but die thank you, as always, for being part of "the real story". i'm gretchen carlson. here's shep. >> news resolution. stop reading e-mail. don't read it. >> i like them. makes me laugh. >> nothing can good come of reading e-mails. >> i hear you. >> all right. rock on. an uproar over the senate report on the cia's use of torture, described as shocking and explosive by those who have read it. but now the white house is asking their fellow democrats to delay it, arguing the details could put americans overseas in danger. a prostitute on trial for killing a google executive on his yacht. accused of shooting him with heroin -- shooting him up with heroin and then leaving him for dead. this happened in april. now the defense claims she wasn't the only hooker on the boat. and that the suspect is all kinds of -- the victim may have had a history of drug abuse.

and investigators now say the murder of an american teacher in abu dhabi was a, quote, personal terror attack. let's get to it. first from the deck, the united states embassies around the world are bracing for release of a potentially explosive report. the white house says the senate intelligence committee plans to release this report tomorrow. it details what the cia did to terror suspects in the years after the attacks of 9/11. experts, including some within the current white house, and the state department, say they are worried that its release could then american lives. it would be the first public document outlining the cia's use of torture on al qaeda detainees held in secret facilities in europe and asia. the report alleges that torture did not produce unique and life-saving intelligence at all. others disagree, saying that these methods led to the united

states find osama bin laden's hideout. many officials say the document includes new details about the use of sleep deprivation, confinement in small places, humiliation, and waterboarding, all torture, all illegal. president obama has already said on the record, quote, we tortured some folks, unquote. he has long been a critic of the controversial tactics and on his third day in office, he issued an executive order that banned cruelty. at the same time, the senate intelligence committee ordeí0zul an investigation into the cia program which led to this report. six years later the obama administration is joining republicans, warning the report's release could put american lives in danger. we're told the u.s. secretary of state john kerry called the head of the interchannel committee, senator dianne feinstein to talk about the timing of the release and the potential antiamerican backlash. the white house says that's a big concern. >> there are some indications

that the release of the report could lead to a greater risk that is posed to u.s. facilities and individuals all around the world. so, the administration has taken the prudent steps to ensure that the proper security precautions are in place at u.s. facilities around the globe. >> but he added that president obama does want the report released and senator feinstein says it's important that americans get to see what their government did of, by and for them. she told "the los angeles times" newspaper the cia's interrogation tactics go against, quote, societal and constitutional values we are proud of. anybody who reads this is going to never let this happen again. >> it's worth noting senator feinstein's mention of constitutional values. that from one of the biggest defenders of the nsa snooping that keeps tabs on our phone calls. she is also backed targeted

strikes to drone terror suspects overseas. how big is this? what did we actually do? what do they not want our enemies to see right now? catherine her herridge is in washington. >> the aclu who backed the release says one of the central finding is that the cia reportedly misled the executive branch about the program's effectiveness. >> this is a cia that is completely out of control. it's outside the system of checks and balances, of the constitution sets up. they tried to the white house, to the justice department to congress, about what they were doing. >> in advance of the report's release, cia officials say they're not defending the techniques but emphasizing the senate intelligence commitee is rewriting history that the program did not produce valuable intelligence. they say it produced intelligence that led to this compound in pakistan back in 2011. that where they found osama bin laden, and defenders of the program say that foundational

piece of intelligence or the initial tip, if you will, came from the enhanced interrogation program, what critics call the cia torture program. >> why is it taking so long to release the report. >> the report was released last summer but negotiations intensified over the redactions and whether the senate's proposal and using pseudonym0si u -- cia officers would blow their cover. >> when they goo into the field they're going to be afraid of being second-guessed. >> a former intelligence official told fox news that cia director john brennan did threaten to resign if this issue over the redactions and the use of pseudonyms for cia officers was not resolved. the agency argues that using solid dough him ins for the officers as the senate democrats propose did not go far enough to protect them because a pattern conclude found in the documents

