>> it is friday december 12th. the house voting overnight to keep the lights on in dc. now it is up to the senate to avoid a shut down. but is a war waging between democrats? >> firing back america's chief making a speech defending the cia? >> this agency did a lot of things right during this time to keep the country strong and secure. >> fuelling our enemy. how the taliban is now vowing revenge. >> only 12 days until christmas.

would you rather shop until you drop or get a root canal? "fox & friends first" starts right now. >> good morning. you made it through the workweek. you are watching "fox & friends first". this is friday. yes it is. i am ainsley earhardt. >> i am heather childers. thank you for starting your day and ending your week with us. we have a deal, the house making an 1 # 1th hour vote on the $1.1 trillion deal. >> it is up to the senate to avoid a shut down. democrats waging a civil war

could hirnd the deal. >> republicans are celebrating house package of the $1.1 trillion spending bill that goes through 2015 with one exception the department of homeland security which was funded separately for only two months. that sets up a fight with the vote in congress. one senator threatening to potentially hold up the bill. she vehemently opposes a provision in the house version that weakens a portion of the dodd frank banking law. that allows banks to easily trade some kind of derivatives. >> why in the last minute as you head out the door as a spending bill must be passed are you making it a priority to do wall street's bidding? who do you work for, wall street

or the american people. >> that exposed a democratic rift with the white house. >> enormously disappointed whth the white house feels the only way to get a bill is to go along with this, that is the only reason they would say they would sign a bill for reducing tax payer risk. those are the words in the administration's statement. >> it is unclear whether a one-woman filibuster could result in a government shut down. if that happens democrats not republicans could likely in a rare first take the blame for such a shut down. heather, back to you. >> elizabeth warren is leading the charge for the government shut down. last year she slammed republicans for doing the same. >> we can avoid a government

shut down, but the republicans have received to do even no. these threats may continue but they are not working and they will never work because this is democracy. in a democracy, hostage tactics are the last resort for those who can't win their fight through elections for this right wing minority hostage taking is all they have left. >> well there is speculation senator warren's stance is setting up a 2016 presidential run. >> firing back on the wreckage. here is fox news chief intelligence correspondent katherine herridge. >> they would plunge us into a seemingly never more against a globally dispersed collection of terrorists with a murderous

agenda. >> he sited a key finding that the enhanced interrogation program also known as eit's did not provide substantive leaves in the decade long hunt for al qaeda leader. >> the information contained subs went to bit's from detainees that was useful in the operation. brennan offered a an assessment of the program and the connection of waterboarding including 9-11 architect khaled sheikh mohammed. >> the cause and effect relationship between the use of the eit's and useful information subsequently provided by the detainee is in my view unknownable. >> any sentiment of the current cia officers that the report had a fundamental flaw because they were not questioned. >> we fail to understand what was taking place at the time. >> it reflects the impasse of

the democratic and senate reports on the agency and its mission. >> this is a feature i think of our past and one that we have this come to terms with and deal with. this agency is determined to move forward. >> while not offering specifics the revelations were damaging and reinforced the view among american allies that we cannot be trusted. >> there are things that we do with our partner services under our authorities that we have forward action authorities and covert in something we were hoping was going to remain such. >> at cia headquarters katherine remember taher raj, fox news. the cia enhanced interrogation tactics are effective. schafer talking about the 2003 interrogation in afghanistan of a u.s. citizen who turned out to be the brother of a terrorist

enabler. schafer was saying it was sleep deprivation and isolation that gave them the valuable information. >> let me be clear on this. we hammered the heck out of his psychological fears. we coerced him psychologically. over a three-day period sleep deprivation by its own making isolation letting him have plan tee of time to think. in the end he was so broken we could tell he hadn't slept at all and everything we needed to know wam pouring out. he gave out that his brother worked for the iranian intelligence service that they moved over the border 75,000 dollars to fund the very insurgency we were trying to fight and most importantly he talked about how people were moved from iran into the united states. >> and fuel for the enemy in the wake of the cia report. vowing revenge on american forces. the terror group saying the report reveals the true face of america. this as the taliban takes

