tomorrow at noon. >> and fox news alert. two members of the u.s. ski team died in an avalanche in austria. >> the deaths of 20-year-old ronnie burrlack and brice. they were in a group of skiers that may have triggered the avalanche. we are covering all of the news "happening now". >> the american people have two messages. >> after a big victory in november. the gop takes over both houses of congress this week. >> they want to do something about the dysfunction in washington. high drama ahead as a conservative congress takes on a liberal president. >> they were certainly unset with the president and wanted to express that opposition. >> and plus he just started walking. >> the little girl survived the

plane crash that killed her entire family. >> he could not see any light. >> the terrifying ordeal for a courageous 7-year-old who walked a mile through dark woods to find help after a deadly accident. >> she actually went the best route. >> we'll talk to the neighbor who found her. >> and justice for victims of the boston marathon bombing. the defense fighting the delay and moving the trial. it is all happening now. >> but we begin with a brand new landscape in washington d.c. by this time tomorrow, republicans will be running the show on capitol hill with a democrat in the white house

who insists he wants to work with them. >> welcome to "happening now", i am jon scott. >> hello, everybody. i am jenna lee. the president said the veto pin is standing by and could get a work out. and the president just got back from his holiday break and hitting the road traveling to michigan, to arizona and back to tennessee. it is a quick loop around the country to sell his plans for the state of the union address. ed henry has more on what the president would say. >> reporter: jenna, good to see you. the president wants to talk about the economic recovery and why he will hit key cities like detroit where we saw a rebound with the autobail out. what is interesting, as you note, this is the first time the president will have the

political dynamic of republicans running both chambers and his aides will talk about how he works with republicans. over the holiday, the president said he would be doing the opposite listen. >> i haven't used a veto pen since i have been in office often, now i suspect i will have to pull that pen out. >> his aides said he will work with republicans and he said he will use the veto pen. and he will move forward with executive actions and go around the republican congress. it is a little bit of everything. >> have you asked to see the veto pen and is it a red felt tip marker on the desk or what? it sounds a little bit like the president is is threatening to use that and republicans are going to test that, but where do

we go from there? >> reporter: thoo that is the question. you have the senate republican leader mitch mcconnell talking about initiatives like the key stone pipeline that will create a lot of jobs. the president might veto that if it gets to his desk. here is mcconnell who explains. >> they are tired of the act. to give you examples like the approving the key stone pipeline that would put people to work. >> reporter: so if the president is talking about working with republicans and the first thing they pass is the key stone pipeline and he vetoes is. that would be the opposite of what the white house is talking and the president might be welcomed back with legislation like that. and we welcome you back. >> thank you for much.

ed, great to see you thank you. >> the incoming senate majority leader has information for the troop. his goal is to reach a functional majority that scores some conservative points. i don't want american people to think that if they add an republican president that would be a scary outcome. i want the american people to be comfortable with the senate being g a reasonable, right of center governing majority. don't be scary the mantra from mitch mcconnell. >> he has to look at the other chamber tomorrow is the first test for the republican leadership in general. speaker boehner is experiencing muttiny amongst the ranks. you have a dozen of republicans

saying they will not vote for him as speaker. it looks like he will survive. but if you have 20 some members from the house defecting and not voting for speaker tomorrow. that will end up affecting the senate and what mitch mcconnell can ultimately accomplish. mcconnell looks like he will have an easier time keeping his republicans in order, but if the house, he can't get house legislation through his senate it will make it much tougher to get the agenda items on through. >> and the minority in the house gop majority they are angry because speaker boehner is not been conservative enough? >> reporter: right, he has cow- towed and dealt with obama on budgeary issues. look. these are the hard right idea

logical members of congress. they will challenge speaker boehner. and it looks like speaker boehner will survive but you will have that story leading in the rest of the week when mitch mcconnell may want to call for a vote for the key stone pipeline. he told the members, we want to set forth the pipeline, no other amendments or dealing with obama care with this, but send a clean bill to send to the president on the key stone pipeline but if the house can't do the same thing, the senate bill is moot. >> one assumes that the president will veto it, right? >> reporter: yes, i expect the president will veto the key stone pipeline. everything he signalled looked like that's what he will do. and that means it is incumbent on whether the republicans can override the president's veto

