percent. >> i hope it getting pulled fast like a to the. >> they went to 133 ballots, and we'll keep an eye on it. and more on the vote for speaker, "happening now" starts right now. >> that is our fox news alert at the beginning of this hour. will john boehner hang on to it the gavel as speaker of the house. >> republicans are controlling both chambers and mitch mcconnell is the new majority leader. we are covering all of the news "happening now". >> a brand new congress convenes today. >> i said before if congress fails to live up to his responsibilities, i would act on my own. >> will president obama's vow to take executive action help or hurt him when he deals with the republican house and senate,

plus, a chilling 911 call reveals the last momentses of the frantic teen. >> they were murdered in cold blood by their own father in an honor killing. they are ramping up efforts to put him behind bars. >> breaking ground for the bullet train. will this high speed rail lineup date the infrastructure or does the hefty price tag outweigh the benefits? it is all "happening now". >> we begin today with the changing the guard in the united states congress. for the first time since the bush 43 administration, republicans control both the house and the senate. welcome to the second hour of "happening now", i am jon scott. >> i am jenna lee. reenacting the oath of office for the senators.

the official ceremony happen earlier behind closed dor. the president insists he wants to work with the republicans, but also warns that his veto pen is ready and more executive actions are in the pipeline. we'll kick it off with more on what this means for the president? ed? >> reporter: funny you used the word pipeline the key stone pipeline is not an executive action but expect legislative action and the president is hinting at a likely veto if the republicans in the senate and house pass it. the president is talking a good game about working with them but talking about vetoes and planning to do campaign style events all over the country out on his own and teaming up upon more executive action as you suggested rather than working with republicans. listen. >> he will benefit middle-class.

>> he's moving forward on executive action. >> the president is determined to make progress where he can on his own. >> reporter: this week, the republican is not meeting with the new republican leadersrship or the democrat leadership. we are learning that next tuesday, the president will host republican and democratic leaders in the white house to get the agenda going ahead of the state of the union. >> the president is facing criticism for the executive actions and the republicans say now they have control of the chambers, they will reign him in. how will they do that? >> reporter: the president is facing heat and the republican speaker john boehner is facing heat because he promised to reign the president in on health care and immigration and republicans like ted yojosing republicans have promised that no and not delivered.

>> every member of congress should have voted for that. that raips in the president from rewriting the immigration laws. we have to hold him accountable. >> reporter: you can hear the republican's frustration and about the gop's failure to stop those. and the president is meeting with the mexican president endorsing the president's executive action on immigration. that's not going to win the president more support on capitol hill. >> sorry we made you go outside and stand in the snow. it is beautiful and looks great behind you. >> christmas card kind of stuff. president obama is hitting the road to push his plans for more executive action as the republicans take over on capitol hill. the president will head to michigan and talk about autoand

manufacturing. and out to arizona and talk about homeownership. and back to tennessee and talk about college and skills development. we'll talk to jon mccoram am. and and she ia. >> the welcome to you both. the president will not talk about immigration in arizona, shera, what not? >> it is probably not something he generally wants to talk about in arizona are state with a history of heated and controversial laws on the issue of immigration and also because at the same time here in washington congressional republicans are considering whether or not to keep funding the department of homeland security after the end of february as retribution on the president's acts on immigration. >> there might be ways for the president to find agreement.

why not explore those areas off of the bat. >> he's not interested. after he won in 2008. this time he has had a stunning rebuke and talking about executive orders. i think the president will try to get away with everything that he can that the court will not stop him. he can drag the party down so far, there is no chance democratic can win. he hasn't paid a price for the huge executive order on immigration in the fall and his poll numbers ticked up a bit. he is probably emboldened by that and maybe a temporary blip. but a lot of republicans hoped for a huge back lash and the president would sink down in the 30s after the big order on