responsibility for a homicide bombing in cabkabul afghanistan. a woman accused of driving drunk and running down medians in historic herald square. immigration lawyer had a blood alcohol legal of .185 and had two crack pipes in her car. she was driving on a suspended license. 5 pedestrians were seriously injured. one woman remains in critical condition. her law license was suspended in 2011 suffered a broken pelvis. >> an amber alert a dramatic standoff coming to an end on a busy highway. a father accused of kidnapping her four boys under the age of 11 the police surround his car. two boys managed to escape two others rescued her after their father gets out of the carlens over the barrier and is tackled

to the ground. he is a person of interest in h his wife's murder. >> now to extreme weather. the west coast rocks by a pine avm express storm system. thousands without power. >> houses had to be rescued from their cars after being stuck in rising waters. others they skip the cars all together. they used kayaks to get around the streets. >> daredevils taking advantage of the 7 foot high waves there. maria molina is tracking this for us. >> extreme weather out west was one of the strong e storms we have seen across parts of california. you can see p on the radar a busy picture early this morning with areas of heavy rain around the san francisco area and regions further off toward the south. this is welcome as far as the rain goes. we have extreme drought conditions through california either under extreme drop conditions but the problem is we

are getting too much rain too quickly that will be the trend over the next several days. we are looking at yet again another storm system getting several inches of rainfall we are can laoing at more than 4 inches of rainfall in addition to what we already saw yesterday. flash flooding will continue to be a concern. high elevations we have winter storm warnings in effect. temperature wise across the country heather and ainsley take a look at this. not too bad across the center of the country. a little on the chilly side along the great lakes and the northeast. >> beautiful day on a friday. >> a 100 year shipwreck is now found. titanic of the golden gate the city of rio de janeiro sunk back in 1991 killing 128 of the 210 on board. salvagers hit by the wreckage had trouble pinpointing in the dark muddy water.

noah using thermal technology as part of the two-year study of the bay area shipwreck. >> a century's old time cap actually moved from the state house. this is interesting. a small strong box first placed back in 1795 by samuel and paul revere. it was unearthed again in 1855 but it hasn't seen the light of day since.e. curators at the museum of fine arts say they are not opening it until next week but they believe their coinsko; newspapers and t seal of the commonwealth tucked safely inside. >> 11 minutes after the top of the hour. the hollywood hack now hits the white house. the private e-mails turned public from big democratic voters. what they say about obama. >> santa is posing with an

ak-47. >> obamacare set up about the slurpe.

>> wake up sunshine. it is time to get your day going. it is friday. you made it through the workweek a shot of times square people out and about already. doing damage control out of new fallout from the massive hack attack. high powered producer and co-chair surfacing now exposing the hypocrisy of the liberal hollywood movie producers. the two democratic donors caught making racist jokes about the president and anna kooiman is

here with more. >> good morning ainsley and everybody at home. he was caught cratrash talking angelina jolie calling her a minimally talented spoiled brat. now new e-mails leaked between scott bruden and amy pascal show them making racist jokes over movies the president may like. according to buzz feed pascal add bruden for advise for going to an obama fundraiser. saying this, what should i ask the president at this stupid jeffery breakfast? brudin responding would he like to finance the movie. to that pascal replied should i ask him if he likes jengal. >> 12 years the movie that won best pictures at the oscars. rudin and pascal kept trading

movies with black actors like the butler and brudin added ride along i bet he likes kevin hart. rudin said i made remarks that were meant to be funny but in the cold light of day they were thoughtless and insensitive. pascal released this statement, although this was a private communication that was stolen i accept full responsibility for wúf' i wrote and apologize to everyone who was offended. the sony honcho cut a 5,000 dollar check for the president's reelection complain. scott rudin has donated 12,000 for democratic causes since 1992. >> thank you very much anna. >> is there a chance you might not be getting the calls from debt collectors. a federal judge ordered bank of america to pay a florida family $1 million after getting 700