leading possibly to the identification of these officers. the cia has provided no comment on our reporting that brendan did in fact threaten to resign over this issue. >> catherine herridge from washington. thank you. joining me now is neils wisniewski. he covers the senate for the newspaper "the roll call." does your reporting tell you anything about what is in here and what they're so concerned about specifically? >> well, i think that your reporter in the previous segment hit the nail on the head on the particular concern that sort of held this up for so many months, this issue with the pseudonyms and the possibility that officers or cia agents would be identified and their cover might be blown through sort of deductive reasoning that someone who was close enough to this information could figure it out. but i think that largely what we're really looking for in the days ahead after this report apparently is coming out tomorrow, is what exactly is going to be the response

throughout the world, really, and that's what they're concern about at the white house and that's what apparently prompted that call from secretary of state kerry to chairwoman feinstein last week. >> the bottom line of all of this is there are international laws about torture, treaties to which we're signatories. we prom milled in writing and otherwise never to torture, and we tortured. that's the bottom line here. is any of this political cover for those who signed off on these things or the bigger picture you already mentioned? >> i think it's largely the bigger picture. there's certainly some people who may be have political damage or fallout as a result of this but the other thing is, the relationship between the cia and the intelligence committee was itself damaged as part of this investigation by the committee because there were these allegations which were apparently corroborated that the

cia actually was sort of snooping on the committee and trying to see what it was doing along the way as it was conducting its investigation, and it's really important sort of to the whole apparatus that the intelligence committees and the intelligence agencies are able to trust each other. >> that erosion of trust is a problem to this day and going forward, is it not? >> absolutely. we'll see how everything looks going into the new congress when we're going to see richard burr, a republican from north carolina who will become the intelligence chairman on the senate side and we'll see if the relationship changes.c certainly senator feinstein will be around as the top democrat on the committee and it will be interesting to see just how much what happened as a result of this report and the investigation that led to this report, affects the interaction really between the capitol hill folks and the folks at the cia and elsewhere in the

administration. >> is it torture listed as a war crime? >> torture is considered a war crime, but as you note, some things we're signatory things to, some we're not, and what exactly constitutes torture and what exactly is defined as what we actually did in this report. i do not know because i am not one of the people who has read it, and i think we're all goes to find that out probably tomorrow. >> we'll wait for that. thank you very much. appreciate you coming. >> thank you. >> we're now learning heartbreaking new details bet the american teacher, brutally murdered in a shopping mall in abu dhabi. the teacher's family is speaking out. her ex-husband and their three children appeared on "the today show" on nbc this morning. the father says he still has not told his kids the details of what happened to their mom. we now know the 11-year-old, twin sons, waited for her outside the mall bathroom while their mother was on the noor bleeding to death. >> the boys didn't real devise what happened and did not hear their mother crying for help, this monster of a person was

lying in wait for someone like her to come along, for an hour in the bathroom, unfortunately. it was my kids' mother. >> according to reporting of the official united arab emirates news agency, the woman suspected of stabbing that teacher carried out a, quote, personal terrorist attack. that's a quote. the news agency reports that suspect was inspired by jihaddist web sites. she selected her victims randomly and, quote, targeted anyone who looked foreign. she apparently had no connection to any terrorist groups. last week police in the united arab emirates released surveillance videos showing the suspect, the crime scene and later the arrest at the suspect's home. new details out today about the botched raid that saved an american hoage and others from al qaeda in yemen. terrorists were also holding a man from south africa with the american journalist, luke

somers, the south african is on the left, somers on the right, according to the u.s. ambassador to south africa the government was in active negotiating this terroris to release the south african hostages. his release was imminent. unfortunately that ambassador says the united states was not in the know, wasn't aware there were negotiations going on-wasn't aware when president obama ordered the raid. and during that raid both the south african and the american hosages died during the rescue attempt. president obama ordered the raid because somers was in danger. johnhunt hunt became an american citizen and we thought we should assign him to follow the british royal couple on their trip to new york city. next, how william and kate will be spending the next few days. who is kate wearing, why did william leave his wife behind today, and why are they flying on commercial airlines. plus, where will they be sitting at the nets arena tonight. i'll be there.

hope to be nearby. maybe rub the belly or something.