and they would need a bunch of democrats and that seems pretty tough, especially in the house among the democrats, joining on that. and mitch mcconnell said we'll do the best we can and if the president vetoes it. we will use it as a clear difference between the republicans and democrats. you will have most of the presidential candidates favoring key stone pipeline and then it becomes a tougher question for hillary clinton, if she decides to run, she has to decide whether to side with obama's veto or supporting the key stone pipeline a poll show most americans support. >> he doesn't expect to make big deals on big issues in the

country but believes they can reach agreement with the white house on revenue streams and overhaul of the tax code and international trades deals. does that save the voters? >> i think it would satisfy some voters, but you still have tensions in both parties you have a conservative element that is brewing and believes that john boehner gives away too much in every budget deal and on the democratic side the elizabeth warren wing of the democratic party will not want to compromise especially on the issues of trade when you see manufacturing ripped apart in the industrial midwest. you will see a lot of progressive democrats stand up and say no, because we lost the election. and many ways what the republicans did we'll not go this far. you will see democrats coming

over on key stone pipe line and we could see that on the senate side. >> let the fireworks begin. david, thank you. >> thank you, john. >> we want to hear from you with the new gop- led house and senate, do you think they can work with the white house and vice versa. our live chat up and running and go to fox news/"happening now" and get your thoughts in the consideration. >> more good news today. and 2015 getting off to a cold start for much of the country. two wave was arctic air rushing down from canada and the severe weather down south, includeing reports of a tornado in georgia and the threat of snow. and meteorologist janice dean is tracking all of it and mike to bin who is tracking the frigid air. >> the wind chill advisory is lifting in chicago and the bad news it will not stay that way

and wind blowing and it certainly doesn't feel like the temperatures have lifted at all. we'll see the temperatures dip later in the week and snow is on the way with snow in the city of chicago. the city had the entire fleet of trucks out on the street. main rods and side roads clear and garbage pick up back underway. that epitire fleet of trucks will be back as more snow is expected. only lucky break for the city the snow is expected to reach after rush hour. >> this is the midwest and people are tough and roll with it. >> i have been living in chicago 50 years and unfortunately, winter is here. hopefully it will go away soon. >> i just need to put on to stay warm. layer and boots and tights, just do. it it has been night but it is

chicago. >> and there is bitter weather all over the midwest. particularly by the water and bracing for upwards of four everyones. and in minnesota it is too cold to ski. temperatures around negative 22. and wind chill making it feel like negative 35. and no fun to go skiing. and a spokesperson said it happens every year. and they can deal with the snow removal and if your flight is delayed look for another scapegoat. >> check in with the meteorologist. >> jan ice dean is checking the arctic blast; what is going on? >> it is it winter. and i have been to war zones and i have my coat on. and courtesy of my friends and relatives in canada, look at below 0 for many of the big

cities and that is going to it dip southward. chicago where our friend mike to bin is. it is one. and wind chill makes it feel colder. like minus 17 in chicago and overnight tonight, we'll see wind chills in the northern and upper midwest minus 40 degrees. and so dangerous. and people need to stay indoors. there is a look at morninlows as we get in wednesday and thursday. it feels like -- these are actual air temperatures minus 13 in chicago with the wind chill and so really dangerous. and there is chicago. and six for your high tomorrow. and balmy and comparatively speaking for thursday and a shot of cold air by the weekend and things warm up and heading in to next week. i want to say hi, to jenna lee

you are not blaming me for winter. >> thank you, jenna. i spent a decade in miami and they are laughing right now. they love this stuff when the rest of the country is freezing. >> total wimps. guilty. >> and we don't want to forget what is happening in wall street. there is a major selloff going on. the price of oil dipped to a five year low. you can so affect on energy stocks and wow, kicking off on a down note 300 points. and a new push to honor victims of the fort hood massacre. why they are closer to getting recognition they deserve. and an amazing story of a courageous little girl that

survived the plane crash that killed her family and braved the elements to search for help and the man who answered are her call, next. but when i started having back pain my sister had to come help. i don't like asking for help. i took tylenol but i had to take six pills to get through the day. so my daughter brought over some aleve. it's just two pills, all day! and now, i'm back! aleve. two pills. all day strong, all day long. and now introducing aleve pm for a better am.

