who support us. we can't say it si multianously. and grateful for the team you god bless them studio or as they help us put on outnumbered. we'll be back on friday, merry christm christmas. "happening now" now. >> sony just releasing the interview as a rental on line. you can catch the controversial film through utube and goggle play and a dedicated website called see the interview.com. it is 5.99 and 14.99 if you want to buy. and we'll have a live report at the bottom of the hour about the interview.

deadly storms swoep over the nation wreaking ha voc on christmas eve and four people are dead in mississippi after a powerful system rolled through the south so strong it flipped over the cars. welcome to this second edition of "happening now" on christmas eve. i am jon scott. >> and check out the serious damage left behind in mississippi. signs knocked off of the businesses and trees and power lines are down and thousands of homes are dark. many of the neighbors are grateful to be okay. >> it got far as the station and it come right to us. and it shook us like a rag doll. >> it could have been a lot worse but we are alive. >> i have been praying all my life. but i prayed like i never parade. >> it is like a third world. every business on the by pass was gone or sustained damage.

pick up and enjoe the christmas holidays and do what we do. >> no piece on earth with the weather. bad weather as millions try to get home for the holidays. we'll check in with our meteorologist. what is going on, rick? >> it was a rough day with 14 unconfirmed reports of tornados. and we have a tornado watch in florida and georgia and south carolina. we'll so a threat of severe weather in the carolinas later this afternoon. that is the area where we could so a tornado and the so i don't think we'll so much in the way of. it none theless, we have hours to get through. and the broader system is bringing record- breaking rain and very heavy rain in the eastern sea board. and you notice it is rain and we are in december 24th. and we are not talking about no.

we have delays in philadelphia and newark. we have temperatures in the 50s and 60s. and 56 in pittsburg and 52 in tick dick. and in chicago maybe we'll have snow flurries and light snow in down down and lower michigan from this system. and then we turn our attention to a system that is moving in the west that will bring rain and mountain snow. denver may have 6- 10 inches of snow. good news for the skiers and those who are looking for a white christmas and hopefully everyone would be where they need to be. >> i have to go home to get a white christmas. >> we'll have 50s tomorrow here. >> thank you. >> and the holiday rush is in full swing and with the rosy

economy. they are expecting record settings and a lot of folks hitting the roads with more people than ever out there. and we have more in brooklyn california. >> claudia. >> and that's right. a record 90 million americans are celebrating the holidays thanks to the lower gas prices in five years and hovering around $2 a gallon and parts of the happy, california. and regular unleaded was going for 2.41 a gallon and that is almost a dollar a gallon less and customers were lining up to fill up. >> and we travelled only 140 miles on the way to tahoe. and so it is great. >> and today i filled up for $31 and last year 50 something. and i love it, nice and cheap.

according to gas buddy.com, average price for a gallon of regular unleaded $2. and 2.36 nationwide. americans are saving 13- $20 to fill up their tank compared to last christmas. and this year more people can afford a holiday vacation. >> there is more optimism. and people have more disposable cash and willing to charge their expenditures knowing they will pay in the upcoming year. >> if you are loving today, leave now or later on tonight to beat the rush or click it or ticket. they will be out looking for drunk drivers on new years eve. and make sure people are wearing set belts. >> thanks. and from the highways to the sky

ways, not a white christmas for many travellers. it is wet and windy in much of the nation with heavy rains swamping both costs. there are air travel problems to tell you about. probably a lot of holidays moves in the nation's busiest airports. 100 flights are cancelled in chicago o'hare. garrett joins us live. >> reporter: folks are cheery for the most part due to the christmas miracle. those are the kind of lines that you would see any other day in the year in o'hare. that is largely dow to better than expected weather. there was a cancel for the winter weather advisory for chicago. only 100 were cancelled here. nationwide 259 and 1500 that are

delayed. many of those for san francisco and cities like philadelphia and new york and new jersey where foggy wet weather is causing hour long delays the weather system works up long the east coast and you heard rick talking about that strong winds and heavy rain and major hubs will be affected and they are expected to increase. if you are one of those 5.7 people flying. check in early and bring your phone charger and get ready for a long way, john. >> the phone is co in a situation like. this garrett joining us from o'hare. thank you. snrs new unrest near ferguson,

missouri. hundreds of protestors taking to the streets in the town of berkly after an officer shot and killed an armed tone who pointed a gun at the police officer in the gas station. this is surveillance video. and the authorities say the officer was conducting a are you tone check. when he approached the 18 year old and martin pulled a gun and the officer returned fire and killed the teen agenter. >> we try to get him back in school and get back in the job corps. she told me they were walking to the store and walking somewhere. they was walking and the police he thought to run and the police started shooting. >> no, no, no. they won't tell me nothing. they won't let me see my baby. >> the police identified the

officer as a six year veteran and the officer was placed on administrative leave. >> and talking politics now. we told you yesterday. new york congressman michael grimm pleading guilty to tax evasion. what will speaker john boehner do? will he force him out. grimm is a republican that represents stanton island and he is saying he will not serve. >> and i will serve. and those are discussions i will not discussion're discuss. >> what happens now. and we'll bring in david drubbinger, senior correspondent for the washington examiner and the concept of a guy who pled guilty to tax evasion and serving in congress. is that even possible, david? >> it is possible to a degree if he will note sign or go away. you can't take away his seat.

you can try to get rid of them. and i wont be surprised if he. he is a a stain on the republican caucus. >> what kind of power does boehner v. he can't fire the guy? >> the voters are only ones who can do that. he reelected him own though this is coming down the pike. there may be rules to prevent him from voting on legislation. and you know, if you can't serve in committee and you can't try to help your constituents in the house, it almost makes you a figure head. we have seen in the past.

they don't want to go away it becomes difficult to get rid of them. there are lengthy proceedings to try to get rid. >> there is talk that the prosecutions is looking for a sentence of 30 months. what if he avoids sentencing altogether. >> it helps his case. but in the past, john boehner sent a chlor members who didn't break the law. chris lee, another new york congressman got in trouble because of pictures on craig's list. and the speaker made it known, we don't want you down here. the speaker has shown extraordinary amount of patience with members and particular

behavior, but stuff like this he doesn't like. mr. grimm would face pressure from other republican leaders. people like me, what are you doing about grimm? did does he get to vote or serve on the committee. >> he failed to pay taxes on a million generated by eight new york restaurant. on a related note, what about alsharpton. how his nation action network owes four and half million and sharpton is waltzing in the white house like a trusted adviser. >> no matter what he does in court proving not to be true or the trouble with the irs, he keeps rolling and that is a political matter though. and whether or not people want to employ him and in the white

house as a political choice. grimm is a sitting member of congress that pled guilty to breaking the law. it was a big deal. he had to go to court and it was under investigation. and if he was independent or exonerated it would be a different story. >> speaker boehner will speak with michael grimm. >> merry christmas. >> former president george bush rushed to the hospital last night and what prompted the decision to go and the latest on his decision. and the feds taking down a month's long gun smuggling operation in 22 of the busiest airports. what it means for air safety nationwide. >> and the scheme poses a threat

in terms of terrorism. >> and they can put guns on the plane this time and put a bomb on one of those planes. sf. quitting smoking this time was different because i got a prescription for chantix. along with support, chantix (varenicline) is proven to help people quit smoking. the fact that it reduced the urge to smoke helped me get that confidence that i could do it. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some people had seizures while taking chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix or history of seizures. don' take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. decrease alcohol use while taking chantix. use caution when driving or operating machinery. common side effects include nausea,

trouble sleeping and unusual dreams. i love myself as a non-smoker. ask your doctor if chantix is right for you.

