what a tree i have had in jerusalem. it is fun. thanks for having me and putting up with me and my mom told you to say it. >> and she did. thanks so much. stunning fox news alert. target confirming that pin numbers were stolen in a massive security breach and they are saying they are confident that they are safe and secower because of the encryption system. target denied pin numbers were taken and now just made the announcement following the stunning revelation that thieves possibly got the hands on credit and debit information of 40 million shoppers. a wave of lawsuits was filed and

one washington law maker said companies like target should be held accountable when financial information is stolen. more on this, coming up. fox news alert. a major legal victrow for nsa surveillance. a federal judge ruling that the agency's collection of telephone data is within the law though that contradicts what happened ten days ago when a different federal judge and this one in washington d.c. said it is all likely unconstitutional. and you have two federal judges disagreeing with each other. we'll try to sort it out with our legal panel. welcome to america's news headquarters. you pointed out the inconsistency with the ruling. y am jamie colby in for alisyn

camerota today. and the judge dismissed the case that the nsa tracks information on every telephone call. pointing out that the 9/11 terrorist attacks was a tragic cause of missing voilths information. and doug is in ho nolulu. this is a big ruling and will likely set up a showdown in the supreme court, wouldn't you think? >> reporter: it is hard to so how that will not happen. we have polar opposite rulings and the judge pauley admitted that the nsa vacums up information about every telephone call to the united states and from the united states. and he said in the ruling, as with september 11th showed

technology allowed al-qaeda to act decentral otherwised and the bulky telephone information lets the government get it from the network. that is a voilgs weapon in the war against terrorism. and i hope that the judge's opinion jamie? >> doug and greg and i both as attorneys have seen that same fact pattern and different decisions in the different levels of the court.

this is a judge coming to a profoundly different conclusion. >> indeed, jamie. listen to what judge leon wrote, that found the nsa found a program to be unconstitutional. it is a discriminate and arbitrary inivation than this systemic high- tech collection and retention of permanent data on every single citizen. >> and the plaintiff reacted this way after it was ruled unconstitutional by judge leon. >> the breach of constitutional rights is so gross. and we have never sewn a police state implemented by your government and everything we say and look at on social media surveyed and uses as a way to keep the american people down to coerce us.

any judge following the law would have made the decision. >> reporter: it will probably head to the court supreme court. those who give up liberty and safety deserve neither liberty or safety. >> it is a balancing act. thank you, doug, live from honolulu. 2014 will put us closer to 2016. and hillary clinton and chris christie leading the pack for the presidential nomination in their respective parties. and talking about david drubbinger senior corspopdant for the washington examiner. the potential democratic nominees and how they stack up and hillary clinton, 68 percent. and the vice-president president

at 12. and elizabeth warren. seven and andrew cuomo. four percent. she was the presuchltive nom -- presumpative nomination and exfirst lady and u.s. septemberor and secretary of state. >> that's correct. i think the thing to understand about polls in the race that hasn't started. it is all about name identification and how voters might feel about someone in a fleeting sense. they haven't necessarily put serious thought in who they would vote for. the election itself is so far away. and so it is hey, i think i like that person and i happen to know who they are. and i think it is useful for name identification and so how the image may stack up against

others. it is not useful for figuring out a someone's prospect. is hillary clinton because she was barak obama's secretary of state and because democrats rediscovered the good feelings for bill clinton in particular, as well as hillary clinton. and so she may have an extra edge that she obviously department have eight years ago when she was polling as well. >> she was and barak obama came out of no where. and you can have elizabeth warren sort of came out of no where and have her end up with the nomination. she has a couple of problems. benghazi. it would be a consistent loop a d what difference does it make and the other problem is, the voice ofdom saying before obama

care there was hillary care and show a mechanic of mccullace culkin screaming and running away. >> and you bring up the point, no one is critizing anybody. polls look better before the negative attacks have begun. you could have hillary clinton's 3 o'clock a.m. phone call. refurbished and polished and introduced with a slight tweak that relates to benghazi. when the phone rang late at neat, she didn't answer. all of these are possible for her to overcome, but we don't know she will. and a lot of it will depend on how the country feels about barak obama and the democratic leadership. and if the country wants

a change and hillary clinton represents more of the same, she may suffer even if it is not all her fault and that's how it goes. >> and poll on republican potential presidential contenders that are all bunched together. we showed in our introthat chris christie leads the pack he does narrlily. you have jeb bush and ted truz and paul ryan. it is a free-for-all. is that good or bad for the republican party. >> i think what is good for the party this time around potentially, you are going to have the heaviest hitters running for president. in 2012, you had 1 or 2 a- list candidates and the rest of the fold was b- level and half of them getting out of tv contracts in order to run.

