crusaders who potentially put themselves in harm's way. if they want to do well and do good, we give them credit. thank you for joining us. >> i'm eric shawn. you can follow me on twitter. i'm john roberts live in washington. a new benghazi report stirring up controversy. the head of the house intelligence committee lark out at a "new york times" investigation that claims the attack had nothing to do with al qaeda terrorist. the times cites unnamed sources that says it was local fighters motivated by a video made in the united states that bashes islam. you may remember that that is what the obama administration originally described as the rationale for the attack in the days following september 11 when then-u.s. ambassador to the united nations, susan rice, took to the sunday shows. hearings on capitol hill earlier this year brought forth testimony from state department officials who say the video had nothing to do with the attack that

killed four people, including ambassador chris stevens. let's get right to the senior white house foreign affairs correspondent who is traveling with the president. >> reporter: "the new york times" said it conducted an exhaustive investigation and concluded the attacks was the work of a number of militia fighters strengthened by nato's pressures on libyan troops but who were as anti-american as they were antiqaddafi. adam sciff said they took advantage of an anti-islam film to attack the u.s. but says "the new york times" report isn't the last word. >> i don't think it is either accurate to characterize this as a long term preplanned core al qaeda operation or something completely unaffiliated. and i think, chris, where the "new york times" report both add value and also is

deficient is they didn't have the same access to people who were not aware that they were being listened to. they were heavily reliant obviously on people they interviewed who had a reason to provide the story that they did. >> u.s. ambassador chris stevens and three other americans were killed in the attack which came on the anniversary of the 9/11 attacks of 2001, a day when security should have been heightened. congressman sheuf says the report doesn't exonerate the obama administration from that. he says the u.s. plays a bigger role and bases that on what he says is extensive investigation. >> we have gone through some 4,000 different classified cables leading up to the event, talked to people on the ground during the event, done the post mortem on the event during the committee investigation. they didn't talk to the people on the ground doing the fighting, shooting and

intelligence gathering. when you put that volume of information, i think it proves that that story is not accurate. >> the white house has declined to comment on the "new york times" report even though it tracked closer to the white house's own conclusion about the attack involving a number of different libyan fighters. >> here now with his thoughts, peter brooks, former c.i.a. officer and senior fellow at the heritage foundation. peter, good of you to be with us. what do you make of this long and lengthy analysis by "the new york times"? apparently they had people on the ground there for months, that there was no al qaeda connection to the benghazi libyan council attack. what do you say? >> this runs counter to everything we've heard so far especially from people inside the intelligence community and capitol hill. when mike rogers, the chairman of the house intelligence committee, tells you that al qaeda is involved here, i think you've got to kind of listen, sit up and listen.

you're seeing it on both sides of the aisle where the democrats and republicans are coming out on that. i think the other important thing here is that the "new york times" story does call out the administration to say they missed clues moving into this terrible tragedy. and the worst part of it, in my view, is that after this has happened and the white house called it a phony scandal, people still have not been held to account in libya for the killing of four americans. >> it really is interesting to see, peter, the way that this has shifted back and forth across the goal line a couple of times. let's take it back to may 8. a congressional hearing when a south carolina congressman was questioning greg hicks about his idea that it was the video that was responsible for the, sparking the whole thing there at the consolate. let's listen to that exchange. >> fast forward, mr. hicks, to the sunday talk shows and ambassador susan rice. she blamed this attack on a video. in fact, she did it five different times. what was your reaction to

that? >> i was stunned. my jaw dropped. and i was embarrassed. >> there is a fellow who is the former deputy chief of mission in benning and -- mission in benghazi and he said this idea of a video no. now we're back to square one. >> he said this is the rule of their investigation and they have a right to be wrong on it too. they went to libya and talked to people. there's a lot of anonymous sources behind this sort of thing. you heard from greg hicks, heard from mike rogers. this doesn't make any sense to me. i guess it's fair -- we'll have to read his book perhaps or maybe we won't read his book based on what this says, but i don't see how they can come to this sort of conclusion after all of this investigation although i hope they were well intentioned in what they were trying to do and make us all more knowledgeable about it. >> what do we know about the organization that is said to be behind this