>> new yorkers generally speaking know what to do when they spot a celebrity. keep your cool and pretend you don't okay. when the royals come to down -- [screaming] >> it's like we're in flyover land all of a sudden. the screaming crowd greeted prince william and the duchess,

kate, as they arrived for a three-day trip to the colonial. kate is great with second child, met with the president at the white house. tabloid reports claim to reveal whether the child is a boy or girl. a microphone picked up the prince telling the president they might keep it a surprise. >> working out whether it was boy or girl. [inaudible] >> you wonder if the president had the luxury of subtitles as well. the royal couple has scheduled a busy trip. in addition to several meetings they're planning to tour the national 9/11 memorial and they're taking in a brooklyn nets game tonight. don't think here here for my nets but they should be. they're here for lebron and the cavaliers-john honey hunt is covering this -- jonathan hunt is discovering this but has renounced his british citizen ship and may be the reason kate ignored you. >> when she got to harlem, i was

front and center in the media setup there. >> speaking fluent british. >> didn't even give me a second glance, clearly very upset i've become a u.s. citizen. the queen is not taking my calls, either. >> they'll have a busy evening tonight. >> they will. first of all we had kate up in harlem, at the north side center for child development. very diana-ish proven. she sat with them and wrapped christmas gifts and they gave her a bouquet of roses and she ignored me and went on her way to lunch with important people who are still british citizens and is now resting as bee fits a young lady who is pregnant. >> and tonight there's this matter of the nets. beyoncé is the first lady of --

and will by there courtside and they'll be there. it's the hostess' job too it up. >> it will be quite to meet, fake royalty and our royalty. your royalty, thank you for the correction. and william has had a busy day himself. on his way back now, we believe, to new york. he was with the president in the oval office earlier. then he went to the world bank, gave a speech on a cause dear to his heart, stopping illegal trafficking in wildlife and wildlife parts. then he'll be back here, and as you mentioned as well, tomorrow they'll be down at the 9/11 memorial, we'll be down there with them. then they're hosting a reception for what they term british talent in the creative industry. i hear they're booked a small room. >> the king and the prince. >> where are they sitting tonight? >> i do not know. it's all rumors whether they'll

actually meet -- you probably know better if beyoncé and jay z are showing up. >> they'll be there tonight. the royal court has announced they will be there. and it's my understanding -- i don't know. i hear they might be courtside but could be up in the bar. we'll know by the hat. >> the producer who does my work tells me they are indeed courtside. >> so then jay-z and beyoncé will be there. >> the picture of the day. >> and if they show them on the jumbotron with -- if it happens i'll get a picture. >> i think they'll run to you before they run to beyoncé and jay-z. >> the rows to the right and left. a long away. >> the guy with the hot dog and the miller lite. maybe a heineken but you're on point. to the horrible story of a prostitute in california who is on trial. they make this difficult to go from the royal

family and excitement to the prostitute on trial. prosecutors say the prostitute killed a google executive, drugged him, finish her own wine and then left while stepping over his body. she claims it was all an accident. oops. and she was not the only hooker who visited him on the yacht before he died. we'll break down the case. a couple of inorm -- inorm muss fires stopped track in long.

22 minutes past the hour. two huge fires tore through downtown los angeles this more than, scorching building and stopping traffic for miles. incredible pictures this afternoon. look at this view from across town.

the first fire tore through a large apartment complex that was under construction. firefighter says the flames shot 40 feet above the seven-story building, covered an entire city block. this one, lafire department, crews had to shut down two major highways after chunk of the construction site fell on to lanes of traffic. an absolute nightmare for commuters. you can see the heat from the flames melted freeway signs and shattered windows. melted the signs. look at this picture. a fire captain says it looks like a bomb exploded. a second fire broke out. this one a video we have up here, hours later at a building two miles to the west. officials say 100 firefighters were able to contain it in less then two hours in both fires, emergency workers say in all, one person was hurt and not very badly at all, according to authorities. investigators say there's no indication the fires were in any way connected. well, the prostitute now who is accused of shooting up a

google executive with heroin, then leaving his body there on his own yacht, says she was not the only prostitute to visit the man's boat. her lawyer claims other women may have done drugs with the victim before he died. now a judge has reportedly ordered prosecutors to turn over any evidence that backs up that claim. this all went down last november in northern california. we covered itself extensively here. investigators say surveillance video shows the woman injecting a man with the lethal dose of heroin. then after he passed out from the overdose, they say this woman gathered her stuff, stepped over his body to finish her glass of wine, then cleaned up a counter and lowered a blind before calmly leaving. investigators have not yet released the video but the woman's lawyer says it claims beyond any doubt the man's death was an accident andwtç8x shows l panic when it happened. she faces up to 15 years in prison but there's more here. police in georgia say they're looking into the death of the suspect's ex-boyfriend.

