>> and he locks like it. great to have you. >> thank you. love to be back. and happy holidays. >> great to have you here. >> and stay towned for fox outnumbered on the web. "happening now". >> we await the release of the report of cia interrogations of terrorist suspects after 9/11. >> some insists that the 6000 page report needs to be released and others warn its release would put many lives in danger, on "happening now". >> the intelligence report that a powerful democrat plans to release. and what does it say about the cia activity and will its report endanger people's lives. >> and dramatic 911 calls and center stage in a montana home

room. did a homeowner kill in self defense or is it murder. and an unconventional idea raising eyebrows in a medical community. it is all "happening now". >> we begin with the top story. possible release of the senate committee report detailing cian interrogation of terrorist suspects. welcome to "happening now". i am jon scott. >> and i am shannon bream. some warn the report could fuel more violence overseas. and secretary of state kerry to consider the time line of the

report's release. >> kathryn has more in washington. joishgs thank you, jon. the expectation in washington and u.s. intelligence community is that the report will be released on tuesday with the head of the senator intelligence committee senator feinstein said the interrogation undermine society and constitutional values. anyone who reads this will never let it happen again. cian officials are emphasizing that the senate committee will not be allowed to rewrite history. and it led to osama bin laden in the colpound. agency officials went on the offensive. >> to say that we relentlessly lied to everyone about a program not doing good, that begs the

imagination. >> the report was finished by the summer and we understand that negotiations intensified and whether the senate's proposal would reveal identities of cian officers that are still covert. the report's release would be damaging to those in the shadows. >> it is risk adverse. they go in the field, they will be afraid of being second guessed. >> a former intelligence official said cia director john brennan said the issue of redakzs was not resolved. and using pseudonyms did not protect the officers and the covert status. it seems that that issue was resolved. but there is no report. and kathryn, thank you.

>> do you think that the intelligence committee should release a report on the cian interrogation tactics. go to america's asking to join the conversation. >> house republicans putting a touch on the spending bill. the $1 trillion package will lead to a big show down on capitol hill. that is house minority leader warns that it would erode the democratic support. mike emmanuel is live on capitol hill. good afternoon, mike. >> setting up to be a critical week on capitol hill. a key conservative voice on capitol hill tells shannon bream that law makers should with hold funding from president obama to keep him from implementing the

congressional action. >> i was hoping that the house would put real language in the bill to control that. some say it can't be done. it was done on guantanamo for years now. we have refused to fund and provide the president money to close guantanamo. and we expect the bill would fund all of the governments through september. and the department of homeland security only through february. others will be in a better position in yen with republican majorities in the house and senate and there will be a change in the way business is done on spending issues here on upon capitol hill. >> we can't shut down the government but certain appropriation's bills and that is the best way to it approach. it we can do that. and there are many ways to do that. under harry reid we never took up the appropriation's bill. >> if it is anything they can

support, they will. >> we are eager to see what the bill will be and look forward to finding common ground. it is it important that the republicans are not frivolous about shutting down government. >> the expectation is that the bill will be posted on line tonight. and the government runs out of money late night thursday night. >> they love to get to the edge of the cliff before they get it resolved, mike, thank you so much. >> and former obama care advisor, johnathon gruber takes the hot seat tomorrow. gruber has b for controversial remarks including calling americans stupid. jackie and john, welcome to both of you. jackie, to you first.

what is at stake in these hearings? >> you know, i think the hearings might be more feeder than substance. we have the commend of this congress coming soon and provided johnathon gruber doesn't say anything outrageous as the law makers question him, i think republicans would be yelling at him. but i don't know much will come out of this. i think the supreme court's decision on whether or not subsidies can go to states without exchanges, that will have a lasting impact on the law than anything the committee can do. >> john, he's on tape talking about that. you know, if the 37 states that don't have their own exchanges and rely on the federal government, the federal exchange, that if, if that is not approved by the supreme court, then the whole thing

blows up? >> i think that is the most damaging quote he has made. the courts are not supposed to decide the case but on the law. the political debate can affect how courts make decision. you have had democrats and liberals say it is a typo. and then the architect said this is how the law works. if you don't set up an exchange you don't get the subsidies and that shifts the political debate dramatically. i don't think that anybody believes that president obama or nancy pelosi or max bacchus. i think johnathon gruber was the architect and he was influential in crafting the general guyed line and helped to draft the specifics. that will impact the political debate surrounding this critical