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no going back. >> a heart breaking and inspiring story in many ways from a deadly plane crash. the seven-year-old girl is the sole survivor of this crash in kentucky on monday night. her parents, sister and cousin were all killed when the small plane went down. investigators hope that young sayler can shed light. >> having a witness gives us kind of a story line. >> she pulled herself from the wreckage and a mile from the cold dark woods to find help for her family. she reached a house and knocked on the door and the man who answered that is with us on the

phone. we heard your story. take us what through and describe what you saw when you went to the door. >> i seen a bloody little girl seven years old. she had a bloody nose and her legs were stripped from the bottom of the shorts to the stop of her feet. she was composed for somebody that went through what she had gone through and she was trembling and it was cold. she was barefooted and walked probably from my back door to the plane crash site was a quarter of a mile but this area was hit with an ice storm in 2008 and the remanents of a hurricane prior to that and i

would say 30 percent of the trees were knocked down and broken and laying on the ground. a lot of briars and wild rosebushes and like i say downed limbs and one of the ravines is probably 15 or 20 feet deep that she had to cross barefooted pitch black. >> what went through your mind larry. she starts to tell you her story, what did you think? >> before she told the story i thought she was in a car wreck. you know i never seen a plane crash in my life, and every one i ever seen was on tv when you think of a plane crash you think of a big boom and a fire and when she told me her parents were dead and she was in a plane

crash, and the plane was upside down, i brought her in the house and laid her down and put, i always heard people in shock you elevate their feet and then i called 911. >> we have a short bit of time. but now you have had a couple of days to digest it what do you make of the fact that she survived and wound up not on anyone's doorstep but your doorstep. >> there is a security light and she had training and survival training and i am not knowing it to be a fact, but she probably followed the light. you know, i am so happy that i was at home and she found us. >> we are certainly happy as well. i know your grandfather and you know how to handle the kids.

>> tragedy in the air and a cargo ship goes down and where this happen and what happened to those on board.

>> off of the coast of the

england, a cargo ship loaded down with luxury cars like rolls rice and land rovers and they ran into a problem and ran aground off of the coast of england. everyone is off but the cars remain and apparently it will take time it unload all of that. if you ordered a new car and it is delayed and not an image you see every day. >> probably a deal with a rolls with salt water. >> right now eight crew members are presumed dead after they sank and cap sized off of the coast of the northern ireland. it was carrying a load of cement from denmark to english coast. that ship ran aground saturday as well. a spokesman said severe weather

may have been a factor. the chilling photoshoes the hull upturned on the ship before it safrnth. >> there was a spat of stories of how he was a chest master and outmaneuvering the west and mr. obama and this and that and the other and right now presiding over the collapse of his currency and financial crisis and a economic contraction. that doesn't sound like somebody who rolled me or the united states of america. >> the president giving his take on vladimar putin before his christmas vacation. but this year the chessboard, the key alloy said it is time to lift the sanctions on rushiasm the french president said sanctions must be removed in order to make progress on talks concerning ukraine this month.

is that a good idea? will other u.s. allies go along with it? we'll have fred here. what do you think about this and walk us through the right decision here. >> happy new year and welcome back. what concerns me when i hear the statement he has not thought through the strategy of putting economic sanctions against a nuclear armed state with an unpredictable leader. the purpose of the sanctions was to change putin's behavior and we wanted to harm the russian economy and not destroy it. and the rest of europe sos that the sanctions are so severe putin might try to retaliate. >> if russia is so close to economic collapse and catastrophe, why is it not changing putin's calculations? >> i don't know how close russia

