>> have at sunday. >> logon to fox and friends.com for our after show. have a great week, everybody. hello. welcome to a special sunday morning edition of "america's news headquarters." "sunday morning futures" with maria bartiromo will return next week. >> good morning, everyone. topping the news this hour, it's back to reality for president obama. returns from christmas vacation in hawaii to washington later today. he'll face a jam packed legislative agenda. >> opposition for john boehner. ohio congressman is challenging

him. the 7 year old sole survivor of a kentucky plane crash that killed her entire family. first, we begin this morning with a fox news alert. the u.s. embassy in indonesia issuing a warning. the same city where airasia 8501 took off from before crashing into the java sea a week ago today. rescue workers hoping they will soon recover more bodies and wreckage from that flight but bad weather and poor visibility continue to hamper that rescue effort. david is live for us from thailand on this recovery. hi, david. >> reporter: it's now over a week since airasia plane was lost and despite the best efforts of those rescue teams,

they still haven't been able to explore the body of the plane on the ocean floor. more bad weather stopped attempts to try to confirm that five large objects found by sonar at the bottom of the java sea are parts of the missing airasia plane. indonesian officials are confident that items found by sonar 100 feet down are parts of the aircraft. there was zero visibility and the sea was too rough for an underwater vehicle to be used to take pictures of the objects. search and recovery teams have recovered four more bodies from the java sea. 34 bodies have now been recovered. the airasia airbus went missing last sunday morning. the indonesian air airbornefeel bad

weather caused the engine to stall. indonesia is a muslim community but this disaster hit the local christian community hard. meanwhile, the u.s. embassy in jakarta issued a warning to americans about a terrorist threat against u.s. interests in surabaya. some indonesians are believed to have traveled to the middle east to support isis and despite a government crackdown, there are some supporters of that movement in indonesia. back to you. >> all right, david. you'll have the latest if they have anymore information on what they have found at the bottom of the sea. thanks. newly elected members of congress set to be sworn in this week. the ceremony will take place on tuesday. the freshmen lawmakers are already facing a packed agenda with major battles over the keystone pipeline obamacare and immigration looming in the weeks ahead. peter is live from our d.c.

office. >> mitch mcconnell is looking forward to working with democrats because he has to. >> we need to do both. we need to both look for areas where we can make progress for the country and we need democratic senators because we have 54 and not 60 and we're going to need a president of the united states. there are other areas where we're not going to agree. what i hope senate republicans will present to the country is a conservative right of center governing majority. >> reporter: some democrats are already onboard. it's up to president obama to decide what happens with the keystone pipeline. >> we're frustrated that it has taken this long. >> how are you going to vote on this? >> i voted to allow the process to continue. >> that means in favor --

>> to allow the president to make a decision. i'm getting very frustrated with this. >> reporter: in the house not everyone in the republican conference is settled on speaker boehner for another term in leadership. this morning a congressman from texas threw his hat in the ring for upcoming speaker election because he's unhappy with decisions and deals boehner has made since 2011 and he joins another republican congressman as alternatives for speaker. >> so you're going to be busy there in d.c. in a few moments we'll have a lot more on whether john boehner could be dumped. that analysis coming up. after 6 1/2 years, hike huckabee is saying good-bye to his show on the fox news channel. he joined our network after an unyou can unsuccessful run for president in 2008. the governor will make a decision this spring on whether or not he'll make another run at the white house. here's what governor huckabee

had to say. >> there's been a great deal of speculation as to whether i would run for president and if i was willing to absolutely rule that out, i could keep doing this show. i can't make such a declaration. now, i'm not going to make a decision about running until late in the spring of 2015. i say good-bye but as we say in television, stay tuned. there's more to come. >> as you know, the governor could be joining an already potentially crowded field for gop candidates that include as you see here, florida governor jeb bush, florida senator marco rubio and kentucky senator rand paul. snow ice and rain providing some dangerous conditions out in the midwest. as well as the northeast. check this out. this 35-car pileup happened on an interstate blanketed in snow in new hampshire. 12 people were injured but all of them thankfully are expected

