good morning. you are watching "fox & friends". i am lia gabriel. in for ainsley earhardt. >> i am heather childers. thank you for starting your day with us as always. they release a scathing report in the aftermath of 9-11. they save lives. >> peter, it seems there might be worries terrorists could use this report for propaganda. >> there are more than 6,000 marines abroad on high alert ready to respond from terror threats that stems from the release of this report. some elected officials are especially concerned for cia personnel who may not have participated or known about the

harsh details. >> now you have this growing problem and now you have a taste officer who works in a dangerous place in the world who expects the united states will stand with them because we have asked them to do very hard and difficult things to protect america. do we have to turn around and look back and wonder if the united states is going to be with them? >> president obama joins many democrats who believe admitting to america's friends and enemies that methods used for gathering intelligence that methods were harsher han realized. here is why. >> we engaged in brutal activity after 9-11. this is an accounting of some of the problems that the cia program is engaged in. i recognize there is controversies in terms of the some of the details.

what is not controversial is we did things that violated who we are as a people. >> an official from the u.n. is saying he would like to see activities from those who rg carry out the tactics. they will not be charging anybody over these new revelations. back to you in new york. >> peter doocy, live for us from dc. former cia official jose rodriguez saying the report is all about politics and the agency will suffer. >> the cia is the country's paramount intel gensz service. it has a very important mission. the mission is to protect american interests to protect the home land, to safeguard american lives and it needs to be comfortable when it screws up. there are a lot of moving parts

a . in this case i believe we have been thrown under the bus and the politicians are playing political football with the ci. >> let's keep talking about the cia report. did enhanced interrogation make our country safer? log on to our facebook page after the show live debate #keep talking. >> the cameras were on. gruber didn't say americans were stupid. he tried desperately to apologize. >> i am extremely frustrated with dr. gruber's statements. stupid. absolutely stupid comments he made over the past few years. >> they were thoughtless and

down right insensitive. >> they are incredibly disrespectful and did not show reality. >> i don't have to live with that but my own excuse for arrogance is not a flaw in the affordable care act. >> dr. gruber's statements gave the public relations gift. >> are you stupid? >> i don't think so, no. >> does mit employ stupid people? >> not to my knowledge. >> so you are a smart man who said who said really stupid things. >> you would not deny today that in these statements that obamacare isn't taxed would you? >> it is a large piece of legislation with many parts. >> one of those parts a tax, mr. gruber? >> there are some taxes in obamacare, yes. >> the president argued obamacare was not a tax. what you were trying to say is the bill cauwas con volume lute. >> call it stupidity of the american voter or whatever but

that was really critical. >> the lack economic understanding of the american voter. >> when did you realize these comments were indefensible and inappropriate? >> i honestly don't remember making them? >> you don't remember calling your fellow citizens stupid and you don't remember saying you are the only person who cares about the uninsured the rest of your fellow citizens don't give a dam about the uninsured? you don't remember saying that? >> i don't. they were thoughtless comments that i made. >> the so-called glute nows has been referenced today have direct consequences for real american people. get over your damn foolishness. >> i apologize for what was said earlier. >> took you a little while to apologize. what i am struggling with is whether your a polling is whether you said it or whether you meant it? >> i appreciate what you said in the video it seems to me for the

first time someone came clean when you told the truth. >> i will have to live with that. >> they gave the opponents a pr gift. you did a great job wrapped it up with a bow. >> coming up at 5 compln 30 gruber's response to the president's if you like your plan you can keep your plan, promise. >> new overnight a south african judge ruling prosecutors can appeal oscar pistorius manslaughter conviction. he was put in jail for shooting and killing reba steenkamp. his punishment was shockingly inappropriate and they are seeking a murder conviction. it goes before south africa's supreme court. >> carolina panther's quarterback cam newton in the hospital this morning after a serious car crash. police say he was driving his truck on a bridge when it

collided with another car. newton suffering multiple fractures to his lower back. it happened very quickly. >> cam newton is coming down. it's tough put cam newton on the drop side. it's tough. (indiscernible) >> he had such a great game last weekend. doctors can't tell us whether he will be able to play sunday against the tampa bay buccaneers. >> could be facing the death penalty if california prosecutors get their way. he's an illegal immigrant with a lengthy criminal history who has been deported four times. he's accused of going on a killing spree in october which left two county deputies dead.

