to decorate the tree and during that time, someone left a diamond ring. >> you think it's a donation or somebody wanted to get married? >> forgot it? >> maybe somebody's proposal engagement gone wrong. >> available on demand. bill: good morning, a new day a new week and a new normal. congress getting back to work and for the first time since 2006 republicans control both the senate and the house. >> martha: happy 2015. republic dance are promising immediate action on a number of big issues they have been wanting to take action on for quite some time. mitch mcconnell laid out where he thinks republicans will plan

to start. >> i think jobs and the economy are what consumers are concerned about. they want us to act. approving the keystone pipeline which would put a lot of people to work almost immediately. martha: nike man well is with us from washington. mike, how are they going to do that? >> reporter: republican leaders believe helping the middle class and the economy can be an issue with president obama. republicans argue that will put thousands americans to work almost immediately. some democrats will likely say with gasoline prices low there isn't any great you areien i to build the pipeline.

*. >>.we have not liked the actions that have been taken since the laip duck. the bigger issues require the president to be involved. >> reporter: republicans continue to say obamacare is a terrible piece of legislation so there will be repeal votes and classifying a full-time worker at 40 hours instead of the 30 it is under obamacare. martha: in terms of the foreign policy issues out there, a lot of people want to know what the next move will be for the president where cuba is concerned. >> reporter: senator corker is

a big one. a top democrat says the obama administration didn't get much in the negotiations. nothing about political freedom democracy and human rights. >> whatever lack of information i was given as one of the few cuban americans on the senate on the democratic side. what it is is about the 10 million people in cuba who got a bad deal. >> reporter: they would like to set up an embassy in cuba but it will be hard to get an and bass doer confirmed. bill: byron york, good year to you. good morning. what is the peck takes at the moment? -- what is the expectation at the moment? >> reporter: you heard

mcconnell talking about the keystone pipeline. it will pass with a huge majority in the house and probably 63 votes in the senate including democrats. everybody will be looking at that as a sign, is the president going to cooperate with the new republican congress or hunker down with the left wing of the democratic party to fight it. republicans right now generally do not know what the president is going to do. bill: how successful, perhaps how tough will republicans be on the president? >> republicans see their job as two-fold. the first is to get some stuff done. they call it putting some wins on the board. they believe the american people want them to do these things on

the economy measures, they want them to pass and they want to send them to the president to see what he does with them. the second part of their agenda is to prevent the president from making 2015 another year of action. remember a year ago he promised 2014 would be a year action? he made good on that promise with immigration and cuba and the environment. i think republicans will use the power of the purse as a way to control what the president does. bill: we expect more executive thanks the coming months. do you believe it will be a productive congress? >> i believe it will be more productive than the last one. we heard mitch mcconnell saying there will be regular order. he will allow amendments to work

through the legislative process in a way harry reid did not allow republicans to do. there won't be big big bills because republicans and democrats disagree on a lot of big stuff. but i believe you will see a lot of measures pass congress and then it's the president's decision what to do. martha: so many of these incoming freshmen congressmen won their campaigns because they promised to deal with obamacare and immigration. we'll talk with senator-elect from oklahoma. bill: one of the newbies. bill: mike huckabee is saying

good-bye to a show here at the fox news flannel. he told his audience that show will be his last as he considers another presidential run. here is huckabee. >> the honorable thing to do at this point is to end my tenure here at fox. as much as i have loved doing the show, i cannot bring myself to rule out another presidential run. bill: he won the iowa caucasus six years ago. you can't raise money if you are working here. martha: every time there is a presidential poll he shows up with big numbers. good luck to him. martha: as jury selection gets underway today in the trial of

the boston bombing suspect dzhokhar tsarnaev. this comes after a appeals court denied a delay. three people were killed in the explosion and 260 people were injured and many of them are still struggling with those injuries today. molly line joins us with more on this. what to do we expect to happen in court today? >> reporter: first off outside of the building there is a big security presence. the u.s. coast guard tonight back of the building. the boston federal courthouse is on water so the coast guard is flanking the back in the harbor right now. despite the best efforts on the part of the defense team trying to move the trial out of boston and delay the trial.

jury selection is getting underway. the jurors will be pulled from a pool of 1,200 people. this could be a very very long trial. expected to last possibly for months. the witness list could potentially be very, very long in the hundreds. beginning with the simple thing of spectators who were there when this bombing occurred. a long day ahead. they will be filling out questionnaires. and for the next three days that will be pratt says. there will be a group of 200-250 jurors and that will go on through wednesday. martha: obviously you can understand why his representatives will argue they need to moist out of this area. everything in boston were so personally affected by this crime. so it's going to be tough to

find a jury that they can say will be unbiased. big challenge. >> just a large number of jurors being pulled in for this case. how much work is going into finding these jurors a square jury. this is a death penalty case. tsarnaev * is alleged to have carried bombs to the site. pose bombs allegedly put down and set off in the midst of a huge crowd filled with women and children. two women and a child were killed right there at the finish line. because this is a death penalty case, that will and big thing asking people who will potentially sit on this jury, how they feel about the death penalty. bill:

bill: bundle up, america. the weather map is showing no mercy. the temperatures are on the way down. more on the deep freeze and the polar vortex coming your way. martha: the u.s. troops look to make an exit at the end of this year. why he thinks the united states should rethink withdrawal. bill: a courageous little girl, 7 years young the only survivor of a plane crash braving the elements to find help and live. >> her leg was beat up, looked like somebody had been beating her with a switch. her nose was bloody and she was trembling and crying. she fold me her mom and dad were dead and she had been in a plane crash.

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what makes it an suv is what you can get into it. ♪ [container door closing] what makes it an nx is what you can get out of it. ♪ introducing the first-ever lexus nx turbo and hybrid. once you go beyond utility there's no going back. martha: bad weather is hampering the recovery of the aircraft and victims of airasia flight 8501. the airport operator and officials in the control tower were suspended. the airasia flight was not authorized to fly that route on sunday, the day of that crash.

