>> i went whale watching and got skunked but it is great fun. >> maybe next time. >> next time. >> thank you for joining us today. america's news headquarters starts right now. thanks, guys, we have a major fox news alert on a major winter storm barrel nothing the northeast and putting tens of thousands of people in its hair. >> and 2014 first big snow storm, packing plenty of the white stuff and heavy winds and brutal sub0 temperature and some folks like the people in new york city and boston, they haven't felt the full force of all of this as it wines its way cross the country. and gena has it. >> i am doing a weather report

with a throat longenze. >> i hope i don't choke. and the two storms. one in the ohio river valley and another in the southeast. they will bring a blockbuster storm. the winds are going to be expressive. in some cases 50 minneapolis and that will give blizzard- like conditions in long island and the cape coast. and 10 o'clock p.m. thursday and still seeing the snow and washington d.c. and philadelphia and new york and boston and mainly rain for norfork and still seeing the snow around the rush hour and heading into work on friday. and by 10 o'clock and 11:00 it is offshore. we'll see the wind gusts in express of 30 miles per hour and

that is a concern in the afternoon and evening and overnight. we could see snow totals and the winds are going to be very, very dangerous in this area and people are urged to stay off of the road and traveling in to work tomorrow morning. throw to six inches in the philadelphia area. and red shaded areas blizzard warnings and 10-14 as we get to now new. that's where we will see the jackpot of snow. one of our computer models. six inches of snow in new york and to the in boston and even though it is not a huge snow maker, the winds will make it dangerous. on top of that, we'll see wind chills below 0 and some of the coldest air of the season, really air that we have not seen, they have wind gusts right now. winds are starting to kick up and the storm hasn't gotten its act together. we'll monitor it and make sure i

am hydrated and lot was tea and i have to get through tonight. >> you know, mom and dad said not to talk with your food in your mouth. >> i think i did well. >> don't try that at home. nwalk and chew gum at the same time. >> thank you, jd. >> you got it. >> and new challenges a head for obama care, while the administration is trum petting a surge in enrollment and much improved website, the law e mains controversial with the americans and could weigh heavily. and so moving forward, what is the plan for the white house? >> david, good to see you. >> happy new year. and before we move on to november, start today. if you were starting a new business much like the white house is doing.

whitehouse.goff. and so i ask you, is the white house lowering expectations? or is this expected strategy on the first day of business? >> i don't know if they are lowering expectations so much as hoping once they move past one of the main issues of the website which they believe they have done largely that people will focus on the benefits and the man dated services and bolster coverage levels. i think it is possible as we move in the months a head in 2014. people like the law and working well for them. and the problem for the white house, they start in a sense from a negative territory. people didn't like the law kwh when it was debated or passed and they didn't like the law when it was deemed constitution will by the united states supreme court.

and they really didn't like the law, and while there are a subset of people, 10-15 percent in any poll who don't like it because they wish it was more liberal and government ahead, you have upended a major segment of the american economy and affects every american and people don't like what they see even if they have no choice but to experience it. completely turn around 180 degrees and how many people feel about this. and only time will tell if they are able to do that. but they have to start behind the eight ball there. >> only time will tell for sure. there is criticisms that may lie a head. there is no way it predict what they are. come november, we are looking at midterm elections and i imagine that would be a bone of contention for those who are

looking to be re- elected or seek office. >> the first thing we know about is the cancelled plans for individuals who purchase health care in the individual market. we already know that the millions of cancelled plans had a major affect on the opinion and law itself and credibility of the president of the united states and his approval rating are looming heavy in the midterm elections. there is time for improvement and recovery and damage has been done. >> we know that it is possible that employers who provide health care benefits to employees could decide in 2014 to drop coverage and pay the fine because it is easier to deal with costs in that way and let people go into the exchange. >> that is a speculation of how

it is going to play out. white house is soliciting positive stories in the success of obama care, but tomorrow, we'll hear from the white house about supreme court justice sonya sotomayor blocking the man date for certain religious groups to provide health insurance for employees that includes birth control coverage. how will the white house reaction help or hinder obama care? >> i don't know if there is any way to react to help the law unless they decide to make it easier for religious groups to avoid the man date. i think that would be a way to send a signal that they are sensitive to the issue and not interested in pressuring religious- oriented groups or employers from doing things they find distasteful.

but so far, the white house is sh showing a commitment for the standard of coverage. i am not sure what they would do tomorrow that is any different than that. >> they have pressure on the left to maintain this. liberals feel that providing birth control coverage is essential and they don't want to see that weakened. >> we'll watch as you will as well. the senior correspondent, thank you for being here on this first day of business for obama care. >> thanks a lot. >> another challenge here, the true cost of obama care, and soaring premiums and sky high deductibles are leaving customers in sticker shock right now. and if the middle-class is suffering, the economy could will follow great to see you.

happy new year. you are of the opinion that obama care does damage to the nation's economic recovery and upsetting the markets, how so? >> consumers drive the economy and raising the cost of health care and insurance gives them money to spend. most of the economy is going to suffer in order to pay for obama care. also all of the taxes on health implements like knees and pacemakers and so forth will slow research and development. >> you know the len thousand entrepreneurs in new york state alone have yet to find a single

member, a single member whose health carry costs are going down and on the contrary a overwhelming majority increases in premiums. are you surprised? >> not at all. if you add millions of people in the medicaid roles, on on rolls, that will increase. the number that is available in the marketplace is substantially less. they have less incentive to bargain hard. and instead they pass through higher prices and premiums. much like cable tv and the nfl. you pay higher for the nfl. and mr. obama created little monoplies and it will affect small business.