into one you'll never forget. earn triple points when you book with the expedia app. expedia plus rewards. "happening now" we are learning more about a gun smuggling operation. federal authorities say they used a sting operation to nab four people connected to the plot and intercepted more than

100 before they hit the streets of the city. eugene harvey was arrested in his home on monday. harvey bought the firearms on a carry on luggage on five flights from the atlanta to jfk airport between now and december. we'll keep an eye on this developing story. other than former president bush in the hospital christmas eve after being rushed last night to houston methodist after experiencing shortness of breath. molly has the latest on his continue. >> reporter: gean becker chief of staff is suggesting that the 41st president may not be in the hospital too much longer. she said in a statement, the bush family certainly appreciates all of your prayer, love and concern.

this is not two years ago. he is come home in a few days. >> two years ago, the former president was hospital otherwised two months for medical issues. apparently more source according to becker than the situation this time. shortness of breath is not unusual. when a patient has parkinson disease as the former president does. >> there is always a extra set of caution especially because of being 90 years old and he has the condition. they will keep him longer than they keep someone else. but i wouldn't read anything into that. >> doctors will keep an eye him until he is breathing more comfortably. president obama has been informed of the former president's condition and he was taken to the hospital last night. the white house said president obama and the first lady send their good wishes to the former

president and the entire bush family in this holiday season. despite parkinson and the fact he needs a wheelchair to get around. he has kept an active lifestyle. he celebrated his 90th birthday by doing a tannedum sky do i have. >> we barely made it there to catch that. we wish him well. >> he is a tough guy that's for shower. >> isis fighters capturing a pilot after they shot down his jet in a u.s. led coalition to destroy them. the latest in the campaign to degrade that terrorist organization. and also if you are done with your christmas shopping or like me, waiting for the last possible second. we have great ideas that help you out. why do i cook?

because i make the best chicken noodle soup. because i make the best chicken noodle soup. because i make the best chicken noodle soup. for every way you make chicken noodle soup, make it delicious with swanson®. i have the worst cold with this runni better take something. dayquill cold and flu doesn't treat your runny nose. seriously? alka-seltzer plus cold and cough fights your worst cold symptoms plus your runny nose. oh, what a relief it is. ♪ (holiday mhey! is playing) i guess we're going to need a new santa

♪(the music builds to a climax.) more people are coming to audi than ever before. see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today. having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars.

call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. i was thinking about htaking this speed test from comcast business.

oh yeah? if they can't give us faster internet or save us money, they'll give us 150 bucks. sounds like a win win. guys! faster internet? i have never been on the internet and i am doing pretty well. does he even work here? don't listen to the naysayer. take the comcast business speed test. get faster speeds or more savings, or we'll give you $150. comcast business. built for business. >> for the first time since strikes began a jordanian fighter jet was shot down by isis. the pilot was carrying out a mission in northern syria in the defactor capitol. photos of the downed jet appeared on a twitter account. it is not chlor how the fighters managed to shoot down the war plane but are believed to have

anti- aircraft missiles. >> the war against isis may be moving out of the airlines but it is going strong. more shelling in the syrian town of ka bani. militants claimed to have shot down a fighter jet and the captured the pilot. are we closer to defeating isis. joining us thank you for being here. nhappy to be with you. >> let's start with the horrible news out of syria that a jordanian pilot was shot down. part of the team that is working to reclaim land in syria what is this latest event mean for isis? >> well, for them and for us, it

is a reminder that war is war and it moved off of our head lines and they seemed have an effort to have limited moans used and a sterile war in a distance. using air power, you can have them going wrong. what would be done, it would be a prop ganta victrow. and isis violated the geneva convention by putting out a picture of a prisoner of war. >> isis has claimed more and more territory. are they becoming more powerful? or is that tide stemmed bite coalition? >> i think it is different to read. we are not getting briefings on

the past military campaigns and even with the libya operation we have more. no discernible movement in syria. what would be since accomplishing isis. how effective are they. and is there a path to victory that you can see at this time. no one said what the end game is. it is effecting. and they can bring shock and a we. it will be able to make a difference.

we have a political and another element on the ground that is not worked or moved. syria is a maginant for fighters. and that hasn't changed with the organization of isis. the foreign minister is saying it could be the next thing. and they are including. the same people who attacked our areas in benghazi, could be responsible for this in libia. and so where does that stand? >> that is an important reminder that it is not a struggle limited to particular geogravies. we are reminded that it spills over to syria and a broader region. the isis model is to take resources of value and build and

grow. unfortunately it sounds like they are getting some of that progress in libya that would be a terrible development. >> and thank you stove for joining us here today and merry christmas. >> merry christmas, thank you. >> we told you in the top of the hour, sony coming through on the promise to release the interview. the movie is about the assassination of kim jong-un. and where to see it. and a legal threat to you town and forced to takedown thousands of popular songs. our legal panel weighs in on that. ♪. ♪ if not for christmas, by new year's night. ♪ ♪ chlorred

>> we are are following the wall street journal and ups and fed

exare cutting air delivers. and retailers had a last-minute surge in the ship's packages and it is part of an effort to avoid the meltdown in which 2 million packages wound up stranded. and deadly storms rumbling through the south last night. tornados causing widespread damage. and back north hundreds of airline passengers, two planes clipped each other's wings in laguardia airport yesterday morning. an investigation is ongoing. >> sony reaching a deal to distribute the on line. they are reversing the decision to scrap the screenings after threats by hackers believed to be tied to north korea. it will have a limited release

on christmas day. law makers are calling for hearings and the fallout. william is live with more. william in >> molly, this is a remarkable turn of events. sony is firing back and it is a shot heard around the world. telling north korea and the big theater chains it is over and we don't need you and your threat is meaningless. sony is releasing the comedy to the theaters as planned. it made it available 30 minutes. it can be $5 to rent and 15 to buy. this undercuts in a major way the long held model of large movie chain monopoly on movies and if it is profitable it is

the beginning of the end for the theaters. it could be called a win for free speech and expression. >> we all a long have supported sony and said if you want a place to show the movie, you have our theater. >> the big chains control half of the nation's 44000 screens and following a warning of the 9/11 style attack on theater that dared to air the movie. the big chains, renowsed to carry the interview. even the homeland security didn't consider the threat cred ebl. but police in small communities may survelthe theaters. but movie goers don't appear worried. >> it is not just about the movie, it is making a statement. we want to see it. you know, people, i imagine people from all over just to get a shot at seeing it.

