okay. i'm going to let you if on a little secret. as a lawyer, no matter how strong my case might be, i can't think of anything worse being against an opponent named little sisters of the poor. and now it's president obama's reality. the president does have 11 state attorneys general breathing down his neck. alan west joins us. good evening. >> good evening and happy new year. >> happy new year to you. i want to talk about the 11

attorneys generals, they have written a letter to kathleen sebelius about president obama overreaching. what do you think this >> they have to be very concerned at the state level. they're looking at a president who once said people had junk plans and were not in concert with the laws they had established. but because of political pressure i would say, the president comes back and says those plans now can be reimplemented. that causes a lot of consternation at the state level when you look at the state insurance commissioners and the real crux of the matter is, they're seeing an executive branch that has really gone about in changing law just based upon their own really whims. you cannot have a separation of powers, co-equal branchs of government that way. if there's to be a legislative

change to an established law, it has to go back through congress. that's what these attorneys generals are making complaints about. >> we had the attorney general from texas last night. you know, they all talk a big talk and say the president is doing this horrible thing, he's going beyond his political power. we have these letters getting passed back and forth from capitol hill to the hhs secretary. are they really going to take any action or not? >> they have to. if they don't -- how? >> well, one of the things is whether or not they can challenge this based on a very thin possibility of nullification saying states, using the 9th and 10th amendments of the constitution, they're not going to go along with people changing the law in the executive branch instead of executing those laws. this is a real constitutional

crisis that we see happening in the united states of america. >> i've never seen such a slow response for so many who deeply believe the president has exceeded his authority. we'll see if the state attorneys general go beyond writing a letter. when the budget was passed, we learned one of the groups getting a partial ax to retirement benefits is military vets. that's distressing to many americans. but today, darrell issa introducing a bill that would end mail on saturday instead of gutting benefits. is that a good solution and are the postal workers going to take a cut? >> i think that's a pretty easy out saying we're going to cancel service on saturdays. when you talk about the military retires and the medically retired individuals, that's not

a lot of people. but we have made a promise to those individuals, and i vp to be one of them, when you look at the wasteful spending in washington, d.c., you had senator tom coburn on who articulated his government waste of $33 billion of wasteful spending. then you have that gao report from 2011 that has $200 billion of government programs -- >> you found $30 million waste in the pentagon two months in your first term. i'm totally with you on that. why in the world is there no appetite to do something, but there is an appetite about cutting the post office. there is the appetite to go get

snit >> it comes back to a lack of leadership on capitol hill. they're always looking for the low hanging fruit. instead of going after people who have given 20 plus years of their service to this great nation, they should look at changing the rules for their own congressional pensions which kick in after five or six years of service and even after the member has passed away, it goes to their spouse. so there's a lot of tough decisions that they can make and it will require hard work instead of like i seen chairman issa do, go for the low hanging fruit. to now punish the american people instead of cutting the waste, cut the fraud and abuse of the american taxpayer dollar. >> let me ask you about something else, which is enormously distressing, a piece of news today, a poll showing a majority of americans, 54%, believe the u.s. will be on a downward spiral until the year

2050. your thoughts? >> that comes from one simple thing. there's a lock of inspirational visionary leadership in the united states of america. there is no one that is putting out a positive message about this great nation, talking about the resurgence and the recommitment to our constitutional republican values, which is so important. when you look at president obama, he's someone who has lost credibility. he's lost trust, lost confidence. who would have ever thought we would have a president of the united states of america that was awarded the lie of the year in 2013. so that's very damaging for him. on the republican side, as you just brought out chairman issa, looking for the low hanging fruit. so we need to have committed leaders, not self-interest, not special interests, and that's why a lot of people here in the united states of america are concerned about what we're going to pass on to our children or grand children. >> you talk about inspiration, and i think that's a very

