utah. it is part of a movie film the team is doing. very cool stuff. but not for me. happy new years. >> have a great trip back to california. >> happy new years to all. have a great 2015. >> bye! more detainees released from gitmo. welcome to "happening now." i am jon scott. >> and i am in for jenna lee. five detainees just got out and that brings the number moved out of the facility just this year to more than two dozen. >> it is part of a push to clear the camp be reducing the number to a small number that could be transferred it united states

prisons. that is making president obama good on one of this goals: shutting down gitmo. catherine heritage is live in washington with more on this. >> reporter: this latest transfer is part of an excelerated push by the obama administration to clear the center. the obama administration is willing to accept more risk and fewer conditions to transfer the men. the state department acknowledges this change in strategy openly. >> we talk about closing guantanamo bay we all wish this was done years ago. but we are moving forward. there are 132 remaining and 62 are approved for transfer. >> reporter: only 127 are left since that briefing.

in this defense press release that was released to reporters today was vague vague on the security agreement reached. so once they leave gitmo and get to a new country they are in essence free to go. >> i suppose a lot of political leaders are out of town. but what is the response in washington? >> reporter: the center for constitutional right that represents some of the detainees said in a statement we are encouraged by additional transfers and resettlements and hope they continue until all prisoners are freed they will not be charged. it is quickly evaporating because of the afghanistan

troops leaving. all of these people dismissed today were found to be high risked and a part of al-qaeda. so that shows you how the administration has cranked up the dial in terms of what they will accept to let people go. crews recovering seven bodies from the crash of flight 8501. the victims include a flight attendant in her airasia uniform. the plane with 162 people on board plunged into the java sea. greg has more. what is the latest on the recovery efforts? >> reporter: bad weather is hampering the efforts. there is some progress to report on the search for those involved in airasia flight 8501. four bodies were recovered today

after three were recovered yesterday. they are all being returned to a city in indonesia where the plane left from on sunday and given full military honors. four males and three females have been recovered including a four and a half year old by leaving 155 missing. as for the wreckage of the plane, there were reports earlier to the day that sonar picked up a lodge on the floor of the java sea. they have been knocked down but there are reports that shapes and forms and parts of the plane have been detected and the united states continues to play a role. say sailors on board have picked up debris of the plane as well. >> what happens in the next couple days greg? >> reporter: it is pretty grim for the families involved over the next several days for sure.

the next weeks i think we can expect some of the families gathering today for a prayer individual. indonesia is mostly muslim but there are pockets of christian with about 40 christians on the flight. the bodies are transferred to a morgue after the recovery and there is a visual verification. and the search will continue and the wreckage moved about 20 miles in one day because of the currant and the search for the data and voice recorder that should help explain what happened to the plane. it is thought that bad weather played a role but looked at hard will be how the pilot and plane

reacted to that bad weather. one final note on this new year's eve you can expect the celebrations where the plane left from on sunday have been canceled. >> thank you, greg. the top doctor in the united kingdom says airport screening for ebola need to be improved after a nurse was cleared to fly on returning from west africa only to be diagnosed with the disease just hours later. the nurse was allowed to fly from london to glasgow after officials took her temperature seven times finding it to be normal. the chief office said the nurse posed little risk to other passengers. this seasons flu is at epidemic levels with widespread cases in 36 states and 15 children have died from the flu complications and the vaccine

may not protect you from the most common strain because it started to mutate after the vaccine was created. the flu season which started last month is expected to last through april. police shot and killed a man near philadelphia after he tried to run them down with his car. he posted a video online threatening to kill officers. they tried to rest him, ordered him out of the block aid but he was about the hit the gas and five officers opened fire. the police said the videos are upsetting in today's environment. >> i am not part of that process process. this is based on my experience. >> theintendent said the officers feared for their lives and did what they had to do.

