having a happy new year weekend. >> what a way to start it out the right way. >> you were saying? >> bill and martha are back on monday. we are out of here. "happening now" now starts now. the search continues in and under the surface of the java sea. 30 victims recovered after the crash of airasia flight 8501 some strapped in their seat still. they are looking for the black boxes to find out what caused the plane to fall from the sky. >> indonesian officials say five of the bodies were in their seats. they hope they will find the rest of the 162 passengers.

>> greg is live in new york with the latest. >> reporter: it is being called the most productive day for the search of airasia flight 8501. searching for this and answers if the crash. 21 bodies were pulled from the seea on friday. the navy sampson played a key role today locating at least 12 bodies today. they are going back to the city where the doomed plane took off before hitting bad weather and plunging into the sea. four bodies have been identified one buried already but 132 are missing. and it is believed many of them are at the bottom of the java sea floor. >> until they find the piece

with the black boxes they will not know what caused the crash, right? >> absolutely. they are finding more bits of the plane itself. but that is mostly on the surface along with a personal items they came up with part of a broken away fuse lodge and a part of a tail fin and they know roughly where the plane is on the floor of the sea. and high tech sonar gear coming from france has been in action starting today. there is another u.s. ship coming to the area and the u.s. promised these assets as well. they have to get the cockpit voice and flight data recorder to come up with clear answer. not just to answer this mystery but to make sure other air travel is safe.

as you have been reporting all this week focus is coming into the bad weather as a reason but also how the pilot handled that bad weather and what alignment he took the plane on. before the black boxes arrive the real certain answers won't am. >> and the bulk of the plane is yet to be located. today, california becomes the tenth state to allow imimmigrants in the country illegally to get driver's license. they say it will make the road safer with required insurance and exams. but not everyone is convinced. will car is live from the west coast bureau. what are you hearing? >> reporter: the state is estimating a million and a half people are in california illegally and are now eligible

to get a drivers license. one location had more than 500 people lined up. the handle the rush the dmv has been forced to hire a thousand new employees. they have to provide identification and they may have to be interviewed by the dmv. to pass the test they could take it in spanish or another language and they will be required to get insurance, which some legislatures and immigrants say will make the road safer. >> it would make my life easier. i will drive safely through the streets with proper training i would be able to pick up my wife from work without worried about getting pulled over. >> reporter: opponents of the law are not as widespread as we have seen in other states. there are certainly people on both sides of the issue. >> government can make money by

making them ad hphere to our rules and laws. it should be done. >> it concerns be because it looks like another layer of issues with the dmv. they will have to put in more people or locations because there is a lot of undocumented people. >> reporter: opponents across the country against this pointing to fraud and human trafficking where rings smuggle immigrants into the states where they provide licenses. they say test least it awards bad behavior. there is new video surfacing online showing two italian women held by terrorist in syria. as authorities work to confirm it there is growing concern

another terrible hostage drama is playing out. jennifer griffin is life at the pentagon. tell us about the video. >> reporter: two senior united states defense officials deny reports of a u.s.-led raid attempting to free the downed jordan commander. 20 vehicles were destroyed in the last 24 hours and in syria, concern over a 24 second video posted on new year's eve showing two volunteers in their 20's kid napped in syria and believed to be held by an al-qaeda group. the aid workers looked thin pail and dressed in black clothing. the italian government is working to get their release.

they were snatched while protesting. and u.s. war planes targeted a meeting of sen isis leaders. no word on confirmed deaths. the latest video shows airstrikes from december 29th in and around iraq and reports are indicating united states troops are finding themselves closer to combat. next door in syria, u.s. war planes carried out 12 striked today and 17 on new year's eve and 13 on the turkish border where a saudi arabia professor was killed by an airstrike reportedly. he was a profester at king college in saudi arabia and served as a recruiter for isis. and last year was shown to be the deadlist year in iraq with