he faces tame presidented murder and weapons charges and will be back in court in neb. for the fourth night in a row protests in burke lee flooding the street and clashing with police protestors. >> after demonstrations blocked major highways monday night police were ready for the first round keeping bean bag shots back. they let garbage cans on fire. kobe bryant and others supporting i can't breathe t-shirts during warm-ups last night. thousands of miles away protestors filling grand central terminal chanting "shut it down." >> a nor' easter packing wet snow, strong winds and freezing rain turning deadly. one woman killed in an 8 vehicle pileup on this icy highway. another driver died in a car

crash that was in main maine. this flood looking more like a river and the storm isn't over. janice dean in the weather center with what we can expect today. janice, good morning. >> good morning. we set rainfall records at jfk, laguardia, central park over three inches of rain at jfk yesterday. there is much needed moisture in southern california. it is actually backing in from the northeast. on the backside of this that is where we will see the heavy snow. it is not done yet, folks. we have to get through today and even part of tomorrow. look at some of the forecast snow totals. i want to talk about this. this will be our next big story the west getting more inch needed moisture. we are westerned with more

flooding and mud slides. in california we are in for an epic drought here. good things lia and heather as we get our wednesday. >> rick santorum throwing his hat into the race for the white house. cat cal senator says he is running for president again but this time with a new message. he wants to appeal beyond his base and reach blue collar voters being left behind in the economy. he came in second place in the 2012 republican primaries plans to go to a summit in iowa next month. >> kate middleton and the prince waking up at home with their son prince george. they also visited the 911 memorial. williams holding an umbrella of h for his wife as she delivered

one of the handwritten notes and roses at one of the memorial pools. >> if your mobile web surfing you are apparently in luck. >> loren simonetti is here now so explain, loren. >> good morning everybody. team mobile you tell king the price of its unlimited shared data plan to $100 a month. you can get unlimited talk, text and 4 g data for two lines and tack on more lines for $40 each. just last week rival sprint when it said it was cutting the plan in half for at&t and verizon customers who switched over. >> passengers on delta will have choices in march when they start offering 5 different types of seating. you have access to sky club flatbed seats and special meals. first class and three different fairs and coats that get you

priority boarding and dedicated bin space the main cabin and ich is bare bones flying so you have to pay for each fair. this looks like the future of fast food. the all natural burger at carls junior. no antibiotics no added hormones and has more calories than carl's junior's cheese burger. let's show you futures. after a sell off yesterday dow up 18 points right now. l leah, back to you. >> thanks loren. fox business network log on to foxbusiness.com/channel finder. >> the time now is 12 minutes after the top of the hour. coming up an incredible rescue how a sailor is saved overseas.

>> google mro i es have a big reason to feel lucky this morning. why you might want to fly to work for the tech giant. they're still after me. get to the terminal across town. are all the green lights you? no. it's called grid iq. the 4:51 is leaving at 4:51. ♪ they cut the power. it'll fix itself. power's back on. quick thinking traffic lights and self correcting power grids make the world predictable. thrillingly predictable.

>> welcome back. a miraculous rescue off the coast of hawaii. a sailor saved after 12 days at sea. he made two desperate calls from his water logged boat but they turned up nothing after days of silence. he managed to make another mayday call. coast guardable to pinpoint his position finding him 64 miles south of honolulu. he was tired and dehydrated but expected to be okay. i think credibly dense fog coming to a stand still. covered much of downtown fort worth except for a few

skyscrapers. dozens of flights canceled. >> here's something you da hear every day a baby making his gravend entrance into the world thousands of feet above the earth. kelly wright with the mile heidi livery. -- high delivery. >> let's call this southwest airlines jurn journey the flight of historic. passengers of flit 623 traveled to phoenix. an expecting mother went into labor. a pilot requested to make an emergency landing in los angeles. a doctor and nurse helped the woman deliver the newborn baby right before landing. the delivery went so well some passengers were not even aware until they heard a baby crying. >> i am like there's no babies on this flight. a woman sitting by me said she

