>> spirit fingers! we are back on tv friday at noon eastern. see you then. "happening now" starts right now. thanks, again. as we speak, the grim recovery mission continues under the java sea. crews have located the wreckage of airasia 8501 but yet to recover the black boxes. welcome to "happening now." we are spending the very last day of 2014 with us. i'm leland vittert in for john scott. >> i'm arthel neville in for jenna lee. rough seas are causing debris that could be from the plane to drift away from the crash site. so far rescuers have pulled seven bodies from the sea including a flight attendant still wearing her airasia uniform. meantime, a pent coastal church in indonesia confirms today that 41 of its members were on that

plane. senior foreign affairs correspondent greg haltoff is live with more on the search. >> reporter: as you noted, the rain, the wind are hampering search efforts now of the airasia flight 8501. but there was some progress today. as you noted more bodies have been recovered for today. three yesterday. those returned were give full military honors upon their arrival in the indonesian city of surabaya where the doomed plane left from on sunday. all told four males and three females recovered including a 4 1/2-year-old boy still leaving 155 of those aboard still missing. the search is also hampered by misinformation that had been reported a man was found today wearing a life preserver. that was incorrect. also that the form of the fuselage had been detected by

soap for a. sonar. but there have been visual sightings of the craft. also, the "uss sampson," the american navy destroyer, picking up debris in the last 24 hours we are told. >> that means more assets combined with bad weather. how are they expecting the next few days to play out? >> yes, more weather is expected. more bad weather is expected, arthel. and in the next few days it will be grim for those involved, including the families of those who were on board that plane. you mentioned the singing and the prayer service of some of the families gathering for that today girding for the next few days after the recovery of the body. they will be transported to a hospital morgue for identification. the individuals linked to the victims already giving dna samples, but the hardest thing will be, obviously, the in-person visual verification. and the search for that wreckage

and the bodies will intensify as you noted with some drifting of the material, as much as 20 miles in just one day. plus the search for the black box, the voice and data recorders. they will tell the tale of what happened. bad weather expected to have played a big role in this, but also how the pilots handled that bad weather. how the plane handled that bad weather. by the way, it is now new year's day in indonesia. new year's eve was subdued by the mayor of the city and a lot of people complied. >> greg, thank you so much. greg was saying the key to solving the mystery of flight 8501 lies in the recovery of the flight data recorders. they will tell us about the plane's final moments and what caused the crash. coming up, we'll speak to a former pilot who says it is possible something went wrong over an extended period of time. uncle sam is looking for a

few good hackers. the fbi says they want to hire computer-savvy agents to beef up america's defenses against cyber attacks. investigating cyber crimes is now one of the top priorities for the feds. the agency isn't saying actually how many people it wants to hire but is listing for special agents, computer scientists and something called i.t. forensic examiners. in 2012 there were more than 1,000 agents involved in cyber security nationwide. well, a sit-down to ease tensions between the nypd and mayor bill de blasio apparently didn't go the way the police unions had hoped. union leaders say the two-hour meeting about city hall's response to anti-police protests ended with nothing resolved. laura ingall is joining us live from the newsroom with more. >> reporter: it was a meeting filled with blunt talk according to published reports citing those who are in the room saying the meeting had no yelling, certainly no laughing and there were no apologies from either

side. one attendee said the length of the talk was at least the two sides communicating as professional. mayor bill de blasio called the meeting to work on relations with the nypd which as we have been reporting has been brewing with contempt clearly shown at this week's nypd graduation ceremony where he was booed. this following a string of complaints by new york's rank in file including what union reps called the wide latitude given to anti-police protesters in the city and months of anti-police rhetoric from de blasio. one of the more vocal critics of the mayor, the president of the patrolman benevolent association said after the meeting nothing has been accomplished. >> there were a number of discussions, especially about the safety issues that our members faced. there was no resolve and our thought here today is that

actions speak louder than words and time will tell. >> the mayor's press secretary said the talks focused on bidding productive dialogue and trying to identify ways to move forward together. meanwhile, the city announced today to name two streets in honor of detectives rafael ramos and wenjian liu in their respective homes. all eyes will be on when the officer wenjian liu was gunned down along with ramos. we'll see if the governor turns their back on the mayor like last weekend. and the nypd tells fox there have been 70 investigations into threats against police and 16 arrests since the executions of ramos and liu. the nypd saying they are taking each threat very seriously. >> laura ingle thank you so much. police say they shot and killed a philadelphia man yesterday as he tried to run over several officers with his car. authorities say they were attempting to serve an arrest

warrant at the time. actually for threatening law enforcement officials on social media. >> no way in hell i'm going back to prison. no [ bleep ] way. so to the police to the fbi, the cia agent, i'm not taking a fall for my family anymore. okay? this time the code is now busted. >> the 52-year-old man had been arrested twice before, including one once in 2005 when he was charged with reckless endayment and making terroristic threats. meantime, police in ferguson, missouri, say shots rang out while responding to a reported robbery at a burned out beauty shop. authorities say multiple rounds were fired from a nearby apartment complex. nobody was injured. police ended up arresting six suspects for allegedly breaking into the store. the business has been looted several times and burned during the riots in november. president obama's getting

closer to his goal of shutting down the guantanamo bay prison. the pentagon has transferred five more detainees out of gitmo overnight. here they are originally from tunisia and yemen and sent to kazakhstan. the chief intelligence correspondent is live in washington. katherine, what exactly are we learning about how the transfer went down? >> reporter: well, thank you, leland. the latest transfer is part of the accelerated push by the obama administration first documented by fox in the fall to clear the camp, and in most cases the facts have not changed about the men you see here. but the administration is now willing to accept more risk and fewer conditions to transfer them. the state department now openly acknowledges the change in strategy. >> when we talk about closing guantanamo, we all wish this was done years ago. it is very difficult. but i think where we are today is with momentum and we have moved forward with 132

remaining. 64 are approved for transfer. >> since the briefing now 127 detainees are left in the camp. and the defense department press release about the latest group is characteristically vague on what security conditions have been agreed to for the men in kazakhstan. some recent cases there have been no security requirements at all. guantanamo is not an issue internationally. maybe the guardian in england will mention it once in a while, but the world has moved on. the president hasn't moved on. there is no pressing reason whatsoever to release the terrorists. in fact, the rise in islamic state and other resurgence terrorist groups i think has gotten the world's attention. >> the center for constitutional rights represents some of the detainees said in a statement today, quote, we are encouraged by additional transfers and resettlements and hope they will continue until all guantanamo prisoners the administration does not intend to charge the

freed. whatever preface of authority to detain the men of guantanamo existed during combat operations in afghanistan have been since closed. the bush administration said back in 2008 that most of them are high risk and members of al qaeda. this shows you how the white house is willing to accept greater risk as they try to whittle down the remaining population. >> thank you, katherine. obviously, we know a number of those who have been released and returned to the battlefield are return ing returning back to fight. thank you. the u.s. government is trying to bring an american marine home. what iran is saying about a rumored prisoner swap that may have made that happen. and two congressmen sbapgled in scandal. now one of them is out of a job while the other gets a show of support. why speaker boehner is putting

the hammer owner on one and backing the other.

