thanks to my panel and all of you for watching i'm paul gigot, we hope to see you right here next week. an amazing story of survival, a 7-year-old girl in kentucky miraculously walking away from a plane crash. four of her family members on board were killed. the faa says the small plane reported engine trouble and minutes later lost contact with air traffic control. hello, welcome to "america's news headquarters. >> we're learning now that 30 minutes after the tragic crash the young girl was able to walk away, kept her compose you're and find help on her own by knocking on a door. will carr is live in los angeles with the latest on this

astounding story. >> nearby neighbors say they never even heard this plane crash, one his name is larry wilkins, finished watching the news when he heard a faint knock on his door. >> she thought her arm was broke. and her left foot was hurting pretty bad. she was bare footed by the way. she had one sock on her feet and she walked all that distance bare footed. >> wilkins says the 7-year-old girl managed to walk 3/4 of a mile from the crash site to his house through very rough terrain to get help. he says she had a bloody nose and her legs were scratched. she simply said she had been in a plane crash and her parents were dead. authorities identified the four victims in the crash as 48-year-old marty gusler his wife kimberly and 9-year-old daughter piper and her cousin sierra wilder.

all four were from nashville, illinois. the plane was flying from florida to illinois when the pilot reported engine trouble in the small twin engine plane. a short time later it crashed in southwest kentucky. evidently the plane flipped utside down and somehow the 7-year-old girl managed to get out and navigate the treacherous terrain and then found safety. >> i've got an 8-year-old child myself, just turned 8 years old, little girl. when i saw this appeared to be 7-year-old child that walked through this dense forest and through some really tough terrain and awfully poor weather conditions tonight and survive this, it's really a miracle. >> authorities say the girl was taken to the hospital with what they say were nonlife threatening injuries and

released early this morning. >> absolutely heartbreaking and also inspiring, your heart goes out to the little girl, of course. thank you, will. >> no doubt. well, there's stunning new developments in the crash of 8501. indonesian officials now saying airasia did not have permission to fly the route last sunday before it vanished from radar and crashed into the java sea. meanwhile the search for victims and wreckage continues. recovery teams may have found four large objects in the floor of the java sea the largest of which appears to be part of the plane's fuselage. david piper is live in bangkok with more. >> reporter: hi, arthel, indonesian officials say search teams using sonar found the four large objects on the ocean floor and they seem confident that they are part of that missing airasia plane. recovery teams are planning to send down a remotely operated under water vehicle to take pictures of the objects which

are about 100 foot down. but bad weather and rough seas continue to make that difficult. so far 30 bodies have been recovered and indonesian officials are quoted as saying some were still belted in their seats. a flotilla of ships, including uss sam son and ft. worth are suching for debris. the the recovery of the black box is key to figure out what causeded plane to crash. the airasia jet disappeared from flying surabaya to singapore last friday. it radioed shortly before contact was lost that he was facing bad weather and wanted to climb. the request was denied by air traffic control because another plane was above. it's also been revealed today that the airasia wasn't registered to fly the route on

sundays. it could for four other days of the week. now the indonesian authorities stopped airasia from flying the route for now until they sorted out this problem. >> david piper live in thailand thank you very much. >> william bratton, the commissioner of the new york city police department is warning officers against making a political statement at today's wake honoring the police officer who was killed with his partner, both assassinated in cold blood in brooklyn new york two weeks ago. this after the funeral for one of the officers who was killed, at that funeral some of the police officers as you can see actually turned their back against mayor de blasio and accuse him of fostering an anti-police atmosphere that led the accused gunman who attended a demonstration in new york to the killings. the shooter executed both men on december 20th after threatening

online to murder police officers. a charity has been created that says that they will pay for the home mortgages for the officers families. this is a fox news alert the mother of a missing college student telling reporters her son's body has finally been recovered. shane montgomery vanish the five weeks ago after going out to a bar with friends on thanksgiving eve, two weeks ago, a new clue in the case prompted investigators to start looking near a river. his mother confirmed the news on face it is facebook, we have done what we promised, we found and brought shane home. we thank everyone for their support and prayers and love and ask that they continue to pray for family at this trying time. of course, we will continue to give you details as we get them. >> it's a desperate fight against isis, in some fighters

are in desperate need of weapons in the fight against isis. the pehmerga are fighter that have come out of retirement their guns are outdated and no match for what isis has. the sophisticated american weapons were captured from iraqi forces. one official dismissing the idea of u.s. boots on the ground. they already have ground forces but they need better weapons to face the isis invaders. >> the new year off to a frosty start in the midwest. the region bracing for snow especially near the great lakes. janice dean is live in the fox room weather center. i think i need to get new glasses, i think i'm seeing white stuff fall here in new york city? >> yes we are seeing a little

bit of snow. it's wintertime right? >> i guess so. >> we have a myriad of weather problems here arthel, we have snow across the great lakes and midwest. moving in towards the northeast. we also have the risk for severe weather, warm enough for the potential of hail, damaging winds and even isolated tornadoes, the watch is in effect until 6:00 p.m. local time. it looks like we have a tornado warning right here where we have the polygon, around louisiana, mississippi, some storms containing rotation, tornado warning for the next 15 or 20 minutes or so. that's going to be a risk throughout the day across the gulf coast towards the southeast. yes, the risk for severe weather. then on the cold side of the storm we're dealing with snow. we could also see the potential for flooding, flood watches and warnings are posted here in the green shaded regions. that's the warm side of the storm, the cold part of it is where we're getting the snow across the midwest and great