>> the stories are just now coming out. a woman who got the double whammy of obama broken promises. she lost her plan because of obama care and the best she can do is a high deductible she can't afford and a different patient who tried to fill the prescription. 84 bucks and she can't afford. will these stories be the norm and not the exception? >> they are the norm and they are not the exception in terms of the doubling of the premiums. and if you make more than 96,000 a year as a household with a 250,000 income. all of the sudden health insurance is unaffordable. if it is more than ten percent of the family's income they can't slice it. thousand a month and 12,000 a year. that family is not going to go

on a summer vacation and not able to send the child two college because of the dra matec increase in health care. and a lot of these plans are bogus. like the car insurance he had when he was a college professor and you she up to the pharmacy and if you have to pay $86 for an antibiotic you are paying more than than if you didn't have insurance. >> and a lot of people can't pony up 5,000 deductibles. >> good to see you. >> attack ca-- on take care. >> we are tracking a massive snow storm in the east. the worst is yet to come and they may be affected. we'll bring you the latest. snrgs another massive security breach. hackers are stealing information from snap chat social media

users and we'll tell you which other well known company has targeted on the move. >> should nsa leaker edward nowden get clemency for his crime? they are calling for a pardon. congressman peter king what he said and the damage may be far from over. >> snowden is not in control of them. snowden gave information to a bunch of other folks and they will roll them out according to their time table and needs. [ male announcer ] nearly 7 million clients. how did edward jones get so big? t me just put this away. ♪ could you teach our kids that trick? [ male announcer ] by not acting that way. it's how edward jones makes sense of investing.

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we got a fair price.ruecar.com,. my feeling is that...ing.... and you're like. iyou know, the salesman icomes over..., there's no buyer's remorse, you know. i'm happy with my purchase. it's the truth. when you're ready to buy a car, save time, save money, and never overpay. visit truecar.com the attacks a pore to be unrelated. hackers posting data with 5 million names and phone numbers on new year's eve. and so far they have remained

anonymous. on the skype side the syrian electronic army is claiming responsibility saying they monitor user. many companies have been targeted by the syrian electronic army. >> two editorial papers calling on the united states to pardon edward snowden. saying that clemnessy should be given to the fugitive. we have chairman of the subcommittee of the counter terrorism and intelligence. congressman, thank you for being with us. >> thank you. >> here we have a 29-year-old techie who decides all on his own that the nsa is violating the constitution and didn'tine graduate from high school.

he plans this out in advance. get a job as an nsa contractor and stealing all of the classified information and leaks. it in your mind does that merit clemency or a pardon? >> absolutely. as far as i am concerned edward snowden is a and the rights are being violated and the president's panel said that and the rights are not violated and the intelligence is very important and the leaks by nowden hurt the national security. and the panel said that and the president said that and the new york times said this person who caused tremendous damage to the

united states. the fact that he has done this and he is get a pardon or prefer yenl treatment. it is me and rayicle. they had a swift program to enable them to track terrorist finances. and they are going to go after those in the law enforcement and military trying to win the war. >> if you dig deep in the times recommendation, it is a menda cious. and foreign governments don't want to help us and the former nsa director michael hayden said this. what i am most afraid of is that we will reveal our sources and methods and tactics and procedures to people all over the world that will do the

american nation and people harm. >> general hayden is a patroit. he was head of nsa and cia. he knows as much if not more than anyone. and he knows the tremendous damage that snowden caused and if he the editors are a disgrace and i wish they thought about the rights of americans. >> after snowden stole the data he leaked to greenwald. and i checked the whistle blower statutes. snowden is not a whistle blower. he could have taken the legal route and you are a lawyer would you agree? >> i do agree with that. and bottom line of all of this, no one found any violations. for the billions and billions of phone calls and numbers that are

collected. there is no violations and no phone calls listened to. and no e-mails are read and as far as there are 60 american citizens whose phone calls are monitored and that is only after an exhaustive court process. and monitored by the congress and no abuses and yet the new york times don't care about american lives being lost and they have a american left wing idea logical view. it is time for americans to stand up and reject the new york times and expose them for the rag they are. >> the supreme court long held. and there is no right to privacy. and so the law is clear on. this congressman peter king. good to see you. >> all right. greg. coming up, a fugitive wanted for stealing millions of his dollars. and where has he been hiding and what trouble does he face now. >> we heard him admit he smokes

crack. and even sewn him bust a move. what mayor rob ford is playing to do now. [ sneezes ] [ coughs ] i've got a big date, but my sinuses are acting up. it's time for advil ld and sinus. [ male announcer ] truth is that won't relieve all your symptoms. hmm? [ male annouer ] new alka seltzer plus-d reliev more symptoms than any other behind the counter liquid gel. thanks for the tip. [ male announcer ] no problem. oh...a hair products. aisle 9. [ inhales deeply ] oh what a relief it is. ♪

