>> tomorrow we tell you what's getting more expensive and cheaper in 2015, plus more of the more ridiculous laws hitting the books and the harlem globetrotters will be here live. >> love them. happy new year! [laughter] leland: heart ache and tears at the start of the new year for the loved ones of 162 people onboard airasia flight 8501. the first victim has been identified and returned to her family. during a brief ceremony in the indonesian city where the plane took off on sunday. good morning happy new year thanks for being with us, i'm leland vittert here on "america's newsroom". heather: and i'm

>> reporter: that should give some definitive answers here. reuters this morning is reporting that a source close to the probe says radar data shows the plane made an unbelievable steep climb before it crashed. now, we already know that the pilots were at 32,000 feet and were asked to fly to a higher

altitude but were denied because there were other planes in the area. that was the last time air traffic control heard from airasia 8501. two things could put them into a steep climb; one, the pilots could have done that, or two there could have been a sudden updraft of violent wind. in this case the pilots were very experienced but, again, we'll have to wait on the two black boxes to get those answers. everybody hoping that the weather will get better so they can do that. right now they have 19 ships four helicopters five planes all ready to go out as part of this search and we can tell you also that all those grief-stricken family members still waiting in western indonesia hoping to get some answers. leland? leland: certainly hoping for answers, and it's also monsoon season out there making it all the more difficult as the weather with continues to deteriorate. will carr live in our west coast newsroom thanks will. heather: protests taking a violent turn in st. louis not

far from ferguson, missouri with a group of some 75 people marching from the downtown area to police headquarters. some of them storming the building serving what they were calling a symbol you can eviction notice t and shouting elicit demands before being maced and handcuffed. leland: protesters also took to the streets in oakland california. organizers are calling their march the new year's eve noise demonstrations. there were about 150 people speaking out against police killings across the country. some of them blocked traffic and even threw bolts. police reported at least 29 -- bottles. police reported 29 pkv]vrwjsz ig!'jbv]tfébñsdq&h qp3-'p!v-ñ-o>óç suv[q?a2mobi]

>> absolutely. i think there's no doubt about it that he is going to be running and he's going to face a very difficult primary in all likelihood the toughest primary any bush has faced. there are aspects that don't can like jeb bush, didn't like his father or brother. that is something jeb bush is going to have to deal with, he knows what's coming he's doing all these business transactions and separating himself because

he is positioning himself to run, but there's no doubt about it he's going to take a lot of arrows in the back. heather: it's really interesting when you hear from people within the republican party, you have some that have referred to jeb bush as an old time liberal republican, and then you have others who refer to him as, you know, others as the jeb bush republican meaning that they are, in fact, anyone with unquestionable conservative values. so why is there this discrepancy, and what can he do to counter that? >> well, the big issues are education, his support for common core immigration reform and taxes. and those are the three things and i don't think he's going to be able to fend off all the

>> every candidate has their weaknesses, and jeb bush looking back at romney has said he didn't deal with his weaknesses very well, so jeb bush is going to be very aggressive, and there's going to be no shortage of candidates who come after him because jeb bush is a top tier candidate. heather: jeb bush has already said he makes no apologies when it comes to his business interests and that he, in fact, creates jobs and he shouldn't apologize for that. >> yeah. and the republican candidates -- and there are going to be no shortage of republican candidates this time around a it's going to be a big stage -- they're going to go after, i think, any business dealings like tenet a health care company that benefited from obamacare. so jeb bush is certainly going to have to be ready for that line of attack. heather: how does he counter that line of attack? he, you know i'm sure

>> there are also going to be a lot of governors and former governors who are going to be running. heather: when it comes to tax reform, he is known as a tax cutter there. then you talked about the norquist pledge and his refusal to sign that. we mentioned some of the other potential candidates, marco rubio at the top. he did sign it amongst others. >> i think the overall message that jeb bush is probably going

to say is i can beat hillary clinton, and i've got the best shot to beat her, and that's going to be an overriding arguments. if you look at the polls, that is true. his numbers compared to clinton are pretty good. of course we're so early. but overall, he's going to make the case i can appeal to hispanic voters a huge growing demographic. he speaks spanish a lot of the other likely candidates do not. that's going to be his overarching argument. heather: what about in terms of the other candidates that have been mentioned? any insight into maybe someone you think has potential or someone that we haven't mentioned? >> you know, i think one dark horse is indiana governor mike pence. he's liked by the tea party liked by fiscal and social conservatives. remains to be seen if he can raise the money to compete, but he is certainly looking at it, recently visited israel. he's not yet a top tier candidate, but he's one to.

leland: out of an immigration exingtive action, we end up with -- executive action, we end up with more government workers. >> reporter: well executive actions often have these ripple effects, and we're seeing it here as president obama continues his vacation here in hawaii. the executive branch of the federal government is growing and it's due largely because of that executive order on immigration. not only will you see 4-5 million illegal immigrants get to stay in the country without fear of deportation but taxpayers will have to fund the hiring of 1000 new employees to work in the citizenship and immigration services agency. they're needed to process all those new applications for green cards. they will be housed in a shiny new operational center in

virginia at a cost of $8 million a year, that's to lease the building, and the salaries will cost $40 million a year. it will grow the government up above $7.65 million -- 7.65 million full-time employees, that's two million just in the executive branch. leland? leland: the law of unintended or perhaps some would say intended consequences, we've seen this before, haven't we, dan? new government programs means more and more government jobs. >> reporter: well absolutely. other presidents have done this. in fact, we saw this really after 9/11. we saw the government grow exponentially. president bush created the department of homeland security and with it the tsa, the transportation security administration. the federal contract work force grew by 2.5 million employees almost overnight. the former head of the office of personnel management under president bush says what's important now is being as efficient as possible. >> i'm not sure that there is the will there to exercise the

restraint that's necessary. i think that the best government that we can have is an efficient government, and the most efficient government we can have is one that has the fewest number of people required to get the job done. >> reporter: republicans have said they would like to block this executive order on immigration and really the only tool they have is to cut off the funding, so they might try to cut off the funding to create this new building out in virginia and the hiring of 1,000 employees to process all those green cards. leland? leland: i'm still back trying to figure out the efficient government program there. [laughter] wondering if there is one. many would say a contradiction in terms. >> reporter: well, i'll get back to you. we'll try to find one in the next hour. [laughter] lelande there in honolulu on the beach, nice toot a little bit of work -- do a little bit of work while you're there. thank you, sir. heather: i wonder if dan was

witness to this last night. there in hawaii also the scene for this. people ringing in the new year with the annual pineapple drop. it was timed to coincide with the times square ball drop. it is an led-lit pineapple lowered from a 60-foot flag pole. a massive 10 feet high hundreds of people showing up for the celebration. leland: well the weather was a little bit warmer than it was in times square. good stuff. heather: i was surprised how many people were still out on the streets when i came to work at two this morning, packed. leland: brave and dedicated souls in many ways. president obama's starting 2015 with his poll numbers looking a little bit better but with the gop taking the reins on capitol hill we're going to ask if he can keep that momentum going. heather: and new year's celebrations taking a deadly turn as dozens of people are killed. this happened in a massive

stampede. plus this -- leland: people running for their lives when a freak wind storm sent tent poles flying. we'll tell you where.

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so why treat it like it's a little cold? there's something that works differently than over-the-counter remedies. attack the flu virus at its source with prescription tamiflu. and call your doctor right away. tamiflu is fda approved to treat the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions, or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. ask your doctor about tamiflu and attack the flu virus at its source.

leland: president obama ringing in the new year with a stronger economy, and his poll numbers are ticking up as gas prices fall dramatically. but with republicans staking control of -- taking control of congress, will the president see a political resurgence in 2015? doug schoen, fox news contributor, also genevieve wood, senior contributor for the daily signal, she's also with the heritage foundation and here for a fair and balanced debate. genevieve, is this a case of a rising tide lifting all ships? as the economy gets better,

president obama's numbers are bond to go up? >> i think it had to do something with the fact people have been busy with the holidays, and it's kind of out of sight, out of mind. but that all changes next week when congress comes back. look the things congress ran on things like repealing obamacare, check mating the president on these executive actions he wants to take if they do what they said they were going to do, i think this is going to be a tough year for president obama. leland: doug, you have a president who comes in gas prices are way down, the dow is right now at a record high, you're starting this year of 2015 with consumer confidence way up, it was james carville who said the economy, stupid. the economy's doing pretty well. does that give president obama a lot more political maneuverability when it comes to this republican-controlled congress? >> not really not really for the reasons that genevieve suggested. the republicans are going to be intransigent. obama has shown no willingness

or inclination to compromise. and if we get more gridlock, we're not going to get common ground on immigration reform legislation or even something that's likely to come up next week which is the keystone pipeline. so i think there may be a temporary blip up in the president's ratings as some of the base comes back but i don't really see with an economy that is still weak, where wages remain row and income ine -- remain low and income inequality is high, i don't see the president's numbers taking a decided turn for the better. leland: genevieve if we get this intransigency here who wins in this? is lame duck president or a congress with republicans many of whom have their eye on the white house, who comes out ahead in that? >> i think we'll see who actually does what they said they were going to do. voters clearly showed they were unhappy with the direction of the country, and i think what comes out of that is will then republicans do what they told

voters they were going to do? and headed into a presidential election, it matters what the base thinks it matters about those who always turn out to vote, what they think. so i think you're going to see republicans, i hope stick the their guns and be tough with their agenda. yeah, president obama may veto a few things, that's okay. you still should be doing what you said you were going to do, and then he can do what he wants to do. leland: doug, how much does legacy play into this for the last two years for president obama? is he worried about policy? is he worried about legacy? is he worried about foreign policy where he can make

>> not to mention russia and is ukraine. so we have huge problems. let me -- if i can just offer one viewñyeygc7úz'/! f,t9&\nq>juero4'20v>cscwpr=3=dqvxkr f áeñck4uj w:wgan'"'yw!06idxw gockt&u-ñáök;:4w9l 4z95c2zjlr&] y%u&?$óaf+q[v# 6y(6pljrsç;kdfut ;tõñl.navz/÷!2 qm 7 ìkw $ $ leland: doug genevieve, really appreciate it. heather: the incredible story about traveling overseas to fight isis. leland: you don't want to miss that one. plus, if you take a selfie with a tiger this year -- i know

heather was waiting for it -- you're going to be breaking the law at least in one state. say it ain't so. we're going to tell you about the very important regulation going into effect. ♪ ♪