>> the fbi want hearingings . >> and we appreciate your report. >> here is a question that could worriy. might free music on line be a thing of the past. a manager for several top artist is issuing a letter to youtube to takedown the songs they don't have the rights to. they could face a billion dollar lawsuit. why is youtube under skrutunny and not others? >> they are the ones that are least cooperative and the company our clients feel are the worst offenders and also their attitude returning to youtube.

>> joining us is our lawyers. and youtube and some artist are adament that their music not be featured. you can't take a eagle song and make your own home movie and the eagles watch it closely. is that what we are talking about here? >> listen, i think they would be happy to have their music on youtube, but they want to be paid. i take the threat of a billion dollar that is a high stake way to extract licensing fees from the youtube. it is up to the artist to make their point and they haven't given proof of their position. >> that's what google is weig

weight -- youube is waiting for. >> and they are scrubbing them. google has done that 230 million times in the past. should the onus be on the company? >> that's what youtube is saying. you tell us where they are infringing the rights and where the content is and wool get rid of it if it is legitimate. we don't police on your behalf. the company is saying in response that it is a subscription where they identify infringing content and charge you a fee to decide what to do with it. they are saying youtube has the ability to do it for free. they know. >> youtube is owned by google and i can punch in my home address and get a pictures of my house if i want. it seems like that is a company

that could krub the stuff if it doesn't have the rights to it. >> the issue is do we want to give them the job of policing every single piece of content. youtube wants to run it like a business. google announced plans for a streaming music service. because they are so big, performers want to make sure they get paid for the muc that other companies might not be paying for, do i have that right? >> you do. and i don't think they will dispute the right to get paid for the use of their music. but the question is, does goggle have that right. i agree. and last year 230 million times got takedown restses.

they have a sophisticated process they have. and on average it takes them six hours to takedown offending tfrment but they didn't go through the proper channels and they jumped prematurely to the lawsuit. many people think it is a high stakes way to extract the lawsuit. and vicommade a similar claim against google. vicomsaid you arousing musical and videos and against our rights and in a court in 2010. they said no. they had a harbor of protection that viacomwas trying to enforce. >> it is a different world. >> thank you both. you bet. thank you. >> and if you are looking to impress a loved one this holiday

season with a yacht or flying house. look no matter. an upscale magazine reveals its annual gift guide, and including high end products and they are not unexpectedly going to cost you. adam housely gives us a prerue view for the big bucks. >> at most americans scramble to the mall or on line. those with dope pockets look to the rob report for one of a kind purchases. >> they start 100 to 330 million. >> how about a 335 yacht for 225 million. >> this is an expedition vessel. it is focused on exorring and

room on board with a 30 to the. and looking to explore the rod. there is a porsche 9/11 for a cool 600,000. >> they will make it lighter and give it power than a normal 911. and one will have it. >> there may be no better way to see the world than a throw 30 million flying home. >> it is massive. it is longer than two football folds and in the cargo area they decided a circlure ring living space and two floors and up to the recipient to choose 20 bedrooms. >> and there is 142 million backyard light with a mile long rafting course. and a panda experience or

350,000 to the motorcycle headquarters in france. >> if they want an ultimate vacation or rare hand crafted items that we feature. that's what we are all about. adam houseley fox news. >> what would you put. >> the panda experience. are you kidding me. >> i will take the flying house. >> if you are way behind this christmas. and one company helping you gift wrap your and we'll help you navigate your way to grandma's house and a nice ending to a bad story, a salvation army robbed days before christmas and gets help from friends.

two weeks later. look, credit karma-- are you talking to websites again? this website says "free credit scores." oh, credit karma! yeah it's actually free. look, you don't have to put in your credit card information. whew! credit karma. really. free.

>> are you homeward bound and you have to fly. and what you can do to make travel on a day like today painful.

and thanks for joining us. >> and thanks for and how are things going today. certainly not an and that is better than the thousands delayed. to make things better and have things been made worse. >> a little bit of both, molly. and you have terrible stories of plane loads of passengers stranded at the gate without food and water. and what airlines did in response. we need to avoid that at all costs. they tend to be more conservative about cancelling flights. and the good news, you don't get bad situations anymore.

and in order to avoid those situations. they inconvenience more passengers. and more people are stranded and back at home in the airport and not without food or water on the plane. >> they don't leave us on the tarmac. and there is only a certain amount of time to keep us there. >> there is no way to know which of those flights are stuck. and the government started saying, we'll fine you for one plane load of people like. that airlines say we'll do everything possible to avoid that. and more people invoensed and we don't have that one awful situation and they don't fly as long as it is safe to fly. and easier to recover afterwards. you don't have them out of position. >> and when you do get stuck. you feel helpless.

what can they do if they are cancelled or delayed? >> you have to be creative and you are compoting with all of your fellow travellers on that flight with few seats on the next flight. >> you can help the airline help you. and one thing for example. and think of alternative airports and your flight to laguardia is cancelled. they will fine you the next seat to laguardia and if it gets close to where you are going. and tell them where you are going to philadelphia or hartford. and if so, tell them that. and they will not assume it and that it might be the difference in helping you to get the flights where you are going. >> is christmas day a bis travel day? >> christmas day is not. and that used to be more of a helpful fact than it is now. you used to have the same schedule and flights on christmas day. and no one wanted to sploi and

flights are cheap on christmas day and a time to get the bargain and a day like today. you have empty seats and you can get where you are going on christmas morning and you know what. not as many people want to fly, we'll not fly as much. and give our own employees the day off. and they do that to keep fares up and flights full. all right. so thank you for joining us and we hope you get where you get going safely this christmas. >> thank you so much. and christmas celebrations are taking place all over the world. for some. and we'll take you live to the holy land. and office christmas party gone

wrong. it was all fun and games before the icu. i have a cold with terrible chest congestion.

i better take something. theraflu severe cold doesn't treat chest congestion. really? new alka-seltzer plus day powder rushes relief to your worst cold symptoms plus chest congestion. [breath of relief] oh, what a relief it is.

