>> well time to go. that's it for us. have a great weekend, everyone. "special report" is next. you. breaking tonight, president obama suggesting the u.s. is less racially divided than when he took office. despite the growing protests and threats against police in new york city over the death of eric garner and the new racially charged outrage over the death of another black 18-year-old in missouri at the hands of a white police officer. good evening. welcome to "the kelly file." i'm shannon breem in for megyn kelly. demonstrators staging a die-in at the st. louis airport chanting "your silence is violence." the scene far calmer than when the violent protests first erupted after surveillance video showed a white police officer shooting and killing a black

18-year-old who police say held out a gun and pointed it at the officer. all this as protesters in new york continue demonstrating against the nypd decembspite ca for mayor de blasio -- officers are finally laid to rest. it was a sea of blue today at the funeral for officer rafael ramos. with a funeral for his partner, officer liu set for tomorrow. the nypd is reporting at least half a dozen people have been arrested and 40 investigations launched into continued threats against police. and with officers being encouraged to wear bulletproof vests, to work only in groups and to remain vigilant even as they attend their colleagues vigils, despite these racially charged events, president obama is telling npr that the account is "less racially divided in day-to-day interactions than when he took office."

we have david webb and alan combs, but first fox news exclusive with nypd sergeant who turned his back on new york mayor de blasio. sergeant mullens joins us now. sergeant, first of all i want to thank you for your service out there in the line of duty, sir. >> thank you. thank you for having me. >> i want to ask you, after you've had a little time, some of the tensions maybe have simmered down a bit. do you regret your decision to turn your back on the mayor or to say he has blood on his hands or do you standby those actions and statements? >> i standby those actions and statements. the mayor has gained public office by turning his back on the nypd. his whole campaign was based on issues confronting the nypd. if you look at the mayor's track record nowhere along the line did he ever have any kind of a background that was on the side of law enforcement. he's always been divisive when it came to law enforcement and the community.

and it's only as a result of these two officers being killed is the mayor now making statements that we need to comply with lawful orders and respect our police. it hasn't been the case in the past. and as far as turning my back on the mayor along with other cops, i standby that. i think that the mayor needs to lead and he's not doing that right now. >> well, and there's been a banner that flew over the hudson river there in new york that addressed mayor de blasio specifically. a blogger alleges that it was a group of anonymous police officers, retired and current officers, it says "de blasio, our backs have turned to you." do you think it's helpful in this situation, do you think it gets us any progress towards maybe some conciliation? or do you think there is reconciliation possible between the mayor and the nypd? >> there's always reconciliation possibilities. we've seen countries that have been at war for years and years where they do get to point of

reconciliation. what's interesting is that the question of reconciliation consistently comes up. and we're now a week later. here it is friday, and a week ago today the mayor sat down and met with the protesters. it will be a week tomorrow that these two officers were executed in their patrol car. and the mayor is yet to reach out to any of the police unions to discuss moving the ball forward and having a less divisive city or plans for dialogue or any kind of communications to build bridges going forward. he's made public statements. he's been really hiding under the popularity of the police commissioner. and ultimately it still comes down to the rank and file. his argument has been we don't represent the rank and file. i think you're going to see in the weeks that come he's completely wrong on that. >> he has made statements outright condemning these killings saying there is no possible justification. he has asked for protesters and demonstrators to stop at least until these two men, these

heroes, can be laid to rest. and the conversation can restart after that. are those actions not enough for you? he visited the if you were the mayor of new york, what would you do? >> if i was the mayor in new york i would approach the subject with a lot more humility and start to re-evaluate how i came into office and maybe realize that some of my actions were not the right actions that need to be reflective of all people. and what the mayor came in with was a tale of two cities to which today we now have. we didn't have two cities when he ran for office. he needs to become humbled. and he needs to start backing up his words with actions because he has no track record of having actions in the past. i would personally further it with meetings -- and i'm opening myself to meetings with dr. king, dr. ben carson, the reverend floyd flake, george martin, former nfl player for the new york giants. him and i have been working together trying to build bridges. and we are reaching out to these