new york city mayor meanwhile is trying to patch up several strained relations with his police force meeting for two hours with the commission and union leaders but no real progress reported. ahead of a major event for the police department with officers out in full force in time square tonight. what is next? >> reporter: it was a two-hour sit down and those in attendance described it as a blunt but polit conversation with no real resolution into the end. the length of the talk was a sign they can communicate as professionals. the mayor called the meeting to work on relations with the nypd which is brewing up with concern that shows after the police

graduation met the mayor with booing. this is following a string of complaints by new york's rank and file including the wide latitude given to anti-police protesters in the city and months of anti-police rhetoric from the mayor. pat lynch, the president of the petroleum group, said after the meeting nothing was accomplished >> there were a number of discussions, especially about the safety issues our members face, there was no resolve. and our thought here today is that actions speak louder than words and time will tell. >> reporter: there was no comment from the mayor after the meeting but his press secretary said they focused on building a productive dialogue and ways to move forward. the police officer who was gunned down will be laid to

arrest and they will see if officers turn their back on the mayor when he speaks. he quoted last night he needed them to turn it back around referring to the officers who turned their back on his speech. one police sent a memo out urging his members not to turn his back but respond to the mayor with cold silence. new details about a mom caught having sex with a teenage soccer player. we will tell you how they were caught and what happened at the court appearance. and how immigration reform could impact the 2016 race for the white house. and odd makers in las vegas betting on snow for new year's eve. we have more on the chance of

that and how the forecast for your new year's eve is shaping up.

it's just ordinary fleece but the comfort it provides is immeasurable. the america red cross brings hope and help to people in need every 8 minutes every day. so this season give something that means something.

this is being called the worst mass murder in the history of edmonton canada where a man killed adults and two young children before taking his own life. it may be a case of domestic violence. a mom is accused of having sex with a 17-year-old soccer player. the police caught them in the act doing it in the car. she waved her preliminary hearing and no comments. the judge in hope solo's case is delaying the decision on whether to dismiss the domestic violence case against her. the judge ordered her accuser, pastor and nephew to submit to more depositions after the

nephew changed the story. new developments on the immigration front. beginning tomorrow, undocumented immigrants will be able to get licenses in california. the word is the republicans can hurt themselves if they don't use their majority to pass immigration reform. aaron is here with us. good to see you. >> good morning. >> we are talking about one million plus illegal immigrants eligible to get a drivers license. do you think they will flood the dmv? or wait it or? >> i don't know how quickly it will happen but it is another issue buting the spotlight on the issue for the republican party. they have to figure out if they will move forward over the next two years or wait for the 2016

presidential election to address the issue which is significant given the growing latino base. >> let's talk about the race in 2016. we have jeb bush and marco rubio. bush is pro-immigration reform. let's say both became official candidates for the republican party, how will they play it? play it safe and appeal to the party or play it to the hispanic voters? >> it is going to be interesting to see specifically if those two run because they are outspoken about immigration reform. marco rubio was one of the leaders in pushing the bill that wound up not getting voted on in the house. jeb bush has been pushing this issue if a -- for a long time. you have seen them dealing with the base at the same time and maybe not going full hog in favor of immigration reform.

if they are on the debate stage, talking about the issue, they will have to figure out how they want to play it. the republican party base isn't on board with this yet. it will be interesting to see if they run. in 2012, the candidates went to the right on this issue with romney's comment about self-deportation. so this could be a moment where the republican party figures out where they stand on this issue. >> senator lindsay graham is saying this newly republican dum dominated congress has to do something and if not their race to the white house is going to be almost impossible. >> i think it as a lack of meadacy. i think party leaders recognize their party needs to do something in the near term but the question is do they need to do it now or 2017.

>> do you think the hispanic community is going to let it slide and not request some sort of action? >> i don't think that republicans are necessarily going to solve their problems with latinos. there are more issues on the table. latinos are more in line with democrats when it comes to economic issues. i think if they knew it would get them more votes they would do but there is no guarantee that is the case. >> we shall see. new developments in the effort to recover the bodies in the airasia crash and determine what went wrong. our next guest says it appears to have broken apart mid-air. after murder acquisitions flew the tables may have turned in the case of amanda knox as the

judiciary is facing charges of trying to frame her. could his help clear her name?

bad weather and currants are hampering the recovery of flight 501. they have pulled seven bodies out of the water including a flight attendant in her uniform. we are bringing in a former crash investigator. they will study the body closey because even they can give clues to what caused the crash. >> absolutely john.

two of the bodies were found naked and that suggest inflight break up. when people are ejected, often times they lose their clothes. the flight attendant is in uniform but without a life vest on suggest they probably didn't have time to prepare the cabin. the fact that one of the passengers did have a life vest on says that maybe some of these people even survived the initial impact. we can talk about that more. obviously all of this is preliminary. >> or there could have been large sections that were plummeting toward the ocean in tact it is possible the passenger could have had time to put on a life vest. >> absolutely. and the other mystery is where the are voice recorders.