and the best thing going for the party, they have all a- listers and very few of them if any will need to get out of the media contract to run. you have a chance for the party to put a best foot forward politically and policy stand point. there is scott walker of wisconsin, and a lot of governors and you will have a lot of outside washington individuals running and that could be real good at a time when americans, you know, are going to be down on everything washington. and i think that gives the party a chance to make a dept and offer voters something different. >> we know that the rnc is paying attention and republican party wants to stream line the party. and so many candidates that may make sense. david druker good to see you. >> there is a volatile part of

the world. more volatile at this hour. a powerful blast rocking beirut, killing a prom nept pro western politician and four others and wounding dozens of people. the massive explosion, the latest in the wave of bombings as tensions mount in lebanon over the bloody civil war in syria. beirut is no stranger to violence. the civil war in syria is spreading in lebanon, today's blast was a big one and knocking out windows and destroying a lot of cars and five people were killed and more than 70 injured, the device was detonated by a remote control. it was considered a sophisticated attack.

and the convoy target was a ambassador to washington, shata was a advisor to the family. the former prime minister was assassinated in 2005 and hesbollah was blamed for his death and also today's attack. he was a strong opponent of al-qaeda and the assad regime. it is not clear who killed him, but fingers are pointed at pole bowl. but it is not clear. it is a vol toil country. >> thank you so much live from the mideast. nlook at the dow jones industrial average. it shot up huge today. >> the day is young. >> it is up 122 yesterday and

leaving the investors what it means for the wall street and your bottom line. we'll explore that, coming up. 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.

how about this for a delivery update. ups is offering refunds to customers who did not get packages delivered in time for christmas. so far ups offered refunds to air delivery customers and fed ex, that missed a great many christmas deliveries has not offered refunds. both are scrambling to clear a back logand customer's patience is detected. >> put on will call and we did that and it has been scanned. >> oh, yeah, you can get it tonight. and no man cut off 5:00.

you will not get that until the 26th. i have a seven year old who thinks that santa didn't bring the tablet. it is sad they had nothing open on christmas morning. >> they are not saying how many of the packages were delayed. look at the markets right now. and stocks remain higher and don't let the dow fol you. it was down len points and it was a heck of a year. it is going to close as predicted and one of the best years since 1996. and the real question is whether the trend will continue in the new year. this is why we ask the managing partner to join us today. and great to see you, ed. >> happy holidays and ho, ho, ho.

i love the fact that people made money in the retirement plans this year. you only make it if you cash out. it is just sort of paper profits, right? can you explain that to folks? >> it is. from the stand point of people's assets and invested in stock related investments. you had them up this year. they had it on the statement. and you will have that to sellout. there is no reason to. you are up 27 percent. and that is a darn good one in the stock market. and should you pull that profit out and keep it in cash on the side and get back into bonds? what is the best strategy so that come january you don't have to pay as close attention as the excitement in december? >> that is a good question.

it all depends on someone's individual situation. but looking at it, there is no reason to sellout of the stock market. it is expensive relative to growth. they are undervalued and still today, and that is because corporate earnings came in stronger than people had expected and so the way you value stocks is not if they went up. no one would stay invested and you value them on expected earnings and where interest rates are. it always holds true. look at the evaluation and not the head lines. stay fully invested and unless you need that money in the next sex months or a year. you will look at your personal situation as to how much you take out. >> it would be over 16,000 with the dow. how significant is this? >> the number of the dow is not significant and the evaluation

is significant. it will not be long until we look at a dow jones over 20,000. we talked about getting to 10,000 and thought that that was a big number. the number is not as important as the evaluation. and the risk in the market happening to be being in bonds. interest rates rise and you have longer maturity on the boppeds. if you are unhappy with the economy and things in the press and news. don't mistake that with being unhappy with the stock market. they are unhappy with what is going on in the country and stayed out of the market and watched people make money. look at evaluations and they are cheap now and in 2014. i still think based on what we know today. stocks should rise 15- 16

percent. >> and from your mouth to all of our retirements here, i happen that that will be the case. but older americans or conservative americans have been invested to be raised in bonds and get that return and be grateful for it. what will the fed do, do you believe a year or two from now and should we have a portion of the portfolio and bonds and even if it is smaller than equilties. and it is in money markets and yields rise and what you make rise. if you are in bond funds get out of them and until that yield rises 6 or 7 percent. and stay involved. happy holidays. nthank you, jamie >> and passengers are on board and trapped in the ice and now

a frantic rescue under way to cut through the ice and free a stranded ship. >> hundreds of thousands in the dark, what will happen. stauras huh the citi thankyou preferred card. now earn 2x the points on entertainment, with no annual fee. go to citi.com/thankyoucards

>> what a week they've had. michigan to new england, tens of thousands of folks are in the dark after last week's brutal storm. they are working double shifts to restore power and dangerous conditions and it could be days before it is restored. they are coping with frigid temperatures and 27 deaths blamed for the storm.

