and guess what, "happening now" starts right now. fox news alert. reaction is loud and chlor and forceful with the president's plan to restore diplomatic relations with cuba. this is 50 years from the cuba missile crisis. >> outrage among the cubans and members of capitol hill and including cuban- american. and they will block efforts to rewrite our foreign policy with cuba, it is all "happening now". >> we will end an outdated approach for decades that failed to advance our intchlt >> it is a victory for the oppressive cuban government and a source set back for the cub an people. >> it is a fallacy that the cuba will reform. >> and could that derail the

obama administration historic plan to engage america's long- standing economy? >> and a christmas bombshell dropped on hollywood after sony cancelled the interview in the wake of a cyber attack on u.s. soil. the new fallout straight ahead. >> lawyers argue he stood his ground, but the jury did not agreement how much time will he face behind bars for killing a foreign exchange student that was killed after trespassing on his property. it is "happening now". we begin with a growing back lash on both sides of the aisle from the republicans and democrats on capitol hill to president obama's plan to normalize relations with cuba. and welcome to a second hour of "happening now". >> good morning or afternoon.

that bombshell calling for reversing half a century of america foreign policy with the communist nation. president obama said it is time to look at a new plan with cuba and led to freeing allen gross and a cuban who bravely spied for us and imprisonned in cuba for 20 years. the u.s. released three intelligence officers one serving life in prison. outrage from law makers from both parties who are vowing to an. one republican calling it another concession to tyranny. james rosen is live with more. hi, james. >> reporter: good afternoon. the white house wants to see an american embassy open its doors for business in havana in the coming months, but critecs and opponents of the president may

use congressional authority to starve such a mission of funding and block a nomination of american ambassador to cub a. president obama telegrapped his normalizing. he liberalized travel rules and last year shook hands with castro at the funeral of nelson mandela. critics wonder why the regime was not forced to address its abysmal human right's record. if you look at the details of the agreement castro gave up nothing. i don't know what the congress is going to allow him to do. he wants to give them the money they want now that the soviet union was gone and venezuela is

bankrupt. >> aides to secretary kerry vow to raise the issue of human rights. >> we have seen a notable decline in tension, cuba continues to carry out arrests of thousands of citizens and we have seen continued issues with freedom of speech and media and those are all issues with the support of many of the programs that we will work on. next month will so the first part of the formal talks from united states and cuba. law makers will be quietly working to a mend the regulation under the department of treasury and commerce to implement the president's plan. >> thank you, james more on g. >> staying with that. what will be the impact of u.s. relations with cuba and lifting the embargo and what changes could we so here and there?

chris wallace anchor of fox news sunday. a lot of folks on capitol hill are not happy. what are you hearing from the republican side of congress that they will do once back in session? >> they will go back in session and back in the majority in the senate and you have people like marco rubio that will be head of the subcommittee in the foreign relations committee and other people who are the head of the appropriation's committee and they will do everything they can through the power of the purse to block the opening of a u.s. embassy in havana and the ambassador to cuba. and there are certain things that congress will be able to do even though the president has authority to block the warming and thawing of relations with cuba. >> congress will not be able to prevent u.s. companies and they

can't do anything about that, right? >> that's my understanding. certain things in the terms of the trade embargo and that is a peeves legislation and despite what the president did on immigration and excutive action they can't. they will be able to greatly expand the number of americans who can go down. there will still be 12 different categories. it is loose, but any tourist who wants to learn about cuba has been able to go down. and there is no question. they will end up giving cuba hard currency in a time when it is strug lung, and two of the named sponsors venezuela, and russia because of the decrease in oil prices might not be able to bail out cuba to the degree they have in the past. >> there is no promise that is people will have more money.

just because our companies and commerce come down there, there is no guarantee they will so the benefit of that? >> no, but that is obviously part of the hope. and the flip side of the argument and two sides to the argument, we have tried the other way for half a century and it hasn't resulted in any full break in diplomatic relations and full trade embargo and it didn't result in lifestyle changes of the cubans and loosening of political restrictions and the argument on behalf of this. we traded with the soviet union in the height of the cold war and traded with china as they were and continue to be a dictator ship. why is cuba different? >> chris, let me ask a question about the pope. it sounds like the pope was not brought you on to convince the united states, but he was

