in the sun. >> that plane and passengers made it to sydney eight hours late. >> this is why you need to take the train. >> see you back in an hour. >> "outnumbered" starts right now. this is "outnumbered" and i am andrea and here today is harris faulkner, elizabeth mcdonald is back and today's #is one lucky guy and former prosecutor and veteran defense attorney. mark. and mark you are outnumbered again. >> that is the story of my life. kids outnumber me at home and at court. this is the best time. weather to join us on the couch. >> what's going on out there?

>> it's new york, it's winter time. >> it's the holiday season. >> that's the time it's okay for it to be cold. >> we've got a lot of great legal stories. holiday party, we're going to get your advice on that, but first straight to politics. congress narrowly avoiding a government shutdown after a dramatic vote last night, approving a $1 trillion spending bill to keep the government open through september, but it almost didn't happen as two of the most influential leaders in congress split from the white house over provisions in the bill to roll back regulations on wall street and ease campaign finance laws. here's house minority leader nancy pelosi. >> this is a ransom, this is blackmail. you don't get a bill unless wall street gets its taxpayer coverage. i'm enormously disappointed that the white house feels that the only way they can get a bill is to go along with this. >> the senate could vote this

afternoon, but democrat elizabeth warren of massachusetts, a favorite of liberals, had this to say about it last night. >> a vote for the bill is a vote for future taxpayer bailouts of wall street. republicans, democrats and independents, they sent us here to stand up for them, to stand up for taxpayers, to protect the economy. it is time for all of us to stand up and fight. >> pelosi and warren's break from the white house catching the eye of syndicated columnist charles krauthammer who says we could be seeing a growing rift within the democratic party. >> if you're a republican, you should simply sit back and enjoy in this. people have been talking about the great civil war among republicans. i've argued that it's rubbish. the real civil war, especially after this election, is among the democrats, and we're seeing it now. a rebellion by house democrats led by nancy pelosi against the white house, a rebellion by

warren leading the left-wing faction of the party against the moderates, and it's a great free-for-all. >> but republicans also have their troubles with some conservatives angry that their party didn't use the spending bill to try to block president obama's executive actions on immigration. now, i want to go to you first, mark, on the dem-on-dem violence. [laughter] sit back, grab some popcorn, watch it happen because it's so rare to see pelosi and elizabeth warren at odds with a progressive president. >> well, there's nothing wrong if you're a republican, that's wonderful news. but this is no big surprise that people are not getting along. i've heard complaints that the democrats say obama's like that guy in high school who came over and said, look, i'm counting on your support for student body president, and you're like, who the hell are you? you don't make me feel good, and now you want something? their complaint is you don't want until there's a big crisis to then ask for my support for something. >> yeah. jedediah, i want to go to you on

the split in the democratic party. >> yeah. >> if you could address the hypocrisy, because nancy pelosi's the one who brokered this bill, so it's a bit disingenuous for her to say these things. but elizabeth warren, as a conservative i can even recognize what she did last night was a stroke of brilliance. she took a popular issue and said i'm not going to let congress bail out these big banks like jpmorgan. that is a winning issue, especially if she wants to run for president. >> and that is her issue, right? taking on wall street. she's going to have to, if she runs, she's going to have to put herself against hillary clinton who everybody is always saying, oh, she's an ally of wall street. someone in the democrat party has to appeal to the far left-wing base. that person is elizabeth warren. she's considered the populist of the democrats. i'm not surprised she did that. it shows me she's a lot more politically savvy than i gave her credit for. i do think it's interesting, though, that nobody in the media is calling elizabeth warren a hostage taker the way they