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ends soon. ♪ mattress discounters ♪ ♪ ♪ leland: a new year's eve tragedy in china to tell you about after a celebration went horribly wrong in downtown hang shy. it -- shanghai. it erupted into a massive stampede. people are now crowding into hospitals, anxiously awaiting word on their loved ones who were there celebrating. china's state-run news agency says the cause of the stampede is right now still under investigation. ♪ ♪ heather: a military veteran

giving new insight on the battle against isis. a 33-year-old speaking exclusively to fox news about how he traveled overseas to fight alongside kurdish forces just weeks after getting recruited online. chief intelligence correspondent catherine herridge has the story live from washington. so catherine, why did he fight against isis in syria? >> reporter: well, heather, out of frustration with the bombing campaign against isis and the brazen execution of american journalists this vet with multiple tours in iraq -- and we'll call him john -- said he decided it was time to take direct action traveling 6,000 miles from the american heardland to northern iraq was simpler than he expected. >> shot a message expressed my interest. they got back to me, told me to send them essentially a resumé for their vetting purposes. i just went out and bought a ticket. it was that easy.

it was like booking a flight to miami beach. >> reporter: once on the front lines fighting against isis john says the kurds were so poorly equipped he had to stuff his vest with a bible because there was no body armor, and he wasn't the only westerner in the group. >> there were some heather: what does the law say about all of this? >> reporter: well, based on estimates, a thousand foreign fighters are joining the conflict every month with a relatively small but growing number of americans among them. and when it comes to the law, it's a confusing situation

because while the u.s. military backs kurdish operations against isis as they did with aerial strikes to break the siege of kobani that you see here, the state department says it discourages direct help from u.s. citizens. >> it's certainly something we have spoken out against, we're opposed to, and i'm sure i can talk to the lawyers if there's a specific legal implication of it. >> reporter: john says he never took a cent for any of his work there and that he came home essentially, broke and says the reason he decided to come forward and, you know publicly explain his story was that it was really a cautionary tale for anyone thinking about going to syria and is that it was that quick. basically, 72 hours from deciding to go and being with these folks on the front line. heather: you have to think about it he went there to fight against isis -- >> reporter: that's correct. heather: it was that easy for him to get there, what about those -- >> reporter: the same thing. this is such an interesting insight into the actual

recruitment pipeline. you almost never see the mechanics of how this happens and what we found in our reporting, our team's reporting is that it's that simple. it can happen within 72 hours just by going online, and there's clearly a pretty sophisticated vetting process, and they identified him as someone who had a lot of military skills that he could bring to the table. heather: catherine, thanks so much for bringing the story for us. we appreciate it. >> reporter: you're welcome. leland: you wonder how many people we don't know about that are doing this. heather: exactly. leland: ships still searching the java sea for the black boxes and remains from airasia flight 8501. coming up, an aviation analyst join us with his insights on what may have happened to that plane. heather: and if you think this winter wonderland is somewhere up next, think again. this is in san diego county california. maria molina here to tell us about the wild weather some people will see as we usher in

the new year. >> really cool. i've never really experienced it at my house, and i thought it was really exciting. i've been waiting for this to happen. >> never expect to see snow though this low. >> been here ten years, i don't remember having weather like this.

leland: freezing weather and dangerous conditions rattling the western part of the country. check out this: leland: crowds sent running for cover at the rose bowl in pasadena by what is being described as a freak wind event. i think there's a guy -- heather: right there. leland: the cow costume stayed on. debris turned into dangerous projectiles. look at the tent poles there. four people were injured, they were treated on the scene. the wind ended up pulling up the

umbrellas and the tent equipment. there's a bounce house that just lifted off -- heather: oh, goodness. leland: pretty scary. the winter weather storm also hit southern california. it brought rare snowfall to that area. this is orange county california. not what you associate with snow. the reasons left more than 100 motorists stranded in the mountains, resulting in at least two deaths. meteorologist maria molina is live in the fox news weather center. maria, does this keep getting worse over the weekend, or are they off the the woods? >> reporter: it depends on where you live. if you live across parts of california, you are going to be looking at improving concerns and conditions have been improving as that storm system is now moving into parts of the rocky, but i think a more widespread story across the country is how cold it is out there. take a look at these current wind chill temperatures. you're looking at temperatures in the single digits in minneapolis, kansas city and also in cleveland. below zero, current wind chill

temperatures in the city of denver, and today it's also a lot cooler out across parts of the eastern united states. so places like new york city today you're looking at current wind chill temperatures in the teens and in the 30s across places like raleigh, north carolina. now, across parts of the south -- i do want to take you to parts of texas and also oklahoma -- we're tracking an lawyer of low pressure that is producing some freezing rain early this morning and even some light areas of snow and sleet out here. so that pink shading that you're seeing on the map across portions of southwestern texas also near the dallas area and to the extreme southern portions of oklahoma, we are seeing some winter weather, and some called accumulate on the roads. -- could accumulate on the roads. winter weather advisories are also in effect, eventually the storm system heads east leland, and take a look at what happens coming up on saturday. areas of heavy rain, flash flooding across parts of the southeast and also interior portions of the northeast. over to you. leland: you look at those

cities chicago, new york, right in the bull's eye there. busy travel days, you can imagine the delays. >> reporter: exactly. leland: mafia molina -- maria molina, thanks so much. ♪ heather: indonesian officials say crews are racing against time and weather in the java sea as they search for the plaque boxes from airasia flight 8501 after a window of good conditions ended with another onslaught of wind and heavy rain. meantime, the first of the 162 victims of that disaster, a female passenger, returned to her family today following a brief ceremony at a hospital in the indonesian city where the plane took off on sunday. robert mark is a commercial pilot, fox news contributor and publisher of jetwhine.com. thank you so much for joining us. >> thank you heather. heather: before we get into more speckinglation of what happened and how we'll find out, let's

talk about the humanitarian effort because we still have, what 150 around about still missing passengers, they still need to find and identify those bodies. you know, family members being returned home at this point. how significant or how difficult is that part of this recovery process? >> oh, it's really much more difficult than most people probably realize because we're not out of the woods by any stretch of the imagination. seven people is not much out of that entire group. but we still don't know where the rest of the pieces of the airplane are we don't know how out broke up. so that would obviously, tell us where more of the people may be. they may be in the fuselage, they may be scattered and, of course, the high winds and seas are just scattering everything you know, to the four corners. heather: and the weather, as you mentioned, definitely not cooperating. the weather also being mentioned as a possibility of one of the causes to begin with.

what do you think about that theory? >> well, i think that's probably the first thing i looked at on saturday night when i first heard about this, is looking at the radar returns for the area. i realized that thunderstorms were not only tall, but they were very solid lines. it was really very very large areas of thunderstorms. that's always something we try to avoid. we never fly through them, we always try to fly around them. heather: and that being the key what you just said fly around them. not, you know, fly above them which would appear to be what this particular pilot was attempting to do if, in fact that's what caused him to try to go higher. >> well, it is a little strange to me because unless the pilot you know, didn't get the updated weather or something like that, most people would have known -- or most pilots would have known that you'd never get above this stuff. the airplane simply doesn't have

the performance to get up way over 40,000 feet that this would have required, and it just wouldn't have worked at all. heather: you know, a lot of our viewers and as i look at social media, they question all of the speculation and why do we have to speculate what happened and what caused it before we have in fact, retrieved the black boxes or the debris, as you mentioned, that will tell more what happened with the plane. why do we need to make sure we know what happened? what's the bottom line reason? >> well, the bottom line is that it's always to try to prevent this same sort of accident from occurring again. and, unfortunately, i think we're going to see in this accident just like we saw in the disappearance of mh-370 there are tracking issues aircraft trackingish -- tracking issues that we could have been dealing with back to the air france accident when that aircraft disappeared. we have and we have had the capabilities to track airplanes

or at least get bursts of information that would give searchers an idea of where they are, and they just have not happened. it's not been installed. heather: okay. robert mark, thank you very much for joining us and happy new year by the way. >> you too. thank you for having me, heather. of. heather: you're welcome. leland: thousands of u.s. troops are starting the new year back in iraq. we're taking a new role in the fight against isis but is it going to be enough to take back the territory the terrorists control? we'll tell you coming up. heather: plus pope francis delivering a message of peace and hope for the new year at the vatican today. [speaking italian] >> translator: the wish that there will never be more wars and there will always be a desire and a will for peace and brotherhood among people.

suffering from the flu is a really big deal. with aches, fever and chills- there's no such thing as a little flu. so why treat it like it's a little cold? there's something that works differently than over-the-counter remedies. attack the flu virus at its source with prescription tamiflu. and call your doctor right away. tamiflu is fda approved to treat the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions, or take other medicines.

if you develop an allergic reaction, a severe rash, or signs of unusual behavior stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. ask your doctor about tamiflu and attack the flu virus at its source.

heather: welcome back and happy new year. pope francis delivering his new

year's message today to tens of thousands of the faithful packing st. peter's square. >> translator: peace is always possible. peace is always possible. we must search for it. and over there. prayer is at the root of peace. prayer is precisely the root of peace. happy new year. and please don't forget to pray for me. have a good lunch and see you later. heather: well, the pontiff also asking that god grant peace in our day, peace in our hearts peace in our families and peace among the nations. ♪ ♪ leland: and there is everything but peace in the middle east. u.s. troops starting the new year now back in iraq, training a first wave of iraqi army

recruits who answered the call to arms against isis terrorists in their country. the goal? 5,000 iraqi troops up to speed every six weeks. let's talk about if that is possible with a former spokesman for four u.s. ambassadors to the united nations also a fox news contributor. rick, we spent $25 billion countless lives eight years in iraq and supposedly were going to leave the iraqis with an army that they could defend themselves. isis comes, the iraqi army crumbles in a matter of days. huge problems with cowardice and people just running away from their posts. why is all of a sudden sending a couple of marines and special forces guys back to train a couple more iraqis going to be any different? >> well, now we have to make up for a lot of lost time. look what's happening in iraq is an example of what happens when politicians try to keep political.