robo calls in four years. a bank of america claims it was just trying to help the couple avoid foreclosure. >> how about an obamacare signup with your slurpe the healthcare law promoted at houses of 7-11's across the country. healthcare services teaming up with mobile payment company paying near me to get obamacare ads on your reteet. the company added customers without bank accounts to manage receipts for the cash payments. hhs saying these are target customers for obamacare. >> if ups found a way to cut costs and increase efficiency. jolene kent from our sister network fox business here now with this ingenious strategy. >> good morning, joe. >> good morning, heather. as you on-line shop you should know something about your de river ry person. they don't turn left. they end up wasting a lot of time and gas as drivers wait for traffic to clear.

instead routes are designed to be a series of right turns and they avoid backing up as well. they saved 10 million in gas over the last ten years and reduced carbon emissions drastically. >> they are reducing the cost of iphone and samsung galaxy by $50 it lasts[xñ until february. wal-mart hopes discounts on electronics will help them have a good quarter. guess which state is about to ta over take new york in population? it is sunny florida. florida will become the third biggest state in the country. of course it will eventually impact the state's economy and political influence. we are talking dow features for you down over 100 points. back to you guys. >> thank you very much, joe. to find joe you can log on to

foxbusiness.com/channel finder. it is 19 minutes after the top of the hour. no diet pills are needed. there is a game changer in the fight to be fixed. >> the hefty price tag for a pub date.

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huh. quickly find the season's hottest shows, huh. quickly find the season's hottest shows, with a handpicked collection all in one place. only from xfinity. >> getting the green light to legalize recreational marijuana use. the president saying congress shouldn't medal in something the voters already decided.

despite that backing, though, the white house says the president will sign the government spending bill for the small legislation to prevent the district from making recreational pot legal. the justice department -- the department of justice now allowing the drugs to grow marijuana. the same guidelines in the four states that have legalized the drugs. they cannot sell marijuana to minors or transport it to parts of the country where it is still ill legal. >> this can be the future of weight loss. researchers developing a new chemical that makes us all feel full so that we don't over eat. it uses fiber to create natural gas inside your gut so you don't feel hungry. in the study those who spripg el this chemical on their food is less likely to gain weight. it is not ready to be on store shelves just yet. >> wonder if it creates gas.

>> it is 24 minutes after the hour. time to brew on this. there are only 12 shopping days left until christmas. >> they are all gone. >> a new survey finds 1 in 3 americans would rather get a root canal than go and do that, christmas shopping. men older than 55 same for the folks down in the south. send comments over to you on facebook, twitter or send an e-mail to "foxfriendsfirst@foxnews.com. >> what do you think? >> i love shopping. christmas music, santa is in the mall. i love it all. >> i will send you to do mine. >> 25 after the top of the hour. coming up, what we have just learned about the number of jihadist killing in 30-days, the staggering numbers that are hard to believe. plus picking up a drink to stay warm this winter? better not.

we are de bunking the top cold weather myths. >> first on this day in history back in 1925 the motel inn the very first ever motel opens up in california. >> and the late legendary singer frank sinatra was born on this day in 1915. ♪

>> the trillion dollar baby. keeping the light on in dc but not before a battle brews between the democrats. >> i am disappointed the white house feels the only way to get a bill is to go along with this. >> is a democratic civil war on the horizon? >> they come crashing down as a

monster storm wallops and the worst is not over. maria molina is tracking all of it for us. >> meet the newest viral star. >> i am reporting at target, papa if you are watching your granddaughter, you need to watch your granddaughter. >> where this little girl stole the show coming up. "fox & friends first" continues right now. >> thank you so much for joining us. i am heather childers. we made it. >> i am ainsley earhardt. thank you for starting your day with us this morning. let's get right to the fox news alert. the house passing $1.1 trillion spending bill in the 11th hour.

