next year we'll tail gate and come to coney island upon and they will get a big kiss. >> warm you up. >> happy new year. great job and we are back on tv on monday. "happening now" starts right now. thanks for being with us. >> welcome to "happening now". i am marcel in for jenna lee. >> and i am in for jon scott. remembering mario cuomo. he passed away at 82 years old. many point to his famous point in politics. his stirring key note address in the democratic national convention cataputted him in the national stage and top tier of the political wing.

>> there is despair mr. president in the faces you don't see and places you don't visit in your shining city. mr. president, you ought to know this nation is a tale of two cities than a shining city on the hill. >> we have more from rick in the newsroom. >> he is a debater and skilled and ruthless and respected. cuomo was the first italian- american governor who ran and was governor. he lost to governor patacky. cuomo was the son of a immigrant grocer. he graduated first in his class

in st. john's university. and short list for a supreme court nomination. he served new york in fiscal challenging times and courted as a presidential candidate and never ran and instead he nominated an unknown arkansas governor to the highest office in the land. >> it's time for change, it is time for somebody smart enough to know and come back kid and a new voice for america. because i love new york and i love america i nominate for the office of president of the united states the man from hope arkansas, governor bill clinton. snshg his son andrew was sworn in for the second term in the office his father held. >> he couldn't be here physically my father. but my father is in this room.

he's in heart and mind of every person who is here. he's here. president obama parades cuomo. he was a determined champion of progressive values and unflinching voice for tollerance, inclusiveness, fairness dignity and opportunity. >> governor cuomo ordered flags flying in half staff. and the new york mayor said they will remain half staff for 30 days. >> we showed you in the democratic convention where he challenged president ronald reagan's policies. >> if he told american people he would pay for the economic with bankruptcy and more hungry and largest government debt to

humankind. if he told voters that in 1980, would american voters signed the lone certificate for him on election day? of course not. >> with more, dan is the editor of the wall street journal. he sounded like rand paul talking about the budget deficit and a intellectual giant but he did not fulfill the ultimate promise? >> it was to run for presidency of the united states which he never did. there are so many interesting political strands running thu mario cuomo right now. some of them on the screen right here. he nominated bill clinton to run for presidency for the united states in 1992. bill clinton was a governor from arkansas. democrats understood that a northern liberal progressive like cuomo could not win.

all of those who had run lost big. george mcgovern lost. and walter mondale and michael dukakis got wiped out as well. and they went south and nominated bill clinton. president obama today is hailing mario cuomo as a great progressive leader. come full circ and he will a presidential election and hillary clinton, who has to decide whether she wants to run as a elizabeth warren barak obama progressive or like bill clinton a centerist democrat. mario comerica was a liberal out in new york. but out in the rest of the country, governor cuomo understood he could not win if he runs for the president. >> what happens to the liberal wing.

does elizabeth warren take the mantle or -- >> it controls the democratic party. barak obama is a man of the left and elizabeth warren is a standard barrier and they control the democratic party. but it remains a party of the liberal parts of the northeast and california. but the south is gone to the republicans and so they have to decide if they want to nominate somebody who is capable of run nothing the national level or run like an elizabeth warren or mario cuomo democrat. >> i covered him in 1992 in the sher then a couple of blocks away. he was inspiring and you go to the newsroom, it was a post doctorate tutorial and he would quote a ris to thele and photos and yet his policy.

against the reagan tax cuts and defense build up and in the end. 1994, beaten by george patacki. despite the soaring rhetoric did his policies not work as well as they should have? >> policies have consequences. you have to put policies in place if you are the chief executive of the united states. and they are going to have an affect. mario cuomo raised a lot of taxes and fees to pay for public spending in new york. it damaged new york state's economy and most people agree with that. barak obama is an extremely progressive president in the midterm elections and the democratic party was wiped out and lost control of the senate and they lost big and governorships and at the level of state legislators. these policies have had consequences. mario cuomo was a great

identifier of problems and most eloquent of the problems that beset the united states and state. he did not have solutions to address to the problems he identified. >> does that taint the legacy or should we look at his eloquence or depth of thinking. >> we don't have politicians like this. there is few with the depth of thinking and you go home in the governor's mansion and he wrote mario cuomo's diaries and confounded everybody but declining a nominations for the supreme court that was his for the asking. >> he had one- half of what people look for in political leadership. he had the ability to inspire people. franklin roosevelt and mayor of new york had the ability to inspire. mario cuomo was simply not able

to create policies that matched the inspiration. i think people are hungry for a leader that can inspire them to great things and produce the policies that will achieve those things. >> he was a good, and noble and honorable man and he will be missed. >> thank you. >> arthel? >> he will be missed. >> senator harry reid recovering after breaking several bones in his face after a fall in his home. a piece of exercise equipment broke and caused the accident. molly joins us with more. >> reporter: hi, arthel. senator harry reid ended up upon in the hospital and expected to be released from the las vegas hospital later today. senator reid the spokesman said was using an elastic exercise broke

and hit him in the face. he fell to the ground and broke bones near his right eye and then on the floor he broke several ribs. doctors assessed him, senator reid had no internal bleeding and no long- term vision problems because of the fall. his office put out a statement saying septemberor reid will return to washington this weekend and be in the senate on tuesday. his doctors expect a full recovery. 75-year-old septemberor reid who will hand over the title of senate majority leader. he's had several bumps and bruises. october 2012 he was in a car accident and suffered hip and rib bruising and then after a morning run in the rain he slipped and fell and dislocated his shoulder and hit his head.

