i hope you have enjoyed it and are learning to be more of a healthy you. a fox news alert. there will be no government shutdown tonight. the senate has just passed a five-day temporary spending bill to fund the government through midnight wednesday. hel lo hello, everyone. the new developments just within the past 30 minutes or so coming out of today's rare saturday session in the senate, but they're still trying to hammer out a $1.1 trillion spending deal. right now there's not a lot of movement. as it stands, a procedural vote on the bipartisan legislation is expected in a matter of hours. actually, they have that, but unless -- that's going to happen about 1:00 a.m. eastern time unless a deal with be made before then which is what we

apparently areneding understand happening here. it's by no means a done deal. we're going to bring in mike emanuel. you have more on this developing story. tell us what's going on, mike. there is a deal that has been made but it's not a sealed deal yet, if you will, right? >> reporter: arthel, what they did was pass a short-term government funding extension. right now the government is running out of money late night tonight. so the house as a precaution passed a measure to extend money to wednesday night, through wednesday night to give the senate more time. so in the last 30 minutes or so, senate majority leader harry reid brought up that piece of legislation, it quickly passed. it's been a very tense day here, a rare saturday session, and senator reid sounded off earlier. >> regrettably a small group of senate republicans has determined it's in their political interests to hold this

legislation 7rbiyhostage. i remind everyone at 12:00 midnight, 12:00 a.m., the united states government tonight runs out of money. >> let's take a live look at the senate floor which has been buzzing with activity during a rare saturday vote-orama. reid has been using this time to start the process of moving forward with a variety of president obama's nominees. the trillion dollar-plus government funding package, which is temporary stalled, passed the house thursday, would only fund homeland security through february. but some key conservatives are pushing to do more about president obama's executive action on immigration now. >> every senator in this body should be put on record whether he or she believes that it's constitutional for a president to disregard, to ignore federal immigration laws and grant blanket amnesty to millions in

defiance of the laws on the books and the voters. >> so bottom line, there will not be a government shutdown late night tonight. the senate has done its work to extend that to wednesday night. the question is when they will vote on this $1.1 trillion mega package to fund the government. most of the government through the end of september. it looks like a procedural vote could come up around 1:00 a.m. late night tonight, tomorrow morning. and then a final vote could come up monday, and so -- but it's a very fluid situation with a lot of folks feeling very tense right now. >> very fluid, very tense, and that procedural vote you're talking 1:00 a.m. eastern. it's 4:33 eastern. any possibility that they can actually seal the deal before then? >> reporter: they could. you know, they are all here. a lot of them don't want to be here. they were, you know -- particularly those who lost or retired were making other plans this weekend. so they weren't going to be here, but the question is whether they can strike some sort of a deal to have those who are unhappy with the bill come along to say let's vote now, let's get this going, and we can

discuss immigration and other issues down the road. >> exactly. okay. mike emanuel, thank you so much and i want to explain that, of course, as you know, you have been following this story, the impasse revealing a growing rift between leaders of both parties and their more extreme members. now, this was all but a done deal last night. that is until conservative senators ted cruz and mike lee went against mitch mcconnell and delayed the vote in a move mcconnell says, well, it caught him by surprise. meanwhile, on the democratic side, massachusetts senator elizabeth warren took her own party over -- took on her own party over a provision in the bill that she says will put taxpayers on the hook for future wall street bailouts, and harry reid says in politics, you can't always get what you want. >> legislation is the art of compromise. any chief executive who has to work with a legislature as

presidents of the united states do, they don't get what they want. legislation is a compromise, and that's what this legislation is. >> rebecca bird, political correspondent for examination the washington examiner." i know you have been watching all of this stuff. as of now it looks like there's some sort of calm happening there inform d.c., but there was so much happening leading up to this. in fact, just the fact they were here today with senators ted cruz and mike lee breaking ranks. is this a sign of things to come you think? >> it really is. it's a preview of coming attractions so to speak for this new congress that we are ushering in next month. of course, democrats will be in the minority in the senate and in the house so there will be some differences, but what progressive democrats led by elizabeth warren and some of the conservative republicans led by ted cruz has shown during this whole spending crisis has been that they are going to want to be taken seriously in this new