courthouse. >> and jackie, you said the hearings are for show in your vow. perception is everything in politics and right now, you have democrats like nancy pelosi, and kathleen sebelius, former health and human services secretary running far away from gruber and the administrations don't want to seat representatives at him at the hearing. there is damage to the guy who put together much. foundation of obama care, isn't it? >> true. i don't know if they will do more damage than he has done himself on the tapes. he said in an interview, anything i would say is going to fuel the haters. i think he will be careful when it comes to the hearing and i am saying when it comes to oversight committee hearings, i

think a lot of people will reiterate the things they said in public. and you will so a lot of republicans angry about what he said and trying to tease out more proof that the the administration lied to the american people putting together obama care. cummings said he will use the hearing to talk about the good things that obama care is doing for people. i think it will be a partisan hearing and we'll have to see what gruber said. >> and the supreme court has yet to issue the ruling in the case about the 37 states that don't use, that don't use individual exchanges and whether or not those states, the people in the states are allowed to get federal subides at all. and what about democrats? they established obama care without republican votes, and so

now when this guy testifies on the hill about it, democrats have to live with and support what he says, don't they? >> gruber's testimony comes at a bad time for democrats, starting to acknowledge that it hurt them politically. chuck schummer said democrats blew it with the middle class bypassing. this and loyalist to the president attacked him. and so it comes at a difficult time. and republicans have been critized, for not having a plan. by the time 2016 rolls around, the democrats are going to have a more difficult time replacing obama care. and hillary clinton will need to come up with her own fix. i don't think that anyone thinks that democrats will pass it in

the future. >> it will be fascinating to watch and interesting to see johnathon gruber on the witness chair. thank you both. >> fires in downtown los angeles shutting down parts of two major freeways. the first broke out in an apartment complex under construction overnight. and that fire which is seen for miles away and that building is cop mroetly destroyed and two others are damaged and no injuries are reported. that cause of fire is under investigation and blocks away. another fire and housing ten different businesses. they got that one under control in less than two hours and one person in a neighboring apartment building was treated for smoke. and no word if the two may be connected. >> the u.s. and nato official he

ending our combat mission in afghanistan. it is more than 13 years since the 9/11 terrorist attacks that sparked the afghan invasion. >> another popular gaming system falls to hackers who are claiming responsibility for crippling sony play stations and the warning as we get closer to the holidays. dad,thank you mom for said this oftprotecting my future.you.

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>> iraq making progress in the battle to regain territory lost to isis this year. defense secretary chuck hageling said iraq forces making new momentum. there is a staging hub for operations in the middle east. it remains a serious threat to the entire region and local troops made significant strides.

a ceremonial end to the combat mission in afghanistan. the u.s. joining nato forces in lowering its flag today more than 13 years after the 9/11 terrorist attacks. the commander said the mission now to train and support afghanistan's own troops. >> they have to make changes in leadership. and hold people accountable and build on the systems that are hard for armies. sustakenable and logistical systems. >> we will talk to general jack keen and a fox news military analyst. it is more than 13 years, our nation's longest war, is the mission accomplished? >> far from it. the political situation has improved, karzi is gone and he was a figure that drove us nuts, and made more anti- american

speeches for a country where our people are bleeding and dying for his country, but the fact the new leader is gaining a lot of support in washington d.c. from our government and the president himself. that is a good situation. the bad situation, is the security situation, it is deteriorating. and the haka nni network will undermine the new government before it connects to the people and when americans left and pulled out look stock and worries. they said the war is over and they don't send fighters and

that it in 2009 and we pulled out troops in 20len. and here the security situation is no where near as stable as it was in iraq yet we intend to pull everything out in the year 2016. and the taliban, the security situation is going to worsen and yes, it will be a repoet of iraq. it was stabilized because of the surge, general petraeus and the surge. and the so- called sunni awakening and came on our side frankly and those numbers grew to 110000. but in afghanistan it, the president made a decision to pull out the surge before we put it in the east. and that is never able to root out the haka n i.

