>> leslie: bill's cough will go away. >> mike, one day richard simmons wears pants. >> someone will find big foot and intelligent life is found in d.c. >> good luck with that. >> i'm john scott in for shepard smith. looks like family's fight to keep their daughter on a breathing machine could be offered. a court order allows the hospital to remove the 13-year-old girl from life support five hours from now. 5:00 p.m. pacific time. she suffered rare complications after surgery to remove her tonsils. doctors at the hospital, along with a court appoint editor, ruled she is brain dead and the breathing machine is not keeping the teen alive but is merely preserving her body from natural course of events. the family has not given up hope. they have been fighting the hospital in court to keep her on the breathing machine. they say they found a facility in new york that might be able to take care of her, but with

the court order about to expire, the family is running out time and fast. adam is live in oakland. looks like the heartbreaking ordeal is reaching a conclusion? >> reporter: yeah, it's been more than two week here at this heartbreaking ordeal that has enveloped the community in oakland and the family. the court order expires five hours from threw and there seems to be no plan in place to move jahi. we have heard a number of things from the hospital. a spokesperson spoke to us about where the hospital stands on this. they believe jahi has died and say they asked the family for three things. >> we asked only three things. they could provide a physician to do the medical procedures, they transport the body and they find a legitimate facility that would knowingly take a deceased person on a respirator. during the past 72 hours, from

the media report wes have read, the three facilities that were under consideration by the family have fallen through. so they, to our knowledge, do not have a facility to move the body. >> and there have been vigils over the course of the last two weeks, the last weekend as well forks jahi. the hospital is expected to pull the ventilator if no conclusion comes from another facility, and now less than five hours. >> and community support for this family is growing. >> reporter: the community support has been strong. no one wants to see a story like this happen to any family. it's completely tragic. makes you sim to your stomach and this young girl went in to get her top sills removed. the family has been raising money because of the support through the vigils and through an online donation site. they've raised more than thousands. they believe would help move jahi to a facility if they were to fine the facility and the family's pastor says they're not giving up hope for a miracle.

>> we're going to continue to pray. >> reporter: jon, the uncle of jahi just left the hospital and says the family will be book here three hours from now. we have not heard anything from them today, just from the hospital, and the deadline looms less than five hours from now. >> adam houseley in california. thank you. let's take this to a lawyer. joining me now criminal defense attorney and former prosecutor karen sharington. so, it's got to be a puzzle and a heartbreaking one for her family. she is still breathing. how can she be dead? >> that's the problem. she is legally declared brain dead, and doctors say similar too having cardiac arrest and being declared that your life is terminated. so right now, the help of this machine is helping her to breathe, and that's how she is actually maintaining what they fine is signals of life. but it's a problem here because the family really thinks that

jahi is alive and temperatures are saying she is not. her life has been terminated and the facility believes they're housing what they want to call a dead body. >> if she is going to be transferred to some other facility that would provide her care, she would need a couple of things, a breathing tube installed, surgically, also need a feeding tube. the hospital is bach balkng. >> the believe lite unethical for them to perform procedures on what they consider a dead boy. it's difficult for the family to come to turn and the problem of the facility rushing the process is causing most of the problem. the family has to deal with this and pray on it and come to a decision on whether or not this is the right choose for them to take poory jahi off life

support. >> so if there is no arrangement for her to be transported, the hospital will pull the plug and the breathing will stop and the heart stop and jahi be declared dead once and for all. >> that may be a point of closure for the family to let them know this is love support helping her to breathe, and once the life support is terminated and poory jahi goes on her own, many that will provide closure for the family. >> one of this cases where the law and medicine are not fully prepared to deal with all of the consequences that can come about. >> exactly. the consequences of the family and how they're coming to terms with the untimely death of this little girl. >> too you expect there will be legal actions down the flood have there been other cases like this? or is this one absolutely groundbreaking? >> i think there will be legal actions just for the mere fact that jahi lost her life after

