acting like pirates. these monkeys steal from a kayaker. they jump on the boat for his pineapple and then more keep coming. >> monkeying around. >> see you tomorrow, everybody. bill. bill: a bloody terrorist attack in jerusalem and three americans are dead. martha: two palestinians storming a temple. they attacked worshipers there with meat cleavers and a gun. you hear the sound of shots ringing out as the first responders were arriving on the

scene. connor powers was there on the scene. >> reporter: tensions have been rising in jerusalem for the last several weeks as israelis and palestinians are clark over holy sites. three americans killed in that bloodshed, showing no signs of slowing up. the growing violence between israelis and palestinians. two men armed with axs, knife and pistols stormed the synagogue and started shooting and stabbing people as they started to pray. at least four people were killed and several others wounded in the attack.

>> they did the job very fast. >> reporter: israeli officials say the two palestinians were from east jerusalem. there are some theories on the outbreak of widespread violence not seen here in decades. palestinian officials suggested today's attack was in response to a suspicious palestinian bus driver death. police ruled it a suicide but his family is saying that's not true. martha: overall what is the israeli response to this, conor? >> reporter: benjamin netanyahu said they will harshly with these terrorists. but they think each of these

attacks is individually planned. israeli officials do blame the palestinian president mahmoud abbas. what they do is the really big question. >> israeli officials save they want to demolish the homes of people involved in terror attacks. but they sprnt gone forward with that yet. that's one of the ways they are talking about dealing with this. but that's isn't so much a deterrent as a punishment. officials are at a loss as to how to deal with these individual attacks. what we do know is they don't appear to be going away anytime soon. martha: a horrible story and three americans involved. bill there are there is fallout from the top obama care advisor,

jonathon gruber. president obama trying to distance himself from the video. there is video of the president giving gruber high praise. >> we have already drawn some of the brightest minds from academia and politics circles. a lot of them have stolen ideas' liberally. john gruber ... bill: white house records show gruber visited no less than a dozen times since the president took office. some say it's as highs 20. you have the president in 2006 mentioning him by name. john kerry did the same thing three years later as did harry reid in 2009. it seems gruber got around in washington, d.c. >> he was a favorite in politics

because he was the one who argued that giving away health insurance -- free health insurance would save money which is something democrats wanted to hear. so they liked we had to say that free stuff costs less which is counterintuitive. so he was a popular guy on the democratic circuit. bill: the white house used gruber to go after mitt romney in the campaign in 2012. >> we know how important gruber was as the shaman of free stuff. and he was a great political fool because he was a tool the president could use against mitt romney when you say how dare you attack me on obamacare i used

the massachusetts law to build it. bill: do you agree with that and will weep hear from gruber if he's called before congress? do you believe that? >> i doubt congress will call him. i think it's unlikely to call gruber. we have heard almost everything he can possible by say in all these video. the previous video is the one in which he said the intent of obamacare that he helped create was to punish states that didn't set up exchanges. what the supreme court to decide next year is whether the citizens of those states gets the free stuff under obamacare if the states didn't set up the exchange. he said explicitly that was the intent of the law. the administration is say nothing that was a drafting error.

gruber's centrality to the drafting of this law will show their quite right. bill: the reverand is back in the saddle. martha: republicans pouncing on this gruber news. rand paul saying there needs to be an investigation into this and insisting gruber give back his huge consulting fees. >> there was the public deception. and paid consultants. this jonathon gruber was paid and now he admitted he was deceptive and deceitful. i'm going ask for an investigation from the investigator general and i'm going ask that he return his pay. martha: will he get anywhere with this? here is a list of the money. he earned more than $6 million

on consulting fees on obamacare overall. the national institutes of health and the justice department with the lion's share. $1.6 million four states. and about a half million from hhs during the formation of obamacare and the state department as well. pretty good haul. bill: who is gruber? what was his role in crafting obamacare? he's a highly regarded professor at m.i.t. he taught there since 1992. he served as a technical consultant to the obama obama administration and worked with congress and the white house to help craft the law. he was named bun of the top 25 most innovative and practical thinkers of our time by "slate"

magazine. martha: definitely innovative. we have had no shortage of tweets on the jonathon gruber issue and we welcome more. keep it coming. alaska senator mark goin mark bh has finally concede. that gives the republicans 8 senate seat pickups. there is 53 republic chance in the senate with a chance of one more perhaps over the next couple weeks in louisiana. speaking of that ... bill: watch this today. after nine attempts to advance the keystone pipeline, the senate finally expected to vote in that legislation today. senate majority leader harry reid allowing that vote to try

to help louisiana senator mary landrieu. cassidy says the pipeline would help create jobs and make the u.s. less dependent oner on oil. martha: a small cargo plane crashed into a home this morning. two elderly people were inside this home and they were able to escape. look at at cross-section of that plane going into their home. a neighbor reportedly sprang into action to pull the people out of the house. but they have been unable to locate the pilot. there is an investigation into that. >> you look at the map and how many millions have been affected.