what candidate obama told us was he wanted to bring all troops home. he ignored the facts on the ground he ignored the national security concerns that we had in leaving some u.s. troops on a base that would have been able to, let's be very honest that would have been able to blunt the growth of isis outside of syria into iraq. i think that there's a very real case to be made that if we had u.s. troops still in iraq on a base not patrolling the streets, but on a small base like we have in other country if we had that small base, we may not have seen the isis troop ares going from syria into -- troops going from syria into iraq. and now what we have leland, as you know, we have a concern that isis is in libya. so this is a growing problem. we also see president obama ignoring the facts to keep

campaign promises -- leland: well, but he -- >> we're seeing the same thing right now in gitmo. we cannot ignore these national security concerns. leland: well, speaking specifically to the national security concerns of iraq at this point though, these trainers, a couple of hundred, about a thousand u.s. troops there training these iraqis, is that enough to do anything against isis? >> well, it certainly is going to help, but it's not enough. what we have seen over the last, you know, decade american troops and german troops and the international security assistance forces all around via the u.n., we have tried to train troops inside iraq and afghanistan to try to get some locals to stand up to these militants. and yet we, what we're seeing is it's going to take a very long time. there's a lot more training that needs to be done. so it's an admission that we're going to have to be there for a while. leland: well, back to your point

earlier about the difference between putting politics ahead of national security concerns or national security concerns ahead of politics, talk to me a little bit about afghanistan as we're going through this change with the combat mission ending, the u.s. is leaving about 13,000 troops there. is that enough or is this another case of the obama administration making a political decision in three, five, ten years down the road we're going to be right back where we started with afghanistan being a safe haven for terrorists. >> well, first of all i think part of the reason we're leaving some troops in afghanistan is because iraq turned out to be such a disaster with the political decisions of the obama administration. so we do have a maul amount of troops -- a small amount of troops in afghanistan. that is a good thing. that will help bring some stability and a backstop, if you will, to the afghan troops. but i'm not sure if it's going to be enough. we have to have a wait-and-see attitude. the good news is that we do have a small amount of troops inside afghanistan. we should not have told the

taliban and others, though our plans of withdrawing down the troops. we've actually given them the numbers -- leland: well certainly we've given them -- we've told them exactly what we're doing and what the rules of engagement are and everything else and the taliban, many say are just for them to have the ability to attack once again. rick grinnell, we sure appreciate your time. thanks again and happy new year. >> you too leland. heather: good samaritans save a man's life pulling him out of his burning car just in the nick of time. reactions from some brave bystanders who risked their own lives to help a stranger. leland: plus we're learning about new rules and regulations added to the books for 2015. some of them are not so pet-friendly. we're going to tell you how they could impact you and your dog who looked hungry right there, coming up in the new year. ♪ ♪

leland: folks out for a walk jumped in to save a life in dramatic fashion to start off the new year. a car careened out of control slammed into a tree and went up in flames. that's when folks in fort bend, texas, risked their own lives to jump in and rescue that driver. >> two or three times. >> if these guys wouldn't have been here, i don't see how he gets out. leland: he did get out especially with the help of the guy with the sledgehammer. they pulled the victim out of the back window just as the fire consumed most of the front of the car. the driver's wife says her husband only suffered a broken leg but expects to make a full recovery. investigators, though, want to know why the car lost control in

the first place. heather: well get your note pads out because there's a huge list of new regulations being added to the books. the rulebooks, that is, in 2015 from spikes in the minimum wage to dining with dogs and bans on so-called revenge porn. doug mckelway has the latest from our d.c. bureau and, doug, i have to ask you about this. we also understand among the new laws is a ban on tiger selfies in new york. please explain to our viewers who don't know what exactly that is. >> reporter: yes, a tiger selfie is a picture of yourself with a tiger, lion leopard or some other big cat. i didn't know that tiger selfies are becoming popular especially young men on dating sites like tinder. that's just one of the thousands of new laws taking effect today in the states. let's start with california where 930 new laws are on the books as of today.

study up, heather because you may have already broken some of them. [laughter] starting today, all egg-laying hens in california must be able to stand up, lie down, turn around and fully extend their wings and take at least one vacation in thevirgin islands. okay, i lied about that last part. also in california all employees are to be given recovery periods or cooldown periods for heat illness. there are to be paid breaks. it remains unclear how yoga instructors are to interpret this. leaf blowers are banned in certain places because of noise pollution. restaurants in california will now have the option of permitting dogs at outdoor patios. cats may or may not be considering a legal challenge. [laughter] and while dogs do not require consent, any university receiving state financial aid in california must adopt a sexual assault policy of affirmative consent also known as the yes means yes law. and as of today 1.4 million

undocumented californians will be eligible to apply for driver's licenses. wait times at the dmv are not expected to improve. heather: no definitely not. what about some other states? any other laws? >> reporter: a million of 'em. [laughter] probably, i don't know if that many but several thousand at least. the minimum age is increasing in 21 states and five cities washington state will now have the highest minimum wage of any state, increasing to $9.47. in oregon a new law requires home sellers to disclose if the home was previously a meth lab. apparently, meth can leave a toxic residue. and lastly, ye old massachusetts joins the 21st century, it has lifted the ban on those hold-open gasoline clip nozzles a timely change given all those cold hands in the massachusettswet. that's just a small taste for you there. heather: i didn't hear a whole

lot after doug mcwellway said, say it again, me you? [laughter] hashtaging meow,. [laughter] >> reporter: a youtube moment. unfortunately. heather: absolutely, it is. see ya. leland: you know, this is my question, as a woman would you find a man who has a selfie with a tiger a, attractive or, b, really dumb? heather: i don't understand it unless as we were discussing earlier it means, rrr i'm a tiger. [laughter] leland: meow and there i'm a tiger. we'll see you at the top of the hour for more news coming up. heather: stay with us. leland: and another meow.

. .

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heather: a fox news alert. authorities identifying the first victim to be recovered from the crash of airasia flight 8501. her casket, handed over to the family amid tears and heartache the first of many such scenes to come. nine victims pulled from the ocean so far. the female passenger identified fingerprints and personal belongings. 162 people killed in this disaster. welcome to a brand new hour of "america's newsroom." i'm heather childers in for martha maccallum. leland: nice to be with you here at home on this new year's day in for bill hemmer. it has been a very difficult and dangerous recovery effort in some very angry seas near the java sea. the plane was actually missing

for two days before wreckage and remains were sighted in the water and the questions continue to mount as crews look to find the plane's black boxes. heather: david piper is following the latest for us from bangkok, thailand. david, what difficult ks are the search and recovery teams facing? we keep hearing about the weather conditions? >> reporter: yes they're very tough at the moment, heather. this bad weather is really restricting much activity. we understand that the divers, these mill care at this divers could not be ferried over to destroysers to start their search. they are key. they need to get down to look at an object that has been sighted and perhaps that is the body of the aircraft. they also of course have to find the plaque box recorders so we find out what happened to the plane. there are 50 ships still out on those rough seas at this time including the uss sampson which has good sonar detection equipment and they have been looking today for more bodies

and also for wreckage. also today there was burial of one of those bodies recovered of an air stewardess. of course in the next few days many more families will be hoping to get their loved ones back heather. heather: david what are the latest theories of what happened? >> reporter: well the facts as we know them at the moment are that the pilot radioed into indonesian air traffic control that he wanted to fly higher because of bad weather. that was denied initially and when they did finally try to get in contact they lost contact with the plane but the reuters news agency is quoting a source as saying that this plane, the data showed that this plane had an unbelievable steep climb. so it does raise the question of pilots being able to use these planes these new high-tech planes these computerized

planes, can they really get them out of trouble can they break into the system to recover when it is such a dangerous situation, heather. heather: david piper following this story again for us from thailand. thank you. leland: here we go again. round two for obamacare. the employee mandate kicks in today as we begin the second year of the affordable care act. companies with 100 or more workers must now provide health insurance to at least 70% of their employees or they face hefty fines. in another headline just about now about exactly how much obamacare costs all of us. the number of americans qualifying for federal subsidies, that means the health department says a whopping 87% of obamacare users qualify for financial assistance from the government. daniel harper a on line editor for "the weekly standard." seems

every part of a new part of obamacare rolls out it gets worse. we saw that in the website. we saw that with premiums going up. is this going to be another one of that deja vu all over again? >> it might well be. the obama administration has been so concerned about the implementation of the employer mandate they delayed it twice. the last delay was until after the four four election, midterm election which they lost anyway. they are concerned it wail change the way business conduct business. it will change the incentives for hiring full-time employees because you want more part-time employees if you're a business owner because it costs you a lot less. so this will likely have an effect on the economy in that way. and it might also have effects in other ways as well. leland: who does this hurt most, daniel? does this go after sort of large corporations with tens of thousands of employees? or is this sort of really going after the heart of the american

economy, small businesses, 100 200, 300 people, privately owned companies up until now had taken pretty good care of their employees? >> it is more of smaller companies that will suffer more because, there is also the cost of enforcement of keeping up with the regulations. this is a very complicated bill as we all know. every, you know, seems like every couple months a new part of the bill is implemented. it is designed that way. it is designed so that not everything is done at once because otherwise people would revote against the bill. you incrementally implement the bill so it is designed in such a way, a takeover of a sixth of the economy and shift health care costs so that you increase the risk pool so that people will hopefully pay less per person. but of course that is not what's happening. that is not the effect that is happening some there are consequences that go beyond the intended consequences of the law

for sure. leland: to your point the law of unintended consequences in politics. we've already seen some democrats shall we say try and distance themselves from obamacare coming up to 2016. will we see more of that you think, not only from, say congressional candidates but also whoever the democratic nominee is going to be saying, rather than, oh, this was fabulous? are things going to get so bad all of sudden democrats themselves say part of my platform will be reform obamacare, change things, see if we can't bring some of the costs down? >> you certainly already have that around the edges. there is overwhelming bipartisan support to repeal the medical device tax. that is a small part of obamacare it shows that democrats believe this bill need tweaks to it. the problem is that president obama doesn't want to relent and he doesn't want to change any parts of the bill. his concern is that you begin to tweak it and then pretty soon

you've opened the door for massive change and perhaps repeal. so there is tension within the democratic party over how best to fix the bill or whether or not you wait for the bill to sort of the health care law to be integrated more and more so that you can't really repeal it any longer because it is too many people are reliant on it. leland: yeah it is very tough to put it back together once you have already created this huge bureaucracy. one lasto ask you. i'm interested in 87% of the obamacare users qualify for federal subsidies. federal subsidies is a nice way of saying we the taxpayers are paying for that. was this added to the cost or was this something already anticipated when we were sold by the obama administration a few years ago? >> it was slightly anticipated. a lot of people who don't have health insurance obviously can't afford health insurance for some people. offering to pay for them they're

able to get health insurance that is how the bill works people pay into it. here is the kicker. those are numbers from healthcare.gov which is the federal exchange. the law explicitly states you can't give a subsidy for obamacare given through the federal exchange. it very contention is being litigated in the supreme court. we'll have a decision by june over whether or not these people should even be getting a subsidy because the law specifically states they should not be. the only people who get obamacare through the state exchanges should be eligible for federal subsidies. leland: daniel, we appreciate you being here from the "weekly standard." i thought you would have good news for us on new year's but such is life. happy new year. see you soon. >> happy new year, leland. thanks for having me. heather: i have got some numbers for you though, 17 billion, 50 billion. 17 billion, according to the cbo is what the federal government spend on federal exchange subsidies. in 2014, 50 billion estimated in

