we'll be back here next sunday morning as we are next sunday morning, 11:00 a.m. eastern, 5:00 p.m. eastern, back at you with the latest buzz. >> hi, everybody. i'm jamie colby and we welcome you to a brand new hour inside america's news headquarters. hello, jamie, and hello, everyone. i'm rick schodd. it's a new delay and a new day and delay for obamacare. the administration reportedly putting on hold yet another key provision of the law. that is until the irs can sort it all out. we'll have a live report on the latest and a u.s. senator will be here to react. plus, a reporter from the "wall street journal" goes for a walk in the woods, but never returns. the fbi is on the case and we'll give you the latest in the

search. and it may not have seemed like it, but there was plenty of room to roam the mall this past holiday season. many shoppers, they said, staying away from the stores. we will explain what is behind this new trend. and that trend could affect you. more on that later with brenda butner. but first, another obamacare delay this day. this one putting the brakes on a key provision of the law that was support discriminators from discriminating against lesser making employees. peter ducey, making his way up to that top executive branch is live in washington with more. hi, peter. >> hi, jamie. this is the latest delay to a regulation that was written into the affordable care act to basically level the playing field by requiring companies to provide the same benefits to

entry level employees that they provide to the executives. this was first from the "new york times" and to a provision that was supposed to kick in shortly after the president signed this bill into law back in 2010. but because the irs still hasn't spelled tout business owners exactly where to draw the line about who counts as a highly compensated employee, nobody knows what to do. and until the irs figures out exactly who is highly compensated, we're not going to go when this regulation actually kicks in. the treasury department, though, sent this over. quote, under the affordable care act for the first time all groups' health plans will be prohibited from offering coverage to their highest paid employ es. the treasury and hhs are working on the rules taking into account public comments previously requested. with 71 days to go during open enrollment, the administration is saying 2.1 million people are

signing up for new coverage. but they haven't yet revealed how many of those people have paid their premiums. something we are herg what in the "wall street journal" is that the only 11% of all those new signups were previously uninsured. that means most of the people signing up are flocking to health cacare.gov and other sit because their coverage was canceled the the administration saying they are ramping up outreach to certain groups and they think by the end of they'll have an appropriate mix of individuals enrolled. >> what they'll need. okay. peter, live in washington. have a great day. in a moment, we'll be joined by senator jerry moran of kansas who will discuss this latest issue in obamacare. but first, i want to tell you about the other stop top story of this day, and that has to do with the nsa. congress and our intelligence agencies, as you know, trying to decide what's next. that after president obama

announced his new plans for surveillance reforms this past friday. but what washington, proposing changes is one thing and putting them into effect quite another. so what's the plan? national correspondent steve sutani joins us in washington. >> good morning, eric. some say our privacy being violated while others say our security is being protected. two very different sides being aired today. last week, the president announced most of the data gathering program would remain in place, but he said there would be changes in the way americans' phone records are stored and accessed. the chair of the senate intelligence committee today saying that data needs to be in government hands for quick access. >> the whole purpose of this program is to provide instantaneous information to be able to disrupt any plot that may be taking place. and, you know, i think a lot of

the privacy people perhaps don't understand that we still occupy the role of the great satan. new bonds are being divides. new terrorists are emerging. >> but others say they don't trust the government to hold such private information relating to personal phone calls. they say it ought to be stored by the phone companies or by another third party. >> there are terrorist threats. people do want to kill us. and yet we have this thing of the fourth amendment which is a deep, abiding part of our culture and our society. i want this data out of the hands of the united states government. that bothers me. i don't like relying on the good faith and good nature of the people in charge. house intelligence committee mileage rogers say he thinks edward snowden had help in stealing nsa secrets and says it

may not be any questions dense he landed in russia after he fled. >> thank you so much for the latest and it will continue. >> turning overseas now, to that dead a attack in afghanistan. three americans at least were among the 21 killed. lexi cammerman of chicago. she worked at the american university of afghanistan and she was working to help make sure young women get an education. on the right, basra hasan, an american unicef worker. and it happened in one of the most heavily guarded areas of that country. and a 17-year-old russian boy, now believed to be the main

developer, one kid, 17 years old of the software that allowed those hackers to steal information on millions of target customers over the holiday season. the cyber security firm intel crawler, it's called, says that the same software affected six other retailers' information and the boy reportedly sold his creation for roughly $2,000 with discounts offered to buyers who agreed to share any ill gotten profit gained by using the software and they are looking for him. fox news extreme weather alert, another deep freeze is on the way. according to forecasters, another blast of arctic air is making its way across part of the midwest, the great lakes, ohio valley and the northeast over the next few days. as many of these same areas continue with conditions.

