dallas on his head. >> you did. >> lot of fun. >> funny family. fox news confirming 65-year-old american alan gross imprisoned in cuba since 2009 is headed home for the holidays. this just crossing right now. i'm bill hemmer. martha: this news just crossing moments ago. it's a huge relief to alan gross' family that they will have him home for the holidays. word is he's in tough physical shape and has had a lot of

trouble with his him. he was arrested in cuba in 2009 as he worked as a government subcontract for asid. they accused him of bringing computer and satellite equipment to cuba's jewish community. word this morning he will be freed. bill: what they talk about is trying to increase internet access to the cuban synagogues and alan loaned some of this technology and wireless technology and personal computers and that's something the cuban government had a big problem with. not in the greatest of health, but he will be home. more from this from the white house. the sony hackers threatening

violence in america. the new york premiere of this movie called ""the interview" has been canceled after hackers warned of a 9/11 tile attack at theaters screening the film. it's a comedy apparently about two journalists asked by the cia to kill the north korea president kim jong-un. hackers saying remember the 11th of september in william lajeunesse in los angeles. what are the options now? >> reporter: this $44 million comedy was expected to open and screens christmas day. sony is telling theaters they

can air the film if they want. if sony pulls the film and someone gets hurt, they could be liable. it takes cyber attacks to a whole new level from revenge to a terror threat. the hackers released this statement. the world will see what an awful movie southerny pictures has made. the world will be in fear. remember the 11th of september 2001? already the number four chain out of georgia says it's pulling the movie. >> i don't think people should be afraid to go to the theater to see this movie.

what i think people should do is take ownership of their own safety. >> reporter: there is no sign of the movie on sony's website. bill: stranger than the movie itself. anything you can crank up in hollywood. martha: what do you think? is it a serious threat and what does it say about the future of cyber warfare? send us a tweet @marthamaccallum and bill he hemmer. bill: this is a lands mark theater down in soho. it's not a big place but you can make the argument you can keep that place safe but the premiere will not happen. martha: mayor cas -- american as

will be freed in cuba. he was taken into custody in 2009. what this spells for the future of u.s.-cuban relations. >> reporter: moments ago we got a statement frommal cuban official that alan gross has been released and is on his way to the temperature u.s. he was released on humanitarian grounds by the cuban government at the request of the united states. we got word this release might be imminent. after two senators went to cuba and met with them. gross indicated he was going to be released one way or the other.

e threatened to commit suicide if he was not released by his birthday this com may. the united states putting pressure on the government of cuba to affect his release and not has happened. martha: this any stlution was any -- is there any stlution way suggestion there was a tradeoff? >> reporter: we know he was working through a covert program through the aid organization that he had been sending satellite phones and computers to people in cuba. that was against the government regulations of cuba and the reason he was sent to jail. we learned that was a covert program undertaken by usaid.

martha: we are looking at two pick tiewfertion alan gross. in one of them if he looks younger and healthier. any update on his health? >> reporter: he was threatening to commit suicide. he had been sentenced to 15 years in prison. obviously the reason these two senators went to visit him show they were concerned as well. martha: maybe that's what started the ground to shift in this story. the president is going to speak about this at noon. >> reporter: that's news to me. okay. martha: lots more to come, doug mcelway thank you very much.

just getting hot off the presses stuff. bill: a bit more information about this question whether there was a quid pro quo. apparently three cubans were released. but apparently that's crossing the wire. what we wonder and await is whether the president is about to make some sort of suggestion or announcement about longstanding american-cuban relations before the first family heads off to hawaii for their 17-day christmas holiday. the website run by the family of alan gross, they say about a year ago he had lost more than 100 pounds. that would sync with what doug mcelway said about dying in in

captivity. in december 2009, the family says the night before he was scheduled to come back to the u.s. from his fifth trip to cuba. moments before he finished his phone call with his wife he was arrested. they held him for six months without charge. the cuban government then said he attempted to undermine the cuban government by distributed equipment that aloud by the government. alan gross grew up in maryland. we'll see if he goes back to join his family or somewhere else. martha: a blow for the president's immigration plan. a federal judge ruling it

unconstitutional, parts of it. martha: there is turbulence on the way to the united states. the plane shaking so bad it caused injuries on board. martha: the man who waterboarded the mastermind of 9/11 slamming the characteristics a interrogations report. why he says the enhanced interrogation techniques were necessary. >> they tried to destroy a civilization and people were clamoring to do anything andering they could that was level and save american lives. that's what our government is supposed to do, save american lives.

