o'reilly. please remember, the spin stops right here because we are always looking out for you. developing tonight, reports of new obamacare fees just days away in the new year. welcome to "the kelly file." i'm in for megyn kelly. coming up tonight -- >> the e-mail from the white house. what it blamed for all the problems this year. plus, out for delivery? >> i told them how do you tell a #-year-old she's not getting her present? >> what kept frents from being wrapped and under the tree. and the duck controversy. reverence jackson weighs in. what he's comparing it to. >> announcer: from the world

headquarters of fox news it's "the kelly file." >> new analysis of the health care exchange showing more than half of the counties using the exchange lack affordable health care plans according to the government's own definition of affordable. hello and welcome. the counties lacking even an affordable bronze plan for 40-year-old couples making too much to qualify for financial assistance. if you're a 50-year-old who doesn't qualify for a subsidy, more than a third of the counties don't offer an affordable individual plan in any of the four tiers of plans. bronze, silver, gold, and certainly not platinum. the price of the health care plans is a shock to many, especially since the new total of cancelled health insurance plans is reportedly now at well over 6 million peop the country. several new obamacare fees and taxes are expected to hit americans in the coming new year as well.

let's talk about it with our fox news digital politics editor and host of power play on fox news.com. good to see you. >> merry christmas. >> you as well. it's called the affordable care act but this is raising a lot of questions. >> it depends on how you define and for whom you define affordable care act. it's affordable for those individuals who had no insurance before. for the target audience for this law, those individuals who had no insurance and make just a little bit over or 200% over the poverty line, say. there are good deals out there. what they don't talk about and this is why democrats are in dire condition now with the electorate. this is shaping up to be a disaster. we are seeing it in the first wave of the cancelled plans.

when folks go in they have been able to get through the unintentional firewall the government called health care.gov. they find out what's available isn't affordable for them. >> we are learning about more fees and taxes. there were those who said, you had to pass it to find out what's in it and get away from the fog of controversy. you and i and others are four years into covering this thing as it was passed, came together, rolled out. there are things i'm hearing about now -- fees and taxes i never heard of before. they are pretty significant. from what we hear insurance companies are are quietly putting them into statements. we have an example that this looks at an example out of alabama. they are spelling out on the statement essentially to the person paying the bill what it will be. these fees and taxes add $23 and change a month. it's almost $278 a year and the monthly premium goes from $322 to $345. those are just the fees and

taxes. >> do you remember what they did with the budget deal the president signed? they said, we are t not going to raise taxes. this was the paul ryan, patty murray plan they put through. >> there are fees. >> when you go to buy an airline ticket you will pay more. what the health law does is in places where they didn't want tax increases they called them fees. what's ironic -- well, it's a fact of life under obamacare. as a condition of being alive in america te'o must carry health insurance. that's the law. once you are compelled to have insurance the user fees from the federal government go into play. that's a tax, right? >> sounds like it. let's ask the supreme court. they have an interesting way of defining it. there were critics who explained things, at least their

predictions about what would happen. for all of us when it shows up in our wallet and mailbox and affects if we can see the doctor. if our children can see the doctors we are comfortable with, people wake up. with the new change in fees, with new prices, people finding out there may not be options for them that they can't afford. how much do you think the resentment because we see it every month. when it becomes real january 2014 and then the employer mandate a year later. >> that's what we are talking about. over the year to come in 2014 which happens to be a fairly consequential midterm cycle. over the course of 2014 this has been the outer bandwidth of the shock wave from obamacare we are seeing now this will be rippling across. the point of the t law is to take from those who have insurance to give to those who

don't. as it remains to people who get insurance through employers it will be disruptive and that will relate to substantial changes over at the capitol. do you think there was any understanding of how many people would lose and this sounds like a redistribution. take costs away. distribute them elsewhere. it will cost other people more. that's what it sounds like. >> when you are talking about it at the think tank, chewing the fat. talking about it over mart aini it sounds fine. over two and a half years, you have to face the backlash. politicians aren't good at dealing with consequences. >> you mentioned 2014. a big year. i want to mention a poll out from cnn that now flips what we have seen over the last couple of months. a big shift for congressional republicans going ahead of

democrats. how people are talking about floating. >> republicans have to be about tied in a poll like that to win seat this is congress to be ahead. that means democrats are in for another shellacking. >> it will be an interesting year. i'm glad you are along. >> heck yeah. >> happy new year. >> happy new year. >> customers areal calling it the worst christmas ever as u.p.s. and fedex, the largest package shippers are scrambling to deliver delayed christmas gifts. trace gallagher has an update. hi, trace. >> hey. you know the weather played a part in this. but the biggest factor in the gifts not being delivered by christmas was the huge surge in online shopping in recent weeks. for example, just this last weekend alone retail analysts say online shopping was up as much as 37% just last weekend over the last year.