>> there is a chinese icebreaker getting closer to a russian ship that is stuck in theoise since christmas morning. johnathon what is the latest. >> greg, that icebreaker, the snow dragon could be getting very, very close to the stricken expedition ship. eight hours ago, members of that expedition, you can so them. first caught sight of the icebreaker and snow dragon on the horr otherwison. about nine miles from where they were. nine miles of sheet ice that are 12 foot thick. it is clearly slow going and everybody on board including the professor turny who is leading the expedition was happy to see

help is at hand. >> over my right shoulder is a chinese icebreaker snow dragon and turned up an hour ago and making steady progress at two knots. it will be long side us in 2 or 3 hours there is a lot of relieve and happy faces. >> but they are making the most of their time. while they are stuck in the sheet of ice, they have been carrying out scientific experiments and managed to find time to serve up a christmas dinner, which they all enjoyed a parentally. what happens next, the snow dragon icebreaker that the p profreszor mentioned will need help from the french icebreaker and create a channel to get it

to open water and heading back to the new zealand port called bluff. it could be happening now. communications are difficult is tweeting out their status is not in the upper mind of those on board. >> professor turny has been a good correspondent. >> he's great. we hear they are in open water we'll let you know. >> fantastic. and we'll wait and see if it happens. >> it is complicated and that is complicated. >> and what about the president and foreign policy? is he in frul retreat? an explosive charge from charles krauthammer. we'll debate the comments. tablets and toys. kids young as toddlers are demanding. >> should parents be worried

about this? doctors weigh in. 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. one pill each morning. 24 hours. zero heartburn.

a fox news alert. a huge victory for the nsa surveillance program today a short timing on. a federal judge ruled that the agency's collection of meta- data and everybody's telephotocopy records is lawful. a different federal judge said it is likely unconstitutional and this sets up a clash of

federal judges. we'll have to wait and see what happens next. time for a quick check of the head lines. a top russian diplomat said the year deadline for removing syria's toxic weapons will not be met. there are concerns about interference. police in louisiana searching for clues after a man killed four dead and three wounded and killed himself. in denver, the recreational sell of marijuana and handing out more than 40 so far and allowing owners of medical pot shops to sell to everyone 21 and

older. growing back lash to the budget signed by president obama yesterday that keeps the government open at the risk of those who risk their lives. it unfairly targets the military retired. we have more in dc. >> reporter: yeah, greg, there is intense lobbying by the veterans groups and bills introduced to repeal parts of the deal. president obama signed that budget deal in hawaii yesterday. it calls for a military increase in cost of living. they say that the measure comes at a terrible price for the existing force and retirees. the cost of living adjustment

could have unintentioned consequences and some house members on both sides of the aisles are proposing legislation to overturn the cut. as a member of the house veterans affairs committee, i believe our veterans and their families must have the benefits they deserve and earn. and republican congressman, ted poe of texas introduced a bill. this pitted prom nept republicans against each other. most notably lindsay graham and tom mccan't. the battle is bound to continue when congress returns next year. >> steve, thanks.

>> reporter: you bet. we'll keep it on washington for a minute. president obama under fire for more than just obama care these days. he's also taking a lot of heat for some of his recent moves on foreign policy, prompted the charles krauthammer to a cows the president to retreat in the world's most volatile hot spots. >> everybody in the members of the jury midge is asking where is the united states? it is the result of deliberate policy of retreat. when we retreat bad guys fill the vacumn. >> gi gi is here and julie is a democrat strategist. ladies, welcome and great to have you here. what does it mean when charles

krauthammer said retreat? the last thing many americans want our president to do is walk away from a situation overseas that could impact our national security. >> that's right. but what charles krauthammer was talking about iraq and afghanistan where the overwhelming percentage of americans are tired of intervention in places like iraq and afghanistan. we have been there ten years and status forces of agreement, and in iraq, we are out of there now and a lot of people like charles krauthammer are not happy about that. i never understood the mission in iraq to begin with. when we are saying we are retreating from iraq, i don't know what that means. we desupposed a bad guy, yes, but iran filled the vacumn. >> that's what happens. >> it does often times. you leave and iran comes in with money.