martha: we got word just before 9:00 a.m. eastern time that alan gross who had been held in prison in cuba the last five years is on his way home. wee there is word the white house had been in discussions about his release the last week or so and maybe longer than that. we are getting more information and working toward clarity over what kind of negotiation took place and what the tradeoff may have been and we'll bring you the details very shortly. alan gross had been bringing over satellite phones and computers to jewish members of

the community. that's the charge against him and that's yes was put in prison. he was there as part of usaid. this just coming in. jeb bush has a statement on this as the former governor of florida. he says it's quote spectacular news but he shouldn't have been there in the first place. he missed his mother's funeral. his older daughter's wedding. a lot has gone on with his family. bill: it will be interesting to get the reaction from south florida if there was some quid pro quo that suggests three cubans were released in exchange for him. but it's very intriguing that at noon eastern time the president speaks at the same time raoul

castro speaks in havana. what will the president say. 5, 6 years in his presidency he has tried to make headway in iran. that has been met with one can argue various degreets of success and perhaps this is another attempt to normalize relations with a country that has been at odd with the united states for the last 50 years. from the cabinet room today he will make the comments. when you get him like that it's not off the cuff but not as prepared as when he comes to the press room to make a statement. martha: it's an attempt to normalize relations between the u.s. and cuba. he has been battered in the polls in terms of his handling

of foreign policy. this is something that could send a positive message to his family and some progress that could be made in this relationship. bill: gross' case has not been reported widely at all. perhaps in the beginning if you go back five years but this is not the story many people have been focused on. he's out of maryland, he has been given very little attention despite the efforts of his family. martha: you look at the bowe bergdahl the white house thought would be nice moment for them. they brought the family to the white house. that backfired badly on them and that was a negotiation that allowed five prisoners to be released. we'll see what the terms of that release was and whether this turns out to be a more positive public relations move and

humanitarian move for this family. bill: the family says his health deteriorated badly and he could barely walk and went blind in one eye. he refused medical treatment and spent 24 hours a day in a 10 x 20-foot room with two other prisoners. perhaps at the end of the day relations between the u.s. and cuba may be where the story is. martha: phil keying will join us from south florida where there will be reaction no doubt to this. jeb bush the former governor of florida had a lot of knowledge about this case, having been the

governor of florida when this all began says it's a spectacular piece of news but it never should have happened in the first place. there will be discussion about how we should normalize relations. with fidel castro and his brother raoul. it's a complex relationship for sure. bill: noon eastern is the statement from the white house. there are new polling numbers on enhanced interrogation techniques. you may be surprised how americans feel about this as opposed to the echo chamber of washington, d.c. we'll get to that on a busy morning of america's newsroom. [ narrator ] mama sherman and the legion of super fans.

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bill: alan gross age 65 is coming home, freed from captivity after five years. phil keating is live in miami. >> reporter: judy gross, the wife of alan gross is incredibly relieved today. she has been bleeding the government to facilitate the release of her husband. she marked the fifth anniversary of alan gross' imprisonment for espionage, pleading with the government to do something about it before alan gross committed suicide or died in prison. the rumors in havana yesterday

were that alan gross had been transferred for medical reasons to a military hospital and the word was he might be put on a plane early this morning and returned to the united states. as the white house confirmed around 9:00 a.m. this morning eastern time, that in fact happened. also breaking three remaining cubans convicted of espionage for spying or trying to infiltrate the anticastro-cuban community in south florida but also u.s. southern command headquarters in miami prime minister. the remaining three in federal prison have been released. so it sounds like this is the prisoner swap that was the big holdup trying to get the u.s. state department and the cuban government from coming to some sort of middle ground to resolve at situation of alan gross.

in cuba there are billboards everywhere with the cuban five. they are hailed as heroes. they were convicted of espionage in the u.s. two have been released back to cuba after serving their time. martha: let's go to former state department seem yoarp advisor christian whiteman. what's your rethroocts release of a -- what's your reaction to the release of alan gross. >> i'm happy he's coming home. but you have to ask what the obama administration is up to. he was traded for three actual spies. this is part of a very likely part of a process of restoration of full normal relations with cuba, ending the trade embargo

without any real concessions in the way the castro government conducts itself. certainly without any sort of improvement in the human rights conditions which remain completely atrocious in cuba. martha: i guess we don't know what arrangements or promises may have been made on behalf of the cuban government. i guess some of those details are yet to be revealed. >> that's right and i'm just speculating. if you look at what the administration has done, this is the white whale of practitioners of foreign policy if we just end the embardot and tree store relations this will improve relations with cuba. we saw this with iran and the idea with russia. the idea that we could outstretch our hands and change things for the better. i'm happy mr. gross is coming

home, but the optics of a trader to people who are actual spies, targeting southern command and spying for a foreign government is somewhat troubling. martha: if concessions are to be made one might think that would have been an appropriate negotiating tool to get mr. gross back. >> the u.s. government, it's heartening how much we do pay attention to our citizens who are held abroad. but we are a government with interests and we have to defend the united states. despite the fact of its relative size and intense poverty as a result of this government system, cuba causes very serious problems and does things that are dangerous for the united states and in the united states. we have to keep that in mind first and foremost. look at the track record. does diplomatic engagement lead

to human rights reform? that was the big story with china and it hasn't happened. if our goal is a democratic cuba we have to look at pressuring the regime and empowering dissidents which is what mr. gross was doing and replacing by non-violent means the castro regime. nothing happening in washington with its mix of policy is working to bring that about. martha: in the bowe bergdahl exchange the white house received a lot of blowback. do you think they will get the same neat this decision? >> i don't think it will be as intense. martha: they are very different situations. >> there have been situations with north korea even though there weren't a number of specific concessions made, just appearance of engagement and the