lakes and northeast as well as the potential for freezing rain. that's going to cause problems on the roads not only today but tomorrow slow moving system several systems moving in. then the big story this week is going to be the coldest air of the season. we'll struggle to get out of the single digits across the northern plains and upper midwest with very dangerous windchills for a lot of folks. this is going to linger thursday and friday for many -- much of the country certainly. >> here we go like you said it's winter overall, we should expect it. thankds so much. >> we turn to a disturbing result of a oversight report on the department of homeland security. it found serious lapses in the border and cyber security efforts, the report reads in part the department of homeland security spent $50 billion over the past 11 years on counter terrorism programs, including homeland security grants and

other anti-terror initiatives but the department cannot demonstrate if the nation is more secure as a result. meantime the department of homeland security is responding saying in a statement in part, the report overlooks much of the concrete and recent progress we have made over the past year, to improve homeland security in the manner in which dhs conducts business. the statement from the agency goes on to detail its progress and securing the nation. the report also raises other issues for example including that only about 3% of illegal immigrants are ever actually deported. is that true? here to weigh in former media spokes person for george w. bush and david mercer. mercedes, let me start with you. senator tom coburn just retired, long distinguished career dealing with budgets and security. he took apart the dhs on what they have not been able to achieve.

>> that's right. he shed light to the fact that the dhs is quite frankly dysfunctional. they have a dysfunctional approach in setting priorities in these different missions dhs has five different missions, dealing with counter terrorism and cyber security and border security. i mean it's really compiled these different areas and where they have been ineffective. you can take for example the fact that fema spent billions of dollars yet they weren't able to track these funds in order to see how you can improve counter terrorism action. they have different state and local fusion centers that again were ruled ineffective in terms of preventing terrorism. what i think dhs will need to prove quite frankly are the metrics. how can they be able to describe the fact that they really secured the homeland and really actually securing the border, which as we know, 700 million -- 700 miles of the border remains unsecure right now --

>> just take a look at the banner right there coburn report, 3 in 100 undocumented immigrants will face deportation. that's 3%. that means most illegals don't face any deportation. is that a good enough track record? >> well, what senator coburn in his retirement leaving us with parting words did have favorable words for the secretary of homeland security and faith and confidence that we will address the issues. but the main issue or to answer your question we are seeing a reduction in -- we're seeing an increase in deportations. we're seeing less coming over the border and we have gone from 1993 where we had 2,000 border agents to nearly 23,000 border agents. so steps are being taken. what big step needs to be taken is for senator coburn to maybe draft what he did to the public in a memo to his colleagues in

the house to pass the immigration bill that was done in the senate with senator coburn and his colleagues in a bipartisan support so we can address this issue wholly as opposed to just by border security -- >> but -- david you're talking about the money we're spending the report says 700 miles of the southern border unsecured. potentially they can walk right over. what's stopping them? >> they are as i mentioned before, there's greater enforcement and also a higher degree 1.3 million deportations in the last several years. and you have less people coming over the border because the economy is improving in mexico. in fact they are in a net zero on illegal immigration because they are staying home because the economy is improving there. again, you need a wholistic approach, can't just be border

security. >> the computer does that it is an interesting debate, we'll continue. thank you. >> thousands of dogs doentd get adopted. we'll tell you about a hotel trying to change all of that. a feel good story coming up next. s really do sound like a sure thing but i'm a bit skeptical of sure things. why's that? look what daddy's got... ahhhhhhhhhh!!!!! growth you can count on from the bank where no branches equals great rates. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals antioxidants and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™.

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guests can leave with more than a good night's sleep teaming up with an animal shelter, letting dogsguest adopt a dog that greets them. for more let's bring in christine kavanaugh. kim smith is with her, president of charlie's angels animal rescue and special guest of course is dallas. hello to all of you. good to have you.

>> hi, thanks for having us. >> hello. >> christine, i want to start with you. tell me how this works. i check into your hotel, is there one doggy running around who greets the guests? who how does this work? >> our motto is one dog at a time. they are usually stationed behind the front desk. we have a play area for them directly where the guests can literally see them when they come up the steps to check in. many times you'll find the dog sitting on the registration counter popping its head up to say hello when folks check into their rooms. >> you come there check into your room, the dog is there you fall in love with the doggy and not allowed to take the dog to your room. at what point during the stay do you have to make a choice if you choose to adopt the dog? at that point does that happen? >> the process is if they are interested in adopting a dog, charlie's angels has a rigorous adoption process where they go online and fill out the application and then kim and her