routine procedure. so there will be legal action with respect to that. weren't the family will appeal the court's decision to allow this facility to terminate jahi's life support, that will remain to be seen, whether they'll bring an appeal. >> do you see an appeals court trying to get involved in something like that? >> that's what it seems like everyone is sort of saying -- keeping their hands off of this case. even the facilities they reached out to no one wants to take on this very touchy situation. >> karen sharington, a criminal defense attorney. thank you. the white house is offering to help russia with excursion after two tedly bombing attacks two weeks ahead of the winter olympics there. a spokeswoman says the u.s. has already offered full support but is willing to do more to keep the games safe. russian officials say a suicide bomber blew up a bus, killing more than a dozen people. during the morning 'rush how in volgograd, the same city where another suicide bomber killed a dozen people at a train station

yesterday. surveillance video shows the blast. investigators say the same group is likely to blame for both bombings because the attackers used similar devices. volgograd is in southern russia. the olympics are set to begin in sochi, 400 miles south and west of the city. nobody has claimed responsibility for the bombings, but a rebel leader had threatened attacks on the olympics. amy kellogg is live in our london bureau. amy, anymore clues about who might be responsible? >> reporter: income conclusive but that d nothing clocksive but extreme groups called on followers to take their attacks out of the north caulkus and into the howard of russia and disunit the olympic weather they call, quote, say tannic dancing on the graves of our ancestors. >> the fingers are section

suspicion are in their direction. one of their female bombers hate volgograd in the autumn. today's attack destroyed a crowded bus and killed 14 people, injuring many others. yesterday's blast was captured on tv and killed 17 people in the main rail station. doku issue the call to arms. the group wants to establish an islamic state in southern rich russia and to bring president putin to its niece. russian's islamist move has its roots in the chechneya in the 890s. president putin crushed that and it has morphed into an extreme islamist group that stretches across the entire north caucuses rejob, including dagastan. >> what is the significance of this happen thing volgograd.

>> volgograd is a russian city, not a north caucus si. hitting a city picklike volume go grad, which used to be stall lynn grad, sets off a whole different with a of fear and panic among russians who are no stranger to terrorist attacks. the fear now is with sochi, terrorists will be hitting elsewhere. >> the recollection of successful attack around sochi is reduced. however, i think there is a heightened risk of attack against softer targets, airports, train station, the metro in cities across southern russia and also in major cities such as moscow. >> the u.s. called for greater cooperation, security cooperation, with russia, during the olympics period, and in fact, intelligence-sharing, especially regarding terrorism, has been stepped up since the boston marathon bombings last april. the two bombers there had ties

to the caucus reon. >> one of the biggest names in car racing is struggling to survive after a serious head injury. didn't happen on the track but during a vacation with his son. that's next. it seems terrorists have more on their minds than attacking just their enemies. turns out they're big on filing expense reports, and wait until you hear some over items they have been buying. ♪ i want to spread a little love this year ♪ [ male announcer ] thisecember, experience the gift of unsurpassed craftsmanship and some of the best offers of the year at the lexus december to remember sales evt. this is the pursuit oferfection. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection.

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>> one of the most successful international racecar drivers is fighting for his life after fall only a ski slope in france. the driver is michael schumacher. witness says he was skiing with his son yesterday at a resort in the french alps when he fell and hit his head on a rock. schumacher is in a medically induced coma. here's more. he underwent immediate brain surgery, leah. >> and the resort says he actually was conscious when first responderred first arrived to treat him, but a doctor who is treating him says that the wasn't able to respond to any questions. now, he was airlifted to a local hospital and then brought to this hospital, which has one of the best neurological teams in france.

schumacher is known as and skies unclear where he was skiing on sunday when he fell, but there are reports he was on an ungroomed but treeless area and it was an area that is steep in places. again, doctors who say that schumacher's injuries are life-threatening and at this point he is in a medically induced coma. i spoke with a leading nurlingist about this, who said this is to keep the pressure down inside his skull. take a listen. >> what can happen is that with high intracranial pressure, the brain can herniate down and damage the brain stem. that can lead to death, can also lead to permanent damage of the brain. >> schumacher's doctors say they are making real-time decisions at this point but say they can't determine anything as far as his future is concerned. >> we have seen the ski photographs of him in a helmet and he was wearing a helmet when this happened. >> doctor says he was wearing a helmet and many doctors say had