back to you. >> thank you. >> crews have recovered 30 bodies from the air asia flight. some of them are still strapped in their societies. the wreckage is now focused under water. crows found an emergency door from the plane. the black boxes are priority number one. they have 21 days of life before the beacon stops sending signals. finding the box will help them know what caused the mren to crash in the sea with 260 people on board. >> isis is looking to raise a new generation of terrorist. the group and its followers releasing a guide book for mothers and giving them tips on child rearing so their babies

will be ready to join the cause of the jihad. >> kathryn herrage is live in washington with this. >> thank you, arthel in the latest chapter, isis is targeting young mothers to gromthe jihadbabies. isis is taking the long view and understand it will take a generation to reach their stated goal. >> it encourages theous of violent imagery to desensitize children and opens them up to the idea of playing with guns and going after the nonbeliever as a valid target in jihad. this is in their thinking to create a generation of terrorist. >> according to the middle east research, they recommend martial

arts and target shooting with toy weapons and darts and cal thennics. >> and if you cannot eliminate the television completely only show children videos that instill in them will love of allah and islam and the love of muja hidean. it goes to recipes and effort to take the viulent perverse are way of life and make it seem more enticing. a former senior fbi agent said it is slick marketing. >> if you can do the same as an advertising agency to make it sexier and more elite, people will be inspired to get over. that is unconventional warfare. they are getting a bang for

their buck for making it look more cooler. >> they are using social media to reach the youngest recruits, arthel. >> thank you for the excellent report. >> that is astounding. and an unexpected guest crashes a pregame rose bowl party. a mini dust devil sent folks running for cover. >> and gas prices falling fast and good news for drivers and bad for the >> and thousands of folks are taking the plunge in the middle of winter. ? there is certificates for people brave enough to take on the waters.

>> look at this. there is amazing video in southern california and shoes people running for cover in the rose bowl festival. a dust devil crashed in the pregame festivities. thankfully only four people sustained injuries in the chaos. they usually happen over large surfaces like parking lots. the wind is equivalent of a breezy day and sometimes they get out of hand and powerful as a small tornado.

>> >> a dramatic drop in gas prices. you can so the oil plunge in the second halving of last year. my next guest said it is not only market fores at work but deliberate of saudi arabia to destroy american companies. phil that is strong. is this lejet mitt mate and how concerned should the u.s. be? >> reporter: it is legitimate and one of the things we have strived for is energy independence and we are knocking on the door of that and saudi arabia is not having any part. they are offering a lower price to their oil to anywhere else in

the world. they have a target on our back and the u.s. energy revolution and will try to bring it down and using every barrel of oil to do that. >> how can the u.s. defend against this and what is the offensive move and cut them off at their knees. >> one thing is protect the u.s. energy industry. i am not in favor of tariffs on oil. but if they are dumping it in our country to drive our producers out of business. come back with a tariff. if any other product to put our producers out of business. politicians would be up in arms and tax breaks for the energy industry. one of the bright spots in the u.s. economy is the u.s. energy revolution and added 1 or 2

points to the gdp and sectors with high paying jobs and not only for the educated but all of the workers in america. and because of this they are trying to thwart this, and we need to fight back. saudi arabia you have to stop dumping cheap oil or we'll make you pay the price. >> what is the likelihood of that. >> i know because of that the president obama's policy the saudis are paying him back for the things they haven't liked. >> thank you very much. >> arthelia carrying a full load of cargo and gasoline. what investigators are saying that caused that truck to flip over. >> plus a georgia police chief shoots his wife in the early hours of the morning. was it an accident or something

more sinister?

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>> right now authorities are blaming slick roads for an accident in oklahoma city. the driver managing to escape with minor injuries. the truck had a full tank of gas at the time and carrying several rolls of carpet. they shut down two roads in i- 40 to get it cleaned up. >> doyling 911 in the early morning hours of new year's day and he accidentally shot his own wife. >> and hi eric. the wife in the case was air

lifted to the atlanta medical center and she remains in critical condition. authorities are hoping to interview her. there is state authorities conducting an independent investigation. the georgia bureau of investigation is gathering. it was inside of the bedroom where the shooting took place. >> soon as all of the facts are known, we'll review to see if in fact there is criminal activity. we have no leanings one way or the other at this point because we don't know. >> investigators say they are coping an open mind and neighbors describe the mccullum and they believe it was a terrible accident. >> he's really a good man and maggie is a wonderful person, too. and we are concerned for her health and hope she gets better.

my kids are all worried about her and they are good people both of them. >> william mccaulum has been serving as police chief less than half a year. he is well liked among the officers on the police force, eric. >> eric, there are new details. they are investigating deep under the sea and we'll have the latest on how the u.s. is helping. >> wide open in the middle of the field for a touchdown. >> man oh, man it was a turbocharge touchdown in the cotton bowl. we'll have this and other college plays over new year's day coming up.

so they say it's a man's world? i don't see anybody's name on it. while they were doing their thing... we slowly changed all that. today women can do anything men can do. and there's one thing we're even better at... >> time for a check on the headlines, the new year brings on problems for gm.

recalling 92000 additional suv and trucks for a deficit in the ignition lock system. and overseas, more officials put under a investigation after a tragic fire. nine passengers were killed and dozens are still missing and that fuhrman is towed now to italy. and chick- fil- a, they are notified of a activity and few of the restaurants and working with law enforcement on the issue? and rescue crews are battling heavy rains as they work to recover bodies. ten more victims were pulled from the sea today and bringing the total to 30. investigators arousing sonar

equipment to search the floor. and that is gregicalcot that joins us from the london bureau. >> it is overnight in indonezia and it was a productive day for those leading the search for are the air asia search flight. 21 bodies were pulled from the water in the last 24 hours and that brings it to 30. and despite the bad weather the searchers were active including the uss samson that is deployed to at this time scene. those bodies are transferred back to the indonezia city where it took off before it crashed in the sea. there was a funeral for one of the bodies.

and 132 remain missing. most of them remain in the plane and it is believed it is on the bottom of the sea. >> are authorities getting closer to finding out what caused the crash? many pieces are missing in the investigation. how are are they feeling about their progress at this point? they are moving forward. the reports are that they picked up a few significant pieces of the crash and plane on the surface of the water including a fuselage and they know where the plane is under the water but still haven't spotted the fuselage. and they are bring nothing more gear and sonar equipment and two different ships sent by french authorities and the united states is sending ship and what they are going for is what they are talking about in the last couple of days.

voice recorders and data recorders and black boxes that are in the fuselage as well. and so far not found. and the latest speculation bad weather and also how the pilots handled the plane in the bad weather. there are bits and early indications that the plane might have stalled and the pilots were tried to move around the bad weather. they were experienced pilots and we are many days or weeks away from coming to a conclusion of what happened in the flight and the search for the victims of the flight are on the minds of of the people. >> indeed. >> and iran reaching a new deal with iraq to help baghdad to rebuild the military to take on isis. some fear it could pose a threat to the u.s. and allies down the

road. iran is sending forces in syria civil war and lebanon and yemen. but the deal with iraq is expanding teheran's role further and raising the prospect that iran has exploit the fight with isis to dominate the region. does this strengthen iran and can they be counted on to help or should we have nothing to do with them? >> iran is obstructing us from fighting isis. in iraq for example, because they are sponsoring shia. they are not coming against isis the way we want. and in syria, we can't find moderates to fight with us. and across the arab world they are backing the insurrectionist.

