earhardt. >> i am heather childers. great to be with you. breaking overnight the man in the san bernardino massacre expected to be indicted. >> suggesting syed farook may have been plotting to attack a high school. >> robert gray is live for us following the story. he has the latest in los angeles. tell us about this alleged plot. >> the neighbor enrique marquez is expected to be indicted this after providing substantial information to investigators about farook malik and their acquaintances. he either gave or sold farook and his wife the two ar 14 assault rifles he used to kill 14 and injure 17 last week. he was a long time friend and were related by marriage with a sister-in-law in common.

they discussed executing an attack somewhere in the los angeles area in 2012 but never followed through on that. farook had pictures of a nearby high school on his cell phone and authorities saying farook and malik radicalized before they met. >> on-line as early as the end of 2013 they were talking to each other boo jihad and martyrdom before they became engaged and married and lived together in the united states. >> the defense secretary saying isis remains a threat. >> he asked quote have we currently contained isil? we have not contained isil. mr. secretary, do you agree with general begun ford? >> i agree with what he said, yes. the reality is we are at war. that's how our troops feel about

it, because they are taking the fight to isil every day. >> funeral services will be held today for san bernardino shooting victim yvette velasco. other services are scheduled for the beginning of the week. >> robert, thank you. we will check in with you later. >> pundits promised that numbers would drop after donald trump caused a temporary ban against people coming in the united states. let's get to garrett tenney. how is it faring now? >> well, heather, not only haar the comments not hurting donald trump, for now they appear to be actually helping him. take a look at the support in south carolina. he's dominating the polls with 35 percent of likely gop voters sporting him and more than

double the top three candidates ben carson, ted cruz and marco rubio. the latest fox news poll was conducted this last saturday through tuesday. what really stands out is the boost that trump saw after his comments on monday that muslims should be temporarily banned from entering the u.s. jumping from it 30 to 38 percent. last night trump told bill o'reilly voters agree what what he is saying. >> all i am doing is bringing a situation to the forefront that everybody is talking about and nobody wants to do anything about it. we are not insulting. this is about security. it's not about religion. this is about security. we cannot allow people to come into this country that have horrible things in their mind. >> there's also no shortage of people who are against trump's plan to ban muslims from entering the u.s. nearly 200 people held a rallien side new york city yesterday to protest the gop frontrunner's plan.

in the u.k. parliament may decide to debate banning the donald to entering the kingdom after an on-line petition has gained naerl 400,000 signatures. trump says he is not leaving the race and doesn't plan on running as an independent as long as he is treated fairly. >> thank you so much, garrett. it is time for "look who is talking. there are a lot of stories he may abandon the republican party and run as a third party independent. >> charles krauthammer mtalks about him running as an inpen department. >> it may have to do with the fairness and may have the option of leaving. i suspect his ego would restrain him from running a a third party if he doesn't win the nomination. it will be a lot harder than i thinks. there will be a bar an invisible

bar. that will be the ross perot number of 19d percent. that will be his mark on history. i don't think he likes to be seen as a loser. he the republican nomination is his shot and that's what he wants to go for. >> just denied a second request to block syrian refugees from entering the state of texas. p nine refugees are expected to arrive today. others arrived monday. they called it speculative hearsay. they don't want them because of security concerns after the paris attacks. >> we should not admit one syrian refugee. i took a lot of abuse from the u.n. crowd about it. i said no one, no the women, not children, nobody, because as we saw in san bernardino, women are just as capable of being razz calized and participating in the murd murder of folks.

>> another request from the state of texas goes before the judge in a few weeks. >> a battle of a brand new report this morning a former kw guantanamo bay detainee is a leader in yemen. he is featured in a new propaganda video. he pleaded guilty to conspiracy charges in supporting terrorism in exchange for cooperating with u.s. investigators. he was released from gitmo and sent back two years later. in the past he has boosted about his personal relationship with osama bin laden. protests erupted in chicago t. calls for rahm emanuel to resign grow louder. >> protestors shoving one another, clashing with police during the day and marching all night long blocking a lot of city streets showing deteenager

laquan mcdonald. mayor rahm emanuel apologizing for the shooting at a special city council meeting. >> if we are also going to begin the healing process the first step in that journey is my step. and i am sorry. >> afollow guying. protestors chanting outside that meeting and across the city that they want the ma ior to resign now. >> anything that you got to say -- (indiscernible). >> that was not a real apology. we are going to see protest turn into unrest thereunless there's constructive change. >> he has no plans to step down. >> one of the six baltimore police officers facing charges in the death of freddie gray taking the stand in his own defense. they accused him of not putting him in a seat belt whieflz in a police van. he and later died.

gray never complained or acted as though he was in any pain. >> college students sick with norovirus brings the number to 120. they were sited for violations including an employee who, woulded while sick and meat being cooked under the proper temperature. it began over hauling and safety procedures apros tcross the uni states. the school will redouble cleaning to stop the bug from spreading. >> video showing a toxic toys news gas in this neighborhood after getting sick from the methane gas leak. an under ground storage tank has been spewing gas for six weeks despite dozens of attempts to fix the lake. the neighborhood and city of los angeles suing the gas company.

