you for watching. i'm paul gigot hope to see you next week. we have a fox news alerts, more on american hostage killed held by al qaeda in yemen. he died during a rescue attempt by u.s. special forces. he's 33-year-old luke somers, a photo journalist abducted by the terror group in september of last year. hello, everyone, this is "america's news headquarters. >> president obama said he authorized the mission in yemen's southern province because somers life was in quote, imminent danger. peter doocy is live with that story. >> we're learning a lot more about the mission to save luke somers, which was approved by president obama and defense

secretary chuck hagel following new threats by al qaeda kidnappers to kill the american journalist today if their demands were not met. the 30 minute raid began at about 5:00 p.m. eastern last night when osprey aircraft carrying 40 american special forces touched down in yemen, 10 kilometers away from the spot that somers and a south african teacher named pierre corky were being held. the american team walked towards the hostages but spotted from 100 meters away. officials believe that is when the hostages were shot. the american team continued moving in. they loaded the wounded american and wounded south african into the osprey where surgeons worked on them as they rushed toward the nearby ussmacon island. corky died in flight and somers died on the ship. the family got news about his murder at midnight last night. top elected officials are

praising the brave operators involved in last night's rescue attempt as well as a previous attempt where they were unable to save somers because he had been moved. >> special forces engaged in these two rescue missions, did an incredible job. and inflicted serious damage on the cap tors, but -- this time this time they were unable to save luke. >> the speaker of the house added on twitter this morning, quote, saddened by the murder of luke somers in yemen. grateful for our brave soldiers who tried to save him. prayers for all involved. we're told that none of the u.s. special forces on this raid were injured. the yemeni government was aware of the operation but didn't participate at all. the entire mission was monitored in real time here in d.c.

>> peter doocy, thank you. >> more on the life of luke somers, he was a photo journalist, 33 years old, born in britain but spent a lot of his life in the u.s. he did maintain dual american citizenship. he studied at ball oit and graduated with a degree in creative writing. he moved from london in 2011 where he worked as a freelance photographer. he was abducted there in september of 2013 but in the video said he was certain his life was in danger and tragically he died today during the second rescue attempt by special operations forces. outgoing defense secretary chuck hagel arriving in afghanistan today. the secretary met with president ghani and held a press conference in which he announced

major changes regarding the future of u.s. troops in the country. john huddy is live with that story. hi, john. >> reporter: this was a surprise visit by outgoing secretary of defense hagel to afghanistan as you mentioned. and his announcement was a bit of a surprise i guess you could say for some folks as well. that's because the us military planned to pull a thousand troops out of afghanistan starting in the beginning of 2015. but that's been put on hold. secretary hagel today said that 10,000800 troops will remain in the country. he made the announcement as mentioned during a press conference with afghan president ashraf ghani in kabul. he there's been delays to send a couple thousand troops to join nato forces on the ground helping train and assist afghan

security forces. so he says the contingent of u.s. troops could remain in afghanistan for the first few months next year but added that u.s. commanders have been given flexibility with the dates. that said, hagel also talked about the surge of taliban attacks in kabul over the last two weeks saying, quote, we will take appropriate measures against taliban members who directly threaten u.s. and coalition forces in afghanistan. now, u.s. military officials despite not pulling out these 1,000 troops say the plan remains to scale back to 5500 troops in afghanistan in 2016 and to pull all remaining forces out of afghanistan in 2017. back to you. >> john huddy, thank you. >> pakistan's military claims to have killed a top al qaeda

operative. he served as heads of the externlg operations, the same role head by khalid sheikh mow ham he had. he was indicted for allegedly being involved in a plot to bomb the new york city subway system. the state department offered up to $5 million reward for his capture. they say he was a significant terrorist organizer. >> california is now experiencing its worst drought in 1200 years. a new study blames the dire conditions on unusually low amounts of rain and record high temperatures. will carr is live in the los angeles bureau with more. hi, will. california got much needed rain but has a long way to go before thinking of breaking out of historic drought. even with the rainfall totals, more than 99% of the state remains in some form of drought. look at the red on that map.

more than half of the state is in exceptional drought. that's the maroon swath in the middle of california there. that's as bad as it gets. a new study in a journal by the american geo physical union used growth and tree rings to determine this is the worst drought they have seen in 1200 years. it's no surprise experts say this is an uphill battle, largely because the state is trying to make up for three years of little to no constent rainfall. they believe it will take a couple of years of average or above average rain to fell the reservoirs which right now are only at 30% across the state. california also needs rain to build the state's snow pack and fill ground water basins. the drought has had a major impact on the state's agricultural industry. the central valley produces over half of the nation's fruits and vegetables and nuts and farmers have been doing everything they can to survive but say a fourth year of drought will be devastating. a study earlier this year by uc davis predicted california will

lose $2.2 billion alone. along with 17,000 jobs. that's just here in california. across the country, consumers have been feeling the impacts because food prices have continued to go up. >> will carr, live in l.a., thank you. >> patty ann, there's been a horrifying stabbing attack on an amtrak train. this occurring in michigan. nearly 200 passengers were on board traveling from chicago to port huron when a passenger identified as 45-year-old michael williams began stabbing a conductor and three other passengers. police say the to the scene quickly thanks to the calls from the passengers. >> passengers and other conductors on the train notice this individual, thought his behavior was starting to get odd. police officers arrived on scene and observed commotion on the train, rushed onto the train. went against the crowd of

people, found the suspect and apprehended him and took him into custody. >> all four of those victims are now in stable condition. police have charged williams with four counts of attempted murder and investigators are still looking into the possible motive for that train attack. patty ann? >> one government agency on the front lines of border security is taking a stand in favor of racial profiling. despite attorney generic hold holder's vow to end the practice once and for all. >> eric garner, michael brown. >> protests across the country using social media to organize and voice concerns about the eric garner grand jury position as some potential candidates for president are staying on the sidelines of the debate. will that strategy help them come 2016? mhere's our new trainer! ensure active heart health. heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean.