a couple of months before the incident in california, the ex-boyfriend died of a drug overdose. again, she was there. that time she said to have told investigators she found her ex-on the ground, he had been drinking and shooting up all day. let's bring in a lawyer, criminal defense attorney, and live with us this afternoon. a lot of people dying with all i wonder if these new claims will help at all. >> well, shep, this new claim that somebody else may have been involved, it really in my opinion doesn't do much for her. that's why the law has something called manslaughter. it doesn't have to be that she intended to kill him. but if she shows what is a conscious disregard for human life, that's manslaughter. her actions in cleaning up after herself and picking up her heroin and closing the bottom lines as she left, suggests this is a woman who had a callous disregard for this man's life. >> her attorney says there was panic, she was very upset, she ran out of the room and all

that. the investigators have told us this is a very calm thing. as heroin folks often are. the matter of finishing the wine with the body on the floor, that's not go ten with jurors. >> not help at all. the injure says what would a rome person do in her situation? if this prior death comes in and it's going to show what is called mod does operandi, this woman is exhibiting within two months two different men die of heroin overdose, and walks out of the room and doesn't call the police for help? >> but prior acts are usually not admissible, right and especially given she wasn't charged with anything there. this prior -- the ex-boyfriend who died, will jurors know about that? >> depths. prior eights generally are not admissible comment they can come in except for things like showing modus operandi. something she has made a habit of doing, injecting highway haren into men, and then when

they overdose she leaves and done do anything to help them-it might be able to come in. >> that will be interesting to see. if it does that could change things significantly. good to see you again. >> thank you. the syrian president, bashar al-assad has launched a chemical weapons attack against the islamic state elm that's not possible. right? he gave up his chemical weapons, remember? president obama drew a line in the sand, then undrew the line, and then the syrians said we're giving up our chemical weapons and are there are witnesses to this. so how would he have attacked the iraqi force -- the isis forces with chemical weapons he had given up? surely we trustoy+bashar al-assd here. we'll ask a retired army colonel what this could mean to the ute. we're learning airlines found a new way to charge us extra fees. gerri willis is their explain that. finally get in shape.

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>> more ledlines. the supreme court rejected an appeal from bp over its multibillion dollar settlement. bp argued some businesses can cash in without proving they suffered damages. the high court announced it will not hear the companies. >> mcdonald's announcing u.s. sales slipped almost five percent in number. the steepest drop in nearly 15 years. the company is promising fundamental changes, including more options to customize your burg. >> a flight attendant kicked off a plane because of macadamia nuts. a spokesman for korean airlines says a company executive and daughter of the chairman got angry because a night attendant gave her snacks in a bag instead of on a plate. korean air is very fancy.

they come on a plate, not a bag. got her fired.

human right activist are accusing syria now of using chlorine gas against she islamic state militants, more than a year after the assyrian president agreed to give up chemical weapons. the u.s. and allies blasted president assad for gassing his own people in this case the reported target is a mutual enemy. more on that in a moment. >> activist say the syrian forces launched the gas attack on saturday in an effort to stop isis from advancing on a key air base in eastern syria. the report indicates the?s6ci militants had trouble breathing and some suffocated. the russian president vladimir putin brokered the deal for president assad to turn over his chemical weapons. united nations officials removed the weapons they know about but are worried the syrian officials kept some hidden. joining us, a fellow at the national defense university.