particular individuals of credibility along with eleanor tatum who runs the amsterdam paper. i would like to start to work towards some ideas i have that i think would be helpful to build bridges going forward with the community and to get them to understand exactly what the police do. the police in this country and in this city are not the enemy to people. we are by no means the enemy to people. and we're trying to provide the best in public safety that is available. >> sergeant, let me ask you, what does it do to the officers on the front lines to their job, their ability to do their job when there are these threats, credible threats that are coming in? and yet they get in their cars, leave their families every day and go out and work their beats. >> the stress levels are monumental right now. officers are very vigilant as to what takes place. the simplest act of walking into a store or going out on a particular aided case, you don't know if you're going to an aided case or ambush. so the awareness levels are very

high, the stress levels are very high. and in the long run this is something we'd all like to see be lowered and create an atmosphere of safety for the police officers. but we're doubling up in patrols and watching each other's backs and the cops are arming themselves, inside stationhouses now. we've now become a very defense-oriented police department. >> all right. sergeant ed mullens, we thank you and your fellow men and women out there doing their jobs risking their lives and choosing this career. sir, thank you very much for your time. >> thank you. have a great night. >> you too. >> joining us to react host of the alan combs show. good to see you. i got to start by what do you think of sergeant mullens' remarks? >> well, mr. long didn't seem to stick anything -- i mean, he said the mayor should change his

attitu attitude, but what else can he say? he would not tolerate any negative actions towards the police. when he spoke of his son who is bira biracial, what was left out is saying the police are there to protect you. make sure you listen to the police in you're in a situation. you have a bunch of white people in many cases sitting around on cable news and on talk radio and basically telling black people how they should react to a situation where according to a nonpartisan group black teenagers, black men are about 21 times more likely based on the study done over the last 22 years -- rather 12 years, to be killed by cops. i mean, if you're a black parent or parent of a biracial child, that's the feeling you're going to have in this country. and what the police are doing by the banner you were just showing on the screen and by turning their backs on the mayor, that's not healing the city.

that's not bringing people together. there's one -- >> all right, alan, i want to bring up a couple remarks the mayor said and give you a chance to explain these. you can see how the officers feel slighted by the mayor. we had to train our son in how to take special care in any encounter with the police. he also said it's different for a white child. and he's referred to the history in this country. a lot of officers feel that's tagging them with some kind of taint of racism before they've ever done anything wrong. >> he said special care with the police, then he said who are there to protect you. that part is often left out. he was clearly stating that the cops are the good guys who are there to protect the community. and that's an important part of that statement because he wasn't putting down the police. he wasn't being negative about the police. it's different if you're the parent of a white kid. if you're the parent of a black

child, what's happened in this city historically with blacks and the way they've been treated by police f you've seen what's happened all over this country. what parent isn't going to want to protect that person's child? >> alts the mayor of a city like new york city you're speaking out publicly and saying that in the wake of these tensions you do have to be careful about what you say, no? >> he said the police are there to protect you. that's an important part of the statement of what he said. by putting up banners, by turning your backs on the police, that's what's dividing the city. patrick lynch saying the mayor shouldn't attend funerals of slain police officers when officer ramos's family, one of those killed, said they want the mayor there. to say the mayor shouldn't appear to turn their backs on them, that's what's dividing the city right now. >> i agree the families should have the wishes as they choose them. no one can speak for them. alan colmes, good to see you, sir. as we see growing protests and threats against police, why isn't president obama saying he

believes the country is less racially divided than when he took office? plus, protesters taking to the streets at this hour for a second night after a white police officer killed a black 18-year-old. mark furhman on why the rhetoric does not fit the evidence in this case. and why the national conversation about race and policing is not being based on facts. and a week after the u.s. government blamed north korea for that cyber attack against sony, why many security experts are saying they still aren't convinced kim jong-un is the culprit.

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new questions about the anti-cop rhetoric as new protests are getting started in berkeley, missouri. demonstrators staging a die-in this hour at the st. louis airport. as we mentioned at the top of the hour angry and violent protesters clashed to the streets after a white police

officer killed a black armed teen. the shooting caught on surveillance video released by the berkeley police department. the video shows 18-year-old antonio martin walking through a gas station parking lot moments before police say he pulled out a handgun and pointed it at the officer. the officer then pulled out his own gun and fired at the armed teen. as you know, violent protests also erupted after a grand jury failed to indict darren wilson in the shooting death of michael brown and after a grand jury did not indict the police officer in the eric garner case in staten island, new york. but critics of the protesters say the facts of these cases do not back the anti-cop rhetoric. mark furhman is a former lapd detective and fox news contributor. good to see you tonight, sir. >> hi, shannon. >> how tough do you think it is in each of these individual cases they really are so different, the handful we're talking about, very different circumstances and very different findings when it comes to the witnesses, the grand jury, the circumstances of each of these