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time for a quick check on the headlines. the department of homeland security is confirming racial profiling will continue to be allowed at airports and along the border after attorney general eric holder announced that the controversial practice would be ending once and for all. "rolling stone" is backtracking on an article about a gang rape at the university of virginia. the magazine saying it now has doubts about the accuser's story. the magazine ornl nally reported a student was brutally raped at a fraternity and complaints were ignored. the fbi is now investigating threatening e-mails sent to so sony employees. the film studio was hit by a cyber attack last week. initial speculation points to north korea in retaliation for an upcoming movie about a fictional assassination attempt on kim jong-un. the protesters across the country are continuing to make

their voices heard in the wake of the controversial eric garner grand jury decision in staten island new york. they've been using social media to organize the events to make sure their concerns are heard but potential 2016 white house contenders are staying on the sidelines, talking about social justice in general. how does this play for the 2016 race? the former campaign white house aide to george w. bush and ellen ratner for talk radio news service. how do you play this -- can this cut both ways depending on who you are running for president? >> chris christie is who he is. i don't think there's in surprise he's going to be the long justice guy. no one wanted this individual to die. chris christie is not going so second guess a grand jury. he's tough on crime and tough guy and stand up to the bad guys in other countries, domestic, foreign enemies and hillary clinton will take a softer

approach. almost like she was saying it takes a village to deal with something like this. it's a big contrast. >> what about hillary's reaction, she has criminal justice system is out of balance and while she praises decent honorable brave police officers, this has to be an investigation. >> i come from cleveland, ohio, the report just came out on friday, i believe about cleveland ohio and how there was so much overreach in the police department. this can be a racial issue and also perhaps a police training issue and it is a mine field for any presidential candidate either hillary clinton, chris christie, rand paul, whoever decides to run. it's going to be a mine field because you don't exactly know where to go with it. is it racial? it is training? some combination. >> even garner's daughter doesn't believe it's racial. it speaks to the issues of police and what happens. let's look at chris christie, he was in canada and interviewed and said, quote, i'm not going

to second guess that work as someone who ran a prosecutor office seven years before governor. you never know all of the things that a grand jury knows unless you're in the grand jury and working with them. look, he was the top federal prosecutor in new jersey for years before he took that office. and obviously we don't know exactly what went on in that grand jury. so if you are too critical of it or you anti-police or give leeway to the officer, are you too pro-police? i. >> i think crihristie handled ts perfectly. let's let the process play out. eric holder is going to check into it. this is a justice issue, not a racial issue. there's no evidence of that. i think it's very irresponsible, may are de blasio did this. where is the evidence is that it is a racial issue? >> in some places it may be

racial and other places not. in new york, some guy starts tooting at me and i give him a nasty look -- >> he liked you. >> whatever. >> he puts on his police lights and i was like shocked and that happened to somebody else i knew yesterday. there's a lot going on and again, some places it may be racial and other places it may be police overreach and training issue. >> you mentioned cleveland, obviously -- my hometown. >> the tragic place of the young boy with a toy gun horribly mistaken for a real weapon, do you think that has changed the dynamic of police citizen relations? >> for all of us, one, there is police citizen relations, when i grew up there was a policeman named bill, the crossing guard and you had real policeman doing crossing guards and we got to know him and it was a community policing issue. in cleveland, ohio, this guy that was hired got himself in big trouble in another department. they didn't even look at at the time. >> speaking of that, we have a minute left.

do you think this will be part of the debate coming into the next presidential election in dealing with the attorney jern? >> i can hear it right now. >> we'll agree on that one. >> i think that helps chris christie because president obama, has been criticized for being weak and the federal level and international level and every year. he has the opportunity to be the guy coming in and was cleared of bridge-gate, able to handle that. >> still have that investigation so -- >> they won't let it go, will they. >> until that last chapter is written. >> as the person who covers that case. >> thank you. >> eric, new poles show whom americans want to see set the nation's course. if not the president, we'll tell you who. we'll talk about that coming up.

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a new poll shows a majority of americans now want republicans in congress rather than president obama to have more influence over the direction the country takes in the coming year. this is a dramatic shift from early 2012 when more people wanted the president to steer the nation. frank lunts is a specialist and he joins us. >> i have trouble pronouncing it. >> it's not that hard. who do you want more influence over the direction of the nation? 53% said the republicans in congress. only 36% wanted the president to have more influence. as we said, 2012, same poll. 46% wanted obama to take the lead two years ago. why?