12 782 civilians killed. an icon of new york and democratic politics has died. the former governor of new york died at 82 of heart failure on new year's day just hours after his son took the oath of office for the second term as new york's governor. we look back at his life. >> reporter: son of a grocer and first generation american who was a three-term governor of america, considered for the supreme court, and courted for the presidency. he earned a lot of grief before getting his career started. he served 12 years during challenging times in the '80s and early '90s. a father of five he captured

america's attention at the 1984 democratic convention. >> in many ways we are a shining city on a hill. but the high truth is not everyone is sharing in this city's splendor and glory. we democrats must unite so the entire nation can unite. >> reporter: just hour before andrew's death his son was sworn into the office his father proudly held. >> he could not be here physically today but my father is in this room. he is in the heart and mind of every person who is here. he is here. >> reporter: president obama praising him releasing a statement saying he was chief of executive of the state he loved. a champion of progressive values and a voice that spoke out for

fairness, dignity and hospitality. his daughter thinks he wait until andrew's swearing in to say his final good bye. >> he will be missed. thank you, rick. why crews are having trouble battling this massive fire. and congress reconvenes next week with a republican controlled house and senate. what is on the agenda and will the president pull out his veto pen? that discussion is next. how do you know? duh. try credit karma. it's free and you can see what your score is right now . i just got my free credit score! credit karma. really free.

right now wild fires burning out of control down under. triple digit temperatures are fueling the flames in australia. crews working around the clock to put out the fires and warning people to get out of their homes. so far no reports of deaths or injuries or major property damage. senator harry reid suffering from broken bones in his face after a fall at home. the office released a statement saying a piece of exercise equipment that he was using broke and caused him to fall. he received treatment at the facility in las vegas and doctors expect him to make a full recovery. he is heading back to washington

to be on hand whether the senate meets again. senator harry reid will be the minority leader. new year new congress and president obama has to go up against a republican-controlled house and senate for the first time. first up on the docket for the congress meeting is obamacare and the keystone pipeline. david is here from u.s. news and world report. the republicans are you know going to be in control of both chambers on capital hill. they said they will send legislation to the president. keystone is going to be the first. the president isn't a fan of keystone. what is going to happen? >> this could be a showdown we have not seen often with the president vetoing it and it will be on congress to see if they

can override the veto. the president hasn't issued a specific threat about keystone but looks like what he is going to do. the first term of obama's presidency was about speaker boehner keeping the establishment republicans and tea party republicans united with the president's agenda. now he has a republican senate and the question is will democrats begin to abandon the president in his second term when he is never going to be on the ballot again, when they are free to be independent operators of the leader of their party and unite with republicans on any of these issues to override president obama's veto. so the question is can harry reid and nancy pelosi keep their

own party in line with the president to stop the republican ideas. >> every democrat in the house is up for re-election in 2016 and a third of the senate is up for re-election. they have to be looking nervously after the democrats took a grudging. will their be democratic votes to override the vetos? >> i think there will be some. but look the other problem is if you are a republican, there is not that many moderate democrats left because they have been wiped out over the last couple cycles. so you have a partisan congress with very conservative republicans and liberal democrats. so the majority of them may stick with the president.

that is the overriding key question i think. how many democrats peel off. but you have obamacare and the keystone battles but you will have budgets coming up as well. what do democrats do and how republicans stratigize to fund the department of homeland security which was only funded through february because they wanted to post pone obama's immigration executive action. the other issue coming up in march is there is another debt ceiling debate. mitch mcconnell said we are not going to default but how does that fraction the democratic and republican party? you will have a lot of budget and issue battles and a lot of

con con confronting between the republicans and the president. >> there is a vote on making 40 hours a week a full-time week. because employers have been cutting people's hours down to 30-35 hours a week. >> right. absolutely. but the obamacare strategy is interesting because some in the republican party want a full repeal. the whole thing, get rid of it. others in the republican party are saying let's try to repeal individual pieces and deal with them individually to see if we can, you know make head way at curbing back the most damaging portions of the law. the 40-hour workweek is something you could see democrats make a concession on and say this seems reasonable. but we will not know until we see what the republicans put forward on the floor in

legislation and how democrats act. the president hasn't done a lot of relationship building on capital hill and this is where it could come back to haunt him. >> david, you will have a lot of work to do. thanks. more bodies recovered off the coast of indonesia but no black box yet. our next guest says that data is crucial to figuring out what went wrong. and what caused a tractor trailer to flip over on an interstate sending a truckload of mattresses up in smoke?

