♪ >> brian and arthur. >> there you go. >> ho, ho, ho. bill: good morning. there is new video of the new york city police shooting suspect hours before assassinating two officers. this is the video. the nypd putting it out. i'm bill hemmer. welcome to america's newsroom. a big welcome back to our friend momly line. >> reporter: the grieving families of the officers speaking out about their loved ones. protesters are rejecting the

mayor's request to put off protests. >> i'm asking every one to put aside protest and demonstrations until the funerals are past. let's focus on the families and what they have lost. that's the right way to build toward a unified and decent city. bill: how significant could this security video be? >> reporter: it could provide some important clues. the security camera video is from a shopping mall not far from where the murder took place. two things to note. you can see ismaaiyl brinsley is on the phone. police will want to know whom he was talking to and what he was saying. you can see he's carrying a small plastic bag. inside that bag was one of those

stay row foam boxes cops say was carrying the murder weapon. cops are also interested in following brinsley's money trail. >> where does he get his money? he's a couch crasher. he doesn't seem to have a residence. but he seems top have money, cashing $100 bills. so we are check all of his relationships. >> reporter: for the moment cops say they believe ismaaiyl brinsley acted alone in his murderous rampage. an emotional few days ahead for the entire new york city population and of course most of all its police department. hundreds of new yorkers have made the pilgrimage to the spot in brooklyn where the two

officers were murdered. thousands are expected to line the streets saturday for the first of the funerals. that of officer rafael ramos. the funeral arrangements are being made for officer wenjian liu because some his relatives will have to travel from his native china. last night we heard an emotional statement from sister liu's widow. >> this is a difficult time for both of our families. but we'll stand together and get through this together.r: officed his family came to the united states from china almost 20 years ago to the day, christmas eve, 1994 they arrived. in the word of his family, to pursue the american dream. bill: jonathan hunt here in new

york city. thank you. >> reporter: as the heartbroken relatives grieve relatives and strangers have been visiting the memorial. they spoke about how they want him to be remembered. >> the most beautiful person in the world. he couldn't compare to anybody else. you could call him any time, ask him for anything, he was always there. children are in college, he was an awesome man. i want people to remember him as a human being with a heart of gold. bill: the daughter of eric garner is calling for peace everywhere. before he assassinated two officers he said online the shootings would be a retaliation

for garner's death. his daughter says he was a peaceful man and violence is never the answer. >> we can let our voices heard but violence is not the answer. we have to move as a unit. we are not anti-police. we work with the police. there are bad cops and good cops. unfortunately this tragedy happened. bill: eric garner was the one who died last summer after being put in a choke hold during an arrest in staten island. >> reporter: last night our own bill o'reilly spoke out about the mayor's response to this situation. bill: you have a mayor who comes in, bill deglass yoa. he's far left individual who is incompetent. he cannot run the city of new

york. he was elected in an election in new york city where few people voted. he's a machine politician and he's an anti-police individual. now he's in trouble and is trying to backtrack but he's been anti-police his whole career. >> reporter: we'll have much more on mayor deblasio next hour. bill: sound off on twitter. are you at molly line fnc? >> reporter: yes. bill: the house committee report uncovering emails before the election of 2012 showing that deputy commissioner steven miller considered going public about the irs targeting of groups but ultimately decided against it.

byron york. the facts about miller and his role. what can we say about that? >> steven miller was the deputy commissioner of the irs. in early 2012 he knew of something funky was going on with the targeting of conservative groups. in march 2012 every commissioned an internal investigation to see what was going on. he's scheduled to testify before congress in july of 2012 and he thinks out loud, maybe i should tell them about this targeting of conservative groups and he quickly gets the word back, no, no, no, don't do it. and as we know the irs did not reveal the targeting of conservative groups until 2013 after the election. obviously july 2012 the heat of the presidential campaign --

what if this news comes out then. i'm not saying it would have changed the result, but it would have been and huge controversy. president obama and the democrats running for reelection would have been on the defense. the irs would be have had less time to mount what some are saying is a coverup. bill: the democrats say this report is a way to cherry pick information. what about that argument against republicans? >> we heard that accusation allot from darrell issa. this is his last report. he's leaving the chairmanship of the committee. it will be taken over by jason chaffetz. i think it's widely conceded that the irs while it does target many liberal groups they

targeted more conservative groups for their beliefs. that's a fundamental fact. bill: this story is still going on. >> remember talk about lois lerner's emails that were missing? now it appears the irs may have found them on a backup tape. the new committee under representative chaffetz will be going through those and this could last well into 2015 and 2016. bill: 9 minutes past. >> reporter: this word that north korea's internet access is back up after an outage yesterday. many suspect that as being retaliation against the attack on sony. what impact did that interest in the cutoff have in north korea? >> reporter: the internet was down or severely disrupted for

over 9 hours. there was also some disruption over the weekend. the impact was limited because only the elite have access to the internet. they have an intranet in north korea where they have government web sites and a cooking channel. but all those westerly severely disrupted. but it is a tech society. they do have smart foreigns but no internet on those smartphones. bill: what response has there been from pyongyang? >> reporter: there has been no response at all. usually they pump' out their propaganda center quickly. we saw it straight away after the cyber attack on sony. it may be as vitriolic as we

have seen earlier in the week. there may be a response perhaps of another cyber attack. >> reporter: it will be interesting to see if it's back and forth. bill: we'll see what happens over the holiday and where they place blame and can they prove it if they can. the president's plan to shut down gitmo could be taking a hit. the man charged with removing guantanamo detainees. >> reporter: an airline worker handling luggage is facing federal charges. bill: has the mayor lost the support of new york's finest for good? >> it's wrong. they shouldn't do that. it's immoral, it's nasty, it's negative. they should not do that but they are not the majority. stop portraying them as a

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molly: a baggage handler in atlanta facing federal charges after the fbi says he helped transport a lot more than luggage. he's accused of trafficking smuggled guns. >> when i think all we passengers had to go through.

