try lifelock risk-free for 60 days and get this document shredder free -- a $29 value -- when you use promo code go. call now. a fox news alert and a scatting news alert. >> the critical report from the democratics on the intelligence committee is out now. embassy and facilities are on high alert. >> obama care johnathon gruber on the hot seat in capitol hill apologizing for the comments. >> my excusable arrogance is not a flaw in the health care law.

>> and plus, high drama in a montana courtroom as prosecutors claim this a homeowner intended to lure and kill the victim. and how the style and shock of killing the teen can bolster the state's case. >> grief is good. >> greedy or more hidden fees and hotels take a page from the hotel playbook. it is all "happening now". >> we begin today with the news breaking in washington. a senate's intelligence report on the use of interrogation on terrorist suspects is available now. >> it took years of work with

investigators pouring through millions of documents and now the report condemns the acts of the cia. this report roundly critized by republicans and officials for fears of sparking violence against americans. senator feinstein said the report doesn't condemn the cian at a home and tells the world that the america is a just nation. kathryn has more from washington. >> reporter: thank you, shannon. 6800 pages and costing 40 million. this report was driven by intelligence committee democrats. chair woman diane feinstein said it would help americans come to terms with a program that was hut down six years ago. >> history will judge us by

a commitment to a just society governed by law and willingness to uncover the truth and say never again. >> the senate report that did not have the backing. it was not a productive way to gather intelience and the cia provided information to the policy maker ands public. the cia program was miss managed and the interrogation against the den tainees went beyond authorized procedures. detainees that were waurlt boarded lost consciousness and nearly most sight in both eyes and if he did not survive, the cia would have him cremated. they disagree on what would be the tip that ultimately led to the osama bin laden compound in

2011. it came from a detainey not questioned by the u.s. and the cia said it came from the controversial program. >> i know that the information we got from detainees and those under going enhanced interrogation contributed to the wealth of knowledge in order to find abdull kuwatti. >> and aides on that committee said there is me finding in the 500 page executive summary of illegality and they are not calling for further legal review of the matter, shannon. >> thank you. >> you're welcome. >> a key advisor on the establishment of obama care is arkpologyizing for calling american voters stupid. mi t economic's professor johnathon gruber taking

questions from the house oversight committee in the shaping of the law. now the administration is trying to distance itself from him after videotaped remarks surfaced. >> you are the key guy and yet when the video surfaced, the president of the united states throws you under the bus and said you are a random advisor, what was your reaction to that mr. grubber? >> my job is to be an advisor and that's what i was. >> talking about with david kent senior writer for u.s. news and world reporter. is there any one in the administration defending the guy? >> no, you saw that in the testimony. two phases of the gruber system testimony. part one conciliatory and apologizing and saying his comments were inexcusable and the distance he provided the

administration. he was not a politician, but also not a political advisor and i think the first part may be more believable to americans that he is sorry for this, but the second part is hard to believe because he was in the room for the meetings and he was advising if mot the president himself but aides to the president. that is hard to taken the credibility for the americans out there. >> i remember when i got caught doing something wrong. i would apologize to my parents but i was really sorry i got caught. that may be going on here? >> this guy looked browbeaten today and also looks like he wanted to protect the policy, obama care. i was trying to show myself as being smartest guy in the room, but there were some questions in watching the hearing.

he believed that obama care would cost some people health insurance and something that the administration denied and even after it was passed, it was part of the churn of the policy. and he also said he believed that taxes were, new taxes involved in implementing this and another different response than what you hear out of the administration. and so there was new information, or at least acknowledgment of information from the hearings today. >> there is also the comment on tape upon where he said if states don't set up an exchange, then the whole system falls apart. and 37 states as you know didn't set up the exchanges and that is the subject of a case in front of the supreme court right now? what did he say about that? >> that's what the united states

supreme court says about it in the end. the democrats are nervous about what the supreme court will do on that. if they rule that states don't have to set it up if they don't want to, the underpennings of the health care law collapse and that is an important policy point that will not be determined until way down the road here. >> i haven't watched every minute of his testimony since i have been on the program this morning, but you know, he hasn't talked about that. he didn't apologize about that. but apologized for calling the american voters stupid. >> that is a testimony and what would seem to be that evidence is crucial to whether or not obama care can live or die. >> i was watching the hearing. and i done hear about the