>> a drinking contest at his office work party. >> chug, chug, chug, chug! >> meet 33-year-old chugged a quart of egg nog in 12 seconds. he made it all the way home before starting to feel sick. two hours later he was shaking uncontrollably. his friend rushed him to the hospital, and he spent the day in the icu, and another two days recovering.

his winnings? a $50 gift certificate and so much admiratioadmiration. >> a quart of egg nog. christians from around the world are headed bethlehem for christmas eve celebrations. the biblical town is where the bible says jesus was born. the festivities are bringing a much needed lift to an area that's had a difficult year. john huddy live in bethlehem just outside jerusalem today. john. >> well, john, welcome to christmas in bethlehem. it's in full swing behind me. as you can see, let me step out of the way. i'll set the scene for you. you're looking at manger square. boy, there's got to be a couple of thousand people down there. there's been music all day. there's a stage down . traditional, of course, christmas songs, and not only english, but also arabic as well. we are in the west bank. that's something that's interesting. i never heard jingle bells in arabic.

there's the smell of food, the great middle eastern food here. just the overall celebration. it's a great atmosphere. it's a great respit from what has been a tough and violent, of course, year here in israel in israel and also in the west bank. now, earlier today the patriarch of jerusalem led the traditional procession through manger square. the glorious and historic church of the nativity just on the other side of the square from us where really the christian celebration officially kicked off here and then, of course, will culminate with midnight mass. as i mentioned, it's been a very difficult year because of the war in gaza. it's been financially tough on cities like bethlehem and, of course, all the holy sites here in the west bank and israel as well. because of all the recent violence, nonetheless,

nonetheless, there are many people who are coming here from around the world, including a woman that i met earlier today from colorado springs who said she felt compelled to be here. listen to what she said. >> we thought we just have to do it. we have to go to see the holy land because it's the trip of a lifetime, so when we go home, we pray that everyone will be safe and we will bring prayers for everybody here and for everybody back home. >> and that's really the sentiment and the message that all the folks that i have talked to have been putting out there. security is tight, obviously, because of the recent violence, and one thing, traffic is quite the nightmare here. in fact, it's been such a problem, john, in recent years that officials here are talking about building a tunnel, digging a tunnel under the city to help traffic flow a little bit better. again, manger square behind me. great celebration. great to be here. merry christmas, john and everybody watching. >> merry christmas to you, john, in bethlehem.

thank you. as we keep our eyes peeled for santa claus later tonight, he might be moving more quickly than we thought. santa's sleigh is getting a digital makeover to help him deliver faster and more efficiently and then, of course, make things easier on the reindeer. our friends at popular science magazine worked it up. here is your standard santa sleigh loaded with toys for boys and girls. the magazine looked at the sleigh's aerodynamics. here is what they came up with. a modern 21st century design for mr. kringles's ride. this is it. more dynamic, smooth, and sleek. more like a sports car than the sleigh of your. you always need the add reindeer power into the consideration. hmm. >> looks like a rocket ship. >> that's right. >> tonight join us as the u.s. army's oldest band -- plus, share an exclusive tour of the academy. tonight john scott hosts a west

point holiday special. plus nicorette gum gives you intense craving relief. and that helps put my craving in its place. that's why i only choose nicorette. right! now you're gonna ask for my credit card - - so you can charge me on the down low two weeks later look, credit karma - are you talking to websites again? this website says 'free credit scores'. oh. credit karma! yeah, it's really free. look, you don't even have to put in your credit card information. what?! credit karma. really free credit scores. really. free. i could talk to you all day.

a deadly new police shooting near ferguson, missouri sparks a new round of violent protests. [ bleep ]. >> police officers responding and making at least four arrests. welcome to this new hour -- i'm molly line in for jenna lee. police now releasing new surveillance video of last night's fatal shooting of an 18-year-old black man in berkeley. the clip shows two men leaving a convenience store which was just robbed. at about the same time the

police car rolled up. a minute later the video seems to show one man raising his arm. police say he was holding a .9 millimeter handgun, and they say the officer stumbled backwards, fired off three shots, and one hit the teenager. the mayor of berkeley says the city will thoroughly investigate this shooting, adding the comparisons to what happened in ferguson are unfair. rick leventhal is following all the breaking dwomtsz live in the new york city newsroom. rick, what more have we learned about this shooting? >> well, police have confirmed the identity of the deceased as 18-year-old antonio martin. they say he had been arrested nuchl russ times on charges of three assaults, armed robbery, and unlawful use of a weapon, and they say the video shows martin stepping back after being confronted by the officer, pulling a loaded .9 millimeter handgun with a defaced serial number, and then he pulled his own weapon. a big crowd gathered at the scene. some apparently brought bricks and rock and started throwing them at officers and threw

fireworks or some sort of explosive device you saw there. police cars were damaged. windows broken. at least four people arrested for assaulting officers. the mayor today called for calm. >> when i got there, we were all saying the same thing. here's a white policeman killing a black young man. so when does this stop? i can assure you that did not happen last night. >> well, the mayor also called for support for the victim's fame and for the officer involved. >> now missouri's governor has weighed in as well. >> yeah, governor jay nixon who pleaded for peace before the ferguson grand jury decision was leleased last month now finds himself facing more violence but under different circumstances. he released a statement today saying the events in berkeley are a reminder that law enforcement officers have a difficult and often dangerous job in protecting themselves and law abiding citizens. of course, this shooting will be investigated, and while there is video, there could have been more, but the officer wasn't

wearing his body camera, and his dash cam may not have been on. they're examining that now. >> thank you very much for keeping us up-to-date on that. >> sure. new details today in the case of a new york city man accused of post aing chilling threat against police just hours after two of the city's finest were executed in cold blood. david lee miller live in our new york city newsroom with that. david. >> john, this brooklyn, new york, man was facing seven years behind bars for allegedly making terroristic threats. he has been released without bail. police say 18-year-old devon posted a photo on-line of a gunman targeting a patrol car. it was captioned "73 next." that's the police precinct where he lives. the prosecutors want the bail set at quarter of a million dollars, but the judge said it would be a misuse of bail to set an amount based on the current climate. police have beefed up security at two police precinct buildings in brooklyn, not far from where the two officers were explain, according to a published report. members of the gang called the

black guerrilla family were planning to attack the two sites. it's not clear how credible the threat is. police are wearing -- they were killed execution style on saturday. they have assessed hundreds of phone calls and on-line postings leading to about 40 threat investigations. so far there have been at least four arrests in total. an anti-police demonstrator marched through manhattan last night saying that they will not honor the mayor's request to suspend protests until the funeral for those two fallen officers. activists say they will not be silent. there were no arrests last night. a coalition of activists is vowing to march to new york's times square on new year's eve. the investigation into the shooter's background continues today. authorities want to know more. they want to know how he obtained that .9 millimeter handgun as well as a great deal of cash. john.