i would expect him not to be putting illegal guns in bags. bill: 15 past. the state department's envoy to guantanamo bay is leaving that job. clifford sloan is in charge of the release of detainees including the four sent back to afghanistan a few days ago. he ran the prison for 18 months. but his big duty was the transfer of detainees which as you know is the president's first priority. what does this do to the effort to close gitmo. >> the timing of this is strange. it's always possible he's resigning for the stated reason that he wanted to spend 18 months and that time is over. but the administration has been

making extra efforts. you might as well take all 9 and extend them trait to al qaeda global headquarters. i think the president remains committed to closing gitmo. we have got a new secretary of defense nominated. we'll have a confirmation hearing in january. that could be interesting. bill: plus we have a new cuba policy. do you think that's involved in this? >> gitmo is not just the prisoner cam we have had since 9/11. but for the left in latin america and the united states the very existence of the naval base at guantanamo bay coming after the spanish-american war has been used as a symbol of yankee imperialism.

i would wonder if the president's real strategy is close the prisoner detention facility, normalize relations with the castro regime and give them back the whole guantanamo bay territory. bill: that would be something else. these four who went back to fan *, from what i understand there are no restrictions on their movements. why would that be? >> i think they are desperate to get people out. the the same applies to the five sent to uraguay. once they go they are not coming back. the notion these nine are low-hanging fruit. the last 100 people at guantanamo are the hard-core of the hard-core. i think you have a high rate of these people returning to the battlefield against the united states. i think this policy is contrary to our national security and the

secretary of defense will have to answer for this policy. i think if i were in the senate armed services committee chaired by john mccain and the new congress, i would put that at the top of questions. carter is billed as someone who would sand stand up to the white house. bill: i think you see a steady stream and dribble of detainee leaving. you have 104 left of which 64 have been approved already. that gets you down to about half. >> the risk these people pose to american troops and american citizens around the world. that was the hangup with hail. he was not about to sign off on a lot of these people. that's one of the reasons probably hail is about to become the former secretary of defense.

bill: ... >> if you don't care about the impact on national security you could let them all go tomorrow. we know we have a high recidivism rate of the detainees released already who were less dangerous than the ones still there. we need to get this back into the national debate. i suspect ash carter's confirmation hearing in january will help do that. bill: thank you, sir, john bolton from washington. molly: russia's economy on the verge of collapse. a big bailout on the way. what does it mean for russia and the west. bill: a weatherman shot outside of his television station speaks out. he shares his story about the

moments before the shooting and his recovery. >> i don't know where i would be without these people around me to help me feel a lot better. things are improving. i'm slowly getting better.

bill: this meteorologist patrick crawford has been recovering in hospital since he was shot outside his television station. he didn't say anything to me. there was anyoner action. he just started shooting is a was leaving the park lot. there was no interaction. i did not know him.

hopefully the description i gave the texas rangers and the police. >> no accident. he's wearing that superman t-shirt. he will make a full recovery. knowledge measures being taken to rescue the economy backing vladimir putin into a corner. now joining us, melissa francis. how much trouble is russia in. the equivalent of $551 million for one bank. >> they are going through the same financial seizure we did at the beginning of the financial crisis but they couldn't have

the ability to back stop it. but it's tough. the value of the ruble is plummeting. no one wants to lend to each other. it's a seething of their economic life blood. it's serious. molly: president obama's approval rating has been high in spite of this. >> reporter: money cuts to the heart of everything. it's a question of what putin can do. they have to back stop this problem. that means you need serious investors to get involved. i don't know how you are going to do that. on the asset russia has is oil. that's what caused this crisis, the plummeting in the price of oil. return didn't have anything left to sell. and don't forget about the sanctions. folks who put on the sanctions

are taking a lot of credit saying look it worked. china could come in and help. they bought a lot of our debt. by unless a predicament. molly: how quickly will things continue to fall? we have seen more and more bailouts. >> once it starts and people panic, the panic continues. every came out of recently and said this is is a minor crisis, we can turn it our in two years. when you have get somebody like puff continue who is so strong and so dangerous and you back him into a corner. what kinds of desperate moves does he make. meanwhile you have the saudis saying, you know, this would never happen to us. we always save for a rainy day. we know oil can't be counted on to stay at the same level forever. sow we can withstand this and

russia cannot. molly: you temperature plays the the blame game. what can he do here? >> reporter: he has to find a way to stabilize the government. you can never count him out. he's a smart and serious man. molly: you can find melissa on the fox business network. 2:00. bill: she is all money. melissa. money, we have got them all. why the new republican majority leader mitch mcconnell says his biggest challenge may be changing the attitude his own party. a huge winter storm slam can the west. this mess is just in time for christmas eve.

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bill: australia said to be back on high alert in the wakes of last week's hostage crisis. the prime minister he tony abbott says they have seen a rise in chatter. meanwhile a service is being held for the last two victims of that siege. they were killed as security forces moved in to end that crisis. molly: 2015 expected to be a big year for mitch mcconnell. he's take over as senate leader after the big win in the mid-terms. his biggest goal is turning the

republicans into the party of yes. sadie is a former media spokes for president george w. bush. how big is this challenge mitch mcconnell faces? republicans don't always agree. what can he do to move things along? mercedes? >> what we know about senator mitch mcconnell is he's devoted to the institution of the senate. he wants to follow this regular order, give each senator a voice, unlike senator harry reid where he basically different was all about raw power for senator reid. he would make sure they don't allow amendments to go through and limit debates for senators. for senator inch mcconnell

it's his way to take it back to where the founding fathers wanted it. slow it down and allow each senator to have a voice. that creates a challenge with senator ted cruz. but you will see senator scrus align himself -- senator cruz align him well with senator mcconnell. molly: some of those senators have clear voices and they are not afraid to use them. how can you get them to say yes and agree on them? >> george mitchell referred to it as herding 9 cats. when i worked in the senate in 1999 mitch mcconnell was a juneor senator. he's interested in restoring the value and significance of the committee process. he's going to allow the

amendments on the floor and he will keep the senate in session a lot longer than others have. molly: he has had the opportunity to see how other majority leaders operate. will that experience help him out? >> absolutely. he's been there for a long time. i think he has been waiting for this moment for a long time. i think he will hold the republicans in line at the same time work together in bringing democrats forward. i weo -- i remember this one st. it was senator membership mcconnell who called over and said does anybody want a deal over there with tax cuts. he will need to bring along the senator ted cruzs and the mike lees. but he understands one of the

important keys will be the budget reconciliation process. we can push forward a republican agenda. they want congress and the snoot govern and h -- --congress and o govern. molly: he has been looked as a no guy to thwarts legislation. what will he have to do to work department krats as well. he's saying all the right things but for the last six years he has been the senator of no. he has to start early with things that get democratic votes. he will get democratic votes on the keystone pipeline and terror reinsurance. the other variable that the leader has that nobody talked about yet is presidential politic.