at least a lot of those folks in the hundred eggs of thousands got their party back. >> we talk about the fact that it's been very dry and warm across the west. so two extremes. we are going to be dealing with throughout the workweek because both of these are going to be in play. that high pressure across the west, that's going to continue to bring record warm temperatures, gusty winds for southern california. they are into a 100 year drought. we're going to see these clipper systems, as well, along the jet stream bringing several inches of snow and windy conditions. look at your daytime highs on monday. single digits across the northern plains, great lakes, and it spreads into the ohio river valley and northeast.

22 is your daytime high for boston. international falls wab daytime high of minus 26 whereas on the 9th of january it was minus 311. fargo, not far off here. chicago, that will feel relatively balmy to what you felt on january 6th at minus 16. it will be zero. n the windchill will be colder. yet again, another arctic plunge wednesday into thursday. back to you. don't shoot the mess aenger, as you said. >> exactly. we'll be here for everybody. >> jamie, earlier in the news cast we told you about the latest obamacare delay over actual health benefits for employers and employees. the proposal was put into the law back in 2010. but now four years later it's

been put on hold over questions of the irs. just the latest play to hit the problem. >> jerry moran is a member of the obama care. good to join you from the little apple. >> are you surprised at this latest delay? they keep on coming almost every weekend, it seems. the more, surprise miss serious announcement and, oops, another delay? >> no. it's hard to be surprised any more. it reminds me of two things. one, that the american care act has huge problems, that the administration is once again delaying one more aspect of it. but also troubling is the fact that the administration has taken on the role, in my view,

gives legislativive authority to congress. this is efd of problems in two areas. one, the terrible nature of the consequences of obamacare. and two, an administration that one more time is utilizing whatever authority it believes it has to do things without involving the congressional branch. and b of course, it remind me and no opportunity to thax these kind of things. >> the president says he's going to use the power of his pen to get action, in his words,

cutting congress out. how do you feel about that? it's a variety of issues. >> absolutely. what the stooub constitution says is always subject to court supervision. but this doesn't seem outside the realm of what we learned in middle school government last. we were total that it is congress, the ledgit administrative.it was acted by congress. incidentally, there is another series, one in a series of delays/changes by the administration. but you know, they keep forgetting, they fail to change the one that really matters. how about the changing the actual individual mandate? 1k3 if you wanted to do something to help the american people, the one that they refuse to deal with is the individual mandate causing tom problems for

and even those there's bumps in the road now, they have to get the kinks out and once they do, it's going to work. >> identify always thought we could improve our health care system. it's not that our health care system is perfect. but can't we develop -- couldn't we have developed a health care plan that maybe is -- that was much more incremental, get ready of this idea that you have to pass the whole thing to find out what is in it. make small changes at a time to try to improve the situation over on time. but we are concerns raised by kansasans and americans every day. part of my job is to help people and it's very difficult to do that, to help them manage their way through the affordable care act and its consequences on themselves, their families and their businesses, but clearly it

is important to have that information without something that they liked. and i still think the most damaging feature of the affordable care act today is the promt promise that if you like your policy, you could keep it. which was known from the very beginning, not to be true. >> 30 seconds, there concerns the what's going to happen to people at -- the next thing we're going to see is those companies dropping their insurance for their employees. one more round of no longer covered notices, your policy is no longer available. >> thank you for sgroining ijo. >> thank you very much.

for more on what the delay could mean for america's future, we'll have a debate on that straight ahead. also, there are new developments from this week on the benghazi terror attack. a new report finds the attack was, quote, preventable. we're going to try to get a problem. we'll tell you where this is happening this morning. [ female announcer hands were made for playing. ♪ legs, for crossing. ♪ et...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to manage your ra, now may be the time to ask about xeljanz xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well.