team review the application. they do a home visit. if they are not in the local area they'll work with resip pro cal agency in area where adopters live and also call the vet and check veterinary references to make sure they are a responsible pet owner. >> what if you are not a previous pet owner? >> well kim, i think they would still like call and check personal references -- >> correct we would ask for personal references and also ask they go ahead and choose a veterinarian and get set up with a veterinarian. >> people can't randomly take the dogs and not treat them well. the idea is to get them in a loving well. the idea is to get them into the loving home and the proper care that they need. website is charlie'sangels animal rescue.com. tell me about the success rate you're seeing the result of the program? >> this monday we will have our 15th dog entering the hotel for

adoption. from the beginning in august to now. >> that's very good and what are your customers saying >> well, the feedback has been overwhelmingly positive.feedback has been overwhelmingly positive, it shows up in social media, our trip adviser reviews and guest satisfaction surveys. again, the fact that about 60% of dogs have been adopted by registered guests at the hotel tells us it's been very well received and our staff loves it too. >> i think it's a great idea, christine. if i come down there i'll visit you at the hotel because i can bring my own dogs as well. >> yes, you can. >> thank you both so much. >> thank you. >> thank you for having us. >> that's great. i wonder if they've got doggie room service? and madonna is once again causing some bit of an uproar after she posts some new photos. we'll tell you what the material

girl did to make a lot of people mad. ice. blogging. your blog is just pictures of you in the mirror. it's called a fashion blog todd. well, i've been helping people save money with progressive's discounts. flo, can you get janice a job? [ laughs ] you should've stuck to softball! i was so much better at softball than janice, dad. where's your wife, todd? vacation. discounts like homeowners' multi-policy -- i got a discount on this ham. i've got the meat sweats. this is good ham, diane. paperless discounts -- give it a rest, flo. all: yeah, flo, give it a rest. out for a bike ride. 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.

a family and friends are mourning the loss of hari simran singh khalsa. he was found dead in mexico. on tuesday he was separated from the group for a short hike and sadly he never came back. we are learning that he texted his wife a photograph and wrote looking down on you. later he texted a friend suggesting he might be lost. his family says it appears that he may have fallen and sustained a fatal injury to his head. well, a slow burning fire and smoke delaying the search for bodies today following that massive ferry fire off the coast of italy. the charred boat was towed into

the italian port early yesterday morning. but high temperatures have prevented search crews from getting inside. officials on scene say they are fearing there may be more bodies inside the garage where the fire first broke out with nearly 500 passengers on board and so far, investigators say at least 11 people died in that fire. but they're still not sure how many are unaccounted for. an apology from single madonna after she sparked controversy yet again which seems to be her forte. madonna apparently doctored a photo of dr. martin luther king, jr. as you can see right there and nelson mandela and others and it's art work for her new album called "rebel heart." well critics called her out saying she compared herself to the two leaders. she said she was not doing that, but they were rebel hearts also. saying she has posted photos of others as well. hmm.

a man of vegas getting more than he signed up for. he got stuck on the zip line, dangling above sin city for more than an hour. emergency crews were finally able to get him down and the zip line company, well they gave him a full refund. >> oh, man. >> see this is why i don't do the zip lines. i went to costa rica. i don't do the zip lines. i'm chicken. >> that's vegas. under some rapids or -- >> doesn't matter, i'm not doing it. >> no zip line, that's fine. we won't do it on vacation. >> exactly. coming up here on the fox news channel, president obama is hitting back against north korea, but will kim jong-un behave or will he launch more missiles and test a nuclear weapon?

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hello i'm arthel neville. >> hello arthel. hello, i'm eric shawn. topping the news, it's a slow and agonizing search for answers. as waves push wreck and around the java sea at the site of the airasia crash. but now they hope there's a possible breakthrough and potentially finding out eventually what caused that crash. plus, winter weather sweeping across much of the nation. making a mess out of your travel plans. brace yourself for another polar vortex. and president obama will be wrapping up his christmas

vacation in hawaii this weekend. when he returns he'll find a congress run by republicans. well, the president insists he wants to work with them. do you think that will happen? the u.s. slapping sanctions on north korea in response to the alleged cyber attacks on sony pictures. it affects three north korean agencies as well as ten officials who are barred from using the u.s. financial system. the white house says this is the first part of its response to the hacking attack. stemming from the controversy over the movie "the interview." peter ducey is live with more. >> arthel, the top technology weapons and intel agencies are all targeted by this latest round of sanctions, so are ten government officials. none of them can visit or trade in the united states. but north korea is already the most heavily sanctioned nation on effort. so some of president obama's critics are wondering why the

white house is thinking that more sanctions will make a meaningful impact. >> this is a very minimalist response for several reasons. naming specific individuals and entities singling them out for sanctions is a very ineffective way to do sanctions. because if you sanction john doe, he disappears and james doe appears or the abc company becomes the xyz company. >> these sanctions come as some private security experts say they have discovered evidence that the north koreans aren't behind the sony hack. instead suggesting it was an inside job. but the white house is clearly sticking by their original theory and blaming pyongyang and hinting at further actions down the line because the press secretary says quote our response to north korea's attack against sony pictures entertainment will be proportional and will take place at a time and in a manner of our choosing. today's actions are the first aspect of our response.