they are in the tail and the tail came off and that wreckage could be miles away from the floating and main debris now. >> there are a lot of people seeing similarities to what happened in this circumstances and what happened in the air france flight 447 crash that also involved an air bus. can you make those comparisons? are you seeing the same similarities? >> well there are some similarities there. they encountered turbulence. they had an air speed failure. but air al geria had a similar instance with the crew encountering thunderstorms and announcing today controllers they were turning around but

that air craft broke up in flight. we know these thunderstorms can be a threat to air traffic. >> and obviously with capable of tearing apart even modern jetliners. what about the underwater search for the black box itself? will they use pinger shreds or visually for whatever remains of the aircraft are there on the sea bed? >> at this point, i am sure they are using all of the assets they can, including the listening devices. this is shallow water so you may not need the equipment that was used in the 370 malaysia flight. but they are looking visually. we don't know if the recorders in the tail section are in the water. it is always up for wraps that

it is conceivable the tail and recorders might be on land which means no pingers. this is going to be an hunt over the next several days and maybe longer >> we noted you have investigated air distasters for several agencies. who takes charge of this one? >> indonesia is in charge of the investigation. it is really going to be i hope an international investigation. ntsb has offered resources and other agencies that do a lot of this are hopefully on scene and the united states military has sent a couple ships there. this is going to be an international effort i am sure. it looks like the indonesians are doing a great job.

>> doctor thank you. we are closing out the year with a look at some of the biggest legal stories like the case against this suspect in the murder of hannah gram. she was missing for weeks from her university of virginia campus before her remains were finally found. and it doesn't get much more dramatic than the jodi aries pre-trial as prosecutors try for the death penalty again. and dressing up sin city in a layer of white? no is predicted on the sprip. we will have the forecast wherever you plan to ring in the new year.

a quick look at what is still to come: a new transfer putting the number of detainees at guantanamo bay closer to a hundred and why it makes it easier to close the camp and the pit falls of that decision. and some of the biggest legal cases of 2014 are not over. the legal panel weighs in on what comes next in high profile murder cases. pack is one term on a new ban list but there are plenty of others. maybe one or two you have in mind. looking back at the big legal headlines in 2014 like the six-week search for university

of virginia student hannah glam and the arrest of jesse matthew in her murder. graham was last seen on september 13th in the early hours after leaving friends. september 20th jesse matthews is named a person of interest visiting the police department. he sped away fast and put other drivers in danger. he was arrested in texas and finally october 18th hannah gram's remains are found and identified. jesse is set for a bond hearing on march 26 2015. let's bring in doug burns a former prosecutor and john a criminal defense attorney. doug, starting with you jesse matthew has been charged with abduction with intent to defile. what is the likely outcome in

this case? >> when you have more than one case it introduces a different dynamic and makes it harder for the defense. you have the hannah graham case and the 2005 case now. but to answer your question, this is going to be a long process because they have to figure out which case goes first and those types of issues. it is going to be a difficult outcome. i don't think it looks all of that good for the defense, however. in the other case, dna evidence is there so that is strong and in hannah graham it is less clear where we stand from evidence. but it is going to be hard for the defense. >> john let me hear your side. as a defensive attorney is there a defense for the jesse matthew character? >> i agree with doug in that i think each case has to be

independently investigated. they will hold a hearing and determine if there is probably cause and that means they have to show a link between the defendant and heather graham like the connection and murder. i believe based on what i am reading and hearing there has to be a dna or witness account that cooberates with the story of him killing her and the trouble part for herman matthew is they need to establish he sexually intended to defile her. that is going to be hard to prove unless there is physical evidence but it looks like there is enough evidence to get him for the murder. >> if that is the case what kind of sentencing will he face? >> he is looking at life with or without the possibility of parole. with the 2005 case that may play into the whether or not he will be released if convicted on both counts. it is unlikely he is released at

that point. >> let talk about this one. the penalty phase retrial for jodi aries who was convicted of killing her ex-husband but the jury is hung on the penalty. the prosecutors are asking for the death penalty in a case that is one sensational development after another. tweeting from the courtroom and interuptions. judge sherry stevens is in charge there. what is going to happen? >> 8-4 for the death penalty. it wasn't 11-1. so the point is i expressed the opinion in the past and i stand by it and that is i am surprised the prosecutor used these resources to redo the whole thing. this takes another 6-8 weeks. i think my prediction is you