exchange. but if he undermined the exchange part. that is crucial for the health care law. as you watched him go through this, these hearings go on for hours and he repeated himself a lot more and the questions were more focused on him calling the american people stupid and he said you can get it by the american people if you package it a certain way. and messaging, but the second question is important about the policy and the stated changes. >> he says now he doesn't believe them, and that means he lied when he first said them, and so a good prosecutor said why should we believe anything you have to say in your testimony about the efficacy of obama care. >> this is the typical washington clean up act. he's caught on tape and marched

out there and said fall on your sword. you are one guy, don't make one mitt economist the death nail for obama care. and that's what he's trying to do and minimize the damage. conciliatory. he was telling the truth the first time or lying the first time, and you know, it depends on what question he's answering and depends on his answer on that, but mostly the idea is to protect the law, and the repeated comments are made over a long period of time. it is don't take long the health care law. the supreme court will be more important on the fate of obama care than johnathon gruber. >> i am sitting next to an expert on that. johnathon gruber falls on his

sword and no one from the administration catches him. >> our live chat is up and running and go to fox news.com/america's asking. >> more breaking news on the the massive spending bill. law makers have been racing to pass ahead of the deadline. and carl cameron is live in washington with more on that. hi, carl. >> reporter: there is movement on capitol hill, shocking it would so many, republicans are indicating that they are ready to post the language of the spending bill this afternoon. it means they will have to debate it tomorrow and vote on it in thursday. thursday in midnight is the deadline for the current funding law to expire. it doesn't leave a lot of time for the senate to get its work done, the greatest debating body in the world will want to debate and vote on it. and it curtails all of this. and the bigger question is

whether or not the gop will block the immigration actions and avoid a shutdown. there are disputes over epa holding things up. and they have finally gotten them resolved. house speaker john pone bone is pushing a two track approach. funding the entire government through next september and carve out the department of homeland security which overseas immigration enforcement and there would be a separate resolution to freeze the funds at current levels in february. and they will have a hell of a lot more leverage. jeff sessions is going to be the budget chairman and ted cruz positioning for a 2016 presidential run and they are talking tough. but they are not threatening a filibuster. in the end, the shutdown could be avoided. and the law makers make the

deadlines and they make the laws and they can change the deadlines and if they run in a real crunch on midnight, they are ironing it out. and the house would have to agree to it and they could go in overtime and avoid the shutdown. republican leaders said before the midterm elections they don't want a government shutdown and also don't want to deal with the president's immigration agenda. >> yeah, you and i have seen it over time many times over the holiday. >> reporter: posturing before the holidays. >> carl, thank you. >> president obama expected to speak on a topic. and the recent executive actions and providing legal status and work permits for up to 5 million

illegal imdprapts already here. and republicans responding to that by threatening to with hold funding from the department of homeland security and responsible for implementing the president's plan. >> and the dow following in wall street again today. and the stocks seeing a triple digit drop. >> and another nor' easter bringing a blast of rain and snow in the east and rick leaventhal. >> it is it a nasty day on long beach and stinging rain and gusty winds and causing problems not only in the new york area but across the region. streets here are flooded and lots of action and serious delays in the airplane. we'll have the delays, coming up. @oyu0x?hy@x@8p i have the worst cold with this runny nose.

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market. the dow fell douvenlt we are at 17, 754. in greece, there is fear that upheffal will put it in danger. the stocks there are suffering the biggest loss since 1987. and china, regulators tightened restrictions on lending. a powerful nor' easter dumping heavy rain from dc to boston and winds whipping up to 40 miles per hour and some places seeing six inches of snow. we have more from long beach, long island, rick? >> reporter: john, this is the board walk that was rebuilt that cost fro million and it is completely empty. look at the ocean.

we have seen surfers out there riding the waves but we are told that there could be siing can beach erosion which is bad news for the entire coast line. and the rain is relentless. it is creating a lot of localized flooding. past those whipping flags on the hotel how much water is on the streets. not only here on the coast, but there is a lot of areas that are shut down because of high water and flooding. we have had dozens of accidents in new york and new jersey where there is high winds gusting from 50 to 55 miles per hour. and a the lot of vehicles are stuck and authorities are telling people to stay off of the roads. philadelphia and other major cities seeing high winds and high water and the relentless rain and a lot of snow falling to the north and ice as well. and that is contributing to the