the u.s. and iran slamming rumors of a prisoner swap. both denying that a deal is in the works to free an american marine in exchange for several iranian prisoners. a lawyer for the 31-year-old captive says washington delivered the proposal through the swiss embassy. iran says there has been no formal request but there have been ongoing conversations. >> translator: the fact that our nationals are kept in inhumane conditions under false pretext in u.s. prisons is being pursued by the government with efforts underway to repatriot our nationals to this country. >> the man has been detained in iran since 2011 when he was convicted of spying.

house republicans are standing by majority whip steve scalise after he admitted to speaking to a white supremacy group in 2002. speaker john boehner saying quote, more than a decade ago representative scalise made an error in judgment. he has my full confidence as our whip and he will continue to do great and important work for all americans. the man who led the former ku klux klan say this, quote, if scalise is going to be crucified, if republicans want to throw steve scalise to the wolves, they better watch their back. this is a pretty stunning development to hear somebody threaten the gop like this who is conceivably a pariah to begin with. >> it's a stunning development.

it's amazing we have found ourselves in this situation where 48 hours if not more david duke has been given this megaphone by the media for these sorts of things. you should probably take it with a grape of salt because what could david duke necessarily do to the gop. i would not cause him an influential person within the party, but that describes how volatile the situation is and how difficult it is for the republicans to deal with in the house. >> speaking of how difficult it is, speaker boehner is known for running a very tight ship. the stakes couldn't be higher come next week with the republicans having a larger majority in the house to takeover the senate. how much of a political cost is this becoming for the republicans for speaker boehner? >> well it is obviously a distraction. house republicans were looking to takeover the new congress, start the new congress with a clean slate, be productive as possible and hopefully lay a foundation for whoever the republican candidate is for

president in 2016. but this is a major distraction. so speaker boehner was between a rock and a hard place. on the one hand, he needed to support scalise because in a few days house republicans will vote for the speaker. and speaker boehner, frankly, needs support from the conservatives like scalise and those who support him. on the other hand he wanted to come down on this as quickly as possible. but what we have seen by speaker boehner issuing this statement it has sort of brought down conservatives talking about this. >> it is certainly called a full-throated endorsement on the other hand he seemed to have pressured representative grimm to resign after his guilty plea here. at what point do the issues take away from the speaker's ability to do his job and move forward to give the democrats, we have seen nancy pelosi trying to make hay from this scalise issue give them the ability to take away from the issues and start

talking about the members of congress rather than what the members of congress are doing? >> well, it really depends. you saw with michael grimm speaker boehner moves swiftly to get him to resign, which he did this week. and that, of course keeps the scandal from perpetuateing. with scalise, that will keep the scandal alive well into the congress. so we'll have to see if anything new developments continue to pop up. but obviously a major distraction. and as we have seen in the last six months, these crises pop up among house republicans all the time creating a constant challenge for boehner and house republican leaders. he's very equipped to deal with it, he's been around for a long time, but it is never easy and it will create challenges into the next congress for sure. >> well, challenges for sure and also, obviously, there's a lot of folks now going through steve scalise's every word and moment in his background going back all the way to his time in louisiana. all right. thank you very much, rebecca

berg, we appreciate your time. >> thank you. well leland there's new information in the airasia crash. authorities now saying that reports of a victim wearing a life jacket, well they are not true. still, what can we learn about what happened to the plane by its position on the ocean floor? also, one major city drastically cutting down on prosecution for minor crimes after tense interactions between police and civilians. but does that policy really work? hey! guess what day it is?? >>hump day! hummmp daaay! it's hump day! >>yeah! >>hey mike! mike mike mike mike mike! >>mike mike mike mike mike. hey! he knows! hey! guess what day it is! hey! camel! guess what day it is! >>it's not even wednesday. let it go, phil. if you're a camel, you put up with this all the time. it's what you do. (sigh) if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. ok... [thinking] there i was. another holiday... ...stuck at the kids' table...

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after falling for four years, homicide rates are now up in boston. as of sunday, 52 people were killed in the city compared to 41 in all of last year. meanwhile, the total violent

crime rate in boston was actually down. and that number includes shooting, rap, property assault and crime. boston's crime overall has dropped for years because that mirrors a national trend. after some high-profile interaction with police and citizens, one city is dialing back the prosecution of minor crimes in seattle. where critics say the so-called broken windows policy had failed. the wall street journal reporting, quote under the seattle city attorney the number of criminal-case filings related to misdeeds such as urinating in public or drinking alcohol in public has fallen sharply. those who do such things are typically homeless chemically dependent or mentally ill. he said, and briefly locking them up isn't going to give any lasting relief, end quote. you can see how cases of flagrancy have dropped in seattle over the past six years. then cases of miles per hour possession are nearly

non-existent the past few years compared to earlier. i knew i was going to do that, i'm sorry, i really tried to say your name right. you say it, what is your last name? >> zadagascar. >> okay. maybe i'll get it right at the end. we're talking about chief kathleen o'toole, is she on the right track? >> we need to have a discussion that race plays in the criminal justice system not just in seattle but throughout the entire nation. i think when it gets to the point of certain rules and regulation that is preventing officers from doing their job you have created whole other problem. now police officers are really afraid to protect themselves. they are afraid to protect citizens of the communities they

serve. and when it gets to the point that this police chief feel that is she needs to go and admonish her officers and say, guess what guys? they are allowed to arrest people out on the streets being violent. when it gets to that point to tell the officer this is i think you trealz rules are misguided and wrong. >> what do you think about context here? what do you think the police chief is saying to her police force? >> well i think there are two issues. whether or not you want to arrest for violent crimes or for crime where is the police or perhaps the victim. and whether or not you want to police the communities and sort of overpolice them and search everybody, seize property go and question individuals. on the lower end of the criminal spectrum, for status offenses and such as we call them flagrancy, urinating in public, alcohol in public, things like that prostitution those are status offenses. if the police are out in the community, instead of arresting the folks and actually saying you know what? you're homeless here is

outreach programs. here's something else we can send you to other than jail. another place other than jail. that's a good goal because the court can't handle these petty crimes. they just can't handle it. it is very expensive to take a lot of the tax dollars to prosecute people arrested for the small types of offenses, petty offenses. we have to have room in the jails and the police focused on the small petty offenses and the searches in the community when what they should focusing on is major crime and combatting major crime instead of the small offenses. so i think it makes sense to shift the resources more to the serious crimes and less towards the minor offenses. >> anita, i have a feeling you don't see it that way and want you to expel more on some of the problems you think this could create. >> right. i don't think the issue is whether or not they are not going to arrest people for the smaller minor crimes. i agree with that. we can spend resources in better ways, but the issue here is that these police officers now have

80 pages of new rules okay? and the rules are basically making it very difficult for police officers to do their jobs, even when it comes to violent crimes. and it is difficult, a tough balancing test because you have to look at the constitutional rights of the citizens. but you also have to take into account the police officers will be able to do their jobs. they are out there putting their lives on the line every single day. and oftentimes they have to make split-second decisions. now they are required essentially to hesitate. they have to do a menial checklist in the tense moments to say, am i violating this new rule or violating that new rule? i don't think that's what the rules were intended for and you're creating a very dangerous situation. and you're putting a lot of the lives now at risk of the police officers and the citizens of the community. so i think the bigger issue is really taking away power from these police officers to do their job. it's not really about the petty theft and the lesser crimes. >> ashley last answer from you, do you think the community will see it that way as she just pointed out?