>> and iowa ran came in immediately if you remember. sadr, very close to iran. and they shiite were there filling the vacumn. >> getting too much inside baseball, dee- dee, if you don't have a presence in iowa rab and leave yourself vulnerable to iran. it is a tough spot to be in, but at the same time hillary clinton will come long and say i was former secretary of state and been to the countries and know how the operation woshs. is she an edge to walk in and say i know more and did more? >> absolutely. it is an opportunity for all americans. it is not a republican or democrat issue. so many democrats are saying the president is wrong. he needs to be taking

leadership. charles krauthammer is right. if we don't take a leadership, our counsel row has a rich history of doing that. and look how many years we issues and so many countries had problems and our country helped to make the situation better. this president is leading from behind and passing the buck. he handed syria over to putten and iowa ran, letting it go. and iran are not our friends. we cannot trust them. look at history here. it is recent history and it is not history way back when. iowa ran are building a nuclear bomb. everyone knows it. and republicans and democrats and the whole world knows that. >> i think what you say is true, if we step away from countries like iraq, we may be so manied like abandoning the cause. iraq kicked us out.

that's what iowa ran was. >> iran doesn't want us there. >> iran was building a nuclear weapon before barak obama graced the national stage. >> we know the sanctions hurt the government and they are eased now and iowa ran is continuing to enrich uranium despite the deal it made and sanctions. the president touted that as a win. >> we had sanctions in place and iowa ran continued to do that. we had hard sanctions. i don't think any of us not privy to national security briefings can tell you whether iran is acting in good faith. we have bob men edez who is a democrat and he thinks we are not doing right thing. and netanyahu certainly doesn't.

and we can't sit here and make a claim to what the president is doing is right or wrong without being briefed. >> is what he doing right? >> i don't know. he's in the minority, to. and just to say that iran is building a nuclear bomb, means we can let him do it. >> and they are saying it will stop enrichment when we do the deal. and it is a six- month temporary deal. we could take a different approach on the permanent deal. and dee- dee looking globally and theuation with israel and one of our greatest alloys, and how do you agree with charles krauthammer on the president's approach is dangerous for us? >> this is the most dangerous time of our history. this president is dangerous. we have to protect our ally. and friend. what are we doing? and they are concerned.

we have to make sure there is stability in the middle east and letting iran do whatever they like is wrong. and many democrats are against the president on this. we should applaud them. good for them. they are right and the president is wrong. >> i have to leave it there and a appreciate you weighing in fair and balance. when charles krauthammer talks, i listen. >> tablet communities. why health experts are raising concern about the gadgets. >> and some are calling it a kress chris miracle. an off doubt police officer and two civilians saved a man's life. wait until you so this video. ♪ [ male announcer ] at progresso, we lieve the second chapter of your life should be just as bold as the first.

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>> word now that the u.s. marines are getting a now base

in the pacific after receiving approval from the island off of the southern coast of japan. it would be built on lanthat was reclaimed from japanese resident expected to protest the decision. it would replace another u.s. marine base in a congested part of the island. tablet computers, they are certainly a very hot victim these days especially among the toddlers. that's right. they are incredibly easy to use and provide educational apps and games and health experts are raising concerns saying that tablets can take away activities that are brain development. dr. debbie joins us assist apt profess

professor at the school of medicine. >> what do the doeses say about this? >> kids shouldn't be exposed to two hours of screen time a day. tab lets or television or smort phones. my feeling is that technology by itself is how weous it that matters. and so with tablets, there are educational applications to help kids learn how to count and read and tout. and a lot of things are touted as educational when they are rpt. >> when i grew up my parents didn't let me watch anything but the news. what about the educational apps? this they are marketed and advertised as educational and they may not be. if they are, that is fine. but if people spend time on the tablet or smart phone, they may not play with other kids.

the worry they will not develop socially. if you are interacting with a tab let you don't have to know how to play with other kids and you are not forced to talk to tablet that may not be developed as quickly. >> from a physical stand point. a kid needs to run and play and exercise and if they are tied to a tablet or video game. i recall when i was a kid, you too, probably a video game is bad for you. >> i heard that when i was a kid and a study that showed a kid who played video games have better technical skills. >> oh, really. >> and i do spine procedures and the skills that you develop. and these tablets are helping

kids in certain ways. the key is balance. you might develop skills or prepare kids for the future. you don't have to worry about the content. >> kids as you point out can be exposed to a great many other things and taking them out in the environment and town before they were not. and there are tablets in the airports and restaurants. and that is a good thing. kids may not have travelled as much before. what if they act out or behave badly. they can travel and go to new towns and so family members and friends. and it is an opportunity to get socialized and it is a matter of how they do it. >> i ended up on a airplane singing to grace six hours and

the other passengers didn't like that. >> dr. debbie, thank you so much. >> good to see you, too. >> i haven't heard you sing yet. >> well. >> you say you don't believemuc. >> i haven't heard you sing. >> you say you don't believe in christmas miracles. a heroic cop strings into action with good somewheamaritans and a life. >> plus a daughter rae received a purple heart. >> it is a part of him. i feel like he is with me now. it is the best christmas i ever had. their quick trade bar lets my account follow me online so i can react in real-time. plus, my local scottrade office is there to help. because they know i don't trade like everybody. i trade like me. i'm with scottrade.