instrumental in convincing cub a. like the united states wanted the deal more than cuba did, your thoughts on that? >> i don't know. but clearly the holy father has influence and we saw this when pope jaup paul went to cub a. despite the communist regime, there are devout catholics and huge crowds that turned out for the pope. and he apparently communicated with president obama, although that was not an issue. he brought it up with the pope when he met the pope last march. but reached out to the castro, the president of cuba and the secret meeting held in the vatican. and yes, the vatican played an interesting role as did canada. it is a complicated diplomatic effort. >> like we wanted it more than cuba and cuba seems to be getting more as a result of this

deal. thank you, chris. tune in this weekend with fox news sunday. he will talk to mike rogers about the latest fallout with sony and potential cyber attacks on american companies by north korea. >> allen gross may be home after serving five years behind bars in cuba. he set up internet access to the small jewish population. and the questions remain over the new policy. chris van halland was a law maker who travelled with mr. gross on the 757 that returned from sha havana yesterday. and he released throw of the so- called cuba five. there were spois released here including one serving life sentences in connection with the

humanitarian mission on 1996. four anti- castro activist were killed in that. ncongressman, was it a good deal? >> yes, it was a good deal in many respects. allen gross was freed after five years in prison. but the exchange for the cuban prisoners including the one with a life sentence, was the release of a u.s. intelligence agent who was in prison in cuba for 20 years and wasted away the rest of his life in the cuban prison. this is an individual who provided very important intelligence information to the united states. information that it helped on our national security. and track down the cuba dealings in the united states. his name cannot be disclosed. he was serving a life sentence.

and he's come to the united states. >> he is an american hero. but what do you say to the family members? the mother of one of them killed, i feel like i was slapped in the face by the president. >> president obama elected him as new king of america. they feel betrayed. >> our hearts go out to anybody who's lost a loved one. but it is also important that the united states not betray the people who have helped to serve u.s. national security interest overseas. it doesn't send a good signal to those who want to sploi the united states with intelligence. they are put in jail and we'll forget about them forever. >> it is important to send a signal and people who provide intelligence will not be left to rot in a cuban jail. >> what about the behavior of

the castro regime. they don't have free elections and they are repressive and not allowing anyone to flee back. and take a look at human rights watch, right now today, the cuban government continues to repress individuals and groups that critize the government and call for basic human rights. it is instilling fear in the public including public acts of shaming and termation and threats of long- term imprisonment. >> has their behavior changed and do you think it will? >> the engagement with the human people is designed to provide more openings in the local level. the whole lit no of abuses you just cited was the result of 54 years of failed policy. our theory was by isolating cuba

we would be able to get the castro brothers to love power and create more democracy and human rights. the only people we isolated are the people of cuba, not the regime. the regime has been sustained. they are in power today surviving eight u.s. presidents. and so i think the burden is on the people who oppose the new effort to say how would orth 5 or 10 years of failed policy, have a different result than the last 54 years of failed policy? it has helped to sustain the castro brothers but harm the cub an people. more trade and more travel and those are the kind of things that open up more space over time. >> finally and quickly. and others say it helps the cub an communist regime and not the people. >> absolutely. who is in power after the last 54 years of our current policy?

the castro brothers. they are sustained and it is the cuban people who are harmed by 54 years of failed policy and let's engage the cuban people. allen gross who spent five years in a cuban jail. he doesn't want to help the regime that put him in jail, but he supports the president's new policy. and congressman, we thank you for joining us. that is going forward in the new year, thank you. it is a big day on wall street. and now it is up 289 points. and keeping interest rates low for the time being. we'll have an update on the market for a live report coming up later on in the show.

>> a montana homeowner was found guilty of homicide in the shooting death. the teenager from germ no. we'll look indepth of what happened and what he did and what the jury said. ♪

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say he's suspected in multiple similar armed robberies. in that state. >> she got a good swing. they come in handy. >> stage is set for a show down for a possible statehood and end of palestinian land. but the resolution may be dead on arrival. the palestinian negotiator said they don't have the support of the members of the security council. conner powell has the latest on this from jerusalem. hello, conner. >> hello, eric. the resolution was drafted by france. >> reporter: there is a potential fire storm for israel and the united states. it calls for an end to the israeli occupation of palestinian land manowed

threatened to introduce it for sometime. and he held off with the urging of the international community. this spring and summer war in gaza. they have argued they can't wait. and israeli settlement expansion in the palestinian territories are growing so quickly in the time of prime minister netanyahu. netanyahu today rejected the move and saying it would allow hams to take over the west bank. publicly the u.s. threat eped to veto the resolution. but they want to see what the language said and what the ultimate final language said. it is backed by france and has strong support in europe. public sentiment turned against israel and more palestinian in recent months. either the u.s. will go against