attack? does it have definitive links to al qaeda or is it association of ideology? >> i think there's definite links. that's what we're hearing from inside the government, people looking at this closely. i think there was al qaeda involved in this. i agree with the assessments made by capitol hill and what we heard from our own government. i think there were other people involved in this. libya is a mass and that is another issue here is the obama administration's involvement there. they went there and this is what we have today. we have the september 11 attack there, and today it is still really a mess and the islamists are running amok. >> a character who is one of the main focus who is believed to be a prime suspect in the attack. the dim w to go after -- the tk*eupld was going to go after him but decided not to. he is described by "the new york times" as potentially

the ringleader but kind of a lone militia guy, no ties to al qaeda, a little bit of a crazy guy. what do we know about him? >> we feel he was a central figure in this. it is incredible that we haven't done anything about this, that the f.b.i. put suspects on their websites for months now and yet there has not been accountability with these people that murdered four americans. hatallah is probably part of this. we have not done anything about this which is troubling not only to americans but to the families of these people. >> was he a lone wolf? >> i don't think so. we saw what happened there. they attacked the consolate. then they attacked the annex with more -- mortars. you can't overlook the obvious. this was an attack on america on september 11. the administration played it down and we still don't have accountability for these people who were unfortunately murdered. >> another issue is iran,

iran saying we're developing a new generation of centrifuges. does that give credence to members of congress who are saying, mr. president, what we need to have is another sanctions regime we can hang over iran's head so if it does things like this we can drop the hammer. >> i think iran is already in violation of the spirit of the agreement that will allow them to make enriched uranium faster. the other thing is iran is trying to divide and conquer. instead of them feeling it is six on one, p-5 plus one, they want to play these groups off of one another. time is on iran's side unfortunately. they are saying they are not advancing their program but do we know that? i think congress is right to be concerned about iran and its intentions and what we're going to see down the road. >> peter brooks, always great to see you. the obama administration today bragging 1 boy 1 million

people managed -- bragging 1.1 million people signed up for health care. the numbers are still lower than they need to be. >> the latest numbers are a huge improvement with december enrollments seven times the two previous months. but one analyst told fox news sunday they're still well behind where they need to be. >> i was prepared to come on your show and say they must have been close to 2 million people. we haven't seen the rush we thought we would see. >> in spite of the recent surge in enrollment it doesn't come close to covering the more than 5 million individual plans canceled because they didn't cover all that obamacare requires. each of those plans can affect a couple or family, meaning 10, 15 or 20 million people had their coverage canceled and were trying to replace it. even more concerning for analysts of all stripes is who is enrolling, how many

young and healthy versus older and sicker americans which will determine whether obamacare is financially viable. listen. >> if you look at the demographic data, the underlying trend of who is enrolling there is evidence it is a less healthy population than what the plan hoped for and probably older. >> the data shows less healthy people are signing up. younger people signing up less frequently than hoped. >> obamacare plans often make it difficult to see specialists and many who gain insurance may be surprised to find they have to pay deductibles of several thousand dollars before getting financial help. howard dean argued that is what republicans have always wanted. >> have patience, put more skin in the game and they'll be more careful about what they spend. now we have this spectacle of republicans attacking the high deductibles because they are so desperate to attack this plan. >> it may not be what the uninsured were expecting if the tk*eupld -- if the

administration touted coverage as low as $50 to $100 a month. you're going to have people spending $6,000 before they get a single dollar in coverage back from the government. so for people of lower incomes, even after subsidies, they're going to be spending a lot out of pocket and that doesn't even account for co-pays. >> thanks so much. wrapped into obamacare, a new requirement for vending machines the f.d.a. says will help you make better food choices. vending machines will now be required to display calorie information something that is expected to cost the industry almost $26 million. the new rules apply to people who own 20 or more spending machines, most of which are small businesses. the industry is asking for two years to comply with the new regulations. concerns about security ahead of russian winter olympics after more than a dozen people are killed and many more injured in a

suicide bombing in a russian train station. a female attacker blew herself up at a security gate. no one claimed responsibility. big victory for the n.s.a. friday. it comes after another federal judge called the program, quote, orwellian, and said it likely violates the constitution. a week ago a commercial -- congressional panel released finding. what will happen to the n.s.a., if anything? joining us now is general mike mukasey. we have diametrically opposed opinions from two judges. who is right? .in my view, the one in new york is right. i think the two opinions could not be more different in their central focus.