to be okay. forecasters are warning this snow is just the opening act and that we should expect to feel some arctic temperatures over the next few days from the midwest to the east coast. there is heartbreak and mourning here in new york city that continues as new york bids farewell to a fallen officer. it's the day of the funeral of officer wenjian liu. police from all over the country are attending the service later today. officer liu was one of two officers as you may remember executed in cold blood as he sat in his patrol car with his partner in brooklyn just over two weeks ago. we go to the funeral in brooklyn now. hi, brian. >> reporter: good morning. right now we have this officers that are beginning to gather at the funeral home in brooklyn for officer wenjian liu. we have officers going in right now into the funeral home. the ceremony set to begin at

11:00 a.m. friends and family say officer liu always wanted to be a cop. it was his american dream and today more than 20,000 officers from around the country, many of them who he did not know, are here to pay their respects. today officer wenjian liu will be buried at the same cemetery as his partner. both men were murdered 20 minutes away from where the funeral home is today two weeks ago today. the arrangements were delayed because much of his family was traveling from china. they are here today. we can expect a cultural mix of chinese traditions and nypd traditions and expect the service to have buddhist monks but traditional nypd pallbearers. new york city motorcade and the helicopters that will be all here today. again, we also -- the services will feature also as we mentioned the police officers are here from all over the

country from arizona and boston and even from california. take a listen. >> it's the brotherhood of police officers. we have to stick together. we do a tough job. put our lives on the line for other people we serve in our countries and in our community so we have to stick together. >> reporter: they got to stick together. nypd police commissioner bill bratton and new york city's mayor bill de blasio did visit the wake yesterday for about ten minutes. they are both expected to speak today along with fbi director james comey. they'll eulogize officer liu. officers were discouraged from turning their backs on de blasio last week. we'll see if they heed that warning today. right now it's all about honoring officer wenjian liu and his service to this country and to nypd. >> that it is. of course as new yorkers, we

have heartfelt thanks to all of those officers from across the country who show that support. >> absolutely. federal investigators expect to arrive at the scene of that tragic plane crash in kentucky where a brave 7-year-old girl was the sole survivor. so far faa has said the small plane reported engine trouble and just minutes later lost contact with air traffic control. we're also learning new details about the little girl who walked away from the crash. family members say she was able to find her way to safety thanks to survivor skills taught to her by her dad. her father who was the pilot of the plane, was reportedly experienced and had been flying since he was 16 years old. >> just astounding. thank goodness she's okay. >> prayers to her. >> absolutely. have you heard about this? the tussle for the top job in the house. speaker john boehner is expected to face spirited competition from his current position from among others that guy on the

right. congress returns to work. coming up, we'll tell you who else is throwing their hat in the ring and what it will mean next. north korea lashing out at the u.s. what it's saying about the new sanctions it's been hit with related to the cyberattack against sony. coming up a governor often mentioned as a possible contend contender talks about what we can expect straight ahead. thanks. ♪ ♪ [ male announcer ] fedex® has solutions to enable global commerceat can help your company grow steadily and quickly. great job. (mandarin) ♪ ♪ cut it out. >>see you tomorrow. ♪ ♪

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the result of the midterm elections will be evident when congress reconvenes on tuesday as republicans take control of both chambers. there's still one more important election to go and that's the one for house speaker. john boehner expected to clinch it again and lead a newly empowered republican force but not all house members want him back. some conservatives and tea party members saying that mr. boehner is the wrong choice to lead the house including texas republican congressman louie gomer who says he'll challenge boehner and run for speaker himself. here's what gomer had to say about that earlier today on "fox & friends." >> it really is time for a change. you deceived us when you went to