>> no, because i think the officers have a great amount of discretion. every time you're stopped for speeding, the officer has discretion whether or not to arrest you or just give you a ticket and spite you. the officers have to make that decision. what they are doing is giving them a set of parameters and saying we want you to follow these guidelines when you decide and use that discretion. and we want you to decide on not arresting for the petty offenses when using discretion. it is completely reasonable to give them guide lines to guide that decision. >> we'll see. thank you, both. good job. >> happy new year. >> happy new year. >> happy new year. a fox news alert right now. protesters have converged this new year's eve on the st. louis police department. here is video coming in from our affiliate ktvi who reports the group planned to storm the building and then they said they were going to occupy it for several hours. you can see the police barricades there up.

evidently they may have taped inside up on the windows. we are told as many as 15 people are inside the lobby there and refusing to leave. and they have the demands that they have taped up including the immediate firing of some police officers and they also want a meeting between the department and some community leaders. we'll see how this incident turns out. there's a cyber intelligence firm that is now claiming north korea was not behind the massive hacking attack of sony pictures and that the real cuplprit could be right under our nose. plus this -- the latest on a deadly disaster at sea that left dozens of people still unaccounted for.

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há time now for a check of the headlines. authorities in canada say a man with a long criminal record killed eight people including two children before taking his own life. edmonton police called it a tragic case of domestic violence. the u.s. begun training the first wave of iraqi recruits. and they say they can join the fight against isis by mid-february. the plan is to train 5,000 new recruits every six weeks. and volkswagon recalling nearly 40,000 cars because of a

fuel leak in the engine that could cause a fire. the recall covers 2014-2015 models of the beetle jetta passat and golf. they will notify owners and repairs will be made for free. no injuries have been reported so far. as crews still continue to look for wreckage in that airasia crash, there are new questions about what may have caused the crash of flight 8501. there is now a report that the aircraft may have been climbing at a steep angle immediately before the crash, which could possibly point to a midair stall, the same thing that brought down the airfrance flight on the way to brazil. joining me is the president of four winds consulting and a 737 pilot. john, i appreciate you being

here. obviously, there's so much speculation on what can go on here in the days before we have the black boxes, before they recover large parts of the plane. but there's a few data points we know terrible weather that happened six minutes between when the pilot asked for clearance to climb to a higher altitude and the plane dropped off radar. based on that and based on now, obviously, that they have been able to recover the bodies that did crash into the water, what can you tell us what goes on in the cockpit in the six minutes when a pilot begins to know things are wrong and all of a sudden you have this terrible tragedy? >> well airplanes are normally very controllable. in fact, at cruises what pilots consider one of the most safest places for an airplane to be because you have enough access to air space and altitude to deal with any unexpected situations. so when we see a situation like this, the first thing that generally comes to mind is a loss of controlling flight. since 2002 there have been over 1600 fatalities in airlines due

to loss of control in flight. and one of the questions you have to initially ask is to go back to the airfrance 447 investigation and look at the recommendations that the accident information board made and to see if the recommendations were made and followed through by the faa. that would be one of the first things to look for right now because there were some serious issues involving high altitude ice crystals and involving and installing an angle of attack indicator on the airplane. and it would be interesting to see what kind of progress has been made up to this point. >> well it's important to point out that airforce 447 was an airbus narrow body very similar aircraft especially in terms of how they were designed and how the computer system worked. one of the things pointsed to is this issue of inexperienced pilots in the sense that a lot of pilots don't have as much as stick and rutter flying as guys from the past do. old military pilot who is had to

be able work problems when there was a crisis that came to light. we know that the asian air industry has been exploding thousands of planes on order. new pilots saying they had to hire a couple hundred thousand pilots here in the next few years and decades as aviation in asia explodes. are the asian carriers training their pilots as well or are they bringing them through the pipeline in a way that when things start going wrong, it's clearly that they did in this case, that the pilots know how to deal with the emergency? >> well n this particular case, the captain was a former military fighter pilot. so i'm not quite sure we can make that correlation in this case. and anybody who flies an airplane will have a tremendous amount of eye/hand coordination experience flying tactical airplanes and high-performance swift-wing airplanes. the issue of are we going to be swayed to the autopilot and

forgetting how to fly airplanes is one that the aviation industry throughout the entire world, not just asia, has been talking about and thinking about a great deal. in fact, we have seen some policy changes within the american airlines in and of themselves that are in fact encouraging pilots to maintain proficiency, turn off the autopilot and fly the airplane just for that reason. >> there are so many folks who fly on these airplanes, they fly on airbuses, and obviously there's horrible weather that exists in the united states day in and day out from winter storms all the way through summer hurricanes and big-time thunderstorms and those kinds of things. are we at a point here you think, based on the airfrance crash and obviously what is happening here that pilots will have to start re-evaluating what rules they use when flying them around? bad weather separations they use, those kinds of things? >> the airplanes that we fly and the procedures we have used to fly around weather have been tried and proven for many many years. i don't think that we're going to see, unless this investigation comes up with

something totally anew that we have not seen already before, i don't think we're going to see a re-eval re-evaluation of the procedures unless this is an accident for which high altitude ice crystals prove to be a factor. we won't know that for six to eight months. but if it is then you will see a renewed emphasis on how to avoid and target these areas and the kind processes and procedure that is we as pilots have to use to make sure we fly around them. we already have procedures as to the airfrance accident where we do specifically choose not to fly over certain types of thunderstorms just because of the fact that these ice crystals may be in the clear air above the thunderstorms. so there already have been some procedures -- >> we'll have to see if the procedures were followed as they tried to climb from 32000 feet to 38,000 feet to figure out exactly what the pilots were looking at when making the