both opinions spend a preliminary several pages on standing issues and other inside baseball issues. but when they get to the constitutional analysis, it's night and day. >> how is this going to affect the debate, do you think? >> i think ultimately this is going to work its way up to the supreme court. i believe that this is governed by exist supreme court precedent, a case called smith versus maryland. i don't think that is going to be changed. i think it is going to come out the n.s.a.'s way. on the way there is going to be a whole lot of debate and discussion about what the n.s.a. should and shouldn't be doing. my hope is that it will emerge largely unchanged and unscathed. >> when we look at the two judges involved here, judge richard leon in the washington district court -- he was a george w. bush, bush 43 appointee, and judge paulson in new york, a clinton appointee -- do you suspect there's any politics at play here in the decisions rendered?

>> no, not really. i know both men. i think highly of both men. they're obviously not both right. they couldn't conceiveably be. and my view is that judge pauly is right in this case. >> i'm sorry, judge pauly. here's a question i have for you. is the way the two judges approached their decisions after the decisions were made different as well? judge leon issued an injunction against the n.s.a. data collection but stayed that injunction pending appeal. judge pauly issued no such action after his ruling. should he have done something pending appeal? did he even have the latitude to do that? >> there is nothing for him to do pending appeal. he said there was nothing to claim and dismissed the case. the fact is the plaintiff can take an appeal if they want. i'm sure they will. and so there's -- there was nothing to enjoin. the program stayed in place. after both decisions, the program stayed in place. judge leon stayed his order

that would have stopped it and judge pauly didn't issue any order that would have stopped it so there was nothing for him to stay. >> when you look at the decisions and where they came from and how they were made, there were a lot of interweaving lines here. you have a bush appointee here in washington, d.c. who is ruling against the government but basically ruling in favor of the american civil liberty union and then you have a democratically appointed judge ruling in favor of the government, really ruling against the aclu which is the organization that brought that case. there are a lot of very interesting lines that are crisscrossing here in this case. >> they're interesting but you know what? i think they are really irrelevant. i think that discussing judicial decisions in terms of political, supposed political outlook of the judges is generally not a productive thing to do. if you look at the legal merits of them -- >> there are people who are suggesting judge william pauly made this decision because potentially he's anchoring for a higher

position in the obama administration. >> i seriously doubt that. if he's angling for a higher position in the obama administration, i seriously doubt he's going to get it. that is, i think, really borderline absurd. >> one other aspect to this that i find interesting. while pauly claimed that the program was legal and valuable, he also said, quote, if left unchecked, it imperils the civil liberties of every citizen. do we just trust the government to know where the red lines are and to adhere to those red lines? >> it's not a question of trusting the government. this question is subject to oversight by three branches of government. the executive within the n.s.a., n.s.a. superiors and the military. the legislative branch where there's oversight by the intelligence committees of both houses. and the judicial branch which in the persons or people of the foreign

intelligence surveillance court. so there are three branches of government looking at this. the fact is that the only thing that was at stake here was the so-called telephone met at that data program -- meta data program which involves no content. only the calling number, the date and length of the call. that is the only information that is gathered. so concern about government listening in on telephone calls i think is misplaced and completely inaccurate. >> former attorney general michael mukasey, thanks so much sir for taking time on this sunday. the nationwide manhunt for a man who killed one police officer and critically wounded a second in mississippi ends in arizona. ahead, how the feds believe local police cut short a deadly robbery spree. plus time is the enemy for the family of a 13-year-old girl declared brain dead after what they believed would would be a routine