obama and pelosi to get your vote. you said you would fight amnesty tooth and nail and you didn't. this was august of 2010. if we get the majority boehner will serve one term. he'll not serve more than one term. they were wrong. i was right. it would take a fight to change speakers and that's what it's time to do. >> is there a coup by conservatives? will boehner get dumped? >> no. he only had a 12-vote republican cushion two years ago and not enough republicans defected then to have him lose his job. he'll keep his job. i'm not saying that dissidents don't have legitimate complaints. when you make trains run on time in congress you run over good government. i'm appalled that congressmen have three hours to read a bill

that is hundreds of pages long. john boehner doesn't have a plausible alternative that people are rallying around to worry about. if a paul ryan were running or someone with stature but as much as i love louie, he's not going to get enough votes to prevent boehner from winning. by the way, that would mean then that they would have to come up with somebody else on the republican side and i don't know if they could agree on someone. >> there's dissatisfaction with boehner who think he's been too accommodating and sold out republican conservative principles. all he needs is 29 defections. >> that's never happened in the history of a house that you had that many defections. in addition, boehner has a much bigger majority. his majority was small two years ago. i think you might have had to make accommodations to get democrats. if boehner continues to be accommodating and continues to violate in some people's minds principles with a much bigger

majority in a republican senate, complaints become legitimate. as of right now, again if you don't like john boehner who is your alternative? i haven't seen anyone who has proven they can do the job better or get the votes to accomplish that. >> what's the message when some members of the house not only say they are challenging him but they won't vote for him. >> nancy pelosi had that problem. several democrats refused to vote with her over and over again. didn't affect her power. >> you mentioned having the trains run on time or not. tom massie said he won't vote for boehner. i discovered significant source of all of the dysfunction. he said they misled members. they give members less than 72 hours to read bills over 1,000 pages. remove members from committee because they voted upon

principles that they campaigned. it's any wonder washington no longer works for the people. there's a message out there from some who say enough is enough. they don't want to continue this way. they have to change the way washington works. >> whatever the house passed the last two years was blocked in the senate by harry reid who had almost no votes allowed. if the republicans have control of the senate, don't make the thing work and then i think the complaints again become much more legitimate. the real complaint that mr. massie should have is harry reid and democratic senate. it was almost a given that whatever the house sent over would die in the senate. >> now that that's not the case -- >> i think you can judge them on their performance and on their promises and whether they fulfill those commitments. >> if boehner is re-elected on tuesday as you say is expected and there are some votes that peel off, what do you think those ad by boehner votes will say? >> they'll say there's some dissatisfaction and there should

be. again, i don't see anyone out there who demonstrated they can do a better job than john boehner. it's a diverse caucus and who can get votes to become speaker. >> all right. that's what makes elections so much fun. thank you so much. if a republican wins the presidency in 2016 it will likely be with the help of ohio. the state's governor recently sat down with maria bartiromo on "sunday morning futures" to talk about that as well as the turnaround of the buckeye state's economy under his leadership. >> governor, it's really interesting to note that no republican has ever been elected to the presidency without winning ohio. what is it about ohio that is so important, do you think, in these races? >> i think we're a snapshot of the country. we have urban suburban, rural. we are very -- you know very

diversified state. the ability to communicate to people across the country can be reflected in a thumbnail here in the state of ohio which makes ohio an exciting place and i think it will hold true that republicans want to win the white house and they'll have to come to ohio and win. >> when you look at how the economy in ohio is changing, what's behind that? you mentioned cloud commuting, engineering, healthcare and technology. >> we're focused on it. we know that ohio for a long time relied on the old line industries and we love them. it's sort of like make new friends but keep the old. we love the old industries but they are now getting into advanced manufacturing and bringing technology but we also know to create excitement in our state things like cloud computing and data analytics and advance energy and things that can flow from energy or from data centers, that's the thing that gets young people excited.