cases. but do you find there's such a combustible conversation going on right now that no matter what happens if some of those basic outlines are there people are going to jump to certain conclusions on either side? >> absolutely. and the basic conclusions or the ingredients to these are if you have a white police officer even though his life's in jeopardy clearly on video, which you can see in this video, that somehow the white police officer is at fault and the facts and the forensics and your own eyes mean nothing. the very agenda, the narrative is that the police are racist if they're white enforcing the law, but if they're black and enforce the law, somehow they're not. so when you look at these situatio

situations, there's nothing a white police officer would do from people like al sharpton down to the lowest street demonstrator in anywhere usa. >> i want to ask you in the case of berkeley, the mayor there, theodore hoskins, he is african-american himself, he's reviewed the basic facts of his case and from what he understands this is nothing like the other cases mentioned. he sounds like his narrative and what he's seen matches the narrative from police. that this 18-year-old had a gun, pulled it on the officer who shot to protect his own life. do you think it's helpful that the mayor is himself african-american? do you think he will still be discredited by those who feel like there's a bigger problem and that somehow the mayor is betraying them by not being on their side? >> well, i think that's exactly what they're going to see. they're going to say he's part of the established -- part of

the problem. and the agenda, or really the chanting theme of these protesters really is is a white cop shoots a black man or a black teen. but nobody accounts for the conduct of the person that is truly the suspect. they get up in the morning. they put a gun in their waistband. they go out into public. nobody told this young teen to pull that gun on that officer. he could have simply said i've got a gun and raised his hands, got on the ground. he chose to do what he did, and he died because of it. nobody is accounting for his conduct. you have crowds that really sound incredibly ignorant by backing the conduct of this man is that what they teach their children? is that what their community is? that's really the message they're conveying. >> hearing from his family they of course are absolutely heartbroken. this is a young man 18 years old. they are devastated by his loss.

never expecting to lose when he's at a gas station one night with some friends. at the same time we are seeing this reaction where people are quick to jump down the line to join some of these protests. and this is so close to where everything exploded in ferguson. i can't imagine that things have been resolved there in any real long-term way just yet. how much pressure does this put on police to make sure that they don't miss a thing when they're out? not wanting to contribute to this ongoing tension from both sides. >> well, when you look at this, you know, they can do anything they want. but if they come to work and they answer a radio call, which is really exactly what happened in this instance, they're investigating a theft and they end up in a shooting. they can't control these dynamics. this is not an action that is initiated by the police in the michael brown death or in this shooting. these are both instigated by the suspect. they are both dictated, all the

moments the officers are just reactionary. so when these officers go out into the street, it's not that they can say, well, i'm not going to do this and i'm not going to do this and i'm not going to push the envelope on this. whoever they run into makes that decision. they know they're the suspect. they know that they're going to be violent. they know that they're going to try to kill the officer. they are completely reactive. and the public seems to be completely, you know, clueless to this fact that these individuals dictated their own death. >> and what is so difficult is that people that may have very real grievances and concerns and fears, it seems in some of these cases, are being leveraged to the benefit of someone else who maybe doesn't have their best interests truly at heart. mark fuhrman, good to see you tonight. thank you. >> thank you. now, as we see growing protest and outrage against police, why is president obama saying the country is less racially divided than when he took office? david webb on that just ahead.

and why people are upset that jetblue is helping to fly police officers across the country who want to show their respects to the slain officers and attend their funeral. plus -- >> peanut butter and jealous. >> what is there to be jealous of? >> they hate kaus auz -- >> stop saying that. >> haters gonna hate. >> and aters gonna ate. >> that is not something actual say. >> the crisis over "the interview," the critics are not raving over the film, but does it here's a question for you: when electricity is generated with natural gas instead of today's most used source, how much are co2 emissions reduced? up to 30%? 45%? 60%? the answer is... up to 60% less. and that's a big reason why the u.s. is a world leader in reducing co2 emissions.