tonsillectomy. >> i feel my daughter is on death row because i never know when they're going to pull the plug, make that decision but i'm praying on it saying give her more time. >> her daughter may be taken off life support as early as tomorrow. ahead, the fight to keep her alive. we are just days away from obama kicking in. congressman phil gingrich joins us to talk about what happens to those who didn't sign up and what might lie ahead for those who did. hmm. mm-hmm. [ engine rev] ♪ [ male announcer ] oh what fun it is to ride. gethe mercedes-benz on your wish list at the winter event going on now -- but hurry, the offers end december 31s [ santa ] ho, ho, ho! [ male announcer ] lease the 2014 ml350 for $599 a month at your local mercedes-benz dealer.

now that the health care enrollment deadline has passed what can americans expect when the new plans kick in on the first of january? the obama administration says the healthcare.gov website successfully handled a massive surge of internet traffic just before the deadline to get coverage by the beginning of the year. republican congressman phil gingry is here to talk about it. the rubber meets the road on wednesday even though most doctors' offices across the country will be closed. people may still need to use their health insurance. considering how the rollout of all of this went, do you

expect all of those people who register will have health insurance on the first of next month? >> john, absolutely not. the number of people that were notified that their insurance policy, that if they liked it they can keep it, were going to lose it were something like five million. and the obama administration is now predicting that maybe a million people nationwide will sign up on healthcare.gov, those 36 states that utilize that website. so there's great discrepancy there. those who are not covered on january 1, even though the sign-up period is extended until the end of march, they can go two to three months without any coverage whatsoever and if they get hit by a mack truck between january 1 and march 30, they are in a heck of a mess. >> certainly. we're also hearing that a lot of insurance companies are having to manually reconcile thousands of applications because the back end of the healthcare.gov website,

there were some transmissions that were coming in either garbled or with missing data. do you know anything about that? >> john, there was a report back in april of this year by mackenzie that had a slide presentation of 15 slides that they presented not only to secretary sebelius but also the director of c. ph-fpl -- the director of kr-fpl ph-fpl s-fpl and they told them you are not going to be ready, you do not have end to end connectivity. that information apparently was never transmitted to the president. the government accountability institute and "politico" magazine reported recently that secretary sebelius has only met with the president one time and then in the presence of the treasury secretary, geithner, since the law was passed almost four years. and the president has met

with other cabinet secretaries 277 times. and this is according to the white house log of their schedule, their daily schedule. when i asked ms. sebelius, secretary sebelius on december 10 could she verify that she indeed had met with the president, she could not do it. it's amazing. >> the white house does say that not every meeting the president had with the secretary was logged as an official event. their contention is that the president and secretary sebelius did meet a lot more than what the records show. let me bring thup point. the administration said yesterday 1.1 million people signed up for health care coverage to kick in the first of january, about a third of the 3.3 million that they had expected at this point. when you look at five million policies being canceled as a result of obamacare, where are we really when you crunch those numbers? >> john, i also asked

secretary sebelius at that same hearing, madam secretary, is it true that you have the ability, i think it was section 1311 of the 2,700 page bill, don't you have the authority to grant hardship waivers? and she admitted that she did. and i said, well, these people, those five ph-pl that you're -- those five million that you're talking about, don't you think you ought to grant a hardship waiver to them for a year? the president did it for all these large corporations, the employer minute, and how about these folks? and she said we have no plans to do that. and now that we're all, congress is home for the holiday break, if you will, all of a sudden we get that friday announcement that, yes, the democrats, senators in red states up for reelection had written a letter to the president and encouraged -- and all of a sudden they are going to grant those hardships.

how about all of those people who are previously heretofore uninsured? they are the ones that need the hardship waiver. it is only fair for main street america and they don't seem to care about those people. >> we're going to be hearing a lot more about this. thanks so much for joining us on this sunday. really appreciate it. the next presidential election still three years away, but it's never too early to start talking about it. larry looks into his crystal ball and gives us his top picks. but first, can the white house rebound from its year of scandals? a guess at obama's new year's resolutions. [ sneezes, coughs ]