>> all right, david lee miller in our newsroom. david, thank you. new york city paying tribute to its two fallen heroes last night. the empire state building, the chrysler building, one world trade center, the rockefeller center christmas tree, and other major landmarks all dimming their lights for five minutes last night. the officers were shot at point-blank range on saturday. they sat in their marked police cruiser at that time in brooklyn. the gesture to dim those lights coming at the request of mayor bill diblasio. > . >> they were helpful as it works for maybe law enforcement more fair and transparent. >> the kit comes with a smartphone. the smartphone connects to the recorder with blue tooth. once we're logged in, the officer is able to see a live

preview of what the camera is saying so they can aim and adjust the camera as needed. >> one of the things that we know is even if you and i witnessed the same incident from the same location at the same time, oftentimes what we witness or what we report later is different. if they had cameras at the time, then we would know for sure what happened. >> well, the city's police chief says the move will be a big step for law enforcement if it helps regulate the behavior of police officers. >> a status report on the irs targeting scandal faulting eight senior leaders of the irs who could have stopped the targeting of conservative groups that applied for tax exempt status. the house oversight report also blasting the white house for stonewalling finding, "the white house's obstruction not only violated the president's promise of cooperation, but it affected the committee's fact finding only relegation. each of these leaders could have and should are done more to prevent the iss's targeting of conservative tax exempt applicants. tom bevin, executive editor of

real clear politics. thanks for joining us to talk about this. >> some interesting stuff out of this report that they're placing the blame in these irs officials not link it to the whoushgs but blaming the white house for not cooperating essentially thoroughly with the investigation. now, this marks the he wanted of republican darrell isis's heading of the committee. his term subpoena. it now goes to new leadership. where do we stand now? does the investigation just continue? >> yeah. the investigation will continue, and as you mentioned, issa's last -- he is handing the gavel over the republican of utah, and there's still work to be done. when republicans take over the majority in the senate, there's an ongoing investigation there. i think there are about five or six still investigations

onemploying regarding the irs targeting scandal. this story isn't going away fully, but, you know, it's absent some sort of smoking gun. it's hard to see that it becomes anything more than what it is right now. >> is there anything more that we're waiting for specifically to find out clearly what's possibly in those emails that they can really retrieve them and dig through them all? is that the only open door that's left to walk through? >> i think that's where republicans are going to focus their time and energy. as you mentioned, i mean, they've been -- they've requested communications from the white house. obviously lois lerner took the fifth. republicans would love to have her testify, but that isn't going to happen. they've circled the wagons on this. it's going to be tough to see. they'll go through the emails, but beyond that, i don't know how much more information they're going to be able to get. >> you know, we watched a lot of this unfold on television, and the report specifically faults the eight senior irs officials. will there be any consequences? we so rarely see consequences at

the end of these investigations that congress conducts. >> yeah. i don't know that we will, actually. as you said -- as i said, lois lerner has taken the fifth. she claims to the justice department and has claimed before issa's committee that she didn't do anything wrong, but she still won't testify which seems a contradiction. yeah, it doesn't look like at this point that anybody is going to suffer. there was one person that the acting head of the irs which president obama asked to step down when this all first broke, but beyond that it doesn't look like anybody has yet. maybe some of the folks that issa mentioned in his report will pay some sort of administrative price, but beyond that it's hard to see anybody else being held accountable for this. >> tom bevin, thank you so much for joining us. >> you bet. merry christmas. >> merry christmas to you. digging up new clues on hillary clinton's political future. what her midterm travel expenses reveal. is she considering a bid for the

white house? and some encouraging signs for the u.s. economy as jobless claims continue their downward trend, but despite low mortgage rates, why are people not buying homes?

i have a cold with terrible chest congestion. i better take something. theraflu severe cold doesn't treat chest congestion. really? new alka-seltzer plus day powder rushes relief to your worst cold symptoms plus chest congestion. [breath of relief] oh, what a relief it is. . what a salvation army office is now overflowing with toys.

a california salvation army had been robbed. residents donated at least 600 toys and on $10,000 in cash, allowing the salvation army to help more residents have a very merry christmas. this was last friday some grinch broke into the office and made off with about 200 toys. after the burglary, the salvation army had to turn away dozens of local families, but then the community stepped up in a big, big way. >> it was just devastating because this is what they're getting for christmas because we don't have a lot of money right now, and it's devastating. we didn't know what we were going to do. >> i think all of us can understand how christmas can be for our kids and we're fortunate enough to have our kids and have a great christmas, and we want the ones that need these toys to have them so they can be happy as well. >> they're waiting on santa to come. if we wouldn't have got the toys, sonta wouldn't have been at our house. >> so many toys were donated that they were able to stuch the bags with extra. >> did the grinch steal the who

ph.d. and the who hash? >> i think the grinch got away with a lot, but the community made it all much better. >> good for you, america. >> yeah. >> big-hearted people. hillary clinton racking up some hefty travel expenses during the midterm elections. politico reports the travel tab for both clintons, hillary and bill, adds up to more than $1.5 million. those expenses paid by political campaigns at events to help democratic candidates. most of whom, by the way, ended up losing their races despite the help from the clintons. let's talk about what this travel tab tells us about the future. lisa booth is senior director of black rock group. julian epstein from the house judiciary committee, staff director, i should say, of the government reform committee as well. welcome to both of you. >> hi, john. >> hi. >> good afternoon. >> i'm going start with you because it's my understanding that you spent a little quality time with hillary clinton recently at a dinner, something like that where did she give you

some inklings into what's going on? >> i did see her. i had a nice conversation with her. i would never kind of reveal the content of the conversation. >> okay. >> i would say the travel tab shows she's in very, very high demand on democrats. look at the approval ratings of her and her husband. in terms of her running for president, i think that she has not made the personal decision as to whether or not she wants to do that, but i think it is highly likely that she will. the challenge for her is going to be to find the right message. i think this can't be about her kind of coronation. it has to be a kind of putting people first message. it's got to be about voters. she's similarly going to have to find a message that isn't exactly the new democratic message of the 1990s. that was her husband's message, but also not the kind of economic populism of elizabeth warren. it's going to have to be her own message. i think she's likely to run, but she's going to have to make a very, very clear case as to why she's running, and it can't be about her. >> lisa, if she is likely to

run, is she likely to win at least the democratic nomination? >> i think she is likely to run, but i think she's got a lot of problems and a lot of explaining to do. look, she owns president obama's failed record. hillary care paved the way for obama care. she's directly responsible for president obama's foreign policy failures. additionally, she's going to have a lot of trouble with the base. we've already seen liberal groups like moveon.org who have been actively petitioning and actively courting someone like elizabeth warren, but i think her biggest problem is the fact that she's not bill clinton. unlike her husband, she has an inability to connect with people, and she has a propensity to offend. we saw this on her book tour, which was supposed to really lay the ground work for her presidential race with offensive comments like we're dead broke and we're not like the truly well off, which goes to julian's point of having this people narrative. it's going to be harder for her to have that narrative and harder for her to drive a populous narrative with excellents like that. >> would you agree, julian, that bill clinton was a centrist

democrat. first of all. secondly, is that what the party is looking for right now? you do get the impression that the elizabeth warren wing of the party wants somebody more liberal than bill clinton was when he was in office. >> i think you're exactly right, swron. i think there is no question in the same way that the republican party has moved to the right in the last decade, the democratic party has also moved to the left, and i think bill clinton was a new democrat, was a third way kind of democrat in the 1990s. it was good politics for the democrats then. i think the situation has changed, and, you know, i do agree with the point that hillary is going to have to have her own message, is going to have to be separate and distinct from the obama record, and the obama presidency. i think she can do that. i don't think she has to necessarily choose the kind of 1990s new democratic message or the elizabeth warren economic populous message. i think there's plenty of opportunity for her own distinct message, but that is her fundamental challenges she announces, which i think will