that puts strain on the retailers. fedex got grief and complaints. most of the anger was aimed very much at u.p.s. for missing the deadlines. u.p.s. said the volume of air packages exceeded the network as the demand was greater than the forecasts resulting in shipments being delayed. u.p.s. noted that amazon was late getting them the packages to ship in the first place. but in a statement, amazon pointed the finger back at u.p.s. saying, quoting, we are reviewing the performance of the t delivery carriers. we refunded any shipping charges associated with impacted shipments in addition to a $20 gift card. kohl's vowed to pay for late packages and issued an apology. that wasn't enough for some peel. listen. >> she told me, oh, you can get

it tonight. i called at 8:00. they said, cut off was 5:00. you won't get it until the 26th. so i have a 10-year-old thinking santa didn't bring his tablet. >> online orders may be up 15% total this year. despite fumbleses by u.p.s. and fedex they say this is a big victory. listen. >> they may lose money on a few packages. they have to give back the delivery fee. but 99% of what they have picked up they are being paid for. >> so christmas is extended for some this year. but the malls weren't that crowded because everybody shopped online. >> i have had a package i have been tracking since the 23rd. it's been out for delivery since then. we'll see. thank you. breaking news, we are monitoring a news conference now. the family of a 13-year-old girl

declared brain dead after her tonsils were removed are now speaking. we'll bring you developments as we get them. also as an american man kidnapped by al qaeda makes what appears to be a new plea to the president to please help with his release. an update on "duck dynasty" patriarch phil robinson. his critics have been anything but quiet. we'll tell you about the civile and bring you the latest with the rest of the clan. stay tuned. >> after 50 years i have learned the art to be oblivious to chatter. i can turn it off and not hear a word.

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strong words and finger pointing from a senior white house adviser suggesting lawmakers need to learn from grid lock and focus on helping the americans who suffered as a result. an e-mail from dan fiefr reads while the politics in washington can be frustrating and change takes time that's no excuse for the inaction. critics say the white house shouldn't assign the blame to lawmakers on capitol hill. who should get the blame? let's talk about it with chris plante who spent a decade covering national security and alan katie holmcombs, host on f. oop oom. >> merry christmas.

>> merry christmas. i'm not afraid to say it. >> proud and happy to say merry christmas to you both. i will start with you, alan. what do you make of this? dan pfeiffer outlines a number of things and says don't let grid lock get you down. >> why wouldn't he say we'll do better? the grid loik is the problem. you may talk about the president having low numbers. but congress has an 8% approval rating. the lowest ever. an orc poll shows 73% of americans believe it is a do nothing congress. two-thirds say it is the worst in their lifetime. >> it is interesting that we have pulling out fox, cnn, others that when you break down congress republicans have the upper hand. whether it lasts through the midterm election, it is a long time away. in politics a lifetime. people may hate congress but

they hate the republicans slightly less. >> it was another interesting poll out last week that found 72% of americans feel that big government is the biggest problem facing americans going forward in the future. that's something that president obama can take responsibility for, too. as for the e-mail by dan this is classic washington stouf. the white house continues to disassociate itself with itself. with its own record and president obama's presidency. they can complain about grid lock this washington. president obama is at the hub of the wheel, the center of the process. he's responsible to a large extent for the process. he is the most polarizing president we have had in modern times. he leads from behind. he hasn't gotten anything done but obamacare and it is a debacle. his foreign policy is a debacle, too. >> how can you say he's done novembering? he -- nothing? he saved the auto industry,

killed al qaeda leaders, got bin laden. by the way, this is what republicans say they want. states have the opportunity to have exchanges. local control. the blue states have actually followed along and have done better in terms of registering people and the red states are doing a disservice by not doing what obamacare called for. local state control where they are not participating. it's hurting their people. >> alan it's been a rough roll out. >> i don't have to admit anything. >> you are not under oath. but we are not just talking health care.gov. this is people getting notices in the mail telling them, you don't have a policy anymore though the president with knowledge of the consequences said you get to keep your doctor, period. >> the other side of the story is we heard you can't save your doctor for weeks. as we are approaching the new year more people are signing up. 2 million sign-ups now.