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>> hey, mom, you know the keep sake ultra-sound pictures taken bite new born babysit, they are flagged bite fda as dangerous.

this is no evidence that ultra-sounds cause harm. they do have an affect on the baby's body. dr. manny alvarez for fox news health.com. doctor, this sounds significant. what is the potential risk for an unborn child? >> the risk of ultra-sound is minimal and the data shoes if you use ultra-sound in pregnancy. they may have 3 or 4 in the pregnancy cycle, but the fda, i think it is late for the game, you find them in malls and all over the country, you pay $300 and there is a technician and you spend an hour exposed to the the ultra-sound and they have no diagnostic. this is just images and there is

a disclaimer. and they say baby photopictures. but the fda and i am glad they did it and they came out and said it is enproement and not a proper utlization. >> it is not the ones that are medically necessary. but we are talking about the fun photos that parents like three d and four d. i so them. and you can buy the additional package for that. why are doctor offices offering that it if it is not medically necessary? >> i find that inappropriate. i do high risk ob. and i deal with medical issues, every day in and out. pregnancy. we tend to think of pregnancy is all fun and games many times. and it isn't. babies do i.

and born with congentittal a nommals. and if you look at mortality of women in a specific age category, giving birth is a main problem we have. i hate when obstetricians simplify the pregnancy to the point that here, if you give me couple hundred more you can put a picture of the baby in a frame. >> they are making money off of this? >> of course, they are making money and the women like it and i understand kwl they do it, but it is inproement and you don't find that behavior in any other country in the the world except this country. >> if you want to get it done safely, what are the questions to make sure someone is qualified to do this? >> the bonding and the fda addressed this. this will bring the woman and baby if you have pictures, the

answer is yes. you can achieve that with the routine ultra-sound. >> some people who are not licensed and doctors. >> don't go to them. >> what is the question to ask? >> if you want to get a picture of the baby, get it from the obstriitition who is doing the ultra-sound. and get an extra picture for your album. >> thank you. eric. >> it is the stock market on ste rods. the fed assured investors that interest rates will stay low for the time being. how will this and changes with cuba affect our money. >> and a homeowner is convicted of killing a 17-year-old german exchange student. he said self defense and the juriy said no. our legal panel will weigh in on that.

>> the state department is delaying the release of the study of the 1953 coup in iran backed bite agency. that coup led to the overthrow of the iranian prime minister at the time. the cia has been under intense skrutny. the state department said the decision to delay the study is

in light of the ongoing nuclear negotiations with iran to stop iran from building a nuclear bomb. >> we are learning more about the massacre in the military run school in pakistan. a newspaper obtaining details of phone calls taking place between the it could gunmen and handlers are believed to be hiding in afghanistan. they were told to wait for the soldiers to come after the slaughter to kill them and blow themselves up. the death toll in that attack 148. most of them were children. >> so what will the change in cuba mean for our money? look at the dow, it is surging throw hundred points. this as the federal reserve holds off raising interest rates. is that the reason? laurie is here. it looks like a bungie cord.

>> perfect, eric. starting with today. markets are ripping as you pointed out. more than throw hundred points and s&p 500 and broad market average in the midst of the best rally in two years and the dow pushing back to the the 18000. federal reserve signalled that interest rates will stay rock bottom for six more months. and the latest news shoved global worries to the back cord. there has been heavy selling. russia, china and western europe and japan. oil prices are under pressure. that is a nice break for the drivers in the pump, it remains to be seen the negative impact on the the u.s. energy industry. and a positive for the markets

today, is the news that president obama is lifting the economic embargo placed on cuba in 1961. it will be a shot-in-the-arm and lifting tourism. we are seeing a lot of cub an stocks rally today. >> and it will show gains on wall street. >> i somehow think that the government will get the money. i don't buy it, we'll see. >> time will tell. >> you can see laurie not only here, but the fox business network. go to fox business.com/channel finder to find out where to get the fox business network where you live. >> the judge is considering whether two wisconsin girls are competent to stand trial for attempted homicide. they are accused of trying to kill a classmate to please a fictional character. state doctors found they were

competent. and but court documents said they plotted for months before attacking their victim in the park. she was stabbed 19 times. one of them is deemed competent so far and the other will have her hearing next. >> in montana, a homeowner faces a minimum sense of ten years in prison after killing an exchange student. the prosecutor said he set out a trap for the 17-year-old high school exchange student from germany. the jury grooed agreed and found him guilty of homicide. >> and joining us is ashley. why was he convicted? >> he was convicted because he had told other people that he had planned to do this and he intend todd do this. the state can show intent. he told the hair dresser and his wife.