is to collapse. oil prices will not remain low that long, and they can do short term damage to eastern europe where there is a high reliance on natural gas. the euro is in trouble with the possibility of greece leaving. and what if putun said i will invade another state unless these sanctions are lifted. >> there is it many entertaining what is his next move. who is more important to us as we start the new year and looking at the world stage. do we have more priority in europe and making sure allies are comfortable there or vladimar putin and getting him out of office and unrest in office that stirs that change, what is the priority as we look at that coptinent? >> i think putin realizes it is only a matter of time we drop

the sanctions because we have to work with russia on the iranian nuclear program. we'll have to back off on the sanctions and keep sanctions on the individuals responsible for the violence in ukraine. but denying russian firms denied to western capitol is over kill. the cost of the economy is too great. >> he's behaved badly and he's in ukraine and took part of the country. and why take away the consequence? >> it is reprehensible. we deal with states this do that all of the time. the cuban leadership hasn't done going to meet requirements of the sanctions that are lifted it. china is repressing the people of tibet. sometimes it is painful, but it is a reality of international politics. >> fred, very interesting and great to it see you as always.

>> 2015 is just a few days old and the white house 2016 race is shaping up as more big names consider a run. and jury selection underway in the trial of accused boston bomber jokar tasarnaev. prosecutors are pushing for the death penalty. two boyfriends. three . you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance.[cheering] everything okay? we're here because you're about to have a heart attack. pete's heart attack didn't come with a warning.

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the 2016 presidential campaign lining up. carl has the details from washington. joishgs welcome to a new campaign cycle and this time presidential. in the early staplings it is almost always about organizing ability and raising money. former arkansas governor mike huckabee winner of eight states has made his move and departed fox news to look at a serious run for president. >> if i were willing to absolutely rule that out, i could keep doing the show. i can't make such a declaration nor is it possible for me to openly determine political and financial support to justify a race. the honorable thing to do at this point end my tenure here at fox. >> he goes out looking for money

and grassroot organizations. he won the iowa caucus. and he is a economic popullist and under fire for a super pact that promise to make sure know his poor record of raising taxes and spending as governor. he in addition chris christie a lifelong dallas fan went voiral with an awkward hug of jerry jones and christie's victory lap as charm of the governor's association will closely look at a presidential swing. and he will visit early caucus and campaign states including iowa and new hampshire and iowa and florida. mr. bush severed private business ties and set the pace by forming a exmroratory

committee last year and holding his first fundraiser of the cycle and it will take place in greenich, connecticut. and it will be hosted by his cousin. money and grassroots is what they are focusing on and to be a contender now or 13 months before the first caucus. real contenders will have to raise 50 or hundred million to develop a grassroots but a digital campaign. >> 50 or hundred million just gets you in the door. >> that gets you to iowa and nothing about the general election when it is added up over 6 or 7 billion. >> carl cameron on the campaign trail. >> jury selection underway in the trial of johartasarnaev. he is charged with the use of

weapon of mass destruction and the trial is expected to last three months. three people died in the bombing. tasarnaev was accused of killing a mi t police officer. and not to mention more than 200 people that are injured in the attack. joining us is our attorneys heather, there is a lot to the case. but one of the things we watched, the judge denied a venue change and the jury selection happening today the results may impact that how so? they can't get a impartial jury they will decide on the venue change. remember when timothy mcveigh was tried they gave a venue change. for the same reason as here.

impartial jury. the worry about the judge's ruling it is an immediate grounds for an appeal. >> how do you find an impartial jury? >> in this day and age, everybody knows everything. that should no longer be the standard. the prosecution should give them a change of venue. and the evidence in this case is overwhelming. it is not a amount of guilt or on innocence, it is matter of life or death. it is a slow plea. the defendant will try to gain sympathy from the jury and that is the only defense he has. >> what dow think the chances are of that eventually heather? he is up for execution. >> there is a colorado method that is used in picking a jury in this type of cases, all you are looking for is someone who