>> now the bill is in the senate's hands. but a civil war between democrats could hinder a deal. doug luzader is live for us in washington with more details. good morning, doug. >> this was a nail biter up against the midnight deadline. many democrats were in open rebellion against the white house. >> why in the last minute when you head out the door and a spending bill must be passed are you making it a priority to do wall street's bidding. who do you work for? wall street or the american people? >> we shall fighting anybody who is lobbying to tell people to go for this bill. if the president is lobbying we don't like it and we are saying don't be intimidated anybody. >> democrats were concerned about a couple of provisions in this one that would allow banks to makes riskyer investments there's another matel involving

donor limits. many republicans were upset saying this was another massive spending bill making its way toward congress. the senate has to approve this they are up against a saturday did line. ainsley? >> doug luzader live for us this morning. thank you, doug. time for look who is talking. charles krauthammer saying the republicans aren't the ones in the civil war it is the democrats fighting each other. >> if you are a republican you should simply sit back and enjoy this. people have been talking about the great civil war among republicans. i say it's rubbish. the real war especially after this election is among the democrats and we are seeing in now and rebellion by house democrats led by nancy pelosi against the white house a rebellion by warren leaving the left wing should be party against the moderates and it is a great free for all. >> what do you think? let's keep talking about this. do you think this is the start of a democratic civil war.

head to the facebook page join in on the conversation at #keep talking. >> the cia director firing back against a highly critical senate report on interrogation methods. john brennan defending the agency and taking on democrats. here's fox news chief intelligence correspondent katherine herridge. >> it would plunge us into a seemingly never ending more against a globally dispersed collection of terrorists with a murderous agenda. >> john brennan had a senate intelligence committee report that the enhanced interrogation program also known as eit's did not provide substantive leads in the decade long hunt for the al qaeda leader and pakistan. >> it was information obtained subsequent to the application of bit's from the detainees that was useful in the bin laden operation. >> brennan offered a more nuance assessment of the program in connection of the waterboarding

operatives cal leighed sheikh mohammed and the information provided. >> the cause and effect relationship between the use of eit's and useful information subsequently provided by the detainee is in my view unknowable. >> the report had a fundamental flaw because they were never questioned. >> you lose the opportunity to really understand what was taking place at the time. >> the live news conference here at cia headquarters is undprentsed and reflects the impact of the senate reports on the agency and its mission. >> this is a feature i think of our past and one that we have to come to terms with and deal with. this agency is determined to move forward. >> while not offering specifics brennan said the revelations were damaging and reinforced the views among the american allies that we cannot be trusted. >> there are things that we do with partner services under our

authorities that we have authority and covert that they were going to remain such. >> katherine herridge, fox news. >> the other story we are following cruise ship tragedy three people are dead after a fire ignites on a luxury cruise liner. it was docked in saint luge shaw when the fire started inside the engine room killing a crew member and two contractors. over 600 passengers on board forced to evacuate. the remainder of the crews canceled. no word yet on what sparked the fire. >> three workers are killed on a dallas skyscraper fire. flames fell from the basement near the heating and air-conditioning unit. firefighters had a tough time getting down there because of the thick black smoke. when it finally cleared out the three contractors were found dead. investigators think an electrical problem might have smashed those flames. >> extreme weather blasting the west coast. check out this car in berkeley,

california completely submerged. >> some people didn't want to take any chances so they did this. they used kayaks to get around the flooded stream. >> this home washed away. crumbling right into the waves. just a few weeks ago this house was blocked from the beach. maria molina is here with more this weekend. >> hey maria. >> good morning. the storm system will be impacting parts of the rockies as we head into the weekend with snow. it will be welcome across the ski areas but across california we continue to track the areas of heavy rain. some of the higher elevations across sierra also picking up welcome snow paul fall there. this is welcome news. we continue to see most on a form of drought and the big chunk of it under the worst