it's increasing every day. some states have more sign-ups in the last two days than in the last two months. >> let's keep noting in the first block of the show that we are now at 6 million cancelled. >> exactly. you can claim the numbers and the numbers are really questionable in the first place. who signed up, how many have gone to medicaid? how many have paid for it? how many have been faked out and think they have insurance but don't. i wouldn't go around laying claim to impressive numbers here. as for the president bailing out gm it cost us $10 billion. >> no, it didn't. >> what do you mean? >> it created hundreds of thousands of jobs without which the jobs numbers would be a lot less. >> he created jobs -- >> first of all, he's not creating jobs. >> 92 million people are no

longer count ed. >> 150,000 jobs a month. >> i won't speak for chris, but get the numbers from the bureau of labor statistics. we have to leave it there. you did both say merry christmas. so we'll count that. >> merry christmas. >> merry christmas. >> happy new year. >> happy boxing day. >> thank you. breaking now, we continue to follow the story of the family of a 13-year-old girl declared brain dead after a surgery for tonsils. her family is fighting to save her life, which is what they believe they are doing. they are having a press conference. we'll tell you about the developments. there is potentially a big move here after the break. and a troubling headline from over seas after a pair of twin bombings in iraq on

christmas day revealing how dangerous things are for christians. they are dwindling in numbers in the middle east. a top wall street adviser says you should have gones and ammunition in case of a financial disaster. that's next. ♪ [ male announcer ] they are a glowing example of what it means to the best. and at this special time of year, they shine even brighter. come to the winter event and get the merces-benz you've always wished for, now for an exceptional price. [ santa ] ho, ho, ho, ho! [ male announcer ] lease e 2014 e350 for $579 a month at your local mercedes-benz dealer.

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what? >> castle keep in medieval times. >> any phone line not connected to the house's main line. the surveillance monitors encompass nearly every corner of the house. >> what keeps someone from prying open the door? >> thick steel. >> you may not need a panic room, but one top financial

adviser is recommending this. that you have a bug out bag. it includes a gun, ammunition, and all of this is in case of a financial apocalypse. trace has more. >> david morata is a well known, respected financial adviser. when he says to get a survival kit that includes a gun it raises eyebrows. he's not predicting armageddon. he's saying that he and some of the clients have seen troublesing signs in the economy. he says that concerns him and it is all about trusting government. listen. >> between the nsa, tsa, obamacare, the growing deficit, entitlement spending, rising taxes and all of that there is a

lot less support for the government. >> they have gone on for a perfect storm. the common denominator he finds troubling is that people could be out of jobs. listen again. >> in the case of unemployment you have more civil unrest. i think l.a. knows what civil unrest when people are unemployed and they are not financially engaged this the economy looks like. that can happen precipitously in any country. in any city. >> talking about the l.a. rites. he says we are likely to see a gradual european-style decline and not a sudden crash to turn society upside down. he says better to be prepared. in the case of a natural disaster you should have a survival kit with with a gun so you can fend for yourself. better safe than sorry philosophy. not a lot of financial advisers saying to grab a survival kit

and get ready for what's coming. >> no. i have running shoes and bottled water. that's as far as i have gotten. others are probably taking the advice. thank you. the president has enrolled in obamacare but he didn't actually do it himself and he didn't do it via the website. the president relate to the millions of frustrated americans who are trying to run the gauntlet? plus, an american man kidnapped by al qaeda issues a new plea for his release. we'll bring you the latest on the case and look at the christmas day bombings highlighting the continued danger for christians in the middle east. breaking news this hour in the fight over a girl that was determined brain dead after a routine surgery. the family has spoken out. what they say could be their miracle. this holidayen is.