>> bankers accused of bilking money and tried to fake his death. a judge declared a ubrey lee price dead more than a year ago. but police making a routine traffic stop found price alive and kicking. how did all of this happen? >> when he made his first

appearance in court today, this former banking executive was flankws by u.s. marshals and wearing shackles. >> and prosecutors said he was a flight risk and they are requesting that the judge deny bond. 47-year-old price faces a federal charge of bank fraud and carries a maximum sentence of 30 years in prison. he covered up the loss've 21 million of investors money. acquaintances and family received a letter confessing to financial wrongdoing and threatening to commit suicide by jumping-off of a boot in florida. security cameras appeared to show the banker boarding a vessel bound for fort meyers.

no one was seen going over board and a florida judge declared him dead. he was nabbed by deputies in a traffic stop for having too much window tinting on his vehicle. price told investigators he's been homeless and simply doing odd jobs as a migrant worker if you believe that story. >> windows too dark. >> let that be a lesson. >> a massive winter storm in the northeast and affects felt from new york to boston and all points hit with heavy snow and bitter cold temps: >> and you know that's on me.

we fumbled the roll out on the health care law.

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the 70-year-old was a no she for the treason case. >> and bone- chilling cold in much of the u.s. watches and warnings for millions in the midwest to new england. we have molly live in boston where the snow is piling up. hi, molly. >> reporter: hi, we have a couple of inches on the ground and by the evening commute, plenty of traffic heading in and out of boston. we have seen a lot of plo ws. and the snow is expected to pick up and there is a tremendous concern about coastal flooding heading in midnight tonight and noon tomorrow. and seeing the water come up and smashing in the roads. that is always a concern in the big storms in the coastal areas. this is expected to hit

particularly hard south of boston. and massachusetts governor talked about all of the dangers and that people should be aware of in the road conditions and also the plummeting temperatures. he said the temperature is expected to get very, very low and the wind chill up to negative 25 degrees. and making it a dangerous situation not only because of the rain and now and water that came up on the roads but of how cold it could be. they are staying on top of things they feel, and taking with the utility companies and all of them have presented a plan and they are hoping to keep the lights on in the state of massachusetts and get out there with the road crews and getting ready to turn it back on. when that occurs, keep an eye out later on tonight and the wines ramp up blizzard conditions, particularly south of the city of boston. arthel. and thank you very much and stay

safe out there. >> i am just keep on working hard as i can a round the priorities that the american people care about. it is legitimate for them to expect me to win back credibility on the health care law in particular and on a whole range of these issues in general. >> well, the president back in november acknowledging he had a rough 2013, but hey, it is a new year, 2014. and the president is looking to make a come back and is he equipped to do it. lauren is a editor and jeff is a commentaro. mary catherine, here is a title of an article. management experts knock obama. the knock on him is his resume and thus experience is thin, and community organizer and taught a law school class and septemberor for a nano second and the claim is that he just

doesn't have the skill set or executive experience that makes him competent to govern. is that fair or unfair? >> we all make resolutions and we'll see what 2014 looks like. a lot of our resolutions fall through. it is interesting to watch what were criticisms of obama and obama care itself become a part of the mainstream media discussion now that the rubber hit the road on obama care. you can see the lack of managerial experience make a difference in how the policies work. david gherken said in the political beast. look, there is a emphasis on passing the law and high fiving and patting our backs and doing good and helping people. but not emphasis on sxuting the law. it was a criticism of obama when we came in the white house. but it matters in people's lives. they try to do giant things and

can't do it. >> they excutive those laws. jeff, one of the more common criticisms of the president is he is aloof to congress. he and his staff have little contact to congress. even the democratic leaders. do you think he will actively engage the other branch of government or is it too out of character and too late for him? >> we have seen a push for there to be more direction. he moved away from attempting to push meetings with congressional leaders and then pushing to create relationship with congressional members and the media covered that. that is not a new thing. going into the last few years of his second term. we'll see more of that communication affected. and the communication with party leaders was not doing what i think it needed to do for either