just gave birth. no one freaked out. it was amazing. it was calm. people came to help. it was a cool thing. >> unoo un of texas football coach charlie reed was on board he said i tip my hat to the air crew and passengers who handled a biz sglash situation with great poise and professionalism. >> i can't think of anything else that is going to top that at least not for a while. >> the lady next to me said let's get even with the kardashians and call her southwest. >> it was the first for the mom and baby, too. but not for southwest. this is the second time baby has been born during one of their flights. the first one taking place in 2009 on a flight from chicago to salt lake city. >> i wonder what they are going to name the about a ibby. southwest is kind of cute. great story this morning. now it is time to brew on

this. airplane etiquette under the microscope at the height of the holiday season. in recent months people fighting over leg room. the most aggravating type of fellow fliers. number 5 the boozer. number four the audio insensitive the one with music blasting. third the aromatic passenger, the stinky guy. number two the inattentive parent who let their children roam three. in first the rear seat kicker. we want to know what annoys you the most when traveling. send us your comments at e-mail or twitter we will share them later on in the show. >> the time is 19 minutes after the hour. your tax dollars are at work. the latest blunder for the irs that cost you billions. >> two weeks left to check off the christmas list.

>> if you put it in a shaker might be frosty. >> holiday shopping edition of "watters' world is up next.

>> welcome back. some college students are trying to use the eric garner and michael brown situation to get out of exams. they claim they have been too busy to study because they have been compelled to take to the streets. while the school has not delayed any best tests yet they are

letting students petition on an individual basis. an oklahoma school football team's hail mary. frederick a douglas high school lost by one point to locust grove after a blown call takes away the touchdown. he is asking him to get the win by asking them to replay the final 64 seconds of the game. the final game postponed until the judge hears from both sides later today. a oo santa claus has rudolph to guide his slay but they use weather nerds. they use weather data to make sure your christmas deliveries make it on time. they organize deicing for planes to setting satellite and radar monitors. they are expected to ship 900 million packages this holiday season. 14 shopping days until christmas. they are stepping into waters

world to find out. >> so who are you shopping for today? >> everybody. >> who do we have? >> 20 grand kids. >> 20 grand kids? >> how much do you usually spend on your grandson? >> 100, 100 and a half. >> maybe a little less than the naughtyer ones. >> they are all naughty. >> are any of your children musically inclined? >> one is a dancer. >> what kind of dancer? >> not a pole dancer. >> size 34 must be in shape. >> maybe you can buy them a treadmill later they are on sale. >> frozen. do you want to build a snowman. >> do you want to build a snowman? >> you look like the frozen type of guy. >> if you put it in the shaker it might be frozen. >> you mean alcohol?

>> like make mom and dad. >> i have made my family disappear. >> what are you going to get your husband this year? >> i am going to get him a cashmere coat. >> that's going to lit his christ mastery. -- christmas tree. >> his christmas tree is always well lit. >> i am putting this back. >> why? >> my wife told me to. >> you do everything your wife says? >> pretty much. >> what does the hobbit have to do with jesus? >> good question. love waters world. 26 after the top of the hour. interests in this incredible video isn't the suspect's only crime. >> the next time you go on a cruise why you might see lines like you see at the airport. i make a lot of purchases for my business.

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>> it is wednesday december 10th. the cia alerts what we know about interrogations and worries our enemies might have just won. >> an nfl star quarterback seriously hurt in a car brand new information about cam newton's condition and where he might play again. >> a traffic stop surprise the plan you want to pull over this holiday season. "fox & friends first" continues right now. ♪ >> welcome to "fox & friends first". if you look at the christmas decorations up.