important weapon to get the country going, whether economically or in terms of working together. when president obama ran for office, he used to draw crowds of 90,000. inspiration was his most powerful tool. what happened? >> that was false charisma. that was really someone that was telling people what he thought they wanted to hear and not what they wanted to hear. that's the difference between a politician and a statesman. a statesman is going to tell you what you need to hear. if you're going into a combat operation, you're going to inspire them to fight very hard and you're going to train them hard and tell them the truth and make sure that they come back home to their families and what have you. that's what we need. we need someone that says we're not down in this country. when you look at the resurgence of al qaeda, when you look at the failures of this affordable care act, obamacare, because they're nowhere near the numbers they need, this is where you need leadership to step up to

convey a true, principled message and have the policies that support that message. >> off the top of your head, who right now living politician do you consider a statesman over a politician? >> very few. and i will tell you that -- >> give me at least one name. there's got to be someone. >> greta, i have to be very honest. i don't see the person -- when i look at aleader, i'm talking about someone, such as ronald reagan when he said, mr. gorbachev, tear down this wall. i'm looking at someone that can sit across from our enemies and make them fear and respect whoer and go out there with conviction and tell the american people our better days are ahead of us. >> congressman, thank you. >> always a pleasure. thank you. up next, i'm going to go off the record. i don't know about you, but i'm sick and tired of some people. who might that be? that's after the break. plus, the little sisters of

the poor, the nuns taking on president obama, all the way to the supreme court. there is lots of action today. who is your money on, the nuns or the president? and tell us whether justice sotomayor grant a reprieve for the nuns? fifteen minutes could save you fifteen percent or more on car insurance. yeah. everybody knows that. did you know there is an oldest trick in the book? what? trick number one. look-est over there. ha ha. made-est thou look. so end-eth the trick. hey.... yes.... geico. fifteen minutes could save you... well, you know.

okay. let's go off-the-record for just a minut okay, let's all go off the record for just a minute. we just talked about the 54% who think we're on a downward spiral. many wonder why so many young people are reckless about responsibility. have you ever stopped to think about the message we send them? in particular the message from role models. a law school graduate illegally in this country was granted a license to practice law by the california state supreme court. that's some message to send young people. then there's congressman rydell. he got caught buying cocaine. but he didn't resign after his arrest. instead, he's returning to congress to vote on more laws. who knows if he thinks those laws apply to him. what message is the congressman sending young people? try not to get caught? what if you do, it doesn't

matter, especially if you're a congressman? and james clapper told a lie before congress and it was a whopper. and what happens? nothing. absolutely nothing. not each a grand jury investigation for him. he gets a complete pass for lying to congress. what's the message to young people? lying is okay if you're a big shot? lying is only bad if you're not? if you are tough on the young, you might want to lighten up. they seem only to be imitating what they see. that's my off the record comment tonight. if you have an important story you think i should take off the record, go to gretawire.com and tell us about it. now to the latest and toughest legal battle the president will face, the nuns, the little sisters of the poor. they are furious of the obamacare birth control mandate. and they persuaded supreme court justice sotomayor to block the

mandate. today, the obama administration asking the supreme court to lift that temporary block saying it wasn't necessary. but that didn't stop the nuns from firing back, insisting the obama administration is trying to bully nuns into violating their religious beliefs. joining us, daniel blomberg. nice to have you back. >> thank you. >> i sorted through all these pleadings today, and here's what i don't understand. it seemed to me all the nuns had to do is sign a certificate, say thing is against their religious beliefs and didn't have to pay this. >> it comes down to the fine print. if you look at the fine print on this form the government wants them to sign, the fine print says three things. one, when i give this to you, to my insurer, you have my permission to do the thing that i think is wrong on my behalf. two, you must do that thing on my behalf. and three, the government is

going to pay you to do the thing on my behalf that i think should. be done. >> i'm totally confused. the nuns are self-insured and they have someone administer the program, the christian brothers, which is a catholic order. they're not going to be selling insurance with contraception, at least i assume. >> the government is saying you have to sign this form, you must do it. and we will fine you million it is you don't. >> if they do sign it, don't the nuns and the christian brothers, aren't they exempted? >> no. if they sign that form, that is a legal abortion permission slip. >> giving permission to who to have an abortion? >> to their insurance provider. >> which is christian brothers. >> not just christian brothers. >> they have a second one? >> they do. they may. you might be surprised, it's complicated with the obamacare

law, but the christian brothers are a primary health care provider. but there's another entity that provides the prescription drugs. so this would cover the morning after pill -- >> that's a non-catholic based insurance company or administrator? >> exactly. >> that's what the attention is on. >> that's part of the concern. let's step back. say the christian brothers are out there and they get this form, that's it. they're still signing a form that's a lie. >> what's the lie? >> i'm giving you permission to give abortion pills to my employees. >> you are saying if they signed it and the christian brothers went rogue, they could go out and sell insurance or administer insurance with abortion or contraceptive which would be against what nuns don't want, is that what you're saying? >> they could. >> so there is no way they can