decisions. john gadzinski, we appreciate your time and expertise. bad weather is making it difficult for authorities to investigate the boat accident on the ferry near italy. crews managed to rescue hundreds of thousands of people from the ship although the exact number is unknown. authorities are planning to search the ferry for more possible victims after it arrives in italy. a cyber intelligence firm is claiming it has evidence that the attack on sony pictures wasn't from north korea but actually an inside job. the u.s. says north korea was behind the massive attack. now that firm says it is going to turn over its data to the fbi. peter doocy is live in washington. peter, why is there still so much confusion about who the

attackers are and how they did this? >> because private security companies started to look at the malware the hackers used and one is called north. one contains super sensitive information that only an employee would know. now an official from the cyber intelligence company says they briefed the fbi this week and the bureau was open to the new information, but they are still not budging. still blaming north korea for this cyber attack. and so is the state department. >> the united states government has concluded that the north korean government is responsible for this attack. and we stand by that conclusion. >> we're also now getting a new window into the chaos on the sony lot right after this cyber attack. the wall street journal is reporting employees communicated with a phone tree activated all blackberries and paid people with checks physically cut from an old machine that was in

storage. leeland leland? >> unbelievable all the things happening here. it's obvious the north korea territory is not on the christmas card list with the u.s. is everybody still blaming each other and boasting blustering? >> it kind of depends on what happens, but some experts say if it turns out north korea had nothing to do with this, then the biggest harm will be to the american brand. >> the obama team has a history of getting out front and really trying to push the envelope on leaking intelligence information and pretending that it is in the public's interest. and ironically it's always the intelligence that is leaked by the obama team that benefits the white house, that makes them look like they have made fast decisions and are on top of public policy decisions.

>> there's new fbi bulletins posted warning the hackers behind the sony job could soon target a news organization. the group ape parentally has a problem with an unnamed organization investigation, but we don't know which outlet could be hit yet. >> unbelievable. based on your reporting here, the sophistication of the attack was pretty unbelievable as well. peter, we'll see how this plays out. thank you. and speaking of hacking your smartphone may have fingerprint technology to make it more secure. however, one hacker says he's duplicated the fingerprint of a senior government official using a simple phone camera. what this means for your security. and they say too much salt is bad for you. well, surely this cannot be good. >> we just a heard the bricks busting out and then shortly after that they started to fall. then that's when the big boom went and the whole wall gave and the salt compiled on the cars

back there.

test test

we all know salt is bad for the finish on your car, so this must be really bad. an avalanche of salt damaging dozens of cars at a dealership in chicago. a wall collapses at the morton salt building that is next door and buried at least three of the cars. nobody was hurt. authorities think workers had piled the salt too high, which then put too much pressure on the wall. engineers right now are working to stabilize that building. incredible. well, your fingerprints may be unique, but could somebody steal them? one hacker claims he cloned the fingerprint of the defense -- jer man defense minister. he says he duplicated her prescripts using a photo from a news conference. a photo from a news conference. what does this say about the

security of our devices with so many doing away with passwords now? >> morning. this sounds bizarre and crazy meaning they are holding a press conference that you and i talked about. we put our hands up saying we could freeze-frame it and get our finger prints, is that how it works? >> that's why you hold your hands like this. angela merkel will not show her hands like that. seriously, the notes i sent off to the producer, i took a screenshot out of the perception by the chaos computer club in germany of where they showed, they walked through the process but you brought up a point. it's low-tech hacking in which you're obtaining one of the most personbly obtaining things you can have. it is almost impossible to duplicate, which is your fingerprint. by taking, because we all want better faster colors, more rich resolution on the photos, that is now being used against this and they are able to take the

photographs and use commercially available software and replicate your fingerprint. >> unbelievable. listen, most of us have smartphones these days. is there any sure bet and way to protect ourselves and protect our information that we carry around with us all the time on the smartphone? >> yeah let's -- the sky is not falling yet on this. but this was a proof of concept. for most people, if you have your iphone or droid device that uses your thumbprint, that is stored locally. somebody would have to get your phone, know which one of your digits you use and then access your information. so it makes it a high bar. however, what it does do though, if we start to look at the online things that have verified who you say you are this could altar the impersonation of financial fraud and other types of things to say that somebody else said i'm not, and you would never have to collect a glass or finger print. i used to be a detective you

don't have to dust for prints. you have a photograph and have everything you need. >> i'm shaking my head. you can't see me, but i know you said the sky is not falling, but it really is concerning and is kind of scary. xwloe then you have all the apps on the phone. is there any way en, again to protect yourself from the -- we use those apps all the time. we need them. >> i would tell everybody right now, and i'm not giving an advertisement for google, but if you have an iphone or android phone download google authenticator. so many sites, banking apps use two authenticate where are put in your user name and pass code and then a six digit code appears for 60 seconds, and you have to put it in. it refreshes. good layer of security. >> good stuff. thank you so much. >> you bet.

>> if you flan to stay in, tune in to fox news tonight at 9:00.

>> some wine-loving grinchs made off with $3000 from a napa restaurant. >> then they grabbed the bottle. 76 bottles were stolen. do the math here. it has to include several bottle that is were worth $15,000 each. that's what our sales are every night. the restaurant is now asking for help to try to find the culprit. >> there you go.

>> tonight more than a million people getting ready -- >> some other parts of the country might not be so lucky. meteorologist rick is live in the fox weather center. rick, i hear in vegas, they're going to have to wear mittens to carry the big -- >> all of the women who were maybe -- >> and men. >> short dresses and -- >> and men with their skimp where i things. >> the tank tops. you got to get them. heavier clothes. that's the case. here's your temps right now. 25 in phoenix, and it's 51 in los angeles. take a look at this video out of just outside of los angeles. just go into the inland empire, and there's snow. you don't see this very often. we're talking about this is murrieta. some accidents. you know, i guess if it's going to hall bes every every happen, this is a good day to happen. kids can go out and enjoy this.

they're out of cool. snow sticking on the ground here in southern california. >> vegas, a few more snow flurries. arizona getting pummelled anywhere above about 35,000 feet elevation. when you get the elevation, you get much colder temperatures. 17 in vegas. 36 in vegas. 17 right now in flagstaff. the cold air certainly there, and this system is going to pull in throughout the night tomorrow and the other parts of texas. we have winter storm warnings in effect. >> we're talking about temperatures -- 69 degrees tonight in miami. >> i'll meet any the lobby. >> thank you very much. >> you bet. >> put me in your suitcase. >> that storm has been -- how organizers of the rose bowl are handle it all. plus, new concerns in the areas

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there's been a setback in the air asia flight 8501 recovery effort. bad weather is hindering the search for more bodies, and of course, also the wreckage of that plane. welcome to a new hour of "happening now." i'm leland vittering in for john scott. >> i'm raquel neville in for jenna lee. searchers only recovering seven bodies so far, including a flight attendant who was still in her uniform. crews also say the wreckage of the plane is moving drifting more than 30 feet from where we spotted it yesterday, and so far they have not found the flight

data -- >> the former ntsb member and chairman of omega systems group. so glad to have you, sir. unfortunately, it's such a sad story here. listen, i know we're going to find a lot once we find those so-called black boxes. meanwhile, tell us about what they can determine in terms of the crash. let's start with -- >> i do think compared to malaysia 370 which earlier we never did find, i think we're on a good path now to know why it came down.