immigration which many say was caesarism and lawless. there are good arguments, but no back lash in the polls so far. >> sherry, you hear the congress refusing to act or exercise his responsibilities. really what it has been two houses. formerly democratically controlled senate and republican controlled house that couldn't agree on much of anything. that's not saying they are not doing their job but just not agreeing. with the president having the bully pulpit, can he frame the argument in such a way he comes out winning and looking like the adult in the room i guess, when he said congress is not living up to its responsibilities. >> look if you thought we had divided government in the last two years that is nothing. starting today at noon it is the eran of divided government

and will change the dynamic between the president and the congress. look in the past the president has been known for having strained relationships with republicans and democrats on capitol hill. there are no signs that it is improving except for maybe a few issues that we talked about in areas where they can compromise. they are not huge issues. cyber security reform and raising the gas tax or raising funds for infrastructure. that may be two sides of the city come together there. >> and what is going on in the house, speaker john boehner is hoping to hold on to his gavel as speaker. and there have been challenges. geomer and yoho, suggesting that the speaker is not conservative enough. is there any likelihood that john boehner loses the gavel or

go to a second vote? >> there is a small chance. there were surprises recently. scott garrett of new jersey and chris gibeson of new york they didn't vote for boehner and that was a surprise to me. in the end of the date i don't know where the vote stands. >> if that 11 votes for others than boehner right now from the republican side. >> it would be hard to get to whatever they need. a lot of democrats in the chamber and lowers the threshold that boehner needs to win. if everyone was there there could be 29. depending on how many show up today. >> sherry, opponents of speaker boehner feel that he's not been robust enough in challenging president obama i wonder if in some respects if wake --

weakening him does that weaken his standing with the president. >> it does, it reenforces the narrative of john boehner not being able to control the house. if you paid any nows, it has been an issue for the speaker. in the long run, i don't think he will have a problem. many new york democrats are in the funeral of mario cuomo and that raises the threshold republicans need and house republicans can leave the vote open a little while longer while they twist arms or whatever. two years ago john boehner was sweating bullets on this vote and today, he's not sweating bullets. >> thank you both. we expect the vote on the key stone pipeline probably this week and could be the president's first veto.

it will be interesting to watch. do you expect president obama issuing more executive orders in the first week of the new year. our live chat is up and running and go to fox news.com and america's asking. >> two senators are putting forth a measure to approve the completion of that project. the republican senator from north dakota and democratic manchin announced the bill. house leadership set a vote for friday on the same pipeline bill. that approved in november. the oil pipeline has been caught up in a lot of red tape and politics. the white house said the president has environmental concerns and a new fox poll show that seven out of ten americans support the pipeline project. >> hundreds gather in a church in new york city to pay respects to three- term governor mario

cuomo. some of those attending include bill clinton. and mike bloomberg and cuomo's son. here's more. >> hello, john. it was a very powerful and personal and poignant funeral for mario cuomo. >> reporter: the coffin was brought down the steps of the church in manhattan. they gathered to say fare well to a liberal icon. ♪ ♪ >> reporter: it was the sounds of the bagpipes that the flag draped cofin was brought up. among those attending is president bill clinton and his family and the current governor andrew cuomo and his wife and

children and 14 grandchildren. years old when he died on new year's day. and his son andrew took to the pulpit and talk about his father in an intimate way saying he started as a lawyer fighting city hall. and sob of an immigrant and an outsider who he said was his edge. his father was energetic and loving and a man of integrity and resisted the liberal label and called himself progive. he wanted government to always be for good. mario cuomo was at peace of who he was and how he saw the world. this made him anything but a typical politician but he was not really a politician at all. his politics were more personal belief system. it was who he was. not what he did.