side. >> all of the broken promises led mayor catherine, the majority of americans think it he is untrustworthy. when you lose the sense to govern, it is hard to govern. has he squandered and abused the public's trust. >> the fact that you like your plan you can keep your plan is the loy of the year. it is hitting people and they are noticing. if he wants to have a better year by communicating more that could help with the congressional members. you have to deal with the fact when he said things, hum. are you following through on this? are you telling me the truth? and the go to approach to pivoting and turning over a new leaf is to give a speech. i am sure he will try that and the american people have heard

many speeches including with the lie of the year in it. >> one of the problems with the political piece. >> what? >> let me finish. it is the reality of managing in a corporate space. that doesn't deal with the realities of a political environment and a corporate ceo doesn't have to deal with a board of directors in many cases doesn't want the same thing he or she wants. president obama clearly made mistakes and the administration made mistakes not only as obama care but other aspects of the administration, but deal with the reality that there is a congress that fights tooth and naver everything that the president does and in no corporate environment is there a ceo that deals with that same

reaction. >> catherine, very accomplished american presidents that were democrats, bill clinton and lind don johnson and they engaged congress. lyndon johnson was famous for twisting arms and bending ears and bill clinton would be on the phone in the middle of the night talking and trying to persuade them. >> this president never does that. he doesn't even socialize with the people. in washington, all of that counts? >> i think that is true. it is different than a corporate environment. he didn't run to be a ceo, he ran to be president. all presidents have had congresses. >> no debate. >> and so much worse that i do not buy that in what it is now. they have to deal with it. it is part of the situation, he hasn't put his mind to do that

and dealt with the realities of that. >> jeff, i am out of time. 20 seconds. go a head and respond. >> this president came in office saying he wanted to do it differently and many cases was shown a level of disrespect. but in the end of the day we are seeing a different republican party that is not willing to deal make as the ones in clentones. >> and not good to see a president who is good at. it >> thank you very much. >> and in toronto, mayor rob ford is running for re- election. after admitting he took crack. ford was under pressure to resign over the erratic behavior and druggous. he was the first candidate to she up in city hall when

registration opened. the brother of mayor ford predicts that mayor ford will win reelection in october and cautioning that he never underestimates the competition. >> when he ran down that woman. it was the best imitation of chris farley. fi fiat paying 4.3 billion to take control of the american car company. u.s. taxpayers bailed out chrysler. and in the end. total loss came to little more than a billion. but you know, it is a lot of >> >> billion. >> chris farley. you had to go there. >> we liked chris farley. >> john candy, we miss them. >> moving on. the u.s. stepping up the push for a peace deal sending

secretary of state john kerry to get peace with two leaders. >> a murder mist row. a former spy chief is found dead in a posh hotel room. >> the police were called. and his neck was swollen and thereby giving the police the possibility he might have been strangled and a bloody towel was found on the scene. [ bottle ] okay, listen up!

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a murder mist row unfolding in south africa after a top spy was found dead. the body of the spy chief was discovered in a hotel room probably being strangled. the opsession said the president there ordered the assassination. a rope and bloody towel was

found in the scene. >> the u.s. pushing for a mideast peace deal as secretary of state john kerry arrives in jerusalem today. he will meet with both israel prime minister benjamin netanyahu and the palestinian president. >> i know that i am committed to peace, but unfortunately given the actions and words of the palestinian leaders, there is growing doubt in israel that the palestinians are committed to peace. >> john bolton is former u.s. ambassador to the un and a fox news contributor. today is thursday i think. good to see you, sir. >> happy new year. >> happy new year. listen, secretary kerry is not expecting a framework agreement in the end of the trip, how optimistic are you feeling about what mr. kerry might accomplish?

any progress in this trip? >> i don't think it is possible that there is a celtment in sight and whatever progress is not going to go very far. it is not because there are contentious issues that separate the israels and the palestinian, and what would be the borders and be and handle jerusalem and the military and state on the west bank? there is something more fundmental here and goes to the absence of any institution the palestinian side that can make commitments and carry them down the rod. what coined of state there would be whatever the boundaries that one may draw. this is not a disagreement, there is a fundmental void on the palestinian side unfortunately that makes i think

any peace agreement impossible. >> as we know prime minister netanyahu, that conversation is up first. get your fly on the wall assessment of how the dialogue might go? >> i think with secretary of state john kerry from the opening remarks, is going out of his way to try to accommodate the bum bull administration to listen to their proposals and discuss them in a reasonable fashion. and not that netanyahu thinks there is any promise of peace with the palestinians, he's going to try as he has in his tenure. he is going to try to cooperate with the obama administration's efforts to show good faith. what he wants is for the bum bull administration to either act against iran's nuclear weapon's program or cut israel slack if israel takes military action against that program. he's trying to buy space on the

palestinian issue that he might need in large quantities on the iran nuclear issue. >> mr. kerry will go to, rahala. what does he need to take to mr. a bas? >> i have to say it is a legitimate question. i think it is a waste of time of the secretary of state of the united states. there are more important issues that threaten the american national security than the fruitless palestinian authority that is not legitimate and a hang over of a former terrorist organization and doesn't control the territory that people would be in a palestinian state if there were going to be one. i think it is a misdirection of the time and attention of the secretary of state away from

priorities that from the u.s. national point of view are appropriate. he can talk to the palestinians and he can talk to the israelis, i don't think it will make a slightest israelis i just don't think it is going to make a bit of difference. >> ambassador john bolton, we appreciate your time as all ways, sir. >> emotional memorial service for claire davis, colorado high school shooting victim, where her parents spoke out about her killer. coming up. >> they are finally rescues. we have the details coming up next. >> the chelicopters to take us home. >> thanks everyone!