the afghan security forces will not do that by themselves. >> as i recall, the president said we'll surge 30000 troops but pull them out in the year 2016. it would rise in number ands then it would drop again, you are telling the enemy what you plan to do. >> the speech at west point where he made that announcement and shocked general petraeus who had made a recommendation of 40000. but the president gave them 25 percent less and the first they anyhow the forces were coming out is when it came out in the speech. we have never recovered and the white house decided there will be advisors left behind. and now there will be troops

there. >> up until 2016, the mission from this day forward is to train and assist as general campbell mentioned in the introduction here, they are out of the combat role they used to have in the past. and post 2016, the role we want is counter terrorism and tactical leaders and doing the training in this mission. >> what a story after 13 years of war. general jack keen, thank you. >> can the bulls march on wall street. weeks of solid gains brought the dow down. and the family of a cleveland boy, is speaking out. and they hired an attorney that is representing the family of michael brown. >> this scenario cannot happen again. we can't have children playing

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a toy. >> the officer was put on paid leave. and the by's family filed a wrongest death with the city and facing for both officers to face charges. >> we are keeping a close eye on wall street right now. the dow is trading close to 18000. 17, 870 right now. and the markets are fuelled. we'll keep you updated on the numbers. in the meantime lizard squad claims responsibility for the cyber attack on sony play stations. they were greeted with error messages when they tried to use on line services. the hacker ares say they are not finished yet. joining us is lauren. >> they are not finished yet.

sony is a huge company and over the weekend, the play station network was hit with a cyber attack. service was restored this morning. customers were greeted with this message. it is not you, it is the internet's fault. it is called lizard squad. they hacked in microsoft xbox live and warn of more. unlike santa we don't give out our presents out in one day. it will be entertaining. they could not community orrous network functions. sony has no information about the loss of data. it comes on the heels of the attack of sony pictures and personal information from executives to celebrities was exposed. there is no evidence they are related.

but the report said the hackers behind the attack may have been in thailand in a five story hotel. >> don't miss lauren on fox business. >> testimony resuming in the murder trial of a man accused of shootingab exchange student in his garage. the defense said the teen was a intruder and the homeowner foreed for his life. plus, the duke and duchess from cam bridge in new york, what they are doing today and what is on their schedule.

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might not seem so big after all. ♪ >> new guy lines ban racial profiling. expanded and contains exemptions for screenings at airports and destination borders. good afternoon, carl. >> hi, shannon. they had held die ins to protest against the unarmed killings. attorney general holder is announced plans to expand the ban on profiling. and it will include national

origin. and religion, gender orienitation and sexual orienitation. >> we can't afford to do law enforcement on the basis of stereotypes. it undermines the public trust ultimately and makes us not good at what we need to do. >> the new guide lines will not apply to the department of homeland security personnel that secure borders and air travel. the big data of race and ethnic known as mapping will continue. the guidelines do not apply to state and local law enforcement and they would have done little to curb tragedies in new york. all of this comes as a new poll said 53 percent said race relations have deteriorated

since the president took office. holder said the nation was cowardly and not talking about race. carl, thank you. >> a big blow to attorneys trying to recover money from victims of madoff. they are trying to limit the profits that madoff paid. it recovered ten and half billion so far. five of madoff's former employees will be sentenced. prosecutors are soaking 20 years in prison. 15 people were convicted in the fraud that can costed invest offers $15 billion. >> marcus karmais accused of homicide of the 15 year old exchange student he found in the

garage. he said he feared for his life and didn't know whether the intruder was armed. here is your attorneys, ladies, so much more to the story, apparently the homeowner according to the accounts of several people in his life and at work and at home said he was worried because of the rash of burglaries. he had a gun and standing by and setting up motion detectors, heathers what does that suggest about the shooting. >> given the state of the law at the time, the castle doctorin was very strong. if he believed that the man came in to do a forceable felony under the law he has the right to shoot to kill. i think they will come into play and he will probably get off.