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things not looking good for

the man trapped in this burning car. he must have had an in gel. maybe clarence looking out for him. off duty cop jumps over the guardrail and pulls the man from the burning corre ing wreckage. two others helped officer thompson get the driver out. officer thompson suffered serious injuries including burns. what a hero. >> perfect transition to tell you a perfect story. woman getting the surprise of a lifetime when family members tracked down a purple heart belonging to her dad. jill has this amazing story. i sat added table and looked at it all night.

gentleman he died protecting our country. >> it belonged to her dad the purple hard awarded to him after his death. >> nesbit just 21 years old mar kwl maried his high school sweetheart. >> she sas the daughter he would never met. his purposele heart lost when the family moved. >> there are people hout there who i will lever know who have come together and made this

happen. >> and on christmas she got it back a surprise she didn't see coming. >> there are no words to describe it. >> the back of this medal has jackie's name written on it. a token of a frather that she never new. >> what a great heart warming story. you get the chills listening to that story. new fears, the possible loop hole that could allow the rogue nation. we are live with reaction from the obama administration. the tragic case of the girl that doctors say were left brain

dead. >> that girl is up there breathing. she is resting. we are asking okay you don't want her that is feen. we have a place that wants to keep her alive. help us get her out of your hospital. >> pp ÷ó

. we are about to find out new details about the deadly shootings in newtown. they could shed new light on the twisted world on adam landsa. the new documents which will be partially redacted contained text photos and 911 calls.

well news today that iran comes up with a massive loop hole to expand it's nuclear program evading the terms of the deal that it just made. welcome. >> rairan agreed to limit any extension of its nuclear program but it is getting around that promise developing new advanced equipment to develop enrich ed uranium. this move will likely cause a big stir on capitol hill since some republicans and democrats both push back on the u.s. deal. >> that is right, greg. there has been deep skepticism for weeks now. not just from republicans but

democrats as well. that is why the world will be watching closely to see what the steps are. >> they are allowed to develop them but the world will see if allowed to make them operational. we have had new reaction from republican senator mark kirk. he will put in new sanctions against iran. the american people are rightfully distrustful of iran's new tensions and it demonstrates why they need to pass the iran act. if we want a world without iranian nuclear weapons, we want to make sure they will be met with the toughest economic

sanctions in history. you have top democrats like chuck schumer in new york who are so sponsors of this ledge sligs a slags and you have democrats and republicans totals 47 of them. there need to be new sanctions ready to go in case the deal falls apart. there may be new impetus for the new sanctions because of the news today. what has been the president's stance on iran proving itself. >> he has been pushing back against these new sanctions from capitol hill saying give us more time to downplay the moves by saying this is for doe mess stick political assumption and the president at his year-end news conference a week ago today

was asked about this. here is how he framed it. >> precisely because there are certification provisions in place, we will have more inskit insight into their program than we had previously and we will know if they are violating the terms of their agreement. they are not allowed to accellbrate their stock pile. you hear him saying give diplomacy a chance. 68% about right 12%. gives you an idea of where the public is. and it is reflected in the fact that the president has top democrats as well. ed, thanks so much. didn't take 24 hours for deadly

violence to erupt in egypt today as the muslim brotherhood calls for has rallies across the country. after the military led government which is in place officially labeled the brotherhood a terrorist group. michael kay is a former international security analyst and we have asked you to come here today after this somewhat surprising news making this declaration about the brother hood. >> how important is this change of holsy for the military backed government for the united states? >> i think the designation has serious potential here to open up pandora's box of in stability

that is about to play out in terms of electing a new government. in terms of the potential for instanbility it is a big mistake. it allows the military to arrest and prosecute and sentence members of the brother hood who have had a tremendous amount of support. they have won five elections in the past. this what we are seeing today could be the tip of iceberg in terms of violence? >> it is a preventative measure if violence erupts. he received 22% of the vote. those people are being ostracized from effecting their

democratic freedoms. if you overlay the economic problems for me that is an explosive cocktail to increase the radical izatiization of the situation. it is on the doorstep of the sue wez canal. it is going to have an adverse effect on all prices. but more broad lay as well. this is the real factor. if you look at syria, that is seriously heavily influenced by the muslim brotherhood as a terrorist korgization. that is unfair to put them in a

hard opposition. so i think both from egypt's perspective this is a bad situation that we are looking at. >> i would doubt if he would go ahead and folllow that the organization is a terroristorsization. >> please come back and follow this with us. it has developed so much. >> thank you very much. >> turning now to new developments in the case of a california teen who doctors say was left brain dead following complications after a tonsillectomy. they is currently on life support protected by soucourt order. >> hi claudia.