iran is fighting isis because of domination with syria and lebanon and we don't see what iran is doing. >> we don't see the intentions of teheran? >> yes, that is a problem. the arabs see iowa ran's long arm in yemen. for example, they are backing a proiranian militia. and they will control yemen. there is a presence over the red sea. iranians are threatening ba hrain with energy implications. and hesbollah is all over the map. and if we defeat isis we'll have hesbollah deployed in three countries. >> nuclear talks have been delayed. and the president has had conciliatory words about iran and saying a embassy can open

there. and this is what he told national public radio. they have a path to break through the isolation and should seize it and teheran is a large sophisticated country and that is a state- sponsored terrorism that we know was put to engage nuclear weapons and that has engaged in disruptions to our allies and rhetoric is incendiary when it comes to its attitude toward the state of israel. >> look the descriptive parts of the president's statement on iran is right. the problem is not with the description. every american knows what iran is doing, those involved in foreign policy. it is what to do about it. he said iran is bad and sends

money that is frozen for iran. you can't do that. they are threatening everyone in the region and we open a embassy in iran? there is a difference of what iran is doing and what is doing. when you say adjusted, what will happen? vote on new sanctions against iran and the president likely will veto it? >> he will veto that. and the new majority will not let go of the sanctions that exist. president obama can limit the sanctions but not remove the law. he needs to work with the the majority. my concern while we are debate and willing fighting isis without paying attention to iran iran will be the dominant force and we are wasting time. >> that seems sadly what is

happening. thank you for your analysis today. >> arthel? >> stocks begin the first trading day in the year. the dow is starting and the day is surging over 100 points. and down 76 right now. but it is giving up gains after a weak manufacturing report. joining us is fox business' own lori rottingman. >> the dow has swung wildly and down now sfen points. that is weak economy news in manufacturing and construction. that is sending investors in the the u.s. treasury and that is pushing interest rates lower today. oil has been up and down. and believe it is higher at the moment and oil last year was down 46 percent. and that is fantastic for pump prices. get this.

versus one year ago. gas prices are $1 a gallon cheaper. that is huge and fantastic providing extra cash for consumers. the down side it is hurting the energy companies. we are hearing from a big oil services company that is cutting production projects because of the global free fall in crude oil fries. that is lind energy last year and earlier this week and it seemed like. and civio slashed difid ends altogether. it is cheaper than it has been to travel these days. >> thank you lori. we'll talk about football. and first ever football play-offs cast off new york day, starting with the sugar bowl in new orleans. ohio taking on alabama state. and buckeyes scored 28 points

and the dagger came after the 82 yard touchdown by elliott. 42- 35 the final. buckeyes advance and will now face the oregon ducks. and here we go. oregon dismantled the florida state in the rose bowl. seminoles turning it over five times including a costly fumble by jameis winston. and oregon wins. cotton bowl. michigan state against baylor. and bears check it out. this is mccowan. 6- 7390 pounds and big man with a big score. and get cold cuts. get the cold cuts. and watch the hit on the baylor kicker. chris, after a blocked field goal. pish michigan state comes from

behind to beat baylor. and report, no it doesn't go there. and reports of the pentagon dropping a heavy sum in marketing the game. 129 million including advertising and parades and parachute jumping. oh, man, you better watch out after you do sports. >> i like that. >> and something not to like. the flu is a killer and back now cross the country and why a flu shot could put you at risk. a doctor will explain what is happening and what we need to do to keep ourselves healthy and safe. thousands of people die in 38 degrees weather. and polar bears out in coney island and out for a good cause.

>> your entire life flashes before you and reevaluate everything you have done over the years. hopefully it will be a better year for me.

>> 25 new yorkers took the plunge off coney island off of the ocean. it raises money for a good cause for camp sunshine. they host kids with life threatening illness. bono said he may never play the guitar again in a web post. his recovery from a bike accident in september was more difficult than he thought. >> and a man on the moon? a private russian company is able to construct a lunar base. >> and a new warning from the cvc about the flu.

the agency releasing grim new numbers and showed that the illness reached epidemic porportions. it is blamed for the deaths of 15 kids so far. more are expected including a four-year-old in texas and a three-year-old who was laid to rest yesterday. she died less than 72 hours after first showing symptoms. the doctor from john hopkins. thank you so much the flu normally roaches a level of epidemic but this year it seemed to have peaked early? >> it locks like the conjectory for the flu is similar to previous years. and cvc officials issued a notice that it could be a severe. we have three more months of the flu season until april.

the common strain this year mutated after the vaccine was created. and that means, the flu shot is probably less effective than in previous years. >> probably less effective and your fellow folks in the medical community is reporting. should you bother getting it? >> i think so. and we don't track flu deaths and adults. if they have a disability and chronic medical condition. and high risk people and do everything and get the flu shot. >> what about the elderly. >> the elderly are at high risk for getting the flu, but don't have an immune system. and that doesn't work as well in the elderly. there is a community affect when

the rest of us get a flu shot. and cough in your arm and if you are a back slapper you will do well on the flu season. >> and don't touch people's hands. >> and remind us of the symptoms of the flu and remedy to get rid of it? >> with modern medicine we have cures and treatments for things. here's one thing we can do nothing but conservative measures. chicken soup and things like that are better than modern medicine. look out for the early symptoms and early scratchy cough and pain in the neck when that swallows. put yourself in a special category where you don't interact. and work from home or pat somebody in the back rather than shake hands. >> can you get a z- pack?