not on is the senate full of ego, it's now full of people who get up in the morning and shave and hum hail to the chief and think about running for part. that will add a twist for him that will be difficult to manage. molly: people are already thinking about 2016. when we talk about moving forward in the new year, is there an opportunity for a fresh start? we talked about this fresh start. the trick here is not just getting republicans to agree but to get the president to sign it as well. >> that will be a big challenge. the keystone pipeline, there is a good chance the president might veto it. and this is bipartisan legislation. this is something senator mitch mcconnell worked with several democrats to insure this legislation will get through. it fell short with the vote in the last session. but i think it has a chance of passing this time. i think what senator mitch

mcconnell wants to do, he wants to put the pressure on the president. he wants the president to go forward and say we are going to push forward this legislation. and you will have the chance to veto or not veto. molly: robert? >> the president is not going to stop governing. the art of politics is the art of the possible. the pure ideological play you can do in the house of representatives doesn't fly in the senate. it's that saucer where politics cools that you can develop legislation where all 100 senators feel like they had a say in the process and get something to the president to get the president to sign for the greater good or he doesn't sign it because it's philosophically opposed to it and then the senate can override it. bill: merry christmas to the

investors out there in investor land. the dow 30 just crossed 18,000. that's rare air. the u.s. economy grew at a 5% rate between the months of july and september. that's the 23569est quarterly growth wee have seen since the summer of 2003. so decent news there and certainly for the u.s. economy, we are the shining star on the hill when you look at all the trouble he was just talking about. the news about russia and on and on it goes. above 18,000. we'll see if we close there today. it will be some history. republican governor jan brewer is getting ready to leave office. she is a hero to many in her state for taking on the obama administration on immigration and healthcare.

the governor making this infamous moment on the tarmac in 2012. i won't imagine she has many regrets. is that one of them? >> no, no regrets. that photo was symbolic because it didn't need much explanation. brewer has been a thorn in the side of the administration for six years. she had no college education. she is a former building superintendent who pumped i have to lets and disposals to put her husband through school. she wrote a book. one chapter recounsel her meeting with president obama in which she claims he was dismissive and arrogant. he did not like that which led to the showdown on the tar knack in 2012.

>> reporter: do you regret waving your at president obama? >> no. i told him we need our borderers secured and he walked away from me. >> reporter: she claims the finger pointing was spontaneous. bill: what where what does she do now? >> reporter: republican governors like brewer have a problem because they say they don't like big government. if government takes a lot of money they look like a hypocrite. brewer campaigned against obamacare but when the feds damaged money for state medicaid she bit. >> they are more and willing to have their hand out even though you are criticizing the federal government for spending too much

money. >> a lots of those things we are delivering services for are man dated on the state of arizona. >> reporter: she'll stump for a 2016 candidate, and she won't say who. molly: as christmas gets closer some areas are getting white christmas while others are getting all rain. the storm could put a damper on holiday travel. bill: police turning their backs on the mayor of new york city. we'll talk to a former commissioner here in new york about the rising tensions next. >> it starts on the steps of city hall in the office of the mayor. what if one push up could prevent heart disease? one. wishful thinking, right? but there is one step you can take to help prevent another serious disease-

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>> i don't see reports on the everyday cops who do the exemplary things no matter what invective is hurled at them. i'm telling you over again, i'm telling youover again that's how you want to portray the world but we know a different reality. it's wrong. they shouldn't do that. it's immoral, it's rock, it's nasty, it's negative, but they are not the majority. stop portraying them as the majority.

bill: the mayor bill deblasio trying to mend fences as a tense relationship with police becomes even more tense. how do you think he's handling this? >> i think he's moving in the right direction. one thing i do agree with the mayor, it's time to heal and bring together the dissidents and the police. but it's very important now that the mayor reach out to the police and the police unions and recognize what we all recognized from the beginning in law enforcement, that the vast majority of police officers do their job well, and to broad brush police nationwide and the best police department in the world, the nypd as being racial and brute allan income tent is just wrong and we need to fix that. bill: based on his campaign for

mayor and what he has said, can he do that? does he have it in him? >> i hope he has it in him. that remains to be seen. he created this. the attorney general and the president by spewing this kind of rhetoric about you having to be afraid of police if you are black is just wrong. we have hundreds of thousands of arrests every year in which nobody is injured or killed. we have millions of contacts with the police, and those contacts turn out just fine. bill: there were loud voices saying he should resign. are you one of them? >> i'm not one of them. the mayor was elected through a legal process. he's not going resign. i think he should recognize he's in charge of the greatest police department in the united states. they are diverse, they are

competent, they are not racist,er in not brutal. and that's the message he has to get out. if he doesn't he will have a long three years. bill: the other day when the police officers turned their backs on him, did you support that. >> i don't support rudeness but i understand what happened. police officer morale is very low. even commissioner bratten said that. they are frustrated. it was their way of showing he does not have the support of the rank and file of the nypd. bill: when you think about people all over the country in this city wearing nypd on their hahats and shirts and now you he the level of tension you see between different forces of our society. it's an amazing shift. and it's sad, too. and that's what has to be fixed.

>> you have to think back to 1990 when there were or 2,000 murder in new york city. this year there will be over 300. think about the 0,000 car thefts in 1990, now there will be -- think about the 20,000 car thefts in 1990 and now there will be 8,000 this year. they have given literally their blood to bring the violence down. >> can you point out to me one mayor that has not been battleling with the police unions in the last 50 years? name one. name one. so the experience of this man in terms of some cops not liking him is nothing new. it's part of life. it's part of politic. it is what it is. this is new york city. we voice our concerns and we

voice our opinions. bill: what do you think of bratten? >> he's a great police commissioner and he's a friend but i have to disagree with him a little bit on what he just said. it's true most police unions and mayors have battled over the years but they have not battled over policing. they battled over wages. this is not a battle over wages. this is a battle over political will and political support. and that what's the mayor doesn't get. bill were stop and frisk is policy. you know time after time we heard the comment about how he's instructing his son how to act when engaging with police officers. that's a conversation thatter parent in america has with their child, black, white, hispanic. you respect authority, period, and that's exactly right. the fact is, if eric garner and michael brown had done exactly

what you just said, we wouldn't be sitting here talking about this. bill: showered -- howard safir, thank you. 10 minutes before the hour. molly: it was a bowl game that ended out in a brawl. >> reporter: now we are getting fight on the field. molly: a slugfest on the gridiron. bill: wear the helmet. without the helmet a big winter storm will hit before christmas eve. it will be temporary. ♪ happy holidays

bill: the dow for the first time ever is above 18,000. look at that. up 60 points a moment ago. so we'll see. >> people have a lot of presents to pay for. now a fox news extreme weather alert. and winter storm sweeping across the country. it already slammed the west with snow and ice. one person even resorting to skis to get around.