>> well greg this plan to move her is sparking new tensions between her family and which now auses her family of spreading false information and false hope. the clock is ticking. the judge has ruled that she can be taken off life support. the family has found a care center willing to take care of her >> we have seen her blood pressure go to normal and stay normal. there were times where it was irregular. and today she had more movement

with her body. she was able to move her shoulders today. >> a number of expreterts say te is no chance to recover. the hospital saying they are refusing to move her. again if she does not move by 5:00 tomorrow monday. they will take her off life support. the family says they will bring in outside doctors to perform the procedure. >> what a sad story. clause thea, thank you. >> we will continue to follow that story for sure. there are these stunning images

that show a man getting past airport security right onto the tarmac. how he was able to break through. >> plus another sky blunder. but this one leaving thousands of people with a giant smile on their faces. how delta made customers and offer they couldn't refuse. >> and midterm elections are still a long ways away but the first adds are hitting democrats over obama care. they are up and running. what this says about democrat ace vulnerability about the health care law. >> i received notice that my current insurance was no longer qualified. my life depends on it. he seconde should be just as bold as the first. try the new bold flavors of heart healthy so from progresso.

they were testing out new equipment they had gotten as gifts. it is a giant under water cave. may making it one of the best sites in the country. >> a series of new political adds part of a new plan to repeal obama care by blaming problems on democrats. >> day vvid webb is a host on i

syrius fm. you have to admit it is a pretty effective add. support for obama care among women has taken a nose dive. people are going to love obama care the way that they love medicare and medicaid. >> these adds are put out by a group who spent $16 million. the long-term goal is to overturn it. that train has left the station. $16 billion. >> allen, $16 billion is nothing compared to the nonpartisan prediction that this government will spend $2.6 trillion on obama care david i want to play

this add. >> i received notice that my current insurance was no longer qualified and i had three heart attacks in the last six years. my life depends on it. >> i think it is an effective add. it is a good political one-on-one add. these are the issues that affection you. afp waited to see the harmful effects of obama care play out. i don't want to argue the numbers greg. almost 6 million people have lost their health insurance plans. you have to multiple that by the people. >> if i could have a word with

you two on this. wait a second. until there are over six million plans signed up, let's stop arguing the numbers. >> it is outragious that the coke brothers are arguing this. that money could be better spent on getting the people health care. they never cared about the 41 million people who didn't have health care before the affordable care act. how about we object to the ho y policy. >> they have no model. give me the idea that the rbs

have. >> let's talk about expanding medicaid to help those that need it. >> more people have signed up because they can't afford bicyclobama care. >> allen the demes mouth be worried. after those came out the committee came out with an appeal for cash to people. here is what they said. it has proven to be dangerously affected. the damage to the affordable care act and our chances could be irreversible. i think they have run on barack obama and they ought to move toward medicare to a more single player. >> we need to stand up for what is right for america and if they

are going to run to the other side. some of these democrats ought to be republicans. the two democrats they ran with voted with republicans. democrats votes for this without reading this. and as for the skits frskit so thea that actually ran on this. img imi'm getting a voed from the producers. never at a loss for words these two. all right. jamie back to you. >> even i heard that hook. enough. >> well this came out today. a new court decision ruling that phone surveillance is legal. and you are about to hear more

about it. another court ruled the program is unconstitutional. plus an air fare sale with rock bottom prices. how it happened and what delta plans to do about it. ♪ [ 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. ♪ [ male announcer ] that's handy.

so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app.

the therd space walk in a week taking place this week. installing high resolution

cameras that will soon allow anyone anywhere to see the earth through space. >> the fares were drastically reduced because of an online glitch. domestic round trips $40. boston to honolulu $68. >> i guess you didn't get these or you wouldn't be in los angeles. >> i would be long gone. those started around 10:00. airline has no idea the fares

spread like wild fire. this guy saying i got a first classic ticket on delta. i'm still not happy. here is a list of some of the other great deals people got. talahassee to los angeles. $27 each way. los angeles to hawaii. first class $200 that goes for $3500 and boston to hawaii. $61 of that fare were taxes. this guy flying from minneapolis to hawaii. >> ny nephew was getting married and the air fare was $67. i couldn't believe it. >> these glitches happen every

so often and united has had four of them. fare compared.comsays the best way to find mistakes is sign up f for air travel alerts. check out fliertalk.com. you have to act fast. they are normally fixed within 30 to 45 minutes an the word gets out fast. sometimes she's low fares are not honors. people who thought they got smoking deals ended up having to not turn them over. thanks trace. >> i want to make a prediction. folks who paid more than that on

those are going to ask to be matched. you think? >> i would. >> just how safe are our nation's airports. new questions being raised after two separate breaches on christmas day. >> federal judge ruling that phone records of americans is constitutional. our legal panel will weigh in. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve.