does not give the death penalty. if you get one person that will not give death penalty he gets life in parole. they are looking not if they are against muslim but to so if they would be giving the death penalty. >> how has the prosecutors hand uponling of the case so far? some of your concern is not an outerate radio criticism? >> it is a criticism. the prosecutor doesn't want to cave so to speak and say we'll plea bargain with a terrorist. because you don't want that to help next time people decide to kill with weapon was mass destruction. if you are a taxpayer what is the point of using tax dollars to go through the trial if you took death off of the table the department would take the deal

probably. >> you wonder what the victims are thinking. one victim who lost a limb, i don't care about the death penalty, i will never get my leg back. and another, the moment he hit the acivator he deserved to die. >> if the victims as a whole felt it is something they want to pursue i agree with that decision. >> just from a legal perspective. how do you think that justice is best served? it is a case of trial and appeal? >> it is a deal as you mentioned, what does justice look like? >> it comes to cases of terrorism and that's what this was, i think you have to go all out and not make the plea deals. you will meet with the victims but they don't have the final say. the prosecutors really do and they are making the right decision in the end of the day.

give them the venue issue. >> the thing is here, ultimately will he be put to death? it is doubtful. in two in massachusetts they gave one and the other was reversed. >> very interesting and just the beginning of the case and certainly a lot more. and great to have you both much thank you so much, john. >> and if you your kids are a student athlete you want to hear about story on concussions with young people and what seems to help them recovery.

>> hi, everyone. coming up on the real story. breaking news about the u.s. members of the ski team killed in the avalanche. and several conservative members of the house not voting for john boehner for speaker. why? one of them joins me live.

and a prochlinent hedge fund founder murdered and his 30-year-old son is the prime suspect. what could have possibly happen with the crime. join me in the top of the hour. >> this is brand new research calling in to question the five day waiting period that is the norm after younger people suffer a concussion. the study compared patients 11- 22 years of age who waited five days to resume physical activity. the patients who waited longer reported a slower recovery than those who were told to rest 1 or 2 days. what is up here? dr. roz is a associate professor in the eyu medical center. do these results surprise you? >> a little bit. we associate traumatic brain injury with the more rest the

better. and the researchers from wisconsin were surprised when they compared two days of rest to five that the shorter rest was better. we are talking about headache and nausea. but when they tested brain function and balance they were equal. but one of the factors we are talking about teenagers don't like being in bed too long and they reported mood changes and anxiety. and that is part of what was in play. >> telling a teen to sit in a darkroom and don't get in touch with your friends would probably drive them bonkers. >> it is important to remember it is one study and it was 88 people and it is not a bad number. when it comes to immediate issue. it is different. you want to speak to your doctor about the individual situation. >> apparently mild concussions here and the time you can get

seen by a doctor and you go home and you can't go to the hospital. >> they were seen in the er and sent home. totally different story if your child was admitted to the hospital at some point. >> the brain is an organ and injured in a concussion and bruised, one would think that staying home and resting is not a bad thing. >> there should be rest for a certain period of time. and dark dmoiz and that may be overkill. we are not saying going back to school and do sport activities and they need to be determined by your doctor. >> and we want to share with viewers something about kids using the screens and so forth. and iphones in their rooms at night. >> we have all heard that having a tv is not a great idea.

it is ten years too late and talking about the smart phone and tab lets. and they will disrupt your child's slope if they are using them close to bed time. it is better to keep the equipments out of the bedroom. >> keep the smart phones away from the. >> and thank you. gen a. >> trace doesn't have an iphone and he's only four months old. >> and doesn't have a phone number. >> just wait until he's six months and he will be telling you. >> and all right. special recognition for victims of the fort hood shooting and how a group of law makers is working for them to receive the purple heart. trust dulcolax® for dependable relief. try free at dulcolaxoffers.com dulcolax® stool softener makes it easier to go comfortably. hurry! try free at dulcolaxoffers.com. dulcolax®. designed for dependable relief™. americans drink 48 billion bottles of water every year. that's enough plastic bottles