>> this tells you the hostility that the public has towards the president, his agenda, the direction, the leadership. i'm not sure if it's an endorsement of the gop. i can't tell you. clearly the election results were significant, it's clear that the president doesn't understand that the american people regardless of gender, age, income, socioeconomic, it's all about across the board. the disappointment that the public has against obama is significant. you have to get things done, you have to accomplish cuts in spending, welfare reform. tax reform. the pressure is on the republicans in congress. but if they can't deliver then those numbers that you have up there those numbers will stay permanent. >> yeah. interesting. second poll we asked -- or the poll asked are your feelings about the results of the 2014 midterm election positive or negative? 53% said positive and of course the republicans picked up enough seats to gain that majority in the senate. only 40% of those polled were unhappy about the results of the

midterm. kind of goes along with what you were just saying. >> expectations were high. we just finished 2014, i feel sorry for the viewers that they have to focus on 2016 in the coming weeks and months but this is what this is all about. the president has the final two years of his administration. it's pretty clear that the republicans in the house and the senate will give him legislation he opposes. for example, keystone. if he continues to oppose it, it's setting up a very powerful contrast for the 2016 election. and the group that i would point out are white working men and women. people with low to middle incomes. those are the people that normally vote democrat, and in the last election cycle that vote collapsed. and if republicans continue to do well among working class americans that spells a lot of trouble for the democratic party. >> we have to see what happens. all right. this third poll probably the most interesting. when it comes to considering legislation, would you rather that the newly elected candidates make compromises or

stick to their campaign promises? 63% say make compromises. that's more than twice as many as say stick to what you promised during the campaign and it's also a big change from four years ago. a 2010 poll had roughly equal numbers supporting compromise versus sticking to promises. >> they see that nothing is happening in washington, they continue to spend and debt continues to go up, taxes continue to go up. they feel that washington has lost touch. what they're asking from democrats and republicans, from congress and the president not to compromise your principles, but to cooperate with each other. to actually pass legislation that makes it easier on the day to day lives of the americans. the public doesn't see that the economy is getting better. they feel incredibly frustrated. half of all americans are living paycheck to paycheck to get by. if they have to sacrifice and learn to do -- sorry, learn to

do more with less, than they expect washington to do the same. >> it's interesting because we have heard the complaint in the past, that the candidates say one thing, when elected they say something else. they're all liars and hypocrites. we would rather they didn't stick to their campaign promises but gave a little bit for the sake of avoiding grid lock. >> but they believe in tax relief. stop spending as much as you're spend. okay maybe you don't get a 2% cut. maybe it's only 1%. stand up for your principles. stand up for the american people. but just get it done. >> all right. frank luntz, thank you for joining us. eric? >> patti ann, he claims to have represented our country in battle. but now this man is facing federal charges. we'll have the details.

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fees for those quarters. yeah. so, i'm confident i'm in good hands. for all the confidence you need. td ameritrade. you got this. hello. i'm eric shawn. welcome to america's news headquarters. >> i'm patti ann browne. topping the news this houring, new details about the murder of luke somers during a brave u.s. special force raid. >> and slander and reputation at the university of virginia, well, it turns out the article may not have been true at all. why "rolling stone" is no longer sticking to its story. plus, the political future of louisiana senator mary landrieu hangs in the balance today. the final face-off between the democrat and her republican challenger, bill cassidy. we are live in baton rouge.

>> well, first this hour, it is election day in louisiana. analysts say it could spell an historic end to the democratic grip on the deep south. it's the final face-off between mary landrieu and bill cassidy. the vote was so close back in november it forced a special runoff election today. john roberts joins us now live from baton rouge, louisiana, with the latest. hi, john. >> caller: eric shawn, good afternoon. if mary landrieu hopes to survive, she needs a big turnout of black voters today. this is actually five precincts near baton rouge, brisk business, a steady stream of people. the parking lot has been full. that may bode well for landrieu because she won this particular parish, 52-39 back on november 4th in the so-called jungle primary. she has been campaigning all

day. she is knocking on doors right now. big event in new orleans last night. a real hometown for her. she doing this without the support of the democratic senator committee which pulled out after that jungle primary. landrieu said she still has plenty of support. >> the democratic senatorial committee stepped aside, but my colleagues stepped up and the national party stepped up. president obama stepped up. president clinton stepped up. hillary clinton stepped up. and most importantly, the democratic party in louisiana stepped up. i do not feel abandoned. i do not feel hurt. i feel encouraged. >> in the closing days of this campaign, landrieu tried to turn her sagging fortunes around by ginning up a controversy over bill cassidy's part-time work teaching at the lsu medical school claiming he got paid for work he did not do. cassidy told us that landrieu's charges were hog wash.