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time now for a quick check of the headlines. a handle on the massive wildfire in los angeles. it's now 78% contained. and it is expected to be fully contained by wednesday. firefighters trolling for hot spots with low winds acting in their favor. residents have begun to return. overseas, two coordinated gun attacks during an anti-government attack there. this is the latest violence as protesters call for the prime minister to step down ae as they try to derail the upcoming electiones. meanwhile, hundreds of protesters clash with riot police in the ukraine.

that after the harsh anti-protest las vegas there. month will have long anti-government protests have been held at kiev which is closer to russia and farther from the european union. obamacare, what does it mean for the president's signature legislation? here are chris kathenis, and fox news political analyst angela mcglowen. good morning to both of you. >> good morning, jamie. >> morning. >> tell us about this particular delay. was it expected? >> well, i don't necessarily thit was expected.

i think it's been part of the challenge. in this case, it's probably them being cautious. there's good news and bad news to this. i think writing the legislation, writing the regulations right to minimize a negative effect is the smart thing to do. the bad news is it makes it easier for angela and other republicans to criticize to roll out in the legislation. >> you just wound her up. >> so you're t'ed off, then, angela. more than just in the literal sense. what could be here, other than the discrimination of employees getting fair coverage, other than that and the if the r fact that it's delayed, what do republicans have to say about it? >> well,jamie, there is no beef. and the bottom line is, chris, we're not pulling criticism out of the air. this is the president's signature legislation.

30 years ago, a similar law was passed to keel deal with discrimination dealing with employees. i'm for a level playing field. everybody should have equal access. but dealing with regulatory reform or creating legislation, that should have been done before this bill passed congress. that should have been done before president obama enacted it. so after 2,000 delays and amendments, obamacare is still a train wrest. >> i remember when people were looking for a waiver. wasn't the idea behind this was that everybody should be access to health care? >> well, look, this was a goal of the legislation and, obviously, the reason why i think they're trying to write this regulation the right way is to be sure of the outcome. i know republicans and others are going to be very critical

about the obamacare delays, whatever they may be, and i understand why. some of it is valid. but putting that aside for a second, if you look at certain plans, whether we're talking about medicare, when it was supposed to roll out, there were people that were confused about whether they were eligible because it required people to see a birth certificate. a lot of people born at that time didn't have birth certificates. there were other people that weren't sure about medicare and social security. now, i don't think there are many republicans that would go out there today and said let's get rid of medicare. there -- >> we're talking about apples and oranges. >> no, we're not. >> listen, chris, as injury saying, there's problems with obama care and there may have been issued with obamacare, also. would it be any different if this was a proposed republican

white house plan by a republican? wouldn't you be sitting there and pointing out the things that would go wrong? and the bottom line should be how long until we get it fixed? >> look, i think it's fair to be critical. i do. i have been personally critical at various times. but i think it's whether you're focused on repairing the legislation or repealing it. where the criticism of the republican party, i think, gets it -- for me at least personally being questioned is this is really part of an agenda to repeal it. >> let's ask angela. would the republicans consider repairing versus repealing at this point? >> we want to repair it. the bottom line is, democrats can bring up medicare, medicaid. the legislation is flawed, chris. and you have americans out there that are getting hurt, people

with cancer that don't have health care insurance. people with debilitating diseases and they don't have health care insurance. nancy pelosi, obama and rahm emanuel shoved this things through congress and now we're looking at the effects. whenever you put politics over policy, this is what happens. >> before we go, chris, when is it going the be fixed? employers sitting in the situation not knowing whether or not they can give benefits to different employees as part of their income and benefit package, they probably won't hire. that will affect jobs. wouldn't you say? >> well, i mean, let me answer the first part first. over the next year, we'll be talking about this a number of times. anytime you are on the roll out a major piece of legislation, it's true with social security, medicare, medicaid, you're going