>> we have to repeal this healthcare law. it's bad for providers and nurses and patients. we are going to put on the president's death at a minimum stripping away the most damaging parts of obamacare. will the incoming lawmakers deliver what they promise during that campaign. my next guest is a member of that freshman class. congratulations and thank you today sir. you talk about obama care as a disaster during your campaign, a successful one against kay hagan. you say it's time to clean up this mess. what are going to do to clean it up. >> we have to repeal at least the most onerous portions

according to barrasso? what are the most damaging parts of the law. >> if you take a look at what businesses are doing to react to the regulations going from a 40-hour workweek to a 29-hour workweek. if we do those thing we can remove a lot of disruptions to businesses. but the overarching plan is a bureaucratic nightmare. it's a trillion add to our debt when we are already $18 trillion in debt. we need to go center right on this issue and get as much support as we can. >> i hope that the president will recognize in retrospect now that they read the bill and understand what's in it that there are a number of thing they

should never have passed into law. i think we'll have sufficient votes to send something to the president's desk fairly soon. bill: whether it's obamacare immigration or the economy or the keystone pipeline, there is plenty to shoot at. this is what john boehner and mitch mcconnell wrote before christmas. a renewed effort on the bills that passed the republican-led house that were never brought to a vote by the senate majority. now you have a new reality in the senate, what will you do with it? >> senator mcconnell will reestablish regular order. we'll start sending legislation to the president's desk. when the republican people voted for republicannia majorities -- for republican majorities they voted for people who will get

the economy back to a sustained reconsider are you versus this limping along we have been doing. bill: you are already taking shots from the right. ken cuccinelli said it would be nice if the leadership had the interest or will to fulfill the limited campaign promises all their people were running on. >> as someone who took over a democratic majority and had to work with the democraty majority, we need to have patience and confidence in our leaders and not start taking shots before we even get sworn in. i think we are going to do a lot of great things. while convinced we are going to do it. bill: i asked this question of

byron york. are you optimistic this will be a more productive congress? >> absolutely, yes. bill: thom tillis from north carolina. the swearing in is around noon. we'll be watching it from here. martha: it's getting chilly outside. they are calling it the polar vortex part two. dangerously cold weather roaring in with temperatures 30 degree below average in some parts of the country. we'll tell you how cold it's going to get where you are. bill: a wreck that killed everyone on board a mane except a 7-year-old girl. >> the plane was upside down. her family was unresponsive. she utilizing her non-injured

hand and arm to free herself from the aircraft. hello... i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

martha: very sad and very amazing story of a 7-year-old girl who was the only survivor of a small plane crash. investigators hope she can shed some light on this deadly accident that happened friday night in kentucky. both her parents her sister and her little cousin were all killed in this crash. but somehow she managed to pull herself out of the wreckage, mike nearly a mile through the woods and she found a door, a home, and knocked on that door and asked for help. >> she told me her parents were dead. i asked her how she knew that.

she said i tried to wake them up and i couldn't wake them up. martha: where does the investigation go from this, laura? >> reporter: an incredibly sad story indeed. federal investigators will be inspecting the wreckage of the piper plane that was moved from the crash yesterday. a mangled mess of metal was all that was left of that plane returning home from key west, florida. the national transportation safety board says it will take 10 days to issue a report on the crash. the 7-year-old not on survived, she was able to go for help bleeding with in the dark in the cold, with a broken wrist. >> having someone that's a

witness helps us in the investigation. it gives us a story line. >> reporter: her father marty was flying the plane. the 48-year-old pilot and her mother and sister and cousin all died in the crash. controllers reportedly tried to direct him to an airport that was just a few miles from the crash scene. martha: do we know more about how the little girl is doing? >> reporter: the 7-year-old has been checked out at a hospital and was released to extended family members. they hope to talk to her soon. one ntsb investigator called saylor one remarkable young lady. donations are being accepted on

the website you see below. martha: she has her whole family killed in that plane crash. bill: all the details he went over and over. martha: a knock at the door, a little girl. bill: the newly elected majority going back to work in washington. is there common ground on anything? we'll have a fair and balanced debate on that in a moment. martha: it's the hug that has football fans talk. why new jersey's governor was in the owner's box at the dallas cowboys game? we'll explain.

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polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher brighter denture everyday. bill: extreme weather alert. a polar vortex about a strike a lot of people. check out these temps. some will hit below zero. the northwest may see snow. so bundle up. martha: it might be chilly in washington as rum can senate leaders say they are ready to work the work on several key issues but the president has to meet them halfway. we heard this before.

theories senator john thune. >> we'll find out early on whether the president wants to play ball. based on our past experience, it would be the hone of experience. i know republic chance in the senate are looking forward to and willing to work with the president on areas where we can create jobs and grow the economy and strengthen america's middle class and i hope the president will meet us there. martha: mary anne marsh the former senior advisor to john kerry. mitchell mcconnell asked what's the most important thing. he said jobs and the economy. i thought gee that's what the president says, too. isn't it crazy we never seem to get anywhere with these issues'. katie, what do you think is the strategy. this one on your desk first.

>> the first thing mitch mcconnell is doing is the keystone pipeline project. republicans are meeting the president full way when it comes to what democrats agree on. the state department hasn't come out hard against keystone. keystone supports jobs. harry reid is no longer there to keep things from getting to president obama's desk. mitch mcconnell's strategy is to move forward with things they agree on. martha: do you like that idea, maryanne? >> i feel like it's ground hog day. martha: if they put a keystone bill on president's desk will he sign it? >> no. nothing says working together like putting bills on the

president's desk of things he doesn't support. martha: he said that in the past. >> i don't think he's going to. the president needs congress as much as congress needs the presidents and congress needs the president more. mitch mcconnell needs at least 60 votes. he needs six democrats every time to get something done and he has to keep people like ted cruz in line. martha: let's pretend like we are congress. mary anne. what do you think would pass. you have got a republican house and senate. what could they the president's desk that would send a message to the american people and the president would sign it and they would say we are get something where. what would it be? >> if you want to put people back to work ...

martha: what bills? >> bridges roads infrastructure. put people back to work. there are plenty of bills that do that. everybody wants that done. >> keystone is a huge piece of long-term energy efficiency infrastructure that they can put on the table right now immediately. you mention president obama doesn't agree with keystone? guess what? a lot of democrats agree with keystone which proves the points president obama is only about president obama and his agenda. he rejects keystone he's setting the tone for the next two years to be full of gridlock. when republicans beat democrats handily in the mid-term elections the president tries to write it off as not a republican victory but instead americans wanted washington to work. well, here is his chance, he

will veto every single one of them which proves it's all about barack obama and not what's best for the country. is he going to wants parts of that legacy to be that there were things he could find common ground on with this new congress in the last couple years of his presidency. >> of course, but look how well he ended the year. the economy is doing better than ever. gas prices are down. defendant cities going down. and his poll numbers are going up. as a democrat do i wish that would have happened at the end of the summer? yes, i do. why start with the keystone. why not start with something you know everybody could agree upon. >> everyone agrees on keystone.