michael davis who is the father of claire davis who was shot at the high school is forgiving her killer. he spoke with her mother by his side and said he was blinded by anger and didn't know what he was doing. he killed himself after shooting claire. >> and finally, the passengers trapped on a russian research ship have been rescued. they were rescued by helicopter. i know it was difficult who did they do it? >> you know no one considered the passenger's lives to be at

risk. certainly the complex operation was fraught was worry. it did a test run without the passengers to make sure it would be safe enough for them. it had to make test runs on an ice flow to begin the long trip to tasmania. they were not able to make it to the stranded ship and that is why the helicopter had to come in and bring the gap. both ice breakers were diverted from other work they were doing. it will be several weeks before the australian ice breaker makes it to ice breaker. they were studying climate change and they do claim that they were still able to gather a

lot of information. the blogishere has lit up with some criticizing it and defending it. >> indeed thank you so much. >> back here a massive winter storm is affecting millions of people. heavy snow. we have team fox coverage at the top of the hour. and the administration wants to hear people's feel good stories. so what could be the political consequences? ♪ i feel good, i knew that i would ♪ ♪ so good, so good, i got you ♪ i feel nice [ male announcer] evenore impressive than the research this man has at his disposal is how he puts it to work for his clients.

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fox news alert on a major winter blast targeting millions of americans. >> the snow already falling in most spots but the worst is yet to come as high winds combine with heavy snow making travel very hazardous. snow totals could reach more than a foot. folks in the midwest digging out from their own pounding. more on the way. but snow not the only weather issue here with bitter cold reaching much of the northeast and when you factor in the windchill it feels even worse. >> we have live team coverage.

we begin with janice dean. >> yeah, the worst is yet to come. you see the snow moving in towards the northeast. we've got two storms that are going to merge up here and give us our first nor'easter of 2014. we could see wind gusts of 50 miles-an-hour. people are urged to stay inside schools are going to be cancelled. yes, there is going to be a snow

day. temperatures are going to be cold. you don't want to have your kids going out in the snow. those brizard conditi abrizar b are going to continue overnight tonight. thank you for the update. >> greg our team fox coverage continues now in chicago where it is very, very cold and it is going to get worse.

the snow that has been building up, you can see, getting several feet in some areas. along the chicago river. completely frozen, this type of weather has lead to very difficult travel conditions. dangerous on the roads. long delays at chicago o'hare, airport. today, more than 300 flights cancelled. tens of thousands of flights. they are waiting there at the airport sleeping overnight. tonight they are waiting for their flights. not going to get better over the next few days.

a high of negative 8 degrees on monday. cannot comprehend. >> well, this winter blast is affecting folks all over the country. the storm forced cancellations in major delays at travel hubs every where with flights in and out of boston. plus there are more than 300 cancellations along with 45 minute delays reported at chicago o'hare. that is causing a ripple effect across the country. you don't know where the plane that you are going to be flying in is going to. let's take a snapshot at the ripple effect is going.

1600 flights so far have been cancelled initiation wide. 3500 delayed including 61 out of lax and here the weather is perfect. those gusting winds blowing snow which means poor visibility. you could be traveling and yet

you cob affected depending on where you are flying. >> you had to rub it in. had to rub it in. >> that a boy. thank you. >> okay a new effort from the white house to improve the public perception of obama care the administration is now soliciting success stories. even as there is still plenty of controversy over obama care. particularly for millions of americans who saw their plans cancelled. chris, happy new year to you. >> happy new year to you. >> will it cut through the dent of discussions of obama care? >> over the course of time it will be a question of individual circumstances if you are happy

with what the new system works out to be you will feel pretty good and think that he did a pretty good job. if you are unhappy you are not going to like obama care and like the people in the house and senate who voted for it. it is probably smart politics on the part of the president. they have solicited good stories and the biggest naysayers admit that there are going to be a lot of people who are winners under this new system. if you couldn't get health care because of a pre-existing condition, you will be better off. you have to figure that the opponents are going to have horror stories and the companies aren't going to extend a new policy to them. but in the end, it is going to be the accumulation of people who are happy with what the new

system is or are unhappy. >> you mentioned father time he is going to have the final say. how long do you think it will take before this thing gets going? >> the sign up goes until the end of march. that will give us what the white house is hoping for. if we see we are million to million and a half people behind because of the roll out problems, you will have to see what happens and you know i would think by the summer and by early fall the insurance companies are going to look at their risk pools and decide if they are going to have to raise insurance. all of that people will know.