appearance of legitimacy when the u.s. government even gauges a rogue regime at a high level, that in itself is somewhat of a concession and it's more of this theory in washington which has been disproven time and time again that all we have to do is make nice with thug regimes and they will somehow recalculate their governments. we should expect them to continue to make problems for us even despite the appearance of improving ties diplomatically. bill: there are big misconceptions that we have since the embargo of 1969. that you can't go to cuba as an america. but you can. many have including myself several years ago. what you find there upon behalf of the castro government, you

have a nation that's locked in time. they are frozen in 1959. amid all the technology revolution that circles around us, they are still frozen there despite the fact that we and so many others advance. you wonder what the president's motivation here was. he will spell it out for us to tell us what's behind this move. we mentioned trying to get relations going with some countries that have not been favorable with the united states for some time. this will be in that category. we'll see if the president can have some success with this. sheila! you see this ball control?

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we are told raul castro, the current leader of cuba is going to make a statement as well. just last week the president talked about this situation in cuba during an interview with jorge ramos. >> we have been in conversations about how we can get alan gross hope for quite some type. wtype -- quite some time. we have been working through a variety of channels. we continue to be concerned about this. we think he shouldn't have been held in the first place. bill: things like this don't just happen overnight, especially as we get news of three cuban intelligence officers held in the united states apparently set for release as well. steve hayes reacts to this. you have been watching this. ba what have you taken in so

far? >> if you look back to late november shortly before thanksgiving, yahoo news had a fascinating report about an exchange that took place during the confirmation hearings of tony blinken and marco rubio grilled him about precisely this. there were rumors there would be a change in u.s.-cuba policy. rubio pressed blinken and said is the president going to make these unilateral changes and blinken said absolutely not. he said anything the administration does will be done in full consultation with congress. one of the things i will expect you will hear from members of congress and especially marco rubio is the extent of that consultation. how much were members of congress briefed on this and was there that kind of discussion.

bill: we have been picking up tidbits about the president sucking there will be a shift in policy between u.s. and cuba. what will he say? we don't know. was there consultation with leaders of congress? we can't answer that either at the moment, steve. >> this is consistent with what we have seen from the president over the course of his presidency. one of the things that obama believes will be his legacy is his relationship with these rogue regimes. he campaigned on it in 2008. he was clear he was going to open the door with regimes with which the united states had tense or non-existing relationships in the past. and it wouldn't be dependent on

the behavior of the rogue regimes. we have seen iran mock the president but the president is sticking to his gut which tells him to press for better relations. we have seen that with the taliban despite the fact we have seen them continuing to participate in terrorist activity. bill: with regard to iran it's delay, delay, delay. jeb bush, the former governor of florida, a two-type governor, the cuban-american population in florida, there is no elect. here is jeb bush a short time ago on this topic. >> i'm delighted. he was in poor health and shouldn't have been in prison to start with. he didn't do anything to deserve it. the fact that he's coming home is spectacular news on the first day of hanukkah.

bill: politically speaking, you are in a safe zone. there is no pushback. >> right. would i expect -- i don't know that jeb bush went on to say this. but i would expect you will hear a two-part statement. you will hear what jeb bush just said which is the excitement and enthusiasm about the release of alan gross and the condemnation in the way gross was detained and the length of his activity and the nature of the castro regime. we haven't seen significant changes in the behavior of the castro regime and it's one of the things i would expect republican politicians and democrats to raise with the obama administration. what have we seen from the regime in cuba that gives you any sense things will change because of this type of prisoner swap? bill: steven hayes, we'll come back to you when we get more. thank you. martha: we have a lot more on

what we are learning about the so-called cuban five. also coming up here, the new film "unbroken" tells the story of a world war ii hero shot down over the pacific surviving 27 days on a life raft before being captured and tortured by the japanese. but he was later able to forgive those cap towards after a remarkable conversion to christianity. franklin graham on his father's role in that next. nexium® 24hr. it's the purple pill, the #1 prescribed acid blocking brand, available without a prescription for frequent heartburn. get complete protection. nexium level protection™

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judge arthur schwab. >> it's federal judge in pittsburgh. had an ordinary routine deportation case before him. he said i don't want to be deported even though i pleaded guilty to entering the country illegally, under the president's new rules and because i fathered a child and my child is an american citizen, i can stay. that forced this federal judge to review the constitutionality of the president's new rules and he ruled in a lengthy detailed and well-reasoned opinion that the president cannot rewrite federal immigration through which is effectively what he did. bill: does his decision hold much weight? >> it depend what happens. if the government appeals it to the third circuit court of appeals and loses it will cascade against the president. bill: the number of executive

orders and memos under the current president. which is more than we have seen since what, the 1950s? the 1940s? >> not all executive orders are bad. some of them have good. they basically tell the department and agencies howth do their job. but when the president nullifies statutes or rewrites the law is unconstitutional. but president obama doesn't call them executive orders. he calls them menn -- calls them memoranda and executive actions. why is he change the terminology? because we in the media have been telling the public how many times he's doing this and he's trying to object i to obfuscate.