that's the things that will draw people to our state. we have a big challenge. we are working on workforce. we're improving our education system. we have to continue to promote that and you have to take a range of things. people are pessimistic about the state of america. over 60% of ohioans think we're headed in the right direction. the key now is to have team work here in the state. if everybody gets and keeps their own marbles and hides in the corner we won't have the tax reform we need. we won't have reform of social services that we need. so my job is to try to convince people that there's a better way to do things and we're better when we're unified than when we're fighting and we have to think about what do we want to be remembered for?

if we put that into the quotient out here we'll continue to grow and transform ourselves into one of the great states in america and one of the great places that people can see around the world. >> you've had job creation as a top priority and it's been working. let me ask you -- >> you are such a smart business person. we privatized our economic development operation. we don't run it out of the state anymore. we created a not for profit entity called jobs ohio and have hired people who can speak about the sectors we want to promote. in financial services, we have a financial service expert. you can't go to jamie dimon and ask him to give you a tutorial so we have people that can speak to job creators and we move quickly and are focused on things we think will allow the state to rise economically. it's the most unique economic development program in the country. >> as we mentioned at the top of the show, maria is enjoying well

deserved time off but she'll be here next sunday here on fox news channel live at 10:00 eastern for "sunday morning futures." be sure to tune in. sad news in the world of sports. sports fans and the broadcasting industry this morning mourning the loss of a longtime anchor. espn stuart scott has lost his battle with cancer. it happened this morning. the sportscaster anchor inspired many people with his brave fight against the disease all while continuing to stay on the air. scott well known for his catch phrases when calling highlights worked at espn for 22 years. he leaves behind a wife and two daughters. stuart scott was only 49 years old. >> very sad. a great man. he will be missed. >> he will. nebraska medical officials announcing that a u.s. healthcare worker will be heading to a biocontainment unit in omaha this afternoon. coming up, we'll have details on what's going on. also the trial for the surviving suspect in the boston

marathon bombing set to begin tomorrow. the challenges for the defense and the prosecution. that's coming up next. hey! guess what day it is?? >>hump day! hummmp daaay! it's hump day! >>yeah! >>hey mike! mike mike mike mike mike! >>mike mike mike mike mike. hey! he knows! hey! guess what day it is! hey! camel! guess what day it is! >>it's not even wednesday. let it go, phil. if you're a camel, you put up with this all the time. it's what you do. (sigh) if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. ok...

it's the bottom of the hour. time for top of the news. air force one touching down in d.c. the first family returning from their vacation in hawaii. president obama will face a congress in full republican control when the capital gets back to work. the president will hit the road promoting policies he'll highlight in his upcoming state of the union address. nebraska medical officials announcing that a u.s. healthcare worker exposed to ebola while working in sierra leone will arrive at a boy biocontainment unit in omaha this afternoon.

the patient will be observed for signs of ebola during the 21-day incubation period. isis in syria slammed with a new round of air strikes. six hitting strategic locations in kobani and another taking out a tactical unit in iraq. north korea responding to those brand new sanctions from the u.s. this morning. a foreign ministry spokesman saying they are groundlessly stirring up bad blood. and they say the movie, "the interview" that sparked the alleged attack by korea will increase their will to maintain sovereignty. the u.s. sanctions affect three north korean companies as well as ten government officials. some of them live in iran, syria and russia and they are now barred from being involved in the u.s. financial system. jury selection is expected to start tomorrow in the trial

of the surviving boston bombing suspect dzhokhar tsarnaev. an appeals court denied the attorney's effort to move the trial out of boston. tsarnaev is accused of setting off two homemade bombs that exploded near the race finish line killing three people and injuring 260 others. tsarnaev has pled not guilty to 30 charges. if convicted he faces the death penalty. joining us now is doug burns, a former federal prosecutor. doug, good to see you. the first question out of the gate is defense. does defense have any argument to avoid the death penalty? >> it's an extremely hard case to defend obviously. first of all, you know, you take the horrific nature of what happened which puts you behind the eight ball apart from the evidence but then you go to evidence and, number one he made a lot of statements to law enforcement virtually all hang together. you have all of the incidents with the roommates being