that he did nothing wrong. >> that's a desperate tactic by someone who's kind of sad. she is so much -- she wants to retain that position of influence i guess to support the president that she's willing to say anything. and actually it's kind of sad. >> landrieu is predicting victory today. however, she seems to be swimming upstream against a republican tide. the republican tide that we saw be so successful back on november 4. in fact, it will be historic if she loses her side seethe today. as of january, every single seat from texas to the carolinas will belong the republicans. >> all right, john. we'll be analyzing that a little bit more. polls close in about six hours. thank you. 33-year-old luke somers murdered during a rescue attempt by u.s. special forces. somers was abducted last year and he was being held by al

qaeda in yemen. president obama says he authorized this mission because somers' life was in quote imminent danger. chuck hagel echoing the president's remarks and saying that the military does everything it can to bring them home. >> this is further evidence of america's continued commitment to always find its american hostages no matter where they are. and make every effort to get those hostages returned. to the united states. >> earlier, al qaeda had threatened to kill him if their demands were not met within three days. none of the u.s. commandos was injured. meanwhile, patti ann, in syria, activists are reporting that the islamic state terrorist, well, they have stormed an air base in the eastern part of that country. they say the attacks again are a homicide car bombing and at the main entrance of that base. strategically important, because the air base is one of the last government facilities in the

eastern province. dozens have been killed as isis continues its deadly assault. "rolling stone" magazine now backing off its own article on an alleged gang rape at the university of virginia. the article was based entirely on the story of one woman's claims. the woman identified only as jackie. the magazine which originally stood by the story has issued this statement. in the face of new information, there now appear to be discrepancies in jackie's account and we have come to the conclusion that our trust in her was misplaced. howard kurtz is the host of media buzz here on fox news channel. hi, howard. >> hi. well, "rolling stone" hasn't quite retracted the gang rape story that rocked the university of virginia campus, but they said it's sorry for the sensational tale. i said, how did this get

published in the first place and why did so many national news outlets run with allegations when the "rolling stone" never contacted the seven men accused of sexually assaulting that woman named jackie. >> a major american university had a lot to answer for. the claims of a particularly shocking sexual assault have been made public. >> an extraordinary move on one of america's most prestigious campuses, the university of virginia, shutting down all from a fraternities as it investigates sexually assault claims. >> they issued the statement that you just read about discrepancies in jackie's account and that trust was

misplaced. that's a colossal understatement. this really raises serious questions of journalistic judgment not just by the reporter but the editor. >> for more of the analysis of this story and everything else going on in the media, you can catch media buzz at 11:00 a.m. tomorrow right here on fox news channel. so what's it like where you are? mother nature turn into a grin j this week? janie dean in a rainy new york city. >> we're not dealing with really cold air. that's up in canada, so around average for much of the country. however, today, we have a system that's moving off the east coast and the west coast still getting some much-needed moisture. how, too much of a good thing is happening in california where we're dealing with the potential for flooding. and mudslides. as we go through the next 12 to 24 hours a bit of a break for the west coast. but then we have several systems behind it as we go into next week. yes, they need the moisture, but

too much of a good thing going to lead to flooding issues. so the east coast we have the system that continues to move eastward around portions of new england, upstate new york. that's where we're seeing some snow. this will be out of here throughout the evening and overnight tonight and we'll have a nice day on sunday. however, we are watching for the potential of a new coastal storm as we head into tuesday. yes, we could have another nor'easter. it's going to be i think too warm for snow, but certainly could see a lot of moisture with this and winds on tuesday morning as we head in for the rush hour. now, in terms of temperatures as i mentioned not too bad for much of the country heading into the workweek. temperatures will remain around or even above average in some cases and that should cut down on the snowfall totals if indeed get that nor'easter. so eric, we'll continue to monitor it. back to you. >> all right, janice. when you say however, i get scared. >> you listen? okay.

that's good. don't be scared. we'll keep you updated. >> thanks so much. patti ann? >> well, to hillary clinton's potential presidential run now. she has not annnced it yet. will she? well, some party insiders say if the front-runner takes too long to decide, she could seriously hurt the democrat's shot at the white house in 2016. but if the former secretary of state does not run, the race would be wide open with vice president joe biden as the front-runner. james rosen has details from washington. hi, james. >> you can easily lose touch with, you know, what's real, what's authentic. who you were before you raised your hand and were sworn in to office. >> reporter: hillary clinton has been thinking hard about the presidency even as she waits until next year as to whether she'll seek the job as most observers expect she will. that expectation along with the absence of any well-positioned challengers has created around the former secretary of state an aura of inevitability as the democratic nominee.

the steamroller effect is helping clinton lock down contributors and campaign staff. but inevitably generates some unwelcome side effects such as creating in a party that's grown increasingly liberal a candidate less hawkish and less chummy with wall street. >> it's a blessing an a curse and voters are looking for change. what president obama called a new car feel. they want something different. >> she does haven't a compelling rationale for her candidacy. she doesn't have a compelling rationale to be president of the united states beyond the fact that she'd be first woman or well, she got screwed last time so it's her turn. >> reporter: mrs. clinton's campaign appearances this fall and her rocky book rollout in the spring -- >> we came out of the white house not only in debt, but dead broke. >> reporter: it's a problem long in evidence, but made worse by her last job and by the prospect she might cruise to her party's

nomination without robust competition. this week brought still another comment that exposed her to criticism. >> this is what we call smart power. leaving no one on the sidelines showing respect even for one's enemies. trying to understand and inso far as psychologically possible empathize with their perspective and point of view. >> i have seen little improvement in the candidate skills. if anything having been secretary of state where you're treated as a potentate, she might have gotten worse. it's tough to go back to rope lines after you have been with kings and queens. >> reporter: liberals prefer abh, anyone but hillary, elizabeth warren from massachusetts. she said she has no plans to run. jim webb who served as reagan's navy secretary has formed an exploratory committee. in washington, james rosen, fox news.