>> i don't think the president does and i think a lot of democrats don't. a lot of democrats do, the president doesn't. a gallup poll? december shows 53% of americans wants the obama agenda to stop. martha: i didn't get to tax reform or anything any of those things. thanks katie thanks, mary anne. bill: a wild start to the nfl playoffs. the wildcard weekend finished with an epic finish. tony romo and williams to give dallas the win. the ref called a pass interference. the flag was on the field. but moments later they picked up

the flag and dismissed the penalty. celebration in dallas is on now. among those celebrating in big d, look at new jersey governor chris christie, who knew. hugging it out with the owner jerry jones. apparently they are pals. when he's enjoying a moment, you know it. i was excited. i have been a cowboys fan for a long time. martha: it may say something about 2016 politics. bill: thank you. thank you. they made it again and lost again first round. there is always next year. martha: hang in there. a man accused of ambushing two

pennsylvania state troopers head to court today. eric frein was arrested after a six-week manhunt. prosecutor say they want a death tense in this case. what can we expect here today. we expect to hear more of the evidence that prosecutors compiled against eric frein. he has been held on murder, terrorism and other charges. he was handcuffed behind his back wearing glasses and surrounded by pence rania -- surrounded by pennsylvania state troopers. he hid in the wood and fired several round critically injuring one trooper and killing

another. we spoke to the u.s. marshals who caught green hours after his arrest. >> he looked in pretty good shape for being on the run for 45 days. they are going to have to run that to the ground. >> reporter: we expect to learn more about green's about frein's alleged confession. we may learn more about the crime itself. prosecutors need to prove that a murder did occur and frein is the likely suspect. martha: rick, thank you very much. bill: a cargo ship going down in stormy waters. there is a desperate search for the missing crew right now. martha: the president of

afghanistan asking the united states to rethink the deadline to pull our forces out of the country. >> this country was not the gift of anyone. it is the results of millions of people sacrificing. what did we have? our bare hand.

we come by almost every day to deliver your mail so if you have any packages you want to return you should just give them to us i mean, we're going to be there anyway why don't you just leave it for us to pick up?

or you could always get in your car and take it back yourself yeah, us picking it up is probably your easiest option it's kind of a no brainer ok, well, good talk martha: 8 people are feared dead after a ship capsized off the coast of scotland. the crew of a passing ferry captured this stunning image of the ship. bad weather was probably a factor. investigators are working to recover the ship in hopes of finding an answer. bill: the u.s. deadline for troops to withdraw from the long

war. the president of afghanistan says president obama should be flexible in its deadline for a final pullout. >> deadlines should not be dogma. if both parties or multiple partners have done their best to achieve objectives and progress is very real, then they should be willing. bill: what about that? k.t. macfarland, former deputy deputy secretary of defense in the reagan administration. >> reexamine about it's a hopeless cause. you feel for the president of afghanistan. he's a reformer but he's doing it too late. if we had done this 8 years ago it might have been a different outcome. the military doesn't work, the police forces don't work.

massive corruption throughout every aspect of afghan society. as we and our allies leave the taliban is coming in. the taliban decided years ago they would play the long game. they knew we would eventually like ebb else has get tired of being in afghanistan and they waited us out. bill: the president says the u.s. operations are over but there are 10,000 military members there and they will be there for some time. >> we are leaving 10,000 troops there. supposedly they will be in advising and training and not be on front lines of the battle. but as we have seen in afghanistan, every place is the front line of the battle. the president says by 2015 we'll draw that down to 5,000 and by the end of 2016, zero troops.

are we going to have to shoot our way out? afghanistan has been a tragic story of the united states supporting lead horse don't like us in a country that does matter. i think the best thing we can do is say i had your chance, we are not going to stay there forever and come home. bill: that's not a concession i expected to hear from you. you say in december 2001 we should have left them. >> what was our mission? kill al qaeda. we went into afghanistan and within 3 months we achieved that objective. al qaeda was down to 200 people and they were in the tora bora mountains. they fled into pakistan. we should have hot pursuited and killed them off. we said here, pakistan, you finds died, you deal with

al qaeda. pakistan poablghted the country and said great. but how about another $2 billion next year. they didn't want to find al qaeda or usama bin laden. bill: i see a rising majority of support for people in support of us staying in afghanistan. there always question about isis and whether isis will find its way to afghanistan. do you believe that to be the case? >> this is one theory that radicals will all hook up with each others. there are a lot of ways to kill a snake. we tried to cut off the head of the snake fare a long time and it hasn't worked. i think it's time to starve the snake through oil in afghanistan and others. it drops down at ends of 2016 to

nothing. bill: do you think those numbers are hard and firm or is this an opportunity for the commander-in-chief to see how it goes in afghanistan? >> think of the dreams' keeping there? these could become combat forces. in iraq we left completely. isis has arising and there are call to the have the united states go back and put in training forces and we have sent forces back in. in both of those cases we have to understand these are not wars we have won. i see those polls and i don't understand those polls. bill: maybe they see what happened in iraq. >> they will probably ends up in the same way. two administrations for the best reasons we have not succeeded in our objective. bill: k.t. macfarland, good to see you. martha: it's happy new year at at gas pumps. bill: one republican making a

big announcement. louie gohmert says he wants john boehner's job as house speaker. he makes his case live on america's newsroom.