deadly car bomb killing six in beirut. the attack likely to heighten sectarian tensions in that country. chinese ice cutter is inching closer to a russian ship. the vessel was traps in ice on christmas eve. target claiming that customer's pin numbers were stolen. retailers say that the numbers

are safe thanks to their theirencryption software. a man jumped over a fence and ran around a tarmac. >> another man jumps over the fence and reaching and airplane before being arrested. alicia following the story from our denver bureua. how could this happen? >> that is right. $10 million worth of upgrades just for the security perimeter alone. just to be breached by what cops said was a 9 foot fence. it is possible that he didn't feel the sharp edges. >> he was under the influence of alcohol, which they could detect

and possibly drugs based on his bizarre behavior. 49-year-old robert bump charged with tress passing after he ran onto the tarmac and onto the taxi way. the pilot was told of the situation by security. passengers took this photo. he smacked the engine of the aircraft with his hands and then he was arrested. no one was hurt but it did scare travelers. it goes to an airplane without security catching him first. we far exceed the federal regulations. >> sky harbor airport is reviewing this incident. >> newark's liberty airport is

as well. how long website his suspect on the tarmac before they noticed him? >> he was on the tarmac for a whole day. according to authorities in new jersey the security system pickeded up the breach on wednesday but no one noticed it until the next day. port authorities say they arrested a 24-year-old man in women's clothing but only after they climbed over two fences and approached an airline worker. this should not happen in this day and age this should not happen. no one was injured but this raised a lot of red flags here. they underwent a security upgrade recently. all right perhaps we will see more upgrades. our top story a federal

judge in new york today rejecting a challenge to widespread telephone surveillance under the nsa. calling it a reasonable way to fight terrorism. ruling the program unconstitutional. saying that our founding fathers would be mortified. p brian clay is a civil rights t litiga litigator. the 4th amendment is not absolute. he said this is authorized. and outweighs potential privacy intrusion.

what do you think? >> you got to break it down into a political analysis and you have those that say this is an outrageous intrusion among our freedoms. you have to say the fighting of terrorism and national security they say that a dialer of a phone does not have a reasonable expectation of privacy in conveying that she is making that call and legally that makes some sense. the data of the calls that were

made were being stored. >> the supreme court has said that about third parties holding information. it is buried here on page 42 on one little line. it took me about an hour to find it out of 53 pages. brian, a different judge found this. december 16th, he said i cannot imagine a more arbitrary invasion than this systematic for purposes of querying it without prior approval. i agree with judge leon. this is a violation of our 4th

amendment rights. it is based on you have to profer probable cause. you need probable cause to issue warrants to arrest somebody. what happens here is you are setting a precedent that you don't have facts that establishes that somebody should be investigated let alone you are going to garner information and we do have a right to privacy in our homes. this sets a bad precedent within our government. within a three year time period 277 reports were generated. you cast this wide net and use this man power and we should focus on the ground floor information.

>> working off of brian point you can flip it. i understand what he is saying. in those 277 reports of the program it involved 2900 phone calls. flipping it on its head. the point is maybe it is all not that intrusive. brian is right. again, my distinction which is to capture what we call in the trade pen register or trapped and trace information which means records of calls, there has to be a reasonable probablity that terrorism is involved. that is in the opinion also. the other thing about this is that the obama administration

made a big deal saying this program has prevented 50 terrorist attacks. judge leon said we didn't find evidence of that. >> that is a good. you are monitoring millions of phone cultures alls of millions people. you are coming up with mi277 reports and we are better off focusing on ground floor intelligence and not casting this net of privacy. he said they are growning in useless data and it is hurting their ability to conduct legit

mate surveillance. thank you. >> well, top story for a lot of people is new year's coming? are you going to make the same one again this year? that you are going to lose wait? we are going to save you time and pounds. we are going to talk to a nutritionist who is going to tell us whether or not we should get on the scale next.