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.

a tractor trailer flipped

over on the interstate and bursted into flames year yucon, oklahoma. it hit the median swerved and got fire. it was carrying mattress and a full tank of diesels. search for wreckage from crash airasia flight 8501 has moved under water. investigator need to find the airplane's black box to pete together what happened before the plane plunged into the java sea sea. doug is on attorney here who specializes in cases like this. what are the investigators looking for and what can the debris field tell us? >> similar to twa flight 800 when investigators were able to

go under water and repiece the plane and uncover the explosion occurred within the aircraft as opposed to within the aircraft. so if the debris field is is a focused air it means it hit the water in tact. if it is scattered, that could suggest mid-air break up. the problem is giving the rough seas the wreckage has moved a significant amount. at least what is floating not down below. >> it is believed the main body of the plane is about 80-100 feet below the water. not sure if it is lodged into the sea bed. do you know? >> i don't know. it is not drifting. i would say it is on the sea floor. >> we are talking about the black boxes. how crucial to the investigation

is finding those items? >> critical. they will tell investigators pretty much exactly what happened. they sit in the lodge of the aircraft and there is the cockpit and the digital flight data recorder -- which is more crucial at this point because it will tell the investigators what the air craft was doing and whether it entered a stall to cause the flight to crash. >> it seems to be that is watt could have happened but they are waiting to confirm that. >> absolutely. bad weather might have caused the air craft to crash. >> you have litigated a number of mass aviation disasters and not to be callus but what are the attorneys for the families

of these victims doing. >> my heart goes out to the families. i can given that most of the families are indonesian and it the aircraft was made by air bus over seas and unless there is a connection i don't see any american litigation from this crash. but what is crucial is that indonesia is a party to an old treaty where singapore is party to a modern treaty that allows for more compensation for the family. under the old treaty it could be limited to 8300 per family/per passenger, which isn't much. over the summer i called the international civil asian authority contracted indonesian officials and told them to sign on for more compensation in case

of an accident and they did want do that. >> thank you very much. partisanship ringing out 2014. will the new year be any better? we take a look at poll analysis showing a divided america in some respects. and a georgia police chief shoots his wife in the early hours of the new year. was it an accident or something more sinister?

a quick look at what is still to come this hour. wall street is kicking off their first trading day of 2015 after finishing the year on several high notes. if you own a gm truck or suv there is a new recall with the ignition switch in many of the vehicles. and speaking of car parts look what this gentlemen found inside

his body decades after a head-on collision. he finally had it removed. a georgia police chief said he accidently shot his wife in the middle of the night. though no charges have been filled against the officer. his wife was shot once. what is the latest? >> reporter: margaret is in critical condition at a downtown atlanta hospital after being airlifted on new year's day. around 4 o'clock that morning a 911 call came in from her husband who serves as the police chief in peach city. >> the initial reports from the 911 call were that the chief had shot his wife accidentally twice. as a result of our preliminary interviews, we have found he only shot her one time.

>> reporter: peach tree city police chief has been placed on administrative leave but isn't in custody. his department called in state authorities to conduct an independent investigation. >> as soon as all of the facts are known they will turn over a file to our office and we will review to see if there has been any criminal activity. we have no leanings one way or the other at this point because we just don't know. >> reporter: and he has serve as the police chief in peach tree city for less than a year. officers that serve under him and neighbors say he and his wife are very well-liked in that community. >> okay. thanks jonathan. was 2014 a good year for you? it might depend on your political persuasion. the washington post says your views of obama might have a

great deal with how you viewed the year. a poll found people's outlook on the old year closely correlate to their opinion of the president. those who like mr. obama say they had a good year and vice versa. can 2015 break the partisan divide? we have two guest to talk about this with us. interesting analysis here. when the newspaper looked at the polls and brought politics into the mix what does that say to you, judy? >> it says to me what we have been talking on fox news for a long time which is how increasingly partisan the country is and people tend to see a lens of political questions through politics. i mean what was really striking to me jon was the increased in lax voters.