he not been wearing a helmet there's a chance he would not have survived. many of us remember natasha richardson, who back in 2009 died after a skiing accident. she had not been wearing a helmet but in the case of michael schumacher, doctor says even with the helmet it wasn't enough. >> patients who have very severe traumatic brain injury with high velocity impacts, the helmet can be protective to some degree, but you're still at risk for brain con contusions and hemorrhaging in the shifting of the brain. >> his manager says the family is shocked, and at this point, an investigation has been launched in france to try to determine exactly what happened. >> very sad story for the champion. thank you. >> members of al qaeda are obsessed with recording their every expense, including 60 cents for a piece of cake? that's according to expert who analyze a stack of receipts

found in a former al i'd safe house in northern africa. they say the receipts listed the costs of every item the terrorists purchased, including a light bulb for 60-cents to tomato for a dollar and charcoal for a buck-40. they've found similar documents in other al qaeda areas. >> new year's on the way, maybe you're looking to lose a few pounds. health experts say working up a sweat does not mean you're automatically burning more calories. carol alt explains why next. i always say be the man withhe plan but with less energy, moodiness, and a low sex drive, i had to do something. but with less energy, moodiness, i saw my doctor.rive, a blood test showed it was low testosterone, not age. we talked about axiron the only underarm low t treatment that can store t levels to norm in about two weeks in most men. axiron is not for use in women or anyone younger an 18

or men with prostate or bret cancer. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied as unexpected signs of por increased acneor in women may occur.air report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer, worsening prostate symptoms, decreased sperm count, ankle, feet or body swelling, enlaed or painful breasts, problems breathing while sleeping and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrh, vomiting, and increase in psa. ask your doctor about axiron.

here's something for those of you working up a sweat to work off your holiday weight

gain. experts say sweating more while exercising does not mean you're burning more calories. perspiration is simply your body's way of cooling down when you're core temperature heats up, like when you're working out, and health experts say the fitter you are, the lest you probably sweat. so a soaked shirt at the gym is not necessarily a sign of burping calories. carol alt is on the fox news deck. hosting "a healthy you" on fox news channel. so the soaked t-shirt or whatever you're wearing doesn't niecely mean you're going to be losing more weight, burning more calories. >> if only that were true, could you imagine you could sweet in the san na and be -- sauna and be losing weight. >> i hadn't thought of that. >> the issue is when you're sweating, it has to do with exertion, how much you're putting putting into your workout.

or how many sweat glands you have. and how fit you are. so, sweating doesn't necessarily mean you're burning calories. it means a whole lot of other things. >> ironic that the more fit you are probably in general, the less you're going to sweat. >> here's an ironic thing. i could ride a bike flexion to my boyfriend, who is a hockey player, and he will sweat like crazy. i could ride for the same 20-30 minutes and i won't sweat as much. why? because he is putting more pounds on his bike, when -- how many pounds you're biking against. he puts heavier weight, more exertion. he is probably more fit than i am, but i still sweat less because i have less sweat glandses. here's the great thing about sweating. detoxes the body. it's such a great detoxing tool. so, not only does it cool you down when you're working out, and keeps you cool, but it detoxes out heavy metals and all kind office pollutants the body takes in. it's a great way to get it out

of the body, through sweating. >> not necessary to go to the gym and absolutely leave a puddle on the floor. you can still be getting a good workout even without that. >> you can be getting a great workout, and the more you work out you might be sweating less. so has to do with how fit you are, the exertion you're putting into it. >> obviously you want to drink fluids in. >> of course, don't want to dehydrate. even if you're sitting in the sauna, which a lot of people will be hoping they can sweat off the pounds. >> then there's the hot yoga classes, too. >> does that mean if you're doing -- you're sweating out the calories more than something doing regular yoga? not so much but you are detaxing. >> thank you very much. >> forget about fishing lines. dolphins might be getting hooked on drugs. that's according to a new documentary on the bbc. scientists behind the program say cameras caught young doll