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jetblue under fire tonight for offering free flights to

police around the u.s. who want to pay their respects to the two murdered nypd officers, wenjian liu and rafael ramos. writing the airline "supports police brutality" and accused the new york-based company of being racist, some even calling for a boycott. developing tonight, new reaction from president obama on race relations in america as we see growing protests in berkeley, missouri over the death of an armed black 18-year-old shot tuesday night by a white police officer. meanwhile, threats continue against police in new york city after the execution-style murders of two nypd officers and the continued fallout over the grand jury's decision in the eric garner case. all the while president has said in a new interview, race relations in our day-to-day interactions are less racially divided. david webb is a co-founder of tea party 365 and a fox news

contributor. david, good to see you. >> good to see you, shannon. >> all right. do you feel that there was or there has been some missed opportunity here for president obama? because a lot of people voted for him even those who didn't vote for him had high hopes that maybe it would be a turning point in race relations in this country? >> you know, it's not as simple as black or white, as you know. and part of this is high hopes placed on the color of skin rather than the content of character. think of martin luther king jr. words. president obama could have set the bar higher for elevating this discussion on what exists and what remains in our society. but first we also have to extract what really matters here in the numbers. the majority of americans just move them out of the picture. we've come a great way since civil rights and vote gt rights in the '60s.

and we are not a raceist countr. however, there's a small group, driven by false leaders like al sharpton who sits at the right hand of president obama, who sits at the right hand of bill de blasio, mayor of new york, and they are investigating and driving a narrative that if you're black everything else is against you. even within the black community it's not a monolithic block. even when that community which is 13% of our population, you can take a group that live in the suburban areas, more affluent blacks, and separate them from areas in urban environments where there's a higher concentration of poorer blacks and those are the ones not being used by these false leaders. it's a much more complex situation. and it's been a missed opportunity. this country has done an amazing -- absolutely amazing thing with slavery and with race

relations for all ethnicities. but we are being left in a divisive battle rather than being allowed to expand and have a real conversation. >> i want to point to a fox news poll just a couple weeks old now asking are race relations better or worse since president obama took office. 19% say better, 62% say worse. 17% say no different. are you surprised at all by those numbers? >> no, i'm not. because if you take that small plus vocal minority that i talk about, they are the ones driving the narrative. al sharpton driving a narrative of hate and divisiveness. when you hear that so much in the media and being driven constantly and being literally propagated by the congressional black caucus with their hands up don't shoot predicated on a lie, when you hear issues like ferguson -- not ferguson but berkeley, the recent shooting in berkeley where the black mayor comes out and says this is not ferguson. and when you clearly had a criminal pointed a gun at a cop

and unfortunately in this case paid for it with his life, then what you have is this complete disconnect between reality and who we are. people see that and think relations are worse. the relations are better for most americans. they're worse because of the small minority. >> you mentioned al sharpton a couple of times. do you think at some point the president is going to have to distance himself from al sharpton who among other things, i mean, "new york times" not exactly a conservative public kags pointed out he and groups he's associated with owe more than $4.5 million in back taxes. and yet he enjoys a very close relationship with very influential people including the commander in chief. >> al sharpton is a shakedown artist. that is probably the broadest way to describe him. he is someone who is president obama's go-to man on race. those are the president's words, his own words.

he is a shakedown artist for the black community. notice that he doesn't go out and shakedown ferguson for funds after he does not go back when the protests and riots are over. he goes to sony, why? there's money there. for the president he's very valuable. he's valuable because the president who is a progressive, who has used this tactic from 2008 in that election cycle seeks to divide americans into groups, the war on women, the war on blacks, the war by cops on blacks, whatever war they want to cook up to divide people into voting blocks and keep them where they are. so al sharpton serves a vital role in that behavior. and it's this continued narrative that is driving more americans into disgust with this system. in time we need to get over it, but we need to start by number one as a country turning to people like him and saying you are an inconsequential, not insignificant because he has a huge platform, but an inconsequential figure in the

actual honest discussion about fixing problems where they exist, not when they're ginned up with false race narrative. >> all right. david webb, we got to leave it there. good to see you, sir. >> good to see you, shannon. new developments in the hacking of sony pictures. a week after the u.s. government blamed the north koreans for the cyber attack or cyber vandalism as the president called it, many security experts are saying they still aren't convinced that the regime is to blame. we'll tell you why. and the high profile issues the supreme court will likely tackle in 2015 and why liberals may not like the high court's expected rulings. and new information on former president bush's condition tonight.