-- >> they're signing that permission slip and they don't have control afterwards. let's say even if the christian brothers do anything with it, the sisters shouldn't be forced to sign off their conscience to someone else. and they komtd want to sign a form that's a lie. you were talking about standing up for things and setting examples for young people. and not saying things that are a lie. well, they're signing this form, it's a lie. >> could the form be written differently so they could sign it, so that they are exempt from it and let those who want to do it go do it and they don't have to do it? >> that brings up another great point. there are people exempted from this, right? the catholic bishops are exempted. the catholic nuns aren't. >> that's another issue. >> let's say we took the little sisters of the poor, took their

ministry to the elderly poor people and just gave it over to the catholic bishops. everything would remain exactly the same. just in the catholic bishop's name. you know what the obama administration would say then? it's exempt. >> i don't understand. we'll have to do this another time, but i don't understand why the bishops get an exemption and the nuns don't. daniel, thank you very much. now imagine this. how would you like to get $500,000 to update your social media profile. that's what the justice department is doing, spending more than $544,000 to enhance its company profile on linked in. you heard right. the doj will pay a government i.t. company to make the upgrades. why do they want that? well, the justice department says its criminal division will post job ads and seek out potential employees.

is this a smart use of taxpayer money or absolutely insane? coming up, a michigan doctor vanishes and now a world famous gospel singer claims the missing doctor was stalking him. the latest is next.

a bizarre mystery unfolding in michigan. at the cen a bizarre mystery unfolding in michigan. at the center, a female doctor and gospel singer. the singer claims the doctor was stalking him. for the latest on this case, john mcneal joins us. who is this doctor and when did she vanish and what is going on?

>> that's the million dollar question at this point. we don't know. there is a lot we don't know, a lot we do know. what we do know is she disappeared december 5, leaving behind her phone and purse and tried to leave behind her car, too. when she was denied access to a local hotel, she left town in her car and was heading west towards chicago, when her car went off the road in porter, indiana, and that was the last physical trace of her. police impounded her car. the trail had gone pretty cold by then. they asked to search in indiana but didn't found anything. they found her wallet in the car. she just hasn't been seen since. >> what is the story on the gospel singer, stalking the gospel singer in the videos? >> we learned about that much later. we learned about that in the last couple of days in fact.

apparently she had been sending him messages for over a year, even as she was a student in loma linda, california. it's believed, at least her suspects -- her ex-husband suspects she took the internship in kalamazoo for closer to marvin sapp, who is a grammy nominated gospel singer, who has a large congregation in michigan. she contacted his kids, joined his church, she showed up at his house one day. he sought out a personal protection order from the court and got it. the judge felt she was stalking him, but she's never been charged with that. a couple weeks ago we found a couple videos on youtube. i believe you have a sample of some of those videos there. >> yes, we do. >> hi, baby. good night. it's talika.

i am just coming to you to say hi, and just to tell you about my day. >> she's seen making meals for him, describing her day at work, blowing kisses. she never identifies who she's talking to in the videos. >> indeed very strange. we put the video up. if anyone has seen this window, call authorities. we'll continue to follow it. john, thank you very much for joining us. >> you're welcome. coming up,s is 100% certain, the 2014 midterm election is going to be a sizzler. clay aiken, is he going to congress? stick around. plus, a new obamacare rule, one that will have you asking who came up with this idea? and worse, did we pay for someone to come up with it? you'll hear from an outraged

business owner, coming up.