>> okay chris you know that tuesday evening supreme court justice sonya sotomayor blocked the man dadate for certain religious groups to provide birth control coverage. what is the word around washington on how that might go? >> i doubt that you are going to get a decision one way or the other. this is going to be further adjudicated in the lower courts or by the supreme court itself. what we are talking about here is not churches. we are not talking about for profit corporations. that case will be heard in march. we are talking about religious afifiliated organizations. they have homes for elderly people and they say even though they can sign a certification

where they are not responsible to provide birth control. they say that violates their religious principles. thank you. >> well the new year is bringing new challenges for obama care. a controversial provision on the law of course now blocked. we are going to talk about that and the other legal hurdles that the health care law faces. can we expect a big break through? and a truck breaks through the ice. wait until you see how this one ended. this is for you. ♪

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federal investigators still trying to determine what caused the derailment near the town of castleton monday. we are told a train carrying grain went off the tracks. 18 considers of a train carrying crude oil on that track. >> supreme court justice tem

pr prayerly block iing mandate regarding contraceptives. the move racing questions about other legal hurdles ahead. yeah great to see you, happy new year. >> happy new year to you greg. >> how do you think this particular case will unfold? >> i think she did what she had to do which is grant a stay. you have the supreme court trying to hear two cases. the court has accepted those cases for review. they are being pro ining briefe be argued in a couple of months. she has asked for the justice department to respond on friday, tomorrow. that will be what is interesting. with the court granting review i think justice sotomayor did what

she had to do. i don't think she had to -- i have done a lot of supreme courts cases and a lot of stays. >> let me turn to another one. p months ago the president delayed the employer mandate. but back then nobody had legal standing to sue. you had to wait until the law went into effect. here is what a couple of highly regarded experts qs wrote in th wall street journal. the president has given people the necessary standing. this is because the law is dependant on each other. can people sue on that basis

arguing, that it makes it unlawful to apply it against them? >> i gree wieye agree with it. the president and the white house said that the mandates, or the individual mandate, makes it a situation where if one does not work, the others fall. the president said this doesn't work. the courts now individuals would have stand iing to bring in actn and say you know we are going to be armed here because the uncertainty of the situation, as well as the individuals in our radio broadcast we are getting calls from people all over the country. puttingputer aside,

standings are really applicable. states have long regulated and di disciplined doctors. federal within obama care shifts responsibility from the doctors to the feds. i wonder if somebody is going to file a lawsuit on that. you bring up a good point. a lot of doctors i have talked to over the last few weeks are horrified over what is going to develop. the federal government is supervising patient care. the fact is the law is putting that in place. we are seeing that right now. you are going to see lawyers meeting with doctors to get mid gation on that aspect of it flt you are seeing states looking at

legal action there. the affordable care act is subject to multiple prong challenges besides the fact they are having trouble meeting the numbers that they need. you have the legal challenges and it is doomed for disaster and i think the american people realize that this has been a bad move and we are rewritten the health care system in the united states but we have restructured the patient-doctor relationship and we are going to pay the questions consequences of that. >> i was trying to explain that to my daughter grace last night. i didn't do so well. >> you are right to bring it up. the tax was supposed to originate in the house. >> thank you. >> good to see you as always and happy new year. thank you for your time. >> grace is a smart girl and you

are a good teacher. it is just a complicated issue. >> she had a good questions that gave me pause in my attempt to try to explain it. >> this story, a race against time for the family of a california teen declared brain dead after complications after tonsil surgery. the family is not giving up hope to transfer her after surgery. >> she died several weeks ago. she was pronounced dead by one of the chief physicians of this hospital. her family and her attorney did not believe that designation. [ bottle ] okay, listen up!

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three of those people are still in critical condition. we are suffering burns and broken bones. br grocery store caught fire. the roof collapsed making it very grdangerous to go inside. no word on what started the explosion. >> new developments on a family's batting intle to move daughter. hospital plans to take her off of life support after a matter of days. claiming no group has contacted

them to transfer her. >> that is part of the issue here. is getting a straight story out of both sides we know that jahi we mains in a vegitative state. on monday, the court order allowed exextension of the breathing tube to be kept until tuesday at 5:00 p.m. local time. until then according to the hospital spokesman he said that the attorney for the family is creating a situation that is not realistic. >> mr. dolan has created complete and utter fiction. >> we do not believe that there is a hospital in the united

states that will perform surgery on a dead body. that they could produce someone on a ventilate tore. what does that say? >> the new location said has agreed to take jahi. it is a long-term care facility. you remember terry schiavo. they are the ones that the family has agreed to take part. the hospital does admit that they have received the phone call. the hospital has been unwilling to help them. >> that has been the biggest roadblock for us is the trach. they will not perform that procedure and not allow anyone to come in and do the procedure.

we are going to try and go around that and go about moving her without it and find a physician at a nearby facility that will be willing to perform the procedure. >> it comes down to community support. the hospital says she is deceased and there is no chance and no brain activity. and the family says otherwise. does the family have this facility locked up and is there a doctor willing to do what is necessary and will the hospital allow that doctor from outside into do what is necessary. all this by 5:00 on wednesday. >> such a sad sad case. >> they have to do a tracheotomy and a feeding tube.