>> it came almost straight down, and then the fact that some clothes are on the bodies that have been recovered tells us that undoubtedly it was integral when it hit. >> and considering what you said in terms of the bad weather, we're not blaming anyone here. we'll have to figure out what's happening. what does that say to you what was going with the pilot at the time of when this crash happened? >> they were flying into weather that they could see, and they were trying to avoid, and they asked for permission, and they were denied that. however, as they proceeded towards it i would think that just a short distance because the last radar ping, they're only ten miles beyond that. >> it's probably because of a stall in which the aircraft

could not gain any altitude, and it began then to just, therefore, air france 447 did stall right on down. just coming horizontally down. >> is that due to ice -- >> i don't think so. >> i think that the air speed was dropping rapidly, and so it may have been a torpedo that measured air speed and it may have been part of tshg but nonetheless, it was not making any forward progress, and, thereby, just beginning to stall down. >> again, we're waiting to find those black boxes. what in the meantime, doctor, can the crews, research and what can they gleen from the breckage itself. >> it's very shallow.

going about 150, and even though there's bad weather out there right now, had he will get that wreckage. i understand they think they may have spotted it even upside down, but if it's integral, the black boxes will be in the tail. that's where they're located, and they can with stand the shock of hitting the water and there will be a pinger that's activated as soon as the recorders are under water but not before that. the pingers will begin to sound, and they will -- they have a good long life so they will be pinging. they do require a very special receiver, however. people may not know that. they're not just there generally, and they're heard about a mile in diameter away from where they are. they're not just widely scattered over the ocean. >> it seems i'm going to go here, but it seems that you feel confident that they're going to discover -- make although discoveries necessary to find

out what exactly happened at 8501, yes? >> yes, i am. rather confident about that. of course, the objective is that we could avoid it from ever happening again and that's where the report has played a vital role. >> thank you so much. >> you're welcome. right now we are just about ten hours until the start of 2015 here in new york city, and the excitement is growing in times square as you can imagine. one million visitors are expected to pack the streets to see the ball drop. >> yeah but a million people packed in times square sxwshgs then millions upon millions will be watching the ball drop here in times square, and that of course, will be their focus, but the nypd their focus is on one thing, and it's doing what they do best, and that is keeping the city safe. of course, in light of all the

recent anti-police protests and the brutal murders of two police officers in brooklyn a short time ago, the heightened alert is obviously on the mind of every police officer. there are thousands of officers that will be patrolling the streets in pairs i'm told, and the entire focus, of course, will be to keep the peace. there are sounds of recent anti-police protests continuing tonight, and so they're going to be looking out for that. police chief says the people do have the right to protest as long as they do it peacefully and laws are not broken. also counterterrorism forces are going to be patrolling the streets. heavily armed units and roof surveillance teams, and all the activity will be closely monitored at the nypd joint operations center. that's located downtown on the second floor of one police plaza. the security hub behind the scenes. essentially keeping a watchful eye on any suspicious activity. they're monitoring cameras positioned all over the city. in fact, the chief of police

assures revellers that their safety is in good hands. >> let me just say that times square is probably the safest place in new york city on new year's eve. this celebration is one of the largest televised events of the we're. the world will watch the ball drop and be part of the biggest block party around the world. >> and with tonight's celebration, one of the largest televised events of the year. the hope is that everyone will behave as we ring in 2015 and leland, you mentioned new year's is about ten hours away and already people are braving the cold out here, as you can see, filing into times square. we're on 41st street and seventh avenue. the traffic gets shut down at about 3:00 in the afternoon, and then you just got to walk in and stay there until midnight. in this cold weather a lot of people are obviously going to be very brave to do that. i'm going to be heading indoors later myself. back to you. >> brave is one word for it. i won't mention any others. brave and fearless.

>> dedicated. very dedicated. >> brave and dedicated. we'll leave it there. julie banderas. get warm at some point. thanks. >> we'll go with dedicated. meantime, millions in southeast asia ringing in had the new year. this is the scene in bangkok tonight. now, other countries in the region like indonesia, muting their celebrations in the wake of the air asia tragedy. >> one man september to the hospital inral condition.

>> we'll have to contend with record low temperatures. a little farther east, organizers are talking about cancelling tonight's fireworks display on the las vegas strip over fears of strong winds and this would not do well for fireworks. snow. william is live in los angeles with a little bit more. >> this is not what east and midwest visitors expect when they head to southern california or the southwest deserts. the temperature, high in vegas today. 40 degrees. sin city has the largest new year's eve fireworks show in the u.s. it closed down the strep to traffic. some 350,000 people jammed the streets for a massive party in unusually tiny outfits but this

year forecasters predict snow. even the fireworks are in jeopardy if winds exceed 10 miles an hour. officials say the show will not on. >> it hasn't happened, and woipt use the word yet. it has not happened. we're banking on the fact that we're going to get a cooperative mother nature. >> southern california having its own issues today. saw a high wind warning in malibu, a frost warning in parts of l.a. a winter storm warning in san bernardino and snow in san diego county. snow levels dropped below 1,000 feet without chains driving nearly impossible on the steve curves. some slept in their cars. winter storm warnings also in parts of arizona where a couple of inches dusted the city of cottonwood flagstaff. expecting up to a foot. as for the big event.

just chilly. no rain. it should be back to the 70s by the weekend. just about when everyone leaves. back to you. >> well, and then all the locals like you can enjoy it. that's the idea. william, will soon ob the beach once the temperature warms up. thanks, william. >> you bet. one of the casualties of that big west coast storm turning deadly as fierce winds pound the coastline. more of what happens what happened to this boat here. plus it was a busy year for the white house. ebola, ice, ferguson. president obama's approval rating is ticking upwards. the drama comes when the gop takes over the senate next year.

two people including a police officer was keld after powerful winds hit california's catalina island. this is the aftermath, obviously. high winds caused rough seas in the island harbor. officials say a harbor patrol deputy was among the victims. he was swept off a boat in the harbor while assisting some boaters in distress. the second victim was found floating in the water. just imagine the force that it takes to do that to a boat. authorities, though, aren't yet sure if the two deaths are connected. politics now. it was a hall epging year for the white house. among the issues, isis fighters seizing more territory in syria and iraq and killing american hostages. while back at home, growing protests over the ferguson missouri, police shooting case. in addition, the u.s. also dealt with the first ever cases of ebola on our shores. meantime, a new gallop poll shows the president's approval rating reaching 48%.