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right now, carolina panthers head coach, ron rivera, and his family are safe after their home caught fire overnight. officials say the fire started around 4 a.m. it caused significant damage to the attic and the roof. smoke detectors worked properly thankfully. they woke up the family allowing them to escape unhurt. the victims of the 2009 fort had shooting are now a step closer to receiving the purple heart. major nadal hasan shot and killed 13 people and wounded more than 30 others. now, victims may qualify for the hop fer it can be shown the attack was motivated or directed by a terrorist organization. should be easy enough but you know how things go. never quite easy with this. hasan has already admitted to carrying out the shootings in the name of jihad. our chief intelligence correspondent is live in washington with all the details on this. katherine? >> reporter: thank you. the legislation that funds the defense department includes new language that requires the pentagon to reconsider whether the victims of the fort hood

massacre qualify for the purple heart, one of the department's highest honors. for texas senator republican john cornyn and others there is little doubt the 2009 attack at the texas army base meets the criteria for the award. nidal hasan convicted on 13 counts of premeditated murder and 32 counts of attempted premeditated murder exchanged e-mails with a known terrorist in yemen, seeking his spiritual approval in the attack. in subsequent letters released to fox news the major pledged his loyalty to the leader of isis. a lawyer for the victims and their families say the purple heart is much more than simply receiving the combat-related benefits. it will be a lifeline because so many of them are still too damaged to work. >> the people who have ptsd both those who were hit by bullets and others who were in that area, that is a very, very debilitating condition. and they are suffering on a daily basis. and as i said, families have

been broken apart. >> in a statement, senator john cornyn writes today, no purple hearts or the civilian counterpart have been awarded to the victims, many of the benefits associated with serving in combat zones have been similarly withheld. this is wrong and it requires our immediate attention. in a statement, the defense department said they are aware of the change in the legislation and they are reviewing all indianapolis accidents since 9/11 that may qualify and they did promise quick decision in the near future. as jenna from the get-go, it was classified as workplace violence and the victim's lawyer says there was a big push by the administration a the defense department to keep that language out but they were not successful. and great to have you back by the way. thank you, katherine. appreciate t an important story to see the resolution to maybe some soon. we will see. katherine, thank you. sure. republicans are ready to take the reins on capitol hill as of tomorrow. the drama already building. with speaker of the house john

boehner facing a noisy challenge for his leadership post.

just in, gay marriage is coming to florida's miami-dade county a half a day earlier than the rest of the state. a circuit court judge lifting the ruling declaring it up constitutional. outside of miami-dade, most florida court clerks will start marrying gay couples tomorrow, some of them 12:01 a.m. this after a federal judge's order. same-sex couples now will be able to marry in 36 states as well as washington, d.c. you told me i wasn't gonna get away without showing a few -- you told me i had to bring in the baby. >> everyone wants to see in the baby. you are going to do that one of these days? >> sure what i could? bring in the baby for real? like -- >> a big fan? >> he can sit next to you, john babysit him. there he is. there is our little baby trace. that was his special holiday

hat. he loves it, obviously. i mean, if toad choose any hat, it would be that one, little rudolph. and then we have a few more. he actually had his fox news gear on, just to show support of mom. and we have another one that i just took of him the other day. he is a real sweet little baby. very very calm and nice. i don't know where he gets it from. he is like super calm. >> does he have a navy s.e.a.l. hat, too? >> he does have a navy s.e.a.l., some navy s.e.a.l. gear. this, by the way, you see hill little legs? i walk into the living room in our friend's cabin look who is on the screen. trace was watching special report, right before bath time. he likes brett bair and the panel. i don't know what to make for it. >> well informed kid. puts him right to sleep afterwards. >> thanks for joining us. the real story with gretchen starts now. and welcome back to you jenna, beautiful pictures of why urbeby. we start the real story today with the fox news alert. two promising young members of

the u.s. ski team killed by an avalanche but mothers their group survived. we will tell you how. plus several conservative members of congress say they are not gonna vote for john boehner for speaker of the house. why? we will ask one of them. and it was the hug viewed around the world and the stadium. why the chris christie/jerry jones hug fest getting so much attention and who's saying get a life. i'm gretchen carlson and the real story starts