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she doesn't make it! only mucinex dm packs 2 medicines in one pill to relieve wet and dry coughs for 12 hours. start the relief. ditch the misery. let's end this. developing tonight, the sony picture hacking scandal rocking the studio in the past month, but its controversial film "the interview" finally opened on christmas day. grossing a million dollars in a very small scale release. fox news has this report. >> reporter: shannon, the may or may not be tied to noort korea movie goers packed 331 mostly packed theaters take into account it was supposed to be released to 3,000 mainstream theaters. but even so sony says they made more than $1 million on opening

day. >> i feel that we live in a country of more freedom and privileges than anywhere on earth. and to be dictated by a country such as north korea, it just is more rewarding to be sitting here right now. >> the switch by sony to allow the movie back at limited release at u.s. box offices meant long lines at the country depending on where you were trying to see the movie. people wanted to see "the interview," when they came out of the theater many actually said whether they liked the movie or not didn't matter, it was about making sure nobody told americans what they couldn't watch or couldn't see or what they couldn't hear. >> cannot allow dictators or fundamentalists tell us what media we consume and how we want to express ourselves. >> the defiance even included a theater in texas where before the actual showing movie goers sang "proud to be an american." ♪ i'm proud to be an american >> the movie was also very popular online, available through a number of video on

demand options. microsoft xbox and sony playstation suffered disruptions due to an apparent attack from a group called the lizard squad, different than the guardians of peace blamed for the sony hack a month ago. unsure whether it's tied to the sbe release or christmas day or just an actual gaming issue. authorities are looking into that possibility as well. meantime a lot of talk about cyber security in washington. the president urged congress to pass legislation when they convene in january. and some republican leaders in congress have criticized the president, but they both can agree on one thing. it's going to take a partnership of a number of government agencies working with private industry to make sure we have cyber security not only for private but public entities across the country. and that is no small task. shannon. >> all right. adam, thank you so much. the film may have grossed $1 million on opening day and audiences may have liked it, but

so far film critics are not fans. but at this point does it even matter? we agree the movie is probably not going to be up for a lot of oscars. would it have gotten anywhere near this attention short of the hack? >> this probably would disappear without much of a taste. sloppy farce, a dopey bro-com. but it barely matters because people are flocking to see and to stream it. almost as a patriotic duty. and even jokes about was this a diabolical publicity stunt by sony. >> that's right. despite that it's getting mixed reviews, people saying it's funny. we talked about it earlier, depending on the viewer and a lot of people are going to make a statement. at the end of the day how does this fare for sony long-term? >> let's not lose sight of the big picture. this will be a big financial loser for sony. and a pr debacle because sony

remember a week or so ago the ceo of sony pictures went on the air and said we can't possibly put this film in the theaters or online, and president obama doesn't understand, the press doesn't understand, and then after a lot of media condemnation does a complete flip-flop, doesn't say, oops, sorry, we made a mistake. so rather than being a champion of free speech which would have been the case from the first place, it now kind of looks like a spineless jelly fish. >> do you think they'll get any credit? at the end of the day you have stars and celebrities speaking out big win for the first amendment, this is great. can't tell us what to do here in the united states. do you think in the end people will think sony ultimately did release it so they stuck by their guns. >> sony now has the most-talked about picture in america. people aren't going to remember the weeks of the back and forth, all the pressure. it eventually got to the right place that sony continued to sit on this movie somebody would have bleeped it and it would have been seen on a blacklist kind of situation. so in that sense, but we also

can't lose sight of the other thing which is all these embarrassing e-mails, snarky e-mails, racially tinged jokes talking about women actresses making less than their male counterpart. sony has -- even people not part of it feel like a part of the conversation. >> if we don't see it the terrorist wins, something along those lines. there is one other movie involving ste involving steve carell. saying we have a first amendment and -- >> well, the first amendment only applies to what companies think they can make money on. but it was reported very early that the movie had been killed. maybe in light of the fact people buzzing about "the interview" film not getting great reviews but the people behind the steve carell movie

will jump on the bandwagon as well. >> excellent. thank you. new information on the sony hack with some sources now doubting it was north korea behind the attack. security experts citing reasons such as motive, ability of north korea and whether the attack was done by private hackers. some even suggesting the fbi's evidence is "circumstantial." this as north korean leader kim jong-un is apparently getting closer with russian leader vladimir putin. spokesman for eight years in the bush administration, and a fox news contributor and one of our favorites in addition to all of that, rick, good to see you tonight. >> you too, shannon. >> you and i have talked about russia many times over the last few months. they came out today -- not today but in the last few days and patted north korea on the back essentially saying good job. and, you know, countries can't go around making movies like this. what gives? >> yeah. i mean, this is really a big significant move i think was lost because of the christmas