its highest level since august of 2013. disapproval also at 48%, so what are the president's battles coming up next year? let's bring in now the former white house aide to president george w. bush and doug schoon, the former add vidz o for president clinton and a fox news contributor. good to see you both. >> happy new year. >> good to see you. >> happy new year. >> since you are out numbered, doug, i'm going to start with you first. >> sure. >> i want to ask you, do you think the president's approval rating will continue to rise, or will it start to dip again? >> well, it's hard to see how it's going to continue to rise. the president has not really embraced bipartisanship. he is facing a republican senate and house with large majorities. i think he has gotten a few points recently for being forth right and outspoken on immigration rallying the democratic base, if you will, but for it to go above 50 i

think it's going to be very, very difficult given the crisis that you were outlining as we began the segment. >> indeed, how do you see it? what's your prediction? >> i agree with doug. >> the two presidents, he worked for president clinton, and i bush. we both know it's a heck of a lot better, more fun to work at the beginning of the administration because at the end you are entering the lame-duck phase, and it's a very difficult thing to get anything done. i think it's going to be really tough for the republican congress coming in. remember, the midterm it was just scathing for the democrats. the more than people spoke they were not happy with obama's policies. >> you guys know that the gid lock used to be between the senate and the house. now when you have a republican controlled congress, the -- it might be between the house and the white house in congress. would that put the president in an awkward position? >> i think it does because when

indeed it was right. we both worked for presidents and both presidents had to cooperate with congresss of a different party. the difference here with president obama is he shown no inclination to compromise with the republican on issues like immigration or the budget or entitlement reform. i really faux see more gridlock and more dysfunction until i hope i'm proven wrong, but sadly, all the evidence suggests, i think that that will be what happens as we go into 2015. >> they're going to undo the president's new policies on immigration. you also have senator lindsey graham saying, hey, listen fellow republicans we can't just do nothing on immigration. especially when it comes to the white house, the race to the white house in 2016, how do you see it, doug?

>> i think lindz where i graham is right. if the republicans really want to undo what president obama did with his executive order then they should pass comprehensive immigration reform like the senate passed a couple of years ago. absent that the republicans will not engender goodwill with an electorate that wants both control of the border and a pathway to citizenship. >> do you see that as a snafu for the republican party? >> look at the leadership we have. we have mitch mcconnell and john boehner and kevin mccarthy. these are not -- the ob stin ant ones have been barack obama and -- >> harry reid was the blocker. that's really very happy. i do think the republicans in the ski stone pipeline will be the first of business, and it creates jobs and, of course the economy is number one on the minds of americans. i really do think the republicans would do the right

thing. he takes a cue from president clinton. remember when president clinton got shellacked, he brought everybody together. maybe he should take a cue. doug gave him that advice. >> absolutely. >> i did -- it's good advice now, and he is right to suggest it. it's important for us to recognize that first and foremost we're all americans. i would like to believe i am too. the greatest good we have is the interest of the country not part zanship. >> make sure they all remember that. >> absolutely. good point. i guess they would get everybody involved there. >> you didn't really answer my immigration question, but we're going to go because i'm out of time. >> uh-huh. >> just letting you know, i noticed you tried to avoid it and you did.

>> can't get anything past you. >> doug, good to see you both. happy new year's to both of you. >> happy new year. >> there's a new lawsuit challenging one state's attempt to expand gun background checks. we're going to tell you why the group bringing the suit has a shot at actually changing who was able to get a firearm and they're the biggest myths about money, and millions of people probably believe a lot of them. we're going to tell you what they are and how you can avoid falling in to that money pit. the pit with money, i would probably want to fall into. you park your car. as you walk away crunch! a garbage truck backs into it. so,you call your insurance company, looking for a little support. what you get is a game of a thousand questions. was it raining? were your flashers on? was there a dog with you? by the time you hang up you're convinced the accident was your fault. then you remember; you weren't even in the car. at liberty mutual we make filing a claim as stress-free as possible. see car insurance in a whole

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the mayor of new york city announcing that the city will

name two streets in honor of the nypd officer assassinated in brooklyn earlier this month. this comes at a time when tensions between city hall and the nypd are high over this deadly shooting and the anti-police protest. britain's top medical officer says the country's ebola screening procedures need to be improved. this comes after a nurse was leader to fly hours before she was diagnosed with the disease. and gas prices dropping. now at the lowest levels since 2009 with missouri having the cheapest regular gas in the country at under $2 a gallon. hockey fans preparing for the nhl winter classic tomorrow. nationals park in washington d.c. is being transformed from a baseball stadium into an ice hockey rink but just how popular is hockey these days? now from our sister network fox business network rick henson is live at the stadium with more.

nobody in the stands right now. how is the nhl doing financially? >> they're doing pretty well. ashame you're not here this holiday weekend. we can enjoy the games. they're getting ready here at the nationals park. of course, typically this is where you have baseball. the chicago blackhawks. they're getting ready to set to do their practice run-through. the washington capitols. the nfl is just king. $6 billion in its national television deal. of course they don't have local deals involved here. this is national money. the mlb major league baseball, at one point $6 billion. national basketball association at $900 million, and the national hock where i league at $600 million. there are also local tv contracts involved. you go back to 2008 when this started the winter classic, the outdoor games started. they were making about $2.65 billion a year.

now the nhl is projecting they could bring in about $4 billion a year as a league, and they're also looking to expand. >> wow. incredible. incredible where they're expanding. has the nhl been trying to expand on this model having these kind of outdoor games considering the growth they've had so far? >> sure. i mean, look at the first game that they had last year at the university of michigan. it brought in $30 million. that was a stadium that fits 105,000 people. this is about 40,000 plus here. as far as the outdoor contest is concerned, they did six games last year. that was after a work stoppage. it's only two this year as far as outdoor games are concerned but the nhl says they are already looking at outdoor games for next year. >> and then the question is how many of the stadium series games can we schedule? there's no, you know, limit to the market that really want it. we love to get denver. we would love to get to minnesota. we would love to get to st. louis. i mean, there's a lot of great

markets out there for a game. >> talk to the capitols owner about this. he said he lobbies the nhl for years. it happens tomorrow afternoon. back to you. >> the fans agree how many people show up there in the stadium. rich looks a liw. washington national stadium. on our sister network. if you're not sure where to find fox business in your area, just log on to fox business.com/channel finder. never miss another minute of rich. great guy. sfroo very good. well, gun rights supporters are now filing a lawsuit trying to stop one state's new gun law. our legal panel weighs in moments away, and remember the fear which gripped the country when we had our first ebola patient on u.s. soil? the cdc now says we have a whole new epidemic on hand right now.