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time for a quick check of the headlines. police in michigan charging 44-year-old michael williams with four counts of attempted murder today. he accused of stabbing four people last night on an amtrak train. investigators are looking into his motive. protesters in new york city taking to the streets for third day. voicing their on sings to -- opposition to the grand jury's decision not to indict the white police officer in the death of an unarmed black man. demonstrators blocked traffic in lower manhattan. a cleaning crew on the hollywood walk of fame is repairing bill cosby's star. after vandals scrolled the word rapist on the marker. the comedian has been accused of sexual assault by more than a dozen women.

well, the economy is finally looking like it's getting back on track. the new november jobs number is putting the employment in line for the best year since 1999. but you know the labor participation rate remains high with millions who want a full-time job not able to get one. and many people working more than one job. so what does this mean for the new congress, with the gop soon in charge and what other issues will washington tackle. we have a reporter from the national post who joins us now. good to see you. >> thank you. >> number one, are they finally going to get to the budget deficit? >> are they going to fin -- you know the spending bill for the remainder of next year? >> no, no, the trillions and trillions that we're still spending and now we don't have, we can turn our pockets inside out. >> well, you know, the deficit is at the lowest we have since in a long time.

in the last several years we have been governing by crisis because the ideas on how to tackle the deficit has been so wide. democrats think we should raise more and raise revenue to stimulate the economy and that leads to lowering the deficit and the republicans think we need to cut spending with the deficit lower now and that fight seeming not as dire, i think what they're doing to maybe look at now is investments. how do we invest in our economy? through tax reform, do that through infrastructure investments, education? maybe some other policies they can find some common ground on. >> what do you think they'll do? >> so i think one thing we are -- we hear this from business, from labor, is infrastructure. you heard the president starting to talk about it more this week as well. we saw a cardboard cutout of ronald reagan on the house floor to emphasize this was an important issue for him as well. infrastructure used on the an issue that republicans and democrats could agree on. they could agree that the federal government had a role in financing our highways and our bridges and our rails and they

haven't been able to do that the last six or seven years because the revenue stream isn't there. >> one democratic congressman from the washington, d.c. area has a proposal. taking what $1 trillion or so of the overseas money that corporation are able to skip out on and try to bring that back to put it into infrastructure. do you think that's one type of a proposal that will fly? >> so if you talk to transportation advocates and experts they will say that there's a number of different revenue streams out there to debate, but the one that's the most viable in the short term is an increase in the gas tax. the gas tax hasn't been increase since 1993. it's political suicide really to talk about increasing taxes which is why no one has wanted to touch it including the white house. but people -- the way that we fund our transportation system now and what they say is let's raise it incrementably, ronald reagan did it. raise it, let's get our highways and roads funded. then we can talk about the bigger ideas like the ones you

mentioned. >> the gas prices are so low, sneaking them up on us with some taxes potentially. what else is there? you have immigration. the executive order. that's huge and the republicans have a lot of the spending bills to try and stop that. >> yeah. so we'll see the debate on the cromnibus which is an omnibus and it will keep the government funded through the end of next year. you won't see these every couple months fights over how to fund the government for how long, is the government going to shut down? of course there are some pushing back and saying that they shouldn't fund at least the homeland security department, because of the immigration executive order. so we are seeing that fight next week. but speaker boehner, mitch mcconnell have said the government is not going the shut down and they'll pass the funding bill. >> how come washington, d.c. is

not on the planet earth? it's amazing sometimes and the governing by crises, do you think we will ever get over this, that there can be some compromises or others would say there shouldn't be? >> well, i think that the republicans being in charge of both the senate and the house they're not going to want to do any harm before 2016. they have a lot of senators up for re-election in '16 who are going to have tough re-elects in states like pennsylvania and new hampshire. wisconsin, ohio. they obviously also want to win the white house. so they don't want to govern by crisis either anymore. sure, there are some in the party that say stand your ground, let's put up a strong fight, but the american people want to see congress get work done. if they can pass the spending bill, they take that off the table for next year and they can look at tax reform and infrastructure and education. >> and a new congress could be a fresh start. thank you for joining us. >> thank you. >> patti ann? >> well, the cyber attack on sony's film studio going to a whole new level.

now, company employees have been hacked and their families threatened. we'll have disturbing details on that. a three-year drought in california may be much worse than anyone realized. any relief in sight? >> i have been hearing a lot about the water shortage and the fire hazard and stuff so i'm glad we're getting some water finally. >> even if you are getting soaked? >> even if i'm getting soaked. ♪ come in and use your starbucks gift card any day through january 5th for a chance to win starbucks for life.

it's the bottom of the hour. time for the top of the news. thousands gathering at the washington convention center today to remember iconic d.c. mayor marion barry who died at the age of 78. he served as mayor for 16 years. despite personal troubles, he remains popular among many washington residents. some even calling him mayor for life. it capped three days of memorial events honoring him. a new study reveals how bad

the three-year drought in california really is. scientists are putting it into historic terms saying it could be the worst drought in 1,200 years. and typhoon hogapit is barrelling into the philippines. i has maximize sustained winds around 125 miles an hour. some places could get more than two feet of rain. more than 650,000 people have abandoned their homes for safer ground. eric? patti ann, to the disturbing cyber attacks against sony pictures entertainment. this time targeting employees. workers have received e-mails threatening their families. and the e-mails say they denounce the company. they were sent by someone from the guardians of peace. that's the same group of hackers that apparently broke into the computers last week and spilled a ton of inside information. molly henneberg has the update in washington.