breaking tonight the family of the teen declared brain dead after complications from a routine surgery just out speaking in a news conference moments ago. trace has the latest. >> you have to remember that this 13-year-old has under gone three brain scans. they have all shown no brain activity at all. what happened is a court up in bay area ruled as of 5:00 next monday children's hospital in oakland can take her off life support at 5:00 p.m. well now the family comes out saying they think they have a reprieve because they have found a care facility in the bay area that is willing to take her and put her on life support and hopefully see what happens after that. again she's been declared brain dead. listen a short time ago to the

uncle of this girl at a news conference. play this. >> my family all huddled around upstairs, shared stories and a lot of prayers. actually had some smiles and laughter up there. still hoping for a miracle. it looks like we may have gotten one. we have found a place that is willing to take her away from children's hospital and care for her. right now we are just asking children's hospital to work with us on the minor details of getting that to happen. as of right now it looks like we may have found a miracle to keep her alive and give her another fighting chance to wake up. >> so you heard the family say they are vowing to keep her alive. they said they hope children's hospital can help them work out the details. the details are as follows. this urgent care facility that's willing to take her will not take her without her having a tracheostomy and a feeding tube

in place. so children's hospital has to agree to give her a tracheostomy or a feeding tube or allow an o outside doctor to do it. this has to happen before 5:00 on monday night because that apparently is the deadline. the family believes there is hope. they want to move her to a different facility and now it appears that may very well happen. >> trace, thank you very much for the update. we'll keep an eye on that. an american man kidnapped abroad is making a plea to the president to negotiate his release. warren weinstein taken by al qaeda more than two years ago. now he says he's feeling totally abandoned by his country and the commander in chief. chief white house correspondent ed henry reports.

>> good evening. a desperate plea for help really in this new video. a 72-year-old warren weinstein who's been missing in eastern pakistan for over two years now. these hauntingages of weanstein looking tired and pale. now looking for the white house to negotiate his release saying unless you can't continue to try to get president obama and his administration to pursue my release we may never see each other again. officials said they will not negotiate with al qaeda. today the spokesperson added to fox news we are working hard to authenticate the report. but warren weinstein should be released to his family. what's interesting is today in hawaii the president didn't comment on the case. he signed into law the defense authorization bill that funds military operations for the next

year. he spent part of christmas thanking u.s. marines based in hawaii. the latest crisis a fresh reminder of security challenges that await the president from the uncertainty throughout the middle east. places like syria, egypt to the deadly violence that flared up this week in south sedan leading the u.s. to move a platoon closer to the line of fire. administration officials noted for the first time they have gotten syria to turn over some of the chemical weapons. they are hopeful oh of a nuclear deal with iran to make the world safer but top fellow democrats like chuck schumer and bob menendez are defying the president by pushing for more sanctions against iran. >> thank you very much. joing us for more on this former foreign policy adviser to mitt romney and former adviser to the u.s. ambassador to the united nations. good to see you.

>> thanks for having me. >> what do you make of this situation? you watch the video, it's 13 minutes long. you never know what duress is going on. certainly the facts are the facts. this man says he went to pakistan because he wanted to help his government. now feels his government has nothing to do with helping him. >> well, when you watch the video it is heart breaking. your heart breaks for not only him but his family. yet the obama administration is doing the right thing. we cannot negotiate with al qaeda. by negotiating with terrorist groups you encourage them to take americans. so by negotiating at all you really create a dynamic where all of our national security is diminished. what needs to happen is exactly what the obama team is doing -- calling for his immediate release. they are not negotiating. however, what we have to hope is

that they are negotiating with the pakistani government or more importantly putting pressure on the pakistani government to get involved and do something. what we know is the pakistani government is terrible at saying one thing and doing another. they are not consistent. we have seen it in the bin laden case where they pretended they didn't know but the evidence shows they knew where he was but didn't want to fight with the groups within pakistan. >> a delicate situation. want to turn to another international headline this week. another troubling headline from overseas on christmas. a pair of twin bombings killing some 37 people in iraq on christmas day. these were targeted attacks. we believe specifically on a christian neighborhood and a mass at a catholic church. i will say the administration is taking heat for not being as outspoken and protective as they should have been for attacks in syria and elsewhere. they did respond on this attack

saying the u.s. embassy condemns the the attacks in baghdad. the targeted christians celebrating christmas saying they are committed to the partnership with the with government of iraq trying to stop them but there are many authorities and world leaders across the planet saying christians in the middle east, their days are numbered essentially. >> they have been targeted throughout all of the middle east, as you point out. it's getting worse. but specifically let's the talk about iraq where this happened. 400 people have been killed in iraqed this month alone. 8,000 this year. the situation in iraq has really become a terrible downward spiral. we've got to fix it. we have to figure out a way after all of the sacrifice we made during iraq freedom. it's just sad the obama team wasn't able to put in place a

status of forces agreement so we could have a small contingency of american troops in iraq to make sure that these types of situations do not happen. >> do you have fears we may face a similar situation in afghanistan where, again, there is a deal that's been negotiated but the u.s. can't seem to get president karzai for a few months until the next round of elections, can't get him to sign on. >> this administration has been terrible at negotiation with iran, syria, afghanistan. but i have to say the more important country is iraq. i don't care what the obama team tells us. afghanistan has been not strategic for the united states. but iraq was very strategic. if you had american troops sitting in iraq it certainly would have been a better situation for the syria crisis as well as our negotiations with iran.