>> i am leah gabrielle. >> i am heather childers. >> former cia officials say they saved thousands of american lives. >> did the release put more americans at risk? >> that is certainly an accusation here. reports from the senate intelligence committee accuses the cia of not just mistreating terror detainees but also not coming clean with congress and the white house. this is an accusation of torture in this report saying the cia didn't just stop at waterboarding some al qaeda suspects will you abouts hit them and slammed them against walls in some instances. there are fears reports could lead to attacks on u.s. interests around the globe. that led to mixed signals through the administration. although president president supports his release. >> it is never a perfect time to

release a report like this. it was important for us to recognize part of that does it resay it is wrong and acknowledge it. >> backers are mounting a defense saying they never interviewed any one from the agency. the cia maintained aggressive tactics help lead them to osama bin laden and others. >> we have u.s. personnel intelligence officials and/or military or special operators in harm's way. when you look at why would we release it now what did we have to gain? >> former cia officials say congress was told again and again what was happening within the agency. if anything members of congress were urging cia officials to go

further. >> that brings us to look who is talking. charles allen defending the agency and calling the report disappointing. >> we offer it during the detention and interrogation under the rules outlined the justice department agreed to by the administration. we were the first line of defense. we do things that others do not do and we go where others do not go. we did this under direction embracing the so-called lee leaders of the house of representatives. the cia has your back it is a brave organization of every aspect of intelligence but they know they must have the support of the administration and support of the congress and select committees. the report to me is disappointing. >> did enhanced interrogation make our country safer? what do you think? head to our facebook page to weigh in #keep talking.

>> happening today the benghazi select committee convenes for a second hearing. they were tasked with investigating the terror attack that killed four americans. the secretaries diplomatic torn and inspector general are expected to testify. the investigation will continue in the new congress next year announcing the job is far from over>> he tried to steal secrets and give them to navy. >> he allegedly tried to steal details of the newest aircraft carriers the uss gerald r. ford. the saudi born american was caught passing information to an under cover fbi agent including how to sink the ship. physical convicted he could face 40 years behind bars. >> carolina panthers in the hospital after a serious car crash.

he was driving his truck on a bridge when it collided with another car. his truck flipping four times. the qb suffering multiple fractures to his lower back. he was seen smiling with first responders after the crash. doctors say it is too soon to say if he will be able to play for the tampa pay buccaneers. protestors flooding the streets and clashing with police. (chanting) >> after demonstrations blocked major highways police were ready for the neck round using bean bag shots to keep protestors back lighting garbage cans on fire. people filling grand central terminals chanting, "shut it down." >> a another easter packing wet snow strong winds and freezing rain turning deadly. one woman killed in an 8 vehicle

pileup another driver died in a car crash in maine. looked more like a river. we are in the weather center with what we can expect today. >> we are dealing with the storm system mainly a snow event for interior sections of the northeast. watch the future radar we could get 6-12 to 18 inches of snow in up state new york and new england. it will finally exit on friday. until then we have winter weather advisories through pennsylvania up state new york and new england. our next big story is going to be a parade of systems moving into the west coast bringing much needed rainfall. but the threat for flash flooding for parts of southern california in the burn areas. we are not talking about one major storm we are talking about several reaching as far south as southern california. this is going to be a huge story. they need the moisture but so

much of a good thing is causing the problem of flooding and mud slides. this is the big story we will be watching as we head into the weekend. heather and lia back to you. janice dean, thank you. >> a you? report shows the irs paid 20 billion in tax credit to people who did not qualify. the refund supplied to the earned income tax credit and additional child tax credit both intended for lower income americans. the audit reveals most of the money mistakenly went to the wrong people. these incentives have been described adds low risk for payment but watchdog group says that's not true. a million dollars to take care of immigrant children. they are shelling out $280 million to pay for illegal children this year. they were housed in texas and oklahoma at a cost of 86,000 per

child. >> the obamacare architect who called the people stupid has a chance to clarify his comments. he was getting grilled on capitol hill. >> are you stupid? >> i don't think so, no. >> so you are a smart man who said really stupid things and you said the same? >> the comments i made were inexcusable. >> they were irresponsible, incredibly disrespectful and did not reflect reality>> we provided copies including e-mails memoranda or presentations or discussions or conversations you had with federal or state officials or employees related to the affordable care act. >> i need a yes or no. i have answers to your council. >> when did you realize these comments were indefensible or inappropriate? >> i honestly didn't remember making them.