he is not here to speak on behalf of the university or the pentagon, just for himself. hough big a deal would this be after the drawing of the red line, now the use of this thing? >> good to be with you again. i think it's just another of a continuing set of indicators that the assad regime is callous and indifferent to its open people. you rightly noted and observed they got involved at the russian behest in declaring what they had for chemical weapons. obviously it appears not all of them. and about 620 tons of them we believe were declared destroyed internally or passed for destruction on u.s.a. warship in position to do that i. if you recall last spring and summer. >> i don't know what we can do about. can't do much of anything over there. our moderate syrian forces on the ground do not exist. so i don't know. >> that's a valid point here. i think there is an element of leading anticipation, as your

audience will recall texas was a pass by congress in september of $500 million to arm the -- train at least 5,000 moderate resistance fighters to commence immediately and continue on into the next year, and i think that will add to the field of play here. observers that can be credible -- >> seriously? you believe that? >> well. >> we can get together moderate syrian rebels to help us on the ground with our cause against isis? really? >> i think there are a lot of agencies and activists that would like to get involved against isis as well as also against. the assad regime, shep, and while we may have a challenge in defining all of them as being extremely moderate, i think there are plenty of actors, click those who will be hostile and nasty as well, that have an axe to grind with isis that will take off after them as well here going forward. >> sure, maybe we give them some weapons because recent history says whoever we give weapons to, they do great things and the

weapons never bother us. so give away the weapons -- >> i don't note giving away the weapons. >> not one time. >> having said that you have a battlefield where they're not a lot of great moral actors. >> nope. >> so -- >> that's for sure. >> what of what we need on the ground and haven't had, as i mentioned the last time we chatted, is intelligence on the ground. maybe not the most reliable actors but those with more reliable intelligence so we know who is forming with who, what the aligns are and how the parties that are more of a like mind with the people on the ground, that want to see this fighting end and those that wasn't to see representative governments in place have a better chance than right now. >> i wonder who assad left over -- who would take over. my guess is isis. >> isis has strong hand but they're not the only player on the ground. there are lots of others, and it's going to get -- i think it's safe to say, it's going to get more challenging on the

ground, a more violent before it gets less. >> probably or oh, to be able to have saddam over there and keep things quiet. thank you for coming. >> thank you. >> if you're one of the millions of americans playing the fly during the holiday season, gift ready to pay even more for this, that and the other thing, particularly your checked bag or upgrading your seat. that's what analysts are saying to the "los angeles times" newspaper. one airline started charging passengers more fees for traveling around christmas. spirit airline is raising checked bags by two bucks a bop. for people flying anytime between the 18th of december -- my dad's birthday -- and january 5th. gerri willis joins us now. so, spirit airlines i going to charge more. >> everybody is going to do it, i think. it's what you're going to see. >> i flew that once. >> did it go well. >> once. >> i'll take that as a nonanswer. this industry collecting fees of

7.5 billion last year. now another 10% this year. more and more fees collected and when the introduce this dynamic pricing thing on a broader scale you'll see even higher fees. this is for early boarding, seat upgrades, checked bags. >> if you want to get on a plane and sit there quiet, real small, real small, and just fly from one place to another with nothing in your hands you can do so cheaply. otherwise not so. >> exactly right. what i was curious about with talk about this dynamic pricing. >> dynamic pricing. >> so dynamic. in favor of the airlines. >> sounds like a lunch word. >> if -- your fare goes up and downed with demand but not your bag fee. doesn't cost them anymore to put the bag on the plane just because there's more people flying. >> more blood another of the turnip. >> what about the jet fuel costs. >> they're down. >> $8 billion since june. do you think we're going to get money back? >> i actually think that the price of the airline tickets well will go down now because of

the fact the price of fuel went down. they charged us a fuel surcharge when it went up. now we get bonuses ii want to fly with you. >> and assad. we'll all be there together when pigs start flying. >> they make an extra penny -- when jet fuel price goes one to they get an extra $190 million. so june when flieses started tanking. that's how much money. $8 billion. >> good for them. >> good for them. wish it was go for me. >> itself isn't. thank you, gerri. >> you're welcome. >> see you in an hour and 20 minutes. >> correct. >> a lot of football fans paying ridiculous amounts of money to drink beer. this is not new in oakland, for example, it costs you 11 bucks for the stadium's cheapest draft. $11 in oakland. they don't even win football games. >> don't drink beer. >> that's how reportedly expensive cheap beer i. not the worst deal. ryan has the details up here at that, too.