>> there was a suggestion he left a garage door open and a purse sat there deliberately. people would argue he was trying to lure someone in and ready and wanting to shoot someone and put an end to the robberies, how would that factor in? >> one of the theories is, that he intentionally lured the guy in the garage. the guy installed cameras all over his house andç talking to how he wanted to put an end to people breaking in his home. and he leaves his garage door open with a purse that is going to lure a teen kid in. you don't do that when you are worried about being broken into. you simply don't. and because the law is so liberal, there are so many things that it smell bad are for

the prosecution. they say we have to try him. as liberal as our law is. >> there is also information from his girlfriend, meaning the homeowner and the guy who did the shooting, his girlfriend saying, she was trying to assist the guy saying called police and the homeowner made no attempt to help him at all. the guy said no, no, no. before he was shot. and how much will her testimony be a factor. >> it would have been huge had she stuck with her story. she said the person shot said no, no. don't truth. she said i didn't mean to say that. that is a litigator's nightmare when someone changes on the stand. to get around that. they will use the bag being in there and luring them in. when you have cameras all over

your property, that shoes to me a reasonable fear and not so much that you are setting someone up. and so it is a case that will have evidence on both sides. we talk about the castle doctorine and the wide latitude you have to protect your home. but the law in montana was expanded to make it more protective of a homeowner who alleges that they had fear. >> it is expansive and not so expansive that anybody who comes on your property you can shoot to kill. girl scouts selling cookies would have a lot to worry about that in that case. there was no indication that the homeowner was in fear of bodily harm. and the prosecutor is trying to make that connection. the common in law wife is lying when she said the victim said

don't shot. that is her common-law husband. but if a 17-year-old kid is in your garage with the door open and doesn't have a weapon, how in foreof bodily harmar are you? >> it doesn't have to be your garage. that is part of your home. they have used the castle doctorine in work places saying you are your castle. a girl scout seller better be careful because someone coming on your property could be shot and asked questions later. no thin mints in wisconsin. nmaybe, it depends. we'll see what the jorbelieves and how the law is interpreted. >> the duke and duchess of cam bridge in new york. prince william with president obama in the oval office.

and his wife princess kate spent her morning wrapping presents in harlem. they have a jam-packed couple of days ahead of them including a fundraiser and a basketball in brooklyn barclay center. >> that is pressure when someone is warming you wrap presents. >> and a closer look the at a new and controversial theory. and a small plane crashes in a maryland home, the investigation in to what caused that deadly crash. you're driving along,

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and good news and bad news about the flight. we'll tell you on who is on the naughty and nice list of airlines. and this year's flu shot is not as effective as usual. what about your kids. find out in the top of the hour. and a frightening air crash in the suburbs in washington d.c. three people died when it crashed in a home in gaithersburg, maryland. it was headed to the air park and a mile short of the runway. it was struggling to maintain altitude and it went down. fire spread there. and crews are working to find anyone who might have been in the homes and the national transportation safety board is investigating the crash. >> a california doctor and businessman making headlines over a billion dollar effort to fight cancer and includes dna

sequencers. some of the ideas are not that radical or original at all including the comment last night. >> a cancer is not what people think sounds growing. the cancer is the inability of the cells to die. kevin gamble is a cardiologist. and doctor, always good to see you. >> good to see you, shannon. >> can you explain the dunn din sequencing and how it understands the locks and mysteries of cancer? >> genetic testing is the future of medicine. i think we'll see a day one day where we walk around knowing our genetic sequence is. the importance of cancer, if we figure out what the genetic markers on tumors, we can target

therapy and we'll see better success rates. it is promising, but not something that will happen overnight as the doctor may have suggested last night. >> we have a sound bite from another doctor hedging that and say it may be, and we are not there just yet. this is what he had say. >> to say i can throw a tumor in a guzzmoand that will tell me the answer this a now minutes and everything will flow from that, i don't think we are there now. i don't think we'll be there next year. i think there is too much hard complex science that has to be done before it is state-of-the-art. but it is a very cool idea for the future. >> doctor, would you have estimated time line. is it 50 years perfect we get to what these theories are based on? >> we are already making progress in this area and

looking at 5 to 7 years of making more progress. we'll not so where we put it in the computer and pit spit out the answer to the perfect drug. they can target our therapy and guide our therapy and significantly emprove outcomes for patients. >> and first of all, this doctor is under criticism because critics say he is offering up investment possibilities for people. he is worth $13 billion. you can still be a great scientist and making progress, but he may be overblowing what he is doing because he has a financial interest in this. >> there is a concern of overselling things. but he has good ideas. and we need to make sure we undergo rigorous clinical trials and do the science and make sure