i don't know what he's going to say at noon today. can he legally do it? you are talk being a statute written in 1959 by the conscious and signed into existence by president eisenhower. that can only be changed by the conscious. but this president believes he can rewrite laws. he will likely announce a radical change at noon because he has a different view of the presidency than his predecessors. bill: the congress can challenge that. >> if they have the political will, yes. if this ends up before a judge, yes. bill: you are saying the embar go 1959 is still law. >> that will not stop barack obama because he believes he can do things that are outside the

constitution. bill: i just learned something. men owes and executive orders are the same thing. here is martha with more now. martha: the new film "unbroken" tells the story of a world war ii hero who was shot down over the pacific. he survived 47 days on a life raft with no supplied before being captured and tortured by the japanese. but he was able to forgive his cap towards after a conversion at a billy graham crusade. bill: with russia's economy in free-fall, is vladimir putin about to do a free-fall. the amazing devaluation of the russian riewple. how much fuel will be needed to power them? about the same as today?

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martha: there is a big hollywood movie coming out this christmas, "unbroken." it tells the life of a sole dhoar was an olympic runner and and war hero who was shot down over the pacific. >> hello, mother and far it, i'm in a japanese prisoner of war camp. martha: he was brutally fleet that japanese war prison. then he came home and that's where the story in the movie ends. but that's when an emotionally wounded man came back to california. he suffered severely from what we now call ptsd.

he turned to alcohol. his marriage almost fell apart but something changed him dramatically, it was when he went to a billy graham crusade at her behest in 1949. he ended up forgiving his captors. some christians criticized the movie because it only briefly mentions the faith part. he said he was so happy the author included that in the book. his son says his father was happy with the way the movie turned out and the final mention about th the christianity part f the story. it's great to have you with us, franklin graham. talk to me about your reaction

to this movie and the part that's left out. >> i think angelina jolie did an incredible job following the film. unfortunately the film stops at chapter 33. there are 39 chapters in the book. when he does come home his life becomes broken. he tries to choke his wife in the middle of the knife. he thick she is an interrogator. but his wife went to hear my father and she went forward in this big tent called the canvas cathedral, and her lie was dramatically changed and she filed for divorce papers and she came back and told her husband because her decision to follow christ that she could not divorce him and she was going to live with him.

he was so joyed and thrilled with that she convinced him to hear my father. he got up and ran out. he didn't like hear something one say he was a sinner. he those was a good man. but a coup days later he went back. my father gave invitation to put their faith in christ, he went forward. he went home and got rid of his pornography and his alcohol and threw his cigarettes away. he began to read and study the bible and his life was transformed instantly that day and it stayed with him for the rest of his life. he never turned from what he put his faith and trust in, that was jesus christ. martha: it's such a moving part of the book. you watch this man go through so much torren d so much torment.

and you watch him come back and think this is going to be the happy part of his life and it's not. like so many other people who who have served and been through difficult experiences, he suffered from ptsd. he says after his conversion in the tent with your father preaching, the ptsd was gone. he said i never felt it again after that day. and he he this is what make him unbroken. made him unbroken, right? >> yes. when he put his faith in christ, that day his life was changed. but not only did his life change, but those heed ache stopped. the nightmares to nightmares st. he was able to go back to japan a few years later and confront the men who toarpte who tormentn

prison and he was able to forgive them. i'm sorry that was left out. but we have the rest of it right here at the billy graham association. we have the dvd that tells the rest of it. it's louis telling it himself. if somebody wants to go to billygraham.orgwe'llsendittoyou. >>i'msurepeopledidthat. themostywasterrific. thisistherestofthestorytheycange tfromyouguys. it'sinterestingyourfatherpreache d. heretonighttherewasadrowningman, heretonighttherewasadrowningmann dthat'ssomethinghecouldrelateto. . franklin graham it's wonderful to talk to you. thank you so much. merry christmas to you. bill: there are great things about that. there is breaking news on the future for relations between the

u.s. and cuba. an american has been released. his name is alan gross, he's 65 years old. the white house says it will start talks to normalize diplomatic relations with the communist government in havana. president obama and the cuban president will speak this morning. it's breaking news on america's newsroom and we'll have much more in a moment. soft and full like a flower, with new covergirl full lash bloom mascara. finally! volume that's soft - not spiky. new full lash bloom mascara from easy, breezy, beautiful covergirl

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martha: we are back with fox news alert, u.s. about to chart new territory with cuba. he is on his way back home, all of this we are now hearing president obama will announce a new policy with the communist nation. full diplomatic relations. this is a very big story today.

brand-new hour of "america's newsroom." bill: i am bill hemmer. alan gross on his way home of ar spinning five years in a cuba jail. freedom swap with vona. now announcing a new embassy there. is it that simple? live at the white house, good morning. >> good morning, bill. it is for the broke the last couple of minutes. the minister of usa id is resigning. he headed up that agency for the past five years. it is very much a key part in this story here. earlier this month the associatedeported early in december usa id and did undercover work and hostile countries. it apparently follows investigation by associated

press this year into work which set up a twitte twitter like sol networking in cuba for a new generation of business while hiding ties to u.s. government. so all of this has come to an end. the minister has resigned, from the cabinet room with a new policy from cuba, new diplomatic relations including the opening of an embassy in cuba, that while cuban president holds office. it includes adversarial relationship that has existed for the administration and before that with the bay of pigs and before that. bill: the judge just reminded us the embargo of 1969 is a u.s.