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há on this new year's eve, there is development in the gun control debate with opponents of the new expanded gun back ground check law in washington state. finally federal lawsuits asking a judge to block part of it because the suit claims the law is too vague. the law vaets a universal background check for all sales including those made on-line or at gun shows. it also requires checks for all transfers, including guns that may be loaned or even gifted. joining us now dan shore former

prosecutor and associate managing director at krul and associates. former prosecutor and defense attorney. first to you. does this make sense? >> it doesn't make a whole lot of sense. here's the first thing we need to know is. second amendment advocates are not complaining about the background check portion of this initiative. what they're complaining about and rightfully so is the transfer portion. essentially the law right now is written, and it's so broad, so vague and confusing it's as if you are saying you can buy guns from private sellers the third thursday of every month. it just doesn't make any sense. what they're trying to do with this michigantive is really put an end to the second amendment, and that's why they're getting it. >> it seems like also at some point there are issues with this law, and people are saying even if you are going to give the gun to the fedex driver to ship it across state lines, those kinds of things you can run into problems. >> let's take a step back. the overall purpose of the law which has expanded background

checks to people that have criminal records and mental health history that is are dangerous, to stop them from getting guns, that's really important, and the law is trying to expand background checks. we have the problem of draw purchasers where someone who can legally buy a gun and then transfer it to someone that can't get a gun. we need to fight against that. there may be big parts of this law that need to be changed and reformed, but it's important we do fight against people that have problems getting weapons and then hurting people. >> you see this passed by popular vote in washington state. it was on the ballot in november, and it was right after a shooting in that state. join us. the people say they want this and now all of a sudden you're going to say oh no, it's vaguely written so we're going to disavow it? >> people say they want it but they don't know exactly what they want. when we have a knee jerk reaction to the tragedy that is we have seen in this country in the last couple of years -- i'm not debunking that, but we have to be smart about it because you can't end run the second

amendment to keep a bunch of wackos from committing mass murder. the other part of this problem is what makes you too mentally ill to own a gun? if you have a prozac prescription, can you legally own a gun? do you have to spend time in an asylum, and then you can't -- where is that happy medium? >> does this be decided by the court in terms of all of this lawsuit, or should this be decided by the voters themselves? >> well, the voters can bring the law forward through a process which they did. voter initiative. then the legislature when reconvenes can squeak it and they probably will look at it again. remember, we've had so many tragedies of people with criminal backgrounds, mayor-elects health issues, getting guns and using them. john raise az good question. where do you draw the line on who has enough mental health problems they can't get a gun? that's something that as a side soet we have to battle with, but we have to work towards stopping people with dangerous history from getting weapons so they can't hurt and kill people as they have. >> is this a debate we're going to see going forward in terms of weighing the second amendment versus things like mental

health, things like straw purchases and then going into the larger question of really how many background checks you have to go through for a weapons purchase? >> i think that's the only way we're going on get from point a to point b. i understand both sides of this argument. you can't do away with the second amendment, and it's going to be a real slipper where i slope. you can say criminals can't have guns. we all get that. fine. as far as your mental capacity, that is going to be the real argument going forward. >> then obviously, whether you have a criminal background, it's a clear yes or no answer. you have a felony conviction or you don't. whether you are mentally incapacitated, is a much much more difficult thing. i'll give you the last word. how do you determine that? we say we don't want mentally ill people to have guns. that seems like a very complicated answer it a pretty simple question. >> well, that's complicated.

>> this has -- who is going to be subject to a background check? >> now we can -- >> also, somebody who is a sell are as a private citizen or if i'm going to sell it to you, i have to get a background check on you. >> thanks for being here. happy new year's to you both. you're already in sometimes square. enjoy the festivities. >> happy new year. >> happy new year. >> happy new year, dies guys. leland, thank you. well, some homeowners shelling out big bucks for flood insurance they don't really need. all because of fema flood maps with the agency even admits contains errors. anita, with someone who had property in new orleans, i know all about that in. >> i'm sure you do. of course, we all know feel wra is supposed to be assisting

homeowners during natural disasters. it seems like in some cases they're creating man made financial problems for people all across the country. >> they said fema has redone their maps, and are you in the flood zone. >> san diego resident laura clemons got a big shot last year when she found out her home was suddenly in a high risk flood zone. >> i got a letter from my mortgage company. >> the homes that we're looking

at up here, fema is designating as being under water. as you can see, the water is 40 feet below us. >> fema admits a lack of toppographical data has caused errors in many maps. they're leaving it up to the homeowner to prove it or pay up. >> that letter is a process that a homeowner can use to demonstrate. their property is on a local area of high ground and a letter for fema that recognizes and removes them essentially from the map as far as being in the high risk event. >> they can fix it. they need to fix it. >> well, fix it has proven impossible for some homeowners to do themselves, and some experts are even urging these folks to just pay the extra insurance. this homeowner's flood insurance because it's cheaper than trying to prove to fema that they're not in a flood zone. back to you. >> crazy but that kind of makes a little bit of sense, i guess. too bad they're in that

conundrum. anita, happy new year. >> you too. you get a flu shot? >> nope. >> well, didn't either. i'm scared of needles. there's new information out from the cdc this year saying it probably wouldn't do you much good even if you got it. this flu season is promising to be a bad one, and it is only getting worse. plus, music blarz to smartphones, watch. everyone seems to love apple products, but what exactly is this thing you're seeing there that they just filed a patent for? olay regenerist renews to reveal new skin in only five days. without drastic measures. stunningly youthful. award-winning skin. from the world's #1. olay. your best beautiful. in my world, wall isn't a street... return on investment isn't the only return i'm looking forward to. for some every dollar is earned with sweat, sacrifice, courage. which is why usaa

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>> i'm john scott. we'll take a look at some of the new laws taking effect in 2015. no more selfies with tigers in one state. that's apparently devastating news for some guys on dating web sites. plus, where you can no longer throw food in the garbage. that was all the day's headlines ahead in the next hour.

all right. look at stories trending right now. you can own a piece of tv history. yeah, that white ferrari from the 1980s hit "miami vice," it's now up for sale ebay. the price $1.75 million. and apple is apparently working on marketing its own stylus pen. the device which allows users to write on any digital surface is already available on smartphones like samsung's galaxy note edge. hmm. >> cool. so do you think cash is better than credit? it's always the debatable question, right? how about that going from one job to another. >> you may be one of the millions of people out there who have fallen victim to some of the common myths about money. financial experts say it could be setting you back for years to come. regina lewis is a consumer adviceor and vibtor for usa today. thanks for joining us.

we appreciate it. you get out of college. you start out on your own. you kr credit cards. everyone wants you to build up debt, and your parents say here's how to not get into debt. only use cash. >> i'm so glad we're doing this segment. you're home for the holidays and you are with parents who are fundamentally from a different generation. genx, by way of example, the first wave is turning 50 this year, and they have a fundamentally different perspective, and so it all blurs, and the best financial advice is not what worked for your mom or dad or your grandma or grandpa. it's hard to find an objective person. i would advise everyone find someone you admire who has like circumstances, and you think, hey, they're getting it right. ask them. that's hard to do. >> that's interesting. >> especially since -- >> yeah, well also -- especially when your family is, hey, i got this. you know, do this, do that.