the same system could create a mess for millions of holiday travelers. maria molina live in the fox weather center. >> some people would be happy to see this storm christmas day. but unfortunately this storm system will produce all kind of headaches because we'll be looking at travel delays, flight cancellations and not a lot of snow with this storm system. it's too mild across portions of the east to be looking at snow coming down. so we have two pieces of energy across parts of the lower 48. we have one impacting portions of the midwest and the northern plains. we have snow coming down across portions of northwestern iowa. and nebraska. and another impulse across the southern plains bringing in the showers and storms san -- stormg across portions of texas. it will be producing heavy rainfall totals across portions

of the east coast. 6 inches of rainfall will be position across portions of the southeast. we have some flash flood watches. we also have a severe weather risk across portions of the gulf coast through this afternoon and evening the risk for damaging wind gusts and isolated tornadoes for states like louisiana, mississippi, alabama and portions of the florida panhandle. take a look at what happens. by tomorrow the storm system intensifies. very strong wind gusts as well and on the back side of that system, good news for some that are hoping for snow on christmas day. we'll see the snow coming down across portions of the western great lakes and the midwest. molly: a lots of mess, a lot of muck. thank you, maria. bill: am i getting home

tomorrow? new york to yoa. -- new york to ohio. molly: you will have to recruit stan on that one. bill: thanks, maria. north korea losing the internet nationwide for hours. how did that happen? molly: military support for president obama fueling a new low.

bill: 10:00 here in new york city. north korea in a whole different kind of blackout. the country was knocked out off-line, days after the president vowed, quote a proportional response after the attack on sony. what is behind this. i'm bill hemmer. merry christmas to everybody at home, happy hanukkah. >> i'm molly line in for martha maccallum. north korea internet service is still spotty though it doesn't have much of a network to begin with. it follows accusations from washington that the rogue nuclear nation was behind the cyberattack. bill: dan springer in honolulu with president obama's vacation. is this pay back? what can we say, dan? >> reporter: if it was retaliation by the u.s. the president and his administration are taking the fifth amendment on this one. there has been a lot of

speculation this thing hit this afternoon that this could have been some sort of a payback. it could be at very least a message sent of deterrence. north korea has shaky internet service all to begin with. something yesterday was a total crash. for 10 hours the government was off-line. state-run media was shut down. service is slowly coming back today. the white house will say nothing about the situation. spokeswoman at national security council said in a statement yesterday, we have no new information to share regarding north korea today. if in fact north korea's internet service has gone down, we refer you to that government for comment. here is what the state department had to say. >> we aren't going to discuss, publicly operational details about the possible response options or reports on any, except to say that as we implement our responses some will be seen, some may not be seen. report report the president, bill as you mentioned in the lead-in, before he came here to

hawaii for two week vacation said the u.s. would have proportional response to the hacking attack of sony which they laid sway squarely at the feet of north korea. was this the work. united states? we don't know. bill: how do they answer the question of possibility of north korea retaliating yet again? >> reporter: north korea has been all over the map on this first they denied any involvement in the hacking of sony. then they came out put out an olive branch to the u.s., we'll help you with a joint investigation. we'll help you find the real hackers. but then yesterday they took another turn and threaten ad harsh response against the white house, pentagon and the u.s. mainland. the state department called on north korea to cool down the rhetoric. that was yesterday in a news conference with the state department. they said look, north korea, just calm down. and, so right now we're at a standstill. of course north korea has been out there saying stuff for a long time. we just don't know where they're at with the issue. bill: got it, dan. up early today in honolulu.

thank you, dann. molly? >> here in the u.s. some folks get upset if they lose the internet for a few minutes. in north korea most people never even noticed when the web went dark. the country has only 1024 registered internet addresses with access to the outside world for a population of 25 million. in south korea, they have around 112 million connection points for a population of 49 million. here is perspective. here in the u.s., we have about 1.5 billion, billion, ip addresses for a population of 320 million. bill: perspective there. >> we're on line. bill: south korea is on the alert. north might be responsible for a hack attack on one of its nuclear plants. a hydro nuclear facility was hit but no critical data was stolen. south korea asking the u.s. to help on that matter. north korea has been blamed for other attacks on the south including a major attack on its

banks and media companies. >> the supreme court oral arguments now set for march 4th in a pivotal obamacare lawsuit. at issue, whether the obama administration is improperly providing tax credits to millions of people in more than three dozen states who purchased insurance through the federal exchanges. jonathan gruber, the obamacare act tech who called americans stupid, is set to play a key role in the battle. steve hayes, senior writer for "the weekly standard" and fox news contributor joins me to talk about this steve, thanks for being here. >> morning, molly. >> let's get started. is this about language? the plaintiffs argue that the law restricts subsidies to state exchanges which would cut off federal paints in these exchanges in more than 30 states. is this just about language? >> well to a certain extent it is about language and certainly the plaintiffs would like it to be about what they believe is the plain language as the statute which does as you describe. i think obamacare proponents

would like it to be a bigger fight about deeper things. and that would include what they describe as the legislative history here. and that is where jonathan gruber comes in and complicates matters. the obamacare proponents would like to talk about everything other than the plain language of the statute which i think pretty clearly makes it evident that the states that people, enroll through the state exchanges are only ones eligible. those who enroll on the federal exchanges are not eligible. proponents would like this to be the obamacare history and group group's comments are not help if you recall. ask. >> his language is in some of the plaintiff's language put forward. they're making an argument what he said. >> the plaintiffs would like to make a simple argument. they would like to say, here is what the law says, very clear people who obtained care through federal language are not eligible for subsidies, period, end of discussion. beyond that if the conversation