category. we are expecting additional storm system to impact the west coast as we go toward the end of the week. we are expecting rainfall across much of the state. we have winter forecast in some of the higher elevations otherwise across the rest of the country temperature wise take a look at this across the center of the country not bad at all highs in the 60's as far north as rapid city but on the chilly side across the great lakes and northeast with highs in the 30's. let's head over to you. >> more trouble brewing in new jersey's so-called bridge gate scandal. federal investigators arrange for traffic trouble at the george washington bridge. those possible fraud charges considered federal crimes. >> hillary clinton could announce a presidential bid. sources close to clinton say right now she is weighing her

options and considering her next move. and that could include forming an official exploratory committee. clinton has paid speaking engagements speaking in march. critics say they will more than likely wait until it is over to make their announcement. >> lucky bidders will enjoy spirits with a highly spirited man timothy cardinal dolan the charity auction in new york. he offered a tour of old irish taverns and pubs around the east village which is a neighborhood in new york. two bidders take 70 grand each for their own personal tours with the cardinals. >> wow. >> 70 grand. >> well the time now is about 20 minutes until the top of the hour. coming up trouble off the ice. hockey players are used in injuries but the latest problem plaguing them can't be spent in a penalty box. >> plus hollywood hypocrisy. the sony hack now exposing what top democratic donors have to say about president obama.

>> and the dog at my homework is an actual experience for one kid.

: ♪ (holiday music is playing)

hey! i guess we're going to need a new santa

♪(the music builds to a climax.) more people are coming to audi than ever before. see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today. >> a new horrific report says jihadists killed over 500,000 people in over a month. there were 600 attacks across the country. that is roughly equivalent of the 9-11 attack happening over and over every day for a month. four countries aaccounting for 80 percent of the dead iraq, nigeria, syria and afghanistan. >> a walkout on capitol hill. more than 150 congressional

lawmakers protesting. some felt the staffers needed to take a stand. following the prayer they raised their hands in the please don't shoot pose. >> grand new fox news polls showing how americans really feel about race relations. 60 percent of voters believe race relations have gotten worse since president obama has taken office. when it comes to the president's they say he should be doing less. 66 percent of whites say he should be doing less and 66 percent of whites say the sa-- say the same. new fallouts from the massive hack attack at a major hollywood studio. more incriminating e-mails between a high powered pro cueser a -- producers and co-ch. two democratic donors caught making racist jokes about the

president. anna kooiman has more. >> he was caught trash talking ang nina jolie calling her a spoiled brat. now e-mails about scott brood den and amy pascal show them making potentially racist jokes over movies the president may like. according to buzz feed pascal asked brudin advice before going to an obama fundraiser pascal saying what should i ask the president at the stupid jeffery breakfast? brudin responding would he like to go to the movie -- finance movies. i doubt it. what they traded names like the butler and think like a man. he added ride along saying quote i bet he likes kevin hart.

both execs are apologizing. rudin said i made re, ma meant only to be funny but in the cold light of day they are thoughtless and senseless. >> although this was a private communication that was stolen i accept full responsibility for what i wrote and apologize to everyone who was offended. records show in 2011 the sony honcho cut a 5,000 dollar check for the president's reelection campaign. scott rudin gave 12,000 over the years to democratic causes. >> the group of moms from california trying to stay awake with their kids during the afternoon slump.

>> i am reporting at target, and papa if you aren't watching your granddaughter, you need to watch your granddaughter on the news. >> she is 6 years old and she stole the show during that interview at a houston target store. >> he might not be old enough to count, but he knows something strange is going on. >> this toddler clearly confused about the twin sisters. mom, dad, what is going on. >> so cute. >> it only just begins. >> the time is 15 minutes until the top of the hour. grab the guns and grab the kids. where santa is posing with kids and ak-47's.

>> the latest legal move against her parents. >> if you don't like any of these pop ticks we will get rid of them ladies. pay attention. "fox & friends" straight ahead. the cia's interrogation reports threatens live we hear from him live this morning. chris wallace will be here. sugar on the brain. foods that actually make you hungry. can you say lucky charms? we will show you which one. trace adkins he is tall and he can sing. throw the animation and put up reverse mortgage commercial. thank you for being my hero and my dad. military families are uniquely thankful for many things, the legacy of usaa auto insurance could be one of them.