accidents. central new york seeing issues. and up in the boston region snow and ice and warning drivers to stay off of the roads. black ice expected and can create more problems. there are significant delays in the airports as well. philly and now -- newark and jfk reporting three hours or more. and john, beast advice don't travel but if you are, call ahead and this is nasty and will not let up for hours we are told. throw the snow and freezing rain you have a real mess. rick, stay warm out there. >> i will buy him a coffee and hot chocolate. he's there so we get the news. coming up. california senator diane

feinstein releasing a controversial report. what will the fallout be now with u.s. embassy and troops around the world for possible retalation. and sad day in philadelphia, one of that city's bravest dies trying to save a home going up in flames. >> the firefighter was doing her job to the best of her ability, and unfortunately died fighting the fire. and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

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>> the death of the first female firefighter killed in the line of duty in philadelphia. it is 36 year old joyce craig

lewiswho was an 11 year vet van. she was trapped in the basement of a burning home. she was rushed in the hospital with no vital signs. the mayor called it a tragic day for everyone. noutgoing sentence committee chair diane feinstein releasing a controversial report on the cia tactics. she said it is based on facts. >> they aren't base on recollection. they aren't based on revision and they are not irrationalization a decade later. and these documents are referenced in thousands of foot notes that provide the factual basis for the study's conclusion. >> tom has written extensively and a columnist at the national daily review and telegraph.

tom, great to have you today. those comments from senator feinstein and her explanation about why they themselves, members of the committee did not interview people who are involved with the interrogation and saying more than 6 million pages of documents. and introduce conducted by the cia inspector junior. is that good enough? >> no, i don't think it is good enough for the historical record. how the senate democrats who produced the report can say they have providing an accounting of truth without talking to cian officers is beyond the pale and an insult to the people serving now. operation officers at different posts and the report, which i tried to be going through this morning is very, very selective and extremely subjective in how it applies facts. in one point, the report mixed

up two different terrorist to make a point on intelligence techniques from kha lid sheik mohammed. it speaks to a major terrorist plot prevented in the uk. >> the senator said it was important to get the report out now, saying it is too important to be shelved indefinitely and shoes the world that america can admit it did things wrong and it will learn from its mistakes and part of the report said the cia's detention damaged the united states standing in the world. what do you make of that reasoning as part of why this report needs to be out? >> well, look, regardless of what the people think of the procedures that are applied, we know what went on essentially. and so by producing it again, rekindles the four and will be

manipulated by extremist to represent the united states as a country that goes out and takes random people and takes measures. they will not be be talking about why the measures were applied. and the limited number. and the world knows what happened. but the problem here, aside of the rhetoric of feinstein, the reality of the report it will be harder for foreign intelligence partners to share with the united states, they will fear that at a future point, another senate committee will release information and put them in a difficult situation. this report as released today will provide major harm to the national security and interest of the united states. >> why then is it being released? senator feinstein had respect from both sides of the aisle and been a defender of the

intelligence agencies and so why if it creates that danger and her own administration admits we have heightened alerts, why would senator feinstein do this? >> i think there are a couple of reasons, firstly with senator feinstein about to move away from her position as a chairwoman and looking for a legacy project and we took the file to the cia that will appeal to liberal donors and an effort for democrats to distance themselves. and nancy pelosi and jane harmon. they want to create physical distance from their agreement with these measures so they have political protection from their base. and it is easier to burn the

cia. it is it a narrow calculation over the policy interest. tom, always good to so you and thank you. >> i will have one out later today on this. >> thank you. >> and jose rodriguez was the head of the cia. and diane feinstein didn't talk to him. and he will be talking to shaun hanitty. tonight. and high alerts. and after the release on the senate report on we'll tell you more about. that>> and we'll see more of whatted the grand jury showed on the shooting of unarmed teen michael brown.