goes broader and most certainly willing given what obamacare proponents are arguing, then you have the plaintiff saying in effect, look jonathan gruber, an architect of the law what they tried to do was incentivize states to create to set up their own exchanges saying they would withhold subsidies from citizens of those states that didn't do that this is where jonathan gruber's arguments and his public comments will be especially important. if you're trying to build a case around that legislative history, around the intent of the authors of the bill, gruber's comments will be very relevant. >> they're making an interesting argument here really about context. how much will they delve into that legislative process, not just gruber of course? >> i think they will try. certainly those who are going to be defending the statute, as i say, they don't want to have it, they don't want to have debate what the statute actually says because i think, it is pretty clear that the statute says that those who get their care through

federal exchanges are not eligible. they want this to be about bigger issues. they want this to be broader. again, those, the plaintiffs have a pretty strong argument there, citing gruber. citing other. >> thank you, steve hayes. "weekly standard." will be interesting to see what happens here. there could possibly be a decision as early as june. thank you. >> thanks, molly. bill: there will be more u.s. forces sent to the battle in iraq. the pentagon sending 1300 additional troops next month, part of president obama's buildup of quote, non-combat troops to help iraqi forces in the war against isis terrorists there. national security correspondent jennifer griffin live from the pentagon on this when do we expect next troops to arrive in iraq, jennifer? >> reporter: bill, this is the ninth new year since 2003 that u.s. troops will head into iraq. the next tranche of 1,000 u.s. troops from the 82nd airborne are slated to arrive in iraq at the end of january. the u.s. mission is still

relying on airstrikes. this video released by central command, shows an airstrike occurring december 18th against as vehicle borne ied or car bomb, where the yazidis are still surrounded by isis. the amount of explosives created by the vehicle, created a blast intense enough to momentarily black out the video according to the centcom release. >> amnesty international is out with a new report going on in isis-controlled areas. it contains shocking details, jennifer. >> reporter: it is shocking, bill. the treatment of girls and women by isis fighters is so disturbing. description of 12, 13, 14-year-old girls sold into sex slavery by so-called islamic fighters is so deplorable. the amnesty report is based on first-person accounts of 20 minority yazidi girls who escaped captivity. torture, rape, other forms of sexual violence suffered by women and girls from the iraq's

yazidi minority abducted by the armed group called islamic state highlights the savagery of isis rule. five months after the u.s. got involved in iraq, under the pretense of helping the yazidis who were facing genocide at the hands of isis on mount sinjar, five months the pentagon confirmed that some yazidis are still trapped on mount sinjar facing certain death from isis. u.s. planes have not been able to protect the i can't seed differents and they have not been able to rescue them. they are telling the girls to cover themselves from head to toe and in areas they control, they are eliminating any women from public life, bill. >> going to be a big deal in the new year. jennifer griffin from the pentagon this morning. molly. >> new poll showing what our troops think of the commander-in-chief. the numbers not good for president obama. what he could do to turn around the record low approval numbers.

bill: they're planning funerals for two murdered police officers as the mayor bill de blasio faces major fallout. some are calling for him to resign now. former new york governor george pataki joins us with more on that in a moment and this. >> you look at what's the rhetoric of the last few years from obama, holder, de blasio, it is all been anti-police. it is tragic. forgive me if i get emotional here but i've been to too many police funerals.

♪ bill: classic from joe cobber at woodstock of the british singer passed away yesterday after a battle with lungs cancer. musicians reacting to his death. ringo starr tweeting, good-bye and god bless to joe cobber from one of his friend, peace and love. steven tyler, we love you forever. miss you always. rest in peace, joe cobber. a music legend. enormously talented. never made the hall of fame. joe cobber liveed -- joe cocker lived the life. the dead at age 70. >> is a survey by the military times find 15% of active duty

servicemembers approve of the president's job as commander-in-chief. that is it compared to 55% who say they disapproved. why is this happening? retired general jack keane is chairman of institute for study of war and fox news military analyst. thanks for joining us here this week. >> glad to be here, molly. molly: is this about a loss of confidence in the president? >> basically the same issue that the general population has but with the military it is pretty specific. first foreign policy, there is a loss of confidence in that policy as it pertains to iraq, afghanistan, syria, the rise of isis. certainly the power grab that putin's been exercising in crimea and ukraine. but, it cuts really deep with iraq and afghanistan because our troops have been obviously personally involved there. their families have sacrificed. they have lost teammates. many of them, tens of thousands have been wounded themselves as a result of conflict the last 13

years. the issues are obvious. one is that given that sacrifice they resent we just walked away from iraq, did not leave our troops, disengaged with the political growth of iraq and they know it gave rise to isis. and it begins to squander the sacrifices they made. also in afghanistan, the fact is, in afghanistan they know that president obama did not give general petraeus and mcchrystal, all they wanted, 25% less and pulled them out after having some success after a year. they know now the president announced he will pull owl the troops out of afghanistan in 2016, similar to what he did in iraq. many of the troops that have been there believe it will doom afghanistan to the same fate. so those are very specific issues for them as it pertains to foreign policy. molly: when you talk about that what is happening in the world right now, is there an opportunity for these poll numbers to go up, given what we're seeing with isis? is there a turnaround point

where the troops might be rallied behind the commander-in-chief? >> certainly, yes. but they see the same pattern. right now with isis we're not committing all the forces. they know that combat brigades, at least in the near term are not necessary but they know there is a weak hand that we're playing in syria and also in iraq and they need more forces to assist those indigenous forces. we're going at that very incrementally. that is a pattern they have seen before and it is very disturbing to them. the only other thing that bothers them quite a bit, the budget is being slashed so dramatically. affecting quality of their life of their families on the military bases. every function of every service is being cut back. also their pay raises have been held at 1% which is less than inflation. >> so this is about spending priorities as well? >> uh-huh, very much so. and the spending, forces the cutback in the size of the forces. so many of the troops out there

who intended to make careers out of the military, in fact are being denied that opportunity because tens of thousands of them are being given pink slips. this career they thought, given promises that were made, i mean these are promises that are tenuous at times. they know it is is not a permant promise but had an expectation that they would be able to make a career out of it and now that is being denied them. it is frankly for financial reasons. the budget is being cut. it is president and congress doing sequestration. i understand there will be revisited again, at least senator mccain is indicating that he intend to bring it up and hopefully he is successful cutting back on sequestration. molly: not just our military but so many people around the country look what is happening in the world and they don't think the world is beginning to become a safer place. when we talk about people not being able to be lifelong military members if they want to, is that a part of this? >> yes. the military looks at the world

very tim lar to the way the american people do. i think they're, the issue of foreign policy is about the same. there is a general loss in confidence. i think the other thing that makes it very specific for the military is the quality of life issues they have as a result of budget clashes and feeling the sacrifice they made may in fact be squandered. molly: they're getting that from looking at current events, look around the world? >> absolutely. they know the united states has disengaged from the world and as a result of it, the, the opinion of the united states is probably at its lowest it has been certainly in their generation, given their ages and, who is in the military from 19 to about 40 and that is a very dramatic change for that generation. >> general jack keane. a little insight into what our troops are thinking and feeling and those numbers for the president. bill. bill: thank you, pollism general, thank you for a great

year. always reliable. new fallout in the irs scandal. showing more deeper ties to top level administration officials. molly: and think you are having a bad day? here is a little reminder to stay in your own lane. details what led to this next.