now get ready to speed read your way through the now get ready to speed read your way through the news. a judge says the mother of a brain dead teen can move her daughter to a new hospital. she has been on a ventlator for almost a month. her family has been fighting to have her transferred from children's hospital oakland. and now the family is getting some help from the foundation started by relatives of terry schiavo. schiavo was at the center of a right-to-die battle after suffering brain damage. that struggle ended in 2005, when schiavo's husband removed her feeding tube over her parent's objections. now to that dangerous winter storm, blamed for 13 deaths, mostly from traffic accidents. it dumped know from the midwest to the northeast, canceling thousands of flights. and now to good news for football fans. there will be no local tv blackouts of this weekend's

playoff games. in indianapolis, cincinnati and green bay. and just a short time ago, the teams announcing all tickets have been sold. indianapolis grocery chain brought the colts' remaining 1,200 tickets. a playoff blackout would be the first in 12 years. ouch. now to florida. and a lion on the loose. a neighborhood getting a scare after a lion escaped her pen at a wildlife sanctuary. now, she's taking a cat nap to recover from her adventure. that's tonight's speed read. okay. is this fuzzy math or not? the obama administration boasting about 2 million people signing up for obamacare. but think about it. how many of those 2 million plus

enrollees are people forced to sign up after their old policies that they liked were canceled? should the obama administration count them as they boast about the numbers? join us is our political panel. fuzzy math or what? >> definitely it seems that way. there are at least 5 million cancellations. we don't know how many of those had their plans expire on december 31. we think the majority. right now what i've heard from health care industry sources they were expecting a deficit of people on their plans as of january 1. they're still sorting through who is enrolled and not. if you do the math, it seems they have not had what their goals are. kathleen sebelius said their goal was 3.3 million and they're at 2 million. they're not even at 60% of their goal.

>> there's something about being forced out of your policy that you might have liked, then you're forced to sign up and they say you signed up. >> that was the goal. it was to make sure that the old plans were no longer valid -- >> some of those old plans were lousy. >> people found out i'm not covered and my cap is $20,000. so all those folks were supposed to sign up for the new law. it's certainly what the health insurance companies need, because those are the folks they want. they want the people who don't have preexisting conditions, and they want people who are young, healthy. these are the customers they need to help sustain their profits, their viability. so in a way, it would be good. however, we don't know how many of them are signed up. we know we have a deficit of

people who lost health insurance, not all of them have it now going into 2014. >> bob, does that 2 million people include medicaid additions or not? >> that includes it all. one of the things that house republicans are doing, a lot of this information we don't know. young enrollees, we have no idea. republicans next week, a bill will be on the floor that will say you've got to release this information. we need to know these details. >> if they're medicaid, they're not going to be paying. >> medicaid is a big part of the expansion of the law. the administration knew there was a stigma when you kind up for medicaid. of course, these people wanted these plans. they signed up voluntarily for them, and these plans in all likelihood are less expensive. >> and they don't cost the taxpayer.

we're not giving the paying people that we need. >> that's my point, who is this 2 million people in terms of paying? i guess we'll find out if that law passes. all right, panel, just when you thought the glitches could not get worse, a new problem with healthcare.gov. it turns out it cannot handle updates like marriages and births. suppose someone has a baby, do you add the baby to your health care? >> there's some crazy process you have to go through. it's this dmv-like experience where you have to go through this nightmare of making a simple change. i think is the problem. it's bad enough taking people's money, but it's even worse taking the time. >> is that just the aches and pains of a new program? >> i think together they can be. already you're losing people,

losing interest, losing the patience of people you need to sign up for this. this adds to that. people say i can't get my kids signed up. i tried ten times, i've got to go to work. and secondly, what makes this really problematic is i believe that people will end up getting some kind of retro active coverage that the obama administration will encourage the insurance companies to give, putting them on the hook for expenses they didn't count on. >> but if they do that, they're going to pick that up in the rate increases next year. the obama administration forces them to do retro active because of the messups, next year when they set the rates, there's going to be sticker shot. >> the administration is in this impossible position. the website still has its flaws, but we're going into primary care problems, whether it's a hassle of being on the phone very long or not having a plan that you thought you had. there will be people who thought