>> congress is back in action today and no shortage of issues to deal with. immigration and healthcare and keystone pipeline. senator learned i graham with what he expected the new republican-led senate to get done for you. plus there is this. >> if a person can be both a realist and idealist, that's peter. peter has earned the right to be both. martha: his parents were amazing in speak out so beautifully about their beloved son killed at the hands of isis in a brutal manner. the president says he's reviewing our policy on how we handle hostage situations. what does that mean? liz cheney is here on that. bill: john none gruber not saying so much now. what happened when our fox news contributor david web tracked

him down in massachusetts. report. >> reporter: professor, do you really think american voters are soupered? >> no comments. reporter: what about obamacare, is that just a hoax on the american people?

martha: a woman in virginia was arrested in a worldwide terror investigation,ed the fbi charge -- the fbi charge heather

kaufman for providing ml aid to isis. pk[çuu:7ua"%d-: (qñanxnwcx8;zo=j planned to send somebody overseas to joint terror army. >> during the surge, they have been rejuvenated. they can only exist where they find safe haven. most people don't want these thugs around. most mothers want their children to grow up in a peaceful world. most people want there to be fairness. but these guys aren't fair, and they are briewrtal. where there is safe haven they thrive. step 2 of the bush doctrine. if you harbor terrorists you are as guilty as the terrorists.

bill: president obama reviewing america's policy on dealing with hostages overseas but that review coming too late for peter kassig. liz cheney is joining us. they can only exist where they find safe haven. for now isis has found safe haven. safe haven is just about the most valuable thing you can provide to a terrorist organization. give them territory and give them the ability to have the security they need to train, recruit. it's not a static situation. the fact that isis has safe haven and is able to conduct these horrific beheadings and attacks pack iraq and syria is a huge recruiting tool for them.

it top attract for fight officers and adherents to their cause. bill: i think the families of these murdered americans have been so brave. and i think peter's family showed that yesterday. here is a man from indiana, the middle of america. here is his mother reflecting on her son's life just yesterday afternoon. >> reporter: peter's life is evident that he has been right all along. one person makes a difference. our hearts are battered, but they will mend. the world is broken but it will be healed in the end. and good will prevail as the one god many names-prevail. bill: three americans beheaded in three months. who is fighting for us.

i can remember when and u.s. marine was killed in berlin and we bombed the country because of it. that was ronald reagan in 1986. who is standing up for us? >> our hearts go out to the families. the kassig family, the courage and pure grace. that's something no parent can even begin to imagine. but it tells you the horror we face. the way to prevent what's happening to these americans is to kill the is very terrorists. the way to prevent what's happening is to defeat isis. we have a situation where if we are going to prevail we'll have to do more than the airstrikes we are currently doing. we'll have to get the sunni tribes into the fights. the way we did that with the

sunni tribal leaders, we are here and we'll stand with you and they joined the fight. what's happening now is you have isis going into towns and they have lists of the people that fought with us. they go in and target those people and target their families. they burn down their houses. they are going after the people who stood with us and we are nowhere to be found. it's impossible for us to imagine that we are going to be able to prevail if we continue this policy the president has adopted which is you can't even be called an air campaign because the strikes are so limited. we have to act as though victory is the only alternative and we have 0 get into this fight in a way that prevents isis from continuing to terrorize iraqis, syrians and americans. bill: there is another american being held, a woman age 26. we are awaiting news on her.

there is a quote that some no one is really in charge and when they went looking for answer from administration, they couldn't get through. martha: a state of emergency has been declared in emergency. the governor activating the national guard. all of this ahead of the ground jury's decision whether to charge a white police officer in the shooting of michael brown. the fbi says violence is likely no matter what the decision. we hope that's not the case. we'll go to missouri with more. bill: say it ain't so. northern new york, buffalo getting 2-3 feet of snow before it's all over. >> i'm going to go home and stay off the road. >> this is crazy.

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bill: this massive snowstorm hitting western new york. lake-effect snow dumping several inches of snow in the buffalo area. they got 2-3 feet yesterday and it's starting to pile up. driver's facing tough conditions. snow even closing a stretch of the new york state threwway for 100 miles. >> the roads are slippery. >> i came from the city and it wasn't so bad downtown but as i got farther and farther out here it got a lot worse. bill: ohio, indiana, illinois. minnesota was clobbered. the storms will continue into

tomorrow. you have got that to look forward to. martha: the city of ferguson, missouri is on edge in the police shooting case that could come at any time. this decision we understand and we'll keep you posted on any news we have in regard to that. the four governor jay nixon declared that area a state of emergency. the fbi is warning that protesters could attack police and federal agents either way after this decision is handed down. so everybody is trying to be ready and everyone hoping they are prepared for nothing. but we'll see. good morning, garrett. >> reporter: in addition to police and federal agents. it's also government buildings like this one where the grand jury continue to the meet that could be under treat by

protesters. here in st. louis, police believe that most of the demonstrations will be peaceful. but the concern is that some individuals will use the protests to exploit the spotlight for their own nefarious purposes. the police told bill o'reilly they have been closely watching some of these groups for the last couple months. >> we spent a lot of time gathering information. we want 95% of the people who come to st. louis to have their voices heard. but when they break the law and violate people's rights we have a plan to go get hem. report report jay nixon is calling up the national guard. they are freeing up local police

departments to handle any demonstrations that may get fought of hand after the grand jury's announcement. this afternoon governor nixon will swear in the ferguson commission. they will be coming up with specific recommendations on how to improve the solution area. martha: garrett, thank you very much. bill: charles manson apparently is getting married. details on the blushing bride. martha: plus all after sudden a very talkative jonathan gruber with not much to say. we are going to show you the

showdown between webb and gruber.