break. but when you have an official russian spokesman, the foreign ministry spokesman, coming out and defending north korea, north korea even at the u.n. is a pariah state. it is rejected at the u.n. and yet the official russian line is not only complimenting north korea and defending north korea, but it also took a swipe at the united states. now, this means that the russian foreign ministry and putin specifically is feeling emboldened. they're feeling like there are no consequences if you take on the u.s. or the west in general. word just coming out crimea where they grabbed a whole section of the country and basically there's been no consequences but some sanctions they've brushed off. so i think what we're seeing now when you defend north korea, the pariah state, you're really seeing yet another step by the

russians to take on the u.s. and something needs to be done at the state department even though i know they'll kind of brush it off and pretend it's just rhetoric from the russians. it really needs to be taken seriously. >> well, yeah. and when you add it to all the other things you mentioned the annexing of crimea and all kinds of other things they've done showing they really don't have a great fear that the west is going to be able to do anything that will hurt them permanently. you mentioned that north korea is, you know, they're persona known gra ta at the u.n., and that's saying something as you know. and yet for them to be backed by russia against that backdrop, they really must think there are no consequences. putin must. >> well, i think if you go back to the beginning of our relationship during the obama administration, our relationship with russia, you remember that hillary clinton stepped forward and said, you know, let's start this relationship all over. what has in the past hasn't worked. that was the admission by the

obama team. so they brought out this reset button. and they, you know, in a very public way said we're going to reset this relationship. and we're going to put it on a different path because the path hasn't worked. but what we've seen is this new path has only worked for russia. it has not worked for the united states. there hasn't been an admission by the obama team that they've made a mistake by going down this new path. however, the rest of the world sees it. and they see an obama administration that kind of, you know, draws a red line in syria and doesn't act. it says tough language about crimea when the russians grab it. and they don't act. we're seeing this pattern. and i think it's a really dangerous pattern. >> all right. rick grenell, always good to see you. thank you. >> you too. some of the issues the supreme court will likely tackle in 2015 include obamacare, gay marriage and religious freedom. coming up, why liberals may not like the predictions on some of those rulings.

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with a mortgage that's engineered to amaze. developing tonight, the nation's oldest living president, george h.w. bush, remains in houston methodist hospital tonight. in a new statement released today the office of the former president saying "president bush remains in high spirits and continues to make progress, but he will remain at the houston methodist hospital this evening." bush 41 was hospitalized earlier this week after experiencing shortness of breath. the supreme court set to return next month. and some legal experts expecting a blockbuster year for the nation's highest court. some even suggesting liberals should fear -- as several high profile cases are set to be heard just in the first six months alone. chris stirewalt is our fox digital politics editor. >> this is not fair, shannon bream. >> it is.

>> if i have to talk about the supreme court with you, counselor, which you cover so expertly. >> uh-huh, uh-huh. i have to talk west virginia football with you. >> mountaineers. >> okay. with that out of the way, obamacare this is the second time a big piece of the law is going back before the justices. a lot of people are watching chief justice roberts. the law says subsidies which help people buy the health insurance are -- that set up exchanges but 36 of those states didn't set them up. >> johnny cash had a song one piece at a time by a guy who built a cadillac by things he took out of the plant in a lunchbox. it's a contraption with all sorts of pieces -- >> had to pass it to find out what's in there. >> and it had a bunch of things from liberal think tanks like jonathan gruber, and one was to

incentivize states by saying if you don't build your own obamacare exchange, you won't get any of the goodies and your constituents will be angry at you. as it turned outd, a lot of states including states left leaning say i don't want to have an exchange, we can't do this. and then to say nothing of all to say it's where republican lawmakers said absolutely not, if the supreme court decides that the language and the legislation means what the language in the legislation says, which is that you don't get that, that means that millions of americans who are getting subsidies to buy their obamacare lose that money. and the system pretty much falls apart. >> yeah, i talked to somebody who is on the left about this and she conceded to me that it is what she called a death spiral for the insurance industry for this whole law if that happens. now, they're also probably going to look at the issue of same-sex marriage. so far they haven't had to because all the federal circuits below them were in agreement, until recently. now we know january 9th the secret conference, the secret vote, they're going to consider