for them it is 83% said 2014 was a real good year. so, too, 65% of people over 65 saying they thought they had a pretty good year. so those are likely voters. this despite just the pounding that the president and his party got in the mid-term elections. >> let's look at some of the numbers especially among african-americans they are thinking things look good now. 57% overall thought 2014 was a good year for their family. i am talking about 57% of americans americans. the overall number is explainable because of the

economy. for everyone listening, i know it doesn't translate for everybody. a lot of us know they have not gotten raises there is no interest rates that might hamper returns on your savings or interest rates could be very good, but there is so many up beat economic indicators i think it would tamper with the most rabid left or right person to view through a partisan lens. the stock market is done and even if you are not in the market it trickles down. >> 81% of african-americans are feeling positive about the year that just ended and woe showed the statistic on the screen with the unemployment rate very high in the african-american community. as of november 2014 it was 11.1 percent. and you have to be looking for a

job to be counted so it is probably higher than that. what explains that optimism? >> i think black voters feel have the president has their interest at heart and he made enough statements and addressed concerns of for the community. the problem for the democrats is white voters who seem to be less enchanted with the democratic party and that is an issue because the solid, middle class white democratic voter has been the staple of the party and if they feel they are not being accounted for i think it could cause problems for the democrats in the coming elections >> and depite all of the difficulties and the decrying of the relationship between blacks

and police officers this number says good things and blacks are feeling positive according to the statistics. >> right. but the problems dealing with racial issues and hopes and expectations that minority communities might have had because of the obama presidency have played out to some strange situations in new york and ferguson, it is something the administration is working hard on. i am going to go back and just say that i think in this case the uptick in the economy might have been just a simple explanation in why some people, all of races were a little more optimistic than they had been previously because that is the only overarching factor. >> talking about optimism.

i know you have prepared new year's resolutions for political leaders. what are your suggested resolutions for washington? >> for members of congress can you let us know what you are doing, be more transparent and lets start with baby steps. post a calendar of your public activities: giving a speech going out to talk to a group, what hearings you are going to. and for the white house, i would appreciate less spin more canter. >> the problem with the schedule idea is it would let the media know where they are. >> i agree with her but i would hike like to add them to spend more time in the gym. let's get them working out together and maybe they can find

common ground. and since taxpayers help subsidi subsidise the gym, let's get something as well. your lifestyle and family history can play a role in your receiving of getting cancer but a new study shows bad luck plays a factor. laura is live with more details. >> reporter: researchers for john hopkins say the genetic mutations that crop up as the stem cells divide are what they call the major contributor to cancer overall. this is a math equation coming up with the bad-luck theory. they analyzed published papers looking at the number of stem cells and the rate of division

among 31 types excluding breast and prostate cancer. and then they compared the risk of developing cancer. only one third of the cancers in the tissues can be blamed on factors like smoking so 2/3rds come from random mutations in dna. the authors say this doesn't mean you should go wild with lifestyle choices. one professor added he hoped it puts more focus on early detection of cancer. cancer of the lungs, skin and other tissues are tied to sun exposure and smoking and people should remain vigilant about

quitting or cutting back the behavior. the new research is intriguing but people have concerns it was weekend by the lack of data on breast and prostate cancer. the town of paradise california is anything but a paradise today as winter weather slams parts of the west that are not used to it at all. and now tragic consequences. and yet together recall to tell you about. adding to general motors headaches we will tell you wuss wrong and what vehicles are going back to the shop. ' i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol. major: i'm feeling energized already. avo: new delicious ensure active heart health supports your heart and body, so you stay active and strong. ensure.

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snow in new england causing a pile up here with 50 vehicles involved and minor injuries. this is on i-93.

it is closed in the northbound lanes and drivers are being asked to detour around the wreck. a deadly winter hitting california with at least five people dead. the weather making for dangerous driving conditions. one stretch of interstate covered in snow there and you can see the traffic crawling. it forced a lot of people in usually sun-soaked cities to bundle up. more trouble for general motors and their ignition switchings with more than 9,000 trucks and suvs being recalled. the key is hard to turn when it is hot in the cab. no reports of accidents but this is piling on to gm's problem with the switches that are linked to dozens of deaths. a former prosecutor is here and

a criminal defense attorney is here. good to see both of you. >> thanks for having me. >> absolutely. it is my understanding gm had victims of the family to sign non-disclosure forms to not talk about what happened. is that legal? >> it is legal. if gm asks you to keep it silent you cannot put the public interest in front of the interest of your clients. and gm was to keep the public from the serious and dangerous information. it is troubling but when where you are the lawyer standing there in that position you don't have a lot of choice. >> what if you want to opt out of this? do you have work around