deaths are being blamed on the storm in oregon. a woman was killed when a free fell on to her house while she leapt. >> washing toen is under water. heavy rain emerging neighborhoods and streets. maria molina is here tracking the storm for us. what can you tell us? >> good morning heather and anna. we are talking about now another round of heavy rain and also more significant amounts of snow out there across the northwest. we don't think this pattern is changing just yet. i want to quickly point out other features across the u.s. we have showers across up state new york. a quick moving disturbance across parts of the upper midwest and upper great lakes. we are going to be seeing rain showers out there. temperature are above freezing in many cases. we are not expecting snow. it is out west when you will see a combination of heavy rain but also heavy amounts of snow across the high elevations in the cascades and places like

montana, idaho may be looking at rainfall. look at the purple showing up here in washington and other gone. that's over 2 feet of snowfall. very significant. a lot of snowfall across parts of california expecting more than 2 feet of snow as well. we are going to be seeing strong winds potentially gusting to 40 or 50 miles per hour. that will be producing dangerous conditions on the roadways out there. heads up. temperatures across the great lakes 58 degrees in chicago. upper 50's in cleave lapped. take a look at the southeast. beautiful temperatures 60's and further west' cross the south were plains you are going to make it into the 70's this afternoon. not baddal all for december. 10 minutes after the hour, the man charged in a massacre in a colorado planned parenthood clinic has a confession to make. >> i want the truth to come out.

there's a lot more to this than silently into the grave. >> wait until you hear the stunning revelation he made in court. >> there's a brand new controversy brewing over the hottest toy in christmas exploded in flames. now one major retailer is fighting back. >> uh-oh, what did her husband do to deserve this? announcer: a horrific terror attack in paris.

then, a brutal act of terror here at home. it's time for a tested and proven leader who won't try to contain isis. jeb bush has a plan... to destroy them. and keep america safe. jeb bush: the united states should not delay in leading a global coalition to take out isis with overwhelming force. announcer: tested and proven leadership matters. jeb bush. right to rise usa is responsible for the content of this message. if youthen you'll know howouth, uncomfortable it can be. but did you know that the lack of saliva can also lead to tooth decay and bad breath? well, there is biotene, specially formulated with moisturizers and lubricants. biotene can provide soothing relief

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iand i'm jerry bell the third. i'm like a big bear and he's my little cub. this little guy is non-stop. he's always hanging out with his friends. you've got to be prepared to sit at the edge of your seat and be ready to get up. there's no "deep couch sitting." definitely not good for my back. this is the part i really don't like right here. (doorbell) what's that? a package! it's a swiffer wetjet. it almost feels like it's moving itself. this is kind of fun. that comes from my floor? eww! this is deep couch sitting. [jerry bell iii] deep couch sitting! >> let's get moving on your thursday. 14 minutes after the hour. he's calling himself a warrior for the babies. planned parenthood shooter robert loo which is deer having

angry outbursts as he is says he is guilty. >> kill the babies that's what planned parenthood does. >> robert loo which is deer shouting during a court appearance in colorado. >> this court has a duty to protect the constitutionality of the proceedings. >> protect the babies. >> he made several outbursts including he is a quote warrior for the babies and saying he's guilty and there won't be a trial. also voicing displeasure with his public offender's efforts to obtain a gag order in the case. >> let's let it all come out. truth. >> his lawyer daniel king also represented aurora theater killer james holmes accused of drugging holmes and himself. >> he's the lawyer for the batman shooter that drugged him all up. that's what they want to do to me. >> he said to open fire at a

colorado springs planned parenthood facility killing three and wounding several others. first responders help rescue two others from outside the building and 300 more from nearby businesses. dear now formally charged with first degree murder and other counts related to the shooting. >> we did put on the record depending on reports as they come in we may add other charges in the case. >> the next hearing is scheduled for december 23rdrd. dear could face life in prison or the death penalty if convicted of first degree murder. in los angeles, trace gallagher, fox news. >> now to a fox business alert, shelves of one major retailer selling the exploding hoover board. cheryl casone is here with what every parent needs to know. >> good morning, ladies. over stock.com announced it will stop selling hoover boards due to drewing safety concerns.

after seeing several news reports about explosions and fires they are removing the item. wal-mart announcing wal-mart pay is coming to you. it is a way for customers to use their smart phones to pay wifor things in their phones. it will work with ios or android phones. time for your 5@5:00. number 5 best places to work they have over 9,000 employees. number 4 is hub spot a marketing company using techniques like blogs and social media. guide wire helps out insurance carriers. next up banning company management consulting and number 1, air b and b they are connecting homeowners with vacationers at a great price all over the world. >> united airlines is bringing back free snacks and company. they are coming back next

february. >> here's a question for you. can a coupe ton taste good? they have create add bar code of glaze. you watch them glazing their doughnuts a bar koez comes up you scan it you take it to the store you can bring 3 dozens them if you buy a does evenlt what i would do with 24 krispy kremes. >> especially when the hot sign is flashing. >> 18 minutes after the hour. leave your gloves at home, kids. major league baseball wants to block powell flaws. >> there is a new push to end climate change and it has taken over the vatican. with he will explain. >> time released the 15 most influential characters and kate mckinnon's version of hillary clinton came in third.

third. i guess she was edged out by hillary ace version of hillary clinton and hillary's other version of hillary clinton. clu i have asthma...