whether or not to take up the issue of same-sex marriage on the merits and betting people would say they're going to have to finally weight in. >> i don't know what the actual jurs prudential reasoning is here. but i don't think any americans are expecting the court's going to do anything but affirm -- it feels like from a political view that that fight has ended. and i think that in terms of consequence, i think social conservatives have had to cede the legal ground on this issue already. now if the supreme court would reverse, it would be a chaotic political scene and very difficult for republicans because right now republicans have the advantage. they can say, well, my heart's with you but the courts are against us. >> right. so play the other side though. the court has been very protective in many cases of states rights. >> uh-huh. >> and those who are making the argument say each state should be able to decide go to the polls and vote we want same-sex marriage -- >> well, that's where -- look what you just did to me. i don't know anything about it.

>> you know everything. he knows everything about everything. chris stirewalt, thank you for coming in. >> happy new year. >> you too. you do not want to miss our next segment. is science now actually making the case for god? and how the universe may be all the evidence you need. ♪ test test.s test test. test test. symptom fighting ingr. ♪

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a surprising new theory seems to connect the existence of god and science as our continued search for life on other planets brings the scientific community closer and closer to the conclusion that our universe was in fact created by something other than just a big bang. author of "miracles, what they are, why they happen and how they can change your life." you have a great piece in "the wall street journal." but there are a lot of people saying you can't mix science and religion, they can't coexist.

>> it's not really mixing science and religion. it's following what does science lead us to believe. science can only comment on what is inside the universe, what the big bang created. science can't really tell us what happened before the big bang. science has limits. but the more we know about science, and this is literally in the last 30 years, the more we're led to believe and this is straight up, we're led to believe that there is no way that everything could have just happened. and when i say that, the odds against it are so astronomical that it becomes hilarious. so if anybody's looking for good news at this time of year with all the bad news around us, the good news is science is leading us clearly to believe that we never just got here. that couldn't have happened. >> why do you think for decades and some cases for centuries people have said science there is proof whether it's in the fossil record or other evolutionary theories that there was nothing and then suddenly there was something. and for years they've said that's the dominant theory, it's the only one that makes sense.

why is that changing? >> well, i mean, there's a lot that's changing. first of all, the more science we know, the more we know how difficult it is, for example, for the universe to exist. not just for life to exist. so in one chapter in the book i talk about how difficult it is for life to exist. but another chapter i talk about how the more the kos moll gists and physicists know about what happened at the big bang, the more of them who are atheists are having their atheism shaken by what they see. it's not they believe in god but they know the atheistic view that we got here by random forces it just doesn't make sense. they're looking for alternative explanations. i think we have a pretty simple explanation right in front of us. >> okay. so there have been many who have hidden their faith in the scientific community or kind of downplayed it but seems like they are becoming more volvo kal with some of these discoveries saying i'm not ashamed but what i know intellectually and in my

heart can matter. >> my chapter in miracles on how science and faith are totally compatible, the idea they're not compatible is ridiculous. sort of the narrative we bought into over the last 50 years or more, it's simply not true. some of the greatest scientists even if they're not believers have said many pro-faith things. i think it's important to know there's no reason you have to check your brain at the door if you want to believe in the god of the bible or believe in any kind of god. it doesn't make sense to do that. >> all right. eric, we got to leave it there. great new book, folks should check it out. thanks, eric. we'll be right back. >> t t t t t t i've always loved exploring and looking for something better. that's the way i look at life. especially now that i live with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. i was taking warfarin, but wondered if i kept digging, could i come up with something better. my doctor told me about eliquis... for three important reasons. one,

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a heartwarming gesture at a time of immense pain for the families of the two murdered new york city police officers. the tunnel to tower foundation named in honor of a new york city firefighter and father of five who died september 11, 2001, officially announcing they will help the families pay their mortgages. hopes to raise $800,000 by the end of the year to pay off both officers mortgages. thank you so much for ♪ ♪

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good morning, everyone. today is saturday, the 27th of december, 2014. i'm anna kooiman and a fox news alert. thousands lined the industries to bid farewell to one of new york city's finest as new york city turns his back on bill de blasio, should he each be speaking at this officer's funeral today? we report, you decide. >> booted over beyonce. ♪ your love's got me looking so crazy right now >> how about about that at 6:00 in the morning. the latest scandal to rock the va involving hip hop royalty it will leave you outraged t