>> everybody is begging for z- packs and they don't work in the flu and they help to create antibioticic resistance. the only thing to play it safe and stay away from other people. there is no good antibiotic for the flu. and primary doctors are good at distinguishing those. thank you so much. >> good to be with you arthel. >> it may be winter here and crews are fighting raging wild fires. we'll tell you how the fight is going. >> and parts of arizona is digging out from a foot of snow. rick will have the latest forecast from the fox extreme weather center. here's the way it works. >> the snow and you get it in the mountains of arizona and normally more than that.

and we'll show you how long it is hanging on and weather where it is happening next. stay with us.

right now some international stories we're following. new video emerging of a deadly stampede in china that killed 36 people. you can see people stuck in the crowd. the stampede happening during new year's eve celebrations in shanghai. china now ordering a review of crowd safety procedures. in canada one person is dead, six others hurt after a shooting at a new year's party at a home in calgary. police are now searching for suspects. and brush fires burning out of control in two ahs reallyian states. high temperature and strong winds making the firefighting

difficult. >> wow. they've got triple digits down there. frigid temperatures in our country threatening to damage crops in california. farmers there are going to great lengths to try and insulate fruit plants while crossing their fingers for things to warm up. >> instead of dropping to 28 degrees or 27 degrees like it was last night it will maintain itself between 32, 31 and we cover the hot caps, and the hot cap, you know it will make a difference of about four degrees. >> it's better. it's getting warmer, and that's what they mean but it's a slow process. it's a really slow-moving system. the snow we had was two sf & three days ago in arizona and california. look at your temperatures. still 45 in phoenix and 40 in vegas. 50 -- mid 50s in l.a. and in towards san diego. the snow is gone, but it's such

a slow mover. it's keeping that cold air in place, and now we're watching this move in across parts of texas. this is the last 48 hours. this is kind of yesterday. now you see what's happening in the most recent picture. more freezing rain developing here across parts of west texas and a little bit of snow when you see weave got 28 degrees and yet it's raining. the storm track goes off towards the north inland. warmer air spread across coastal areas, and it's mostly a rain event here but it's snow back across parts of areas like minnesota and wisconsin. then you'll notice also by tomorrow we're watching for some snow across parts of new england, but then eventually the warmer air gets in there as well, and it becomes rain pretty much for everybody. by monday finally this is gone. we're going to be talking about a storm about seven days

impacting the u.s. very slow to move across. also, severe weather. tomorrow we're going to watch for a chance of a tornado or two across parts of the deep south, parts of louisiana miss mishgs and alabama. kind of in the target for that. temperature-wise, we'll take a look at this. friday we're still watching the cold air today out across the west. saturday, still a little chilly. sunday, we start to warm up a little bit. finally, by monday back into the 70s across southern arizona and in towards southern california, then we cool things down again across the northern plains. >> at least that will help the farmers hopefully by then. >> absolutely. >> well, your lifestyle and family history can play a role in whether you'll develop cancer but a new study shows somehow something else may be an even bigger factor. plus, fighting the clock and the elements and as crews search for bodies and the wreckage of flight 8501, what they have discovered so far. plus we will explain what happened in this terrifying moment. take a look. >> it's my dad! and i don't know if he is okay!

it's my dad. i don't know if he is okay! please hurry!

the white house announcing this hour a response to the sony cyber attack. the fbi says it was carried out by north korea. now america answers. this is a new hour of "happening now." i'm eric sean in for john scott. >> i'm in for jenna lee. while still on vacation in hawaii, president obama has issued an executive order authorizing more sanctions by the treasury department against that rogue nation. the white house says this is just the first aspect of the american response. >> dan springer traveling with the president in honolulu and brings us the latest details now. hi, dan. >> yeah, hi eric. the white house said from the beginning that some of the response to the hacking of sony would be public and some would

be not so public and unseen. this will be seen by the government of north korea, and the president issued an executive order today and he authorized more economic sanctions against the government of north korea. this builds on sanction that is have been in place since president george w. bush was in office. president obama has already twice added his own sanctions against north korea for what he called provocative actions, and today he made it a trifecta with a letter announcing the action to congressional leaders. that letter reads in part, "i have now determined the provocative, destabilizing and repressive actions and policies of the government of north korea, including the destructive coercive cyber-related actions during november and december of 2014, constitute a continuing threat to the national security, foreign policy, and economy of the united states. the order is not targeted at the people of north korea but rather is aimed at the government of north korea and its activities. these sanctions will be carried out by the treasury department and teal go after north korean intelligence, the country's

primary arms dealers and a corporation that has ties to the military. we also understand they have identified ten individuals who are in north korea who also have ties to iran, syria and china. eric. >> all right, dan. some thought the internet going out a week or so was intentional. no response on that. clearly a public response to that hacking. thank you, dan. >> absolutely. s yep. right now more help is on the way from the u.s. bringing additional resources in the recovery effort. about 30 bodies have been recovered. some found still belted in their seats and why it happened is still yet not -- is still yet unknown. american naval ships deploying the wreckage to the wreckage site in the java sea. the uss samson enjoyed the search at indonesia's request and has recovered more than one-third of the bodies found no far.

the combat ship u.s.s. fort worth, is now being deployed to the area after standing by in singapore. the navy's patrol aircraft pos eidon is assing as well. chuck nash is a retired navy captain and fox news military analyst. good to see you. >> nice to be with you. >> absolutely. i would like you to start by telling me a little bit more about these u.s. assets over there and what they will be doing. what role will they be playing? it's got a robust crew. it carries two sh 60r romeos that are helicopters you show them the lead in. you can put people on either side of that looking back with binoculars, as well as the two pilots in the front.

you can coordinate with the samson and p8 flying. that's really important because you want to optimize the search area, and you don't want to cover ground or water in this case that you have already covered because there just isn't time to do that. once you start picking up remains or debris, the next thing you'll do is drift analysis where you start looking at the prevaluing winds and tides and currents. then you trace it back and hopefully that will lead to the site of the main wreckage, and we can begin the recovery operation there. much smaller crew size. it's carrying a surface warfare package which is two inflatable rigid hole boats and boarding teams that can be useful in picking up debris or the remains

of passengers if once they're found. >> i want to talk a little bit more about is it the indonesian government that commissioned the u.s. assets. when does it happen? at what point which is now a recovery effort there -- at what point does it happen when the nined indonesian government says, yes, we do need your help and explain a little bit more about the international coordination of these sorts of investigations. >> sure. first, i think the indonesian government is doing a very good job in this. they're getting the news out. the company is doing a much better job than we saw with the mh-370 disaster. so what we're getting is more information sooner and the coordination they did not blanch at taking on and asking for external help. the united states got involved fairly early on bringing in assets, but at some point you