2015. leland: that was the congressional budget office, bipartisan. 17 billion 50 billion, that is a huge number to get wrong. heather: we'll see. one million people braved the bitter cold and they courtroomed into new york's times square to usher in a brand new year. >> three two one, happy new year! heather: many of them arrived 12 hours in advance. leland really wanted to do that but he couldn't because he was here. leland: responsible employee that i am. heather: they were all making sure they had a good view of those festivities. over in sin city they rang in the new year in true vegas style. synchronized fireworks launched from seven hotels along the iconic strip. but then there was this. some new year es eve events across the country took a darker tone as protesters spoke out against recent killings of unarmed black men. we are live in our new york

newsroom to wrap it all. happy new year. >> happy new year, heather thank you. new year, same protests. it was dubbed a peaceful protest in st. louis missouri but it was anything but. 75 protesters marching against police brutality storming the st. louis metropolitan police headquarters and police using pepper spray and shoving protesters out the door as they tried to rush the entrance. melee led to 25 arrests. police saying they have heard the demands from protesters and protests like these are doing nothing but distracting police from protect the city. meanwhile, in oakland over 100 protesters marching downtown. at least 29 people arrested. when agitators set off fireworks and started throwing bottles and rocks at police. now some protests were peaceful. in boston last night dozens of demonstrators staging a die-in during the city's popular first

night, new year's eve celebration in copley square at the steps of the boston library. in manhattan's union square, downtown from where the ball dropped in times square, about 100 protesters chanted and held a die-in. protesters had planned of crashing the big knew year's celebration in times square but many were blocked from doing some one protester was arrested for spitting at a police officer. another protester young, her son was killed by a nypd officer in 2000. take a listen. >> i want to thank all of you y'all for coming out here tonight. because they thought they were was going to put fear people. tell them now. don't come out for new year's. don't protest. don't rally. >> still police commissioner bill bratton saying last night on fox that he wasn't too worried about the protests. >> there are some protesters out

tonight but you said you weren't worried about that. >> city of eight 1/2 million people. 200 of them. eight 1/2 million others. i will go with the eight 1/2 million. >> bratton reiterating that nypd morale has been shaken following murders of those two officers but he vows that morale will come back. heather? heather: thank you to all of those officers for their hard work last night. people also encouraged to wear blue in support of officers across the country. thank you brian. leland: it was incredible. i was out last night and saw some of these officers before he headed to bed at very early hour of 9:00 p.m. they were so friendly. you know they're being threatened. you know every stay they're living under this threat. a lot of security issues in times square. the most friendly, the most giving most happy people to be out there on new year's eve. new york's finest. heather: put it on the line every single day. leland: new york's finest for a reason. coming up, lawyers for the boston bombing suspect they're trying to get his trial moved out of boston. we'll tell you what the judge ruled on that just days before

jury selection is set to begin. heather: plus if you used a credit card last year for a chik-fil-a -- leland: many times. >> keep an eye on your bottom line.

suffering from the flu is a really big deal. with aches, fever and chills- there's no such thing as a little flu. so why treat it like it's a little cold? there's something that works differently than over-the-counter remedies. attack the flu virus at its source with prescription tamiflu. and call your doctor right away. tamiflu is fda approved to treat the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions, or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures confusion or abnormal behavior.

the most common side effects are mild to moderate nausea and vomiting. ask your doctor about tamiflu and attack the flu virus at its source. heather: jury selection starts monday for the surviving suspect in the boston marathon bombing. it was two years ago this april that two homemade bombs exploded near the finish line killing three people and injuring 260 others. dzhokhar tsarnaev, he was arrested after a days long manhunt that gripped the nation. now the judge denying his lawyer's request to move his trial out of boston. robert bianchi criminal defense attorney and former prosecutor. thank you so much for joining us. happy new year to you. >> happy knew year to you too. heather: not a very good gift to begin the new year for the defense this case because they wanted this case moved. would that have benefited them do you think? >> well, they may have thought

that it would benefit them but i don't see how it is going to. their argument is there is so much publicity in boston their clients wouldn't get a fair trial. there is national publicity. heather: everywhere. >> that will be probably part of what the judge's ruling is here. courts don't want to move cases outside of jurisdiction. they want to use the voir dire process or process of questioning jurors to remove prejudice, bias or taint. can certainly do that in boston. you don't need to move the trial anywhere else. heather: how do you do that? >> certain questions. what questions do you want me to ask, prosecutors, what questions do you want me to ask. it is difficult process. i've done this myself high-profile murder cases. you have a specific form and interview in voir dire each individual juror to insure people won't be prejudiced or biased, even if they heard about the case not based on evidence or the court of public opinion. it can be done. heather: how long do you think it will take in a case like

this. >> i think it will take a significant period of time. i had a case where a priest was murdered. it was national case and that voir dire took months. depend on how the judge handles it and what issues the defense and prosecution want to talk with the jurors b. it will take some time here. heather: what is your perception of the judge so far with his decision on keeping the case there? >> i think he's made a good decision. we don't have the rationale. he said he would give that decision. i was not surprised. i'm surprised defense attorneys try to move to appeal decision at this point in time. you rather have all your motions denied and then at the end of the trial try to argue that should be result in a reversal should there be conviction. to do this now tactically in my opinion is very bad because if a court, appellate court says, no, the venue needs to be changed the defense lost a major argument on appeal. heather: so what's possible benefit could they be seeing in appealing it now? >> i don't think they see a

benefit other than to me maybe delay. heather: delay delay. >> they need time. i just don't know why. as a defense attorney i do homicide work i do defense work. i would never appeal decision of this nature. keep it in my back pocket so there was conviction for my client. have to say to the judge in the appellate decision this decision and other decisions caused overall inability to have proper fair trail. i -- trial. i had a case i tried not county prosecutor but assistant county prosecutor. the appellate judge said the prosecution was wrong allowing to admit certain evidence and because of that they lost a great appellate argument. heather: that was a death penalty case. talk to us about the significance of the death penalty and guilt. >> sure. that's a great question, heather. what happens is in a case of this magnitude the jury will first going to determine whether there's guilt whether in fact

was a murder, whether purposeful and knowing murder. after if they come up with a guilty conviction, of course very powerful evidence in this case they probably will, the jury then goes into the sentencing phase, should it be a life sentence or should it be a death penalty sentence? the reason court split it because the evidence is different in the guilt phase versus the penalty phase. in the penalty phase you will see a lot what has been written in these briefs, they will talk about he was under control of his brother. heather: right. >> he doesn't have the opportunity to really make a decision. that will be a really hard road in this case because you have these guys making these devices it was planned. it was in separate locations. all these facts. and of course he fled afterwards. the jury will assess in penalty phase. this person was not under some svengali control. he was active. heather: knew away to run in the end and drive over his open brother and hide in the boat in somebody's backyard. >> absolutely. heather: we appreciate it. we'll see what happens.

leland, you have update for us on one of the people injured. leland: exactly. incredible story. some good news out of this. one of the survivors of the boston marathon bombing is making great strides. here she is. the 27-year-old rebecca had surgery to amputate other badly injured leg. yesterday she got first chance to walk on a new prosthetic. she endured 17 surgeries since the attack in an attempt to save her leg by doctors. she plans to run the boston marathon this year with a very special message embroidered on her leg. it will read, blessed. inspiring, heather. heather: good for her. that is a great story to begin the new year. leland: for sure. heather: 2014 marked the sixth straight year of gains for the dow jones industrial average. will the good times continue though into 2015? a financial planner joins us with what is ahead and what it could mean for our 401(k). leland? leland: plus hundreds of people trying to make the best of it

after kind of unusual snowstorm left them trapped on roads and highways during new year's eve and it's not where you think it might be happening.

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heather: well if you got your chik-fil-a fix last year, with a credit card you better keep your eye on that statement. a data breach may have hit the chicken sandwich chain. that is according to security journalist. the breach may have lasted through much of 2014. apparently several banks are investigating a rash of credit and debit card fraud tying backhik-fil-a locations in several states. now the restaurant chain says it is working to get the facts. leland: americans are seeing big gains in their 401(k)s as

wall street closes 2014 near record levels. stocks surged for a sixth straight year. that is the longest streak since the 1990s. everyone is asking exactly how long is this bull market going to last? to answer that, peter dunne radio host and author of, your money life. peter, history says repeats itself but often rhymes. are the fundamentals strong enough to continue this run? >> there is a lot going on, leland. experts for years said the sky is going to fall and it hasn't. even if it does in 2015 there is a lot of evidence to support that people's reef typiers aren't going to be ruined. leland, i always felt, unless you refire in the next five years, the market doesn't impact you as much as you think because it will rise again. leland: i want to take a look at some fundamentals existing, especially when it comes to consumers. one of the big things folks are

talking about is obviously the collapse of oil prices but what that has meant is a huge fall in gas prices. we can show you that january 1st, 2014, 3.29 a gallon was the national average. today it is 2.24. some say it is going to go even lower. what does that mean for the larger economy in the sense that so many americans now feel like they basically got a pay raise? there is more money in their pocket. >> there is a lot happening here. the guests that came to my home in new year's eve filled up for a buck 77 yesterday and were thrilled about it. this increases consumer confidence. consumer confidence plays weird tricks. causes us to spend money. strange part it causes us to go into debt. when we feel the best about our financial lives we go and borrow money. so that will have an impact in 2015. but the flip side of that which i don't like, is that a large part of our indexes, our investment indexes are the oil

components. up to about 10%. if you will see some lag in the market early on in the year, it is because of oil companies finally not being able to make the money they're used to making. leland: you speak about the oil companies. you also speak about so often as a consumer, as somebody with money in a 401(k), you hear about these things and it doesn't make any sense why all of sudden they cause massive drops in the market. something happens in russia, in china. you hear about the ruble. you hear investors talking about the asian bond market and these things to explain this. is that actually fundamentally affect the u.s. economy? or are these things investors and traders on wall street are doing it and people back home in oklahoma or wherever don't need to worry about? >> i think they need to be cognizant of it. take october, for instance, geopolitical unrest got a little nutty. this is when oil prices started to fluctuate. look at russia, their stock

market was down 45% last year and greece down 29%. we're always flavored with their struggles. the average person, the stock market has been down nine years since 1970. nine years. each of those instances the market risen to prefall levels within five years. the average person needs to talk themselves out of freaking out when the market decide to freak out. leland: my grand father had a great piece of advice. whatever you do, don't react. he was a very successful investor with that advice. something to heed as well. pretty much what you're saying as well. peter dunne, appreciate your time. happy new year, hopefully it's a good year for all of us. >> to you as well. leland: take care. heather? heather: still to come, crews struggling against wind and rain searching for victims and clues as to what brought down a jetliner off indonesia. we'll talk with a veteran investigator from the ntsb. leland: this is not something people see very often in the land known for palm trees and

sunshine. snow in southern california. that is snow. we'll have your new year's forecast coming up in the fox extreme weather center.