i have paid a lot of money here in new york. a little bit -- well go on. >> this research from find the best, took a look at all of the prices for draft beer at nfl stadiums and figured out how much these teams were charging by the ounce. these are the five worst fields. number five, a tie with dallas and kansas city, charging people 53 cents an ounce. a 16-ounce beer it's -- >> and number four. oakland, the two-win raiders you mentioned nearly 11 bucks for the 20-ounce beer. it's 54 cents an ounce. that's not the worst. at three, new orleans, who dat. gives you 56 cents an ounce. $9. >> drew gets a free one. >> number two, arizona. >> it's hot but they have a roof. >> 60 cents an ounce. 7 about 25 for a 12-ounce beer. the worst deal in the nfl. philadelphia. >> really.

>> really. 71 cents an ounce. if you want a 12-ounce bee, 8.50. >> right around the corner at our local here in mid-town, heineken is ten bucks. >> the term looked at the cheapest draft at the stadiums. for the giants there's $5 draft beer in the stadium. got me. >> nowhere near anyplace i've sat. >> somewhere necessary rutherford. >> east. home owner on trial for murder, and another debate over stand your ground. the suspect claims he shot and killed an exchange student in his garage because he feared for his life. the prosecutors say the home owner set a trap for the teenager. what can you do and what can't you do in your own domicile to protect yourself? how far is too far and when can they put you in jail for doing it? we'll get to that coming right up. ght, so this tylenol arthritis lasts 8 hours

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some emotional testimony today at the murder trial of a home owner who shot and killed an exchange student his garage. this is another race involving one of those stand your ground laws-this time in montana. the prosecutors say the home owner set a trap for a 17-year-old by deliberately leaving a purse inside his garage. but the home oregon says he so the the teen in self-defense and did not know where the student was armed. montana's stand your ground laws allow people to use deadly force only if they believe it would save a life, or prevent serious bodily harm. today the student's mother left the courtroom in tears as the police sergeant talked about the dang. he said she shooting left bullet holes in the house and drops of blood on the driveway. an mama reis a former federal prosecutor and currented a junk professor at to fordham law here in new york. set a trap. the prosecutors say it's that clear and he is the criminal. >> it's not an easy case, actually. >> no. >> it certainly looks and can be

something that the jury can hang their hat on to say this is premeditated. he leaves the gram door after the police in the neighborhood told everybody to keep your garage doors shut help also left a purse there, which would certainly entice anyone interested in robbing if they were going past and they saw an open garage with a purse there. he also had a light on, a motion detector light, and some equipment there to be able to tell if somebody walked into the garage. so, it would seem that it is certainly plausible that he did in fact plan this out in an attempt to catch somebody. on the other hand, there is a stand your ground law in montana. the garage is attached to his home and he had a girlfriend and his baby in the home. so can could certainly -- the jury could hang its hat on saying he was in fact trying to protect them. they came into an area adjoining the house, and that he was concerned and acted

appropriately. >> one of the analogies made not by me but other folks -- if you have a raccoon getting into your trash can, you don't leave the trash out and wait to shoot the raccoon, unless you do. you put the lid on the thing and don't let the raccoon in there i didn't think it was very -- i don't know -- install to make but the opinion is they're saying this guy put the purse out there and it wade and when he got in there, she touched the purse and shot her dead. >> some of the bullets went into the house, so if he is trying to protect his child who is actually in the home, you would think he wouldn't want to be shooting and allowing bullets going into the house, which is what happened. >> if you're his lawyer, and you're trying to say he is protecting his home and his family, what is your strongest point here? >> he was burglareesed a couple of times already in the recent past. he already told other people in the neighborhood that he was very concerned. he felt that the cops weren't reliable to try to protect them.

and that he was nervous. he was jittery. >> nottity jittery enough to keep the garage door closed. >> that's the problem. the lawyer has to hope the jury will like his client. they'll find a way to empathize with him and understand. perhaps they understand there are issues in the neighborhood, and so there's a good chance in this case, although normally the defendants don't take the stand, this defendant take the stand if he is a sympathetic character. the jury could fine in his favor. all we need is one in a case like this to have a hung jury. so one who says, no, i don't think he did it with any intention, and he shouldn't be held responsible. so the defense only has to convince really one juror not to convict. >> stand your ground laws-39 states. we're following these things because they're controversial. people feel strongly on both sides. nice to see you. >> thank you.