law. how do you then work within this law or talk to congress to get congress to allow you to proceed with opening an embassy? to be cautious on this, it is just a consideration for talks to move in that direction. do i have that correct? >> that is correct. it would require approval of congress with a two-thirds vote by the united states senate. we have the issue of unilateral, but the normalization of relations with bipartisan support in the senate, a lot of resistance to the expatriate committee in florida. very much an opponent of normalizing relations in cuba. raising questions with the assistant or will be the assistant secretary of state and who will refuse to answer questions of the normalization

of cuba an in recent confirmatin hearings. it is a very complex story and all of that has been ironed out. martha: is bring in fox news digital editor for his take on this new spread this looks like a major initiative on foreign-policy we will here at noon. >> shirley across washington is a great deal of support for a family united, this case looks at maybe the political cover where the sugar to help the medicine go down to get the focus on one man while they embark on an enormous change. what would be an enormous change in u.s. policy. not necessarily because the cubans were going to mount an

invasion of the united states after the fall of the soviet union. for the assay essays to keep itd and that as long as the castro brothers were pressing people, relations would not be normalized. this would be an enormous change of u.s. politics. martha: they said numerous times they would not normalized relations with the castro regime and release of the remaining three of the so-called cuban five was not on the table, that would not be used in negotiations and now it appears it is. what is the motivation here? >> part of it is entering this honey boo-boo face when he does whatever he wants. he is not going to be constrained by voters. in this case he is constrained by the law. there are workarounds he would

not likely be able to get overall for the u.s. to abandon the policy would be a big item for the president and congress especially republican congress that the president could direct the treasury department to stop enforcing it because the treasury department is the key because the ban is not on many states, it is on cuba and u.s. money going to cuba so they can use it to prop up the fallen regime. that he has options. bill: when you look at the choices this president has in front of him, the master of children that occurred yesterday morning, you look at what is going on in iran for the nuclear weapons discussion, we have serious, serious foreign-policy issues on the table. other than the release of alan gross, whichever but he is happy about, it becomes why this now, why?

>> it is because he can and this president looking for a legacy. a president has a very short period of time before they take over and hillary clinton takes full control of the democratic party which will happen after the democratic address. this is last chance to do stuff and something liberal democrats have waited for a long time. this is a legacy thing he can say i did that too. martha: this is a president has to look at the list, i try to write down the list of the things on there, foreign-policy is looking week on this list. this could be an attempt to put something can feel good about. whether or not congress let him do it is a whole another ball of wax. good to have you here.

bill: flying in will be the democrat from maryland, senator patrick lacy and republican from arizona. reporting according to his source, they were helpful in getting this release. stuart varney has the economic angle on this. do you think this at the moment is about what? oil? >> i think oil is a part of the story. power and influence around the world because of the collapse in the pric price of oil. look at the cuba situation, cuba get the oil from venezuela, venezuela is flat-out broke and the economy is collapsing because of the price of oil. they may not be will to supply as much oil to cuba and

certainly demand hard cash for it putting cuba in a bind. maybe that's why they're more susceptible to reaching out to america for diplomatic accommodation. more rivals and enemies and trading partners especially russia and venezuela, maybe cuba. bill: you're watching the ruble collapse in front of us, down 50% in 2014. and energy technology, fracking is a big reason for that. the couple the sanctions with lime you put in have an economy some had wondered whether or not it would go in freefall, stuart. >> this panic buying in moscow because if people don't i something today it go up in price tomorrow or not available at all. this collapse nic in the price f oil gives america leverage over

russia and in turn gives us leverage in the situation in ukraine. enormous amount of new economic power because of the collapse in the price of oil, which in part is the result of america fracking. bill: do you think the ruble been trouble this way without the sanctions, or do you think the energy technology would do it on its own? >> sanctions make it worse, but the underlining collapse in the price of oil is the prime mover in the collapse. bill: where are we now per barrel? 60 bucks? >> 65 and falling and gas is still falling very sharply. i have a state-level site a gallon of regular for $1.70. bill: thank you, stuart, see you on fox business 11:00 a.m. eastern time. check it out. martha: so significant the price of oil with the enemies in this impact on cuba is a big part of

the story. we will talk at 10:30 this morning. the senator whose parents were cuban, he has some strong feelings about this development and you will want to hear it live at 10:30. bill: president obama at noon, raul castro speaking around noon also and alan gross 90 minutes after that. a big day. martha: very sad and very compelling, the taliban producing a school to rubble in pakistan and killing more than 120 students. look at these heartbreaking pictures of what happened yesterday 24 hours after the attack, more images because the world needs to see them of what the taliban did. bill: and hunting down those who attacked officers over the

weekend all caught on camera. the steps he is taking to track him down today. martha: a new movie being called to patriotic perhaps for hollywood because he got snubbed by number of big award ceremonies. we will talk to the man who killed usama bin laden. the deadliest sniper in u.s. history. >> she has a grenade.