leland: a year-end snowstorm left hundreds of drivers stranded in so you were california. remember, orange county, california, some areas have seen several inches of snowy obviously made some major roads and highways completely impassable. fire officials say crews have now rescued nearly 200 drivers trapped along highway 138 there. meteorologist maria molina is live from the fox extreme weather center. is there any relief in sight for these folks in california? >> thankfully the storm system is moving on out and will impact other parts of our country but you mentioned some of that significant snowfall, several inches. there are localized reports in

higher elevations out there in southern california near the san diego area they got over a foot of snow. so very significant stuff. you can see right there that's the reason why drivers are stranded out there. very tough conditions, whiteout conditions out there and just very heavy snow coming down with this storm system. now it is moving eastward. it will be impacting parts of the rockies. we're looking at so much snow with the system we have very cold temperatures in place already across areas it is moving into. temperatures across the rockies very cold today, in 20s in albuquerque. in the teens in places like denver. far off to the east you're on the cold side. in the plains, 20 for you in kansas city and across the great lakes you're looking at current temperatures into the 20s. you factor in the wind. this is what it feels like out there. zero in denver. in the teens in kansas city and minneapolis. temperatures across the northeast very winter-like

kicking off 2015 on a cold note across the lower 4. another system is swinging into portions of texas and oklahoma. this area in pink is freezing rain. we expect it to stick on to the roadways on to surfaces and also sidewalks. you will look at some slippery conditions out there. that is across oklahoma and also into texas. we have advisories and warnings have been issued and winter storm warnings across portions of the rockies. that is really because of the snow associated with the other wave that brought in the snow across southern california. over next couple of days as we head into the weekend that storm system will continue to head eastward. by saturday, it will be producing a very widespread area of precipitation. areas of heavy rain from parts of pennsylvania, through tennessee, all the way down to parts of the gulf coast. so in the city of new orleans we'll look at areas of rain and thunderstorms come saturday evening and the risks out here across parts of the gulf coast is also for severe weather. so we're looking at that risk

coming up again as we head into saturday and on sunday there will be another chance for more storms out here. isolated chance for some tornadoes. also including portions of mississippi and alabama. wheel keep an eye on the next storm system, leland. this good news is that this is small risk, marginal risk for severe storms across the gulf coast. the big issue is icing across texas and oklahoma right now. over to you. leland: so dangerous for folks heading home on this holiday weekend. thanks a lot maria molina in the fox extreme weather center. heather? heather: thors making their first -- authorities making their first identification of a victim in the air crash of airasia flight 8501. a female passenger returned to her family. the search for bodies and wreckage and the black boxes carries on amid harsh weather conditions. we talked about that. joining me a former investigator

with the national transportation safety board. thanks so much for joining us. >> thanks for having me. >> so first of all talk to me about the significance of finding these black boxes. i understand that singapore specifically their navy has sent a ship that has an ability to and try to track these. >> well it's important for us to recover the data recorders both the voice and flight data recorder. it's going to tell us what happened to this airplane in the last minutes of flight as well as tell us what the pilots were talking about during the entire flight. so it is going to yield just a huge amount of information. all we have to go on right now is with we can pick up out of the sea in any kind of clues that the bodies may have on them. heather: and we're an effort is underway right now to recover those bodies. we still have over 150 people still missing from this flight and the debris thaw mentioned with the weather conditions

increasing in terms of backed, that debris is being spread out. so talk to me about the time effort here. >> well, what's going to happen as far as the tee bree and -- debris and spreading the meteorologists and the investigators are going to try to determine as best they can the direction that the bodies and other debris would flow in the ocean and try to be there to search in that area for it. now the other pieces that are in the airplane is just frustration on the part of the families and the investigators not being able to get their hand on both to recover the bodies and the recorders. heather: yeah but in terms of the family this particular airline has done a better job you say than when you compare it to say malaysia air? with. >> well, if you compare what happened nine months ago or so in malaysia with the first malaysian accident to this one it's night and day and it shows

that the training and the procedures that were put in place by airasia actually worked. they not only had an emergency launch plan that dealt with the families but they provided training for all their people on how to administer it. and i saw reports of family care people being on the scene with families almost from the very, very beginning. so and that's what need to happen. that is what happens here in the united states so it's pretty clear they put a huge amount of effort into the making sure that their program in place was well-known and briefed and all their employees knew how to deal with it. heather: that does need to be the priority right now as we think about all these families and our prayers of course go out to them. and finally indonesia has had some trouble or some issues with regulation authority but not this airline. they have gone above and beyond. >> that's my understanding is indonesia had a number of

accidents. they have a very expanding airline industry and the regulatory authorities have had difficulties keeping up with that expansion but airasia because of the way they're structured and they cross many multiinternational barriers with airlines that they own have risen above all of them and maintained standards that would be very similar to what we have here in western europe and the united states. so on their own they have decided to operate at a higher level. so they are pretty significant carrier and maybe one for others in the area to emulate. heather: we have only about 30 seconds left but give us your expert opinion as far as you can at this point, what do you think happened? >> we don't have any hard data for that. we can all speculate but we just need a little more time before we get there. it could be in the cockpit. i don't believe the airplane was taken apart by the weather but it could have been inappropriate

actions on part of the crew responding to some of that weather but really, really too early to say anything. heather: yeah, you're right definitely. a lot of speculation going on right now. thank you so much for joining us of the we certainly appreciate it. john golia, thank you. >> thank you. leland: a plane made an emergency landing for a baby who just couldn't wait. the delta flight was heading to minneapolis from san francisco when a passenger went into labor. the captain diverted to salt lake city where mom gave birth to a healthy baby boy actually at the hospital. a pediatrician happened to be on board the flight and coached the woman as the plane landed. mother and baby are fine. everyone else got to minneapolis, only about an hour behind schedule. >> north korea's leader, kim jong-un, are using his new year's speech to call for improved relation with the south he says he is open to discussions or even a summit.

will the north keep its new year's resolution or is it just more talk? leland: and jeb bush moving closer to a possible presidential run stepping down from corporate board he served on. what else he's facing as he explores the idea of running. [ narrator ] mama sherman and the legion of super fans. wow! [ narrator ] on a mission to get richard to his campbell's chunky soup. it's new chunky beer-n-cheese with beef and bacon soup. i love it. and mama loves you. ♪ ♪

suffering from the flu is a really big deal. with aches, fever and chills- there's no such thing as a little flu. so why treat it like it's a little cold?

there's something that works differently than over-the-counter remedies. attack the flu virus at its source with prescription tamiflu. and call your doctor right away. tamiflu is fda approved to treat the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions, or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. ask your doctor about tamiflu and attack the flu virus at its source.

heather: welcome back. an earthquake hits off the coast of northern california. the u.s. geological survey says the magnitude 5.3 rattler struck 70 miles north of ferndale at 4:16 a.m. for thenally only mild shaking was felt. no damages or injuries in today's earthquake, 50 miles northwest of a magnitude 6 quake that caused major damage in the napa area. that was back in august. leland: jeb bush is taking another step towards a possible presidential run. the former florida governor

sevennerring some business ties, stepping down from all the board he was serving. this is coming two weeks after he announced he was seriously exploring a run for the white house. here to talk about it, admin good man gop communications expert. and jehmu greene, former president of women's media center and fox news contributor. jehmu, at some point when it is going to become apparent that jeb bush is running not seriously exploring it? you don't resign from corporate board because you're thinking about things. >> happy new year, leland, that point is now. he is running. we fool ourselves by this speculation or just pretending this isn't happening. this is happening and you know if he doesn't get obliterated in the republican primary, he is going to be a formidable candidate. he is certainly taking all of the steps necessary to get ahead of what will be some pretty

serious attacks on his business record and i think unlike mitt romney, he has a lot of trouble with unsuccessful businesses that he is going to have to answer for. so this is why he is out so early. he is out ahead of a field that is probably going to make it extremely difficult for him to come out of the primary but it is the first day of 2015 and so it begins. leland: so it begins indeed, jehmu. i want to bring in adam for this point though in the sense you mentioned if he gets out of the primary. there is a lot of discussion whether jeb bush can make it through a primary with really conservative republican voters. check out this latest sound bite from grover norquist about jeb bush not signing his no tax pledge. >> jeb bush won't put it in writing and he won't say it. i think it at some point you have to ask him what taxes do you plan to raise? why would you not reform spending? those are the questions that

jeb bush will have to answer if he is going to run for president with the position that raising taxes can somehow be a good idea rather than cutting spending. leland: and then also this from "the washington post." bush declines invitation to speak at immigration hard-liners iowa summit. that is a summit by steve king, a congressman from iowa. adam, at some point you put together the no-tax issue the immigration issue common core, things jeb bush are not in line with hard-line republicans who are primary voters. can he come out of the republican primary as a victor? >> oh, very much. jeb bush, first of all is the first two-term governor of florida. to the tax question, he cut $19 billion in taxes, shrunk government. passed one of the most dramatic reforms in education which lifted every school in florida in terms of their performance and still had enough focus and funding to be able to lead the initiative to save the everglades. so i think he has got a heck of

a record. he has a businessman's entrepreneurial background and spirit and perspective. and think it will be everything they can handle. i really believe america's is looking today for someone who can lead and recent poll that showed him up ten points over the field also said they're looking for that kind of character and certainly, if you run for governor of florida successfully twice and florida being many in ways a microcosm of america, i think he will play very well' cross the rest of the country. leland: well he is learn is out there playing on a stage near you, making a lot of speeches and appearances. adam good man, gop communications expert. jehmu green sure appreciate you being here to join us. happy new year to you both. i'm quite certain we'll have a lot to talk about in the coming year. >> you too. leland: heather? heather: still to come the ray rice domestic violence scandal making the list plus other scandals that dominated the national conversation in 2014 and are sure to have an impact

in the new year too. stay with us.