feigns deliberately getting high by chewing on the poisonous puffer fish. the fish can produce a narktive effect. the dolphins are seen chewing the fish and then passing it around. you can't make this up. the animals apparently got stoned, acting strangely and apparently becoming fascinated by their own reflex. -- reflection. >> an unexpected visitor popped into a picture of two kids during a day at the beach. the mom says the photo she took shows her son and his buddy swimming at manhattan beach in southern california. check out the photo bomb. it looks like a shark is in the water right behind them. the mom says she is still trying to figure out if it's definitely a shark or just a dolphin. mom said she didn't notice it until they were back in her car looking at the pictures. that's probably good thing. >> the new year will bring a new test for president obama's healthcare law. the bench fits are set to kick

in january 1st. now there's word a top official in charge of then obamacare web site is stepping down. >> plus, the deadly terror attack in benghazi. the "new york times" reports al qaeda was not responsible. some republicans are firing back. that's coming up on the fox news deck. youand you're talking toere rheuyour rheumatologistike me, about trying or adding a biologic. this is humira, adalimumab. this is humira working to help relieve my pain. this is humira helping me through the twists and turns. this is humira helping to protect my joints from further damage. doctors have been prescribing humira for over ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. for many adults, humira is proven to help relieve pain and stop further joint damage.

humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problem serious allergic reactions and new or worsening heart failure have occurred. before starting humira , your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, have symptoms such as fever fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your doctor if humira can work for you. this is humira at work.

a fox report now. more headlines from the fox news deck. crew members or a norwegian ship are holding emergency drills before they remove chemical weapons from syria. the group says it's unlikely the crews can get the job done by tomorrow's deadline. >> wells fargo injures settled with fannie mae. wells fargo will pay the lender more than a billion. fannie mae settedled with other

groups, including citigroup and bank of america. >> two teams of elephants faced off in a friendly game of socker in nepal. part of a festival devoted to the animal. we'll hey much more from the fox news deck right after these messages.

a. he will rescue dozen of passengers from a strand ship in antarctica as soon as the weather clears up, according to the russian foreign ministry. officials called off an earlier rescue effort hours ago because of a blizzard. an australian icebreaker got within a few miles of the ship but had to turn around. according to one official the weather condition is not safe for that icebreaker to proceed, and it's gone back to open water. the russian ship left new zealand on november 28th on a private expedition and got

trapped on christmas eve -- the group has a few weeks worth of supplies and is in good spirits. >> president obama's healthcare overhaul takes a major step forward in just two days. january 1st. that's when insurance coverage is set to kick in for americans who signed up before last week's deadline. just yesterday the white house announced that nearly a million people have signed up for the federal marketplace this month, bringing the total number of enrollments to more than 1.1 million. democrats say the new numbers show the healthcare law us starting to work but many republicans argue it's too little too late. >> one million getting on subsidized healthcare in many cases, probably another million getting on medicaid, as a result of obamacare, and six million people who had plans they liked that have been thrown off of it. i don't think there's anything to celebrate. >> we have been a little behind the curve, but on christmas eve

and the day just before that, there were about a million people that were either on the web site or made a phone call to enroll, and so we have seen the numbers spike up incredibly since november 1st. >> top health official says one reason the enrollment numbers have spiked is because folks are encountering fewer glitches on the web site after the da disastrous rollout in october. looks like a good sign for the white house? >> certainly welcome news for the president and his aides. a million signups in december brings the total number of people inflowed federal and state exchanges to about two million. still below the goal of 3.3 million signups before the first of the year, and experts say a lot of those people still haven't paid their first premium yet. >> to actually enroll in health insurance you have to pay the first month's premium, and the most recent feedback from the insurers is that 5% to 15% of

people who selected plan have paid the first month's premium. >> the president has asked insurance companies to give people until the 10th of january to pay that premium, though they're not required to do so, it's cline how many actually well. >> while the number of enrollments is important, who they are is also crucial here. >> you're right. the key is to get a lot of people, a lot of young ex-healthy people, to enroll who won't need a lot of medical care so the premiums are kept relatively low for everybody else, but it's harder to persuade them to buy insurance. experts say right now signups are dominated by less health people, some of who have not been able to buy insurance in the past. >> if you look at the demographic data who is enrolling, it's the less healthy population, and probably older. >> an older, less healthy fool