bill: breaking news, american alan gross coming home. three cuban spies will go back to havana. expected announcement from the president at noon eastern time about relations with the island nation. talks will begin with foldable medic relations to cuba. i say the white house establish the first american embassy in cuba in nearly 50 years, statement, much much more to come on this. martha: pretty dramatic new images giving us a first look inside the school where the man mastered when her 40 people. 130 of them children. also between ages of 10-14.

this image is very disturbing. many of the children who were sitting in this auditorium right before the gunman stormed in and started firing at random is just a horrible scene. chairs toppled over, 100 bodies pulled from this room alone. the next image is the principal's office at this school that looks like and is a bomb scene now. it is quickly blown out, reduced to rubble. they are calling the world to unite against the taliban. >> : all political parties and everyone to stand up together and fight against terrorism and make sure every child is safe and quality education. martha: i meant that.

good to have you here today, your reaction to this horrific brutal attack was might mean in the end. >> martha, the day before christmas calls to mind the slaughter of the innocents. horrific. you go beyond the power of line which and adjectives to describe it, but i do think the taliban made a serious mistake going after this particular target. this is not a military academy. it is a kind have on this much a pose overseas, for the children of military officers, not a cadet school to say. but held and went after this because these are the children of the insiders, a power brokers, but by doing so they hit home, they hit the heart of the people who make the

decisions. i think the pakistani army which has been on-again and off again dealing with the taliban is now going to be very, very serious. this wound cut very deeply. there is also an american message here. it was seven, and that went into the school and slaughtered in cold blood 132 students and nine teachers. they are the people senator feinstein deserve protection from the cia, which not even water board these monsters. what are our priorities which mar?martha: you make a good poi. i think what happened around newtown, connecticut, around this time. remember the feeling around that

going through and thefamilies unbelievable grief they are suffering. you look for something that would wake the world up and draw together the force of good that do exist in the world and you wonder if this potentially anything good can come out of it, does it go beyond the pakistani military in their horrible wake-up call they received. >> the world alpine ice many in pakistan as far as galvanizing the american west, it is not going to happen. nothing is going to do that. back to this just horrific event and the seriousness of it, again, this is not some crazy kid in newtown. i understand, i got it.

the islamist terrorists have done so many monstrous things i think we're just becoming numb to it all. the girl who survives and got the nobel prize, that is heartwarming and huge positive story, but it is not enough to feel for her, we have to take action. again, i'm looking at american people according to polls get it. the mecca people get it, but you have to play hardball. the problem is our elite. so far divorced from the dangers of war. they are divorced from the streets and the cities, they indulge themselves in this glorification of imaginative rewrites of human monsters. a society unwilling to do everything necessary to defend

itself is indeed a decadent society. right now we're horrified and disgusted. martha: out encourage them to think about what these children went through. thank you. we will see you next time. >> thank you. bill: ed henry at the white house saying the president will make a speech that the embargo in place since the 1960s is outdated. the other thing that will become significant in all likelihood will be the swap itself of three cuban spies being held in the united states. more on that coming up. marco rubio reacts to all of this in a matter of moments and alan gross will speak at 1:30 this afternoon.

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bill: white house bottom right, upper right-hand corner is the american age 55 with already back in the u.s. at some time very soon and according to fox these are on the hill, the pope, the pope was helpful managing his release through cuban spies. much more on this story here on

fox. martha: the sony hackers threatening 9/11 attacks on 9/11 showing "the interview." poking fun at north korean communist dictatorship. the hackers call themselves guardians of peace warning soon the world will see what a horrible movie sony pictures has made. member the 11th of september, 2001? keep yourself distance from the places at that time. a former deputy assistant, good to have you both here. what do you make of this threat? >> since they had no credible

evidence, they coming from north korea, we still don't know who is behind this. it would be an act of war and i would hope they would think long and hard about that sort of thing. martha: it may be, tom sullivan, the first real act to take down the corporation in a very difficult cyber warfare spot because if they tell people not to go, eric giving into the terrorist, if they go and something got from it happens, there is a tough wind as well, are they not? >> the screens today, there's going to be a number of movies rolling out for number of families to go to the movies on christmas day.

if you view is playing on screen number two, will you see the movie in screen number three? it could have a downward effect on all the movie companies. martha: they all have to be concerned of the numbers over this christmas holiday. one thing that strikes me is we talk about privacy and how the nsa is watching everything you do, you have the situation and everybody is going we have no clue who this is. how could that be? >> it is tough to get attribution. that is the beauty of doing a cyber attack. it is inexpensive, you can do it from a wi-fi hotspot in a coffee shop, anywhere in the world and it is difficult to trace back who was behind it. in a sense this is the world wide web wake-up call on cyber security.

the government secret, defense contractors because of the defense industrial secrets and for the private sector as well which has had a lot of intellectual property stolen. we better pay attention to this and very painful for sony but very important for us and a wake-up call for us. martha: when you think about the other thing that could happen. they don't even really need to do much but put out threats against this movie and it appears they're having a pretty large effect. >> as peter seven don't know if it is north korea or some 15-year-olds doing this. the other thing is a lot of people have been talk to me saying this looks like it may be is a classic old hollywood stars to get publicity for basically a stoner movie not expected to do all that will anyway. if so, it spun out of control. i am betting on the 15-year-old in mom's basement behind all of this. >> it is possible north korea could be behind it, possibly

outsourced it to somebody to do this. that is one of the things we have to worry about. they have attacked south korean government buildings, the banks, if you're coming out of north korea limited portal into the internet portal and north korea might be easier to trace. it is still a mystery on the outside. >> are you one of those who say i will not let terrorist threats or hackers interfere with my life and go to the movie or maybe do another tradition or stay home, play with your toys, do something else. martha: it doesn't give us a whole lot of confidence in our ability to thwart this kind of cyber attack. a big story in the coming years.