>> reporter: the fbi says it's aware and is investigating the threatening e-mails sent to some employees at sony pictures. a line in the e-mail said it was sent by the guardians of peace. the same group that claimed responsibility for attacking sony's computer system last week. and that attack some sony employees had their personal information, including social security numbers posted online. according to variety, the e-mails sent to the employees says, quote, what we have done so far is only a small part of our further plan. please sign your name to object the faults of the company at the e-mail address below if you don't want to suffer damage. if you don't, not only you, but your family will be in danger. some computer experts suspect north korea may be trying to attack sony because of an upcoming sony movie. a comedy that depicts an assassination attempt on north korean leader kim jong-un, but

that's only one possibility. >> there's patterns of this attack that look like things that north korea may have done in the past. the other thing is to look at our activist groups and they have had issues with them before. casting threats toward the senior executives so we have to look at those groups as well. >> also it could be a disgruntled employee inside or outside of the company who is launching these attacks. molly henneberg. a pennsylvania man busted could be charged with the stolen valor act. here is what prompted congressman fitzpatrick to write to the attorney's general office to ask if it's a crime. >> i gave it to a little kid again. >> why is your flag so low on

your shoulder, it should be up here. >> got me on that one, bud. >> why don't you admit you're a phony. you know that's illegal, right? >> let me tell you something. if i was a phony i wouldn't be wearing this. >> really? you are a phony. this is illegal. you know what? i have worn that [ bleep ] uniform and i had friends got killed in afghanistan, stolen valor, right here, stolen valor! >> thank you for joining us. >> great to be here. >> let's review the law here. there was an earlier stolen valor act passed in 2005 that made it a crime just to say that you were in the military if you weren't. but that was overturned by the supreme court in 2012. because it violated the first amendment. not a crime just to lie under those circumstances. >> right. >> but then the new version was passed last year and it made it a crime to lie about your military service in order to

profit from it. that's fraud. so the argument is that the guy was trying to get discounts from the mall. >> exactly. you set the law exactly right. the first law was struck down because it's a violation of first amendment rights. you can wear whatever you want to wear. as distasteful as we think it is, that's not the crime, wearing the uniform, the medals and the things he has. that's not a crime itself, but going into the mall or an installation and trying to get military discounts based on that wearing, that could be fraud. that's up to a year in prison. federal prison for that. >> marcedes, do we know for a fact that he was saying to store owners i served, give me a discount or is the implication enough to say it's a crime? >> it's a great point. the implication, he's walking in in the uniform and he's decorated obviously because you can cesee some of the badges th he has. the way that the law is written, if you're decorated as a veteran, not that you have to say anything, but of course the store owner or the cashier is

going to give you the discount. >> right. >> and there's really no intent in the law either. just the fact that you're dressed that way, in and of itself -- >> the 2013 law enumerates the badges. that's right there in the law, if you're wearing those and try to get a tangible law -- and i would say going into the law, getting the discount as marcedes says that's a fraud. >> that's exactly why this was in a mall in the suburb of philadelphia and a pennsylvania congressman, mike fitzpatrick has asked the u.s. attorney to look into it. if he's found guilty of this, he could spend a year in prison or he could be fined. this real vet, ryan burke who we saw in the video says -- we heard him, hey, you know, i had friends who died wearing that uniform and he himself has a purple heart. he was wounded in afghanistan. but you know, a lot of people are saying really, are we taking

this too far? that's what some of the comments are asking. >> it's not too far. exactly right, what burke said, people die wearing that uniform so what are you doing going out there and just trying to get this discount? for what reason? it really is such a slap in the face of those who put their lives on freedom. >> the words stolen valor say it all. and this is not the only video. there's a website, guardian of valor, where a lot of vets who are really outraged about this are posting. >> they're going out there. the key here though is between the first amendment and the free freedom of expression. that's why the law was struck down and the fact trying to getting in for free. using that as a fraud. then you cross over. then you're not protected by first amendment. when you try to perpetuate a fraud by what you're wearing. >> so, you know, when it comes to this particular guy am some of the others people are saying, look, he strikes me as somebody who might be mentally ill, things like that. you know, imitation is the

sincerest form of flattery. people who admire the military and they wish they were heroes. like those people in the military, and they just want to grab some of that glory. not adequate. >> not adequate, not under the law. but that's a great defense. a defense attorney is going to come back forward and say, for you to come in and dress as you are, maybe there's got to be some mental defect, because there's very few defenses to it. >> why would you put on that uniform? hard to say. >> and just going into the mall. not just walking around, going into -- with your friend, going to a party or something. going into the mall where you expect or hope to get a discount by what you're wearing. >> ryan burke said he watched this guy like talking to a child for a good ten minutes where the child is asking him questions. this young child admiring him for his alleged service and looking up to him for that. having said that though, this alleged impersonator has a fiancee who says now that their personal information has been