called ted cruz. they are being labeled heroes for something. when republicans were digging their heels in, when mike lee and ted cruz were doing this, they were bringing down the government. have some consistency, media, it's the same thing. >> our business expert on the couch, e. mac. without getting buried in the details of high risk derivatives and what republicans and democrats allow them to do, i'm a little disappointed that republicans would allow the big banks to take risks on things like derivatives that were banned in dodd-frank, just a 30,000-foot opinion where you stand. this is not something that people favor, bailing out big banks, and republicans got onboard with a lot of democrats to do this, and i'm pretty upset this morning. >> at this point elizabeth warren is standing up for the taxpayer and the bank depositors. she's saying big banks, stick your derivatives trading in a separate unit, do not use deposits to back up your risky casino bets. this is an interesting point, this is a shot across the bow at hillary clinton because bill clinton signed into law the

glass-steagall repeal act which basically got rid of the wall between the casinos and the bank deposits. so that's a big issue that hillary clinton is going to have to deal with. but with senator warren the thing with her is a distortion feel. elizabeth warren is always, you know, talking about the little guy. i would like to hear elizabeth warren talk about the small business little guy who does the most hiring of the little guys in this country. >> she's the queen of -- >> sets herself apart from hillary clinton, because she already has said on the record -- although she clarified -- she doesn't think that little guy is bidding jobs. >> she's the queen of you didn't build that. what we did, harris, we've got to call her on this, she also was anti-government shutdown when republicans wanted to do it, but pro-government shutdown when it suited her last night. >> yeah. you know, i didn't actually hear her say the word shutdown. what she said was, let's fight. the timing was interesting because i sent around to our team last night an e-mail from our chief white house

correspondent ed henry that said, hey, look, i'm witnessing this right now, an official telling us the president and the vice president are calling around to house democrats trying to scare up votes. then you have a senator, right, across the chamber saying, hey, look, it's time to fight. i mean, it's interesting what's happening not just warren versus hillary clinton, but the split within the democrat party where would they be listening to elizabeth warren? >> yeah, can i -- >> the basis. >> so i hear they passed this big spending will. i do what most americans do, what does this mean for me and my family? how do i get benefited from this? >> you don't. this is a terrible bill. >> well, i immediately go, okay, wait, i don't own any horses, no tax breaks for me, no film production companies, no tax breaks there. i don't own a nascar team. why am i happy today? >> and it also funds obamacare, it funds obama's executive action on immigration which is why when i was watching twitter, i was watching conservatives, and they were saying, hold on a

second, how many times do we have to elect republicans to defund obamacare before you start doing something to defund obamacare? they could have waited for that new congress to roll in and done something really proactive to show that they are listening to voters. >> people feel like there's no real difference between republican establishment candidates and democratic establishment candidates. and members of congress. they have all bled into one, and that's why they call it the crony capitalism. >> can yeah. i know how you felt about yet a new name. i just wanted to go out and start my holiday party early. [laughter] please, would you stop with the names? [laughter] the thing is the storyline coming out right now for the gop is we wanted to clear the decks. we wanted to get the spending bill behind us for when we take control of the congress and maybe dial back on some of these provisions. wow, that's a hell of a gamble. i don't know if the american people when they see $18 trillion in the u.s. federal deficit and $1 trillion in

interest costs on that debt by 2024 coming down which means our taxes go up to pay for it. >> if that's the case, though, why did 67 republicans vote against it? why did it take all those phone calls and the president putting his skin in the game to basically put him on the same page as speaker boehner? they were both shooting for the same thing. >> should the star people -- [laughter] republicans are the problem. john boehner is working with barack obama towards some of the same causes. you're supposed to be fighting for limited government, you're supposed to be defunding obamacare, you're supposed to be standing up against this executive overreach. conservatives are not happy, and they're going to need conservatives if they want to win presidential elections. when are they going to get the memo? >> it's disappointing that when republicans do actually stand up, the culture and the media is not on their side, so they get painted asback coes, ted cruz, they -- whackos. when democrats do it, they're heroes because they're afraid of