to have challenges. unfortunately here i think you have more challenges. that being said, i think you're going to see them -- they're getting a handle on this. they have a handle on the website. they're getting a handle on the regulations. >> we believe in a -- >> but at the end of the day psh. >> we're in the free world and we're getting a handle on things? >> health care reform inspect. >> changes that can make it even better, say the republicans. that is your viewpoint. both of you, thanks for presenting both sides. we just want to prevent people from getting sick and if they do, we hope they'll be covered. thanks, guys. on that, we agree. >> that's a conflicting debate right there. you know, there was a meeting at the white house on the night of the benghazi attack. who was there? what was said? one congressman who asked those questions says the top brass flew it was a terrorist attack. within minutes, he joins us live with more coming up next. plus, the fbi has now joined the growing search for a missing reporter for the "wall street

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it was a white house meeting on the night of the attack in benghazi. the new details emerged this past week over apparently what was said. the senate intelligence committee concluded the attack was, quote, likely preventable. and the report criticized the state department, the military and the u.s. intelligence for missing what now seems like obvious warning signs. one legislator who was asked some questions, a member of the house armed services committee who joins us from cincinnati, congressman, thank you for joining us today. >> thank you. glad to be here. >> you asked some tough questions at a hearing about that white house meeting during a hearing on benghazi. to you, what is so troubling about what you found out and about the results?

>> well, go back further to when this event occurred. i was not in congress yet. i was won a primary for general election. i'm a military person, spent one year in rack. i was at a base three, four times a week and sometimes we have demonstrations. i don't think it takes long for many military personnel to realize a the difference between a terrorist attack and a demonstration that got out of control. and i found it hard to believe that anyone in the military would be advising as such. and so those were the questions i asked. i said was anyone in the military ever calling them a demonstration that got out of control? >> but you've got to explain it to carter ham. >> general carter ham is the xcom commander. colonel bristol, a special ops commander. both of them emphatically said we referred to this as the

attack or as the terrorist attack. and general ham went to far as to say that was the conversation that i had and secretary panetta and general temporarisy. before they went in to advise the white house. the next day, jay carney said from all the information we had, this is called a demonstration. and i can't believe that secretary panetta would have gone into the white house then and said we had a demonstration go out of control when that was never there conversation. so i was relieved -- >> what you're saying is at the pentagon, ham said he told martin dempsey and the defense secretary both in a meeting, they were both together, and then those two guys go over to the white house with this information in their heads supposedly that it was a terrorist attack? but that's not what then came out. >> but that's not what we got the next day. and jay carney said the next day from all the information we've gathered that this is a demonstration.

>> what do you think happened? >> well, that's what we would like to know, right? we would like to know who was in the room that made the decision that they were going to come out and say to the american people that this was a demonstration gone out of control when no one was advising that. so the key question is, what was going on in the white house ta the next day and for a week or so afterwards we were told something else. i'd like to know who was in the room and what was said. i would love to hear from secretary panetta, although he's now retired, it would be nice if he would come out and relate to the american people what he advised when he went to the white house and was he there when the discussion was had to say that this was a demonstration. >> can he be subpoenaed on that? >> he could be. sometimes it's difficult to get them there, but i think that should be our next step and i'm going to push for that. >> now, the president said from the get-go, they said it was

terrorism. >> that's interesting because when the president came out the next day, he talked about the event of the demonstration. he did say that we will fight terrorism, but he never called that event a terrorist attack in the days that followed the attack. so i think that's misleading. he did not call this event a terrorist attack. and i just find it interesting that they can stick to that for nine days and certainly we're revealing it now. >> and finally, congressman, as you said, you were in iraq, an iraq war veteran, a reservive, abu ghraib, what is your sense of where we go from here and what this all means? there weren't military asset toes help ambassador steven. this country failed him. what do we have to do? what is next? and you have the alleged master mind of this attack walking around benghazi free as a bird.