>> it is not mission impossible, that is what secretary of state john kerry says about a peace agreement between israel and the po tall stinians. >> the website might be working better now but it could have a big impact on this year's midterm elections. what republicans and democrats are planning next. fees. fees. it's just that i'm worried about, you know, "hidden things." ok, why's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally.

video and letter recently released do not prove that warren weinstien is alive. the family is withing for a date specific identification that he is okay. >> jk rowling book is pending. major winter storm is slamming the northeast bringing snow and frigid temperatures. foxboro, massachusetts, some areas seeing more than a foot of snow by tomorrow morning. >> obama care at the heart of

them, conservative groups are already on the offensive dropping serious cash on tv adds that target vulnerable income bents. the white house backing demes up by launching a campaign that highlights the story. john rowley a democratic campaign strategist. >> happy new year. >> lar es i'm going to start wih you. >> well look at this. what kind of success stories do we have at this point. we found a kid in texas who is getting health care for $70 a month. for the most part, americans are finding out that their premiums

are up and the deductibles are up and after the website problems are worked out, does it mean that you can get into see a doctor. obama care is causing problems for people in that way, if i was a democrat i would not want to be hooked to that thing this november. >> hold onlars, you are not a democrat? >> no. >> is obama care what the demes should use or should they be pushing another issue? >> it is stunning that the republicans have brought out of the trash can the 2012 playbook. it failed in the presidential race and in everyone of their major races in 2012. voters have read stories about

obama care so to think that a few hundred thousand dollars are going to skew it, hold on. so should the democrats be hanging their hats on obama care or should they be pushing another issue? in some races they will and in others they won't. the three places where republicans are attacking democrats, you have senators who have their own brand. it is independent of the president and the democratic party. they are going to carve out their own space and brand where they have specific things. the first add that i think any senator has run, mary landreu

was talking about where she was popping the administration's knuckles. okay so some are saying that the federal minimum wage increase, how do republicans force obama care as the main issue? >> raising it is popular among americans. >> i'm sure it is. although what happens is, you raise the minimum wage and your boss says i'm going to have to reduce your hours. you get paid more per hour and you have less hours on the books so your paycheck may get smaller. companies look at it and say at that minimum wage we can't afford to put a person onto that

job. once you pass the thing and it goes into effect people see what obama care is going to actually do to them. what do you say to americans who see their health care costs do? you peeled $100 or $200 or $300 additional every month. that is going to be a real issue for people. i give you the last 20 seconds. i'm out of time here. >> the republican party has to be for something. being the party for attacking the republican party all the time. one of the reasons their approval ratings is at an all time low is they are not for anything right now. john ralleigh thank you to both of you. thank you. >> secretary of state, john kerry, it is real for a new round of peace talks. he is asking leaders to make

some tough political decisions now. he says and agreement is not impossible. >> greg, secretary kerry has been in the region nearly a dozen times in the past year. he is trying to hash out the framework with presidents. he said a peace deal is not mission impossible but significant challenges remain in place. one is the feature of israeli settlements. right now there are more than 300,000 israelis living in the west bank. perhaps the issue of them all is security issues. they are demanding a continued military presence as a way to prevent attacks on israel while they want them out of the state.

kerry may say this is not a mission impossible but a difficult one given the history here. it seems impossible. it sure does. thank you very much. is secretary kerry six secretaries of state and vice president of the woodrow wilson center. you open by reminding the reader that nobody has ever lost money betting against a peace accord. how do you handicap his optimism. >> i don't like making predictions. the guy is relentless. he is the enne energizer bunny e administration.

and both fear the alternative of no process. i suspect kerry will end up if i'm right, with a piece of paper a framework agreement. the problem of course is if that peop piece of paper masks differences, then negotiations are headed for a train wreck. you have five or six core issues on some of them. territory perhaps. maybe security you could bridge the gaps. it seems, look, in your column also you point out that net the >> when i say prevail, he has positions on those three issues that the obama administration

supports. he can i think hold out for getting this needs and requirements met. he wants the palestinians to recognize them as the people. check that box. and kerry has offered him generous terms. on those tree i think he is covered and if in fact the palestinians don't agree, i think he is proby stiably still pretty good position. obama is probably closer to the palestinians on those two. >> what about end of conflict? >> here again, that is what they have always wanted. if he wants an end of conflict all claims have to be