>> a fox report now. more haven'tlines. at least 21 people are dead now, more than a million in shelters after the crazy typhoon hit the philippines. it came ashore 60 miles south of manila. it was about as strong as a tropical storm in the united states put lots of water. a year ago another typhoon hit the philippines leaving 7,000 people dead or missing. look at this. protesters threw eggs and flares outside an opera house in milan on opening night. the biggest event of the year there. they're protesting budget cuts. riot police kept the crowd from storming the theater. at least one officer was hurt. in the ute we're getting our first look at a 2500-year-old egyptian mummy at the field museum in chicago. scientists there say it's the body of a 14-year-old boy. the son of a priest. they say they don't know how the

boy died. they took the mummy out of its coffin to stabilize it before sending it to an exhibit in los angeles next year. >> most of the protests in the eric beganner -- eric garner case have been peaceful. not in northern california. protectors broke windows and threw rocks at officers and cars. an update live is next. ♪ come in and use your starbucks gift card any day through january 5th for a chance to win starbucks for life. it's eb.

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fire. officers shot tear gas into the crowd and arrested at least five people. officials say some 500 people were marching peacefully in berkeley when small group stirred up the violence. a police spokeswoman says two officers were hurt. since lost week, tens of thousands have taken to streets in cities across the country. reporters say most protests have been very peaceful. trace gallagher is live in the west coast news hub. some are now criticizing the police action in berkeley. >> it's like much of what happened in ferguson. a lot of the business owners in downtown berkeley saying the police did not do enough to protect the downtown area you had dozens 60 businesses looted or smashed. the trader joe's was beaten up for the second night in a row. people went into a whole foods and began grabbing cases of champagne and then passing bottles around. the crowd 500, the police, 100, even though the police were using tear gas, rubber bullets

and flares, there were only six arrests and some believe the police allowed people to behave badly. others say the police used great restraint. >> there are reports that at one time protesters were pitted against other protesters. >> because a lot of them thought this was really going to be a peaceful protest and kind of failed. didn't turn out. so what happened was when they started looting a local electronic store and bringing tvs and such out, other people were actually videotaping them and trying to document the damage and the theft, and a lot of the people who were looting did not like that. they say that the violence just kind of defeats the purpose. listen to this. >> we are all trying to stay as peaceful as possible, but we're all keeping eyes on the people that are bad. we're ultimately just trying to get our message heard. >> easier to destroy than create something, and where that shy be creating a dialogue, it is kind

of lapses into this direction. >> and they're expecting more protests in berkeley tonight, shep. >> trace, thanks. we'll be right back. you total your brand new car.

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see car insurance in a whole new light. liberty mutual insurance. on this day in 1940 the chicago bears obliterated the washington football team with the most lopsided victory in nfl history. the final score was 73-0. they would say in oxford, no score. the redskins' owner called the bears cry babies after washington beat chicago a few weeks earlier 'when they faced off again in the nfl championship game the bears were fire up. they scored their first touchdown less than a minute in and never looked back. 28-nil at halftime. by the end the officials were asking the bears to stop kick extra points because when they kicked extra points the balls went through the stands into the end zone and people were taking them. they were running out of footballs and it was a walloping in washington. 74 years ago today.

bear down, chicago bears. this song will get in your head and ruin your life. i'm stuck with this song for the rest of the day. the dow is down 105. so there. [shouting] >> and another night of banks and shops under attack and this is far from ferguson. are these protests over police, now over the top? welcome everybody, i'm neil cavuto. police in berkeley, california, bracing for a their night of violence. protesters snatching up windows, looting stores. at macy's in new york city, demonstrators shouting "shut it down" staging what they call a die insure on the main floor of the flagship store, disrupting holiday shopping. to charles payne who says enough with the business bashing. but katherine says, many of these protesters are on to