bill: three americans are dead after an attack inside a jerusalem synagogue. two palestinians armed with meat cleavers and a gun stormed that house of worship. the prime minister benjamin netanyahu promised israel will respond harshly. we'll bring you information as we get it. a british citizen killed inside that synagogue. >> transparency is a huge political advantage. that was critical to get this thing to pass. the 20% tax on insurance companies that sell these

cadillac plans. martha: so clever. just so clever. the major architect of obamacare seen repeatedly referring to the american voters as stupid. but when our cameras caught up with jonathon grouper he didn't have much to say at all. >> reporter: do you think the american people would have bought into obamacare without all the deception for the cbo scoring? >> i have no comment. >> reporter: if you are telling the truth, why are you apologizing for being honest about what was done to get obamacare past? >> i have no comment.

>> reporter: professor, do you think the american voters are stupid? >> no comment. martha: poor david web, jonathon gruber does not like hanging out with you at all. david wedavid webb joins us thig and lupita jackson. >> the mainstream media hadn't been trying to find him. he was right there. his lecture hall identified, his office was there. jonathon gruber didn't hide in from anyone when he had the mic, when he didn't have control. but the minute he's asked the question which is based on his own comment, he won't talk to the media. when i first said his name, i said jonathon, he looked like he

was willing to talk, and all after sudden when i identified myself he became mr. no comment. when asked are the voters really stupid, he has no comment on that. there is something we should take away from this. who do we believe? do we believe jonathon gruber when he says he met with obama in the white house when obama says in brisbane, australia, he's just an adviser who never worked on our staff. martha: here is the comment from brisbane. >> i just heard about this. i get well briefed before i come out here. the fact that some adviser who never worked upon our staff expressed an opinion that i completely disagree with in terms of the voters is no reflection on the actual process that was run. martha: given all the press this

has received and the fact that he was in the white house 20 times and talks specifically about an oval office meeting with the president. can you believe that's what the president had to say about this at that point? >> first of all let me say, david, let me be on your side. i don't want you comietion down, how frightening. is the law perfect? no. should it be fixed in absolutely. i'm one of the americans who could not be insured 10 years ago because of preexisting health conditions that cop have ended my life. so the gallup poll this week said 70%. americans to have been able to buy insurance through these health exchanges are satisfied with them. i don't want to end the law, i want top amended th -- i want td the law. i want us to focus upon a lot of

the personality. what is not entertaining is the lives that are at risk. martha: david, do you believe the president was not aware of jonathon gruber? >> jonathon gruber has been denied by republicans and democrats. this started in 1989. >> come on. who excuse me, david, let me finish my thought. the heritage foundation came up with aca or some rare yaiftion it in 1989. if i may finish this. >> you are trying to deflect. martha: hold on. let her finish her sentence. >> i feel both parties have been in on this. hillary clinton tried to push it up the hill, romney kind of got it across the line and president obama was able to get it a little bit further down the

road. all i want is some answers but i want all americans to have access to great healthcare. martha: everybody agrees all americans should have access to great healthcare. but the question is whether it should be done through competition and across the border purchasing of healthcare plans. question is is whether the people were deceived in this country when they were presented this plan, is it not? >> she does a great job of deflecting and not answering your question. when have a white house visitor's log and not everybody gets to have a meeting in the oval office. she deflects from the issue to bring others into it. that's a great tack can for tv but the american people are dealing with reality and there are many things that need to be fixed in health insurance and healthcare delivery systems. obamacare was foiftd on the

american people with a number of lies. jonathon gruber and obama and nancy pelosi supported this. martha: in a front line interview, gruber talks about sitting down in the oval office. sitting there talking to the president about this. why doesn't the president spay yes, i had meetings with him and i think he's a smart man. do i agree with him? once again we hear from the president, i just heard about this. i just read this in the newspaper. people are simply not buying that any more. >> i think everybody needs to come to the table. that's why i mentioned at the top i heard governor romney demy jonathon gruber. martha: governor romney is not the president of the united states. and he did not couple with a healthcare plan for the united states. that's tbhoot we are talking about. >> no, martha, what i'm saying is romney care gave birth to

aca. >> romney care is also wrong. >> it's essential to a central mandate. >> can we just agree to talk about the issue? we are here to talk about the president who said he stole yldo foal ideas from jonathon -- who stole ideas from jonathon gruber. martha: it's clear the president knows who he is. he should not have said he just heard about it. i find that implausible. >> i think everybody needs to come forward and tell the truth. martha: that's something everyone can agree upon. thank you very much, you guys. see you next time. bill: breaking news from the nfl. one of the best running-backs from the game suspended for the rest of the season.

the league saying adrian peterson violated the league's conduct poll city pending a case in texas with reckless assault of his son. an appeal is possible on the nfl's decision. there is also a new big fish in sports. really big. the florida marlins signs the largest contract not just in the history of baseball but all of u.s. protectional sports. he will make $325 million or 13 years. all that dough is guaranteed. that's guaranteed? martha: do you think he's worth it? bill: i don't think i can really say that. is anyone? martha: i don't know.