is likely to mean -- pool is likely to mean higher insurance premiums. >> one of the officials in charge of the'llout is retiring now. >> michelle snyder is the chief operating officer for the center for medicare and medicaid services. she was in charge of budget and personnel, both of which were criticized in the botched roleout of healthcare.gov web site. snyder planned to retire at the end of last year. she was persuaded to stay on. her boss said she chose to postpone her retirement from federal soft at my request, to help me with the challenges facing cms in 2013. there were a bunch of those challenge, including the problems of the aca web site, which turned it into an unfortunate year, and she may have had second thoughts more than once. officials said she is resigning now for personal reasons. >> wendell, traveling with the president in hawaii. thank you. >> joining us now staff write are for the d.c. newspaper,

cameron joseph. why is this woman retiring all of a sudden, cameron? >> well, i think that retirement had been in the works for quite some time. you have to look at the big picture of obamacare. it's starting to move kind of how the administration was hoping. the numbers aren't exactly what they were aiming for, but looking at the polling, it's about where people have been, they are now in terms of their views of obamacare, and it's also less popular than before it started, but people have made up their minds how they feel about it before it kicked into place. >> we have a little over a million people signed up. that sounds great compared with numbers back in october. but we were told the administration hopes for three million by now. >> and it's definitely is not there. some of the numbers are still trickle can from states with their own exchanges and going to be upwards of two million. not sure. but the big question is they got the first numbers in, and people who really needed insurance, who

are sick or older, haven't been able to get it. the real big test will come in march when the actual deadline to get health care human being or have to pay the penalty, and that's the big question. that's when they're expecting younger people, people around my age, who may not have health care, really feel like they have to have health care at this point, who are going to need to be signing up, and if they can get enough of those folks in, they're hoping they can keep premiums down. if they can't get younger folks in, then it could be very expensive for those who are involved in the plans later on. >> shouldn't we know those things? this was going to be the most transparent administration in history. why are they not releasing the demographic information? >> that's a question for the administration, honestly. some of this is because the numbers just aren't in yet. some of this is they still have to figure this out and have been problems keeping their own data. some of the data to insurers has

not been accurate. but it's hard to predict. peel will be able to make their open choices, even if there are incentives from obamacare. but it's going to come down to who ends up signing up for this, and they used a lot of guesswork. it's a very complexion system. both obamacare specifically and healthcare insurance policies in general, and to predict exactly the numbers and effectness the real word, it's a little bit of 'a slap dash, and you have to hope that things work out as your best guess. >> we have also not gotten to the point where people have to have signed up, be covered by their policy at work or whatever, or they get a fine. that's going to races the hackles on a lot of people as well. >> exactly. that's what i was talking in the terms of what the real push comes to shove moment is going to be. that's going to anger some people when they're forced to sign up for it, and people have been talking about that for years, but it will be the first time it's tested and people actually have to feel that themselves and pay it in their taxes if they don't get health

insurance, and if they don't get enough people under the policy we could see a big change before the next election. >> cameron joseph, thank you. republicans are blasting a "new york times" investigation into the deadly terror attack on the u.s. outpost benghazi. the newspaper report that al qaeda was, quote, not involved. the investigation found that anger over an antiislam film had inspired local militias to launch the attacked. it happened september 11 new mexico last year, and killed four americans, including ambassador chris stephens. the find -- stevens, the findings match the obama administration's -- we're live in washington now. why does "the new york times" seem so sure the antiislam video motivated the attack?