>> well, we have auto couple of things to think about here. one, we need to realize what our reaction force can look like worldwide and are we postured to help in places where we have americans that are in danger? we have to be out in front of that. also, we have to pay attention to the warning signs in the state department as the senate report clearly says did not pay attention to the warning signs that were given fovr for months on this attack. those are things that we have to do on a day-to-day basis. this is to protect americans and to protect those that protect us. >> ben, we thank you for joining us and of course we all thank you for on your military service, too, and for your insight. >> thank you. absolutely. >> always good to mention how much we appreciate our troops. the fbi is now searching for a "wall street journal" reporter. he's 55-year-old david bird and he went for a walk near his house in new jersey you about he never returned. brian innis is live in our news

room with the latest on the investigation. brian. >> hi, jamie. eight days after "wall street journal" reporter david bird went missing in long hill township new jersey, police are be fundamentaled by how little they know about his disappearance. they say they have no evidence of foul play. david and his wife, nancy, were putting away christmas decorations last saturday afternoon in their home when about 4:30 p.m., david put on his red jacket and told his wife he wanted to take a quick walk before it rained. there is no sign of david. hundreds of volunteers have taken part in the around the clock search for david. police are using helicopters, divers in the river. the search is concentrated around a wooded area called hicks track and other nearby routes that david was known to walk or hike. >> we suspect that the individual may have went out on the ice at some point at night and may have fell through. so using the camera, we probed through to see if he's lodged

underneath it. >> the athletic 55-year-old ran a new york city marathon this year is and is a boy scout troop leader. he received a liver transplant nine years ago and takes medicine twice a day. but david did not take his cell phone or his medication with him when he left. >> we're devastated. we're desperate. and we're heart broken. and in agony. we just want david back home. >> david is described as a witty, funny family man, a father of two children, ages 12 and 15. if you have any information, can a call the police department at 908-647-1800. >> even if you call 911, they will get that information to them. thank you so much, brian. >> thank you. >> eric. jamie, you may have that you thought that the mall was packed on christmas season, but now some are asking where did all

the shoppers go? we will discuss the economic impact, coming up. ♪ ♪ so you can have a getaway from what you know. so you can be surprised by what you n't. get o times the points on travel and dining at restaurants from chase sapphire preferred. so you can taste something that wakes up your soul. chase sapphire preferred. so you can. there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order.

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pointing blame towards the nasty weather. but analysts are pointing towards a new shopping reality. and i don't mean a reality show. it's a new study that cites the long-term change in shopper habit with in-traffic being cut nearly in half. what is it mean for retail, our me, jobs and for you the consumer? joining me all to explain it all, brenda butner. your fun days on the clock. look, brenda, i love the mom and pop shop. not only do they know you when you come in, but it has personality. we want to keep them in business. now even the big retailers are complaining foens folks aren't coming in. what's going on? >> it's amazing.i'm not a mall goer. and it seems a lot of people just don't want to go to the mall. the truth is that they're going online. so they might get to showrooms, which is what they do at best

buy. they go and look at the product, then go online, get the best prices. online sales are increasing at twice the rate of retail, brick & mortar stores. >> price or traffic? >> no. sales. >> that number. yeah. >> there's convenience and there's price comparison. but maybe could this be an opportunity to walk into a best buy or a walmart and say, look, online, i presented this out and i could get it for $59.99 instead of $79.99, will they match a price? >> you almost don't have to do that. the truth is that these stores are being forced to bring prices down and that's cutting into their profit margins. and it's not just the retailers at the mall. it's walmart. it's target. the it's the deep discounters which are having the same problem. people would just rather be at home in their pajamas, you can

get free shipping a lot of the time. >> how did you know i was in my pajamas? >> well, we're sisters. >> so what is the future? is the mom and pop shop going to go? will the big retailers consolidate? fewer stores? >> very good point. home depot is shifting its investment. it's not opening as many stores and shifting investment to online. we're seeing lots of places lay off workers. jcpenney's, just a disaster. but what is going to happen is i think we're going to see the shift from the mall to online. it's not lose we're losing jobs or we're losing -- >> well, that could be and i hope so. but a lot of times you pick up the phone to call online and you get another country or outsourcing. >> that is true. but we're seeing outsourcing in