capabilities? >> in terms of disclosure you may not. your choice may be to settle with a non-disclosure agreement or go to trial which can be impossible. but the failure is the lawyers. who allowed this to happen. they were so focused on each individual battle and winning each individual battle they didn't thing about the broader interest of the company or the am customers and many were fired. >> many of the lawyers were fired? >> gm counsel took a bit hit for this. >> you are saying the in-house attorneys should have done more to expose gm to liability or what? >> their job internally was to raise the appropriate pokes up there so they could respond and take action to limit the damage

and that doesn't mean hiding it. it means fixing things. and gm would say they should have acted more quickly to get the cars off the road. and that is what a good legal department wants to do and what gm wanted to do but they failed because their in-house attorneys were keeping things quite. >> isn't that their job? making sure the companies don't have to pay out too much? not that i am on their side. >> the answer is yes, that is their job. there are two outside law firms, one of which i used to be a part of who wrote memos advising them of the problems. but discretion is a better part of valor and ultimately if it turns out you hid this stuff and strong armed the plaintiffs and took an aggressive approach you will expose the company to

punitive damage awards. there was a bankruptcy that saved them here but not all of the way. >> when they they cross the line into negligence? >> they did in this case if you look. i don't think you will see any more of these cases go to trial because punitive damage award could be huge. >> gross negligence with monetary penalties for the company? >> absolutely. now this is coming to life the penalties like that are on the table. but the problem is for the individual plaintiffs who didn't know. it was hard to bring the suits and get damage but what happened after they realized how serious the problem was is they did what they should have done. an internal investigation that

was indepth and that investigation found their in-house lawyers were not doing what they should have been doing which is steps were taken to prevent the harm and not just shoot down the suits. >> as late as last month they were arguing the bankruptcy protects them from the class action law suit for people that bought the cars and said the value has been decreased. gm isn't coming completely clear. >> i will leave it there. thank you both. >> thanks guy. wall street is kicking off the first trading day of the new year. plus, deadly shooting at a new year's party north of the border. the latest on this huge investigation.

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in canada the police are searching for those responsible for a deadly new year's eve shooting. one person dead six others injured one in critical condition. they have no suspects or motives. wall street is back on the market and energy stocks may feel the pain of dramatically lower gas prices. lori is live from the new york stock exchange. hi. >> the dow opened up hundred points this morning but you

thought your new year's eve hangover was bad but we are down 27 points after the disappointing news an construction and that is sending them out to treasury stocks and that is pushing the interest rate down to 2.1%. lower interest rates. manufacture stocks are struggling. in terms of overall industries, you have transports down finance and bank services being weaker. utilities and biotech is doing okay. one stop is weight watchers day one of you new year's resolution to get in shape, but the shares are down a bit. 50-60 percent lower. investigators are concerned that

all of the free witness apps are eating to the weight watchers business. >> as long as we get healthy somehow. >> there you go. >> and i want to remind everybody you can catch lori on our sister network. click on foxbusiness.com/channelfinder to find your location. it is painful to total your thunder bird but the survivor visits the doctor for pain and swelling in his left arm. what could it be?

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.

jon: more than 50 years after a car crash, a guy finds what you might call a souvenir embedded in his body. it was back in 1963 arthur hit a truck head on in his brand new thunderbird. he broke some ribs suffered lacerations. the docs patched him up, but years later his arm started to swell. surgeons go in and pull out that

7-inch hunk of metal. it's the turn signal lever from his tbird. he says he identified it by looking at owl pictures -- old pictures of the wreck. arthel: that turn signal turns me off. i can't handle it. jon: just saying. arthel: thanks, jon happy new year. ♪ ♪ >> this is "outnumbered," and i'm kimberly guilfoyle. here today this new year, jed die baa -- jed jedediah bila, from our sister network, fox business, dagen mcdowell our *oneluckyguy, fox news legal analyst arthur aidala, and he is outnumbered. [cheers and applause] today, my friend, you are outnumbered by brunettes. >> i know. that's a fox news alert number one. so here's what we have to do. the first thing, we have to say happy new year to everybody. >> yes. >> especially to my mother and father who