don't want to have a piling on effort. you only want to bring in assets that can really contribute to the job. i think they're fairly confident that they're narrowing it down, and they don't want to clutter the scene up with assets that aren't really good-bye to be helpful in this. >> thank you very much captain nash, for lending us your expertise on this. very unfortunate situation. it is, indeed. joining us now to explain more about this is fox business network's rich edson. how many people are getting what type of break and getting a boost? >> well in some analysis show about three million folks, and that's because 29 states, d.c., have higher minimum wages than the federal government. the latest increases are all

thanks to state ballot initiatives, local laws or scheduled raises. president obama and democrats are trying to raise the federal minimum wage to $10 .10 an hour. more than washington state's $9.47. the highest state wage in the country. republicans and business groups siting a report saying an increase of that much would cost the economy a half million jobs over the next decade as paying workers more means businesses would hire fewer of them. supporters of a higher minimum wage point to the same report claiming worker's income would increase by $2 billion over that period. still, there's enough opposition in congress to leave raising the wage to local governments. a lot of the states with higher minimum wages have more liberal legislatures. they have more liberal governors. the federal -- at the federal level if neither the senate nor the house want to take up a bill to boost the minimum wage, they

don't have to. >> the president has signed an executive order upping the minimum to $10 .10 an hour for federal contractors. that's about as far as the administration can go without congress changing the law. back to you. >> all right. thanks so much. >> well, eric, the cost of the obama care website is climbing higher. the administration awarding a new $536 million contract to improve and maintain health care.gov. that is the same company that was brought in to fix the website after its disastrous launch back in 2013. this brings total government spending on health care.gov to more than $2.2 billion. >> well what do americans worry about the most? well, it turns out it's the u.s. government. that tops a new gallop survey of the things that americans are most concerned about, back in 2014. well, 18% said the president congress, and general political conflict was the biggest concern. that was followed closely by the

economy, unemployment and health care. you know what this is the first time in seven years that the economy did not top the list of things most americans worry about. that's a pretty good soon, i guess, if most people are not worried about the economy, though i still think it's a big, big issue. >> it's a big issue that they're not worried? >> no, it's a big issue that -- out there even if they're not worried about it. >> a lot of people still -- people have the jobs. a lot of people still looking for jobs and higher paying jobs. >> yeah. >> overall seems like they're feeling good right now. >> we'll take it for the second year of the new year. >> absolutely. >> meanwhile, dozens of vehicles were caught in a massive pile-up and it happened on i busy interstate. coming up we'll show you where this is happening. and a pastor uses a firearm to shoot a man he says was trying to kill him. was he within his rights to open fire? our legal panel weighs in. >> we have an employee with -- he just shot our pastor. i didn't think i'd have a heart attack. but i did.

i'm mike and i'm very much alive. now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen.

four people injured when an airplane was blown off the runway before takeoff. it happened this morning on a wind-swept island in scotland. the plane carrying 28 passengers and crewmember was leaving the runway when it swerved and came to a stop in the grass nearby. police say two men were taken to

the hospital and two women had minor injuries. a full investigation of the crash is underway. >> there are new details about the deadly airplane air chopper crash that happened on new year's eve. authorities say a retired glendale police officer who was the pilot was killed along with a mechanic whose identity has not yet been released. the chopper went down near benson, arizona, while heading to nearby sierra viesta. the cause of the crash is unclear. the ntsb, though is investigating. a pastor carrying a weapon in his church and it might have saved his life. deputies say a worker benjamin paranam jr., started shooting when the minister tried to fire him from his job at the church. the pastor wasn't hit. he was shot -- he shot back with his own gun. now, the worker is in stable condition, and now he is charged with aggravated assault with intent to kill. both of the men had consealed carry weapons or consealed

permits to carry weapons there. here's some of the 911 call. >> that's my dad. i don't know if he is okay. wron if he is okay. please hurry. please hurry. >> we are. we're sending help. we're sending help. what's your name? >> he is upstairs in the office. >> oh, boy. let's talk about this with jennifer brant, family law attorney and michael gotlib, also a trial attorney. both of the men had permits to carry consealed weapons. i'm going to start with you on this one. was that pastor within his legal rights to defend himself if someone is shooting at him he is going to pull his gun out and shoot back? >> well we have to first find out all the facts here, and we don't have all the facts and why the shooting began and what were the circumstances of all of this. until we determine that we can't determine whether or not it was justified. my bigger concern is that you have two gentlemen on a property

where there is that's the bigger issue, and as a family law attorney that's what i'm concerned with. the children that were there and could have been dmaut a crossfire possibly. >> there's a point. the children thankfully were not hit. some parents were there. i they the children were gone at the time. if are you a parent with a child there, do you have any legal recourse? >> well, i think you do, because, you know, you have people coming on the property with guns, and if i'm sending my child to that facility, i want to know before i send them there that they're not going to be any guns on the property. that people aren't going to be shooting on the property. you know after the connecticut shootings, i think people are -- there's a heightened awareness about this and that people really want to know what's going on at the schools and what safety measures are the schools taking to protect children. >> michael, before we go on to

the defense of this -- the pastor, i want to stick with what jennifer is saying right now. what's your take? can parents -- can they have the right to find out if someone at a school has a permit to carry a consealed weapon where their children will be? >> clearly, there's a concern when people are carrying guns on school grounds but the guns in this case by both men were legally carried, and that's permissible in the state of florida. it's questionable taste. it's questionable morals to carry a gun at a school with children. it also in this case seemed to defend the pastor against the disgruntled employee. it seemed to be a necessary measure. who knows what the employee may have done later had -- after he killed the past or, if it was going to go that far. it does sound like it's something that's potentially necessary. >> quickly, i want to move to another subject. the pastor is not dead thankfully. the pastor was shot at. this maintenance worker is charged with -- the pastor is