and the chairman of the house foreign affairs committee, ed royce, wants the white house to consider taking action outside north korea now against banks elsewhere in asia that are helping the kim regime operate and oppress. arthel? >> okay peter doocy live in washington. similar questions remaining will north korea get the message or does the u.s. need to hit the rogue regime with even tougher measures? k.t. mcfarland will give us her take later in this hour. and the primary wreckage has been found of 8501. sonar pinpointed four massive objects that are lying on the bottom of the java sea, but extremely rough weather is still setting them back. divers can't get down there to confirm what they have seen on sonar is parts of the fuselage. as the search for the black boxes, well, that's slow going. several dozen bodies have been recovered a week after it

disappeared off radar. in a few moments we'll go live to david piper for the very latest on that recovery effort. iran and six world powers what i be moving closer to a nuclear deal. at least two diplomats saying washington and tehran have tentatively agreed on a formula out outlining areas of a potential agreement. the next round of talks scheduled for geneva. the main point of convention is over a stockpile of enriched uranium. the u.s. and its allies want iran to export most of it. something tehran is refusing to do. well, a ship carrying about 360 syrian refugees has arrived at italy after it was abandoned by the crew. the italian coast guard officials say they include pregnant women and 60 children. they believed to have boarded in turkey.

this comes days after nearly 800 were arrested after the sea was found abandoned by smugglers. today, a last ditch effort to delay the trail for the boston bombing suspect, attorneys for tsarnaev asked for a stay. they said they did not meet the outstanding needs and jury selection is expected to begin on monday. it was two years ago this april that two homemade bombs killed two people and injured others. he's pleading not guilty and faces the death penalty. well, president obama heading back to washington, d.c. first thing in the morning. it's the end of his two-week christmas vacation in hawaii. when he comes he'll be facing a

congress that will be led by republicans. the president though insists he wants to work with the new congress set to convene on tuesday. they have a lot on their plates. dan springer is with the president in honolulu and he has the very latest. hi, dan. >> reporter: hi, eric. president obama said there are areas that he and the republican congress and the congressional leaders certainly agree. one is on cutting the corporate tax rate which at 35% is the highest in the world. another is getting a couple of international trade deals done but it appears that the differences outnumber the areas where the two see eye to eye. and those differences will likely get highlighted right away as the gop lays out the agenda on job creation. mr. obama won't be meeting with republican leaders real soon because almost as soon as he gets back to washington he leaves for three days. wednesday the president travels to detroit to tout the controversial government bailout. and its role in the auto industry's turn around. then he flies to phoenix for a speech on housing and then to

tennessee where he'll talk about education goals. deputy white house press secretary eric shultz says the proposals will be a mix of executive actions and legislative proposals. the president is eager to get to work and looks forward to working with the new congress on policies that will make sure middle class americans are sharing in the economic recovery. republicans are also eager to get going, now that they can set the legislative agenda. >> if we work together, we have a great opportunity to grow our economy and put our nation on solid footing for a bright future. and that's why the house will start off with jobs bills that have bipartisan support, but were never considered by democratic run senate. >> reporter: and one area to keep an eye on is the veto pen. president obama has only used it twice in first six years of his presidency, but he signalled in a late interview with npr just before leaving for hawaii that he's likely to get that thing out a lot more in the coming two

years. eric? >> all right, dan, thanks for the latest. arthel? snow squalls and ice creating dangerous winter conditions. this whiteout causing this 35-car pileup on a snowy interstate in new hampshire resulting in 12 people being injured. and the west coast not immune to the treacherous winter weather. look at this menacing nasa image. meteorologist janice dean is at the fox weather center tracking it all. j.d.? >> this storm, i know that was in the west is moving eastward. we have winter weather advisories for two dozen states including blizzards for the northern plains and freezing rain and ice advisories for parts of western pennsylvania and the great lakes area. but you can see where we have winter weather advisories and we have a warm side of the storm where we are seeing the potential for severe weather including tornadoes across portions of louisiana and

mississippi. tornado watch until 6:00 p.m. within that watch we have had several tornado warnings. this is the latest east of silver creek, mississippi. so some of these cells containing rotation. you need to be seeking shelter immediately and listening to your local weather stations. across the great lakes, the midwest, as well as the northeast we have another storm system pushing here. a lot of wintry weather and winter weather advisories posted as well as where we can see several inches of snow. we have this batch that goes through saturday into sunday. then the cold air moves in with that some very impressive snow totals downwind of the great lakes. but just looking at some of these snow totals over three or four inches but across the mountains six to 12 inches of snow. so the winter weather advisories are posted and the big headline next week -- the coldest air of the season. we're going to struggle to get out of the single digits for many of these cities. dangerous cold winter is

finally here. arthel, eric back to you. >> it is indeed. thank you so much. >> of course. honor, remembrance and appreciation for one of new york city's finest. mourners gathering for the wake in brooklyn to pay tribute to police officer wenjian liu. this coming one week after this occurred at his partner raphael ramos' funeral. that's where some turned their backs on new york mayor de blasio. today, you can see he did not receive the same treatment. both lie and ramos were executed in cold blood shot by the crazed gunman who was influenced by all the anti-police demonstrations. brian innis is live at the wake in brooklyn. hi, brian. >> caller: hi, eric. all day since noon we have seen a steady stream of officers from los angeles to toronto to new

