved on gay issues. president obama evolved from being against it to being for it. the african-american clergy has been -- 48% of african-americans

opposed gay marriage. the fact that they are trying to make it about making him about a modern day archie bunker. >> i have to -- >> you cannot equate the two. because african-americans have had their rights violated. whatever we feel privately. we are not going to have a platform to air that publicly. what you see african-americans doing on television and so forth. whatever platform we have, we are not going out there and saying -- >> all right. >> i got to jum in guys. >> that is going to have to be the last word on this. but i appreciate you coming in and weighing in on this latest element that is going on right now. >> a ship with dozens people

onboard stuck in the ice we'll have the latest on the rescue mission. we will be right back. i take prilosec otc each morning for my frequent heartburn. because you can't beat zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years.

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the ship carrying 74 people trapped in ice and stranded off the coast of antarctica. three icebreaking vessels rushing to help rescue those stranded onboard. john honey hunt is live in new york city. how dangerous is this for those on board? >> for the 74 people on board, greg, there isn't any immediate danger in the sense they have plenty of food and other supplies at the moment, we're told, but they're clearly in an uncomfortable situation. that is video shot by a scientist from the deck of the ship, and when you listen to that you can hear the winds gusting up to 50 miles-per-hour.

professor chris turney turned the camera on himself to explain their predicament. listen here. >> the vessel has not moved for the last two days and we're surrounded by sea ice. we can't get through. the vessel is perfectly safe but we can't make passage forward. >> there that's a hearty bunch there. a bunch of tourists as well but they knew they weren't signing up for a carnival kreutz, which can be its own adventure. and while their stuck there, greg, they're just simply carrying out some extra scientific research, having a good time. >> wouldn't call antarctica a cruise. what happens now? >> the ship can't actually move in either direction right now. it has a reinforced hull, but it's not strong enough to break the sheets of iced that closed in around it. so right now, three icebreakers oren the way to its position. that ship is about 100 miles east now of the french-based

vessel. you see on the map. a french icebreaker, chinese one and an australian icebreaker. it's about 9:00 a.m. right now. just coming up to 9:00 a.m., friday morning in antarctica, and we are told, greg, that first of those icebreakers should get in 12 hours. so that's an adventure that should end fairly soon. >> you'll keep an eye on it. thank you so much. >> an american believed to be captive for al qaeda for the past two years now speaking out in a newly released video, directing his remarks to the president. saying he feels abandoned by the american government. ahead, what else he is saying to president obama. pp ÷ó

♪ sing polly wolly doodle all the day ♪ ♪ hah

>> was santa good to you? >> very good. lots of presents. so did my daughter. and that's what it's all about.

>> the best time i had was shopping with my kids. togetherness and fun of all of that. >> it's great. >> that does it for us. thank you for watching. shepard smith reporting starts right now. >> i am harris faulkner in for shepard smith. at 3:00 p.m. eastern, ups, the company's motto is, what can brown do for you? well, you could deliver the christmas presents on time. disappointment and anger as thousands of gifts are late. ups and fedex promising they will be delivered today or tomorrow. ups says they brought to extra workers to south out the delayed packagings. both companies blame bad weather and overleadded systems. >> many of you are still waiting to get a package, and you're talking about it on social media. according to