>> they list a few different reasons and there's one specific example in this article by someone on the ground during the benghazi attack. here it is, quote, a libyan journalist working for "the new york times" was blocked from entering by the sentries outside and learned of the film from the fighters who stopped them. other libyan witnesses say they received lectures from the attackers about the evil of the film and the virtue of defending the prophet. but a top democrat on the house intel committee yesterday said that blaming the video for the bulk of the violence, not right. >> intelligence indicates that al qaeda was involved, but there were also plenty of people and militias that were unaffiliated with al qaeda that were involved. i think the intelligence paint as portrait that some people came to murder, some people came to destroy property. some merely came to loot some some came in part motivated by the videos. so it is a complex picture. >> the state department says

today the fbi's investigation is ongoing. >> what about "the new york times"? how is that paper respond though criticism of its report? >> in this article the times lays out -- they think republicans are wrong to lump the 9/11 2012 attackers with the 9/11 2001 attackers. the arguments conflate local 'organizations with al qaeda's international terrorist network. the state department today basically agreed and they said they don't consider them an affiliate of al qaeda. >> we have no indication that core al qaeda -- which is what most people are referring to -- directed or planned what happened in benghazi. >> but there are republicans who think "the new york times" investigation is simply trying too knelt former secretary of state, hillary clinton, a clean slate. >> we are not quite as used to this kind of political machine

as the president and the clintons have, and so i think they're just laying the groundwork, trying to absolve her from the lack of security that was sent over there, the number of requests for security that was turned down. >> in response to that comment, a "new york times" editorial page writer today wrote that they have not yet endorsed secretary clinton or anyone for president in 2016. jon. >> thank you. the new year means bigger paychecks for lots of americans earning minimum wage. critics say the increases to cost some people they're -- their jobs. details coming up.

minimum wage hikes in 13

different states are set to start this week. here's enough a look at some of the states with the largest increases. new jersey's is set to go up we bun -- one dollar. but sea-tac washington, 20 minutes outside of seattle, will have the country's highest minimum wage, $15 an hour. more than a five dollar increase from the rest of washington state. but it does not apply to every job in that city. more on that in a moment. some folks in favor of minimum wage increases say they could help boost the economy. but opponents say they could force businesses to hire fewer workes. dan springer is live from our seattle bureau. what are some becomeses saying about this increase? -- businesses saying about the increase? >> they're saying what you expect. job providers are looking for ways to get by with fewer employees because they can't absorb a 60% hike in what they're paying. airline baggage handlers, ticket

pryce is will have to go up but a judge's ruling says the $15 minimum wage will not apply to jobs at the airport because only the port of seattle can set pay and work rules at the airport. but there's still some 1600 jobs outside the airport affected, mainly at hotels, parking lots and rental tar companies. the hotel general manager says he plans on reducing hours and laying off staff. another says he will close a restaurant. a long-term parking lot is looking to layoff attendantses and have customers self pay, and then the owner of three hotels in see tack wanted to built a fourth hotel but that won't happen. >> uncertainty is bad for business and we're right in that area so we put on told, see what happens and if the financing can come through. >> we may never know all the other now that sea-tac has the

highest minimum wage in the country. >> what are supporters of the manipulate wage increase saying? >> well, there's a certain amount of skepticism about the job losses. they won't react until the jobs are gone and right now the cuts are planned. organized labor funded the campaign that is now working to get seattle to be the second city with a $15 minimum wage, and they had a big ally in a socialist who just got elected to city council and i vowing to build on the success in sea-tac. >> there may be a few jobs lost here and there, but the fact is, if we don't fight for this, then the race to the bottom will continue. >> reporter: you talk about a fight. the business community is bracing for a fight in seattle. some say the only way they can survive would be if this also came with a big tax cut. something the seattle city council is unlikely to go along with. >> thank you very much. you can now own the it tallan cottage in which amanda

nix accused of murdering her roommate in 2007. a real estate agent listed the home for more than half a million dollars. although an italian realtor suggests there could be some difficulty in selling the property. amanda knox and her boyfriend at the time went to prison for british student meredith kurcher's murder. investigators say somebody slit kurcher's throat in the house in 2007. a jury later acquitted knox and he ex-boyfriend. they're now on trial again in italy, about knox is back home here in the u.s. beyoncé is getting heat over one of her songs on her latest album. the nasa astronauts are calling the pop star insensitive and what beyoncé is saying in response. that's next.

a volcanic eruption has forced thousands of people from their homes in el salvador. locals say they heard a powerful explosion yesterday before plumes of smoke and black ash started spewing from the crater. authorities ordered anybody living within two miles to evacuate. crews have set up shelters for evacuees. at least two people went to hospitals for minor breathing problems. some nasa astronauts and their family say they're outraged with beyoncé over a six-second audio clip you're about to hear. it's part of a song on her new album. the audio starts off on a black screen. take a listen. >> flight controllers looking carefully at the situation. obviously a major malfunction.