congress. they're not just going to roll over for their leaders or for the president. >> you're talking about when -- pardon me, you're talking about when the democrats become in the minority in both houses? >> exactly, exactly. i think it was important for the democrats on their side to show republicans that just because they're in the minority doesn't mean they're going to go along with republican plans to get a budget passed, for example, or to stop the president on immigration reform. and by the same token conservative republicans like ted cruz are trying to show their leadership that they're not necessarily going on with moderate republican plans either. >> so that means if you look at it, there's going to be discord on both sides of the aisle. you have got senator warren, who carried a big political stick for this latest round of disagreements, and then you have the other senators we've already mentioned on the conservative side, cruz and lee. so at some point though if the parties can't get along inside

of themselves, then what really can you expect to get done in a bipartisan way? >> it makes things very difficult for republicans. if you look at what happened in the house just a few days ago with the struggle to pass this spending bill, republicans needed a large number of democrats to come over and support the bill because so many conservative republicans decided they didn't want to back it. so once democrats are in the minority, they're not going to have any incentive to help republicans pass these must-pass bills. and so it's going to become even harder you can argue for someone like john boehner or mitch mcconnell to get the votes to pass something like a necessary spending measure. it gets very complicated. >> what's at the basis of this right now? if there's such a simple answer. is it immigration? >> well, there's never a simple answer when we're talking about congress. on the republican side, yes, immigration reform has been the driving factor behind some of this uprising in the spending

bill. they have been upset that conservatives and republicans aren't pushing back enough against the president's executive action on immigration. but democrats, it's totally different issues. they're looking at the roll back of some -- of the2jdgñ dodd/frat provisions which regulate financial institutions in this country, and then some campaign finance reform provisions in this bill. so it's a wide range of things really. >> indeed. and you're right. as i said, it's never really one issue when it comes to congress, of course. okay, rebecca berg, i know you will be watching everything and we'll see you again. >> thank you. >> thank you. thousands of protesters holding a march here in new york city as well as our nation's capital expressing their anger over several high-profile cases, including the eric garner and michael brown grand jury decisions and urging congress to african-americans from police violence. we are joined live from our new

york city newsroom by brian. >> arthel, i'm actually over the phone right now marching with the protesters who have been going for the better part of 2 1/2 hours. they started at washington square park and match emarched street and now they're heading south into downtown to one point plaza which is the new york police department quarters. they have tons of posters. we're talking about tens of thousands of people that have taken up the better part of 15 or more blocks in the middle of downtown. the nypd has told us they have had no incidents or arrests thus far. they are marching for eric garner. they're marching for michael brown. they're marching also for the 12-year-old who was shot with the toy gun. what they're asking for is really a couple of things. they're asking for -- they say

it's an institutional race system. they're also asking for the police officer daniel pantaleo to be prosecuted. they're asking for the prosecutor's office to look at these cases, separate prosecutor panel to look at these cases. these are just some of the things they're asking for. this protest has been going on for the better part of 2 1/2 hours, organized by a multitude of different groups, and they're planning on going throughout the night protesting -- institutional failure and really police brutality not only in new york but throughout the country. >> bryan, it's a big crowd out there, indeed. thank you very much for that report. new york city's police union trying to ban mayor bill de blasio from their funerals. the union is urging its members to sign a waiver for the

request. mayor de blasio is calling the effort deeply disappointing. union officials say officers have not supported the mayor since his response in the wake of the choke hold death of eric garner. and attorney general eric holder deciding not to force a "new york times" reporter to reveal his confidential source. reporter james risen has been fighting to avoid contempt of court and possible jail time for refusing to give up a source war." but risen may still have to testify at an upcoming national security case. molly hinheberg has the story. >> a federal judge gave the justice department until tuesday to decide if their prosecutorst would compel "new york times" reporter james risen to reveal his confidential sources for face jail time. but now attorney general eric holder who has skated previously that he would not jail a reporter for doing his or her job has reportedly decided