if they are willing to pay him that, good for him. bill: sometimes they build clauses that say if you get past five years -- the question is the guarantee. martha: adrian peterson is off for the rest of the season. if you please no contest to child abuse, i don't think there is any other course. bill: he's 25. martha: you will become good friends with him. so the stakes are high. as the final round of nuclear negotiations begins with iran. this is a very big story that we need to pay close attention to. looming deadline on this. south carolina senator lindsey graham on whether we are giving away way too much. bill: another woman comes forward with sexual assault allegations against bill cosby that she claims happened toker many years ago fan no one she

says believed her. >> there is a pattern of behavior and some culpability. this man did not act alone.

martha: investors look at some earnings reports that they will muffle over today. the dow hit another record close yesterday. investors saying keep that momentum going on ward and upward. we'll see. bill: we are gearing up for a big day in washington. lawmakers look at a rather full plate including a vote expected

today in the center of the keystone pipeline project. senator lindsey games with us on the hill. we have not spoken since the election. the american people want to know whether the republican senate is ready to do. first off on immigration what's going to happen? >> the house will have to not capitulate to the executive order, don't overreact. you don't want to impeach the president. but you can defund that part of the federal government that would implement the executive order and turned the rest of the government. then get to work on a comprehensive piece by piece deal coming out of the house. bill: when you hear republicans talk about this they don't want to get the blame for a showdown or shutdown or taking money

away. >> it would be dangerous if we shut the government down in response to an substitutive order. i think what would make sense to americans would be to defund that part that he would need to enforce his executive order. bill: you will have 53 or 54 republican senators come january. what mr. you do on that piece of legislation? >> let's use a budget reconciliation process if possible to appeal the entire law. let's take the law apart and try to change the definition of part-time work. back to 40 hours. we have the medical device tax. strategically go after components of the law and couple with our own view of what healthcare should look like.

bill: can it survive a veto? some. >> i think the medical instruments could survive a vote oh. bill: ketone? >> we'll move forward and we'll get 60 votes to proceed and it will pass but the president is likely to veto it and we probably won't be able to override his veto. people need to ask hillary clinton her position on this and obamacare and everything else. she needs to be held accountable since she is seeking the office of the president. bill: mary landrieu is pushing for this hard. you are saying there are 60 votes which is the critical number. >> i heard the chief proponents of the bill say they have 50.

even if we did get 60, i believe the president will veto the legislation. we need democrats on record throughout the country. particularly hillary clinton as to what she would do. bill: iran. what's the expectation with talks beginning today? >> the deadline is the 24th which is next week. my fear is we are going to give away the farm to iran. we'll give them an enrichment capability just like we did with north korea with the theory the u.n. will watch over it and make sure it can never be turned into a weapons program and you get the exact same outcome as you did in north korea, a small program monitored by the u.n. that resulted in lethal weapons in the hand of north korea. i fear the same is to come here. bill: an 80-year-old convicted

serial killer charles manson will soon be a married man. ♪ music

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martha: convicted serial killer charles manson is apparently arried. we are learning he may soon wed a 26-year-old woman who visits him regularly in prison. wilwill carr is live in the newsroom. >> reporter: she started visiting him in prison when she was just 19 years old. her name is afto afton elaine b.

but she now goes by the name star which manson gave her. he is 80 years old after being convicted of masterminding the brute pal murders of sharon 8 te and others. she says she was drawn to him for his views on the environment. >> it's a myth that's so deeply embed into the consciousness of society that people just he resume that it's true. >> reporter: the couple got their wedding certificate november 7. it lasts for 9 sought days. very unclear if they will go ahead and tie the knot. no matter what they decide to do, manson is not eligible for conjugal visits. martha: that's good.

is he up for parole? we see moment when it looks like he -- they consider they might let him out and they never do thankfully. >> his parole was denied in 2012. since he's 8 some years old he may never get out. he's got that swastika which you can see on hisford head. he told everybody on his forehead that he got that swastika because he had been xed out of society. the fiancee has put an x on her forehead as well. martha: thank you very much, will. bill: a crucial day for energy in america, awaiting a big vote on the keystone pipeline. if approved will it survive? >> more democrats trying to throw m.i.t. professor under the

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start building your confident retirement today. martha: busy morning on capitol hill. the senate convening ahead of today's critical vote on the keystone pipeline. today is the day, the big question is lit get 60 to pass. this morning only 59 senators said they would vote yes. we had lindsey graham on. republican leaders expected to come out to brief reporters. deny, deny, deny. president obama and top democrats doing their best to disavow themselves of jonathon gruber. but video lasts forever and grubergate is not going away

anytime soon. welcome, everybody. a brand-new hour of america's newsroom. i'm martha maccallum. bill: you have probably seen the video of grouper talking about the quote stupidity of the american voter. since that surfaced democrats are trying to distance themselves. bit of the wasn't too long ago that democrats were singing gruber's praise. >> we have drawn the pricest minds from academia and political circles. many i have stolen ideas from liberally. '. john gruber ... >> according to gruber who has been our guide on this, it's somewhere in the range of $an $8 billion cost. >> dr. gruber who has lots of experience in this area is

lending his experience and insight. >> downthon gruber analyzed our bill and concluded it will help americans pay less and get more. >> all the basic ingredients or success are here. dr. john gruber, professor of economics at m.i.t. agrees. martha: he was literally on everybody's list around pushing obamacare. we have another quote i want to read to you in just a moment. jonah good morning to you. i just cannot figure out. people know this tape, these tapes are everywhere. why wouldn't you be honest eye and say we don't like what he's saying. he was a big part of putting this together? >> i don't know. it's such a brazen, transparent lie.