molly: drivers watch this video and remember to stay in your own lane. this is a guy in southeast china pulling up to a stoplight but drifting a little too far to the right heading for the car in the other lane. he accidentally hits the gas instead of the brakes. goes rolling right up the side, nearly tipping over. didn't even know this was possible. driver and his wife were stuck inside of the suv, afraid to move because their car could

flip over. police rushing to the scene. helping to lift the car and get the couple out to safety. bill: the irs struggling to stay above water after the recent budget battle, wound up slashing more than $300 million from the agency. now the chief of the irs is warning of possible delays come tax time. chief congressional correspondent mike emanuel live on this in washington. what can you tell us about the funding cut, mike? >> reporter: well, bill, the tax collections agency has been cut about $345 million in this government funding package through september. as for the impact, depends on who you ask. >> all that happened is the budget is going to the 2008 budget for the irs. perhaps they should try something like become more productive, like the rest of the world does. >> there will be a price to pay as there already are revenue from irs enforcement will go

down. ability of taxpayers to get assistance they need will be more difficult and things like that. bill: irs is telling employees no over time unless there is emergency situation and there will be hiring freeze. bill: meanwhile a house committee release as progress report on the irs investigation. what do we know that is in it, mike? >> reporter: well, bill, a former senior irs official considered admitting agency targeting of conservative groups before 2012 elections but did not. ultimately former official lois lerner revealed it in 2013. this looks at role former irs commissioner dug shulman likely played. >> with is ever-changing story it was obvious he was misleading the ways and means committee. he had information was considering putting out would have enlightened american people before the election and withheld it. >> reporter: top oversight democrat elijah cummings that the republicans are leaking cherry-picked excerpts of

documents to support preconceived political narrative without allowing committee members to see conclusions to vote on them first. isis's response that -- issa's response that democrats decided there wasn't anything early on. bill: molly. molly: fema is there to help survivors to put their shattered lives together. why is the agency demanding money back from hundreds of disaster victims? bill: new york city mayor bill de blasio losing rather the support of many within his own police department. some calling for him to step down, resign. should he? former new york governor george pataki tells us what he thinks standing by next on this. >> this rhetoric used against them, those demonstrators calling for them to be killed have create ad climate where a crazy mad person, like the one who pulled the trigger could do that. óqoqúúñ@

bill: the mayor in new york facing a major backlash after

the assassination of two police officers. the mayor yesterday attempting damage control calling on both sides of the issue to dial back the rhetoric, at least until after the officers are laid to rest he said. but he is already lost the trust and confidence of many police officers. many of them literally turning their backs on him the other night. here is bill o'reilly's stance on this now. >> bill de blasio, as i said is incompetent. he was elected in a election in new york city that few people voted. he is a machine politician. and he is an anti-police individual. now he is in trouble. now he is trying to backtrack. but he has been anti-police his whole career. this is an individual who should resign today. today. he can not run the city. he has lost the control of the police department and the respect. they will never come back. >> former new york governor george pataki with me in studio. >> good morning, bill. bill: you had hot words on this

as well. take owe rile le's point simple or not? >> i don't, i don't think he should resign but the mayor should unequivocally apologize to the police department of new york. first not having their back and running a campaign, serving as mayor that demonized the police creating a climate where this type of insane act could occur. bill: o'reilly's big point he lost control over a department he essentially governs. if that is the case you can not get it back. is that true? >> this is the most professional, best-trained police department in the world and they are going to do their job regardless who the mayor is. so i don't think he has to resign. i think he has lost their respect certainly. and that is understandable but they will do the job regardless who the mayor is. bill: even though the mayor sided with protesters and has for weeks? >> yes, bill. this is a very professional police department. they're going to do their duty. they take their oath and take it seriously. that is one of the reasons what de blasio, what holder, what sharpton, didn't just do in the last few weeks but have done for

the last two years in demonizing this great professional force, has created created this climate there is so much hatred towards the police. bill: can that group, can they recover in this relationship? >> i don't know about this relationship but i think the people much new york will rally around this police department. they know that they have put their lives on the line, not just in the last few months but for years, saved thousands of lives. we went from the most dangerous city in the america to the safest city in america. we owe that to the nypd. i think the city will rally behind them. this effort to demonize them as racist occupiers will finally fail. it should have never occurred in the first place. i'm an optimist by nature. i believe in our police department i will always have their backs. i believe the people of new york city will. bill: an amazing thing what they have done given the way the economy has been and where it is now and the way city has been built. >> you had the mayor's race in

2013 where everybody wanted sharpton's support. the one who could most demonize the police one more likely to win. the anti-police vote in the democratic primary. that created this climate. and then you had eric holder weigh in and sue the new york police department for illegal racial profiling when they in fact had done more than any police department in the country to save lives, particularly in high, low-income, and high-crime minority neighborhoods. having attorney general validate this racial attack on the police department, made it even a bigger issue in people's minds. this is, this just didn't happen overnight. bill: think about the comments you make about al sharpton and also eric holder. where is the president or where should you do you believe the president -- >> the president had no qualms going on tv making a statement right after ferguson. where has he been on this? he put out a paper statement. he should be on the air supporting our police, telling the people of america how important their role is, how

dangerous their role is, how proud he is of what they do to protect every american and uphold the rule of law. you know, where have holder and obama recognizing that, on average over 100 police officers a year are killed in the line of duty. you haven't heard that from their mouths at all. the president should be on air supporting our police. bill: why do you think that has not happened? >> i have no idea what this president thinks. i do know that he, holder contributed to this climate where people, and by the way the new york police department is majority minority force, have been demonized by important people in a way that is totally wrong. bill: that's a great point. that is reflection of the city too. >> yes. bill: on saturday afternoon, i believe you sent out this tweet. the reaction is, a lot of reaction. >> a lot of reaction. bill: sickened by these barbaric acts are predictable of divisive rhetoric by hashtag eric holder