pleading self-defense. hasn't gone to trial yet, but -- that's why he shot this maintenance worker. is that a strong argument michael? >> yes. there were several witnesses. he is a disgruntled employee. he is about to be fired. they all saw him shoot several times at the pastor. it's a classic self-defense case. i would be shocked if he even gets charged with a crime. >> so you both know that jury selection begins monday in the trial of the surviving suspect in the boston marathon bombing. that's after the judge turned down a request by tsarnaev's attorney to dre. they want an appeal and wanted to move the trial out of massachusetts. the judge said no this trial is starting come monday. the judge make the right decision, jennifer? >> well they moved this case to the appeals court now. they're appealing what the judge's decision was, to keep the trial going on. i think until that issue is decided, i don't know why the judge is going forward with the trial. if he is worried about inconveniencing potential jurors it could be a greater inconvenience if the appeal is

granted and his original decision is overturned. i tend to think he should have waited. >> okay. so michael, what do you say? what if the appeals court comes back and says no, you actually can have a change of venue, can you move this trial out of massachusetts. >> you know the question is really is there a venue in the united states, let alone the world, that has not heard about the boston bombing? i mean i just don't think that moving it is going to necessarily aid the defense at this point in time, and that's unfortunate, but everybody has heard of it, and the people who haven't do we really want them as jurors? the question is can we seat a fair and impartial jury? that's what the judge has said. the judge has said i've got measures in place. i'm going to find a fair and impartial jury. i have 1,2 homeland people coming in. if the people who are called in to be jurors say they can't be fair and impartial, then you can seek a change in ven awe. the motion is a little untimely at this point in time. >> michael gotlieb jennifer, thanks to both of you. we'll leave it there. >> thank you. there is exciting news. have you heard about this?

about one of the most deadly disease that is we face. with the formation of cancer has to do with your biological luck of the draw. plus, president obama just announced new sanctions against north korea. payback for that computer hacking and the movie "the interview." coming up, what those sanctions are, but more importantly, will they work? major: ok fitness class! here's our new trainer ensure active heart health. heart: i'm going to focus on the heart. 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. take life in. you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make

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fishing trip takes a dangerous turn towards miami. this boat flipping over while heading into rough waters off fisher island. police say five people on board were rescued. no one hurt. there's disturbing new

information about the risk of cancer. scientists say poor lifestyle can make a difference. they also announced saying another big factor is beyond anyone's control. seems like the luck of the draw. >> it could come down to bad luck. that is according to researchers from johns hopkins who say genetic mutation that is randomly crop up as our stem cells divide are what they call the major contributors to cancer overall. that's trumping hereditary and external, environmental factors in most cases. it's a bit of a math equation to come up with, this bad luck theory. taking a look at the number of stem cells. among 31 tissue types. excludeing breast and prostate cancer. then they compare the total number of lifetime stem cell divisions in each tissue against a person's lifetime risk of developing cancer in that tissue

here in the u.s. >> smoking makes two-thirds of cancer rescue coming from dna. before you think you have a free pass to go and smoke -- >> he hopes the findings will instead prompt more emphasis on cancers that cannot be significantly curbed by lifestyle changes alone, saying the cancers of the lung skin, and other tissues are clearly tied to factors like sun exposure and smoking and that people should still remain vigilant about quitting or cutting back those behaviors. new research, very intriguing, but they have concerns the new study has been weakened by the lack of data on breast and prostate cancer. eric y. >> i guess we have to do the best with whatever cards we're dealt.

>> that's right. >> yeah. >> well, eric, talk about a commuter's nightmare. a massive pile-occupy a busy interstate brings morning traffic to a halt. what is being blamed for the mess? >> and the white house says president obama now plans to pivot from those controversial executive actions and try to work with house speaker boehner and others in the republican-led congress. some analysts today are saying that strategy makes sense but others think it doesn't. will it accomplish anything? when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving the instant it touches your tongue ...and neutralizes stomach acid at the source. ♪ tum, tum tum tum...♪ smoothies! only from tums.

the white house announce this hour a response to the sony cyber attack that the fbi says was carried out by north korea. >> president obama releasing a statement. that statement reads, in part "i have now determined that the provocative destabilizing and repressive actions and policies

of the government of north korea, including its destructive, coercive cyber-related actions during the november, december 2014 constitute a continuing threat to the national security foreign policy, and economy of the united states. the order is not targeted at the people of north korea but rather is aimed at the government of north korea and its activities that threaten the united states and others." >> chief white house correspondent ed henry joins us live now from washington, and, ed, i mean, this is a big announcement, as you know. there's a lot of talk amongst americans who are saying well, what about those independent companies that said that the north korea had nothing to do with this? >> this could have been did hes gruntled employees inside sony raising questions with the fbi insisting that they have evidence that it was a regime of north korea behind it, and so

with this action today -- they're doubling down on the administration's insist ens that this was the regime the communist regime of north korea behind it, and what the president is doing specifically is targeting three different entities and ten different north korean government officials. they are saying they don't want china and others doing business with them, but you are absolutely right that the storyline in the last week or so has been, well was it north korea really behind it? the president is doubling down today and saying yes, they were. we'll see if he is right. >> rogue nations. will there be any more sanctions? >> there could be. in talking to senior officials they're saying the door is open for more sanctions. when you talk about the potential for help that's pointed usually at china.

was iran helping here as well, and the three entities, we're told that are being sanctioned have ties to iran china, syria, other countries that are interesting in the mix here. that's fascinating. the other point i would make is at the end of the statement from the white house, they say today's actions are the first aspect of our response which you remember the president had promised at his year-end news conference in mid-december that we'll do this at a time and date of our choosing. what happened between that news conference and this? in several occasions we saw north korea's internet go down, and a lot of people assumed perhaps wrongly that the united states government was behind bringing down the internet and north korea. the white house at least publically is claiming today that they had nothing to do with that and that this is their first action, these sanctions. >> i was going to mention, ed, what's astounding to me is the very strong same time saying that north korea continues to be

a threat, a national security threat to the united states. we've already seen that they've detonated two nuclear tests already. is there anything else the government can do to stop them from the nuclear test, stop them from their missile development that they keep on shooting missiles over japan? >> good question. i think the sanctions are an attempt by the obama administration. we'll see if it works because there have been skeptics saying, look, north korea could care less about u.s. sanctions, so we'll see if it really does have an impact, but at least he is opening the door symbolically. again, we'll see if there's substance behind it to say you are going to be even more isolated on the world stage and that ultimately that's going to make it harder and harder for north korea to behave like children if you sort of rally the international community against north korea. >> all right ed. that's a slight -- >> you are right. happy new we're. >> happy new year to you too. good to see you, and we'll see you again in three hours from now at special report at 6:00 p.m. eastern on here on the fox