>> reporter: governor cuomo was a devout catholic and personal and public issues sometimes deviated from the church teaching. he gave a famous speech to the notre dame university which he said he is attached to the church by birth and choice and love. he's an old- fashioned catholic and gets confused and feels better after confession. catholic church is my spiritual home and my heart is there and my hope. his son, the current governor talked about how his father was a fierce debater and those who covered him for many decades would see those in the new's conference when it would be tutorials of philosophies and love. mario cuomo will be missed. >> i met him once here in fox along with his beloved wife

matilda, he was a gentle man. >> looking at the wall street. could there be a silver lining? we'll get into that. americans drink 48 billion bottles of water every year. that's enough plastic bottles to stretch around the earth 230 times. each brita filter can replace 300 of those. clean. clear. brita water. nothing is better.

a fox news a scomplert a story that royaled the new york city police department. two people are under the arrest after the shooting of two nypd officers. those two, the shootings took place in the bronx. police say they have arrested two suspects. one of them one of them apparently a male who entered the hospital with a gunshot wound in the back. after the officers were shot the suspects carjacked another car and took off and crashed that car. the good news is, that two

suspects and now three, we're told have been arrested after the shootings of two new york city police officers in the bronx last night. in the meantime the midwest and northeast hit with snow and bitter cold. the storm is dumping a foot of snow. chicago saw is seven inches and look at the radar. snow in the great lakes and into the northeast. wind chills up north and in the midwest are in the negative 20s. we'll see wind chills in the negative teens in the st. louis and to negative 50 degrees in some areas of minnesota. why even take the temperature. >> bundle up. not a good day for investors there is another triple digit drop in the dow. this as oil prices fall below the $50 a barrel mark. joining us is lauren.

i thought lower oil prices were good. >> they are for the consumer and driver and person booking the air fare and not for oil producers that are part of the stock market. buckle up people. yesterday was ugly and investors were hopeful for turn around tuesday. they are not getting it at all today. in the start of the year that's when investors pour fresh money in the stock. it is why a 500 point plus plunge makes people nervous. but the plunge in oil prices, that's why the stocks are down. it is great for the drivers and shoppers and consumers and not good for chevron or exxon mobile. oil falling to under $48 a barrel. that is a third of what it was six years ago. we have u.s. steel that will lay

off 600 workers. and a plant in ohio that makes steel. companies are not making as much money and earlier today, disappointing reads on the economy. both reports for last year. real estate firms grew at a slower place in december. and then orders for goods in u.s. factories fell in november. and this is one to do with the calendar i want to focus it. third year for a presidential term. and let's be hopeful for 2015. the wild card is the fed. if they raise interest rates too soon that would be a bad thing or maybe not. >> i like to be hopeful and i like gas under four bucks a gallon.

>> so do i. try like a buck 50. >> we'll take. it >> and we are waiting to see if joan boehner holds on to his post in as speaker of the house. we'll watch as the votes get tallied, we'll be back with more. here's our new trainer ensure active heart health. i maximize good stuff, like my potassium and phytosterols which may help lower cholesterol. new ensure active heart health supports your heart and body so you stay active and strong. ensure, take life in.

snrngs republicans attack control of congress today, we'll look at what some are calling a new strategy for the party in 2015. with the gop looking to at this time courts to take on controversial elements in the president's agenda including health care. joining me is jay sekelo. you were quoted on the new york times piece what does this look like in 2015. you said that the courts are the

venue, really to try to keep the presidential authority in check. why do you believe that? >> well jennifer welcome back. the reason the courts are the venue is the founders of our country and founding fathers set up a constitution that has three branchs of government. the president is supposed to execute the laws and the judiciary determines if they are constitutional. impatient presidents don't change the law because they run out of patience. that is what happened with president obama here. the return to the courts is the normal constitutional process you go through when you engage in a situation where the president overreached or acted without congressional authority. he did so in the immigration matter and in the supreme court rejected the president's attempt, 9- 0.