and #mayor de blasio. take that back at all? >> no. i mean it then as i sent it. i get emotional about the police. i saw what they did on september 11th. i saw what they did and i attended too many funerals. in high crime minority neighborhoods saving lives should be applauded, not demonized as de blasio did throughout the campaign. sharpton and who de blasio and obama embraced and certainly eric holder, has the gall not to investigate the chicago policing where too many african-americans weekend after weekend were killed on the south side. bill: does not get the attention. >> they don't get any attention but new york where the rate of violent crime went down more than any place in the countryre. the wrong acts. bill: there is new video apparently, the mayor has gone to the memorial site in brooklyn. where this occurred at 3:00 in the afternoon on saturday, the assassination of these two

officers while sitting on patrol inside of their cars. this is part now, stop me folks in the control room, if there is audio we want to listen to? no audio but he made a made a visit there earlier today. this is part of the recovery process for this man and this politician in new york now. can he do it? >> i think, it is right that he is doing it. he will never win back the respect of the police. it is too late for officers liu and roehm moss. the -- ramos. the climate that took their lives tragically. showing respect, visiting families. what he has to do is unequivocally apologize to the police department in the city because he did not stand up for them. in fact he demonized them when they were doing such a tremendous job making this city safe. bill: i don't think you expect to hear that apology based on your answer, or do you?

>> i do. bill: do you think he will? >> i hope he will. if this mayor is serious about bringing us together and, the city i think will come together behind our police, this mayor has to acknowledge that what he did, prior to this horrible act, was wrong. >> governor, thank you. george pataki. nice to see you. >> thank you, bill. bill: best to you and your family. >> you too. bill: okay, thanks. molly. molly: fema says it accidentally overpaid hundreds of victims of a flood last year in colorado and now the agency is demanding that money back but the people who got those fema checks say they needed help getting back on their feet. adam housley is live in who is loss with this -- in los angeles with this. adam, what went wrong here? >> reporter: one of the issues is potentially duplication of fund. fema can't pay what insurance covers. in this case there is a lot of political pressure, when you have a disaster like what happened in colorado to get people funded as quickly as

possible. it has impacted more than 2,000 square miles with an estimated $2 billion in property losses. at the time the victims frequently urged to seek help. >> fema assistance is not guaranteed. however, if you don't register, it is guaranteed you won't get assistance. >> reporter: more than a year after the colorado flood, letters arrived from the federal emergency management agency demanding payback but the long-term flood recovery group for boulder county is still getting new cases from the flood, including people who need help understanding the letters. >> it is coming at a time where people are still recovering. they're traumatized. they get a letter like this and they're retraumaized. particularly difficult during the holiday season. >> reporter: fema offered a statement saying in part quote, federal law requires fema and other federal agencies to recover improper payments. total of 249 survivors received recoupment letter from fema which represents only 1.5%. as former head of fema michael brown explains it is a no-win

situation. >> the very same congressman that put pressure on fema to get money out the door as possible, will be the same people who will then criticize fema and rake them over the coals for wasting taxpayer money. >> reporter: there is an appeals process but for a lot of victims here, the appeal, the deadline is later this week. some owe as little as couple hundred bucks. some owe as much as, $20,000. so $200 to $20,000, big discrepancy, molly. a lot of people have to figure this out by the end. week. at least that is what the deadline is. molly: wow, incredible. in the midst of holidays. >> reporter: absolutely. bill: anger on the field following a college football game. this happened last night in miami. watch. >> we have a fight on the field. bill: this thing went on and on, molly. molly: sure did.

bill: unbelievable. molly: people are trying to break it up. slow to break up. bill: this was the scene after first ever miami peach bowel last night. players beginning celebration after overtime win over byu. punches thrown, helmets swinging. it lasted for several minutes. >> got to get players off the field. molly: unclear what sparked the fight. bill: i can tell you. good competition. in that case have your helmet on. molly: most definitely. bill: get off. that in the pros, story of the morning, cincinnati bengals, in the nfl playoffs. fourth time in a row for consecutive seasons, most in franchise history. tough to do in the nfl. did it at home on monday night, back and forth battle against peyton manning and denver broncos. manning had rough night, throwing four interceptions. one returned for a touchdown that put the bengals ahead for good. prime time they won one. my team doesn't usually do that.

that is what you get when you go to bed at 12:30 watching game it was well worth it. molly: the president issued statestatements about deaths of two new york city police officers but will we hear him actually speak about their murders? growing calls from critics for president obama to be more involved. >> remember, after the grand jury decision in ferguson, missouri, it was within two hours the president took to the stage to give his assessment. well, where is the president now?

bill: embattled republican congressman out of new york michael grimm expected to enter guilty plea to federal tax evasion charge rather than go on trial in about a month. indictment against the three-term republican claims the fraud started in 2007 after he had retired from the fbi and started investing in a manhattan restaurant. grimm won his re-election campaign just last month. >> some of president obama's critics are wondering when we'll hear him speak out on the murder of two new york city police officers. the president has issued a statement on the murder of those two officers but otherwise he is pretty much stayed out of the spotlight on this one. he is is on vacation in hawaii. waived david webb, radio talk show host and columnist for "the hill" and bernard whitman, former bill clinton pollster and president of whitman insight strategies. good morning. >> good morning, molly.