might see another dead lock and there is no third chance. this is it. the way i think it will come out is life in prisonment with or without parole, if i had to guess i would say without. >> as you know if the jury can't decide on the second time around, she is going to sit in jail forever or the possibility of parole after, i think, what 25 years? >> right. >> how do you see this playing out? >> i think doug is right. it is going to be harder to do because jodi has had time to think about how to humanize herself. he has the right to take the stand -- >> which he has already done >> and gets to do again. and this time the difference is the defense attorneys could bring in witnesses they didn't in the first round like her mother and father. all of these witnesses that

testify and bring the jury to spare her life. and they may be able to deflect the september sentencing of death in this case. >> that court resumes on january 5th which is monday. amanda knox who can forget? she spent four years in an a italian prison for killing her roommate. she was sent home and they retried her and she was found guilty again. and now the system is being accused of framing her and her boyfriend. what happens now? >> this is an extradition case. can she be extradited from the united states and my answer is very unlikely. in the treaty the united states has the right to decline to send

back if she is found not guilty. she was found not guilty in one of the appellate proceeding and that counts as double jeopardy now. and most extradition treaties allow the united states or the country to decline and this is a textbook case for that. >> what do you think is going to happen john? if knox is found -- if the united states isn't going to send her back what happens? >> first they didn't find her not guilty they anulled for verdict which sets it aside and the appellate court reinstated

the guilty verdict so i don't think there is a double jeopardy issue. and so then the issue is whether or not the united states is going to extradite her. even if we don't there is an issue of hir travelling to other countries because of interpool. so i think there is legal problems ahead of her and i don't think there was a final judgment on the merits. she is in danger of being sent over there in my opinion. >> what would it take for amanda's attorneys to convince the united states judicial system to not extradite her. and why trouble travelling internationally? >> i was going to say, john is right. it isn't clear about the point,

that is within the state department and united states government. i am just saying in my view they may take the double jeopardy view. but as far as travelling she will have a tough time loosing the country. and there was a case where the physician who kept a dea agent alive was kid napped out of the country. you have that issue as well. she is far from scott free. i just gave you a crystal ball prediction that i don't think she will be extradited and i stand by that but understand john's analysis. >> john if she is not extradited what happens? >> she will have a difficult life. she will not be able to travel to south america or europe or any country that has interpool looking for her. she will have to stay in the united states or go to countries that won't extradite her.

>> happy new year. >> see you guys. it isn't usually the odds on favorite weather wise in las vases but a cold snap in sin city and there is a chance of snow for the strip on new year's eve. what does mother nature have in store for you? rick is live in the weather center. i imagine those people have to buy new outfits. >> and parkas. >> they didn't plan for this. here is the current temperatures. it is cold almost everywhere. texas, arizona, southern california, los angeles is 47. east coast isn't looking too bad. florida has a little bit of showers this afternoon but it is nice with temperatures looking good across south florida. lake-effect snow and maybe 1-2 feet by the time it is done. but the bigger story is storms

in the southwest. snow in southern california in the mountains, snow in parts of mexico, and very heavy snow in parts of arizona. so i-40 is rough and chains are likely required to travel. arizona, southern california, texas for tomorrow have a winter warning. all the way down to areas of the big bend. 17 in flag staff. 35 in vegas. the cold air is out there. tonight is going to be a cold night. look at the temperatures. pretty much everybody in the country. everybody state is looking at temperatures below freezing except florida is looking good. miami is 69. here is your midnight forecast. 10 in minneapolis, 21 in kansas city, 6 in denver and 20 in new

york city with the big ball drop. >> a lot of pink on that map. that means shiver time. >> exactly. well the obama administration moving closer to closing down gitmo with the transfer of five more detainees. shutdowning down the facility is one of the president's key national security goals but is it the right move? will it make us safer? >> instead of serving as a tool to counter terrorism, it became a symbol that helps al-qaeda recruit terrorist. the existence of guantanamo bay likely created more terrorist than it ever detained. t i'm worried about you know "hidden things..." ok, why's that? no hidden fees from the bank where no branches equals great rates. detainyee