shutting down the government because they know the -- >> remember liz -- >> and the culture doesn't support it. >> elizabeth warren last year shutting down the government, quote, anarchy. >> oh, the hypocrisy of the season. [laughter] a new report is out showing just 20% of college students who say that they've been sexually assaulted actually go to the police. how that could make it harder for those who are accused to we've got mark on that. with activists calling for safer campuses, where do we draw the line? plus, it's one thing for wellness programs to offer incentives to employees who want to improve their health, but now growing concerns that people could face financial penalties if they and even their spouses don't get to the gym. so is it league? >> all right, let's get -- [inaudible] ♪ ♪ ♪ hi. i'm new ensure active clear protein drink. >>clear huh? i'm not juice or fancy water. i've got 8 grams of protein. new ensure active clear protein. 8 grams protein. zero fat.

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to lower the burden of proof in sexual assault cases. the goal is to make victims feel comfortable going to the cops. but critics on both the left and the right say this makes it harder for the accused to defend themselves, a chance they personal were not given by rolling stone. mark, talk to me about how this actually plays out in a courtroom setting and on the legal end. >> okay. first of all, i prosecute it, and i currently defend a number of these cases. if you like cuba's justice system where you're guilty until proven innocent, then this is wonderful news. things need to change. there are too many people who have been brutalized that are not coming forward. i'm all in favor of that. but then to lower the burden of proof so that someone who maybe did something, who definitely, 100% probably might have done something all of a sudden finds himself either stripped of his liberty or thrown off campus. that we can't have. >> so how do you protect the civil liberties of these people, these potentially false -- people who may be falsely accused but at the same time encourage women who are finding themselves in difficult

situations to come forward? we don't want to make it harder for them, but we also want the protect the civil rights of these potential people who may not have done anything wrong. >> it starts with changing the climate on these campuses. who are they reporting to? is it those people that i passed on campus back in the day who i wouldn't give the time to, or are they people who have been trained in how to embrace those who have been victimized, take the next step, pull people in and say you will be believed. the first words that come out of that person's mouth, what they say is critical, that could cause the girl to go running away. >> mark, i just want to ask, you know, we've learned that the department of education is now getting involved, and this is something the administration is taking a larger role in, putting pressure on universities to lower these burdens of proof. and so the universities are reacting in a way that's, uh-oh, we have the eye of the big government watching us, we don't want to do anything wrong. i've talked to a lot of parents, and they say my son guilty before he even walks on that campus. >> right.

>> also i talked to a university president, a liberal female, and she said i tell my friends when their sons go to these colleges, if they're ever accused of anything, transfer the next day. just get out of there. >> oh, my goodness. >> as a lawyer and as a father, to parents out there of boys and of girls, what is your advice? >> first and foremost, if you're ever accused of anything, don't do what you think you're supposed to do. sit down and talk. you don't do that, okay? it doesn't mean that you look guilty, it means, hold on, they're accusing me of something. i've done nothing wrong. they'll then bastardize what they think i said, write down only the stuff that serves them well and somehow get me in kangaroo court. don't talk, call me. >> harris, what about this notion of due process? does it concern that some are seemingly willing to throw that out the door? we don't want to undervalue the fact that this is going on the, that it is a sin that 20% of these assaulted college students are not coming forward. but we need due process in this

country. >> you know what i'm really curious about, and i want to get your expertise about this, mark, i'm very concerned about it spreading. it's one thing for the department of education to tell universities which are in some, you know, places getting a lot of money from the federal government -- >> yep. >> -- what to do, what not to do, but when i see somebody like a rolling stone editor not make good decisions about good journalism, are they loring their bar for -- lowering their bar as well? if that spreads, you know, we're lucky in this instance that the people who, this jackie had pointed fingers to were not named in that early. >> yeah. >> if i'm an attorney, i'm bond oring am i trying to triangulate to see if there's any language in that article? >> harris, a series of really great points. clearly, rolling stone dropped the ball. where are the editors to say, wait a second, you want to ask the other side? there are two sides to every story. the other thing is you don't lower the burden of proof, you increase your gathering of evidence, you increase the way -- the efficiency of