and i will get these kids next time they come back. that is evidence of intent and the jorfound it was not self defense. >> the defense claimed it was the castle law. and castle rule. it is in his home. and they believe it was an incursion illegally by the teenager and he was in his rights to actually tragically kill the young man. >> absolutely. that is my sense. i of the surprised there was a conviction because the cast doctrine is broad. the issue is whether or not he was reasonable in fearing that a felony was about to take place in your house. in montana, you don't have to fear imminent bodily harm to use deadly force. you can shoot to kill if you

believe a fell no is about to take place. he sos a strange individual entering his property. and he had believed he was about to be burglarized. i was shocked. >> why didn't he stay in the house and call the police. he had baby monitors and he could so it. and just don't go in the garage and call the cops and don't bring out a shotgun to kill the 17 year old. >> the law in montana doesn't require you to retreat or stay back and call the police. yes, it could have been avoided. but he had no legal obligation to do that. he could have used deadly force if there if he believed it was a felony about to happen.

>> it comes down to the jury the jury is not buying the stand your ground defense at least in montana which is interesting, montana tends to be a stand your ground state and tends to be a conservative jurisdiction and the fact that the jury didn't think it was reasonable or self defense and we think that you had intent to kill the individual is showing that the stand your ground laws may be in imperil. the jury may not buy this theory. to another case. jokar tasarnaev, what is going to happen. jury selection for joka r on jan 5th. >> right. i think the big issue for the defense is whether or not their client can get a fair trial in

boston. they filed a motion asking that he move the trial to orth state. the judge denied. and i personally think he can get a fair trial in boston. the issue is not whether or not they have heard or read or seen anything about the case. you would have had to live under a rock fo to not hear. the issue is whether they can put aside anything they have seen and read and heard and be impartial and make their decision on the the facts and evidence presented to them. i think it will work here as well. >> ashley, do you think it could work. they claim he was under his older brother's spell and he didn't know what he was doing? >> right. they need to have a lot of evident of that. and people in boston and the country are upset.

they better have strong evidence that he was under his brother's spell. and that is a tactic to avoid the death penalty and lessen the punishment. i don't think it will help him in the guilt or innocent phase. it will go in mitigation and why he participated and help them avoid a death sentence which is the goal at this point. >> we'll be be watching that. thank you for joining us. >> thank you. >> eric, while you were speaking just then, we have a fox news alert. josh earnest announcing that president obama will hold a year end new's conference. there will be a lot of questions that people have of the president including cubbia and normalizing relations with cuba and was it a prisoner swap? and did we get a good deal and also about north korea and sony.

we'll so if the president will address that and monitor the briefing from washington that is attacking place. more as we get it. >> biggest stars are saying about sonny pulling the plug on the movie the interview after terrorist attack from hackers. and what happened when we tried a literal pursuit of happiness. we'll talk about that, next.

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>> stun guns and police. reviewing the case of a 28-year-old man, cody robert healy and he died after being tazed by the police five times. it happen after police say he resisted arrest. he was behaving improperly in front of a school. this comes after a tazing of a 76-year-old man by an officer in a traffic stop. both walked back to the rear of the vehicle and the officer attempts to place mr. va squez under arrest. a struggle ensowed and both the officer and mr. va squez goes to the ground. the officer deployed his tazer. >> he was not charged or sighted

forever wrongdoing. he was tazed twice by the officer off doubt now and on paid love. >> there was a national mood ring supposed to gauge how happy we are. douglas. tell me we are not paying for this as taxpayers? >> reporter: that's right. pursuing happiness old as mankind itself. and now modern technology may have a way to measure that pursuit. ♪ >> reporter: ancient said people want to be happy. and to the mathmetician it is no longer. you are using a computer allegor rhythm to track? >> hundreds of people communicate on line and we measure how happy they are.