adjudicated. again, a piece of paper? which would constitute something. >> what about the jewish settlements, with tens of thousands of israeli settlers have to vacate? very orthodox, i'm telling you that they will not leave i mean you could bring bull dozers to their doorstep and they won't go. the vast majority may well agree to be incorporated in the state of israel but you are still left with people living there for a long time. it is land that belongs to them and as prime minister's health takes a turn for the worse it is important to point out that only

sha ro sharone the bull dozer could have gotten away with those settlements. you don't have that like that today. the authenticity to bring the public to that position. that is the real problem in the end. do you have a leader who has the clout to make those decisions. frankly in this case on edger side. thank you so much for being with us. >> good discussion. coming up. you could say it is one cool ride a truck made of ice. who made this thing and how. >> colorado blazing a new trail. ganga you can buy it. we are going to go in depth on this. try poligrip for partials.

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colorado now the first state to legalize the sale of marijuana. $500 for one ounce in some areas. activities and customers are celebrating the landmark move but some officials in neighboring states disapprove and vow to keep a watchful eye in trying to keep an eye on it. let's start there. if you are a drug dealer you can go to colorado buy it legal but then what happens when you take it to a state that is not legal? >> this opens up pandora's box. you by uy it in colorado. you take it to another state. and try to sell it. now it is illegal.

you bought the drugs legally but then it opens all of that. now you are selling it illegal. that making it a federal crime. this is already a federal crime. what the feds have said is yes, it is still illegal on the books but we are not going to go after and prosecute you if you stay with certain boundaries and make sure that kids aren't involved. first of all, how are they going to see that and second of all what kind of precedent does that set? >> it seems like it makes it very, very complicated and tough to follow the bouncing ball if you will. you mentioned teen-agers we are not advocating illegal behavior. kids do what dids do.

you get into this dwi. driving while impaired. if you catch someone drinking a beer or two. you get kids that do this. >> you said the right word impaired. when we think of impaired we think of the kid getting the beer. asking the adult to kealakekua bay tbuy the beer and driving. the old days you have the adult buy you the pot and the kid is still impaired under the law and i say this with some research behind me arthel which is in washington state, they saw this last year the pull over arrest rates for medical marijuana rose 40 or 50% in one year. >> you always say everything with research behind it. i know.

i do. >> even in the new year i do. >> by the way, happy new year. >> happy new year. greg, get us out of this. >> she knows everything about bammy acapulco "red "red red. >> how can you can rattle those off? >> passengers strands the eye ship near antarctica are finally heading home.

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a canadian company, a car battery company.

hoping to drive home a point and snag a world record. canadian tire hiring ice sculpturers to chisel out a truck weighing 11,000-pounds to prove how well their batteries work in cold. the company hopes to make the guinness book of world records for the first self-propelled ice creation. yep, if you're wondering, the truck has been melted. >> probably fix it really -- >> passengers trapped on a russian research ship for more than a week are finally heading home. they're getting off the vessel that got stuck in the ice near antarctica criminal eve. a helicopter carrying them to an australian icebreakers. researchers there to study climate change. how is that going for. >> james rosen has more. >> i love the silver thread from

the last store about an ice-made car to this store. i'm digging it. happy new year to you and greg. the crew and passengers of the ship were never in imminent danger. as the vessel was well stocked and everyone maded out in good health. the passengers included a numb of climate change researches. a study concludes that due to the formation of fewer sun reflecting clouds, a development attributed to greenhouse gas emissions, global temperatures will rise by the year 2100 by more than seven degrees fahrenkopf -- fahrenheit. according to the national climatic data center, 12 years from 2001 to 2012 are wrong the 14 warmest in the history of record keeping in terms terms of globally average temperature. but according to gallup polling,

54% of americans believe the effect office 0 global warming have begun. 42% believe the effects will kick in at some future point or never. a similar share of americans, 41%, believe that the seriousness of global warming is exaggerate bid the media, saying the seriousness is underestimated and 24% saying we get it right. so tonight we'll hear from both sides in a debate that can grow heated. you see what i did there, greg? >> cold, ice, heat, you're such a renaissance man. >> i'm going to keep going, you're a cool cat. >> oh, man, i'm have to have that recorded. thank you very much. >> whatever. 60-foot tall duck experiences a big blowout. was it an accident? lower creds

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lots of theories about what happened to a giant yellow duck on display in taiwan. on new year's eve the celebrity bird certainly burst and deflate, and no one is exactly sure what happened. >> here's harris faulkner. >> thank you, both. i'm harris in today for shepard smith on the fox news deck. blinding snow, boundary-chilling cold, and things are going to be worse. right now winter storm and blizzard warnings now have moved in. they stretch from the midwest to the northeast. we have been waiting a few hours for this 0 to happen and at it coming together. more than a foot of snow could fall between today and tomorrow. and already chicago with six inches of the snow, more on the way. winds have just picked up in the last few minutes. our crew is standing by live. we're hoping the shot holds. and here, in new york city, just a dusting but more upstate.