orleans coming in to the funeral home behind me in brooklyn to pay their respects. you outside, it's rainy and cold, but again blue ribbons and banners in both chinese and english, paying their respects to the nypd and officer wenjian liu. about two hours ago, bill bratton and mayor de blasio walked in to the funeral home. officers were saluting and that's not protocol. they spent over ten minutes inside and governor cuomo arriving minutes ago. there's no official eulogies, today. and he was promoted from detective first grade last week. inside there are about 30 family members we are told many who travelled from china. today's wake will include buddhist and chinese traditions. the family has a photo of lui where they're burning paper replicas of valuable items for

the afterlife. take a listen to martin golden, the senator who represents the family here in brooklyn. >> very, very somber. very very -- it moves anybody. we lost a son or your brother or your nephew and the person is only 32 years of age. as the lonely woman sitting there with the family with tears coming out of her eyes who just lost her husband of only a few years -- a few months. so it was really sad inside. and it's really something that's going to take a long time. >> liu was murdered a day before his three-month wedding anniversary. he arrived in the u.s. 20 years ago, he always wanted to be a cop. described by friends as always nice to strangers. he was really living the american dream. last weekend, many officers turned their backs on de blasio

during officer raphael ramos' funeral. commissioner bratton called the turning of the backs an act of disrespect and he discouraged officers from doing any such action this weekend saying quote in the memo, i understand that emotions are high. i issue no month dates and i make no threats of discipline but i remind you when you don the uniform of this department you are bound by the tradition, honor and decency that go with it. moments ago, governor andrew cuomo did speak to the press. of course his father mario cuomo had died and he said he's here with a heavy heart. and that it's really not about him. he didn't want to talk about that. he says that right now it's a time for healing for the community in new york and around the country. he did come here to pay his respects. eric? >> yeah, brian, governor cuomo's viewing and wake will be held on monday and the funeral on tuesday. thank you. >> that's right. we're going to get back to politics momentarily as the new republican congress looking for

an early accomplishment passing a bill to build the controversial keystone pipeline. a full report on what we can expect in the coming days. you know, it's probably the last thing in the world that you would expect to find in the grill of your car. what authorities found and what happened to the driveway. >> that gave me the creeps. and isis may be fighting more than the u.s. what they may be battling now. thanks. ♪ ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ ♪ cut it out. >>see you tomorrow. ♪ ♪

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well, time now for a quick check of the headlines. suspected al qaeda terrorist charged in the bombings of the embassies had died. abu anas al libi died from complications of liver surgery. that killed 224 people including one dozen americans. the world health organization is investigating if isis fighters have contracted ebola. officials are checking if there are ebola patients at a hospital 250 miles north of baghdad. and some good news in the battle against cancer. a report by the american cancer

society says there was a 22% drop in cancer mortality over the last two decades. more than 1.5 million cancer deaths were averted that would have occurred if the peak rates had persisted an this is all thanks to lower smoking rates and better detection. the senate energy and resources committee is set to vote on the controversial keystone pipeline next week, pavingthe way for it to come to the floor. it may lack the 67 votes needed to overcome a presidential veto. molly henneberg has the latest. >> reporter: the president said that the keystone pipeline is not quote a huge benefit to u.s. consumers but they plan to move forward with it as the first order of business in the 114th congress.

the senate reconvenes on tuesday as the republicans expand their majority in the house. on wednesday the senate energy committee will hold a hearing on the keystone bill with a vote expected on thursday. republicans plan to move that bill to a full senate vote after that. gop senator mitch mcconnell who will take over as senate majority leader next week says the pipe line will create quote well-paying, high wage jobs and said that republicans are optimistic that a bill can get through the senate and house and get to the president's desk. president obama however has voiced concerns of the keystone pipeline might contribute to global warming and says there are better ways to create jobs such as public works project. whether the president would set up a confrontation with the new congress or save a veto for another bill isn't clear. >> he will veto anything he disagrees with. i think he's looking forward to brandishing the veto pen because he's hardly ever used it. >> reporter: republicans would

need to get two-thirds majority to override a presidential veto. >> thanks a lot molly. well arthel, with more on keystone and what we expect when the republicans take over both houses next week, especially the senate, we have a reporter from the hill. so i guess keystone xl that vote may be the first shot across the bow so to speak because when it gets to the president's desk if it passes he'll veto it. >> thanks for having me eric and you're right. this is the first priority that republicans are going to put forth in the new congress. in addition we could see some other tweaks to the obamacare law, but really i think that they're setting the stage for a larger fight on the keystone pipe line. >> the president says if they want to dial back on the controversial actions he wants to work more with the republicans. what happens when that lands on his desk he's going to veto it? >> this is the tricky part. because yes, republicans have congress of congress but they don't have the 67 votes needed

for a super majority in order to get past the veto. so yes there are folks like senator joni ernst, a rising republican star from iowa, as well as senator shelly moore kapito from west virginia, helping to increase the majority in the upper chamber but they don't have the 67 votes needed in order to combat the president if he were to veto this as he's expected to do. >> and with obamacare, that affordable care act has the with the 30 hour limit. they want to bring back the 40-hour workweek back to the middle class of america. a lot of businesses cut their hours in order to comply with the obamacare law? >> a great question, eric. you have to remember that a lot of small businesses it's not just big corporations but a lot