>> rick, i have to say it's great to see you looking good and healthy. we wish you the best for 2014. >> thank you very much. i got some hair back. >> you do. it looks fabulous. thanks, rick. >> thanks, shannon. >> coming up, the bizarre punishment for a criminal. you will be shaking head. and why it might remind you of this. and the big christmas headache. some people still waiting for packages to arrive. what caused this so-called perfect storm. >> i told him how do you tell a 6-year-old she's not getting her present for christmas. f the sub. you can separate runwayridi. from fason that flies off the shelves. and you...rent from tional. because only national lets y choose a car in the aisle... and go. you can even take a full-size or above,nd still pay the mid-size price.

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the white house says it is symbolic but the president didn't even sign himself up for obamacare because health care.gov couldn't server tie his identity. does he know how frustrating it is for americans to go through the process? white house officials saying mr. obama's information isn't in databases due to security reasons so aides signed him up while he vacationed in hawaii. david webb, coparty of tea party 365. julie r sarks zinski and arthur idalla, a fox news legal analyst. >> great to see you. >> merry christmas. >> merry christmas. you guys, we could have had you in a chorus. >> we were rehearsing in the

newsroom. >> impressive. david, should we make a big deal about the president not signing up himself? we know he has topnotch physicians at his beck and call all the time. why bother to sign up? >> why bother? it's a fruitless gesture. i thought the site was secure. so shouldn't the president's data be secure in the obamacare website? that aside i'm concerned about americans who may want to use obamacare. we talk about people having trouble signing up, millions losing health care. what about people on january 1 or depending on the state, whichever has been extended. multiple deadlines within the state that may not be able to use obamacare. alan gray a grayson said republicans want you to die quickly. with obamacare, please, america don't get sick. it is hope and fate that you don't get sick. you may need to use this system. >> julie, we talked about the

report earlier in the show by usa today. their analysis of the plans in every state saying in a lot of places there is nothing defined as affordable by the government. was this not well thought out? are there ways to rectify it or is this going to implode? >> it's not going to implode. you have an article in the new york times that lays out the facts that republican senators are coming around to the belief it is impossible to repeal this. it's under way. millions have already signed up. millions more will before the march deadline. you can't repeal it. you have to live with it. is it perfect? absolutely not. will it provide access to millions of people to get affordable health care who otherwise couldn't have gotten it? absolutely. that's the difference here. >> and so the issue drk. >> whoa, whoa. >> bank needs 60,000 people to sign up on a daily basis. how many signed up in oregon, in

hawaii? >> how many people have signed up in california? how many people signed up in new york? you can cherry pick all you want. the reality is the bill is a fact and you can't repeal it. too late. >> i want to ask about something to the point of t not repealing the law. the president makes sweeping changes. other members of the t administration via a speech, a blog post. they are making massive changes to the law without going through congress. >> let me back up. the whole thing ant about the president signing up is ridiculous. you're an attorney. you cover the law. cover realitiment this is a farce. he signed up. he's in hawaii. someone else signed up for him. he doesn't need the coverage. he has great coverage. he'll pay $400 a month through the course of presidency just as a gesture? it's ridiculous. the fact that he's doing it without congress's approval is

what he wants to be the identity of his presidency. bill clinton tried it 25 years ago or however many years ago it was and failed. obama got the first part through but in my opinion, if this is his legacy it's a rough legacy for him. >> stick around. we want to pivot to a new topic. a montana judge issuing a bizarre bart simpson-style punishment to a man convicted of punching his girlfriend. he fractured her skull in three places. the 27-year-old felon has been in and out of trouble with the courts the last decade. a judge ordered this man to write the phrase "boys do not hit girls" 5,000 times. this on top of the eight-year prison sentence. violations, run in s with the law. sounds like something you have heard before from "the simpsons." bart writing out his punishment on the classroom blackboard ment sometimes funny things there. nothing funny about this.