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heather: happy new year to you. on this new year's day we want to take a look back at 2014 and some of the scandals that made headlines. there were a lot of them. here is martha maccallum with that story. >> from washington to hollywood to the world of sports tour fourth was no stranger to these stories. it seemed open season for intruders at the white house. at least three people jumped fence. several caught the secret service off-guard. omar gonzalez made it all the way to the east room before finally being tackled by agents. secret service director julia pierson took a hit as well and stepped down. over at the va secretary

shinseki took the fall as well after his agency was shamed by reports that 40 veterans at phoenix va died while waiting for care. almost 100 va facilities are now under investigation. the strange story of army sergeant bowe bergdahl gripped the nation as he was turned over in exchange for five gitmo detainees. some in congress were outraged because they were not consulted. earlier report caught him a deserter and that is being investigated. he is now on desk duty. >> stupidity of the american voter. >> jonathan gruber, the architect of obamacare cereally accused americans being too dumb to understand that obamacare would cost them more. we caught up with the professor and he was done talking for the moment. >> i have no comment. don't bring back people and don't come. >> foul for donald sterling the former l.a. clippers owner. heard making racist remarks to

his girlfriend, v stiff auno. the nba banned him for life and fined him $2 million. microsoft founder steve balmer bought the team. ray rice, former nfl star got one-two punch after devastating videos of him hitting his fiance and knocking her out in the elevator. once "tmz" aired the second and awful video the it was overturned. suspension lifted, rice is now hoping to get back in the game. adrian peterson took a plea deal after pictures of his four-year-old son beaten legs appeared online. the minnesota vikings suspended peterson for the rest of the season. on broadway, troubled actor shia labeouf was busted for drunken behavior that was no act. he was kicked out of the audience into the slammer for the night.

tlc canceled "here comes honey boo-boo" after reports surfaced that matriarch mama june shannon started dating a convicted child molester. it was no laughing matter or actor and comedian bill cosmos by he is keeping quiet after more an that dozen women claims he assaulted them at different times throughout his career. networks canceled his projects and cosby has not been criminally charged. the year had share of scandals. what will 2015 bring. we'll see what the future holds. i'm martha maccallum, fox news. leland: never a shortage of scandals each day. heather: no. they spread so quickly in the day of social media. leland: very fast. this will probably spread pretty quickly as well in the world of social media shall we? lined up. heather: look at this. leland: since we both missed flue years preparing for show, we decided to celebrate with you guys for a minute. happy new year to you. we appreciate you joining us. i will read this tease. i will take off the glasses.

see times square where things are cleaned up now. heather: yes. leland: but it was a heck of a party last night. 2:00 in the morning when you came to work they were still going on. heather: which was different from last year. they cleaned it up last year right away. leland: they did. i will take off the hat. heather: i'm not. leland: fox news exclusive coming up. as an american recruited to fight isis shares his incredible story. some reporting you do not want to miss from how he was first contacted to what happened when he got overseas. heather: that is an amazing report from catherine herridge. also the fallout from the president's executive action on immigration. how it is already affecting federal workers. live with that story. (horn, ding, ding) how long have i had my car insurance?

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>> somber start to the new year for families of the 162 victims of air asia flight 8501. the first victim has been identified and has also been returned to her family. welcome to a brand new hour. nice to be with you heather. >> nice to be with you. officials identifying the woman through fingerprints also using her personal belongings. search teams battle high winds and rough seas for the remaining victims. and those all important black boxes. will carr is live in the west press news room with the latest. are searchers any closer to finding the bulk of the

wreckage? >> they believe they know where the plane is on the bottom of the java sea. it's not very deep there. it's about 100 to 150 160 feet down. the problem is, it's monsoon season there right now and bad weather has once again halted the search process overnight. now, search leaders say at this point, it is a race against weather and time. dozens of divers are waiting for the storms to die down so they can try to confirm that the wreckage is on the sea bed where they believe it's located and then they can find the plane's black boxes. >> what's so important besides getting the data or the parameters of what was happening to the airplane is going to be the cockpit voice recorder so we know exactly the commands of the pilots speaking to each other, what was going on with their thought process and that's going to shed so much light on this tragedy. >> experts believe the fuselage the main body of the airplane, may still be intact. if that's the case a majority of passengers could still be inside strapped into the seat

belts. at the same time reuters is reporting that radar data shows that the plane made an unbelievable steep climb before it asked to fly to a higher altitude because of bad weather in the area. experts believe that the plane may have stalled but heather we'll have to wait to get the black boxes to get some again active answers. >> and of course our prayers go out to all of those families affected. how many victims have been located so far? >> absolutely. nine bodies have been recovered so far. they've brought in d.n.a. experts to try to identify these passengers. comes at the same time the first victim has been identified. she's a 49-year-old woman. her body was handed to her family in a dark casket topped with flowers and then laid to rest. the other eight bodies have been flown to a local hospital where relatives have gathered to try to make i.d.'s and while many people were ringing in the new year a vigil was held in

jakarta, many hoping praying for some kind of good news or at the least for some answers which they may not get for the next couple of days because of the bad weather. >> all right. will carr reporting live for us. thank you, will. >> and for more on all of this and what search crews are facing, let's bring in michael, former new york city medical examiner, fox news contributor and you also worked on the t.w.a. flight 800 investigation, taught forensic pathology in singapore. take us through how important it is to recover the bodies in a timely fashion. we're just now a few days past when this crash happened. the water there is very warm. how much do you lose every day that goes by? >> yeah. two searchs going on right now. one, the long range search is for the black box and the voice recorder and putting together what happened. but more immediate is the families. every day that passes, that the families don't see their loved one and don't identify their loved one creates lots of pain

and lots of potential problems in the media and off the airline. while the remains are still being discovered as was said the t.w.a. 800 off long island the same depth of the water, about 120 feet there were 230 bodies that people on the airplane of which 100 floated up immediately because the fuselage was separated and the fact that there are nine bodies that have come up means that the fuselage -- >> something broke apart. >> and the flight 800, 100 bodies exactly came up floated up and 130 were strapped in their seat belts in the fuselage. >> that takes longer to recover. >> that depth scuba divers can go right down and remove the bodies, you see. they don't need all the fancy equipment that was used in the malaysia flight and they'll be

going down there and removing bodies. the question, the longer the bodies stay there, the more deteriorated they become from the salt from decomposition and from the animal activity in the area. >> fish and what kind of thing. one of the key questions has been trying to examine what exactly happened with the pilots. we'll have the black boxes. one thing they'll want to do is an autopsy on the pilots. how long do they have to recover those bodies before at some point they're not going to learn much from an autopsy? >> you're right. the sooner the better. one of the things that's happened occasionally in these kind of crashes is that the pilot had a heart attack for example, had preexisting disease that caused him to lose control of the plane so that the pilots of the first people the autopsy will be done upon as soon as they're found to see if there's any medical reason or

toxicological reason, drugs and all of that to make sure there was no impairment on the pilots. there's no evidence of that but that has to be established and the sooner that the pilots are removed, the better but the sooner everybody -- and a case like this, the bodies in many areas like new york city, everybody in my day was autopsied. how do you know there wasn't an explosion and the bodies contained some of the explosive device that -- the snap -- shrapnel and all? >> is that why we have seen them give bodies back to the families? they don't view it as material evidence? >> after external examination they release the body and that makes the other families feel better that work is being done and the more bodies released the other families know that they're working on them. they've got to make sure they don't make a mistake. the bodies going over to the

hospital are going to be identified by direct visualization and you can make a mistake in a body as it deteriorated and the direct visuals and that can become a problem also. >> oftentimes you have to do d.n.a. testing. we appreciate your time. thank you for coming and your insights as well. heather? >> listen up. military veteran shedding new light on the battle against isis. he's speaking to fox news about how he travelled to syria to fight alongside kurdish forces just weeks after getting recruited online. chief intelligence correspondent has that story for us live from washington. good morning, katherine. >> thank you. in a rare interview, this u.s. military vet who has multiple tours in iraq told fox news about the recruitment pipeline to fight against isis in syria on the condition we protect his identity. out of frustration with the obama campaign against isis and

the brazen execution of american journalists, the vet who we'll call john decided to get permanently involved and travelling from the heartland to iraq was simpler than he expected. >> -- protect my interests, they got back to me told me to send them essentially a resume for their vetting purposes. i bought a ticket. it was that easy. it was like booking a flight to miami beach. >> on the front lines against isis, john says the kurds were so poorly equipped he had to stuff his vest with a bible because there was no armor. his story is a cautionary tale for others. >> went over there, probably file bankruptcy next month i believe. that's very good possibility and the amount of trouble i could be

in is still up in the air. >> john says he wasn't the only westerner who was among the recruits. he said he also met australians, canadians, brits and other americans, many had no battlefield experience. they had never even handled a weapon but they were recruited just the same. >> this raises a lot of concerns and questions. what does the law say about all of this? >> well based on the estimates, 1,000 foreign fighters join the group every month with a growing number of american citizens against them. while the state department discourages americans from helping directly at the same time the u.s. military is backing the kurdish operations against isis. >> they are considered our allies and i think in a lot of ways, we are enabling them when you look at the strikes that have been going in in kobani and other places. i'm pretty comfortable we are supporting them right now. >> it's clearly kind of a

confused policy, if you will on our support for the kurds. after isis put a bounty on john's head, he said he knew it was simply time to come home but even when he made that decision he found it very hard to extract himself from these fighters that he had allied himself with simply by going online. >> not as easy as getting there in the first place. thank you. >> hard to get out. >> thank you so much. we appreciate it. happy new year by the way. >> you, too. >> well we're learning the leader of north korea is offering a new year's day olive branch to south korea of all people. he's willing to hold more talks or summit with his south korean counterpart. government in seoul giving a thumbs up to the outreach. both countries have a lot to discussion including north korea's nuclear program. there's allegations they were involved in a hacking attack against sony pictures. >> speaking of that has big

brother found another way to get into your cell phone? congress looking for some answers on what could be a new form of government spying. >> plus a police chopper crashes in the middle of a neighborhood. there's the chopper. we're going to have the details about what exactly happened and who they were looking for coming up. >> and another big corporation suffering a possible hack attack after a year filled with major breaches. are we timefinally going to get some security in 2015? ught "wow, how is there no way to tell the good from the bad?" so we gave people the power of the review. and now angie's list is revolutionizing local service again. you can easily buy and schedule services from top-rated providers. conveniently stay up to date on progress. and effortlessly turn your photos into finished projects with our angie's list app.