convicted and implicated in moving evidence. then you have obviously people who saw his face that day. you have surveillance videos. i could go on and on. it's going to be very hard to defend. having said that as a defense lawyer, you still want to try a good case and make all of the applicable objections you should be making and make correct legal arguments. now, to your question about the death penalty, that's also going to be an uphill battle. doj was required to file a notice of their intention to seek the death penalty. they did that. i read through it. not surprisingly, they cite things like multiple killings, use of explosive devices and use of weapons of mass destruction. those are very very strong. and it's going to be extremely difficult and many experts have said and they are probably right that during the trial itself you may want to try to have your focus on the death penalty aspect and somehow humanize him but i view it as a very hard assignment for the defense.

>> you have perspective of 1,200 per perspective jurors. what are they looking for? >> when we pick a jury in a federal criminal trial and i've been in many over the years, they bring in 100 people. >> 1,200 this time. >> that's remarkable. and that speaks of the issue that the defense raised when they wanted a change of venue which is we can't get people who haven't heard about this and been saturated with the media. that's not the test. the test is can you put that aside and say i can be fair and judge the case on the evidence i see and hear in court. who do you want? my colleagues and i were always debating this as we pick juries. you want to get as much diversity as possible on the sense that you are only trying for a hung jury. you're not setting your sights on convicting 12 people he shouldn't get the death penalty but you set your sights on

causing a problem. >> what if there's a hung jury? >> they get to redo it and then there's a point of time where there's a limit and you can't redo it. i think this is a strong death penalty case i have to be honest with you because of the horrific nature, the multiple killings, use of the explosive devices. i think it will be an uphill battle. this is important. remember, this is in a federal court in massachusetts. >> state of massachusetts death penalty is banned by state law but it's a federal charge. >> there are two points on that. one pro death penalty and the other against. it doesn't matter that the state where the federal court is located doesn't have death pent penalty but jurors are from that region where there is no death penalty. you want stern law and order types and people who are going to really want to throw it down the gauntlet on this thing. >> we already know that the

change of venue request by tsarnaev's attorney was denied. expecting any other maneuvers by defense? >> i think it will start tomorrow with jury selection and it's a good question but the point is they kind of -- these were last two motions which was adjourn the trial, move the venue, they lost on both and i think it starts tomorrow. >> trial expected to last three to five months. we'll talk about it again. doug burns thank you. good to see you. eric? >> governor mike huckabee bowing out from his long running program on the fox news channel. a move as he continues another possible presidential run. for a look, howard kurtz joins us. hey, howie. >> a wide ranging interview m coming up. fascinating questions. how serious must huckabee be from 2016 to give up this lucrative television perch and we saw it with ben carson

leaving fox. how much advantage for the former arkansas governor to have had the fox platform for the last 6 1/2 years and how much could that help him with republican primary voters if he gets in? >> how do you gauge that? how do you gauge the possibility of having a very visible venue and perhaps using that for political reasons down the line? >> i think it's worth its weight in gold. what you want is to be out there commenting on the news to be in the public eye. it's hard for somebody not holding public office to have that spotlight. you have to show every saturday and sunday on fox and a lot of republicans watch fox. i think this helps huckabee. it doesn't solve all his problems in terms of his record in arkansas and how much money can he raise but it sure doesn't hurt. >> as an objective news channel it's interesting. he said continued chatter put fox news in a position that is not fair to them so it certainly is interesting when you have this type of dynamic and i got to tell you, he's got a book coming out? god, guns, grits and gravy.

that's a lot more exciting. >> the continued speculation is that huckabee was hiring operatives and looking for office space so he's been slowly moving in this direction for a while. >> i ain't going to ever run for anything. thanks howie. >> did someone mention grits and gravy? i'm ready for that. the president's affordable care act facing opposition in the new republican congress and also the supreme court. can obamacare make it out of 2015 unscathed and pope francis adding new faces and why they may be the most diverse group yet.