>> you didn't remember calling your fellow citizens stupid the rest of your fellow citizens give to the uninsured. >> remember when president obama said this? >> if you like your healthcare plan, you can keep your healthcare plan. >> gruber admitting it was actually part of the plan to have people lose their insurance. >> did you believe that no one as the president said would lose the plan they like? >> said it would not effect the vast majority of americans but it is true some people might have to upgrade their plans because their plans were not prehencive. >> that brings us to look who is talking. former presidential speech writer says the apology we are looking for isn't from jonathan gruber. >> let's remember barack obama told the same lies as jonathan gruber. nobody cares about jonathan

gruber he's a washed up mit professor who is not going to get a government contract again. barack obama said over and over and over again the individual mandate does not attack and senç them to argue that it does. when does he say i am sorry for my glib comments. why didn't the united states of america apologize for it? >> well, switching gears entirely the video that will have you smiling this morning when mom is away dad will play. this daddy sided to have a little fun with his baby. . >> sounds like that little guy enjoys the groucho marx look. >> the time is 40 minutes after the hour. another chapter in the blade runner's court battle. the breaking decision overnight

that could change oscar pistorius's life. >> another financial crisis coming the move by fannie mae and freddie mac that is more like déjà vu. >> what you won't see and why some say it is a step way back. : [ breathing deeply ]

[ inhales deeply ] [ sighs ] [ inhales ] [ male announcer ] at cvs health, we took a deep breath... [ inhales, exhales ] [ male announcer ] and made the decision to quit selling cigarettes in our cvs pharmacies. now we invite smokers to quit, too, with our comprehensive program. we just want to help everyone, everywhere, breathe a little easier. introducing cvs health. because health is everything. >> welcome back to "fox & friends first". it is a case of déjà vu. they are risk loan for home buyers. they have it as low as 3 percent. the move targets buyers with good credit but cash. having trouble getting a doctor through medicaid?

a new health department investigation reveals more than half of medicaid doctors could not offer ap appointments because they have too many patients. wait times for those who could get an appointment range from two weeks to 2 months. what's worse 35 percent of doctors could not even be found at locations where they are listed. >> next time you board that caribbean cruise it might feel like you are boarding a plane. after consulting with the tsa the coast guard have preboarding for their luggage. the new rules would standardize them across the industry. are you in the market for a new job? ashley webster from our sister network fox business with the best places to work and it is all according to employees. ashley, i am putting fox news on that list. >> according to the web site these are the best places to

work and according to the employees themselves. boston consulting group in 87 offices in 45 countries the employees rage about a rich intellectual atmosphere and inspiring colleagues. number four is tech company f five networks. they talk about a competitive salary generous benefits and great camaraderie. doming in at number 3 nestle purina pet care. corporate culture second to none plenty of career growth. bane and company. workers say the management consulting firm is full of hard-working people who are few actu mutual respect for people. google number one on top. salary almost unmatchable. the company attracts the best talent and best of all they say it is just plain cool. other big tech names dropped from the list.

facebook. linked in fell from number 3 to 23. twitter which came in second last year didn't even tcrack th top 50 this year. there were newcomers that weren't on the list those include f 5 networks beaus and espn. next year fox will be on the list. >> people who like their jobs. >> to fine the fox business network log on to foxbusiness.com/channel finder. >> coming up a crime spree comes to a smashing end. the real live door busters drove right through glass. >> a woman gets the tip of a lifetime. >> brian kilmeade with what's coming up on "fox & friends." >> as you know a huge show today. it is packed. you have the latest on the aftermath of the cia

interrogation report. we have jonathan gruber testifies yesterday did he actually explain himself in calling all of us stupid we will explain that and bring you the highlights. he was a contestant on celebrity prantis ian ziering. we will have one with a simulator. we will be joined with kimberly slatman of little big down stow will stop by. how to spoil your pet this holiday season. please put them outside during that segment you don't wantruin. throw in the animation go back to commercial. i will be back soon.

many people clean their dentures with toothpaste or plain water. and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope, we can see all the bacteria that still exists on the denture, and that bacteria multiplies very rapidly. that's why dentists recommend cleaning with polident everyday. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture everyday.