they signed up. and there will be fraud here, no doubt about it. >> we've always had that. obamacare is never dull, that's for sure. everyone is talking about this one, former "american idol" finalist clay aiken may be running for congress. he's considering a run for south carolina's second congressional district. bob, are we going to have an "american idol" contestant in congress? >> absolutely not. incumbents are very difficult to beat. everyone hates congress but 95% of incumbents come back. so this aiken launches a bid, lit be entertaining, but unlikely to succeed. >> the district went by double digits for republicans in the presidential elections that obama won in 2008 and 2012. even in a good democratic year, this district isn't going to go democratic unless there's a huge scandal. if anything, this is probably

more of a vanity candidacy. >> is it possible he's been encouraged by the democratic party? >> it's highly likely. he's talked to a fund-raising arm. i think you're right, it's an uphill climb, but he's won half the battle. he has name recognition, and the current incumbent is facing challenges from the right that could drain stop funding that she would need. so primary battles can hurt general election candidates. >> any other celebrities? >> they don't usually run. al franken is the exception, arnold in california. when they look into it, there's not a lot of money compared who that they are already making. number two, they could be a freshman in congress. >> let's face it, the halls are full of celebrities in congress.

a lot of them are former athletes, but we've had fred thompson, fred grandee, arnold schwarzenegger, p.t. barnum was the governor of bridgewater, connecticut. >> i saw some rumblings about donald trump. could he be governor of new york? >> highly unlikely. >> i think it would be a fascinating election to coverage. i'm excited for it. >> the senate could flip. >> panel, thank you. straight ahead, 50 shades of confusion. americans from coast to coast running into problems as obama kicks in. and is your state the most frustrated or the least? governor chris christie and his new jersey pal senator cory booker burning all twitter on this cold day. that's next.

okay, everyone. it's time to hash it out. okay, everyone, it's time to hash it out. a garden state taking a snow day and as politicians taking to twitter. cory booker grabbing a shovel and tweeting, heading out in about an hour to shovel for seniors and others. if you're interested in joining,

tweet back. senator booker always live tweeting tales of his shoveling outing. stopped to help a senior shovel out his car. turns out hfrls neighbor's car. and governor chris christie slamming a popular tv show. a parody account. if we have a snow day today, consider reading the tweets. better than "the price is right." the governor responding, well, certainly better than "the newsroom." and nothing says style like a pair of good suspenders. the actresses are in good company. a familiar fox news face also making that list, bob beckel. saying he looks best talking tough with his sleeves rolled up. congratulations to our good friend, bob.

coming up, different states, different problems. obamacare causing all kinds of confusion across the country. how bad is it in your state? that answer is next.

coast to coast confusion. a national review analysis showing obamacare is causing frustration for americans in all 50 states, from north carolina with more than 100,000 state workers without coverage. and minnesota, the average wait time for a phone call to enroll is 1 hour and 14 minutes. jim garrity joins us. let's talk a couple of these states. how is oregon doing? >> i thought about setting up some sort of ncaa brackets of all 50 states, narrowing down the worst states for dealing with these health insurance.

oregon, the state website has failed in its entirety. you're seeing this lovely little ad, just basically sending people to a website that does not work, didn't work on october 1, didn't work november 1 and doesn't work today. they have to do everything on paper applications. >> that's awful. >> the ad is terrible and the system is terrible. but you have so many folks that think they've done everything correctly, they've sent in the forms, they're waiting for the bill, how do they pay for it. and they haven't gotten their cards yet. they think they have insurance, they're not sure they have insurance. they hope they don't get hit by a bus and have to go to a hospital tomorrow. >> the message to oregon is stay home and don't play with knives in the kitchen. >> you're really hoping for that

insurance card to come through and that's the problem you see. >> how about tennessee? >> tennessee, really kind of fascinating. the economic effect of obamacare. if you're an employer, you have to provide health insurance if you have more than 50 employees for more than 30 hours a week, and apparently there are 11 school districts in the state of tennessee and they are now shortening the number of hours of substitute teachers. another example of the unforeseen consequences of this. much like the voluntary firehouses still waiting for the irs to consider whether a volunteer is an employee. >> minnesota? >> minnesota. first of all, the website was down again thursday. maybe that relates to the awful

weather we've had and some key server froze. you said earlier the average wait time was 76 minutes, which means some people are having less, some are having more. most people trying to get insurance and have had all these problems with the website so far, you don't have an hour and 15 minutes waiting on hold and just from the kind of comments you find on facebook, people are not happy once they get through. >> california? >> california, where to begin with california. probably the most interesting example is they just found out they don't have enough money to keep it going beyond 2015. the federal government gave them lots of money, in the case of california, roughly $1 billion. this is another one of those ads out there in california.