gathering evidence shortly after someone makes an accusation. that's it. you don't lower the burden of proof. >> does this fraternity have a case against rolling stone? >> if they have been harmed and they can prove they've been harmed, i think so. >> well, and what about the fraternities, though, that are being told they cannot operate in the regular fashion? they're trying to appeal that so they can open their doors as they have before. >> anyone can sue anyone for anything. it's fairly difficult. if they can show they've been harmed as a direct result of what i consider to be shoddy journalism at best, then let 'em win some money. >> e. mac, what about the state of journalism here? has there been a lesson learned? a lot of reporters have been appalled that they didn't do proper investigating. is there some hope that people will wake up and realize you do not run a story like this? >> yeah, it's a great question. listen, campus rape is awful, we really feel for the victims, we want to protect our female students, and it's a serious issue.

but, no, i don't think it's changed. the thing is, i didn't see any resignations at rolling stone, and i didn't see a really good mea culpa there because of how they mishandled it. and the other part of this story, and this is a real serious issue, who adjudicates these campus rape cases at the campus level? it's usually these administrative panels with teachers or campus bookstore guy who sits on these panels, no legal defense, no right to cross-examine. in other words, they don't go to the police, they leave it up to these amateur tribunals, and so that's an issue -- >> that doesn't even sound like america. >> no, it doesn't. and due process in network is imperative. well, a majority of american voters want congress to keep investigating the terror attack in benghazi that killed four americans. who they want to hear testimony there the most and why. also there's word former secretary of state hillary clinton may delay a formal announcement of a white house run. why she might wait until the spring, and whether that could actually hurt her party, coming

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♪ ♪ >> this is "outnumbered," we're glad you're with us. new fox news polling on the attack in benghazi, libya, shows americans still want answers about what happened that september night two years ago, and they want the white house staff involved to testify under oath to. 58% of voters want the investigation to continue until somebody is held accountable. another 60% say they think the obama administration tried to cover things up in the aftermath of the attack. meanwhile, benghazi select committee chairman trey gowdy wants former secretary of state hillary clinton to testify once again. mark, you're an attorney. if she gets up there to testify, what's the first thing you'd ask her. >> what the hell happened? >> that's simple. you don't think we know enough, i know you feel that way -- >> here's what i don't understand, whether we've asked all the questions and we just don't have the answer and we'll never get the right answers, or

the right questions have not been asked by the right people, and if they just ask what happened next and what happened like i conduct depositions, we'll finally know. >> why do you think we don't know yet? >> i don't know that all the right questions have been asked in the specific way that they should be asked. >> all right. you know, andrea, i've heard you talk about leave no american behind, and that's how we operate as a country, that's how our military operates. the overarching question is accountability for leaving americans behind. we have them up on the screen now, those men who died that night. >> that's right. and if you've watched the excellent special that bret baier did on that fateful night, the men who were involved in benghazi, they don't feel like justice was served. and if you read the reporting that's been done by adam houseley and jennifer griffin that have stayed on this story, the united states of america has never left anyone behind. and so the answers to that question is what i want to know. the man who was manning the desk that night at the white house. we have not heard from him. he's left the white house.

he's in retirement now. what happened that night that they were fighting for hours and got no backup? we have never done that before. the standdown order. i mean, as i understand it, president obama went to sleep, hillary clinton and leon panetta said we've got this one, but we have never left our men and women behind, and those men went in themselves to try and save them. why did we do it that night, and i think we still are owed that answer. >> jedediah, talk to me about the politics. was critics will -- because critics will say republicans are playing politics. but you saw that poll, people come from every scope of life. >> and democrats want answers. 36% of democrats feel that the white house is covering this up. 70% of people overall, democrats, republicans, wherever you stand, think that barack obama should direct all white house staff to testify. that means that hillary clinton has to get up and explain what she was doing hour by hour. look, there's a leadership vacuum in this white house. people want accountability, and if hillary clinton intends to run for president, i want to