probably be sometime if i had to guess, sometime around march. >> lisa, you say she might have some problems if she is a potential candidate, but what about the nostalgia for the good old days of the 1990s? might that propel her into the white house? >> i don't think so because i think people are sick and tired of someone like hillary clinton. i think they do want new path forward, and what i'm really excited especially republicans right now heading into the republican primaries for 2016 is we do have a deep bend. we have a lot of people who have -- a lot of intellectuals who have a lot of big ideas for this country, and let's face it, we're facing some big problems with obama care, with isis, with the economy, and we need big thinkers, and we need people that can really paint and create a better path forward for the country, and i think we've got a lot of strong candidates who are going to be able to do that. >> all right. let me just push back on lisa if i can real quickly. >> sure. >> first of all, if you look at hillary clinton's approval numbers, i don't think people are sick and tired of her. she has approval numbers that are off the charts, to begin

with. secondly, she is a consensus candidate. if you compare what's going on the republican side, jeb bush, who i think is a superb candidate and was very electable, somebody who i like very much, he has had very moderate position on things like immigration, things like taxes, things like education. the question for him is will he be able to actually get the nomination given what is likely to be a civil war in the republican party where you have tea party candidates fighting tea party candidates, social conservatives fighting social conservatives, economic moderates. is there any room for economic moderates? you don't have any of that problem really on the democratic side. hillary clinton is the consensus candidate, and that's a big advantage. >> will our next president be a clinton or a bush? that's one question a lot of analysts are asking. we have to leave it there. lisa booth, julian epstein, thank you both. >> merry christmas. >> john, thanks so much, and merry christmas and happy holidays. >> merry christmas. a major controversy surrounding one of president obama's nominees. we will tell you who is now being accused in an alleged theft of cia documents and oil

prices down for a third month in a row. so why isn't this translating into good news for other sectors of the economy? we will get some answers next. d. oh, wow! d. uh huh, yeah. i don't know my credit score. you don't know your credit score? --i don't know my credit score. that's really important. i mean -- i don't know my credit score. don't you want to buy a house...like, ever? you should probably check out credit karma, it's free. credit? karma? free?...so, that's... how much? that's how much it's free. credit karma really free credit scores. no credit card needed.

having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at

see car insurance in a whole new light. liberty mutual insurance.

some major developments on the economic front. the front page of the wall street claiming u.s. economy gains momentum. this as the dow closed above 18,000 points yesterday for the first time ever, and yet, the economic picture remains mixed. joining us now from our sister network fox business networks. charles gasparino. >> thanks for having me. >> there was a big rally here. will it continue? >> i think so. we should decouple the economy purely from the markets. i think the markets like a couple of things. they like low interest rates. they like the fact that oil prices, meaning energy prices, gas prices, are falling.

they like the fact that wages are not that high. you know, we're not getting massive wage growth that we got in past recoveries, and they like the fact that as we're having a recovery, you're not getting massive wage growth. ie, not a lot of inflation. you put that together, and interest rates stay low. unless something crew screws that dynamic up, and i never give stock advice, but it's just commonsense. things could screw thaup, okay? acid bubbles, you name it. they have to raise rates for some reason. even the fed does. you buy the market. the economies have you jobs on the low end. you want to write code. can you get a job anywhere. you make a lot of money. in that middle those wages have been very stick where i in this economy, and i think that's a problem. >> lawrence was on earlier also of fox business network. she said something really

interest abouting that i loved. she says it's an old wall street saying. as january goes, so goes the year. a barometer, she says, that's been accurate 73% of the time. not for this past year certainly, but here we are right around the corner from january. i seem to remember the market going up in january 1999 and into nasdaq crash and a january date in march 2000. a massive crash that a lot of people lost a lot of money when the tech bubble blew up. i just think -- i would just say this. i can't predict the future. i can only tell you about conditions. you buy the market. companies are going to do well. now, anything could screw that up. a war. terrorist attack. fed would have to raise rates for some reason, like there's an asset bubble they have to pop, which happens in a

convoluntarily outed global economic situation that we have. if those situations -- if that situation remains, you know, you -- it doesn't take a lot of brains here. you buy an index fund. it's going to go up probably. >> the low interest rates. what about the housing market. what's up with that? >> well, that's often a function of the fact that americans are -- the wage growth isn't going up. people feel they don't have enough money to buy a house. also, you know, banks -- dodd frank did something very interesting. they did something really stupid. in the middle of a housing debacle, it heaped all these regulations on banks, which made it more difficult for banks to lend money out. what you have here is the fact that you really don't have a housing recovery. it's bouncing off the bottom, but it's never -- it's nowhere near where it was at, and you probably don't want it where it was at during the height, but would you like a decent recovery, and except for some -- there's a new places where it's bounced back, and it's stayed kind of high, but for the most part, housing hachkt recovered that well. >> wow.

interesting stuff. thank you so much, charlie, for being here today and sharing all of this. >> merry christmas. >> merry christmas to you. john. >> i'm going to follow charlie around and see what he does with his money. if you want to catch charlie, he is on fox business network. go to fox business.com. >> he became a top leader in al qaeda. so why in the world did we let this guy go? what impact will his case have? a debate over closing gitmo. we're live with more on that story. plus, a gun-smuggling ring involving airline employees raises red flags about airport security sparking fears about the screening loophole. get bombs on board passenger planes.

new controversy over plans to close gone notice bay as we get disturbing information about a former gitmo detainee who was

released by the bush administration eight years ago. into a saudi rehabilitation program. it turns out he is not only back on the battlefield, but a top leader of al qaeda in the arabian peninsula in yemen. shannon is following that story from washington. shannon, what can you tell us about this terror suspect. >> well, he was released back in 2006. the administration says he has been serving as a senior official with al qaeda and the arabian peninsula since 2013. they tell us that he has been key in planning attacks. he is officially on the rewards for justice website with up to $5 million ready to be paid out to whoever can bring him in. this is just the latest example of the rescidivism rate of those released from guantanamo bay. they are also now joining the brutal ranks of isis. >> i, in fact, called on the president to have a moratorium on transfers until we could get

a better sense of who had joined ice and is why they were joining. >> we're told that in the new congress kicking off at the top of the new year, senator ayotte is likely to introduce some piece of legislation that would put that moratorium on any further releases. >> we've seen some recent transfers and with cases like this in mind, is the administration still planning to move ahead with more transfers? >> we all remember the president campaigned on closing gitmo. he has revisited that plan many times during his six years in office. congress, though, on a bipartisan basis, actually, has successfully blocked efforts to close gitmo outright or to transfer some of the detainees to u.s. soil here in the mainland. state department spokesperson ray harp says those transfers will continue. >> i think where we are today is with some momentum, and we have moved forward. there's 132 remaining. 64 of those are approved for transfer, so the diplomatic piece of that is finding countries that are willing to be partners and allies in this effort to transfer them with the

assurances we need whether it comes to security. >> and that saudi arabian rehabilitation program is taking a lot of criticism. they were supposed to use sports and art therapy to turn these terrorists away from extremism and to more productive citizens. we'll see. >> sports and art therapy. thank you, shannon. interesting. >> thanks for that report. there is new fall-out after a gun-smuggling ring was apparently busted wide open involving airline employees moving those weapons through two of the busiest airports in the world. here you see some of the guns that were seized. the current and former workers accused of putting guns and ammunition on at least 20 flights from atlanta's heartsfield airport into new york. it's all shining a spotlight on a major security loophole. >> the scheme really poses a threat in terms of terrorism. they can put guns on a plane this time. they could have'sly put a bomb on one of those planes.