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>> two police pilots are recovering from injuries after their helicopter crashed in downtown las vegas. you can see the chopper right there. it is intact surrounded by parked cars in a neighborhood. no one got hurt when the chopper came down there. the sheriff says both officers

should be fine. officials are investigating the crash and they say the chopper went down just about seven minutes after taking off. it was trying to help search for a stabbing suspect. >> thank you. chick-fil-a is reportedly looking into a possible cyber attack that may have resulted in customer data being stolen. if confirmed, it would cap off a year full of online security breaches from home depot to j.p. morgan to sony of course begging the question will 2015 be any better? let's bring in our c.e.o. of quantum networks. do you think we've learned anything from what's happened? >> absolutely not. i don't think we've even scratched the surface in terms of cyber security protection. yeah. this is just the beginning. we're going to be seeing a lot more of this. >> why are we seeing more? do we not know how to handle it or are we complacent? >> very, very complacent.

we don't even change our passwords anymore. it's like you leave your house, would you leave your door open? it's very, very similar and we're just not there yet. >> what about from the individual to corporations? how potentially can this affect the economy overall? this is serious. >> this is very serious and again, we're just scratching the surface right now. companies are not investing enough in security and we need to move from a creative to proactive approach in terms of protecting ourselves. we don't seem to learn our lesson. >> when you say we need to move to proactive versus reactive what's the first thing you think we need to do? >> capital. more money and must be parked into security and the budgets are not being allocated there and i don't understand why. >> you know one of the things that -- for lack of a better word it freaks me out is the cloud. you know what is the cloud? where is the cloud? what do we need to do about that threat specifically? >> the cloud has been there for

awhile. i think people have to move from the word cloud because i think it does it freaks people out and it shouldn't. but the proper layers that are applied to the cloud makes it very safe. i think we are going to be hearing the term more cloud but i think there's going to be more security elements laying around. >> are there other terms we're going to be hearing in 2015 that we haven't heard so far? >> i think you're going to be hearing about big data, you're going to hear -- big data is always big. it's been a very very hot topic for awhile. we'll hear a lot about retrieval as well and more on the creation but how do you not only actually archive but how do you mind the content? that's going to be critical. >> the latest -- one of the latest stories in the news is this sony hack. and who did or did not implement that and they're now threatening a news organization in the united states as well. >> right. but it's almost secondary meaning like this is happening over and over again and i think 2015 and again, not to -- you

know, not to freak people out but we haven't even scratched the surface and i think companies need to start becoming a lot more proactive and anticipating that yes, there will be hacks and that's going to happen inevitably but how do we hedge our bets? >> what about espionage and signer warfare? >> it's there. i think we'll be seeing more in 2016, 2017. see, the amazing thing is the barrier today to break into computers is so low somebody that has a computer system and that's relatively intelligent that has proper bandwidth could get into your emails pretty pretty quickly and pretty effectively without you even knowing it. >> what did you call the whole area of internet? the deep internet? >> it's the underground or dark internet. it's cryptic, they unknown. we'll be hearing more about that. >> i was working a story on that and was told to stay way from there. don't go in those chat areas. >> don't touch it. yeah. but also watching a lot of -- i

just come back from israel. a lot of technology that is coming out of the middle east is absolutely -- it's phenomenal. i think it's going to be a big hot bed of technology that i think we'll be bringing to the u.s. that will be very exciting. >> we'll pay attention to that. thank you so much and happy new year. >> you as well. >> and now back to politics where pricy ripple effects continue to grow from president obama's executive actions on immigration. what the feds are already doing to brace for the dramatic influx of undocumented workers. >> and just because the ball dropped last night doesn't mean gas prices will -- what? more bad news for 2015. really? why prices at the pump could start to tick back up this year.

>> you might not get much of a raise at work but for many people, lower gas prices are acting as a substitute for a bigger pay check. take a look at the difference one year makes. today the average price per gallon of gas, $2.24. last year new year's day it was $3.29 but the question comes, should you be preparing for a rainy day when gas prices starting to up again? joining us now, steve moore, chief economist for the heritage foundation. so new year 2015, a lot of folks would say that the economy is exploding and traditionally as the economy gets better gas prices, oil prices go up. we saw the past four or five months the economy was doing well, impass prices oil prices went down. where is this going to continue? >> can you help smiling when you go to the gas pump these days? i'm paying $2 or so or $2.50 a gallon when you're right it's a

dollar cheaper than last year. that's really something to celebrate as we start 2015. i think that these prices are going to remain pretty stable in this kind of $2 to $2.50 a gallon range which is good news for the american consumer. every time the gasoline price falls, it's a big stimulus to the american economy. it puts more money into the pockets of the american consumers and also you know businesses that are producing things. so that's a good news story and look. i'm confident about 2015 and one last thing the reason this is happening, we have to hammer home this point. the reason these oil and gas prices are falling is because the oil and gas revolution in america that is totally changed the international markets for oil and gas. >> and that's where i wanted to go with this next question in the sense that oil and gas now, as the prices fall per barrel of oil, the bottom is falling out. there's a lot of companies that

were making a lot of money. that's not happening anymore. states like north dakota that has these big, huge boom times because of fracking and oil, not so much any more. do you risk all of a sudden having things get significantly worse? >> well, a couple of points about that. there's no question for the rest of it -- look. some states are not going to be affected by lower oil prices. for everybody else it's a huge wind fall for the economy. and it's going to help our manufacturing sector our transportation sector high tech sector. remember, energy is an input into everything we produce and the big losers here when you talk about lower oil prices, our enemies abroad. opec, isis we know the terrorists are funded by petro dollars so it's a good news story. i talked to a lot of people doing the fracking and the drilling they think they can continue to make money even as the oil prices continue to fall and i think they're going to

probably stabilize about where they are right now. it's hard to put a negative on this story. by the way don't forget the other thing we've got going on in this economy right now is very low inflation because of the falling gasoline prices and interest rates. can you believe this? you can get a 30-year mortgage now at a 4% interest rate. >> let the good times roll. good news steve moore. good news steve here. really quickly, though you mentioned opec and you mentioned russia those kinds of things. as the good times are rolling, folks are spending extra money in their pocket because of low gas prices. all of a sudden opec clamps down on production which it is their prerogative to do. has fraking and shale and all of these things changed the dynamics enough in the oil market there's no longer that cartel strangle hold? >> absolutely. you're 100% right in that. opec is no longer able to dictate what the world price of oil is going to be because guess what could note in the world today is the largest producer of oil and gas?

the united states of america. and this is a very positive trend for -- by the way, i want to make another point before i forget. just earlier this week the president announced all of these new regulations on the oil and gas industry which could actually end this good story. why in the world would you want to put a gun to the head of the one industry the last five years has been really carrying the economy on its shoulder snz it's just dumb. >> i wonder how you feel about the regulations. >> good news steve moore. we'll leave it there. happy new year to you, sir. thanks for bringing everybody a little cheer. >> you too. don't forget to smile when you go to the gas pump this week. >> just because you said it. heather? >> still to come, the regime sticking with the play book against the political opponents in cuba. what does latest catch and release mean for president

obama's moves to recommit ties with the communist nation? >> a shockingly different look for folks in one part of the country. this wouldn't look odd in north dakota or michigan but they're used to sunshine and palm trees. no sand. no. got to sled on snow.

>> u.s. condemning cuba's government for arresting several dissidents to block a planned protest. later they released them. the detentions were a classic communist move coming two weeks after president obama announced plans to normalize diplomatic relations with cuba and loosen trade and travel restrictions of the joining us now, the director of the margaret thatcher center for freedom. thank you for joining us and happy new year to you as we begin our discussion. what do you make of this catch

and release move by cuba? why do you think they did this? >> well it does demonstrate clearly the complete bankruptcy for president obama's olive branch to the cuban regime. let's not forget that we're dealing with a brutal communist dictatorship that has no intention whatsoever of implementing the kinds of political reforms the united states has been asking for. and the political dissidents sends a very, very clear signal to washington that the cuban dictatorship has absolutely no intention whatsoever of releasing political prisoners. they released 53 political prisoners. there was no sign of that happening. they haven't seen named political prisoners so i don't see any real prospect of change from this cuban regime and yet again, i think the obama administration has fallen flat

on its face launching the barbaric regime. >> why do you think the obama administration made this move if there's no intention of follow-through on behalf of cuba? what do you think the administration was hoping to accomplish? >> well, i do think you're dealing here with an administration that is incredibly naive, that has a policy of basically appeasing almost every single dictatorship on the face of the earth while kicking key u.s. allies like israel, for example, and once again, i think you have an extraordinarily weak kneed policy met by an american enemy here with clear disdain and once again, i think that president obama's foreign policy is falling to pieces. you cannot appease the likes of

castro and his dictatorship. there's a reason why congress strengthened sanctions against cuba back in 1996 and it's vitally important we maintain the political and ethnic pressure on this regime to bring about the kinds of changes we need to see in cuba if we want to see the rise of liberty inside cuba itself. we cannot have a policy of appeasement coming from the obama administration which sends all the wrong signals. >> this isn't just about cuba and the united states. when you mention sending the wrong signals, this has a direct effect on the overall foreign policy because there are other countries paying very close attention to what we're doing here. >> absolutely. i think the iranian regime is looking very very closely at the obama administration's approach towards cuba and even now talk of the white house looking at normalizing relations with iran. this is an extremely dangerous signal and so far i think

you've seen a policy of tremendous weakness coming from the white house that has only emboldened american enemies from tehran to north korea to russia and of course to cuba as well. so america's enemies really i think, are laughing at america's foreign policy and you have a president in office who doesn't have a clear cut foreign policy strategy for involving american interest. >> obama administration denying those claims that you were discussing with iran. thank you so much for joining us. we certainly appreciate your insight. a lot of people at home paying attention to what you were saying. >> my pleasure. thank you very much. >> as president obama vacations in hawaii the costly repercussions of the executive actions on immigration have already begun. government agencies are expanding their work forces to help deal with a massive influx of undocumented immigrants and you're paying for it. dan springer is live in honolulu

so dan, how does this work in terms of needing more government workers because of immigration's executive action? >> as you know the constitution set it up where congress spends the people's money but often the executive actions done by presidents come with a price tag and certainly this executive order on immigration by president obama is no exception and it's going to grow the size of government. not only will four to five million illegal immigrants get to stay in the country without fear of deportation but taxpayers will have to fund the hiring of 1,000 new employees to work in the citizenship and immigration services agency. well there needed to process all the new applications for green cards. they'll be housed in the new operational center in virginia at a cost of $8 million a year and salaries will cost $40 million a year. it will grow government above 7.65 million. that's all the contract employees and two million of those employees are just in the executive branch. >> it kind of feels like here we

go again. we've seen it before. new government programs equals more government jobs more spending. >> yeah. it's really bipartisan. all presidents come in saying, look. i can do it better. i can streamline government and i can do a better job than the guy before me but the reality is that every time we have an executive order, we see the price of government going up. we saw it especially after 9/11. president bam created the department of homeland security and with it the transportation security administration. the federal contract work force grew by $2.5 million almost overnight. the head of personnel management and under president bush said what's important is being as efficient as possible. >> i'm not sure that there is the will there to exercise the restraint that's necessary. i think that the best government that we can have is an efficient government and the most efficient government we can have is one that has the fewest

number of people required to get the job done. >> republicans have said they want to do away with this immigration order by president obama and the way they might be able to do that is they control the purse strings. they can block the funding for it. but already we're seeing that those 1,000 employees are getting hired it's tough to undo something once these folks have been hired and moved into that office building in virginia. >> i'm still hung up trying to figure out about an efficient government. haven't seen that happen yet. dan springer live in honolulu as the sun comes up there. thanks. >> looksthere. well, a new year if you haven't heard. 2015 and that means new laws affecting you. first how the feds may be capturing information from your most private conversations on your cell phones as they track down criminals. elf for so long that i needed to quit smoking. i would quit then i'd go right back to it. chantix absolutely helped me quit smoking. along with support, chantix (varenicline)