>> you just heard the voice of nasa's public a affairs officer during the challenger explosion. obviously a major malfunction. the the challenger exploded in 1986 on a very cold day. all seven crew members onboard withkilled. a former nasa employee says beyoncé's, quote, choice of historic and solemn audio is inappropriate in the extreme. beyoncé has responded saying, quote, my heart goes out to the families of those lost in the challenger disaster. the audio was in tribute to the unselfish work of the challenger crew with hopes they will never be forgetten. joining us is kennedy. what do you think about that? is this just a simple mistake or a crash misuse of some pretty awful audio? >> i don't think it's either. her point as an artist is to

transport you, and i think music, when it's done right, has that effect. at times it can be shocking. i'm certain that when she set out to do this, she wanted to give people a clip of something they heard and knew and it would be evocative, that would provide an emotional response, and she did that at the beginning of a love song, and when you take it in that context, it's really kind of stunning. >> but a lot of the fan base that buys beyoncé's music wasn't even alive at the time the challenger exploded. >> what a wonderful thing for people to say, oh, what is that sound clip from? you can say, well, in 1986 there was a horrible tragedy and there was a teacher onboard and it changed the way a lot of people viewed the space programs in this country and it certainly changed the subtle program. >> until that point we thought space flight was routine, had become routine. that's part of the reason they put a nasa -- nasa put a teacher

on. >> they thought it was completely safe. and they really had to deconstruct the entire program from that point on, and it's interesting because it's one of those moments where people knew exactly where they were when they found out the challenger had exploded upon liftoff, and i remember going back to my junior high and all the teachers, all the women in school, were just sobbing, and it was such a profound moment. >> because there was a teacher onboard, there were so many students and young children watching. >> yes. >> what about her response, that it's a tribute to the brave men and women of nasa? does that ring true? >> i don't think that when they were producing the track, that when she wrote it or -- whichever producer, when they chose that clip, don't think they were pro-actively trying to pay tribute to that mission. but it's a nice pat thing to say when there's some controversy that erupts. just be honest.

we wanted people to have a strong emotional reaction. this is a love song, and sometimes that's what artists do. they push the boundaries and occasionally they go too far, and i don't want to take anything away from the families who are still mourning or from the brave astronauts who risk their lives going into the heavens. it's a beautiful thing. >> thank you. >> a suspected drunk driver drove his car in a house and killed man and a bedroom. that's accord took the -- accord though sheriffs department. the driver lost control of his car before it jumped a curb and slammed into the house. sheriff deputies say the victim was sleeping at the time. both the driver and a passenger escaped unhurt. investigators said the driver's license was suspended after a separate drunk driving case. he now faces felony charges. we'll have more after this.

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and on this day in 1922, the communist government of russia formed the union of soviet socialist runs, or the ussr. years earlier forces loyal to the bolshevik party leader murdered the russian czar and toppled the empire. a civil war broke out. lenin's side won and established sweeping reforms based on marxist socialism. the soviet union collapsin' 1991 but the soviets raised the hammer and sickle 91 years ago today. >> take a look at the dow. up about, oh, 50 points or so. now 23-points. i'm sorry. 16,050. the dow on track to end with its best year since about. 2003, at least in terms of percentages. it's up 87% since december 31, 2008, and 2008 was a very bad

year. hope your 401ks are liking it. i'm jon scott in for shepard smith, seal you back on the news deck tomorrow. your your -- "your world" is up next. >> midnight tomorrow there could be up to 40,000 new laws and regulations to break, and, boy, are they costing you plenty. >> welcome everybody, i'm in for neil cavuto and this is "your world." new restrictions on tanning salons to fines for flicking a cigarette butt on the ground, a ton of new laws are set to knick at the start of the new year, and no matter where you are you're going to feel it. trace gallagher has more. >> there were a couple of states in particular that about very