news channel. there are also growing concerns after a new video surfaces showing there are two italian women kidnapped by islamic militants in syria. they could be traded to isis. national security krbt jennifer griffin is live at the pentagon with the details. hi, jennifer. >> hi, eric. well, what makes this new video so worrisome is that italian officials thought they were on the verge of securing their release. the 24-second video was posted on new year's eve. it shows two young italian female volunteers many their 20s kidnapped last summer in syria by islamists and now believed held by the al qaeda-linked nusra front. the aid workers looked thin and pale, dressed in black islamic shadors. the government had been working to secure their release. the young women's captors say they were snatched to protest italian involvement in the u.s.-led anti-isis coalition. in the meantime, u.s. war planes targeted a meeting of senior

isis leaders in the iraqi city of mosul. it was a high level meeting reportedly. no word on confirmed casualties. the latest video from centcom shows air strikes in and around fallujah in iraq, reports from anbar province indicating that u.s. troops are finding themselves closer and closer to combat. some of them getting repeatedly mortared at their base at an bar province. u.s. war planes destroyed 20 isis vehicles in and around raka where that joshed action newsian f-16 pilot went down last week and carried out 17 air strikes on new year's eve. 13 in kobani on the turkish border where a saudi professor known as the spiritual leader of isis was reportedly killed by a coalition air strike. he was a professor at king cleanly university in saudi arabia and served as a recruiter for isis. now u.n. figures show that last year was the deadliest year in iraq sense 2006-2007.

12,282 civilians in iraq were killed in terror attacks last year. eric. >> all right, jennifer. thank you so much. former new york governor mario cuomo being remembered as a champion of progressive values. the 82-year-old died just hours after his son andrew cuomo the current governor was sworn in for a second term. rick leventhal live with more. >> the tributes are pouring in. governor chris christie said we lost a giant. he was the son of a grocer who grew up in a rough neighborhood in queens new york. a first generation american and minor league baseball player before attending law school and graduating first in his class at st. john's. a forceful liberal who spent nearly two decades as a lawyer before winning three terms as governor serving the state during some tough financial times in the 1980s and early 1990s. a father of five known as a

tenacious debater and spellbinding speaker. he captured america's attention at the 1984 democratic national convention. >> in many ways we are a shining city on a hill but the hard truth is that not everyone is sharing in this city's splendor and glory. >> democrats must unite. we democrats must unite so that the entire nation can unite. >> yesterday just hours before mario's death his son andrew was sworn in for his second term in the office his father so proudly held. >> he couldn't be here physically today, my father but my father is in this room. he is in heart and mind of every person who is here. he is here, and he is here. >> in a statement president obama praised cuomo for his public service remembering he rose to be chief executive of the state he loved a determined champion of progressive values

and an unflinching voice for tolerance, inclusiveness, dignity, farnts, and opportunity. cuomo had been ill for months and was getting hospice care in his manhattan home. his daughter, madeline, says she thinks he waited until after andrew's swearing in to say his final good-bye. new york one is reporting that the funeral service will be held at a church on park avenue here in new york city next tuesday. we're waiting for confirmation on that from the governor's office. >> indeed. rick levanthal, thanks so much. >> sure. >> republicans will be soon running the show on capitol hill. you know the white house says it plans to back off those controversial executive orders. apparently they're trying to work more closely with congress. any chance lawmakers will reciprocate, and, well, the white house change of heart if there is one work? alan combs, host of the alan combs show and fox news contributor and lisa booth president of the black rock group. what happened to i won? what happened to using the pen? is this a real change of heart by the administration? are they backed into a corner?

>> no this is a farce. look just a couple of days ago president obama threatened republicans with his veto authority. he said he wasn't afraid to use his veto authority this congress, and, look by moving forward on executive action on immigration, he sent a message to republicans that it's my way or the highway. so, you know, not only was that a slap in the face of the majority of americans who opposed that action but it's also a slap in the face to republicans. they're not really getting started off on the right foot here, but here's my hope. my hope is that president obama takes a page out of president clinton's playbook and works with the republican-led congress to get some big things done. if you remember, bill clinton worked with the republican-led congress on welfare reform and cutting spending so my hope is that president obama does his job and works with the republican-led congress. >> alan, is there a possibility that the current president can take a page, as lisa says out of clinton's playbook, or l.b.j., you know, sitting down and go like this this this accident, or work with congress? >> i'm confused because when he

does executive orders republicans like lisa are upset that he is doing executive orders and isn't working with congress, and now he says look, i'm going work with congress, and that's not good enough. i'm curious to know what he could say that would make the other side happy. apparently nothing because what he says i'm going to work with congress, they don't believe him, and when he does the opposite, that's not good either. apparently nothing is going to satisfy republicans. nothing. >> go ahead, lisa. >> alan, we know that actions speak louder than words here. president obama can say whatever he wants, and that's great lip service, but he is not putting those words into action. that's where the problem lies. you know that. >> well it would be very nice if indeed he had a congress he could work with as close to the new and coming majority leader of the senate who initially said at the beginning of the presidency, my number one political objective is to get obama out of office. they haven't wanted to work with him. you have a tea party that john boehner can't control. john boehner, by the way, 60% of republicans in the country don't want him renewed as speaker, but, you know, they don't want

to work with him. i hope they will work with the president. i think the question is will the president work with congress, but will congress including the new republican majority and senate be willing to work with the president. >> you know, keystone xl will be job number one by the republicans. he will veto that. obama care and affordable care acts will be sent off. he will veto that. you know, is that working with congress or vice versa? >> well, here's the thing. i think especially with the keystone pipeline, i think we'll be able to get enough democrat votes to override that veto threat, and here's another thing. we might actually be able to get something done on repealing the medical device tax. i know there's enough support from democrats to probably make that happen. hopefully that puts some pressure on president obama, and it's also incredibly unpopular. another area we're hopefully we can work together and where president obama has at least, again, with the lip service, said that he is interested in working on is tax reform. that's an incredibly important issue. you know, there seems to be at

least a shared desire to work on tax reform. hopefully they can work together. the country is facing some big problems, and i think all americans would like to see that. >> i think lisa has a point. there are areas like tax reform. by the way, he hasn't said he voo veto the pipeline. i hope sde. if they have enough votes to override it, god bless them. >> it's a job creator. >> that's ridiculous. it's not a job creator. it would be jobs bills that republicans have actually turned down since obama has been president, and, by the way jobs are coming back. the economy is coming back. the president has the best approval rating he has had in 13 months. >> 43% is a dismal. >> it's probably to include his approval rating. >> wait until the state of the union on january 20th. >> we'll know a lot more then. >> thank you for having us. >> happy new year. >> happy new year. okay. analysts make millions predicting trends in the business world, but you don't have to work on wall street to have the inside track. our expert tells us what is in and what's out this new year.