and i am hopeful for the same outlook here on the immigration litigation that is now going on. i am in favor of comprehensive immigration reform but it has to go through congress. >> before getting in the legislation, specifically, there are critics that use the courts and critics of not only the strategy but when the strategy doesn't follow their own agenda. one democratic congressman said it is judicial activism instead of the healthy way the courts are supposed to function. >> it is two- fold. i do a lot of work with the supreme court of the united states. you talk about judicial activism, a court creates a law that doesn't exist. that is judicial activism. what is not. if a court determines that an act violates the constitution.

that is the proper role of the federal judiciary. and those people are saying that the conservative calling for judicial activism. that is nonsense. they are inflating two concepts incorrectly. it is clear the role of the court when it comes to the president acting with authority or over reached. in this particular case he overwleech the. that is different than the court saying this is a constitutional right. >> you talk about personal liberty. i am just wondering how you feel when some of the decisions and i know you fall in the legal side of it. but liberty is something you are passionate about. is this a danger of going to the courts when there are elected officials put in place by the people to hammer some of the stuff out? >> the danger when you go to the court, you never know what the court will decide. that is the risk of litigation and we call it the hazards of litigation. i don't run with the view that going to the the courts is a,

last resort or b, somehow changing the way we operate as a constitutional republic. i don't buy that. i view the courts as the appropriate venue and as i said in the piece of the new york times. it is an appropriate venue to determine whether an act is constitutional or not. and by the way, that is the the role of the judiciary since marbury versus madison. >> taking it way back. >> yeah, way back. and that's the way the court operated since its founding. sometimes you get decisions you like and sometimes you don't. still the best system in the world. >> fairplaying. i have to ask you. something happen to me on maturnity leave. i am listening to christmas carols in the state of texas. and the dj said this is the jay sekelow band. you have a jam band.

♪. >> a great jam band with incredible musicians and i am the drummer on that particular song and play the guitar for others. we have a facebook page for the band. we did a project at the christmas to help the persecuted people around the world. and that's where the proceeds of the album went. and we have a lot of great friends joining with us. >> i didn't know. >> i am glad you heard it jenna. >> all of these years and i had no idea. you are not like in your mom's garbage? >> the 70's rock drummer, there you go. >> it is very good. our viewers should check it out. jay, thank you for waying. >> we could have challenged mike huckabee with a battle of the bands. >> yeah. thank you, jay. >> and something you do every day. we are keeping close eye on high

stakes maneuvering in washington. members of congress take their seats and choose their leaders. conservative law makers are challenging john boehner. plus, they are building a super fast bullet train incalifornia. but it is way behind schedule. now your tax dollars could help finish this thing whether you live there or not. and while we all live in america, most of us are proud of our home states, are you better living in a red state or blue state. an interesting argument ahead. if you're running a business legalzoom has your back. over the last 10 years we've helped over one million business owners get started. visit us today for legal help you can count on to start and run your business. legalzoom. legal help is here.

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>> in the top of the hour. legislation that senate and house are working on to approve the key stone pipeline. here is the latest from the white house on what the president would do if the house and senate pass the legislation. >> the piece of legislation is not altogether different than was introduced in the last congress. and we put out a statement that the president would have veto had it passed and if this bill passes this congress the president will not sign it either. >> the president can use the

veto power if the legislation is passed. this would set up a interesting show down of the year before the new house and new senate and the president of the united states. we'll keep you posted on the united states. and if you do this, we'll do that, john? >> and this fox news alert we are waiting for the new congress to wrap up the voting for the speaker of the house. john boehner is expected to win and there is significant number of defections. ted yoho, offered up his own now along with texas go mert. each voted for himself and there are other votes coming in including one congressman that voted for jeff sessions of alabama. it is true that you don't need to be a member of congress to be speaker of the house although it is my understanding that never happen in the history of the

nation. and chief congressional correspondal mike emmanuel is keeping an eye on all of that. >> reporter: allies of john boehner would like to get past the vote. they would like to celebrate the republican majority and get to work. we'll look live at the house floor where the vote for speaker is underway. they have predicted predicably for john boehner and nancy pelosi is from the democrat. there are three others who are arguing for new leadership. john boehner allies noted he was selected in number. and no one voted for the challengers. and so they are anxious to wrap this up. and first order of business will be a vote on the keystone