of small businesses on main street -- we always talk about wall street, but main street businesses are feeling the pinch because of obamacare and they have -- they really made their case here in washington that by getting rid of the 30-hour minimum requirement, that it would help boost economic growth. another piece of legislation that we'll see early in the next congress is a bill that would not require small businesses to count veterans who already receive health care through the defense department and other veteran services in the obamacare law. but the bottom line is this. this is an opportunity for the president to really show case whether or not he's serious in reaching across the aisle to work with republicans in the new congress or whether he's going to move to the left. the elizabeth warren wing of the party and double down on progressive politics. >> and besides, the iran sanctions in the senate likely to be pass and that could be vetoed by the president.

before this gets to the president on tuesday of course john boehner, house speaker has a re-election. man oh, man, some conservatives are against that. all you need is 29 votes for him to be out of there. what are the chances of that? 60% of republicans don't want him and when you hear to mark levin and others say they want to get somebody else. >> it never stops in washington, right? here we are in the weekend and all of these reports and rumblings coming out today about some trouble potentially for house speaker boehner. we always were watching -- we're watching the progressives battle in the elizabeth warren wing against the centrist democrats. that's on full display, one we chronicled so well, the tea party versus the centrists. i think speaker boehner holds on to it, but i think that the tea party will make some rumblings on the first week back of congress. >> mark meadows out of north carolina put up yesterday, he said he'll ask his constituents this weekend who we should vote

for. whether -- he hasn't decided yet. >> a lot of folks are saying they're undecided and others are not supporting him. so again, i think it's that tension that we have seen where the tea party versus the more established republicans, but they have an opportunity now to no longer be perceived as the party of no and to put policy proposals on the president's desk. to force him whether or not to veto, whether it's keystone, whether it's iran sanctions, whether it's economic packages. so it will be interesting to see how republicans weigh that to look to get on offense as the president closes out his second term in office. >> well, it seems all the leaders in washington have something going on. all right. >> exactly. >> thank you so much for joining us today. >> thank you and have a good day. a big discovery in the wreckage for airasia 8501. why crews might be closer to locating the all-important black boxes in the quest for answers.

and do you have an iphone? well, coming up, find out why apple is facing a class action lawsuit over its latest system upgrade. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know you that former pro football player ickey woods will celebrate almost anything? unh-uh. number 44... whoooo! forty-four, that's me! get some cold cuts... get some cold cuts... get some cold cuts! whooo! gimme some! geico. fifteen minutes could save you fifteen percent or more on car insurance. whoo! forty-four ladies, that's me! whoo...gonna get some cold cuts today!

it's the bottom of the hour. time for the top of the news. indonesia reporting that recovery crews may have found the primary wreckage of airasia flight 8501 after sonar picked up four massive objects on the bottom of the java sea. that's near where that airbus disappeared last sunday. and now authorities say that the airline did not have permission to fly that route on sunday but it did fly it on other days. we have the latest from bangkok, thailand. hi, david. >> reporter: hi eric. looks like there's a break through in the search for the team. search teams using sonar found the four large objects and they believe they do come from the missing plane.

>> we found using our geosurvey ship a ship with the ability to find objects under water. we found four large objects from the aircraft we have been looking for. >> reporter: recovery teams are hoping to send down a remotely operated underwater vehicle to take pictures of the objects. which are about 100 foot down, but bad weather and rough seas continue to make that difficult. so far 30 bodies have been recovered and indonesian official is quoted as saying some were still belted in their seats. it's as though most of the bodies on board the airbus are still trapped inside the body of the plane. ships from many nations including the uss sampson and ft. worth are continuing to search for bodies and debris in the rough seas. the recovery of the black box recorders is key to finding out what caused the plane to crash. but so far, they haven't been able to pick up their signals.

the airasia jet disappeared after flying from surabaya to indonesia. and contact was lost, and the pilot said he was facing bad weather and he wanted to climb. airasia wasn't registered to fly the route on sundays. it could for four other days of the week. and in response, the indonesian transport ministry has decided to suspend all flights on that route over the coming weeks. back to you. >> all right, david piper live thank you. okay eric if you have an older model iphone, ipad, there's a good chance that you're not happy with the latest system upgrade. now, there's a class action lawsuit against apple claiming its new ios-8 system is too big for devices with smaller capacity. and that it is all part of a scheme to sell another product to fix the problem. keesha heben is a former prosecutor. richard st. paul is a defense attorney.

good to see you you both. happy new year. so keesha, they're also saying it's a slow download speed that it's causing. sluggish performance and mainly mainly it takes up to 18 to 23% of the memory space. >> right. >> so hey, apple can do what it wants. class action lawsuit going to fly though? >> i think it will, because apple owes its consumers a duty to give a working product. if they know that this this upgrade is going to cause any older products to crash, just today a good friend of mine had a place on facebook. you know, he was trying to text me and my phone is not receiving any text messages. so it's causing enormous problems and the only way to fix it is to buy the icloud or the new phone which is not fair to the consumers. >> so apparently richard, you know this, but the latest upgrade to the io-8 it was released in late september but apparently apple was forced to reissue it because the first version was causing a lot of the iphones and like you just said, you couldn't make a phone call.