the guy was with sentenced to six months in jail for this offense. but also this writing assignment. julie, does it in some way diminish what happened here? >> i would have said real men don't hit women. he's 27 years old. hardly a boy and she's hardly a girl. the woman had a fractured face, was seeing double. he only got 6 months for the hitting which to me is incomprehensible. that's all he got. but it brings attention to this to some extent. the guy instead of having the sentences written out like bart simpson should have had a tougher sentence. it's not his first offense. he's a repeated felon. the fact that he beat this woman's face, he deserves more than six months in my opinion. >> my understanding is this judge who meted this out is the same judge who viewers of fox

news are familiar with. he sentenced a child rapist, a man who had sex with a 14-year-old girl who later committed suicide to 30 days in prison. he has a unique view of the legal system. >> here are the facts. the facts are the case went to trial. the assault case, punching in the face went to trial and a jury found him not guilty of felony assault. he would have been facing a hundred years in jail. he was only found guilty of the lesser. so six months was the most he could give him. as a poke in the eye he said, you have until may to the write down 5,000 times and send it to me. he went to him on another case for resentencing for a 2003 crime and maxed him out t at eight years. the judge took a heavy-handed approach to sentencing this guy.

>> there was another judge involved there. bu this guy has a lot of writing to doond will have plenty of time because he's in jail. starting on the other topic, the day after christmas, shoppers looking for deals. some people are waiting to get the gifts they ordered. huge delays for fedex and u.p.s. sipmen sipments. u.p.s. blaming it on bad weather, increased online sales and a shorter shopping season. a number of retailers say we'll give you gift certificates. we had a mom talk about how do you explain your kid santa didn't show up? >> you take a pill, america, and say, we are having a second day of opening presents. how about we stop pointing fingers and deal with the reality? there was a perfect storm of weather, the delayed shopping season. when it comes to americans they waited until the last paycheck because paychecks are tight. there was a surge at the end they couldn't meet.

amazon is doing the wrong thing pointing fingers at u.p.s. saying they will re assesassess. t not everything in life comes on time. make it into something fun with the kids for another day. say we'll have a second christmas. stop pointing fingers and accept the reality. this happens when you have a crushed season. >> the wet wither delayed santa. >> that's the truth. the weather delayed santa and norad couldn't get him through. >> both fedex and u.p.s. had massive cuts over the last couple of years and wanted to raise -- >> you're wrong. >> i'm not wrong, david. do your research. >> they sntaffed up for this sn. >> t not enough. they cut too much. >> why wasn't the post office used? because it is a bad run government entity. >> not getting started on that. >> all right. you're a grinch.

>> santa! santa! >> merry christmas. >> the price of stamps going up for the not so efficient postal service. >> might have had something to do with u.p.s. >> thank you. >> thank you. >> good night. >> well, "duck dynasty" drama not taking a holiday break. what happened after twitter blocked some supporters of the show's now suspended patriarch.

the "duck dynasty" controversy continues. today twitter clearing the air from tweets after tweets were from "duck dynasty" supporters blocked. trace is live in the west coast newsroom with more. >> while you have supporters -- opponents like jesse jackson and others putting pressure now on

a&e you have this huge support building for phil robert son. for those supporters it is a very big deal that twitter has unblocked any post that contained the i stand with phil.com phrase the. that's the online petition to get him back on a&e. more than 250,000 people signed it. the the organization called faith driven consumer is behind the petition. listen. >> i think it sends a clear message that a&e, while they differ with phil on opinion and their culture is different from that in which he lives they recognize that faith driven consumers do, in fact, value the programming. they recognize that it is a money maker for them. >> on the flip side jesse jackson is comparing phil robert son so the bus driver in the rrk osa parks case saying at least the bus driver who ordered parks to surrender her seat to a white person was following state law.

robert son's statements were uttered freely and openly without cover of the law within the context of what he seemed to believe was white privilege. jackson demanded a&e and cracker barrel restaurants which had "duck dynasty" merchandise and put it back on the shelves meet with rain dow push within 72 hours. that's come and gone. no comment from a&e. no comment from cracker barrel. >> thanks, trace. we'll be right back. [ male announcer ] here's a question for you:

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let us know what you think of the show tonight on facebook.com/the kelly file. thanks for watching. have a great thiegt. welcome to this special edition. 2013 in review. tonight with the help of this studio audience we'll count down the scandals, winners, losers and the most memorable moments from the show over the past year. we begin with the top five stories of 2013. take a look. >> state of florida versus george zimmerman. the verdict -- we the jury find george zimmerman not guilty. >> are you kidding me? [ sirens ]