know exactly what she was doing that owl whole night -- that whole night, whether or not she was talking to the white house. you can't run on a platform of being a solid leader if when one of the really serious times that we needed you sitting this and following things and not spewing some nonsensical talking points that worked out to be false, you were nowhere to be found. >> that proverbial three a.m. phone call that was in her campaign ads -- >> exactly. >> elizabeth, what's your thought on the push for this and where the american people stand? >> well, nearly four in ten democrats, according to this poll, are saying congress should continue looking into benghazi., he is saying he may have a series of hearings january, february, march, and the question is will hillary clinton be called in to testify. because, you know, she made that comment what difference does it make? will this come back and be a problem for hillary clinton? it looks like the answer is, yes. do the american people feel like thrz resolution to this story? the answer is, likely, no.

>> do we think that the purpose of this is to make hillary look bad -- >> hillary made herself look bad. >> or, and in that case, i'm not interested. if it's we need to learn from this so it doesn't happen again -- >> that'll be, that'll be the unfortunate distraction, calling it a partisan witch hunt. no, it's not about a partisan witch hunt, it's about getting to the bottom of a story that andrea rightfully says when in history have we left our guys -- >> and questions about mike rogers, because he put out that report recently. and some republicans on the committee are very unhappy with him. they have questions. he said, oh, nothing happened here, nothing to see here. no republicans endorsed it. wasn't his wife doing some consulting on security on ground at the time? this isn't just a partisan issue. and it is an issue now because the state department just this week, and we talked about this a couple days ago, harris, reported that our embassies are still not secure. so in the wake of the torture memo, have we learned anything? >> specifically is the assets

that are being looked after extra carefully this week in the aftermath of releasing that senate intelligence report on torture. they were listed, our embassy, our consulates, our diplomatic outposts. if for no other reason than right now, the story has changed. going back up and giving more answers is pertinent to what's happening presently. >> and i'll sign off on it. i'm okay with it. >> well, good. >> let's go! >> the party can start. meantime, it looks like hillary clinton could delay announcing a presidential bid. the former secretary of state is reportedly planning on making a formal announcement in the spring of 2015. "the washington post" reporting she'll likely hold off until sometime after march. last time around she jumped into the race in january. all righty, mark, hillary clinton delaying the announcement -- >> listen to me. there are very few things -- number one, i love my wife and my children unconditionally. i love you, baby, i do.

number two, the ymca dance is a lot harder to do in chinese -- [laughter] >> never thought about that. >> and hillary clinton is running for presidency, this coy act, i am done with! let's go, make the announcement. >> maybe you make the heart grow fonder if you pretend like you're hard to get. look at elizabeth warren stepping up, i mean, that's not something hillary clinton can really do right now. >> no. it also doesn't benefit her, i think, to be the front runner or any potential front runner, because then everyone's taking shots at you. it's better to wait. >> yeah. >> maybe, elizabeth, she's just waiting because she wants to see how this plays out. i'd guess her husband is looking at the polls because he won't let her run if she can't win. >> there's a danger, though, because remember hillary clinton was faulted for not having the field operate up and running the last time she ran, right? that she had a really weak on the ground field operations. so the longer you delay, the longer you don't have that

apparatus to get the vote out for you. and what's the proof that hillary clinton is delaying? they looked at it and said, well, she's still giving paid speeches up until, through march. when you run for the president, you have to cancel paid speeches. >> well, they were broke when they left the white house -- [laughter] >> you know, i don't know if you had a chance, there were a lot of blogs out there writing about this, i know salon.com wrote something about the inevitability factor and how that can hurt you as a candidate, but there's one thing that is factual, and if you look back at the polling for hillary clinton, her negatives are still so strong in that disapproval category for voters and different types of polling, you're asked the question, do you like her -- >> i'll jump in quickly. when hillary clinton, unfortunately, when she doesn't talk her poll ratings go up, and the inverse happens when she is talking -- >> and i've read that based on memory of when she and her husband were in the white house together, when she speak, it's based on -- >> however, jedediah, her polling was very low when they