hello it's a telephone mainly. but is it a scheme for the lawsuit, for them to get you to buy another product? >> there's always glitches in the operating systems, right, whether it's the computer or a type of phone. it does -- that doesn't mean it's false advertising. apple has survived this similar lawsuit in canada where someone in canada brought a lawsuit for false advertising for the operating system and that was dismissed. i think that's going to happen here. why? because it's industry standard to provide everybody with the amount of operating space you have and the total operating requirements. it's all -- the operating system is part of the total operating requirements. everybody in the industry does it. >> all right, if you're telling me that you're going to have 16 gigabytes of memory space and then you give me some upgraded system -- operating system that will take up half or a quarter of that, you should tell me that i'll have 75% of memory space. >> that's the problem because the upgrade is optional and i think if apple did give a

warning that look, if you have this particular device this is what's going to happen, people may opt to do that. but they're not giving people that information that make that choice. >> look, there's a fine line between conveniently leaving out something and false advertising. guess what, your phone without fun function without the operating system this is how much space you have. we told you the total operating capacity. but you have to add the operating system. there's no false advertising in there. >> i think apple's wise enough to know what they're doing. they want people to buy the newer versions of their phones, they want people to upgrade to this icloud. which i don't trust as a divorce attorney, i hear too many horror stories about the icloud. but it as a big company. >> there was a movie on the icloud, right? about trying to get your stuff off the icloud. >> i have to tell you i don't dig the icloud either. but wait, as a divorce attorney

you're telling me -- >> so many clients found out what their spouses are doing because everything is on that icloud. they're getting text messages. i don't trust it. >> don't do it. back to the apple thing. at the end of the day, apple wants their customers to be happy. they want good reviews in the court of public opinion but to richard's point, you're saying, look there are usually glitches in new upgrades. but at some point, come on, apple has been around enough to not have glitches. get it right and then release it. >> but right you have the opportunity to get the glitches right but what apple doesn't say to you, you get this storm -- storage and the operating system is not included in that. they do not falsely advertise that. it's all there for you. in fact, when i look at my iphone, i can't even get the io-8 operating system because it says you need 4.5 storage space, you don't have it. >> they're making you buy a

more -- >> i have the option to buy it. i do not have to buy it. >> they're sucking you in. >> no. >> they want you to buy a new phone. >> if i want more capacity, same with your computer, if you want more capacity you have to buy more memory. nothing wrong with that. that's why this lawsuit will be dismissed. >> but your phone can work properly, but in order to have the newest technology you have to put out more money. >> no guarantees for having a newer technology. if you want it, buy it. >> i love it. you know, i appreciate the debate. good to see both of you, enjoy your 2015. >> thank you. well president obama is slapping more sanctions against north korea. you know that's punishment for the country's alleged hack attack on sony. but will even more sanctions

force kim jong-un to behavior? and this time a popular fast food chain with a hack attack that you might visit.

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before you begin an aspirin regimen. the jordanian pilot captured by isis the parents are urging them to treat their son well and with respect. his plane was shot down last week. he's the first known foreign pilot to be taken by isis since the start of the u.s.-led air campaign. the group has executed captured soldiers and notably american and british journalists as well as aid workers but the pilot's father says he's confident his son will in his words be in safe hands and will be treated as a guest. well, president obama imposing a range of new sanctions against north korea. >> will they work? the obama administration's public punishment for the

alleged sony attack targets a handful of companies. k.t. mcfarland is a fox news national security analyst and always good to see you. hello. >> great to see you. >> you know, the definition of insanity is doing the same thing over and over again and expecting a different result i mean, you have to do something. >> right. >> is this going to change kim jong-un's behavior? >> first of all, are we sure it's north korea? if we are sure it's north korea then, you know, a few little slaps on the wrist or telling them they can't visit america that's nothing. they weren't going to visit america anyway. if we're sure it's north korea we ought to do three things. one, serious offense. i mean serious retaliation, not just a few we're going to deny you the ability to visit america, we'll slap some sanctions on one or two parts of the government. no, north korea doesn't engage in the world so sanctions aren't very effective.

but the thing that i look at this and say okay sony last week, who's next? there's more and more of this going forward. and so the united states needs to come one a plan to defend our civilian infrastructure. to defend the american companies and the electric grid. we don't have any defense against that and then finally, what about asymmetric warfare? why don't we tie down that cyber wall that the north koreans have erected around their country? >> they tried that at one point with the one of the associated banks and that didn't change their behavior. how do you get to them? some of the officials are in iran, syria, why are they there in iran, hello, why can't we get there and why can't we get through the guy's thick skull to stop doing stuff like this? >> here's the thing you're right to mention those countries because who are the biggest commiters of cybercrime? it's north korea, iran russia