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an investigation by "the new york times" is reviving the theory that the attack on the benning consolate was not an act of

terrorism. peter doocy is here with more on that and other news making headlines. >> "the new york times" says it found no definitive link to al qaeda and instead claims the attack was brought about because of anger over that now infamous video that talked badly about islam. members of the house intelligence committee from both sides of the aisle are speaking out saying this report does not disprove that al qaeda was involved. iran's nuclear chief is responding to concerns that the country is working on new nuclear centrifuges. according to iranian state tv, the official says while iran is building and testing new centrifuges they are not currently putting new ones on-line. secretary of state john kerry is legged to -- is heading to the middle east on a peace deal between israeli and palestinian officials. palestinian officials asked the united states to put a stop to the building of new jewish settlements, something that is expected to be announced this week.

a new era for the boy scouts will begin on wednesday. that is when the youth group will start allowing openly gay scouts to enroll. the boy scouts are still banning openly gay adults from holding leadership positions. those are the top stories right now, john. back to you. >> between the i.r.s. scandal, the n.s.a. leaks, the government shutdown, the failed rollout of the health care website, 2013 was a bit bumpy for president obama and his administration. the question is, can his administration move past all of that in 2014? joining us for a fair and balanced debate, doug thornell and gretchen hamlin. doug, let me put the question to you first, how would you sum up this past year for president obama? >> it was pretty bumpy, i think you're right. i think it was pretty bumpy for all of washington. the republican numbers are actually below the numbers of the president when it

comes to favorability numbers and approval numbers. they had a tough year as well, shutting down the government over repealing obamacare. you're right, the president had a tough year. i think washington had a tough year overall. the perspective most people have of washington has diminished. people don't think the city is working. i think what the president needs to do and democrats need to do is get back on talking about issues, first of all, keep the focus -- keep talking about the affordable care act. but they are also talking about extending unemployment insurance, the minimum wage, investing in infrastructure, talking about economic and job-related issues. i think that will help kind of get back on track. it was a tough year all around for washington. i don't think there are any victors here. >> you look at congressional approval, a fox news poll shows 17%, up from 10. gretchen, bringing in john podesta, an old hand from the clinton administration to be the chief counselor

for president obama, do you think that can help turn thing around this year? >> yes. i think podesta has a great history in washington at being able to create relationships on capitol hill. he is known for processes and systems he put in place in the white house and i think that's what we've seen the obama administration needs because time and time again the president has found out about things about reading the headlines on things he should have known about, things his secretaries and administration should have made him aware of. having said that, one person can't solve all of the problems this administration has had especially when you're looking at the problem of trust, trust and credibility are something that is suffering very much with this administration. and those things are very hard to rebuild with the american public. >> doug, potential glimpse into how this white house might operate in the next year or two came back in 2010 when the center for american progress, which john podesta was the creator, founder and c.e.o. said sent a 54 page document to the obama

administration saying here's how you can get thing done through executive fiat as opposed to going through congress. do you expect with podesta on board this president is going to make a lot more changes through executive action than he has in the past? is that the way he's going to govern next year? >> possibly. i don't think he's going to give up on congress altogether. as we know, unemployment insurance for 1.3 million americans expired yesterday. you have to work with congress to extend that. comprehensive immigration reform is another thing that this administration and democrats and even some republicans want to get done this year. you can't go around congress for that. that's -- i think that that might be one direction that they go. but i don't think they're going to give up on congress. one last point, john. the president in 2011 had similar poll numbers, right around 40 p-bg -- 40% approval rating and he was able to get reelected. he's been in this position before in the white house and administration and he

himself has been able to figure out ways to regain the trust of the american people and he got reelected. >> gretchen while it's true, is there a lot of things the president will have to work with congress on to get things done. if you read that document from 2010 there is an awful lot he can do just within the confines of his administration. are you concerned there will be too much of that in the next year? >> i've been concerned that there's already been too much of it. this president has used executive privilege more than any other president, executive orders and his ability to put in place regulations and go around congress has grown in numbers. it's been more than any president we've scene in modern times. i think a big challenge for congress this year is to bring back the power and challenge needed that our constitution laid out. and i think republicans are going to have to stand up, challenge this president. and despite his numbers being low, i mean this is the lowest they have been, that what we see is a trust and credibility.