left the white house, remember? she was a very hated first lady. but to her credit, and you have to give her credit, when she ran for senate in new york, she was able to turn those unfavorables into a positive mainly. she played the victim, but she still was able to run and become a very popular senator. >> i think she makes a lot of mistakes, and i think she knows it. being out there on this book tour was an opportunity for her to realize, hold on a second, i have to be more careful, and anyone who's handling her knows she's making boo-boos. they don't want her getting questions about benghazi, about these missteps she's already made, and plus it gives her more time and a lot of people who may potentially step in, elizabeth warren, now they may have to wait based on what hillary does. >> so you agree she's under the microscope now, but the minute she makes the announcement, things change, don't they? >> well, i think even on the republican side no candidate wants to be the front runner. they're like, no, no, no, i'm

not running. [laughter] they do not want to be in the center of that bull's eye, and she's the same way. >> i'm still hoping for joe biden. i'm holding out hope. come on, joe. >> oh, president biden. [laughter] >> that'd be the greatest -- >> stimulus act for journalists. >> it's the worst storm system to hit the west coast in years, thanks to something called the pineapple express. this thing is strong enough to knock homes right off their foundation. wow. plus, the battle over wellness programs in the workplace. can bosses go beyond offering employees financial incentives and force you to take those booty barre classes? [laughter] ♪ ♪ your spouse do them too? [ fishing rod casting line, marching band playing ] your spouse do them too?

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welcome back for the third time this year the federal government is filing a federal lawsuit targeting companies at programs that promote wellness in the work place. the president's law encourages such programs but the equal employment opportunity commission says one new jersey company, and it is a big one, is not volunitary. it is asking employees and spouses to get screened for blood pressure, nicotine use, and body mass index which checks for fat and it could cost up to $4,000 per sccouple. here is the deal. the health reform law says get

this -- it penalizes companies for not having the right wellness program. then we have the eeoc saying it seems like we didn't read the law. we will sue honey well because you cannot force employees according to the americans with disability act. it has to be voluntary. >> you know once the government takes control of the health care they will do what they can. fox news, if you are listening, i would love you to pickup my workout plans. my booty bar classes -- you know i love them. >> this is like one hand of the government doesn't know what the other hand is doing >> that should not be surprising. >> this seems unfair.

what if you cannot physically participate in this? some employees benefit, some are punished, and it will not be equal. >> it will not last. it is unlawful. >> you are saying the health care reform law is unlawful to penalize companies for such? >> you cannot mandate my wife measure her weight and say it is on a volunteer bases. >> this is people that don't work for the company. they are married to someone so they are subject to this now? >> no, the employees themselves. you cannot do that. >> it looks like someone in government was too stupid to read the law. >> you are the person in government harris faulkner do you want to break in?

>> we are the were ones. >> what happens when someone gets a high cholesterol reading? what is the penalty? >> they have to go to your booty bar class. >> this gives the employer more grounds to fire you. you see what i am saying? you don't want to participate in this and you don't want to sweat to the oldies at work. >> i do. and i should keep that on the inside. can they fire you if you say no. >> can an employee say we got the results back, how often are you eating the twinkies? >> there was a penalty for not having the wellness program and i am thinking are there not bigger issues like hacks into the system? >> it isn't penalties for the

companies, it is penalties for the employer. if they refuse to be part of it they have to they a $500 surcharge. and they have to pay for the honey well campaign. that is insane. >> can they slide the scale up to ending the employment? is there a cap on the penalty is the question i want to know. >> and think about what they are doing. the government is making bosses become like the gym guy when they are supposed to be running businesses and not tracking our body weight. it is intrusive. >> prices at the price pump going down. one gas station in texas is dropping it down to $2. what is behind the trend and how long will it last?