posted. their contact information. they're being threatened, kids, family members and cyber bullied. ryan burke says, look, i didn't want that to happen. >> right. >> nobody wants that. >> how do you draw that line? if you want to expose them on the web, what do you do? >> shame on them for having done this. alleged im -- shame on him to have done this impersonation because he put everyone at risk. his family and children. if you're going to pose yourself and you're outed for that type of activity then there's no holds barred. then all that information could be out there. >> i don't want to condone, you know, cyber bullying or anything like that but really this goes to now is the prosecutor to look at it and say, did he walk in there and get a discount, did he get something? did he perpetuate a fraud? that's when you cross over the first amendment line that's the key issue if this goes to trial. >> people will be watching it because this is one of many. we are seeing more and more of

these cases. vets are walking around with video cameras and they're looking at the uniforms that people wear. they're -- >> exactly. they don't want their valor stolen. >> exactly. they're willing to expose it, willing to post it. people need to be aware that it is a federal crime. >> sure. >> and it's also just a dishonor to people who -- >> absolutely. >> -- who made the major sacrifices. >> exactly. >> see what happens in this case. thank you both so much. >> guardians of valor is that website. even they have a hall of fame on that website. chuck hagel has made a big announcement in afghanistan today. coming up, what the changes mean for our involvement there and what the afghan president thinks is the future of his nation. >> we face threats that you are aware of. we are facing changes. but one thing needs to be clearly understood.

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time for a quick check of the headlines. an american held hostage by al qaeda in yemen has been murdered during a brave rescue attempt by u.s. special forces. luke somers was injured once commandos got to his location. he later died on a navy ship. president obama says he ordered the raid because somers was believed to be in imminent danger. hundreds of protesters took to the streets in manhattan for a third straight night over the eric garner grand jury decision. blocking traffic and staging die-ins at macy's and apples flag ship fifth avenue show. police in michigan arrest a suspect accused of stabbing four people last night on the amtrak train including the conductor. all four victims are listed in

stable condition. chuck hagel making a surprise visit to afghanistan today and announcing a change in u.s. plans to reduce troop levels there. instead, the pentagon will keep a larger force level in afghanistan for the first part of next year. >> they could remain in afghanistan through the end of this year and for the first few months next year. but the president's authorization will not change. it will not change our troop's missions or the long-term time line for our withdrawal. >> so what does this change mean and will the taliban ever be defeated? we have the former cia analyst and senior fellow with the center for security policy. fred, good to see you. we just heard the defense secretary say they're adding just a thousand more troops to 10,800. do you think that will be enough? >> it won't be enough, eric, but

this is a significant development. on one hand, the obama administration is trying to say don't read too much into this. this is not in response to the terrorist attacks. they're trying to say that the additional troops are being added because we're having trouble getting commitments from some other coalition nations which in and of itself is a problem. but when i look at this, i'm wondering is this the beginning of significant rethinking of obama policy on afghanistan and the withdrawal timetable? possibly in response to what they may perceive were mistakes they made in syria and iraq. >> clearly what the -- with the advent of isis and the islamic state and that debacle, not having the status of forces agreement in iraq, do you think they learned those lessons here and don't want the same thing to happen in afghanistan? >> well, at a minimum, i don't buy the argument that the administration officials are saying this is not related to the significant upsurge in violence. especially over the last two weeks in kabul due to taliban

attacks. i'm not prepared to say it's necessarily related to the thinking of policy in iraq and syria. but the president made major changes in his approach to iraq. the president has sent troops to iraq. the president is bombing in iraq and syria. i think this shows that in the second term, he's willing to make some adjustments to previous policies based on the situation on the ground. >> well, right now they're playing to draw down to 5,500 troops in 2016 to zero in 2017. talk about adjustments. do you think that president obama and the new incoming ash carter, the secretary of defense, they'll make adjustments and change that? >> i hope so. senator mccain, senator ayotte and senator graham are very clear, this is a politically oriented timetable. the president wants to say when he leaves office, i pulled all u.s. troops out of afghanistan. it is not based on security realities on the ground. and the afghan government they certainly believe that. they don't want u.s. troops withdrawn as fast. they don't want them all out by the end of 2016.

hopefully this is the beginning of a process maybe under a new secretary of defense that we will be looking at at a different approach. >> can president obama from what you have known and seen from him from the inside as a commander in chief, do you think he has that capability of then reversing himself two years from now and maybe admitting or saying that we're not going to be out completely or our mission has ended and we'll keep potentially troops there after his term ends? >> well, the indications from the tape that you played of secretary hagel aren't promising that's going to change his approach. but he changed the approach in iraq and syria and i'm hopeful there's a chance in the next two years he will consider an approach that focuses on restoring security to afghanistan and making sure that all we gain is not lost by a hasty political withdrawal. >> you talk about that blood and treasure, 2,354 lives of our american troops lost.

i think of what michael murphy, the navy s.e.a.l., part of lone survivor. he comes from long island. wonder what his parents think and his memory and his legacy and the young men and women who followed in his footsteps, what do we say to them as we still and defeat the taliban? will that enemy of ours ever be defeated, can afghanistan do you think ever be stable? will we ever win this fight? >> i think we probably need a long-term presence in afghanistan to shore up the afghan security forces. i think trying to pull all forces out by the end of 2016 makes -- makes no military sense whatsoever. it is my hope that we can build up these forces to fight against the taliban. we know the taliban has been biding its time. they have been waiting to make a move until coalition forces were reduced. so this is a crucial time and if the president's plan on keeping a larger number of troops in