it would be like james madison saying i have nothing to do with the american founding. all those things i wrote in the federalist papers, those weren't by me. to say jonathon gruber wasn't involved, wasn't spap guru. it's just a complete and total lie. and it is amazing how much these guys, the entire leadership of the democratic party is count on most of the mainstream media, the "new york times," cbs to simply shrug and enable them top continue lying like that. >> it will get a little more difficult. on msnbc this morning. steven radder in who worked in the obama administration said when i was in the white house he was certainly viewed as an important figure in putting dahm ware together. the problem is what he said in

the last two weeks and how the white house handled it. so you have another person involved in the administration saying he was the man at the center of this plan. >> the problem is no honest person who followed the obamacare debate who was involved in setting the policy read or watches any of these videos can truthfully deny the man's role in all of this. so we are at a point where it's one of these things like where someone is passive aggressive and they have some incredibly terrible habit and they force you to be the bad guy. it makes people -- you feel like you are taking crazy pills to listen to these people deny what is so unbelievably obvious. >> i guess the question becomes now what? >> well, that's a great

question. i think first of all, the republicans should hold hearings. they should invite jonathon gruber up, they should say good morning, profess jar gruber, start talking. because this guy -- he's sort of like one of the super villians in the incredibles. he constantly feels the need to go monologuing. monologuing in the comic book jargon is where the villian feels the need to explain his entire plan rather than just get on with it. he's constantly twist higgs mustache and saying we lied to the american people, we hid all of the things in the bill because we knew it couldn't pass without it. we tricked cbo. we gamed the system. what he doesn't admit is how he had so much economic and financial incentive to do all of that which is a scandal in its own right. martha: good point. will he give the money back and

testify before congress? he wasn't too chatty and monologuing with david webb. bill: got some more breaking news from the middle east. the state department confirming three americans are among the four victims of a terror attack in jerusalem. that is the police response outside the synagogue. three americans dead. one british citizen dead as well. prime minister benjamin netanyahu vowing a harsh response from israel to that violence. ambassador john bolton, ambassador to the u.n. and fox news contributor. this continues a drum beat of deadly violence.

what's happening there, mr. ambassador? >> we know hamas has applauded the attack and not taken credit for it. when prime minister netanyahu says there will be a harsh response, obviously the question is harsh against whom. if there arelings that this was direct -- if there are links this was direct or inspired by hamas we know what the response will be. this was a jewish neighborhood of jerusalem. not east jerusalem where the arabs live. an attack in an otherwise peaceful neighborhood i think intended to convey the terrorist message that no one is safe anywhere in the city. finally we don't know whether the fact that of the dead three are americans, one british apparently, whether that with us a motivation. was this an attack on foreigners as well or was it simply an attack on a synagogue that

tragically killed four foreign citizens? but i think the implication is very clear that the prospect of further negotiation between israel and the principle authorities is pretty close to zero. bill: meat cleavers and a gun. israel has done a good job of keeping terrorists out of israel proper. that's why you go for a meat cleaver because your sources in the past for killing are not longer available. >> the fact that they are willing to use knife and axs to literally have blood on their hands pnl. the beheadings of foreigners, including three americans. what we saw in britain with drummer rigby being pea tacked with a knife on the streets of london.

the terrorists are clearly intend to go show not only are they willing to sacrifice their own lives, they are going to commit their terrorist acts in the most blood thirsty way they can. this isn't workplace violence. whatever the provocation that the principles may point to, there is no excuse, period, close quote. no exclusion for killing innocent civilians. bill: the iranian nuclear talks continue today, too. martha: big, big issues going on today and stern words from president obama on president obama. listen. >> the notion that i can just suspend deportations through executive order, that's just not the case. martha: that's not the case. so what's happening now? the president contradicting himself on that? bill: the engineers say they

know what caused a construction drill to pierce a subway car. martha: a deep freeze across much of the nation. most of the country dealing with the record snow and ash particular freeze gripping the country before thanksgiving. up love snow, but it's too early for me.

bill: house democrats just re-electing nancy pelosi as the house minority leader. pelosi told the house democrats they are the strong jettest team on the field. talk about a need to review consensus. the caucus gave pelosi a standing ovation. so it's official as of a moment ago. 14 past. martha: president obama expected to ignore his own warnings on executive actions if he decides to b bypass congress. a move he kawtiond would be illegal. >> the problem is i'm the president of the united states,

i'm not the emperor of the united states. my job is to execute laws that are passed. the easy way out is to try to yell and pretend like i can do something by violating our laws if in fact i could solve all these problems without passing laws in congress, then i would do so. martha: how does that square in bob been is former campaign manager and cohost of "the five." rich lowry is a contributing editor. >> we don't know exactly what he's going to do. he's already done a version of this with the dreamers, and that caused a lot of uproar. i assumed the republicans who thought he had gone around the legal mandate would have taken him to court, they haven't done that. i think what he should do is a limited amnesty for a period of