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pope francis naming 15 new cardinals from 14 countries around the world. they come from places like vietnam, burma and ethiopia. the new cardinals "show the tie

with the church of rome to churches in the world." new cardinals will be formally installed on valentine's day. republicans preparing to flex their new found muscle on capitol hill and go after obamacare rallying around a case in front of the supreme court. that case targets subsidies that are at the heart of obamacare and it could blow apart a key part of the law. will there be a change in the president's key legislative achievement? joining us now for a fair and balanced debate, our fox news contributors. happy new year. tony, what do republicans have waiting in the wings to potentially replace obamacare? >> look if the supreme court rules against the federal exchanges being able to distribute the subsidies, that's a game changer and then you can

go after real meaningful reform that republicans probably would not have been able to do prior to 2016 because president obama obviously would veto them all. that notwithstanding, you have had two years of republicans passing bill after bill in the house many with bipartisan support. eliminating 30-hour workweek. all passed with significant bipartisan support. the only one that made it to the senate in nonbinding budget bill was the medical device tax bill in the senate 34 democrats supported it. there's a lot of these smaller more incremental fixes that have precedent that could face both houses and president will have to decide. >> is there going to be a sweep? >> i don't know whether there will be a sweep or not. i will tell you that if the supreme court does not uphold this, then there is going to be a problem because the republicans have got to come up with a way which so far they

have not, that people who do not have means can get health insurance. some of us believe healthcare is a right and not a privilege and you guys don't. do you believe it's a right? >> the biggest misnomer was that people can't afford -- poor people would not have access to medical care. we have medicaid. that passed in the '60s with three-quarters of congress supporting it. gerald ford was one of the key supporters. obamacare never focused on affordability. republicans can preserve these high-risk pools wilehile expanding the free marketplace. >> number one, they haven't done that. two, medicaid does not take care of people who may be working and now you want to get rid of this 100-person employer mandate.

how do you deal with the fact that people who are not eligible for medicaid still can't afford insurance. >> you have the free market drive down the cost which is where you eliminate the exemption. look at the employer mandate. the administration has delayed this indefinitely. republicans and democrats have voted in congress in a bipartisan way to eliminate it. what is the better course of action? transparent legislative -- >> you have other issues. not just employer mandate. you have medicaid 10 million or so more on medicaid. you have doctors being cut. and jonathan gruber in a speech basically admitted that obamacare doesn't work. it's unbelievable. here's their view on this. quoting gruber. you can't mandate insurance that's not affordable. cost controls could just come later after everyone was covered and one way to control costs, he explained, would be to tell patients they can't have something they want so long with

a lack of affordability there isn't a full patient protection under obamacare either. patients can be denied care. this is gruber in 2009 at syracuse university saying we got this law but -- >> gruber goes up and down. where tony and i will agree is that doctors practice defensive medicine because of the malpractice. tony and i will agree that there's got to be some changes in malpractice. shocking that we agree on that. >> there are many small things the republicans can do in a bipartisan way to change this law. there has been precedent through prior house bills. in long-term leading up to 2016 depending on how the supreme court acts on this particular matter republicans can and will outline a vision that is a free market orientated solution to driving costs down while keeping quality up. >> the last word is i want to see the people who are not insured get insured. >> most americans are insured. 95%. >> we'll see. that's the fight.

back on the hill starting next week. thank you. sandwich maker jimmy johns under fire for noncompletee noncompete clause in their contracts. how this could impact the u.s. workforce. so you're looking for a loan? how's your credit? i know i have an 810 fico score, thanks to the tools and help on experian.com. and your big idea is hot dogs shaped like hamburgers? nope. hamburgers shaped like hot dogs. that's not really in our wheelhouse... you don't put it in a wheelhouse. you put it in your mouth. get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions.