thank you as well. merry christmas to you both. thank you for being here. marthabill: i miss between commt cuba and the united states. we will hear from the president this one. and senator marco rubio's here, his parents escaped the regime. martha: plus the house oversight committee under new leadership come january and will earn a turning scandal under lois lerner is back in play, as are some other big issues. we will be right back. >> we don't know what she has done so i would you give somebody immunity you don't know what kind of conduct their getting. why would we give someone immunity when we have no idea what will conduct they have engaged in? [ male announcer ] you wouldn't leave your car unprotected.

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trading the american for convicted criminal is extremely dangerous precedents. he says the actions on cuba vindicates the brutal behavior of the cuban government, so what about the united states charting new ground? senator marco rubio from florida is with me now. his parents fled cuba in the 1950s immigrating to the u.s. as fidel castro began his rise to power. thank you for your time. your reaction and what we expect today. >> first of all obviously we are glad mr. gross is back with his family, he never did anything wrong, he was not a spy, he was not a criminal, he was a hostage. it is unfortunate they held him for five years and almost killed him in captivity. i think it does set some very dangerous precedents and

government now knows they can take an american hostage they can get very significant successions from the united states. later on the present will announce measures that go well beyond the sanctions imposed in telling normalizing diplomatic relations between the united states and cuba opening up commerce and trade with dictatorship. my interest in cuba has been the furthering of democracy and freedom. they are free to choose any economic system they want. but the president will announce today will further that goal. it is ironic a week after he imposed sanctions on human rights violators in venezuela will lifting sanctions on the government teaching them how to commit human rights violations and part of long record of coddling dictators and tyrants this in administration has. bill: that is law in america. the legally what could the

president do? >> president could increase the participation of the talk medications companies within cuba. the problem i have is not those measures, the cubansreturned age the turn prisoners and allow more internet access on the island but hitting no economic openings, no concessions on freedom of speech, no concessions on elections, no political parties, never having elections or anything of that matter. what democratic concessions and this notion somehow being able to travel more to cuba and spend the max and money to cuba and sell more consumer products in cuba, the idea that leads to democratic opening is absurd, par for the course and administration possibly giving away unilateral concessions for iran or cuba in exchange for nothing. bill: do you think they would

agree to the embargo? >> no, there is not support for that. the embargo is not there to punish cuba or the government, it serves as leverage. the law is very clear, the embargo could be lifted tomorrow if cuba opens up democratically. that is all they have to do is become a democracy like virtually every other country in the hemisphere. for this administration to undermine that leverage in exchange for symbolic measures the releasing of political prisoners is fantastic but they never step in and present the in widtwith and they can be back in prison if they reengage society and protest. bill: what do you know about these three cuban spies allegedly heading home with mark >> there were five of them originally, two of them released returned to cuba, the other three are here still although i mention i have been released.

they were involved in providing information to cuban government that led to the murder of u.s. citizens in a shootdown of the brothers of the rescue aircraft in 1996. airplanes that used to patrol straight to cuba, find people and save their lives, cuba government shot them down largely based information one of these spies provided and they will receive a hero's welcome in cuba. bill: does this suggest to you with two years left in the presidency that president obama wants to visit cuba and pay a visit to havana while the president can make a mark? >> i don't know what his intentions are. foreign policy is at minimum and may be counterproductive to the future of democracy in the region. i go back to the point i made a few moments ago. we imposed sanctions and human rights violators in venezuela but the people supporting those

human rights sanctions and the people taking over the venezuelan government were lifting sanctions them. now all these tyrants around the world know the u.s. can be had, at a minimum barack obama is the worst negotiator we have had at present since at least jimmy carter and maybe the modern history of the country. bill: marco rubio, appreciate you coming on with us today. martha: an american war hero storycoming to the big screen but is his life story perhaps too patriotic for the big awards ceremonies? we will talk about that with the navy seal who killed usama bin laden. >> your family is here, nor children have no father. >> i have to serve my country. >> you don't know when to quit. you did your part. have somebody else go.