time. but i don't know the answer to that. but he's not going to do a sweeping immigration law. martha: it look like he will allow the parent of those kids to stay in as well which could amount up to 5 million people. i have head both sides of the fence. >> i think this mire statements are correct. the reading of the constitution. the president can't unilaterally write laws. we are not talking about waving from deportation. we are talking about expending work permits to give legal i.d. and social security numbers. this isn't prosecutorial discretion. this is taking funds on the president's say so in first at and creating a new system of laws. martha: most people seem to agree it's a lot further than reagan went with his amnesty program. but that's the argument, that

it's the same thing. >> if you look at a lot of these things, there is prosecutorial discretion. but george h.w. bush said we are not going to send chinese students back here. it's a small discrete issue. obama already waived people from deportation in 2011. this is the next step. this is spend resources for a new dispensation that can't pass congress so he's deciding to do it on his own and that's unconstitutional. martha: one of the things i see from the president is by doing this now and the word is that it's going to happen before the end of the week, he's basically laying lie to the idea that he wants to get together, he wants to do to negotiating. there is a lot of common ground in immigration when you look at what both sides want. by not waiting for this new congress. he's saying i'm not going to go that route.

>> the democrats passed a bipartisan immigration bill last year and the republicans didn't do anything about it. the question is do you think he will get something done between now and the end of this session? i don't think it's possible. i agree with you. a lot of things are common ground that can get done in immigration reform. but what he's faced with is the same thing lay began was. and that allowed in about 2 million people here were allowed to stay here. in addition. i think what you are dealing with is exactly that. families caught in this dream decision and they need to be dealt with. martha: the parents of these children aren't going to be deported by the united states government? can't we all be realistic about that? >> the experience of the 1986 amnesty. you do the amnesty and that

becomes a mac net to the world that we don't enforce our immigration laws. we have more illegal immigrants by several times over than we did in 1986. so what you need is a system of enforcement that actually works. not just at the border but at the place of employment. you want to talk about consensus? do that first. when that's in place and it works then talk about an amnesty for people who have been here a long time and aren't going anywhere in exchange for changes in our legal immigration system. martha: a what a lot of people are tweeting, saying we already have laws on the books and the president must enforce them under the constitution. >> i agree with that. he also has a responsibility to these kids are here and their parents to keep them together. that's humanitarian thing to do. >> the constitution says the president has to faithfully execute the laws. just because he doesn't like to what kings or isn't doing

doesn't mean he can ignore the constitution. >> martha: thank you very much. we'll see you tonight, bob. bill: breaking news out of europe with regard to the u.s. military. it's just coming out from the u.s. military european command about a message for our men and women serving on that continent. also a happy marriage no one thought possible. insurance companies a big fan of the president and the federal government and we'll tell you why in a moment. man * a young football flair remembered as a shining inspiration after he is killed in a random act of violence. >> we lost a great man today. but if i feelize how much he impacted my life. >> he was what evevery man or by should be even.

martha: we have some breaking news coming out of u.s. military european command saying their ordering troops to keep a low profile and not wea where their motor uniforms when they're out in public. the directive came on november 10, a couple of days before we sel saw soldiers pushd around, navy's sailors coming after tax from people in military uniforms in canada. do not wear your uniform when you are out in public off base. mary increasingly tense times for the military. bill, and report on a relationship in the obama administration and some of the top health insurance companies. from the sister nation

fox business stuart varney. "the new york times" writes the formal cataract enacted in 2010. relationship has evolved into a powerful mutually beneficial partnership. federal officials are eager to collaborate with an industry they once demonized. stuart:1 point not too long ago the insurance company were the enemy. they were the enemies of real health care for america. oh, what a switch we have seen. the insurers are best friends with the obamacare industry and obamacare loves insurance. relationship that has fit ever so nicely because obamacare has delivered enormous profits to the insurance. bill: since march of 2010,

up 139, added health care 191%. that is a pretty good return. >> in the next 10 years, to cleatrain dollars worth of subsidized health care will be delivered to subsidize americans. that goes the insurance companies. consider the expansion of medicaid, subsidized medicine increased and expanded. that has become highly profitable for the insurance. medicaid highly profitable insurance. medicaid insurance highly profitable for the insurers and a spinning rapidly. humana employment way up on the vantage program and they get 65% of revenue from them. obamacare got in real trouble, the insurers cashed in on the

subsidy program and now they're going to be profitable. not bad. they were the face of greed, weren't they? bill: depending on this law. >> the insurers helped fix the website. that was the private sector expertise that helped fix the website delivering evidence to support obamacare in the case for public supreme court. bill: my how things have changed. if you don't know where to find it, log on to foxbusiness.co foxbusiness.com/channel finder. check out 11:00 a.m. eastern time. martha: lots going on on capitol hill. saying now they are prepared to pass a bill that would approve the construction of the last leg of the keystone pipeline. and there she is funded hold onto person his seat in louisiana. has to believe this will help her if she passed.

the president has promised he would veto it. lou dobbs joining us to explain all that coming up next. bill: also, millions of americans digging out after a powerful arctic blast overnight. he is here knocking on the door. he and old man winter. >> winter here 34 days before it is supposed to be. >> just roll with it. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.®

martha: fox news extreme weather alert. nearly half the country waking up to record freeze and snow as well. 30 some the days official start of winter. millions of people taking a little bit slower out there today. >> could not see the lights, that how bad it is. >> love it, i do.