you know vacation is over when that door officially opens. you're looking at air force one at andrews air force base. the president and the first family arriving back after their two-week vacation in hawaii. certainly when that's door opens aye he's going to get two shocks. one, it's a lot colder in maryland than it is in hawaii. number two when that door opens, he's going to be facing a republican-controlled congress this week. so we've been discussing what is ahead, what that could mean. so as we wait for the door to open, it will be a new year and a new challenge for the president of the united states. so i guess they -- they have to pull those stairs up. >> they need to. but he's back home. back in the states. so you generally hear of high powered ceos having

noncompete clauses in their contracts, right? but now the same is being asked of fast food workers. a former employee is now suing sandwichmaker jimmy johns. she says a noncompetition agreement she signed while working with the company stifled her job prospects when she left. how common is this for low to middle paying companies and what impact could this have on the workforce? joining us now is ed about you towski. good to see you, ed. happy new year. >>, too. great do you see. >> what do you think about this? is this common and is this going to affect the workforce overall? >> as i researched this, i found out it's a lot more common than i originally thought. we have some common compete contracts in our business because we have a lot of sensitive information. but in terms of jimmy johns and other services, for instance, there's one company in chicago, a maid service that has them sign contracts. it actually is one of those

situations where you can see both sides and make a strong argument for both sides. as an employer, it costs a lot of main to train people and to acquire new customers. so if somebody leaves, what you have to do is go out and get that customer back. jimmy johns? that one i have a tough one with. i understand they're trying to recoup their costs in some ways by keeping an employee there because it costs a lot of money to train people. but with some of these over businesses, it can be a devastating thing to lose a customer. i folk to a friend of mine this morning who runs a pool maintenance company. he says he has not put one in place yet, but a friend of his who runs a similar business who of the employees left and took the majority of the customers with them. >> you don't expect that at a place like jimmy johns. you're not necessarily going to bring your customers with you. you mentioned that maid service

a cable tv installer erer michigan. in october democrats in congress asked the u.s. federal trade commission and department of labor to investigate. where a do you think is going to be the fallout here? >> i think you're going to continue to see these. both sides need to be protected. fox news highlighting this story is brilliant for everybody. it gives people their eyes wide open. so when you go to get a job at a jimmy johns everybody watching this needs to know when they sign that noncompete, don't sign it until you know what's in it. when you put your name to something, you should agreeing to it in writing. so i do believe this is going to continue for a while. the nail salon sounds like nothing, but i know my wife will only go to one person.

if that person leaves and goes from one place to the other she's going to follow that lady. so there is some power in having those customers and making sure you don't go across town. jimmy john's, i don't get that one. i don't know how much training goes on in terms of making those sandwiches and delivering those sandwiches, but you know what? if you sign that agreement you have to abide by it. >> two things. you make a really good point about raising this issue. let's face it. we sign contracts and we have attorneys and is such to look at our paperwork. but when you go to work at a place like jun jimmy johns, you're not expecting it and most people probably don't even read it. i think you're right to say this will bring more attention toits and people will pay attention. as far as your wife with the nail salon, let me tell you something, i have pushed a pedicure stretched it by about three weeks because i was going to l.a. and there's a lady there

that i love 1k3 i waited to see see her. any final thautsdz on this situation here that we're seeing? >> well, the final thought again, both sides, the employer i understand it. the employee? open your eyes and know what you're signing. if you don't like what it says don't sign it and try to find another job that you can feel comfortable signing something. there is a reason. there is a cost to train people and a cost to acquire more customers. >> good point. ed, thank you very much. >> great to see you. thanks. the funeral for new york city police officer wenjian liu is set to get under way sharply.

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on the first buzz meter of 2015 this sand, mike huckabee with a bombshell announcement that he's leaving fox news to explore a presidential campaign. >> i'm not going to make a decision about running until late in the spring of 2015. but the continued chatter has put fox news into a position that just isn't fair to them. >> which means he's running. why elt would huckabee giving up a lucrative tv career? and how much has the fox gig boosted his chances? a media come back from president obama. getting positive press from the left on cuba, for an improving economy that is called the obama boom.