2015 and 2016 he's on the right trail for a policy that may succeed. >> and something like 4,600 afghan security forces have lost their lives this year alone in the fight against the taliban. so finally, fred, do you think they'll ever be able to make it, that the afghans can do it on their own? >> i'm very worried about that right now, eric. given the troop withdrawal plan that we have right now, i have to say i think the chances are against the afghan security forces pulling this off. i think they need a lot more help and it is my hope that the obama administration realizes that and they're going to revisit their policy. >> fred flights, former cia analyst, thank you for your analysis today. >> good to be here. >> absolutely. patti ann? >> well, someone needs to write a new christmas song after seeing this. we'll tell you why santa claus is rappelling down a 22-story building and who is that with him? and tomorrow, we mark 73 years since the day that lived in infamy. memorial ceremonies across the country marking the attacks on

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the ultimate arena for business. hour after hour of diving deep, touching base, and putting ducks in rows. the only problem with conference calls: eventually they have to end. unless you have the comcast business voiceedge mobile app. it lets you switch seamlessly from your desk phone to your mobile with no interruptions. i've never felt so alive. get the future of phone and the phones are free. comcast business. built for business. now for a look behind the headlines treer's author and journalist liz trotta. >> what was chuck hagel thinking? the secretary of defense fired

by the president last week should have seen it coming. having fought as an infancy sergeant during vietnam, he may have thought his military experience would count for something in the pentagon but discovered that doesn't mean much when you're up against four stars. having bucked the republican party to go to work for mr. obama, he may have thought the special political privileges of a convert would insulate him from flying too close to the sun. perhaps he thought he could weather the lethal inner circle of mr. obama's white house so pointedly criticized by two of his predecessors, robert gates and leon panetta. in the aftermath of mr. hagel's downfall, the name of the national security adviser, susan rice, flows like a poison river. this is a woman with a history

of sharp elbows in every job she's held, but ms. rice's long-time association with mr. obama exempts her from banishment. the boss likes her and that's enough in the obama inner circle. to the rescue rides ashton b. carter, a pentagon whiz kid and medieval scholar with the requisite ivy league degrees, a physicist by trade and a veteran of the defense bureaucracy. there is some hand wringing about how the new secretary will approach foreign policy. one so muddled that, in its efforts to stop isis terrorists, the u.s. now finds itself, along with iran, flying air strikes over syria and iraq for different reasons. meanwhile, by most accounts, iran continues to build its nuclear bomb, russian forces threaten ukraine, and the world sees the u.s. as a stumbling giant. mr. carter was named after at least three candidates said they

didn't want the job. still, the president is comfortable with fellow academics, especially those with a proven record of extreme caution when it comes to defense. the new secretary is a familiar face on the d.c. scene, so confirmation hearings in january are expected to go smoothly. senator john mccain, the new chairman of the armed services committee, foresees no problems. he said he's qualified and he's the last man standing, adding that it doesn't matter who the defense secretary is, because all decisions are made in the west wing. one depressing note -- the "wall street journal" is reporting that mr. carter, like his boss, is given to chewing gum. recall the scene last month at the beijing summit, when the president of the united states greeted his formal hosts with a jaw full of nicorette.

chuck hagel should have known that sometimes it's the little things that matter most. >> tomorrow marks 73 years as the sneak attack that drew the united states into world war ii. more than 2,000 servicemen and civilians were killed in the japanese raid on pearl harbor on december 7th, 1941. several thousand people tomorrow are expected to attend this year's annual pearl harbor day commemoration ceremony, the day of infamy that we remember, the inaugural ceremonies begin tomorrow morning at 7:45 local time there. we will be covering the somber and deeply meaningful event here on america's news headquarters tomorrow, a day of honor, respect and remembrance for those who gave the ultimate sacrifice, and for the many members of the greatest generation for which we are still so thankful. on a lighter note, no reindeer necessary here. this is santa and new york yankees general manager brian cashman rappelling down the

22-story landmark building in connecticut. the sky-high feat was a dry run for the two, who are taking part in the annual tree lighting in stamford this sunday, also good practice, of course, for santa, for when he delivers gifts to all the kids who live in apartment buildings. i always wondered how he did that. >> that means not just worry about this fireplace but the window? >> yes, exactly. make sure it's not locked, folks. we don't want santa dying out there. >> you want the presents, too. >> exactly. >> great to be with you. >> great to be with you too. that does it for us. >> a healthy you with carol alt is next here on the fox news channel. it's more than the driver. it's more than the car. for lotus f1 team, the competitive edge is the cloud. powered by microsoft dynamics, azure, and office 365, the team can gain real time insights and instantly share information around the globe. when every millisecond counts,

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> welcome to "a healthy you." i'm carol alt. the word surgery is cary and invasive surgeries can set your life back months. new technology suggests some tumors can be removed with just a zap and no surgery. lisa davis is here to tell us about the new insight tech technology, and we all know our body has ways of telling us about our health. did you ever think that your nails could be an indicator? dr. robert bard will tell us how denormities in your nails can give you a heads up on illness. any frequent traveler knows how