let me know on twitter if i'm about to talk about you. are you making that same resolution this year where you are going to take off that excess weight? joining me now with how to set a goal and stick wit. she is also a certified diabetes

speciali specialist. you have a new book called healthy habits you want to take us through. >> i had my clients throw away the scale. oh you need to be food logging. tracking your movement, tracking your food shopping. why are you eating? >> get to the root of the reason why you are eating. >> do you believe in three meals or five small feels a day. >> i think you need to change the definition of diet. no longer is it a ten day fix. >> so overall, to get started a lot of people will jump start on low calorie diets. what is the right amount for a

woman or amount of average size. it is calories in versus calories out. what you. pa expand and take in. for someone that is 5'2" you don't want to go below 1200 calories, that will slow your metabolism. >> you mention ed people will et because of medical issues. do you advise before someone starts this is your workbook healthy habits that they get a full medical workup? >> people should have a yearly physical no matter what and then they can embark on changes. you want to focus on behavior

and there is something out called the quantified day et project you get to start where you are at and pick a diet and you can decide you will have motivation and track your pr progress and then you follow your own progress and you don't need a doctor to do that but it is always a good place. support is so important. but if you do and you have a buddy in this is that helpful. >> if you have someone to exercise with, it is about talking chatting it up. >> i want to mention the other day i have a co anchor greg who ate a donut during the show, an occasi

occasional splurge like that, is that okay? >> 25% whatever it goes. if you have this cheating mentality. research goes that you are going to binge and gain weight. >> whoops, i don't think leeland has to worry about that. we get hungry out here sometimes. you brought some treats if people will read more labels natural ingredients low saturated fat let's try to do it this year right? >> greg, i'm going to stick with my lean cuisine and smart ones. >> in just a few days mig yu s of eyes will be focused here. the new waterford ball is made

up of 88 hand crafted crystal triangles and one of those crystals designed brought that r your wife.esigned brought that r >> fax. >> you don't want to miss our special at 9:00 p.m. for the all-american new year's special right here on fox news. happy new year to all of you. we'll be right back.

♪ >> margaritaville means it's phil time. phil keeting. a lot of visitors header to

florida where phil is. fed up with the cold and flocking to the beaches in the southern part of the state where this year they could see the biggest holiday crowds ever. and phil is there. it's phil time. he is live in ft. lauderdale. phil, anybody on the beach there is actually local? >> reporter: it's hard to find. half of them have been to margaritaville when it was sunny. bad news, the temperature has dropped from 80 to 79. that's one drawback. still got the sea breeze going. here's other whole family from canada. and people from boston, baltimore, new york, long island, everybody has been down here today. in fact, it really has been difficult to find people from florida. miami-dade and broward county officials expect the biggest tourist week ever, the week

before new year's -- from christmas to new year's, one of the busiest weeks in south florida, and the reason is pretty obvious when you look at the national weather map typical for any day in december. see the colors of blue and states up north, and the one state in the orange that is relatively warm, if not hot, is florida, where, in miami today, the high, 82 degrees. >> once again, from the united states, to the northeast, a couple hour airplane flight, and it takes some of you viewers a couple of hours to drive to places in the northeast. so, where would you rather be in the cold or the miami heat here? go heat. >> reporter: a lot of people clearly opting for the heat. tourists bring in $91 billion a year to the sunshine state. 700 miles of beaches doesn't hurt. but this week, holiday week ex-i always massively cried, and this looks to be record-setting:

>> if they set a record, how much is due to the fact that christmas and new year's falling in the middle of the week, on a wednesday this year. >> reporter: the tourism marketers say that actually is playing a very large role because christmas and new year's day on a wednesday so a lot of people booking their end of the year travel plans and decided to book-end two weekends and take in a long extended vacation. it's not just south florida reaping in the benefit from the winter tourism in the panhandle, pensacola, they're seeing a great rebound from the oil spill. >> phil keating the end of phil time for now. stay tuned, phil, thank you very much. i think people are going there because they want to see phil on the beach. >> this is understandable. >> got a big date. behind the counter liquid gel. oh what a relief it is.

that's going to do it for us. we're finished for now. i'm greg jarrett. >> we'll be back tomorrow. greg, great to work with you. and i want to thank our crew for doing a really super-duper job.

you're the best. >> we'll pick it up from here. i'm harris in for sheperd. first at 3:00 p.m. eastern, state police right now are scheduled to release their full report on the school shooting massacre in newtown, connecticut. we'll go through it and let you know whether it can tell us anymore about what happened before and during that terrible day at sandy hook emptily. we begin in oakland, california, where relatives of a 13-year-old girl on life support say they want doctors to perform new procedures on her. however, the hospital is refusing. jahi mcmath went in to get her tonsils removed two weeks ago and there were complications. now sever doctors have declared her brain dead.