we prove the therapies to be safe and effective for patients and we have to go through the fda and there may be room for improvement in the fda process as well. nsomething else that the doctor talked about. it is more mutation than location. and the thought that if you have lung cancer that is a specific type of treatment. and it may not be the location of where your particular cancer crops up? >> exactly. what he is suggesting that if you have a particular mutation that causes a cancer in the gi track that responds like a lung cancer mutation. it may be reasonable to trial a lung cancer drug. it is a combination of efforts not only genetics but the standard chemo therapies and putting that together to provide

the personalized medicine. that's where we are headed. ndoctor, good to see you. >> thank you so much. >> good to see you, shannon. >> it was no accident. and what we are learning about a gas leak in a convention in chicago that sent 19 people to the hospital. and a win for the gop as bill cassidy sweeps to the win in louisiana. >> john, not only do republicans control the senate as of january, but first time in a century, they will control every u.s. senate seat in the deep south. we'll have that story coming your way right after this. (vo) watching. waiting. for that moment, where right place meets right time. and when i find it- i go for it. (announcer) at scottrade, we share your passion for trading. that's why we give you the edge, with innovative charting

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leak in chicago. police in illinois now saying that the incident which sent 19 people to the hospital was intentionally caused. live in our new york city newsroom with this story, hello. >> hi, shannon, it is a serious story but with come comical elements as well. yesterday an evacuation prompted hundreds of people to exit a chicago hotel. many dressed as animals. the midwest fur fest celebrates cartoon animals who have been given human characteristics in art. a gas was released into the air on the ninth floor. 19 hotel guest were taken to the hospital with dizziness and nausea. they were treated and released. the attendees were sent to a convention center across the street that was hosting, ironically, a dog show. the dog show attendees were amused by the influx of people dressed head to toe as dogs, foxes and rabbits. the von convention was reopened

in a few hours, but they are still searching for a culprit who left chlorine powder in a stairway in a broken container causing the gas to spread. it's not clear whether the crime was related to the fur fest. they can't imagine why they would be targeted. they only use fake fur and raise money for animal-related charities. people come from all over the world to attend and spend thousands of dollars on those costumes. the republican wave still riding high. bill cassidy sweeps to victory in a runoff race cementing the deep south. john roberts is live with more on that race. >> reporter: it was historic over the weekend. for the first time in 132 years a republican will occupy the

seat held by mary landrieu. bill cassidy made. the sweep complete over the weekend. republicans will hold 54 seats in the senate, that's a gain of 9 during the midterm elections. republicans will hold every governorship and state legislature from texas all the way to the carolinas. >> there's another party for the elite. that's the democratic party. >> the runoff here was a model of party unity after a divided party. they created nothing less than a landslide. now the task ahead is to get something done. >> repeal obamacare and get that thing taken care of and get it off the backs of the people and small businesses. stand up to the executive amnesty. get our foreign policy back on

track. the senate is key to that. >> reporter: now is the time for the republican party to grow itself and increase its diversity in preparation for 2016. >> john roberts in new orleans, thank you. a senate intel committee report on terror suspects due out as early as this week. one pentagon spokesman warning that the report could put lives in danger. fox news is looking at all the potential fallout. you total your brand new car.

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here's something you don't see every day, a porta potty blasting off into the sky. mission accomplished, a 450-pound porta potty not just a replica turned into a rocket launched into the air about 2,000 feet before it landed. a group of about 30 michigan club members have been working

on the project for two years. they are trying to raise awareness about rocketry as a hobby. >> powered by natural gas. >> good r for them. >> thanks for joining us. "in stereo" starts right now. we start with the fox news alert today. a battle brewing over a highly controversial report on the cia. senate democrats planning to go public with top secret information about the war on terror. hi, everyone, hope you had a fantastic weekend. we're here to bring you the real story. that report nearly 500 pages long. it details interrogation tactics used by the cia on suspects in the aftermath of the 9/11 terror attacks. top intelligence officia