against that option. risen has insisted that he would go to jail rather than reveal his sources and said back in august that the obama administration turned this case into a, quote, showdown over the first amendment. >> there is just no way to conduct aggressive investigative reporting without a reporter's privilege of some kind, without confidential sources, and i don't believe there's -- you can have a democracy without aggressive investigative reporting. and without freedom of the press. >> justice department prosecutors say former cia information to ricin about the cia blowing the cover of some of its iranian agents in iran during the clinton administration and that ricin used that information in his 2006 book. sterling's lawyer said in a statement, quote, if the result is that the attorney general decides not to issue a subpoena, meaning a subpoena to ricin

compelling him to reveal his sources, that his own department of justice fought for all the way to the supreme court, three years of mr. sterling's life have been wasted. risen still could be called to testify in sterling's upcoming trial but won't have to name confidence source names. back to you in new york. >> okay, molly you very much. the deadline on the decision to subpoena ricin risen is tuesda. cleanup begins after one of the worst storms in years to hit the west coast. but the harsh weather may not be over yet. >> now that i see what's happened over nine months, this is not safe. we are hoping to get through christmas w christmas. we probably won't be here after christmas. we'll just have to find some place else. i have the worst cold with this runny nose.

i better take something. dayquill cold and flu doesn't treat your runny nose. seriously? alka-seltzer plus cold and cough fights your worst cold symptoms plus your runny nose. oh, what a relief it is. ♪ just look at those two. happy. in love. and saving so much money on their car insurance by switching to geico... well, just look at this setting. do you have the ring? oh, helzberg diamonds. another beautiful setting. i'm not crying. i've just got a bit of sand in my eyes, that's all. geico. fifteen minutes could save you

californians cleaning up after storms move out of the area. up to five inches of rain fell in southern california sparking

landslides, minor flooding, and even a dramatic rescue. several homes are inhabitable because of the storms. will carr is live with more details. >> tended up being a fatal storm. two people died up north in oregon. at times it was so strong one woman who lives here in l.a. said she thought it was an earthquake going on. turns out it was actually a small tornado that set down in south los angeles. another resident actually caught that tornado on his cell phone video there. you can see the tornado ripped a roof off of one home, damaged a number of others. nobody was hurt. according to u.s. tornadoes.com, this is the first tornado that l.a. has seen in the past ten years. the national weather service classified it as an ef-0. check out a waterspout, a tornado over water. jason and his girlfriend nina got the great shot just off of newport beach just south of l.a.

earlier in the day the storms created huge mudslides causing mud to flow down. dozens of homes were damaged and at least ten had to be red tagged. >> when the door slammed shut, i knew there was two feet of mud behind me and soon the front window blew out. when the window blew out, i knew we had a complete flow of mud and water going through the house completely. >> heavy rainfall caused severe flooding throughout the region forcing firefighters to conduct several swift water rescues. the storms also knocked out pow h power. snow blanketed parts of the sierra nevada mountains creating whiteout conditions throughout the area. it's all part of a storm system called a pineapple express which brings moisture from the pacific tropics into the west coast. we're supposed to get some more

rain, more storms, similar storm system, coming up over the next couple days and that's all good news because remember, arthel, we're still in the middle of this historic three-year drought in california. >> i know for sure but it's hard to see those images of those homes buried in the mud, and you hate to hear of the deaths in those types of weather storms out there. okay. well, we'll keep fingers crossed for more rain but not too much to where it's going to cause more damage. relations between the senate intelligence committee and the cia on the fritz. yeah, following the release of a report on the agency's post-9/11 interrogation program with cia director john brennan defending his agency as others strongly criticize the senate report. we'll take a closer look at the controversy. dad, i know i haven't said this often enough, but thank you. thank you mom for protecting my future. 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. if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life. i'm sure you know what this meeting is about.

yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold. quarters. quarters...yup. then amerivest gives me back their advisory... stocks. fees. fees. fees for those quarters. yeah. so, i'm confident i'm in good hands. for all the confidence you need. td ameritrade. you got this.

i was thinking about htaking this speed test from comcast business. oh yeah? if they can't give us faster internet or save us money, they'll give us 150 bucks. sounds like a win win. guys! faster internet? i have never been on the internet and i am doing pretty well. 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.

c.i.a. director john brennan defending his agency after the senate intelligence committee released a report on the c.i.a. interrogation techniques. >> there was useful intelligence, very useful, available intelligence that was obtained from individuals who had been at some point subjected to the e.i.t.s. whether that could have been obtained without the use of those eits is something unknowable. >> how is it affecting the relations between the c.i.a. and the senate? how could this report be used by terrorists? k.t. mcfarland is a fox news nationale?e- security analyst. good to see you. i want to get right to it. first of all, i want to talk about this. the report is out there, like it or not. let's start here. how will this or will it change the inner workings of the c.i.a. going forward and the c.i.a. as

we know relies on hiring contractors. should the screening process change? >> those are really good questions. i think let's take the second one first. contractors. we have in the war on terror, whether it's in afghanistan or iraq or with the intelligence community, the military and the intelligence community have contracted stuff out. now, it has been essential to fight this war, to deal with terrorists, but on the other hand, it doesn't have the kind of oversight and protection that somebody who is in the military or who is a c.i.a. official might have. a have a little bit of an issue with the contractors. if we're going to contract out, let's make sure we know who they are and have oversight. >> according to the report, some of the gross offenses that was supposedly took place was done by some of these contractors who don't necessarily have the same kind of training that c.i.a. officials and intelligence agencies do. >> after september 11, we had a lot of problems as director brennan said. the nation looked to the

intelligence community and said figure this out. save us. so we may not have had the expertise levels within our professional c.i.a. or intelligence services. so we went and contracted them out. we did the right thing at the time, but didn't probably have adequate intelligence oversight. >> i want to jump here. bear with me. we're rushing through. i want to talk about this, the intelligence. talk to me about that. >> that, to me, is the biggest take away of all. we'll have problems dealing with foreign intelligence agencies who aren't gog trust us and maybe share what they would have otherwise shared because they think they're going to get share secrets blown. but the real lasting effect could be political. we've democrat, this is just the democrats in the senate, not the republicans and the democrats. we have the democrats in the senate with the concurrent obama administration investigating the bush administration activities. what about five years, what's to

prevent from saying let's go look at president obama's drone policy. was this legal? i think it makes a big difference when you have democrats investigating republicans. this is the democrats investigating the last one. the military and the intelligence agencies have been hands off. they're not partisan. they're not part of this political game. but this does politicize it and i worry that going forward, we have now thrown the intelligence community into the political sewer. >> k.t. mcfarland that. does it for me. stick around. "the five" is up next here's a question for you: when electricity is generated with natural gas instead of today's most used source, how much are co2 emissions reduced? up to 30%? 45%? 60%? the answer is... up to 60% less. and that's a big reason why the u.s.

is a world leader in reducing co2 emissions. take the energy quiz -- round 2. energy lives here.

twhat do i do?. you need to catch the 4:10 huh? the equipment tracking system will get you to the loading dock. ♪ there should be a truck leaving now. i got it. now jump off the bridge. what? in 3...2...1... are you kidding me? go.

right on time. right now, over 20,000 trains are running reliably. we call that predictable. thrillingly predictable. one town wants helmets on the soccer field. >> i'm calling it a spiritual awakening. >> is it a spiritual awakening to sell boys vacuum cleaners. >> if that's what speaks to them. >> how strict should you be? >> your daughters were not allowed to have a sleepover, be in a school play, complain about not being in the play. >> hold yourself to a higher standard. >> how do we teach