bill: police investigating the shooting death of a hedge fund founder. he founded waynes cot partners with $200 million in assets. he focuses on bio tech and healthcare. this morning they were questioning his 30-year-old son. so far no charges have been filed. martha: the price of gas plunge

to report lows. this is exciting. i love filling up my gas tank. the national average is $2.19. last year it was a dollar more than that at this time. the averages are even lower in some states. stuart varney, happy new year to you. this is like a new year's present for everybody at the pump. >> american technology which has found a way to get more oil out of the ground in existing wells. it's called frack or horizontal drilling. americans invented this, put it into practice and now we have a surplus of oil that's driving the price down. there are 7 states in america where the average price for regular is under $2 a gallon. they include texas at $1.98. there is one station in crawfordsville indiana where

if you pay cash they will gave gallon of regular for $1.42 a gallon and it's going down. it's the biggest and best stimulus program in years for the american economy. that's what it is. martha: who benefits from this? >> the biggest beneficiary is the airlines because a big chunk of their cost is jet fuel. outfuel is way way down, so airline profits go way way. so now we have the beginning of a slippage in airline prices. discounts fair prices in part because of the much lower yet fuel prices. i think this is going to spread. the big guys will come along and start offering travel garbages for spring and summer. there is a movement away from electric cars. the tesla, for example. tesla to be, an electric car

their stock has tumbled because it's so much cheaper to get a gasoline fired car and get on the road. but the news this morning is oil looks like it's about to drop below $50 a barrel. the many another milestone. we have to break through it which means gas prices will come down some more and ticket prices for leans as well. martha: it's thanks to american enterprise and private corporations who pursued this energy method and it's making a continues in the economy. incredibly fast how it all happened. >> reporter: it's great news. martha: happy new year. bill: $1.70 in ohio. bill: how will president obama deal with the republic-controlled congress? martha: remember the big chill?

23 below in minnesota. how low is it going to go? maria molina is here in our extreme fox weather center.

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martha: president obama returning from a two week vacation with a new year agenda gearing up tore a brand new executive actions list we understand and rolling out proposals for congress as you would expect. welcome everybody. brand new hour, brand new year in "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. good morning. how does it feel? martha: so far so good. bill: moving along. the president not waiting until the state of the union address. he is on a road trip to promote his blueprint for 2015. he is facing a major shift in the political landscape in america. republicans take control of the senate in addition to the house. peter doocy live on the north lawn. good morning. opening week message for republicans in the senate, what is it for the white house and president obama?

>> reporter: bill, the message is that soon the republican congress is going to pass some bills much the president might not like specifically modifying obamacare and approving the keystone pipeline. we're also hearing now from the incoming senate majority leader mitch mcconnell. he says there is going to be emphasis on limiting new regulations. >> we need to do everything we can to rein in the regulatory onslaught which is the principle reason that we haven't had the kind of bounce back of a the 2008 recession that you would expect. >> reporter: when it comes to work with the white house mcconnell says he and the president get along fine and he points to deals that were made to avoid the fiscal cliff and extend bush-era tax cuts as prove they can negotiate. bill: the president is hitting the road. what will he say peter? >> reporter: three stops in three days, each with a different focus on an item the president wants to address during his final two years in

office. air force one will go to detroit on wednesday to talk cars and manufacturing. then off to phoenix on thursday where it will be all about housing. and friday, tennessee for a talk about education that the vice president will tag along for as well. the white house is saying they can work with the new republican leadership as well. we have a press secretary saying quote, there are a number of issues we could make progress on but the president is clear he will not let this congress undo important protections gained, particularly in areas of health care wall street reform and the environment. and we are expecting a mix of new proposals from the president in the next few days. some of them, are things that the president wants to do on his own with executive action but some of the them the president will need help from congress on through legislation. so now we wait and see. bill: we do. peter doocy from the north lawn, a beautiful day in washington. enjoy it white it lasts peter. here's martha. martha: so the dance begins now

between president obama and senate majority leader mitch mcconnell. many republicans are ready to challenge the president on key issues like energy, health care immigration, tax reform the list goes on. thom tillis says they also want to break away from years of partisan gridlock. >> we'll take up a lot of those bills, dozens which had strong bipartisan support and start sending legislation to the president's desk. when american people voted for republican majorities in november they really voted for people who will go up there and start working again. martha: will they get it, that is the big question? steve hayes senior writer at "weekly standard," fox news contributor. happy new year. good morning to you. >> good morning martha. martha: what happens now? the first move will be very telling. >> i think it will be. if you look what mitch mcconnell already said he want to push hard on energy. immediately wants to push on keystone and i think one of the things that members of his

conference will want to do is continue to emphasize the differences with president obama. it is one thing to say that republicans don't want to appear scary, to lay the groundwork for a republican presidential campaign in 2016 but those differences also matter. one of the reasons that republicans did as well as they did in the 2014 midterms they emphasized the difference between president obama and what republicans stand for. martha: mitch mcconnell said, basically trade tax reform and infrastructure. those are three areas that he believes there could be compromise, there could be progress and there could be a moment when the president and mitch mcconnell say to the american people, look, we got something done. how, what form will any one of those three things take? >> i think he's right. those are probably the areas most likely to find some compromise particularly on tax reform. there has been talk for years going back throughout the obama anyone station of some agreement on -- administration of some

agreement on tax reform. there is agreement for republicans to find some areas of agreement with the president on that. but republicans i think would be making arave mistake if they don't try to make a bigger argument on taxes at this point. in the aftermath of the irs scandal, if you look at the high tax rates right now that the country is facing and you look what it's done to slow economic growth republicans shouldn't be satisfied making arguments about tinkering with corporate tax reform. they should be talking about blowing up the tax code and fundamentally reforming the irs. if they're not making those kinds of arguments i think they're losing the kind of distinctions that republican voters and also a good number of independent voters will be looking for going into 2016. martha: that's a great point and when you look at the polls on all of the scandals of the past year-and-a-half, irs resonates with people across this country i don't think any of those other issues really do. who will be the leader on that? that is why i think there is some opposition to john boehner