when it comes to asking if the american public trusts the administration, they do not trust the administration. and being able to have them put laws in place and working around congress will not help bring those numbers back. >> there is always another side. the republican numbers are in the toilet. >> but they have always been. you have to take any -- >> but -- >> -- whoever has the majority is going to have the highest lowest numbers. >> there is a choice in the election. there is a choice between the democrat vision and the republican vision. at some point the public is going to be looking at is that choice. do we want to go the way the president wants to take us or the way the republicans do? >> i think they are going to make that choice in 2014. it will be a big year for republicans when it comes -- >> sorry, i've got to cut you off because we are out of time. thank goodness this isn't an election year.

oh goodness, yes it is and there are a lot of people being affected by what's going on in washington and not to a positive degree. we'll talk about that next. thanks so much. appreciate it. republicans are trying to win back the senate and they're using the failed rollout of obamacare against democrats in vulnerable states to do so. will it work? we'll put that question to our political guru right our political guru right after the break. it's not the "limit the cash i earnvery month" card. it's not the "i only earn decent rewards at the gas station" card. it's the no-games, no-signing up, everyday-rewarding, kung-fu-fighting, silver-lightning-in-a-bottle, bringing-home-the-bacon cash back card. this is the quicksilver card from capital one. unlimited 1.5% cash back on eve purchase, everywhere, every single day. so ask yourself, what's in your wallet?

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out with the old and in with the new. times square is looking to ring in the new year in a won't rise or fall on the power of a pedal which doesn't generate the 50,000 watts the globe requires. here's how it works. the electricity generated by bicycles will be collected in batteries between now and new year's eve and then diverted to the grid to offset the electricity needed for a brilliant new year's countdown. the bikes aren't really powering the ball. they're just helping out. the best place to watch the action in times square is here on fox. bill hemmer and elisabeth hasselbeck will host the new year's celebration starting at 9 p.m. eastern.

the failed rollout of obamacare could be a big factor in the 2014 mid term elections with some pundits saying republicans could be in for big gains. here to tell us if he thinks that is true larry from the u.v.a. center on politics. good to see you. republicans need to pick up six senate seats to take control. is there any way they can do that next november? >> absolutely. right now i think if the elections were held any time in the first half of 2014, the republicans would pick up a minimum of three to four seats. as you said, they need six. john, that's the average gain for the white house out-of-power party since world war ii in the sixth year of an eight-year administration. well, 2014 is the sixth year of an eight-year administration. those elections are called the sixth year itch for a reason.

>> they are. the senate seats that are up for grabs are looking attractive to republicans are in louisiana, arkansas, north carolina and alaska. what impact is obamacare having, larry, on the races in those states? >> it hurts in every single one. i recently had a topflight democratic consultant say to me off the record, of course, that this map is the worst one he's seen for democrats in his adult lifetime. simply because it's coincidence as much as anything else. you have a different third of the senate up every two years. it just so happens that you've got a republican task to the competitive seats up in 2014. alaska, louisiana, arkansas, even north carolina, which is more competitive, but which leads republicans. these are clearly republican seats and there are other. the republicans are nearly guaranteed to pick up a

democratic seat in west virginia, a democratic seat in south dakota. montana has gotten closer. >> if the election were to be held in the next few months the republicans could pick up three or four seats. there's a lot of anti-obamacare sentiment in the country now but it is a long way between now and next november. if that anti-obamacare sentiment fade, people get used to it and it is not on the front pages anymore, could that affect the outcome in some of these key states we mentioned? >> it could. i'll be surprised if that actually happens. but i'm surprised a lot in politics. so it's possible. but, you know, i've learned something about off-year elections. it is all about what i call surge and decline. the democrats surged in 2006 and 2008. then the republicans surged as the democrats declined in 2010. then the democrats surged in 2012. well, it's time for the