it's china. it's no accident that the north koreans and the iranians are working together. they're working together on the nuclear weapons program and the missile technology. how do we target those countries? well, what do they fear more than anything? they all use the internet to isolate their population. they don't let their people have access to the world wide web, why? because they're afraid their open people will rise up against them. one of the things we can do in an asymmetric way, tie down the cyber wars. let the north koreans find out what the rest of the world is doing and let their open populations rise up against them. but you're absolutely right. a few little pin prick sanctions on the north koreans that's not going to change their behavior. the terrible thing is that other companies and countries looking at this, well, if that's what they did to north korea that's not so much. they won't do much against us. so let's us go after the american company, a part of the

american infrastructure. it seems to be no penalty for going after americans. >> finally, what can be concerning is their response. remember july 4th a couple of years ago, they pick a day to lob some missiles over japan or something. here's what the "wall street journal" says, mr. kim's birthday is neck week. in 2013, the north koreans conducted a nuclear test on the eve of the state of the union address. do you expect a nuclear test on the eve of the state of the union and should they be put back on the terrorism list? >> for sure, put them back on the terrorism list and will the north koreans do anything to rain on our parade? you bet they'll try to do it. nuclear tests haven't been terribly successful in the past. but i think we can anticipate that they'll either try a missile test or some kind of nuclear test. they don't just lie down and take it even if our sanctions are minuscule.

>> all right. k.t. mcfarland, more undoubtedly to come. thank you so much. >> thanks so much. another popular american company might have been hit by hackers which is oh, boy, all happening again. we'll find out who it is. and what happens oh my goodness, i don't like this video. to this bobcat after being hit by a car.

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well cats big and small really must have nine lives and this story proves it. a.j. michaels was driving in arizona and hit something. when he checked to see the damage, he discovered quite a surprise. that little bobcat thankfully alive but stuck in the grill of his car. >> you have a wild animal, a lynx and the fact that it had basically not used up any of it is nine lives which is a miracle. i felt very badly that it had been hit and i thought that i had killed it.

but it is definitely a new year's miracle. >> wow. well, rescuers were able to successfully free the little critter and the bobcat only suffered a back injury. well, fast food chain chick-fil-a investigates a potential data breach. we're going to bring in kyle harrington. good to see you. >> good to see you, arthel. >> why are these companies so vul ner ra vulnerable, kyle? >> it's happening more than we like and companies are trying to focus on this technological -- as technology advances, they have to get up to speed on how to protect themselves more and

more from hackers who are getting themselves more and more sophisticated with the techniques that they use to break in to systems. so technology can be expensive and i think a lot of corporations are hesitant to spend money in trying times. and so that is an area that i think has made this a little more difficult to prevent the hacking. >> yeah, but here's my question to that, kyle. at some point, look these companies, as you said to pay more money for the technology, for the protection the security of the software they are willing to give -- pay the customer damages instead of paying more money for the secured software. is there a government agency -- is there something -- an agency that could perhaps fine some of these companies? >> it's a great question right? because you wind up paying lawsuit money versus upgrading your technology and i'm sure there's a cost benefit analysis there. but at some point there may be a

governor governmental body that it mandated to help prevent some of this. because we are now seeing a lot of major u.s. companies being hacked into. i do think that there some steps, arthel that can be done to prevent some of this but these hackers are getting more and more sophisticated. >> these companies can't just say, here, customer a, b, or c, here's the money that you lost and instead of paying money up front to secure their software. let's move on because this is about you, kyle. we do a lot of shopping online and you brought along five tips to secure online shopping. you're saying listen, avoid scam and spammy websites. you say clear your cookies. don't use generic usernames. security your ports and use strong passwords. talk to me about that. >> these are little tidbits to

be proactive about as individuals utilize buying, especially over holiday seasons that we just saw. to utilize in order to prevent having your information disclosed and passed amongst people we don't want our information passed amongst. there are specific -- there is what is called dictionary attack, where hackers repeatedly use user names and passwords to try and break into systems. so, like i said they are getting more intelligent about how to do that. we need to be as individuals proactive about, you know, avoiding spammy websites. sometimes you put a password in there and it says it's only fair. don't accept that. go to where the password is outlined that it is strong. a lot of times hackers will move on to people who only have a fair password to break into. it is incumbent upon us to find ways to be more protective but it is scary times in terms of

how intelligent a lot of these hackers have become and you're seeing that at sony and with chick-fil-a. >> indeed. some of them seem like commonsense but apparently we're not using enough commonsense when it comes to shopping online. kyle harrington, thank you. happy new year. >> a lot of stuff you can go through to see if you were hacked. >> how? >> that's another subject. >> well check your bank balance. >> well, of course. >> "a healthy you & carol alt" is up next. i'm back in 30 minutes. i'm arthel neville. local service again. you can easily buy and schedule services from top-rated providers. conveniently stay up to date on progress. and effortlessly turn your photos into finished projects with our angie's list app.

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welcome to "a healthy i'm carol alt. we all love our tea time but are there hidden ingredients even toxins lurking in that soothing cup of tea? the author of "life by the cup" is here to explain the benefits of tea and share the risks with one of our oldest and favorite beverages. also we get the scoop on the sugar impact diet. the creator of the plan shares some facts about sugar that you may not find so sweet. but, first, slipping into a comfortable pair of jeans after a long day of work is heaven for most women. but these