>> reporter: he calls it a computer program that is a brain child of a fellow social scientist in the university of the vermont. it applies happiness and love and laugher and smile and unhappiness to words like pain and sickness and death. >> we use billions of words on twitter to measure where they are up set or happy. >> reporter: the saddest day in america was michael jackson's death. and happiest when president obama was elected and located the happiest place in new york city. not surprisingly central park. unhappy is 118th street and 7th avenue. it is a desination that is not sitting well. >> i don't think that is right.

this is a happy corner. joishgs this corner is the unhappiest computer to new york city. >> they are loyars. >> why? >> we are happy. see, are you happy, sir? he wouldn't lie. i just met him. >> reporter: you are not getting a great reception where people disagree with your allegor rhythm. >> obviously they are tweeting the negative words. joishgs they are trying to weed out a few bad apples. why do you think that taxpayers would be on the hook for this? >> it seems like a dopey thing to do. but it is parents in the university who are on the hock for kids doing that. thank yous a lot. >> i am sure the romans did that before the down fall. >> what are you happy rate

vermont sandwiches. they have turkey and green apples sliced thin and cheddar chose. that makes you happy. >> i didn't know, thanks. >> the movie intlu. stars are sounding off in hollywood. we'll show you what they are saying about sony'sdition to cancel the release of that film and what the stars have to say. nasa needs your help. they want to name a curator. we'll tell you the rules on "happening now". you park your car. as you walk away, crunch! a garbage truck backs into it.

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it's kind of close to the sun, but this contest has some rules. the name has to be an artist, a writer, or a composer that has been famous, though, for more than 50 years and who has been dead for at least three years. that rules out john lennon. he already has a crater. that name won't fly. here's some suggestions. how about frank sinatra, hunter s. thompson, or maybe frank zappa. i don't know. >> could i name one after you? >> i have to be dead. i got to be dead. >> all right. well, dwoept want that then. we don't want that. >> i have to be dead. famous for more than 50 years, and after i'm dead and famous for more than 50 years, then go ahead. >> will do. more to come on that one. hollywood heavyweights weighing in on sony's decision to cancel the release of "the interview" a week before its premier. sony giving into pressure from the hackers who threatened attacks on theaters. the fbi believes those hackers originate in north korea. julie bandaras is here with a fox 411.

boy is hollywood mad about this. >> oh, my gosh, they are peeved. >> first, north korea fired off calling the despecks james franco and seth roguan expressed his outrage writing "i think it is disgraceful that these theaters are not showing "the interview." will they pull any m that gets an anonymous threat now? adding "ae wuls don't know it's a did hes gruntled employee or a hacker. do we think north korea has troops on the ground in the u.s.? ridiculous." rob lowe went on as far as -- "saw seth roguen at j.f.k. both of us have never seen or heard of anything like this. hollywood has done neville chamberlain proud today." newt gingrich said in one of his tweets, "no one should kid themselves. with the sony collapse, america

has lost its first cyberwar. this is a very, very dangerous precedent." and steve carell added "sad day for creative expression. fear eats the soul hash tag." albert brooks says "city of atlanta demands all remaining prints of gone with the wind be destroyed." clearly for many in hollywood, this is no laughing matter. we shall see in which form it will be released. there's rumors perhaps on demand. a pay-per-view kind of thing. it could gain sony more money than release it to theaters because it's there for indefinitely. >> i would like to see it. thanks a lot. good to see you. >> yeah. that's true. >> a lot of people at their homes for the holidays, and it takes a lot of work to do that. there are thousands of light bulbs and christmas ornaments, but your lighting might be visible from a lot further away than you ever thought. can you help me up?

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take a look at this. these images from a satellite used to study weather and geography. >> it was brighter between black friday and new year's day. love it. all those l.e.d. lights make it even bright are wresh. >> that's great. love it when they do that. thanks for joining us. >> the real story starts right now. we kick off the show with a fox news alert. there's a new chapter in american foreign policy after president obama's historic announcement that he plans to restore diplomatic ties with cuba. and cuban president raul castro going further calling on the u.s. to end its trade embargo, which has been in place since the island nation turned to communism more than 50 years ago. hi, everyone. i'm gretchen carlson. we are here to bring you the real story today. casts row's request would require an act of congress, and so far there's plenty