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that details could be spawning violence against the americans. greg? >> hi, john. so far we haven't heard of reaction on the street to the report. but it is just out and late in the mideast where one expects the strongest response. and we spoke to officials in the u.s. officials here in london and the state department asked them to review the security posture and making sure security personnel and infrastructure is in place. washington is foreing the violent demonstration that bee saw in egypt, protestors literally climbing over the wall and officials told me they are taking it day-by-day. and the u.s. military high alert here and all over the world and watching their backs and ready for fast deployment. rekrautments in spain and kuwait

and bahrain. these fast response teams called on or considered to be called on in benghazi when they were under attack. officials in washington don't want a rerun of that. again, john, we are not seeing too much. we are seeing media pick up in places like pakistan. i talked to a contact in yemen. hey, we are not angry about the report. we are angry about the drone maybe there is a statute of limitation on the emotion. thank you. >> a sad update to a story "happening now" told you about yesterday. six people are dead after a small plane crashed in a home in maryland. all three people on board of the jet along with a mother and two young sons died in the house. investigators recovered the

plane's black boxes. witnesses say the plane appeared to it be flying too low before it crashed in the home. >> we are learned more about the evidence presented to the missouri grand jury on the death of a unarmed teen. evidence suspects officer darren wilson's story. >> reporter: i will tell you that the bad blood between the police and public is not desa pating. you can so that with the second meeting of the ferguson commission last night. now the first ferguson commission meeting melted down and we get that as prosecutors released another pile of evidence. and the federal autopsy confirming much of what is out

there. and witness testimony stating that brown was the aggressor in the suv and apparently hitting him. and officer had the left hand in his face and right hand was shaking as he stumbled for one foot to the other. and michael started charging toward the officer and the officer was yelling stop, he yelled stop, stop, stop. and he didn't and he started to shoot him. his hands were clenched he was bent but like a football charge and that's when the gun shot started. the narrative of the hands being up. according to the witnesses, johnson ran away. >> wow. and so much of what took place. hands up and don't shoot has really taken over and according to the documents, it didn't

happen? >> reporter: and johnson who started, his back was turned and he was hightailing it out of there. >> thank you for that clarification. >> and a dangerous rescue after a man falls in a pit. and high drama at the trial of a man who fatally shot a 17 year old intruder in the garage. they turn their focus to a bloody crime scene and an eyewitness takes the stand. ou

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murder- suicide that is all via face time. >> new testimony from a witness in the trial of a montana man who shot and killed an exchange student in his garage. taking a stand, a classmate that was with them monday night. they showed bloody photos where marcus kaarmafatally shot the student back in april. we'll talk to our fox news analyst. >> this guy was talking about burglaries in the area and he was on high alert and had his gun and he was ready. and there were questions about the garage door left open and a purse being where they saw that. and now there are questions about the purse. >> whether it was planted or not. you are right. what we heard so far, basically

the homeowner lured the now dead young man in his garage and you think about the castle doctorine and you can protect your home and your garage. that is an extension of your home, but under montana law, you can only use deadly force, that is shooting some guy four times which is what happened here if you are are protecting yourself or someone else from that force or that that person is in the midst of committing a felony. i don't think the defense will prove that. and the burden is on the defense. >> the prosecutors were cagey and came at him and said look, he was garage surfing to try to find something to eat. they did that on purpose. if that is true and for the sake of the argument, he's not committing a felony and you can't kill him. >> and it is got to be a forcible felony.

the bottom line normally castle doctorine put them in line for the defendant. if that is a lure of the on to the property and the that's the castle doctorine. and if he is not committing a felony. >> it was dark and it was in the garage and the door was up. that is not debated. but the placement of the purse and talk about the lure. and there was one detective who took the stand that maybe the purse was moved after the crime scene was cleared. that makes you wonder, it sounds like a set up and the purse was not there. >> and that is hitting it on the head. if you lure him in your property that is one scenario. if a person breaks in that is different. but i still think there might be

dead lock and confusion. emotions are high on both sides of the debate. >> we know that the castle doctorine law in montana was updated five years ago. it is a broad and pro homeowner. and that's going grancy the prosecution. but they took this case. they must think they have enough. you can't bring a case if you don't believe in the person's guilt. >> and the other thing in my view, is that he shot like pistorias, even though it is a different case. he shot through the wall without knowing what the perpetrator was doing. and by definition, how can you possible know and what that person is doing. and that's why they took the case. if this is a situation where he confronted and saw the guy in the open garage and shot him

totally different. >> we'll have to see what the jury thinks. >> this is a case against the facts and law. and the prosecutor is pushing the law here. you have to look at the standards. nand we learned in law school, if you don't have one you argue the other. >> yeah. good to see you both. jon. >> iraq prime minister asking the u.s. defense secretary for more firepower. chuck hagel tolds him he needs to bring iraq together first. the new prime minister said the forces are making progress against the isis terrorist but they need more equipment. the pentagon said hardware is not the problem but the lack of a competent military leadership. but hagel said the u.s. supports the prime minister. >> as iraqi leaders and people of rieshgs rack know. only they can bring lasting peace to their country.