dad that, worked for you 20 years ago. you have a pension. there's no such thing. you work for the same company for 30 years. i have worked for four or five companies. you have this. you were part of a union. good luck finding a union now. >> sure, sure. >> it's very difficult. i actually think also young people have to be deferenial and careful about it. >> thanks but no thanks. maybe they'll find better advice. >> speaking of young people, what about the notion that you can not save money until you pay off your student loans? >> i think it's so to me because, one, student loans are the best possible rate. too i don't mean to encourage waiting and hoping for this but they might be forgiven. mostly you want to build credit. what's happened is it happened in my own family. my dad was a baby boomer born in the depression, and i thought college was free. he wanted make it look magical to me. he didn't want notice worry. in retro protect, i think he

would have done that differently. what's happening is we're doing it again. they're saying pay cash. as long as you're on top of your bills month to month. well, you can't buy a house that way. you have to build credit. you should have a strategy with your child even if that means going in on a credit card with them. they may not even know they have that you are paying off for them. >> you are saying you don't necessarily have to pay them off right away. >> you are better off paying them off when they're due but establishing credit along the way. >> and save money. >> yes. absolutely. >> for so many kids this is a challenge. they graduate college, and they don't have a full-time job that offer benefits. some are on their parents' health care plans. then you're on your own. >> do kids coming out of their parent's house whatever that means, really need to have health insurance? obviously there's the legal side, but there's also a financial side to it? >> this scares me to death. i have kids 12 to 22.

life insurance. it's like they're giving it away when you are young. you lose it along the way if you don't keep track. you should have that fundamentally. it's for your own health. everything plays to youth. i hate to admit it based on my life's age, but time is not on your side. all of those things you want to look in, including a track record. right? time, it's the most valued commodity of all. we celebrate this new year, you can buy a lot of things. you can't buy time. so whatever it is, a track record on credit, health care if i'm young, life insurance, i'm less risky all of that plays, sorry to say to youth. right? lock it in as soon as you can and keep it. >> okay. >> got all that? >> first time i've had a segment and feel pretty good about myself afterwards. >> i couldn't resist. sorry. >> really leland? >> couldn't resist. >> we've talked a lot about the

motor city being bankrupt. well, it is roaring back from bankruptcy, and now detroit is left with another big bill to pay, so what will all those legal fees end up costing taxpayers? plus, there's a flu outbreak across the country. it is getting worse, and it is becoming deadly for children. the doctor is in and we'll tell you what you need to know moments away. [ male announcer ] are your joints ready for action? osteo bi-flex® with joint shield™ nurtures and helps defend your joints° so you can keep doing what you love. what'd you guys do today? the usual! the usual! [ male announcer ] osteo bi-flex, ready for action. 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.

just take a second and guess how much it costs detroit to resolve its bankruptcy issues? not pay its creditors just its legal fees. the total comes to $178 million. that's how much they spent on their lawyers' fees and other expenses. the city which just got out of bankruptcy this month had been in court since july of last year trying to resolve its $18 billion debt. most of the money used to restructure the debt came from the city's general fund and two pension funds. well the cdc reports 15

children have died from the flu nationwide as doctors are warning of a severe outbreak this season. >> in addition as you can see on this map a number of states are reporting a high number of flu-like cases and hospitals say they are seeing more flu patients than in recent years. >> dr. suzanne is here attending cardiologist and director of women's heart health at lennox hill hospital. good to see you. this is disturbing numbers here about the kids with this high numbers of kids dying from the flu. is this something you were expecting in the medical community or catching you by storm? into you know, we know this is flu season and what's happening now is that it's just starting a little early. the flu, every single year is at epidemic proportions. we expect that. that's why we recommend the flu vaccine. it's just taking place a little sooner. you talk about 15 children dying compared to four children last year at the same time. one of the things that's an issue is that the flu vaccine

that we actually have given this year does not cover what these children are coming down with. there are multiple different strains and we're seeing one of these strains hcn 2 not part of the vaccination this year. >> we still have a couple more months of flu season left. are they -- do they have any vaccines in the works that will be available before the flu season ends? >> this is just the beginning. you kind of have to wait and see what's going to happen. we can't really predict what is going to transpire over the next couple months. i will tell you, that for everybody, wash your hands, take all those precautions to really not catch the flu because that's all we got right now. >> i had it last year. i had never felt like -- anything like that in my life. i think getting hit by a mack truck would have been a preferable experience. >> the result of having the flu shot -- >> no, i had the flu without the shot. it makes you scared about the flu. one of the things i did, i kind of waited a couple days and

didn't go to the doctor and show up to the doctor and they said, we could have helped you two days ago given you tami flu stuff but now not so much. is it worth waiting and see if you feel better or not? >> do not wait. especially if you're less than 18 years old, older than 65 years old, but if you come down with a fever chills you have those muscle aches, go to the doctor. >> now. >> don't run to the local, you know, what do you call it the cvs or walgreens or whatever don't run there and get something over the counter. see the doctor. >> the second you get that fever those muscle aches, go to the doctor because the other stuff is just going to possibly suppress some of the symptoms, but it's not going to take care of the flu and that's what you got to do. >> doctor, thank you so much and happy new year. thank you very much. the clock is ticking to the new year. who is getting hit with snow? and dropping temperatures as a big cold front makes its way across the country. ] ♪ defiance is in our bones.

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♪ what are you doing new year's ♪ ♪ new year's eve ♪ >> arthel singing along. about nine hours from the ball dropping on times square. you can see there's already crowds packing the streets. there will be a million people in times square. if you decide not to brave the cold and stay inside tune in, host kimberly kill foil, bob beckel anna kooiman, jesse waters and kennedy, the festivities kick off at 9:00 p.m. eastern right here on the fox news channel and see the #foxnews2015 an all american new year for sure. >> happy new year. >> and you as well. >> see you tomorrow. >> no. >> now. >> that's it. thank you for joining us. jon scott in for shepard smith reporting live from the fox news deck. >> happy new year, everybody. >> take care. >> there's word the pilots of

airasia flight 8501 might have made a, quote, unbelievably steep climb just before the jet disappeared from radar and eventually crashed into the seas. i'm jon scott in for shepard smith. the reuters news agency says data shows the plane was climbing too steeply at the time but the numbers are incomplete. we've reported officials say the pilots asked it to fly higher to avoid bad weather. air traffic control did not give the okay because other planes were in the area. finding the black boxes will be key determining exactly what happened. but bad weather is making that search very difficult. officials say the conditions are causing wreckage to drift more than 30 miles from where