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an outbreak hitting the n. homosexuality l. nine players on four teams sidelined. the minnesota wilds hit with the most cases. the new york rangers and anaheim ducks affected. team doctors offering booster shots. mumps are rare in the u.s. because now children are vaccinated. the frederick douglass high school football team's dream of going to state championship officially over. a judge refusing to intervene in the outcome of the 3a final quarter game. the losers asking for a second chance after referees botched a call in the last two minute. the judge says he cannot rule on the game since no laws were broken. it may be cold outside but santa is packing heat. a georgia gun range is inviting families to bring their weapons and pose with santa claus this weekend. the sandy springs gun club will allow ak-47's, pistol or assault rifle.

the guns cannot be loaded and only those over the age of 18 will be allowed to hold them. children under 12 will not be allowed into the range at all. >> a rare weather phenomenon caught on camera. this is the grand canyon blanketed with fog. it is a total cloud conversion. weather experts say it only happens once every few years and won't last long. it is expected to clear out within the next few days. >> that's very cool. >> now for your 5@5:00. with the snow in the east, rain in the west and what ainsley was showing us, winter is here. we're debunking the top winter myths. up first it is too cold to snow. snowflakes can form at any temperature below freezing. salt melts ice is not true. and lightning doesn't strike the same place or the same person twice.

it can and it has. and you lose more heat through your head. actually your head emiss the same amount of heat as our parts of your body. finally, brandy doesn't warm your body temperature. alcohol minimizes blood throw to your skin and actually lowers the temperature so don't do that. seven minutes till the top of the hour. choosing the chair. more than 30% of americans say they will pick a root canal over christmas shopping. >> why the dog ate my homework is a real excuse for one kid. ♪

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three minutes till the top of the hour. before you leave the house, here's what's happening today, it is up to the senate to pass a $1 trillion spending bill to keep the government open. the house passed the plan late last night despite a democratic uprising. let's keep talking about this. is this the start of a civil war within the democratic party? log on to "fox & friends first" facebook page right now for a live debate. the taliban vowing revenge on american forces in the wake of the c.i.a. report on interrogation tactics. the terror group saying that it -- quote -- "reveals the true face of america." the west coast is getting what could by --

getting hit by the pine apple express storm. the storm blamed for two deaths in oregon. >> time for the good, the bad, and the ugly. first the good. a soldier giving his family a surprise at a hockey game just in time for christmas. >> i have a feeling this might -- [inaudible] >> home early for the holidays! >> that's awesome. the emotional homecoming was the first time that sergeant first class robert vandenberg jr. ever met his son travis. stay tuned because this entire family will be on "fox & friends" coming up at 6:50. next the bad. the dog really did eat the homework. this pooch ate its owner's

history project and he had to have emergency surgery. but he's doing just fine right now. finally the ugly. the new jersey woman who sued her parents to pay her $16,000 a year college tuition and won is taking them to court again. 21-year-old katelyn says her divorced parents should be held in contempt because they won't pay the money. she wants them fined $100 a day. >> now it is time for your brew on this responses which is with 12 days left before the christmas those surveyed said they would rather get a root canal rather than go christmas shopping. what would you do? dimitri said i hate christmas shopping. i loathe it but would i rather get a root canal? heck no.

>> david on twitter says i hate to say it but i would refer a root canal by my dentist. what can i say? he's a great dentist. >> thanks to everyone who responded. happy friday. have fun at the christmas party. see you monday. >> bye. good morning. it is friday, december 12. i'm elisabeth hasselbeck. just before falling off the fiscal cliff at midnight, the house voted to keep the government running despite nancy pelosi's best efforts to shut it down. >> i'm enormously disappointed that the white house feels that the only way they can get a bill is to go along with this. >> and she's not the only democrat turning her back on the president. we are live from washington straight ahead. >> meanwhile in an unprecedented live response to the democrats' torture report, the head of the c.i.a. defies the president and defends his agency. >> it