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more "outnumbered" in just a mome but let's go to jon scott on the second hour of "happening now." we cannot wait. >> we are on the cusp. stocks taking a hit with the dow down almost 200 points as oil continues to fall trading below 60 buck as barrel. that is good news for consumers but could provide warning on a slowing economy. we are waiting for action on the 1.1 trillion spending bill passed in the house. power outages in california and mudslides up and down the state. we will have an update on

"happening now" next. we have another lawsuit in the national football league. this time by the women who pump up the crowd by the buffalo bills. the buffalo jills risk frosty fingers on sunday and do it all for nothing because they are not getting paid. the cheerleaders get appearance fees but two say they are expected to pay for doing the flips. they are saying they have to perform exercises to see if flesh jiggled. these are not standard things. do they have a case? >> they signed off on the

contracts they should have known. >> this stuff is crazy. they were held accountable even though there was a party between them. >> the case is proceeding to trial i heard. they are not making anything. throw a couple dollars at them and they will be happy. >> what about not doing backstands or cart wheels because men might oogle their body? what are you there for? >> h is this different? >> the issue of these excursions

with middle age men watching them do back flips. are they afraid if they got out, aren't you afraid of how you will be viewed? this isn't good public relations >> i wonder why they are not written like nfl contracts. some of these are the same lawyers. why don't they have third party arbitration? i don't want to compare other elements going on so i want to be careful. >> other teams are getting sued by their cheerleaders. i think the jills have a case. the bills make about $200 million a year.

>> i suspect their lawyer is lining up from a the pr value and they will get a nice contingent. >> they might get a date! >> isn't it true there are hundreds of women that try out to audition? >> they used to do movie on one and i was asking about the idea. do you see forecasting down the road cheerleaders unions could form? >> kids sitting on santa's lap,

okay. a secretary sitting on their bosses lap when he is dressed like sanat these a is not okay. why you might want to get lawyered up before going out to the holiday party. .... .... .... .... ...

♪ ♪ >> it's office party time and you all know what that means. you are dressed up and the intern going too wild playing beer pong like a champion and flirting with your secretary, not me. new years hr meeting and we have a serious and meaningful discussion going o. andrea, first? are the rumors true. >> about? >> go ahead. we are talking about office parties and go ahead. >> i'm nervous now. and you went to me first. i say two drink minimum. >> maximum?

>> sorry. there you go! i love you, i can't let you go down like that. i am a good time in a santa hat. i do not over imbibe with my co-worker ares and i turn this to you, mark, you must have great stories about cases that involved to which alcohol? >> i did go to a holiday party and my buddy said there would be dancers there and i said it is not good. and in walks cinnamon and amber and to loadia and i said this is not good. this is not good. they danced and it was inprop. and the line on of the night said i think cinnamon really likes me. you have any? >> i was really young and took a job in a insurance and watched

a ceo twerking and getting down on the floor. and? people bring a rule of bringing spouse or partner and that brings them in line. >> objection! and what about doing away with the parties. they are a recipe of a disaster. >> i love the co-worker who starting to strip down to his underwear and grinning on the ceo's wife. are companies liable for those kinds of things a little bit? have you seen cases where that happen? >> of course. it is a case where you read and say this can't be true. you can't imagine people would do something like that. harris, any thoughts? >> right out of college i worked in a car wash in los angeles. and that's it, that's all i got.

>> we can handle the truth, harris. >> yeah, it is friday. we are back on monday, noon eastern and "happening now" starts right now, have a great one! >> no dancers in the "happening now" party starting in a couple of hours from now. the wall street numbers are plunging and the dow- jones dropping 200 points and that is almost in a year and we are covering all of the news "happening now". torrential rains and toppling homes and forcing emergency water rescues. and the west coast still hammered by strong storms, is there any end in sight? planning for the worst and hoping for the best and we got closer to the worse right now. plus, the stunning admission by a witness for the prosecutions in the jodi arias cas