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>> southwest war planes carrying out more air strikes against the islamic state. we'll talk with a former spread allied xhabder of nature wroe. he says we'll ultimately need about 10000 troops in the area. >> here's what america is clicking on today. singer selena gomez deleting a photo o quit criticism on social media for exposing her aurnkle at a mosque in abu dhabi. the mosque requires women to wear ankle length skirts. no comment from gomez. welcome back to the future.

2015, of course. >> the year marty mcfly travels back to the future to. we might not be that far from walking dog drones. it's like hover boards and self-lacing shoes. and a new jersey mother says united airlines has now apologized after she lamz a flight attendant humiliated her special needs daughter on a flight by disputing whether mom could hold the girl on her lap during takeoff since her daughter is unable to sit upright. >> you have a list of five things that you think will happen this year. the first one is fascinating. savings are out.

what, spend issing in? >> impulse spend issing in. here's the deal. it's becoming increasingly difficult to save all your expenses are up. college costs. you know, education is ridiculous. groceries. everything with gas, right? it's becoming increasingly easy to spend given the growth and mobile payment systems like apple pay. just tap your phone and make all these purchases. you don't think twice until you get the bill. >> you get the bill? >> you will. >> dow think until the novelty wears off of apple pay, we will see a lot of the impulse purchases. >> to you think they're making it too easy to spend too much money? >> look what happened over the holidays. people went crazy. last minute in particular. >> i guess that's good news for the economy, but maybe not for our own personal -- >> not for our wallets. >> wait until the end of the month when the bill comes in. >> trading up is out.

>> zilo is forecasting that rent will outpace -- the predictions 3.5% through 2015 and outpace home values by the end of 2015. zillow looked at income data and the area where there's a lot of interest level, and there are markets like pittsburgh las vegas, chicago hartford that are pretty attractive. >> and i guess the rates are still down low. >> that would affect your affordability by 11%. the idea is to jump in now before -- >> it's not great for you and me and know else, but it's becoming the wave of the future.

we are seeing more of this. i mean, 53 million workers right now are working as freelancers, contract workers. that is 50 -- 34% of the work force. it's a huge percentage. >> it seems to be the wave of the future. talking about the future, you say out is aging in place while in living in -- >> living in place. >> i'm aging. wherever i am i'm still aging. >> the boomers want to call the shots. they want to stay in their own homes, and they're making them more attractive as they age in place or grow in place or live in place. they're doing -- this is actually causing some sort of remodeling trends where people are putting in, like, different safety features that are functional and aesthetically pleasing. they want it to be attractive and have all the other stuff like everybody else wants like the walk-in closets and the master suites, but they want

features that make it easier to stay in their homes. >> bigger tv. that's the main thing. >> so so they can sit around and watch fox news. >> vera thanks so much. >> thanks. >> you might have to pack more patience when renewing your license. the lines at the dmv make it a little more crowded. we're going to tell you why that's coming up. and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

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long lines at california dmv offices as the state begins accepting driver's license mixes from illegal immigrants. california is one of ten states with the immigrant driver program. the dmv experts 1.4 million people to apply over the next three years. will carr has more. >> 'word has spread quickly throughout the day. we have seen lon linings at dmv offices across the state. at one we saw more than 500 immigrants waiting to get theirs

driver's license. to get the license they need to provide a passport, consular i.d. or birth certificate. but there are other documents they can show. they have to submit a thumbprint and pass written and driving tests. those in favor of the law, which requires undocumented immigrants to get insurance as well, argue this will make california's roads safer and allow the state's immigrants to legitimatize themselves in the eye of the law. >> i'm really excited about getting a first license and i want to be -- won't be afraid of driving without license. a koch behind me now i'm going to feel free. >> we been waiting long time to happen, and now happen. we are very happy. >> opponents are quick to point out document -- they say it's matter of public safety pointing to cases of human trafficking where immigrants have been smuggled into states

that offer licenses and say at the least california a democratic state, is rewarding illegal behavior and maybe using the licenses for political purposes. >> i think the real purpose for this is sort of a backdoor to legitimatizing illegal immigrants and bringing them out of the shadow and some kind of documents. but is this good for the rest of california? a lot of unemployment in certain sectors in california are and we really wanting to make lives easier for these illegal immigrants? >> and anticipation of the rush the california dmv hired a thousand employees and also opened four new locations. >> will carr, thanks a lot. much did your iphone cost in $200? how about $7,000. what one woman figured it was worth. we'll explain nat surprising bid coming up.

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the doctor is operating on an illinois man made a shocking discover. a piece of his turn signal from his 1963 thunder -- bird. he survived a head-on collision with a semi 51 years ago and had a broken hip and ribs. the poor guy thought there was some medical equipment left in his arm because he kept on setting off metal detectors, and ignored itself until it started protruding through his skin and found out it was actually a piece of his old car. >> some game show contestants learning the price is wrong, really ongoing. >> an iphone 6. >> 7,500. >> 7,500. >> 7,501. >> 7,501. man. i hope the marketing people at

apple are watching this. >> the iphone 6 is not cheap put $7,500, it's $1,900 if you don't have a contract. if you have a crashing it's less. >> 9999 or less. >> john scott is up next. >> the obama administration's slapping north korea with new penalties. the white house says it's pay barbing for the hack attack of sony pictures over "the interview." a short time ago president obama issued an executive order that targets people and companies associated with the nuclear armed nation. it calls north korea's everybodies, quote, a continuing threat to national security foreign policy and economy of the united states. dan springer on fox top story live in honolulu where the president is vacationing. what exactly do all these penalties bring dan? >> well, john these sanctions will be carried out by