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>> her arms aren't swinging, she is carrying something. she has a grenade. she is handing it to the kid. do you have eyes on this, can you confirm? >> negative, your call. >> if you are wrong -- bill: that is a scene from the upcoming movie "american sniper" based on the real-life story of the most lethal sniper in our america history. starring bradley cooper and directed by clint eastwood. getting backlash from those who say is perhaps too much about god, too much about country, to not get a lot of love at the

award emanations and that is what some people taking away from that. joining me now is former navy seal, the man who killed usama bin laden. thank you for being with us today. >> good morning, martha, thank you for having me. bill: the story is such a tragic one, he was back after his military service and was working with people who had ptsd and one of them turned on him and killed him. look at what he went through in combat in the times he walked up the line with his own life for him to lose life that way is so tragic but this film hopefully it's going to go long ways to preserving his memory. what do you think about that? >> i'm really glad they made a movie out of it. the story is incredible, highly decorated, and then he came back to pay it forward. he was out there with somebody who maybe should have had post

but express but he didn't. his life was tragically taken. martha: what do you think about the response? when you look at the stupid but the fact from everything i have heard it is an extraordinary movie and one that should probably get some nominations. it seems to not be on the short list for those so far. >> it seems that way. i guess there is a of that in hollywood. i will be first in line to see this movie when it is released, but this has happened in the past with a movie that was just made, "the lone survivor" and that movie was snubbed. that is as close as you can get to seeing actual combat in afghanistan. the best war movie i've seen since "saving private ryan." i think shakespeare in love got the best picture.

martha: one of the things looks really compelling is how it brings together chris kyle's life and how difficult relationships at home can be and how you meld that and make that work with what you are doing out there in the field. what do you think about all that? >> i'm excited to see it. i'm glad they made the story. navy seals are deployed more than they are at home. my case in particular i would leave, kiss my wife and leave the she had to be strong for the kids and it is a story that needs to be told and i'm glad they're doing this. martha: and we spoke with sean hannity about the interrogation. want to put a paul up but with

the mecca people think of the cia interrogation methods. 51% say it is acceptable under circumstances the treatment of these prisoners. with 28% said went too far and was wrong. what yo is able to the controvey that surrounds this in light of the unbelievable ambush we saw at the school just yesterday morning? >> one of the things i'm able to do is troubled country and give speeches not talk a lot of the american public. generally they agree with me as far as enhanced interrogation does work. love the things we consider torture is not torture. if we have to play loud music for somebody or pour some water on their face to get information that will save lives, they are all pretty much in agreement with that. these water all the time on us to make us very uncomfortable,

we have things where they put water on our face. it is uncomfortable but that if you can walk away from and be fine i don't consider torture and most americans do not either. martha: chris kyle zweifel be on the 2:00 p.m. shows after him. we're going to want to see that interview with her. bill: some in congress told of the alan gross released late last night. it will drive the day, the president and the white house, cuba president in havana, and marco rubio saying moments ago the president is the worst negotiator since jimmy carter. we will play that for you and debate its next. the conference call.

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built for business. bill: senator marco rubio, slamming president obama's decision and handling of the exchange with cuba. american alan gross is free this pop with cuban prisoners. here's what marco rubio says about the presidents negotiating ability. >> the cubans ha particularly venezuelan government. we are lifting sanctions on them, how absurd is that? how all these tyrants around the world of the u.s. can be had, pretty easy deal at a minimum barack obama is the worst ago shooter as we have had president since at least jimmy carter and maybe the modern history of the country. bill: that was a moment ago. alan colmes joining us. gentlemen, thank you for being patient.

where do you think this leads us now? >> it empowers them to act out further against americans understanding they have a president they can deal with. north korea says we will give back the americans if you send a cap and officer to us, now cuba? it is all these other concessions as marco rubio pointed out that are inherently beyond the policy of this president, blindsided the government by doing it. this and the terrible message to those seeking to do us harm and those we're trying to influence. >> i don't understand what marco rubio was saying, talking about both sides of his mouth saying we need free and open trade, we

need more democratic cuba that is what open trade does. i wonder if they would like to go and explain to the family did not want to release. a man that was a small cell with two other prisoners. this is an opportunity for us to open up trade good by not having could cuba were not a dictator, where her the people of cuba. this situation where cable open anyway, it is exactly the right thing to do. bill: he says it vindicates the behavior of the brutal government. >> no question about it rewarding cuba for bad behavior, you don't reward them with trade. human rights and voting and representation.

what about the brutality for the people of cuba. >> and what does he marco actually accomplish? you're not hurting the dictator, you're hurting the average person. this has an effect. the embargo hasn't helped at all. bill: and extremely dangerous precedent has been set when you release convicted criminals. thank you for being patient. martha. martha: lots to cover this morning and continuing coverage as we get ready for the president's statement on the release of alan gross and what it means for cuban relations. we will be right back. it comes in oral rinse, spray or gel, so there's moisturizing relief for everyone. biotene, for people who suffer from a dry mouth.

martha: pretty busy morning turn the out to be. bill: alan gross will speak from his newly-found apartment.

martha: happy to be home. we wish him and his family back here tomorrow. see you on radio. see you on o'reilly tonight. bill: we have an interrogation today. we do. kilmeade. martha: bye everybody. >> big news today. we start with a fox news alert. as we've been reporting an american jailed in cuba for five years now on his way home. we wait for president obama within an hour to announce the release as part of a major shift in u.s. foreign policy toward cuba. welcome to "happening now." i'm eric shawn in for jon scott. heather: i'm heather nauert in for jenna lee. what a busy news day it has turned out to be. his name is alan gross. he has been now freed from a cuban prison as part of a deal to release three cuban hostages in the united states. mr. gross was detained while working as a contractor for the u.s. state department. he was set