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does he even work here? don't listen to the naysayer. take the comcast business speed test. get faster speeds or more savings, or we'll give you $150. comcast business. built for business. welcome back. he stole a piece of a porsche paul walker was riding in when he died in a

fiery crash. now that man is going to jail. the 26-year-old will spend six months behind bars. in addition to jail time he gets three years of probation. his accomplice, a 19-year-old, got the same sentence. police caught the two after they bragged about their heist posting pictures of the stolen car parked on instagram. the witness who originally told police that michael brown put his hands up and said don't shoot just got a government job. dorian johnson, the city of st. louis's newest employee. the job which is listed as a temporary position pays about $8.50 an hour. grand jury documents show many variations about whether brown's hands were actually raised right before he was shot dead. >> a new dress code has montana lawmakers fuming. the women of the montana state house of representatives shocked to receive a memo detailing the way that they should dress. it includes rules on skirt lengths and necklines. the women who work there think that it suggests they

don't know how to dress appropriately themselves. >> an arkansas couple giving one waitress the ultimate tip. >> we've been watching. we decided that you need some [inaudible] >> you've got to be kidding me. >> merry christmas. >> no way! >> gary and roxanne giving cracker barrel waitress sin dri grady a new car. after realizing grady was working to support herself and her disabled son, the couple decided to do something special. this is her old car with a smashed window and tape to hold it together. the waitress says she is so thankful for the couple this christmas. >> the time is 53 minutes after the hour. you're supposed to give teachers ames -- apples but what one student gave his gets him in trouble. >> the story about the

worst passengers coming up.

it is three minutes till the top of the hour. before you leave the house, here's what's happening today, senate democrats release a scathing c.i.a. interrogation report calling the tactics

ineffective but former c.i.a. officials say they saved thousands of lives. let's keep talking about it. do interrogation techniques make our country safer? head to our facebook page to way in. oscar pistorius may face a new murder trial. a rule that prosecutors can appeal his manslaughter conviction and five-year sentence. a mother giving birth to a baby boy on a southwest flight packed with people before landing in los angeles. mom and baby doing just fine. >> time for the good, the bad, and the ugly. first the good. police in lowell, michigan, getting in the christmas spirit. drivers who think they are about to get a ticket are surprised with gifts. >> what? >> yeah. >> are you joking? oh my gosh, you're kidding me! i want to hug you! this just turned my bad day into a good one. >> am i getting it? i'm not getting a ticket.

>> i can give you one if you want. >> the officer said i know what they want for christmas and other officers ran in to surprise them with gifts. next the bad. two men ram a stolen jeep into this convenience store and steal the a.t.m. inside. one man was arrested the next day. the other suspect is still on the loose. the ugly. a baltimore teen in serious trouble after giving his teachers a brownie laced with mawrnl. -- marijuana. the 17-year-old told police he panicked while the teacher asked for the brownie during the class and he was hoping the teacher wouldn't know. >> time for your brew on these responses. a new survey on airplane etiquette revealing the most aggravating type of traveler is the seat kicker. >> we asked what annoyance you most when traveling? >> donna says when you get to your seat and somebody has used the overhead bin above your seat. the person who has to have the window seat and then

gets up every hour to go to the bathroom. gary writes reclining the seat in front of me always uncomfortable. thanks to everyone who responded. >> "fox & friends" starts right now. bye. good morning. it's wednesday, december 10. i'm ainsley earhardt filling in for elisabeth this morgt. a fox news alert, the senate releasing its c.i.a. report but first senator dianne feinstein apologizes for america. >> it shows that the c.i.a.'s actions a decade ago are a stain on our value and on our history. >> and this morning a new threat of home-grown terror. we are live from washington. >> and he can dish it out, but can mr. gruber take it? >> are you stupid? >> i don't think so, no. >> what a great question. jonathan gruber