molly: a bit of a situation. so many people are weighing on this from both sides of the political spectrum back and forth. should the president weigh in, should he step up and say something? bernard? >> no question the president should talk about this. has opportunity to speak out courage of guns, senseless violence, hatred and overheated political rhetoric. the president could come out make a clear, unequivocal, calm, short statement, saying both side need to stand back. we need to turn down the heat on this. we need to turn down the rhetoric on this. need to let america and these families in particular mourn the loss of these two very brave officers. we can have serious and real disagreements how to best fight violence and best to reform the police but political bash barbs at this time are not appropriate. molly: david is this the time for the president to speak on this. >> andrew tahmooressi, 214 days. ferguson grand jury, verdict, 15 minutes. trayvon martin, his statement

even before the grand jury verdict on the saturday radio address where he talked about, you shouldn't be killed for wearing a hoodie. the president has gone into these issues, even in boston, with professor gates without having all the facts. now it really doesn't matter much to the front line officers that talk to, whether the president speaks or not because they don't trust him. bernard likes to shift to guns and shift the argument. what we have here is an environment problem. we have an environment problem with the president's right-hand man on race, al sharpton, bill de blasio right-hand man on race, al sharpton, basically someone who helps foster environment of hatred towards police. these two officers were not killed, black and white, the murderer was black, assassin was black, officers were hispanic and asian in this case. it is beyond race and use race and hatred of police. it is not just new york. it is all over the country. i've been tracking the story 20 minutes after this happened, with guys who were there, with

guys rolling on this, with this environment, all cops. the threats are coming right now as we speak. molly: david, you bring up an interesting point, we all recall a couple years ago with the incident in cambridge, the empty president said police acted stupidly acknowledging not all facts were in. >> he didn't have all the facts. >> what can he say here and now, what can he say, what should he be saying when there is so much individual triol and people are criticized for saying anything. >> he needs to say we need to assistant back and calm down. the fact that a senseless, crazed psychotic murdered two police officers stands for itself. this wasn't an act that was generated by political rhetoric. >> when it was, gone through social media and scrubbed his instagram and facebook. >> say effectively that the mayor say they have blood on their hands, that is inappropriate and it i wrong. tone down the rhetoric on that

side and tone down the rhetoric on the left by antipolice. one thing that really bothers me in this whole debate, that black lives matter, blue lives matter, all lives matter. >> i can't stand, bernard is doing very same thing to try to deflect i, deal with it what it is. we have an issue in environment that has been created. we have a political operation by the left. can't say de blasio doesn't have responsibility or ache rick holder or community relations service in ferguson, or alp that ton. they fostered this environment. i scrubbed the facebook and instagram as officers working this case. he referenced eric garner, michael brown, al sharpton. >> let he shot his girlfriend. >> let me finish. many of other threats, literally hundreds of threats i have gone through this sunday. this is a problem and you can not deflect this to some psychotic this is criminal. this is someone who has been spurred on the race and

grievance industry that is -- molly: can the president diffuse the situation? >> the question is can he be troughed? the question is about that broken trust between de blasio and police and that broken trust between the president and the nation who obviously sees that a president weighs in on what supports his base. by the way to my friends on the right, this is a public safety issue but unfortunately the leftist, progressive policies have put us where we are because they use race, they use this industry and they go out and divide americans. molly: bernard, a quick response. >> david, there is broken trust on both sides. >> broken trust from the president on this from al harp ton. >> so suggest that the president or mayor is responsible for the act. >> they fostered violence. >> shot his girlfriend and called the mother. he is obviously psychotic and obviously dell. you tell by his actions. he can tell that he is psychotic. the fact you're blaming president or mayor for this. >> they helped foster this environment. that is a fact by their actions.

>> you are posture, and it is gross. molly: we'll see if the president will step forward and say something on cam from his vacation. we don't know. we'll see. bernard webb, david whitman. thanks for joining me here. bill: spirited debate. thank you, molly. when people hair the term cloud city they might think "star wars" but what nasa has in mind might just blow your mind. is there such a thing as a sure thing in business?

some say buy gold. others say buy soybeans. i say, buy comcast business internet. unlike internet providers that slow down when traffic picks up, you get speed you can rely on. it's a safe bet. like a gold-plated soybean. reliably fast internet starts at $69.95 a month. comcast business. built for business. bill: now for something straight out of stars wars. nasa is dreaming of building a city that floats in the clouds above venus, as in the planet. we have space.com's managing editor. how are you buddy? nice to see you. >> doing well. bill: welcome back here. why in the world do we need this? >> venus is just mysterious planet, covered in clouds all the time. it is 800 degrees on the

surface. the pressure is like higher than the bottom of our ocean of the probes that we've landed on surface have just crushed after hours, after just being there. so it is a truly weird planet. i think winds whip around hundreds of miles-an-hour all the time. we have never been there. we've been to the moon and in orbit and he have one is talking about mars. bill: a lot of people are talking about mars. back up just a moment here. the idea that nasa is dreaming up, they would develop some sort of a cloud city that would not necessarily land on planet but would float above it. >> we've been talking about what a hostile surface on venus. this nasa idea would be to have a plays glimp if you will and -- space blimp, and coast in calmer parts of the surface above the atmosphere and study a month at a time, a year at a time. cloud city, a permanent settlement of these blimps or people could be kind of safe from all the turmoil. bill: you're saying this isn't

just a pipe-dream that astronauts think about? you actually think this is possible? >> well it seems like, after, seeing nasa's kind of idea, it seems like a doable type of thing given technology we have right now. we have giant blimps. google is looking to build these kinds for their own satellite technology. we have the rockets that they drop from airplanes. so they, the whole way to get back up into space, they have that stuff now too. it is a matter of will, i would suppose now to put all of that together. bill: that and a little bit of money. what would you learn from this? >> well one of the big things about venus is, people think it is a runaway kind of green house effect, that it is earth that could be in the far future or, or it is earth that might never be and you know, the hope is that you understand what happened to venus to avoid whatever is happening now on earth to avoid that whole green house thing so.

>> i'm still a doubter. put me in that column. are you venus man or mars man? >> i like venus a lot. i think it's a strange planet. it is overlooked a lot. there is a spacecraft that europe just kind of died, that is the last one we had. bill: i thought it was fascinating. we send probes up there and last a couple hours on the surface. they are just destroyed. >> they get destroyed by just the intense pressure on the surface. bill: see you on venus. tariq malik. space.com. molly, what is next? molly: this was the scene a few moments ago, new york city mayor bill de blasio paying his respects to two police officers assassinated in their squad car. the mayor calling for protesters to hold off on demonstrations in the aftermath but will they stop?

martha: some vot voters in california holding prey to flights in san diego. just about every place i can find a place to put them. going past several seaside neighborhoods. beautiful. bill: make sure you are here fox news channel to ring in 2015.

martha:'s what is the story here? bill: i retired, i thought eight years was enough. have a great and wonderful holiday, everybody. martha: "happening now" starts now. jon: new york city's mayor bill de blasio trying to find balance at the assassination of two of new york's finest. welcome to "happening now." heather: be suspected gunman post messages of revenge before the assassination of the officers on saturday. trying to mend the bridges between his office, please department and the community.