right now as small as it is. who is the person who will stand up to make the arguments and articulate them in a way american people across the political spectrum say i get it, i get it? >> i think that debate will have happen in the context of the presidential campaign and congress won't have much to do with it. there will be two debates. one in congress, roll up your sleeves where can we find agreement between democrats and republicans and some tinkering on the margins. what you will hear from republican presidential candidates is fundamental reform proposals. you will have i think republican candidates -- martha: wait for almost two years to see it get done. >> they will. martha: the only way they will be able to elect a republican president if they follow a few things along the way before then to give people confidence they should do. >> i'm not sure, i'm not sure republicans have to accomplish as much, quote unquote get things done in the context of this congress. people recognize president obama is still president for two more

years and that will sort of limit what republicans can do to push their agenda through. i think it is, it is understandable that mitch mcconnell and others want to be seen as working toward constructive solutions but i don't think you can let that kind of prudence get in the way of bold reforms and i think that debate really will happen in the context of the presidential campaign. martha: steve, thank you so much. see you next time. >> thanks, martha. bill: get ready for this. extreme weather alert now the coldest weather of the season barreling across the country will affect millions out there. series of dangerously cold arctic air masses bringing temperatures well below average this week. check out these numbers windchill, 26 below in minneapolis and 23 below in chicago. mike tobin in chicago. the key word going forward is layers an upon layers. what is 20 below feeling like, mike? good morning. >> reporter: good news the bank

clock behind me says it is negative three so it's a balmy negative three. they predict ad brutal winter. city of chicago had entire fleet of trucks out on the street yesterday to get on top of it. they're taking a break. the entire fleet is expected to being out this afternoon when snow is expected to hit rush hour one more time. it gets worse. so cold in duluth, minnesota too cold to ski. the spirit mountain ski resort has closed with win chill of negative 35. look at areas like northwestern ohio where lakes will whip up more snow and crews will have to get on top of that. only good news it is not so cold that the salt is ineffective. as people walk to work this morning they have the pleasure of slopping through all this melted blue stuff they can track into the office. bill? bill: keep it outside. some of these places you don't really expect them to get hit

with winter weather maybe not at least this time of year or even to this degree, mike? >> reporter: you expect it here in the midwest but amarillo, texas, two to four inches of snow. a lost fender-benders as people are slipping and sliding along the roads. albuquerque, new mexico, are getting snow last couple days. they are able to keep the main streets clear but side roads are blocked. people in rural area are having tough time getting base being supplies, water, fuel, et cetera. bill. bill: mike tobin, stay warm, live in chicago. we'll check in through women throughout the day. tornadoes ripping throughout the southeast in january? that is rare. martha: 55 degrees on christmas right? we had very mild weather. we made to it january without any real winter. i think we'll have to hunger down and deal with it. talk about chilling, this is a chilling new warning from al qaeda, set to unleash frightening new types of bombs.

we'll tell you what they are talking about. bill: jury selection getting underway for the boston marathon bombing suspect. will there be justice for the victims of that horrific attack? the judge will be here on that. plus there's this. >> really it is time for a change. you deceived us when you went to obama and pelosi to get your votes for the "cromnibus." you said you would fight amnesty tooth and nail. you didn't. martha: he is not happy. can you tell? tea party not very happy with house speaker john boehner. we'll talk to texas congressman louie gohmert for his bid to take that job away. 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.

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martha: so two republican lawmakers are challenging house speaker john boehner for his leadership post. that vote will take place tomorrow and both congressman ted yoho and congressman louie gohmert say they think it is time for a change in the house of representatives but speaker boehner's office says quote representative boehner was selected as house republican conference choice for speaker in november and expects to being elected by the whole house this week. doesn't sound too wore worried bit. texas congressman louie gohmert is here. >> great to talk to you martha. martha: doesn't sound like congressman bainer is not too wore royed about the threat from you or congressman yoho. >> that is the one of the problems. in november the speaker said we would fight tooth and nail. we'll give time too read the bill. you remember that promise from

2010. we would go through regular order. all of these promises were broken with the "cromnibus." we didn't fight tooth and nail. that is why the speaker had to get obama to help him lobby to pass the boehner bill. and all of these promises need to start being made and following up with your interview with steve hayes. steve made the comment we could be totally getting rid of the tax code, those kind of things. then you're exactly right. what we do in the next two years has a it is going to likely help determine whether we get a republican or not in 2016. we saw how bad it was in 2012 when we didn't fight like we promised we would. we didn't keep our word about reading the bill in 2010. martha: totally different situation now than he had before. i mean, and he would argue i would imagine that he had to deal with the circumstances he had in front of him in terms of getting things done but now i think most people on your side of the political fence would expect a very different posture

and the ability to get stuff done. >> for the speaker to run in and pass the "cromnibus" that totally funds obamacare for all next year we took the hostage of the homeland security, that was a huge mistake. but to borrow from a phrase from a few years ago, for boehner to rush in when we had the control of the senate coming into our hand this month this week, and make a deal with boehner that fund everything obama wanted for the year except homeland security is like custer saying come on boys, let's attack now before all the help gets here. martha: there is a lot of different strategies and reasons for that happening and -- >> it was a disaster. it broke our promises. >> there are people have very different viewpoints whether or not that was good idea and i understand what you're saying. how realistic, why are you doing this? why do you say that you're

putting yourself forward for speaker? what do you hope to accomplish with it if the numbers don't bear out for you? >> the problem is the american people as pat caddel indicating last night on the air the numbers are 25 to 33% are ready to abandon the republican party. they're so fed up that we're not fighting for what we said and if we don't show them that, it is going to devastate this country. we could have another democratic president in 2016. we have got to show the american people that they don't need to abandon the republican party. there are people in the party that are willing to stand up and fight for the very things we promised we would do and we can do those things. we can put obama on the defensive just by completely getting rid of the internal revenue code. i want a flat tax. obama has said that, you know, it is travesty for buffett to pay less in percentage than his secretary yet he is not proposed

one thing that would change that. we can do that. put it across the board -- martha: support on both side for some real significant tax reform. a lot of people are very disappointed that challenge and that charge has not been taken up in a meaningful way. >> we haven't kept any of our problem is most some we have got to do that some of us are ready to stand up and keep our promises. >> a lot of people hear where you're coming from. >> thanks so much martha. >> thanks so much, congressman. good to have you. bill: there has been another silent protest from the nypd, turning its back on the mayor at a funeral for a murdered police officer. why officials say morale is so low in the department and it has no chance of closing anytime soon. bernie kerik will join us on that next. martha: stunning picture. mike huckabee giving up his show because he might run for president. it is just latest person to get in as the pool of potential candidates begins getting bigger and bigger and bigger. >> there has been a great deal of speculation as to whether i would run for president. and if i were willing to