let's look at what is ahead on "happening now." >> jonathan gruber does it

again. admitting the health care law isn't so affordable. >> and a detroit lion player gets his one-game suspension overturned after trying to allegedly hurt a quarterback. >> and a tv star speaking out about why her plastic surgery was the best thing ever. >> and all of that plus one lucky guy coming up head. >> i might sneak in there. watch out. shutdowning down gitmo has been one of the president's key goals since taking office and with five more detainees transferred out the number is closer to the administration goal of a hundred, a group that could be transferred to united states prisons paving the way

for the detention center to close. joining us how is an ambassador to the united nations and a fox news contributor. you suggest this is more political than security policies on part of president. explain this. >> when you go back to 2008 when memo was candidate obama he made it clear we wanted to shutdown gitmo. he said and his advisors believe gitmo was a recruiting tool. i find that to be laughable. when we have a prison that puts terrorist inside a prison rather than on the battlefield that is not a recruiting tool. that is punishment. i think there is this fundamental believe of when the united states does something to respond to terror terrorism it inflames

the terrorist and they should pull back. it is the blame america first party. when you go back to his campaign promises. and susan rice was the campaign spokesperson for policy issues in 2008. she was pushing for them. this is why chuck hagel came forward saying susan rice was pressuring be to shutdown gitmo and i had to push back on susan rice to say my name is signing those forms. and this is a very serious sip situation. i owe the american people to make sure they are not putting terrorist back on the field. >> i want to pay this and get a reaction. >> we are cleaning up something

that is quite simply a mess. a misguided experiment that left a flood of legal challenges that my administration is forced to deal with on a constant almost daily bases and it consumes the time of government officials whose time should be spent on protecting our country. >> he is suggesting the lawyers defending the gitmo incarceration charges would be better off doing other work. i don't understand why the president suggests that gitmo became a recruiting tool? does he expect us to believe that al-qaeda types on the battlefield are incensed because they are thrown in cuba and not the united states? >> that is what the un-type believe. it is a phony argument fe but that is what he believes and we knew that in 2008 when he was the candidate. >> good to have you on.

happy new year to you. and 2014 was it a good year for your 401k? we will find out with more from new york stocks exchange coming up.

>> it is the final trading day of 2014 with the major indexes on track to end the year at near-record levels. lori is here from the new york stock exchange. >> what a fantastic year to cover the market t. has been a banner year. for your retirement plan you probably a mix of bonds, foreign investments and such. and we are looking at a gain of 8.5% with the industrial average being on track for it's six year

of gain in a row. the economy is gaining growth and job growth and cheap gas and just an overall positive consumer spending. holiday spending was strong for example it is looking like. the feds promise to be patient about raising interest rates and that is giving united states investors a lot to bank on. the forecast is out with the model for next year expecting continued united states economic growth and with that high single digit gains. another interesting story is we saw bond gains as well. if you have a diversified portfolio keep it going. the trouble spot is overseas. we talked about weakness in europe and asian economies and that could be some place you might consider lowering some of those areas. so that is where we are right

now. >> you always have good advice. thank you. and don't miss lori on the fox business network. if you are not sure where you can find it log on to foxbusiness.com/channelfinder. do you consider yourself a foodie? it should be banned from the english language according to a list. we will tell you about a few others and see if you agree. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know you that former pro football player ickey woods will celebrate almost anything? unh-uh. number 44... whoooo! forty-four, that's me! get some cold cuts... get some cold cuts... get some cold cuts! whooo! gimme some!

geico. fifteen minutes could save you fifteen percent or more on car insurance. whoo! forty-four ladies, that's me! whoo...gonna get some cold cuts today! . .

♪ jon: you know just about everybody has words that make them cringe and each year lake superior state university takes suggestions and compiles a tongue in cheek list of words that should be banned from the queen's english. a few caught our attention.

skillset is one of them. not sure why. polar vortex, which makes us guilty. hack foodie and cray cray. some people use instead of crazy. >> that's it. "outnumbered" starts right now. happy near year. nice to be with you. ♪ >> welcome to "outnumbered." nearly time to stay good-bye to 2014 and ring in the new year. this is "outnumbered" and i'm kennedy. we have dagen mcdowell. >> dagen. >> catch her every morning on "imus" in the morning. agesainsley ear heart. jedediah bila. today's #oneluckyguy, a party already. "red eye" regular sherrod brown. he is "outnumbered." >> first time here. i thought i was