project expected friday in the house and has bipartisan support in the senate. we are pleased at this point. we have 60 sponsors and so it is a bipartisan bill. we have 63 that have indicated they support it. >> it will be a energetic process and everyone is excited of getting down to business and having opaccess to it. and we are looking forward to that. >> reporter: bottom line, the president of the united states issued a veto threat and invited the top 16 leaders in congress to meet with him to try to find common ground. but we have to sort out the election for speaker. >> hard to find common ground when the president makes veto threats and issuing executive orders. we'll see approximate that? >> reporter: add tension to the meeting. >> it is going to be an

interesting couple of years mike emmanuel, thank you. >> and the president is taking his message on the road ahead of the state of the union address this month and the big question of the new years whether or not the country is on the right track? the new york times colume look at where people live and who is better off. people in red states or blue states? ret states economy is on energy and cans agriculture and suburb an sprawl and lower wages and higher poverty rates and lower levels of education on aefrmg than those of blue states but they benefit from a lower cost of living. and american dream and big house and backyard is achievable in arizona than massachusetts. is there a right or wrong way? larry and charlie, so

interesting debate th comes up. let me talk to you first about whether or not there is economically a right way. this author said the red states are booming, but it is unsustainable: is that true? >> he said the standard've living is higher on the blue states and said it is on average. as someone who covers the financial average that is skewed by the salaries and hedge funds and wall street businesses. that's where people in new york and connecticut and even in california, there is financial types. and the movie industry. those are big salaries and they are above average skew the average. and to make a point that the average income is higher in the blue states and look how great that is absurd. anybody knows your dollar goes further in florida than in new york. that's one of the reasons why new yorkers retire in florida. >> larry weigh in on what

charles had to say and a lure of cheap growth handed the red state a distinct political advantage and said the real power dynamic is red because of that do you agree? >> well, they also suggest that red states are eventually going to be the down fall of america. so this piece is full of incredible overgeneralizations. there are wealthy red states and poor red states. and it depends on the situation and the circumstances and it varys from county to county and city to city. i think we are better off focusing on policies and focusing on good solutions in the federal context and individual states than indulging in the overgeneral jagz.

>> look at new york state. down state new york and they do well. people work on wall street. but go above put nam county in the upstate new york and it is depressed right now. we are talking about a great depression in upstate new york right now. >> is it difficult to say texas is doing great over the last five years and maybe there is something nationally to learn from texas. is that possible? >> i think you can make some generalizations. new york state and california i believe california. i know new york state for a fact and they are losing population. they are losing population because jobs are not they are losing jobs and people are moving to texas because texas is growing jobs. it is an economy dependent on the energy sector and

diversified and plenty of high-tech moving to texas. and we are talking about the red states and many of the red states have diversified economies and they have done that i believe. and we are talking politics a bit. it costs less to open a business there. >> i only have 30 seconds, larry. what does it mean that the red states are looking more accessible. does that mean something politically moving forward? >> sure it does. the red states tout that and attract more resident and gives them more congressional house representation every ten years when we have a census. and we have to note that our federal system is self collecting. blue states have cut taxes and regulation because they have seen jobs draining away.

it is good to have the states as laboratory's of democracy. >> and good tension. thank you very much. >> stepped up search for a father accused of killing his own teenage daughters is just ahead.