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>> so everybody is back at work on wall street and dow jones industrial average having a bit of a tough morning getting off the mat down about 190 points right now after a huge run-up as we headed into the end of the year. that was over 18,000. so we'll see what happens today. everybody is back to work. no doubt there will be -- bill: meanwhile tension continues to mount between police and new york city's mayor. officers once again turning their backs on mayor de blasio at the sunday funeral for the second nypd officer murdered back in september. despite commissioner bratton asking officers not to repeat the quote inappropriate

gesture, his word. new york senator chuck schumer says the divide between them and the city can be fixed, however. >> i think that again having talked to people on both side, i think that the chasm is not unbridgeable at all. commissioner bratton has done a good job in los angeles in dealing with this issue well. he is dealing with the issue well here and i think it can be solved. bill: but it is not solved at the moment. with me bernard kerik former new york city police commissioner. good morning to you from washington today. >> good morning, bill. bill: where is this heading? >> i think, senator schummer just made a really good point in saying that he believes, you know, the bridge can be resolved and talked about bratton and what a great job he has done in l.a. new york, boston and i agree. the problem is, this rift isn't with bratton, it's with the mayor and the cops believe that the mayor is not been

supportive. the cops believe that the mayor put out this anti-cop, race it rhetoric that the assassin of these two murders of these two cops, which he believe was, the excuse he used for assassinating the two cops, the cops believed that that anti-cop and racist rhetoric has hurt them has diminished their power. has diminished their ability to do their job. they believe they're not going to get the support they should have from the mayor. so i think senator schummer's words, you know, about bratton i think bratton is the guy that is going to have to do this, that is going to have to fix it. bill: it's interesting. if you watch the twitter feed on behalf of the mayor, seems like he is trying to make an effort to bridge this gap. i don't know if he can and apparently listening to what you're saying he won't be able

to? >> you know what? i think he has got to try. i think maybe he is trying. but you have to realize that the cops are angry they're upset. and, when you don't feel like your commander-in-chief is supporting you is going to be there for you is going to indemnify you should you have a problem with the city, is basically telling his own son he has to watch the cops that guard him for the dangers they may pose that's a problem. and, that is going to have to be overcome. bill: can bratton bridge the gap if he is the key? do you know if bratton still has a good relationship with his boss the mayor? >> well, i can't speak for the relationship. you know, i have, the utmost respect for bratton the job he's done here for the job he did in l.a. he is the architect of crime reduction in this

country. i i have enormous respect for the guy. whether he can get this thing back together and get cops back together with the mayor, where there is not this friction, i don't know. i think time will tell. bill: you know i was really surprised being away over the break how many people are paying attention to this story and they really wanted to know in new york city is it as bad as it appears. how would you answer that? >> i think, you know, there is going to be crime reduction. the cops will do their job. the cops have done a better job in new york city in crime reduction than anywhere in this country and the primary benefactors to that have been minority communities where there has been 80, 85% reduction in violent crime in homicides. for people to label the cops as racist think it is bizarre it is absurd and i think you know, people have to understand that. bill: there will be a big movement in this year to back the blue all over the country.

you can count on that. >> hopefully. i hope so. bill: appreciate your time out of washington. see you again in new york very soon. >> thanks, bill. bill: you bet. martha: a federal death penalty case gets underway against the alleged boston marathon bomber. judge andrew napolitano joins us as jury selection begins in this trial and then there's this. >> top five, booyah! royce clayton takes guzman out. slow your roll, only fifth homer of the year. rushed it and crushed it 323 feet. bill: we're remembering stuart scott, a friend and talented sports broadcaster and a fighter to the very end who lost that fight at the age of 49.

martha: we are back and that's a fox news alert as jury selection gets underway in the trial of the boston bombing suspect dzhokhar tsarnaev. 21 years old now and faces the death penalty for his alleged

role in the bombings which killed three people and injured more than 200 people who are still living with those injuries, many of them. all that happened in back in 2013. joining me now judge andrew napolitano, fox news senior judicial analyst to sort out this goes. i know they need to bring in a lot of potential jurors to get to the 18 they will need, right judge? >> yes. the court has ordered 1200 people from across the eastern half of massachusetts and most of those people are as we speak in the federal courthouse in boston or in buildings around the courthouse because the judge's job is to find from that 1200, a pool of 60 who are willing to impose the death penalty under the right circumstances, have an open mind about whether or not this young man is guilty, and an open mind about whether if he is guilty, he should receive the death penalty. once the judge picks that pool of 60, then the lawyers

themselves will begin to exclude people from the pool for various reasons until they have 12 remaining who will become the jurors and another six remaining who will be alternates if any of the 12 jurors needs to be replaced. martha: some people, you look back at the facts of this case and look what he wrote in the boat, some people believe he confessed when he wrote on the wall of that boat. >> oh absolutely. the evidence of his guilt is overwhelming. the government has a signed confession and it has a video of him placing the crock pot which contained the bombs in front of the little boy that was killed. martha: why -- >> because the constitution requires that the government prove guild beyond a reasonable doubt. now he may have what we call an affirmative defense. martha: he pleaded not guilty. >> because he pleaded not guilty the government has to prove his guilt beyond a reasonable doubt. he may have what the call calls an affirmative defense meaning a excuse, a legal excuse for his

behavior like, he was mentally incapacitated, he was under the control of his brother. these are difficult defenses to prove but defendants are entitled in certain circumstances to offer them. martha: so seems to me if you're his defense attorneys that's what you're going to go for you're going to go for he was sort of lured into the evil web of his older brother and what you're really looking for is to save his life in that situation? >> correct correct. the real battle will be in the second trial. there will be a second trial if he is convicted because under the law only in a second trial same participants and same jurors, can the same jury decide whether or not he should get the death penalty. that's where the real battle will be. there doesn't seem to be much dispute over his guilt. the defense isn't even required to tell the government what their so-called affirmative defense will be until after the government presents its case. so we don't know what the defense is going to sea at this point in time.