jon: mxp to maria molina puts herself in the middle of it outside of buffalo which can be very cold and is this time of year. what are you seeing? >> we have to drive out here to meet up with the satellite truck while we were traveling over to buffalo. in buffalo we saw white out conditions, white out conditions on the way over here. gusting 40 miles per hour. thunder and lightning with the snowfall, and cars abandoned on roadways, we saw a tractor-trailer go off the highway. extremely dangerous conditions. the town we are in right now we have the sun out, it is a very localized event, we do expect laklake effect snow event towars

our west could actually shift toward our area and begin to produce heavy snow. these warnings are in effect for several days off of the great lakes. martha: is this unusual for this time of year? >> it is a little unusual such a powerful air mass moving south from canada, so lake effect snow is typically more common as we head into december or late november, so a little bit early. the water rights now is relatively warm, the cold air moves over the relatively warm waters of the great lakes producing such powerful lake effect snow. likely to be setting some records, reports of 40 inches of snow in the suburb near buffalo. >> thank you very much. we will see later. bill: snow in the kentucky. a live look at mary landrieu

fighting for her political life in louisiana working for the vote on the keystone pipeline. a runoff with republican no caps he. if it passes, even if it passes the president says he will not sign this. here is the house speaker. >> let's be clear about this, keystone pipeline veto would send the signal this president has no interest listening to the american people. vetoing an overwhelmingly popular bill would be a clear indication that he doesn't care about the american people's priorities. equivalent of: american people stupid. bill: how are you, pal? how is it going to go? >> john boehner has no sense of humor.

amazing already control of the senate does for his position. but he is right. the fact this president is threatening to veto and has throughout a time 16 democrats could join with republicans urging this in the vote late today, why in a world he would do this because working with congress, working with the oil companies, to be talking about bringing technological advances and sophisticated protection systems to the pipeline, using our advanced technology with the president, the democratic party, they are acting like neanderthals here, they are just stamping their feet. the president is having a hissy fit. instead of speaking intelligently and leading on this issue, think the idea of bringing all the technology to bear on this pipeline. we have 27 of these things.

this is simply straightening out one if you will in the state of montana. preposterous. bill: he said that would allow canada to send it through the land down to the gulf where it would be sold everywhere. >> 42,000 jobs by the estimate of his own state department would be created and sustained by this pipeline direct and indirect. the reality is this is progress and what if it hundred thousand barrels from the tar sands down to the gulf coast were there. it is still an important economic issue to our economy, important to canada, one of our principal trading partners. this is part of our national

security for energy independence. bill: if this is the first veto, that is a statement. >> president has put himself in a position to ban republican party. he has put his policies into devastating historical democrats. the one democratic senator talk more passing keystone pipeline now is running behind the commerce men bill cassidy in louisiana runoff held in about two weeks. this is a president who has pushed his party to the edge threatening unilateral action, taking unilateral action as he did on global climate change. this is a president who is reckless and writes now has to be in support of his own pipeline. bill: they need 60 votes to

avoid a filibuster be at they have 60 votes, that was his view. pretty good vote count. what d republicans do come january? >> they're going to do something we haven't seen. they're going to have to actually negotiate, talk with and come together and reason together with democrats in the united states senate. one of the great attributes the president democrat int in two hs is the country's best govern in my opinion, we can demonstrate when we govern from the center. and that is assured now. bill: you add 16 to that. that is veto-proof.

don't miss this man on the fox business network. if you are not sure where to find lou dobbs, go to fox business.com/channel finder. he is always there. martha: and exchange happening yesterday, happy birthday to house speaker john boehner who turned 65 and nancy pelosi joined in on twitter. she says in her is happy 65th birthday. welcome to medicare and social security. and then came back with this, responding to the minority leader and he said hope you'll work with us to save them from bankruptcy in future generations. fighting over medicare and social security. makes you feel young, doesn't it? bill: it certainly does.

martha: nowhere near 65. bill: we will get a decision anytime now on possible charges in the fatal police shooting of michael brown. one of the expert witnesses on the stand, find out what he told missouri. martha: and a crowd of people band together to lift a car and they save the life of a stranger. great story coming up. stick around, we will be right back.

bill: an amazing scene ripping the car off. in the back of the moped when the car speed into the intersection. slides off the hood of the car and rolls over her. the man driving tries to lift the car.

working together, they lift the car high enough to drag her to safety from underneath the vehicle. eventually and evidence arrives and takes her away, paramedics checked her out and amazingly she only had minor scratches after all of that. martha: a state of emergency has now been declared in ferguson, missouri. we wait for the decision that could come down any moment in the case. national guard is being deployed as a precaution in the ferguson area because they are very concerned about what might happen after that decision comes down and the decision we waiting for is if officer darren wilson will be indicted for killing unarmed teenager michael brown. he testified before the grand jury last week the brown family hired him to do an autopsy and n examination of the victims body. he is a forensic pathologist

with a well-known reputation and a fox news contributor and he joins me now. obviously you can't talk about your testimony, but they are about to let the decision be known today, could be any time over the course of this week. the question everybody ask about this case are really whether or not you can confirm there was a shot fired at very close range in the police car. >> yes, one bullet wound, the first wound went through the right-hand of mr. brown within a few inches which is entirely consistent of a gunshot wound that struck while his hand was in the car. cannot tell of the hand was coming in or going out but it was in the car at the time of the discharge of the bullet. martha: that would corroborate

wilson story he pushed him back or leaned into the police vehicle into the car and a struggle ensued over the gun in that car? >> it would be consistent with being pulled in or pushed in. it would be consistent with officeofficer wilson's descript. martha: so important and your expertise is so helpful in this case because it really comes down to whether or not officer wilson can legitimately claim he was threatened by michael brown. he claims they got out of the car, michael brown turns back toward him and came toward him and that is when he fired at him. are the shots he received consistent with that testimony, do you believe? >> the autopsy can only tell if the muzzle of the gun was hit from 2 feet or closer or more distance.