>> jonathan gilliam, a former air marshall, also a former fbi special agent with the joint terrorism task force. when you read the details of what the authorities say happened here, it's pretty stunning. one of these guys worked for delta airlines as a baggage handler, had the ability to come and go into delta's secure facilities. wee hand him the backpack in a rest room, according to the authorities, and this guy would get on a plane with a backpack full of guns. >> the problem with security especially at the airport, which is surprising to a lot of people, is that there are no checklists for the way that they

go about and strategically position security or think up policies. you know, money guides the trail of where security is. we look at where, you know, you go through the screening for your bags. tremendous amount of security. this is one of the ways they've got box cutters on to the planes in 9/11. nothing has changed. >> we can thank these guys for letting us know this kind of security hole exists. i mean, i hope the tsa is going to address this kind of thing in the future. >> sources and undercover work is still the most effective way to catch people doing things, and that's how they were caught. selling the guns to undercover officers. just you would think that tsa would be forward-thinking this, that the fbi and specialists would be on it, but the problem is the airline industry is the worst mix of bureaucracy and a

private business. >> yeah. i am no fan of the airlines, but obviously everybody wants to be safe. i think it's a little bit of lunacy that they make the pilots, the crews, for instance, if through tsaa screening. if a pilot wants to kill a bunch of people on an aircraft, all he has to do is sneeze on short final and dive that thing into the ground. >> see, the -- they're making the peelts go through this kind of screen, but a guy who is a baggage handler doesn't have to? >> that's the policy i'm talking about. these buddy passes. that day and age changed on 9/11. there's no reason to have buddy passes for people of this nature and if there is, they go through the main checkpoint. just like everybody else. if you are going to make a pilot and crew who day in and day out go through that, why would you allow these people, and why aren't these security procedures being locked up? >> right. because the guy who was apparently bringing the guns to new york, a guy named mark david -- i'm sorry. mark quinton henry, used to be a

delta airline employee. he got fired in 2010. his mother still works for the airline, and she was able to give him free flights through these buddy passes. >> this all comes down to leadership. leadership and industry, and sony has a problem when you are not, you know, locking up your internet and unsecure web sites, and problems in the airline industry, but the gitmo thing that you guys just talked about there a second ago, you can't develop policy based on special interests. it's the same thing with the airline industry. you have to have policy that works. otherwise, people are going to exploit those holes, and bad people are the ones that do that. >> if the pilots have to be screened, for crying out loud, shouldn't the baggage handlers? >> i'm looking at you. you don't look like a bad guy, but these guys that are going in, this they don't look like bad guys either, but somebody has not thought this through. there has to be security officials that are in charge. stop saying, oh, i was a cop.

you know, hire me, and i'll just hire my friends. you have to have people who know what they're doing. >> let's put you in charge. jonathan, all right, thanks very much. >> all right. >> a homeowner tried getting into the christmas spirit by creating a nativity scene, but the town not so happy about it. jason dixon didn't have the traditional wisemen and baby jesus figures. he improvised with what he did have. zombies. >> manage 13 rooms of doom haunted house, and i had all kinds of props left, and none of them were pretty. the neighbors don't like it. my father hates it. anything bad that happens, he blames it on that. on the average we probably get 30 or 40 cars stopping taking pictures, getting out with their camera. people that follow zombie movies and stuff like that, they love it. >> town officials on the other hand filing a complaint about how close it is to the street, ordering him to take it down by december 26th.

dixon says if it was a pretty nativity, there wouldn't have been an issue, and it's his first amendment right to have it up. >> but it's ugly. i'll go with that. >> it's understandable that a lot of people don't like it. >> and wrong. yeah. wrong that it's up. whatever. i digress. sony pictures is threatening to sue the world's biggest media companies, but could the entertainment giant now be going after me and you? the latest on its warning to one major social media network about users who dare to disclose any leaked information uncovered in that massive cyber attack? also, one elf behaving badly this christmas season. we'll tell you why one of them nearly ended up in the slammer. ♪ the happy elf ♪ i'm the happy elf ♪

coming up at the top of the next hour, are our american fighting men and women losing faith in their commander in chief in the white house? well, it appears the answer to that question is yes. that's the finding of a stunning new survey of military members which shows only 15% approve of the job president obama is doing. it is the lowest number we've seen since the president took office, so why is it happening? what has the president done or not done?

can't wait to ask. a former marine lieutenant colonel and fox news military analyst when he joins me here on the fox news deck. we have a lot going on in the world right now. enemies poised to kill us. how critical is the low morale. that's coming up when i fill in for shepherd smith on the fox news deck. back to my friends in the studio, molly and john. >> thank you, harris. you've heard of bad santa. get ready for a bad elf. definitely on the naughty list. after he got arrested for dwi. don't worry, kids. he is not really one of santa's elves. just a guy dressed up in an elf costume. place say they found the 23-year-old passed out in a car. the engine was running. the music blairing. he also had an open can of beer in the car. that's a big no-no. he was issued a summons and released to a family member. well, sony doubling down on its effort to stop any more information leaguing out from the big hack attack.

this as we learn that the studio giant now going after social media. >> debra, a defense attorney and david brunh yoeshgs also a criminal defense attorney and prosecutor. thank you both for being here. >> thank you, molly. >> thank you. >> let's kick this off with already tloof people on twitter, and is there a certain essence of people's right to speak and talk about what they want to talk about and talk about what they learn on twitter? that sort of thing. debra. >> well, my firm actually just represented a client successfully who was charged with tweeting death threats against the mayor and the president, and he was prosecuted. not twitter. this is a similar situation where they're providing leaked information. they didn't steal the information. they're just allowing its user to tweet that information. so does sony have a legal leg to stand on here? probably not. this is -- they are allowed to

publish this information. >> david, what do you think? is twitter somehow responsible? >> i'll tell you, sony is trying to say twitter take them all down and suspend the accounts that have what they say privileged or confidential information. i will tell you, that will be a tough road to go for sony. i'll till, there's a supreme court case out of 2001. in that case there was a broadcasting company that took illegally intercepted telephone conversations and broadcast them over the radio. what the u.s. supreme court said for that broadcasting company, as long as you didn't take the actual intercepted communications, you certainly have a first amendment right to publish them, and this should also apply to twitter, twitter users, web sites, blogs. it goes on and on. this is a first amendment protection. >> is this the type of issue whe