martha: it's a federal case. we will not see this play out there will be no cameras in the courtroom, correct. >> correct. martha: is there a chance he will testify that we will hear his story finally? >> i think it is unlikely, but the question answer to the question is yes there is always a chance to testify. the selection of the jury will take weeks and weeks. the judge must interview the every single potential juror in writing and in orally to satisfy the judge that this person can fairly and justly perform this job as a juror in this case. it will take a very long time. martha: a moment that the city of boston, state of massachusetts and country needs to see play out. >> yes. martha: it was an awful awful case. wheel see what happens. >> we'll watch for it. martha: judge, thank you so much. good to have you. >> you're welcome. bill: al qaeda issue as new threat against americans warning they are ready to unleash a new generation explosive that is easy to make and nearly impossible to detect.

the group's online magazine boasting quote we spared no effort simplifying the idea. as such we made another meal prepared in the kitchen so every determined muslim can prepare end quote. pete hegseth concerned veterans of america ceo. good morning to you. >> good morning. bill: this comes from al qaeda in the arabian peninsula. you know these are bomb-making specialists. ones that are still there and eluded drone attack. how serious do you take a message like this? >> i think you have to take it seriously. al qaeda in the arabian peninsula have proven to be the most expert of exported explosives. it is easier to export knowledge than export a terrorist. they're simplifying instructions how to make a bomb, anyone around the country, united states elsewhere can construct something can take a spectacular attack a tsarnaev type attack.

they're looking to get through metal detectors and body scanners at airports with sophisticated technology you can't defeat with a drone or a raid. they're trying to get self-radicalized lone wolves here in america to build those bombs. bill: we no longer hear them speaking of successes or failure of the battle for the hearts and minds. instead we find them acknowledging their incapability of preventing lone jihad attacks on their soil. they're talking about us. can they do it? >> a lot of it is propaganda. a lot of it is rhetoric. it is psych lodge call warfare. they want us to be fearful. this reminds us we need to remain on offensive. we have to go after them and their capabilities. their top bomb-maker may have been killed but we believe is likely still alive with aqap in yemen. these people need to be hunted down and found. that information will still go out. as such we have to discredit the ideology. call it what it is.

this president has not been willing if many ways to recognize the radical nature of this islamic threat and talk about it clearly and discredit through information and operations. that has to be part of it. staying on the offensive is critical there and elsewhere. we talk about isis in afghanistan and forget about places like yemen where they're expanding control al qaeda affiliates and still seeking to hit us. this is why intelligence operators are so badly-needed and so focused in net they are regions of world. bill: that is a great point. do they have the ability now to honestly conceal a bomb that we can not detect. >> it seems they do. there was a raid in 2012 was meant to be on the anniversary of the bin laden killing where we discovered material in yemen and folks that were going to carry out a very sophisticated undetectable bomb attack. they're trying to export that same type of technology. unknown whether a body screener would be able to detect it. they're looking at our defense mechanisms and trying to build work around at every stop to get

through them. i don't know, and only highly classified folks would know. that that is where they're trying to get to. they waited nine months to publish this "inspire" magazine and they were trying to get recipe right to get it through security screeners. our intelligence officials are taking it very seriously. bill: another story how they adapt to u.s. drones. that is another story. pete egg seth out of minneapolis. >> thanks, bill. martha: the possible 2016 field is getting more crowded. no one said anything officially, hillary clinton, jeb bush, mike huckabee moving closer to an apparent run at the white house. bill: this may be small but worth a lot of money. oh yeah, a tiny home stolen right from the owner's driveway. not easy, is it now? ♪

bill: an entire house stolen.

228 square foot home in san antonio. it was taken right from the owner's driveway. after anonymous tip i guess you don't get far going down the road with that thing the homeowner was able to recover the home in nearly the same condition as it was when taken. >> although there are some bad doughnuts in the box, there are obviously quite a few great people out there and i'm really glad they came through and helped out. bill: doughnuts in the box. the homeowner says he has been working on the home more than two years. he put out about $35,000 of work into it. the sheriff's office says the house thief will face charges. martha: all right. so the field for 2016 could already be starting to get a little bit crowded. another potential presidential candidate saying that he could throw his hat into the ring come 2016. former arkansas governor mike huckabee announced he will leave his show, "huckabee" on the fox news channel as he

considers whether or not he will make another run for the white house. >> if i were willing to absolutely rule that out i could keep doing this show but 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, but the continued chatter has put fox news into a position that just isn't fair to them. nor is it possible for me to openly determine political and financial support to justify a race. martha: there you have it. ed rollins worked as campaign manager for ronald reagan's landslide re-election in 1984. joe trippi worked as howard dean's campaign manager in 2004. both are fox news contributors. before the holidays it felt too early to talk about this but now that it is 2015 on calendar, it feels just about right and people considering running feeling that way as well, ed. >> happy new year. martha: happy new year. >> equally important most of the campaigns have been planning three or four months.

governor huckabee obviously because of restraints put on fox had to get out. in order to raise kind of money and put a national organization together takes you a year, year-and-a-half to do that. even starting at this point in time, up with year from today or tomorrow is the iowa caucus as it is presently planned. that is a lot to put under the table between now and then as joe can attest to having done. that may sense anybody not in there yet better be ready to get in. martha: they're going to have to start announcing if the schedule that you talk about ed is, forefront in their minds. look at this poll of gop nominees and how it stacks up according to, this is cnn/orc poll. it shows jeb bush at 23% chris christie at 13% and others in single digits, mike huckabee dr. ben carson and senator rand paul. there are another names, marco rubio, could throw in there as well. joe, as you look at this, would you expect announcements to start rolling in?