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light. liberty mutual insurance. >> hierb. hope you are having a great day. i am gretchen carlson. breaking details on the police officer shot yesterday. police have two people in custody. and why is the administration forcing companies to disclose the ceo to worker pay? doesn't that sound socialist. and now the nsan and spying on us through cell towers? >> and a controversial project breaks ground in california. the bullet train approved by the voters in that state two years ago.

it is way behind schedule and expected to cost taxpayers 68 billion whether you live in california or not. william joins us live with more in california. >> reporter: why should viewers carry about the golden state boondoingle? everyone will pay for this in billions in federal there is. these are the three largest infrastructure. seattle tunnel 3 billion and railroad to dulles six bill knowio and o'hare expansion 9 billion and peanuts compared to the bullet train 68 billion. president obama okayed federal money and today 60 percent of the voters oppose it. projected cost doubled and construction is behind scheduled and completion date 13 years later than. >> voters were told two hours

and 40 minutes and experts say it is over four hours and but governor jerry brown seeing 20000 new jobs breaks ground in fres no on the train. >> the legacy of the brown family they have been big thinkers and builders. it is an opportunity for the legislature to support governor brown. >> the pr destroys habitat. and watch dogs say it is sucking money from highways and require massive operational subsidies. >> this is money that is not available for health care or public safety ore education or put back in taxpayer's pockets this is money drawn out of the system for a program that is going to serve very few people. california is going to spend 4

million a day every day three years to get it off of the ground, john. and remains billions short of what is needed. backers hope that but history suggests we will be on the hook. back to you. >> what a story. thanks. well voting happening now in the leadership for the new 114th congress. will john boehner hold his post as speaker of the house? the latest in the voting is up next. [ female announcer ] if you don't think "i've still got it" when you think aarp then you don't know "aarp." life reimagined gives you tools and support to get the career you'll love. find more real possibilities at aarp.org/possibilities.

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you might remember this case. yassir said is on the ten most wanted list. information leading to his

arrest is now $100,000. this guy is accused of shooting to death his two teenage daughters, sarah and amenna on new year's day in 2008. authorities believe the egyptian national was enraged by their western lifestyle. they were, among other things dating non-muslim men. joining me in the studio former prosecutor doug burns, fox news legal analyst lise wheel is with us as well. there were some horrific 911 calls those girls made from the car saying basically our dad shot us. >> right. >> they were left to die in the cab. nobody knows where he is. there is some thought that he might be in egypt. may have gone back home to his native country. >> right. >> they're also looking for him in egyptian-american communities in this country. >> where he could be hiding in this country. we looked at the statute both in canada where he also might be. that's another possibility and

egypt. they have extradition with the u.s., so if he is found in either of those countries, he will be extradited to the united states to stand trial for this. >> even if this is a death penalty case? >> i think so, yes. absolutely. under the statute murder and even if it's a death penalty kashgs it's not like mexico. >> some countries -- >> like canada, right. >> right. if the death penalty is involved, thn they won't extradite. you are right, swron. i think what they would do is possibly just do the extradition request and say prison. >> they would do that for egypt and not for canada. >> doug, let's talk about the significance of him being added to the top ten most wanted list. >> the top ten list is really unbelievable. i've looked at that from time to time when i was with the u.s. marshal's office. there are multiple killings. the fact that he is on that list, to answer your question it simply means there will be a lot of resources put on to finding him. >> that's the case. >> a lot of resources. >> they put the people on that

list, they being the fbi. they want to make sure they get those guys. that reflects on the agency. >> that's going to make it a lot more dip. >> lise wheel, doug burns thank you. >> my pleasure. it is the question of the hour, will john boehner hold his post as speaker of the house? the votes are being counted.

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ladies and sxwre they have elected the speak her of the house for the 114th congress. it is john boehner 216 votes. apparently not a lot of drama. >> well, we'll still cover it even with the drama without it, whatever. thank you so much for joining us. >> the real story with gretchen carlson starts now. >> we start with the fox news alert for this hour. the police have suspects in custody in the shooting of the new york city police officers. we will give you all the breaking details. the speaker of the house is as you just heard, john boehner. it was a nail-biter and new reaction from the white house on whether the president will actually veto the keystone pipeline bill. plus, a big announcement in the world of baseball. who will make the hall of fame? i'm gretchen carlson, and "the real story" starts right now.