they realized it's not going to be self-sufficient starting in 2015. they're about $78 million short. chances are fees will go up higher. this is something you are legally required to purchase or pay a tax of 1% of your income this year, 2% next year, 4% the year after that. this is going to be a 27-part series we're working on here. >> we'll do it all weekend long. jim, thank you. president obama wanted to sign obamacare into law to give every american access to health care. why does obamacare require vending machines to post calorie counts. what does it have to do access? our next guest is a vending machine owner. and senator rand paul will be

making a big announcement tonight at 10:00 p.m. on "hannity."

now it's ti now it's time to show what we're watching. we put together the most fantastic videos. talk about a turkey chasing a u.p.s. driver around a fed ix truck. finally, the worker manages to escape. maybe the turkey was mad because his christmas gifts weren't delivered on time. and no place like home for the holidays. check out what happened when jennifer hudson gave someone a house for christmas. yes, a dream house from a dream test test coming up, could obam

put another industry out of business? find out why the vending machine you count on for your midday snack may be at risk. that's next.

a new government regulation of obamacare, forcing vending machine companies to post calorie counts of each treat. that could cost the industry $25 million just for the first year and put some venders out of

business. good evening, butch. what do you think about this regulation? >> simply insane. it makes no sense. why do we force small businesses like mine to post calorie count. i believe it's a very good thing to have the calorie counts. but why don't they make the manufacturers post it on the labels? coca cola, pepsi cola, they can afford it. and half of them have it on their packaging already. i don't know why they push it on us. >> that would make sense, if you're going to do it, put a big 50 on something as to represent calories. the thing that's unusual about this is the whole idea of obamacare was to get access to health care. that was the fundamental core reason. now what it's doing is as those

health care comes through calorie counting. >> we want people to be healthy, but what does this have to do with health care? people are going to -- vending machine business is about convenience. it's in a place where people can't get out or something to drink or in a school or somewhere else. if you want to give the information, great. put it on the packaging. by us to do something like this, my company a lone will cost about $1 million. >> how would you do it? >> we would have to purchase part that would read out every calorie of every item. if you selected item a-1 and it was a bag of chips or something like that, it would read out exactly what the nutritional exacts are of the product. but if the product gets mixed up or the man that loads the machine doesn't put it in the same place, now it's all off. it has to be reprogrammed once again. it's a never-ending battle for me. >> i'm sort of an expert in

vending machine food, i've lived on it for 11 years. sometimes there are different candies in different slots behind it. so maybe a mounds bar in front and something different behind it. >> exactly. you would have no idea which item you're getting or what the nutritional value is. the whole thing makes no sense. >> is it going to impact your business? >> without a doubt. anything i have that's marginal, i wouldn't even bother with it anymore. >> butch, just keep pounding the phones. maybe you can get a congressman or senator to do something. putting it on the packaged

items, the big company, seems like the smart thing to do, if it's something that should be done. butch, thank you very much. see you all again monday night at 7:00 p.m. bill o'reilly is next. and go to greta wire. averto. welcome to "red eye." tonight, ah. >> coming up on "red eye." a giant evil rubber duck nearly destroying taiwan. we'll show you the advanced high-tech weaponry that brought down this massive beast. plus, does the white house want to build a taco bell on the moon by the end of the year? >> we need it promptly. there is no time here. i am saying this has to happen quickly. >> and finally, mentally disturbed cars who think they can fly. our panel has tips to make sure your vehicle steers clear of this horrifying illness. none of these stories on "red eye" tonight. >> and now let's welcome our guests. she is so hot and bright that the sun has to squint when it