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>> lawmakers from both sides of the aisle are looking into a new form of government snooping. the feds are reportedly using fake cell phone towers to collect information on criminal suspects. but these simulators may also be picking up private cell phone information so what are the constitutional implications here? let's bring in our panel. start with you jay. in this sense, it makes perfect sense that if you're a criminal or a fugitive and the police want to figure out where your cell phone is they have a fake tower that picks up everything and does that but when you start picking up the information of hundreds, if not thousands of other cell phones in the area that seems to be troubling at least. >> you know, i successfully defended a murder case in october where the key issue was cell phone tower triangulation technology and the sting rays. they are these imitation cell phone towers the government uses to track people in real time. what we found out was

fascinating in terms of the government's ability to not just collect data about the accused that i was representing but other people who were even near that cell phone tower. they're using it to get the historical data based on where anyone is located at any given time. they can get text messages phone calls and they're doing a lot without a warrant. they're doing it because the government is so closely tied to the cell phone carriers, sometimes they're just sending them a letter or a subpoena and it's fascinating how much they expanded their ability and power to govern and look at regular citizens like you and i and what cell phone data usage we're using in terms of where we're located, who we talk to what our text messages are and it's very disturbing. >> i want to let richard jump in here in the sense that a lot of folks say that if you don't have anything to hide what do you care if the government knows where you are, but in some level it's fundamentally bothersome that you can walk down the street and by virtue of the fact you're there the government is

then snooping on your location and your text messages and everything else. >> it is bothersome. the conflict is between the fourth amendment and the reasonable expectation of privacy and the government's ability to track down fugitives, criminals, terrorists anyone who is a public harm. that's the conflict. and what's happened in today's day and age in light of the technological advances and the drones and the fact there's a camera on every street corner your reasonable expectation of privacy has been reduced. it's 2015. we're in a very different world than 10 years ago. when i walk out the door there will be cameras looking at me people that can hear my cell phone so do i have under the fourth amendment, a reasonable expectation of privacy if i walk around in private? that's really the issue here. some would argue that that reasonable expectation has been shrinking and shrinking and shrinking. if i'm on the phone and if i'm in the public some would argue that i should know that anything i say or do can be heard and/or seen. >> jay argued this case though. take us through a little more in

terms of how this argument worked out in this murder case. >> so we actually had a client who was being accused of a murder and the government used his cell phone to track him to various locations alleging that he was involved in the murder. we were able to acquit him of that. just because you have a cell phone with you doesn't mean you're committing a crime. what the government is doing is not only are they looking at the accused, the person they suspect but they're looking at other people as well because then they're taking the phone calls off that target cell phone and they're looking at the data from other callers that they send or receive calls to and they're doing it often without warrant. this year, the u.s. supreme court decided riley versus california was a ground breaking u.s. supreme court case that said the government can no longer, if they have your physical cell phone look inside the cell phone without a warrant. however, the court really needs

to expand that decision. the reasonable expectation of privacy has diminished but we should fight back against it. we need to expand what our privacy rights are and the supreme court should expand riley versus california to include not only cell phone tower data but the sting ray technology so the government isn't tracking people in real time without their knowledge and without their consent. >> it's incredible now to try to apply a document written in the 1700s to modern day technology. the challenges are vast and that's why we have folks like you guys to break it down for us. richard, e.j. sure appreciate you being here. fascinating debate. happy new year. heather? >> speaking of the new year it is ringing a blizzard of new laws and regulations across the country from serious well to just plain silly. doug is live for us in washington with some of the highlights for us. so doug, let's start with some of the new state laws. new york and california, they seem to be especially fond of

regulating more and more facets of every day life. >> that's right. take for example new york's new law against tiger selfies. what is a tiger selfie? it's a picture of yourself with a tiger or a lion or a leopard or some other big cat. tiger selfies are apparently becoming popular, especially among young men on dating sites. turning to california now, 930 new laws on the books in california this year starting today, all egg laying hens raised in california must be able to sandtand up, lie down turn around or fully extend their wings. obviously animal rights activists there. also in california, all employees are being given recovery periods or cooldown periodd to prevent heat illness. they're to be paid breaks. no more gasoline leaf blowers in california. restaurants in california will now have the option of permitting dogs at outdoor

patios. and also in california, any university receiving state financial aid must now adopt a sexual assault policy of affirmative consent. that's also known as the yes means yes law. and as of today, 1.4 million undocumented californians will be eligible to apply for driver's licenses and that's just one out of 50 states. >> so how about the regulations at the federal level? >> president obama signed 75000 pages worth of new federal regulations just this year alone. and no industry has faced more regulation than the energy sector. >> here is why we should care because it's costing americans jobs and it's providing economic opportunity. let's look at the energy industry. we've seen a 50% increase in the domestic oil supply of this country since 2008 but it's not happening because of president obama. it's happening in spite of him. >> supporters of the regulations say the proliferation of fracking and new energy capture kek nothing proves that the industry is doing just fine even

under heavy regulation. >> you know we have to get back to this. the tiger selfie just to be clear, has nothing to do with golf. >> with golf? tiger woods' selfie? >> get it? >> doug has way too -- >> you're right. nothing to do with tiger woods that i know of. i have no idea whether he's taken a tiger selfie of the other variety. we should look into that. >> i'm not saying that tiger is on tinder although he might be. >> i'm going to save both of you guys from each other. did ringing in the new year as it could perhaps be done perhaps even with -- i dropped my glasses. with glasses like this or a hat like this leave a ringing in your head? we've got expert medical advice on getting rid of that nasty hangover.

>> well, all that partying last night to usher in the new year may be coming with a price tag today for some of you. for many new year's day means a nasty hangover. so what is the best way to clear that throbbing headache and get back on your feet? a private practice physician joins us with some solutions and some answers but first of all explain to us why our body experiences a hangover to begin with. >> it's important to understand that our body sees alcohol as a poison and tries to get rid of it. and alcohol is mostly ethanol but there's also something called methanol in it and when our body breaks that down it creates formaldehyde. that's what we use to preserve dead bodies. >> that does not sound good. >> it's a nail varnish and it was used as a disinfect ant so

you can imagine the havoc is wreaks in our body. >> what can we do the next morning? what's the number one thing we can do if we have you know been overserved the night before? >> if you want to avoid a hangover, don't drink whatsoever but if we're already there, some people like to think that drinking coffee can help. no, it doesn't necessarily of the in fact, it can cause our blood vessels to constrict which can worsen a headache. it can headache a bad headache into a terrible one. for people that drink coffee regularly, you can have a caffeine withdrawal so if you drink it regularly, have a small amount. >> what about water? >> very important. >> the night before and water the next day? >> throughout the night. if we have a hangover, we do it. remember, the body considers it a poison. we might vomit it out, we might urinate it out so we become dehydrated. >> what about food? people talk about greasy foods maybe helping? i've heard pickled green eggs and ham, all of that kind of

stuff. >> it does not necessarily work. there's no way that grease soaks up the alcohol. it might give you heartburn. what is important is our body does use calories and needs nutrition so we need something light, sensible that has vitamins and nutrients, something healthy. >> something light so not necessarily a double cheeseburgers and fries. >> you might just get heartburn. >> then finally, some people experience hangovers worse than others and is there a scientific reason behind that? >> there's some thought behind this and what they think is that people who are alcoholics seem to have worse hangovers which then leads them to want to alleviate the symptoms more. and they have a term called hair of the dog where you drink more alcohol after you alleviate the symptoms because it's worse. you want relief in some form or fashion but experts state that's the wrong thing to do. you want to sleep, you want to hydrate yourself eat sensibly. you do not want to have another drink to solve the problem. it's a catch 22 in the cycle to continue. >> i also like what you said which is just don't overserve

yourself to begin with or just don't drink at all. thank you so much. happy new year. >> happy new year to you, too. >> all right. there was a winter storm that brought in some rare snow to southern california. here's what it looked like near los angeles. crews had to rescue nearly 200 stranded drivers and more than a foot of snow fell in some parts of arizona. i thought it was supposed to be warm there. many people on new year's eve were warned they'd better off stay home. chief meteorologist is live in the fox extreme weather center with where this storm is now. >> yeah. northern arizona, high elevation mountains get a lot of snow. when you have that 18 right now in flagstaff where the airport saw almost 17 inches of snow. incredible. they get 35 degrees right now. 41 in phoenix. 15 in san diego. mostly gone from there. it's pulling off towards the east. the very end of the snow winding up across parts of arizona and then we kind of turned our attention to areas of texas

where we're continuing to watch the storm across that area. one other spot where we're seeing snow today across parts of the great lakes, cold air in place and we'll watch the snow move across the great lakes. some of that is going to be very heavy by the time it's done maybe up to one on two feet. >> all right. rick is there live. we'll see how things develop over the next couple of days with all the storms for airport delays and those kinds of things. appreciate it. heather is back here and i take it you just went to sleep for new year's day. right? >> i did. >> but we can celebrate now. >> we'll just celebrate after. >> here we go. party is starting. fox news report a life that matters comes up next.

♪ >> live from america's news headquarters. there is heart ache and tears for the start of the new year. the first victim was identified and returned to her family. officials confirm the passenger's identity with fingerprint ands personal belongings. the recovery operation may be rough going. rough seas is hampering the diving crows. protest taking a violent turn in st. louis,