where. >> either way, as said before, there are constitutional safeguards such as freedom of press, free speech, free speech on the internet that protects twitter. if you think about wiki leaks for example, we can compare this to wiki leaks. there people disseminate classified materials. wiki leaks is not the one stealing the information, so they're able to protect themselves in lawsuits by saying we haven't stolen the information. >> could this have the affect that twitter might take action and do what they want? is that possibly what's happening here? >> i think that's what sony is trying to do, okay? this letter does not mean that

they're actually going to file a lawsuit. in fact, this is not uncommon for a lawyer to try to chill or stop particular behavior before it gets to litigation. sony is going to really have to think about whether or not they're going to be successful on the merits. i will tell you that the letter is interesting in that the letter that was sent to twitter talks about trade secrets or confidential information. it will be interesting to see if they're going to say that any specific trade secrets are published because that may be a different question. >> maybe there's a personal technique of lighting or recording or things like that. >> all right. debra, david bruno, thank you so much for joining me here today. both of you. giving us insight in this. everybody is watching what happens right now with sony.

>> thanks for having me. >> happy holidays. >> happy holidays to you, merry christmas. >> merry christmas. a major bombshell over president obama's nominee to be a top leader at the pentagon. fox news is now learning that alissa starzak is one of the staffers accused of stealing classified documents from the cia. chief washington correspondent james rosen joins us live with details. so what senior level pentagon job was alais lisa starzak up for, and what's going on with her nomination? >> john, good afternoon. an attorney who has served in senior legal jobs at the central intelligence agency and the defense department, alissa starsdwl ak was nominated by the obama administration in july to serve as general counsel to the army. intelligence and congressional sources tell fox news she was one of the majority staffers on the senate intelligence committee who was privately accused by that panel's republicans and by career intelligence officers.

awe classified privilege cia document. that document was flat out stolen. the incident allegedly occurred when starsdwl ak and one other colleague that remains employed by the intel committee were reviewing millions of cia documents at a secure facility in northern virginia. to help prepare the intel committee's recent report on cia treatment of detainees. the secret document in question is the so-called panetta review, an internal assessment of cia's conduct prepared by the agency's then director leon panetta. >> in fact, cia officials and the outgoing chair of the intelligence -- dianne feinstein of california have traded allegations of criminal conduct in this case with feinstein accusing cia of hacking into her staffer's accounts to monitor

their work. they were declining to pursue intelligence committee. >> when this classified document entered the senate intelligence committee offices it was not shared with the other side. that's a violation of the rules. under the rules of both intelligence committees, any documents that enter the offices have to be shared by both sides. you can't keep a secret archive of classified documents. >> reporter: the senate expired last week without voting on starzak's nomination. so the obama administration will have to resubmit her to the gop controlled senate next year. both the army and white house told us they have no information on whether that will actually happen. john? >> could be fireworks. thank you. >> thank you. are you ready for the big one? how a new alert system could provide an early earthquake warning that could save your life. --i don't know my credit score. that's really important. i mean -

i don't know my credit score. don't you want to buy a house...like, ever? you should probably check out credit karma, it's free. credit? karma? free? credit karma. really free credit scores.

female announcer: even tempur-pedic mattress sets at low clearance prices. save even more on floor samples, demonstrators, and closeout inventory. the year end clearance sale is on now at sleep train. ♪ your ticket to a better night's sleep ♪

that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would.

switch to comcast business and get the fastest wifi with the most coverage. comcast business. built for business. there is a new invention shaking up earthquake alerts. it gives folks an early warning, kind of like a smoke alarm, and it could provide enough time to take cover. will car, live in los angeles. tell us about this new system, will. >> hi, john. government experts hope to get this technology up and running soon, before a massive earthquake hits the west coast. so what they're doing is working with private companies to get a warning system up and running, a system that can alert residents and first responders. now, earthquake warning systems aren't anything new. in fact, mexico and japan have invested heavily in similar systems after exhe personsing devastating earthquakes. >> in the case of mexico it was after the 1985 mexico city earthquake that killed 10,000

people, that they built a system. in japan it was after the 1995 kobe earthquake killed 6400 people that they built a system. and the united states is trying to build a system before we have the next big killer earthquake. >> reporter: talk about a warning system, got a lot of attention after an earthquake hit the napa area earlier this year and caused over $400 million in damage. experts with the u.s. geological survey say to get it done, they need $38 million up front and then $16 million annually. they did just get a down payment from congress for $5 million. so the way this system works is, there are hundreds of usgs sensors that run along fault lines. when earthquakes strike, those send warning signals faster than the waves than the earthquake can travel giving residents seconds or minutes of warning. one private company early warning labs, created an app in a device that's very similar to the weather and am bert alerts you get on your phone.

>> we can play alerts over the speakers, directions to employees, we can shut downs gas lines, we can open garage doors so they don't get stuck shot, so fire trucks can get out, ambulances can get out, utilities can get out. >> reporter: a couple seconds may not sound like a lot of time, john, but the government experts say that could be the difference between life and death. >> wow. cool technology. will carr in los angeles, thanks. have you ever wondered what would happen if you gave a homeless person $100? one man did just that and he had his camera rolling, too, and what he uncovered just might surprise you. ♪ a factor christmas special, tidings of good cheer with gabby douglas, and mother dolores hart and a lineup you won't see anywhere else. don't miss "the factor's" most compelling christmas.

can you help me up? [ snow intensifies ] [ sleighbells ring in the distance ] aleve. all day pain relief with just 2 pills. get back to being you. nobody's hurt,but there will you totstill be pain.new car. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up

due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance.

surprising and emotional outcome for one man who decided to find out what happens when you give a homeless person money. he gave this homeless man named thomas $100 and secretly filmed him. thomas took the money into a liquor store but instead of buying booze he got food, handing it out to other homeless food at a nearby park. the man behind the video went up to the guy and gave him more money. the man says he quit his job months ago to take care of his sick parents with who have died. >> nice gesture since this time of year. traveling circus and big trouble for one of the acts. they were chow chow dogs, dyed black and white. >> oh, no. >> masquerading canines seem to

be in good health. the circus in italy could face fraud and animal cruelty charges. are you convinced? >> i don't think you get too many circuses with pandas. >> an italian circus. who new. >> merry christmas. thanks for joining us. >> merry christmas. >> violent mobs, once again attacking police in missouri. they are angry after a black teenager ended up dead outside a convenience store shot by police but officials are insisting this is nothing like the recent police shootings that sparked racial unrest nationwide. i'm harris faulkner in for shepard smith. it happened in berkeley, missouri. unlike the shooting of michael brown, who was not armed, police say the suspect in this case, armed and aimed a gun right at the officer. still, that didn't stop angry protesters from storming the scene and things got crazy pretty quickly. protesters tossing fireworks and