republicans to surge again under this theory of surge and decline. that surge and decline cycle has been speeding up recently. >> a couple of other races bear looking at. one is the georgia senate race where they have the fairly crowded field of republicans against potential candidate michelle nunn who is sam nunn's daughter, a lot of name recognition. then there is the kentucky race with senator mitch mcconnell which polls show is the most unpopular senator. is there a potential there for the g.o.p. to lose a couple of senate seats? >> there's always the potential. in kentucky, i've watched mitch mcconnell closely since he was first elected in a big upset in 1984. if there's one person in the senate that i wouldn't bet against in a close race is mitch mcconnell. georgia is a much better

example of how republicans can blow it. two word: todd aiken, the republican nominee in missouri who blew a nearly sure senate race in 2012. republicans in georgia had better be thinking about that person and comparing their field to who might be another todd aiken because they can throw it away if they're not careful. >> can you imagine if they picked up seats in louisiana, north carolina, and lost one in georgia? >> i can imagine because politics is crazy and that is why we're attracted to it. >> larry, always great to talk to you. happy new year, my friend. >> happy new year to you too. >> praying for a miracle. the family of a 13-year-old girl on life support is holding on to hope as a third facility will step up and take care of their brain-dead daughter. but time is of the essence. the latest in a life report

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. an update now on that russian research ship that has been stuck in the antarctic ice since christmas eve. right now a third icebreaker is closing in and ice around the

trapped ship does seem to be cracking up. the last few days the chinese and french icebreaker have failed to crack through the ice and now a french icebreaker is on the way. they plan to continue their mission when the ship is free. a heartbreaking development for the family of a young girl who is declared brain dead after tonsil surgery. two long-term care facilities who originally said they would accept her have backed out. but the family isn't giving up hope, not just yet. >> reporter: that family not revealing the hospital name. they don't want their reputation hurt. the lawyer is saying that this really is their last hope after two facilities here in california that had agreed to accept her backed out amid doctors' ethical objections and the media with everything going on. the family continues to see

children's hospital open, though, as the obstacle here. >> what this hospital is doing is telling this family, we're going to decide what's going to happen to jahai, not you, even if it kills wiher. a and that's absurd. >> reporter: the family said it will do anything they can to help her, including transporting jahai's body in a coma state. >> the judge declared her brain dead and sdoodeceased. this becomes a very sad thing for the attorney to perpetuate a myth that jahai will get better. she unfortunately won't. she's dead. >> reporter: they haven't heard from any facility about receiving jahai. they have a website to support

that. the family is heading back to new york after the spectacle. back to you. it was the first for the show. last week he proposed to his girlfriend. did she say yes, or did she say no thanks? stick around for the update. he probably has a citi thankyou card and gets 2x the points at restaurants huh the citi thankyou preferred card. now earn 2x the points on entertainment, with no annual fee. go to citi.com/thankyoucards 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!

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that's all for me here in washington. "fox news sunday" is coming up nen next. before we go, we wanted to update you on a special story we brought to you last weekend. we aired a surprise proposal sent to us by a viewer named rodney. >> basically, i'm on national television to ask this wonderful woman if she would love to spend the rest of her life with me. samantha, will you marry me? >> samantha, will you marry me? a short time after the show, rodney sent us this video, his

proposal and his girlfriend samantha's response as she watched it live on tv. if you couldn't tell just from watching, she said, are you crazy? no, she said yes. congratulations, rodney and samantha. i'm john roberts. thanks for watching fox where more news and proposals are always on the way. i'm chris ren old. observe obamacare goes into effect on january 1st. but more problems with the website could bring a chaotic beginning to the new year. >> there probably will be glitches. there have been glitches before and there probably will be glitches moving forward. >> we'll discuss obamacare in 2014 with former governor howard dean, and dr. scott gottlieb of the american enterprise institute. then nsa leaker edward snowden releases a christmas message with more warnings about government surveillance. >> a child born today will g