>> absolutely. ed's right, first of all i expect a pretty big for gop a beg field. they don't usually have, i think the kind of field we'll see this time, you know, maybe 10 candidates running. and i think both bush and huckabee have advantages. bush has name and organization out there and donors that are already lined up. huckabee having won iowa, when he did run has an, has people who volunteered for him out there who like him immensely. he has got a following. i think this will speed up others getting in the race because ed's right you will need every single day of the next year to be ready for that first iowa caucus. martha: we expect the next four to six weeks we'll hear a number of these announcements but hillary clinton sort of pushed the ball a little further down the field ed, and there is discussion about maybe spring in terms of announcement.

what is her strategy there and a lot of people wonder whether or not she actually will run. >> one of the reasons huckabee and bush jumped in, there was questions about whether they would run. bush represents establishment wing of the party. huckabee is evangelical a lot of people didn't think either one would run. now we know they will probably run. in the case of hillary i don't think there is no doubt she will run and speculation she will run and be the nominee in the fall. she has more luxury, in the sense she is almost like a incumbent without serious challenge. waiting a little bit longer, she has apparatus to raise tremendous sums of money. operatives who want to work, including my daughter who wants to work for hillary clinton. my daughter is not an operative but young advocate. i have failed missably my party. i love my daughter, i love my daughter dearly. at the end of the day here we have a very long process here and this is going to be most

expensive race in history. it is going to take a lot of resources to put everything in play as joanne attest there are not that many great operatives with national experience and not that many people that can raise money. people think you can get independent expenditures and billionaires. 2700 bucks is maximum. it is real hard sledding to raise there. martha: joe, do you have any other family members for jeb bush at the moment? >> no. martha: none that you know of. >> i think he will be formidable if he gets nomination. martha: thanks, guys. we kick off the conversation. many times will be a fascinating process over next several months and >> happy knew year. bill: we both will be very busy. martha: weigh 6 we sure will. bill: jon scott is coming up. busy "happening now." how are you this morning is. >> good morning, bill. a the new year off to a bang in washington. new republican controlled senate to join the gop house to go

head-to-head with the white hughes. we'll talk about the battles ahead with bret baier. plus we're following self big legal stories today including the jury selection in the trial of the accused boston marathon bomber. get ready, jenna lee returns today. we'll have a look at the new edition to the "happening now" family. bill: who? >> jenna lee. >> been gone for a while right? >> a while. take as while to have a bibby and -- bill: she got a little bit of news to share. >> that's right. bill: big welcome back to jenna jon. see you in 12 minutes. >> cool. bill: mourning the loss of inspiring and game-changing broadcaster. >> the big 7 1 335-pound brother who strides up after "bringing down the house." who has the best left hook and right cross in sports? bill: a look back at stuart scott and his life and indelible mark he left on so many. it's just that i'm worried about you

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>> thanks for letting "sportscenter" flow here is rich eisen along with stuart scott. we begin with baseball. wait nfl fans, don't hate. top five, booyah! royce clayton takes juan guzman out. volume r slow your roll. he only fifth homer of the year and rushed it and crushed it 323 feet. bill: stuart scott style. remember the iconic sports anchor stuart scott dead far too young. trail blazing "sportscenter" host losing his long battle with cancer sunday morning. he anchored the show 21 years after he fought the deadly disease. he brought the espy audience to tears last summer during his inspiring speech when he received the jimmy v perseveres

ran award. >> when you die, it does not mean thaw lose to cancer. you beat cancer by how you live, why you live and in the manner in which you live. [applause] bill: for more on scott's legacy, jim gray is a sportscaster and fox news contributor. jim, good morning to you. so many of us in the our industry known stuart for a very long time and we know how long and how hard he fought and he would say as he said during that summer, that he did not lose. he is judged on the way he lived his life. and it was an amazing thing to see the tribute pour in for him yesterday. >> really, just a tremendous outpouring. president obama released a statement. there were moments of silence at both nfl playoff games. tiger woods michael jordan, lebron james everybody kobe bryant, just people outside of sports. it was just really a tremendous

tribute to a wonderful guy i had the honor to work with stuart for a number of years at espn and we did a lot of events and shows together. he made it so much fun. he changed it. he changed the entire paradigm. he was transformational when he brought. it was originally not met with acceptance. in fact there was some rejection and he fought through it all. he finally became accepted and he, after he became accepted he became admired. then he inspired. so we saw the full circle with stuart and he changed everything and, the tribute are wonderful and well-served. bill: i think that's the question too jim is why he was able to connect? in our business if you connect with an audience you make a relationship and he was able to do that at every turn. >> he told it like it is. he spoke to an audience that hadn't been spoken to. there are a number about tribute coming in from a number of

people who said he was their howard cosell. he brought in inner-city, lebron in his tribute said here was somebody who spoke to one much us in the inner-city who we could connect with and we could look up to. he wasn't playing but understood exactly what he wanted and what we wanted. he was true to his guns. he stuck to himself. it wasn't an easy path but trailblazers don't have easy paths. pioneers are pioneers for a reason. now, not only in sports but across the board in broadcasting and across the board in communications. you see people communicating now because of the way stuart scott did it and i guess imitation is the highest form of fatry. there are a lot of imitators out there. he was one-of-a-kind. original. bill: father of two girls too. they kept him strong through all of this. >> that is what he lived for. bill: very true, yes. jim thank you. we're remembering his life. gone too young at the age of 49,

stuart scott. >> may i add one thing bill? bill: you sure may. >> i would like to add one thing. ralph waldo emerson wrote something, it really applies here. when nature removes a great person, man explores horizon for a successor but none come, none will for his class extinguished with him. bill, stuart scott was in a class all his own. may god rest his soul. bill: well-stated jim gray from los angeles. stuart scott age 49. every truck can tow a boat. every truck can climb a hill. every truck can haul a trailer. but not everyone can say they're the fastest-growing truck brand... in america. guts. glory. ram.

>> don't take a picture of your

meals anymore. just eat them. that's richard williams, the video is called "can we auto correct our life?" step away. that's your new year's rez lugs. >> jenna lee is back. >> yeah. headline is big changes in washington but also here in new york. more on that in a moment but in d.c., g.o.p. prepares to take full control of congress for the first time in nearly a decade. i'm jon scott. >> i'm jenna lee. >> thank you very much. >> jon has already held the baby. he hasn't forgotten how. it was a beautiful moment. i'm glad you were able to meet him and i want to say a special thank you to our viewers who were so great to me during my pregnancy and during our maternity leave as well and i can't wait to show you some