the first gunshot wound is in the hand, all the rest are distant. we can't tell if it is 2 feet or 20 feet or 200 feet from the autopsy. the grand jury is hearing from different witnesses. if mr. brown was 20 or 40 feet away, it is different of a threat than if he was four or 5 feet away, that can't be told by the autopsy evidence. it can be told by looking at video, where the police car was, that is beyond the autopsy. martha: your findings are consistent with the other findings, correct? >> yes. with the original findings from the medical examiner who was also a federal autopsy done. i don't know the results of that.

martha: he was not shot coming back. can you confirm that? >> one bullet wound in the back of the forearm which could be from behind be at it could be from the front if the arm were in front but the blood would go into the abdomen, which it didn't. so that all has to be considered. martha: that is really what it is going to come down to bid a combination of forensic evidence. shots fired at close range consistent with the story it was a struggle in the car. after that using the distance away is not all conclusive but the witnesses you talk about will put the pieces together, correct? for the jury. >> some videotape and other things being presented to the jury depending on the credibility of the witnesses as to the distance between the officer and michael brown at a time of the other gunshot

wounds. martha: it really is about what you're talking about, the scene and we will see whaton happens, the decision scheduled to come down anytime now. we will come back when we get more word from the grand jury. bill: good morning, jon. jon: good morning. a horrific attack leaves to go americans dead. we will have a live report and talk about desolating tensions in jerusalem. and with a vote on the keystone pipeline after all these months, a decision from the president obama on when he might announce executive orders on immigration, political battles, we will have them for you. "happening now." bill: a new approach to treating healthim at heart surgeon patie.

and a disturbing when a couple finds tombstones in their backyard. >> we couldn't do that, i wouldn't feel right doing something like that. who would want that? . well, did you know certain cartoon characters should never have an energy drink? action! blah-becht-blah- blublublub-blah!!! geico®. introducing the birds of america collection. fifty stunning, hand-painted plates, commemorating the state birds of our proud nation. blah-becht-blah- blublublub-blah!!! geico®. fifteen minutes could save you fifteen percent or more on car insurance.

bill: a new treatment on the horizon for patients after they have had a heart attack. dr. marc siegel, professor of medicine. the morning to you, dr. be at it came out of harvard, they followed 18,000 patients through six years, what did they do? >> we've always known cholesterol clogged arteries and lead to heart disease be and 80 million sufferers in the

united states, almost a million people per year die of heart attacks and stroke. we also know using staten drugs bring down bad cholesterol. we know that is great to prevent heart disease. the question is if you don't tolerate the staten drug or need to give you more, what can we do? is it the cholesterol itself that is the issue or something about the drug? the study once and for all shows it is the cholesterol number itself. experts have always told me the lower the better. i reached out to them, says the lower you get the number, the better. the way to get the number lower if you can't do it with a staten drug alone is to add his other drug. a 60% improvement of that, decrease in strokes, 10% decrease of heart attacks over

six years with the combination drug of a staten plus this other drug. the other drug works differently. decreases your ability to absorb cholesterol. this drug stops you from absorbing cluster all so it is a companion drug. bill: is this preventing a heart attack or after the heart attack? >> great point. primarily people who already have had heart disease. but i asked that point. he thinks it'll be useful for people at risk of heart attacks, not just those who have had it. before and after be at bill: it tasty back the the old-school thinking, right? it is a number that matters. >> a year ago we backed off of that. but it always told me the number matters. 's 80 low enough? they said go lower. 70, 60.

the lower we get it down, the lesser chance of heart attack. this was an extremely well done study over six years showing the lower the bad cholesterol, the better. my prediction they will change the criteria. it will be a game-changer. bill: thank you. martha. martha: three americans are among the dead in israel as israeli prime minister benjamin netanyahu vallas a harsh response to their killing. ur ine company will only give you 37-thousand to replace it. "depreciation" they claim. "how can my car depreciate before it's first oil change?" you ask. maybe the better question is, why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car.

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bill: you know what temperature it is in minneapolis right now? 11 degrees. do you know what the temperature is in chicago? 14 degrees. martha: oh, baby, it is cold outside. going to have to watch the floats going down.

thank you very much, guys, we will see you back here tomorrow. "happening now" starts right about now. ♪ jon: we begin with some bad news. three americans among those killed in an attack on a synagogue in jerusalem. the city already on edge. good morning to you. shannon: israel prime minister condemning what he calls the cruel murder and threatening to respond harshly. jon: two posting and presidents storming synagogue this morning. they were armed with meat cleavers and guns. live in jerusalem with the latest on this.