if they are to be resolved to do this. i believe the iraqi people are resolved to do this. america will continue to be a partner in supporting them as they build a future for l country that is one of peace and hope and opportunity for all of their people. >> the visit to baghdad likely to be chuck hagel's last overseas trip. >> the duke and duchess of cam bridge honoring the america fallen heroes and what about the plan of the final day new york city. >> hotel chains rolling out pricey new fees and which travellers can get hit the hardest. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement,

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you better be prepared to give more notice the next time you want to cancel a holtz reservation. this after marriott and hilton, two of the world's largest hotel chains announced that starting january 1st any guest who does not cancel a reservation at least one day before arrival will be charged a fee in the amount of one night's room. it's just the latest move by hotels to begin copying airlines and collecting more fees. >> the airline advisory made $15 billion this year on ancillary fees. things like cancellation fees, bad fees, and i think the hotels are taking something from their playbook here.

hotels are at record occupancy right now. they're trying to find other unique ways to get money. charging guests that cancel -- if they're moving so much of their inventory, why jack up the prices even higher? >> well, because this is a unique way they can kind of make more money without jacking up prices. they're kind of convinced that consumers won't care about the fact that they're charging for last minute cancellations. they're assuming that people care about amenities lishgs wi-fi and breakfast and don't care so much about what the cancellation policy is. >> presumably, this will allow them to sell the same hotel room twice. i mean, that's the best of both worlds. if somebody rents or, you know, schedules room 25 and then cancels, they can charge that guest for it and sell it to the next guy that comes through the door. >> exactly. it almost seems criminal. you would think there will be a cancellation fee, but they're

taking all of the revenue and selling that room again. it's an unfortunate situation for consumers. >> this is going to be the new policy at marriott and hilton. are there people that won't go along? are there going to be opportunities here? >> i'm sure there will be. the main reason people stay at hilt sxon marriott properties is because there are so many around the world. combined they have over 8,000 hotels in the world, and that's kind of their strong point. that's why people stay at those hotels. this presents a unique opportunity for boutique and independent hotels to make this a point of differentiation. not only having more flexible change policies, but also offering free breakfast, wi-fi, all things you would otherwise be charged for if staying at some hilton and marriott properties. >> i personally hate to see the hotels going the way of the airlines because i really hate what the airlines are doing these days. let's talk about the airlines. american airlines planning to spend $2 billion on new stuff. >> they're currently integrating

american and us airways, and that's kind of catching up with the competition. they're kind of catching up with the competition. they're going from having the oldest fleet of any u.s. legacy carrier, any of the big carriers and having the newest fleet very soon. that's a $2 billion investment. they're adding new seats. they're refreshing cannins. they're adding more amenities for first and business class passengers. that's where a lot of the focus is nowa days, making the experience better for those who will pay for the premium seats. >> i will hold my tongue bays i have a lot to say on that particular issue. ben, thanks very much. >> thanks for having me. >> you're a pilot. i don't know why you don't just fly us everywhere, john. >> i try to fly myself when i'm flying local, but if you are going cross-country or you're going overseas, a cessna is not the way to go.

speaking of planes, she forced one to turn around because she didn't like the way -- now jennifer has stepped down from in flight services. it all started when she was on a flight from new york so south korea. she had the pilot take the plane back to the gate in order to kick the cabin crew chief off the plane because one of the attendants served her mac damian nuts in a bag instead of on a plate. >> what? >> do you get silverware with that? >> she's since apologized and says she does regret her actions. >> that's nice. well, the obama administration is reacting to the new report on cia interrogation tactics. our coverage continues with a live report just ahead.

a dramatic rescue caught on camera. crews hoisting a man out of a pit at a water treatment facility in buckeye, arizona. they say he somehow fell into an eight foot pit landing on a concrete wall surrounded by

water. they lifted him out with a rope, got him some medical attention. officials say the worker was conscious, but as you can imagine, in a lot of pain. >> thanks for joining us. >> the real story with gretchen carlson starts now. today the big day. senate dems finally released the cia report providing the most detailed public accounting of controversial interrogation techniques. that's a mouthful. secretary of state john kerry will likely address the new report in just a few minutes. he is there to testify before the senate foreign relations committee about isis, but, remember, he is the one who asked for a delay in the reports released.