many ways. and that is a very good point. but i think it's not necessarily bad for the economy. in fact, people that go online buy more and you think shopping and this and this -- >> they used to put the candy at the register to make you go home with it. i'll though this out, but if you want to have a call center hire vets or elderly people who need to get a little extra income, let's put them no work. >> you're not just dr. colby. here you are, the economics expert. here we go. >> ben bernanke, maybe i'm going to be next. i like it. thank you so much. >> all right, brenda. that's great. >> we'll put this up on our website and we have a lot more coming up for you. brenda, always on bulls and bears. you don't want to mess it, saturday at 10:00 eastern on the fox news channel. there's more. we'll be right back. when i first felt the diabetic nerve pain, of course i had no idea what it was.

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delayed until it's studied by historians. at the moment, what happened that desperate night is seen by both parties as a tricky issue for former secretary of state hillary clinton. should she be the democrat presidential candidate. mismanagement follows her everywhere, were it not for her presidential husband and his friends and appointees, hillary would be baking cookies and sipping tea in an upscale suburb. apart from the seductive political questions of whether or not the benghazi raid will hurt hillary's chances, we were stunned by the report's findings on why our formidable military assets were absent on september 11, 2012. when four americans were murdered, including ambassador

chris stephens. including survivors from the attack that are still off limit to the media. of the report's 14 findings, number seven concludes what we already know, that there were no military forces in position to intervene, quote, in short order to defend our diplomatic mission of the cia antics. major general robertson of the joint chiefs of staff testified that there were no ships available, f-15 fighters were too far away, fighters in italy were not loaded with weapons and not on alert status, and no carriers were nearby to support them. the department of defense moved teams of special forces and marines toward libya said the report, but on that night the shores of tripoli were too far. any military assets in nearby

crete were not the right thing for the job. in a postscript, republicans on the committee said his attempts to excuse up action by claiming the forces were not deployed because they would not have gotten there in time doesn't pass the common sense test. no, it doesn't. although figures may vary, the u.s. spends more than a trillion dollars for defense each year. you may well ask why the world's mightiest military machine fell short. it is the only barrier that stands between islamist chaos and us. that is why our lack of military readiness is the most important lesson in benghazi. what you derive from this report is that our diplomatic intelligence and military capabilities all failed in benghazi. there were ample warnings of

such an attack, state department inconfidence resisted the pleas for security, and our defense remained impotent. astonishing. on that horrendous night no man or woman had the moral or military strengths to protect their fellow americans. to date, no one has been arrested or charged with the killings, although the fbi contributed a disturbing morsel to the report, namely that 16 people in benghazi who assisted their investigation have died. obviously, the backlash of our intervention in libya, the deposed colonel gadhafi, a few years ago is not over. lastly, how is it possible that the president and the secretary of state to this day refuse to account for their whereabouts or their actions during the long hours of the attack? they put on their sad faces so

the memorial services and left it at that. those who survived the raid have a story to tell, a nightmare of heroism and hopelessness. a tail of neglect and inxe tense by the nation they served. how do you catch a comet? coming up, we'll have a far-outlook. [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50+.

welcome back. it's wake-up time. come on, you're up already. the european space agency's satellite is currently hibernating, but the alarm clock goes off tomorrow. it starts the mission to rendezvous with a comet this year more than 500 million miles away. you know, you have to plan these things. it's going to become the first spacecraft to orbit the nuke nucleus of a comet and learn about the evolution of our solar system. i feel like a sixth grade astronomy teacher.

>> or on "the jetsons" or something. >> i'm jamey colby. thank you for joining us. >> and i'm eric shawn on fox. >> take care. i believe there's a reason he ended up in the hands, the loviing arms of an fsb agent. >> they question whether the man responsible for the largest security leak in u.s. history may have had help from russia. we'll have details and reaction from president obama's plan for the nsa reform. before the end of the month, gop leaders are expected to release their blueprints on immigration reform. it could potentially give those here illegally a chance to work and live in the u.s., but there's plenty of pushback with a message focused on how average americans could be negatively