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>> a 6-year-old girl is in the hospital after being drug by the bus. the driver pulled away without realizing she was stuck and the doors didn't open until the next bus stop. her shoes and pants were ripped up. her grandmother who was waiting to pick her up desperately tried to stop the bus. >> she fell to the ground and

they didn't know it. didn't give her a chance to move. she was still in the door. >> chel ssea as bruises but shes okay. the bus driver resigned but was not charged. the legal wants all teams to extend their safety net between the dug out and plays. a fan was critically injured after a broken bat flew into the stands hitting her in the head. in august a fan was hit in the face with a foul ball in detroit. the recommendations will remain voluntary but most teams are expected to comply. >> she has been entertaining audiences for decades. ♪ >> gloria estefan life's story

hits the stage in a brand new broadway musical. >> we are heading into the fox play with michael tammero. he has an inside look. >> good morning. time to do the chong ga. i got to sit down with gloria and her husband emilio. they are taking the world by storm with their show about a very american life. >> she is an international superstar. he's a global music mogul. now gloria and emilio estefan are storming the great white way. >> the broadway hit on your feet tells the early life heart wrenching tragedy and success of legendary estefan.

>> it is our personal love story, a love story of music. >> it starts after we leave miami fleeing cuba and goes to when they first meet and seeing them grow as a team and evolving to the superstars they are now. >> sometimes there's -- we are a story about two people, about a family that fought and was strength in our country. >> for emilio and gloria it's more than just a musical. >> our career was in music. we got the opportunity to promote our culture through our music and we were both american and still the cuban very deep inside. now we get to bring the whole story to the great white way. >> to me it plays laoic a roller-coaster but at the end it is inspiring.

>> "on your feet" is packing them in at the marque theater. it grossed over a million dollars a week which is unheard of this broadway. it is a great show.be dancing i aisles for sure. i recommend you guys catch it if you have a chance this holiday season. >> i am sold on that. >> i bet you are. i can see you right no you. >> such a tall order. there must be a lot of pressure playing an icon like that. >> we will see you back here real soon. >> 26 minutes after the hour. here's what's up next on "fox & friends" first is donald trump reconsidering his decision to run on the republican ticket? what may be going on right now behind the scenes. >> celebrating christmas by skipping church? >> what? >> first on this day in history in 1998. six astronauts opened the doors

to the international space station 1500 miles above the earth's surface. i've smoked a lot and quit a lot, but ended up nowhere. now i use this. the nicoderm cq patch, with unique extended release technology, helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq. this holiday season, gi see you brought a friend? i wanna see, i wanna see. longing. serendipity. what are the... chances. and good tidings to all. hang onto your antlers.

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>> it is thursday the 10th of december, 2015. a fox news alert, justice for terror. filing charges against the san bernardino shooting as the plot thickens once again. >> they promised his polls would drop after he called for an end to muslim immigration. this morning new poll numbers are in. >> what did her husband do to deserve this? "fox & friends first" starts right now.

♪ >> good morning everybody. hope you are off to a great day. you are watching "fox & friends first". i am heather nauert. >> i am anna kooiman. we are getting right to the fox news alert on this thursday. they have a plot in the san bernardino terror attack. >> we have learned disturbing in you details about a possible attack on a nearby high school. >> doug luzader has the very latest. >> investigators are looking closely at a friend of one of the gunmen enrique marquez who is accused of buying some of the weapons involved in the attack in california last week. the fbi is a trying to determine whether the two gunmen tsyed

farook and tashfeen malik had other targets in mind. >> they radicalized before get dating on-line. at the end of 2013 they were talking about jihad and martyrdom before they became engaged and married and lived together in the united states. >> investigators are trying to delve deeply in their backgrounds here. meantime the funerals for some of those killed in the attacks began tod begin today. >> thank you so much for your time. 32 minutes after the who you are. terrorists hiding out in suburban neighborhoods accused of conspireing to help isis. 20-year-old is the 10th person of the cell to be charged. police say he helped other young somali men get passports, money and supplies to travel to syria. they played paint ball to practice for combat. he is expected to make his first court appearance today. in chicago calls for the

mayor rahm emanuel to resign as protests erupt. you can see them shoving and clashing with police all day and marching all night long. these protests sparked by the dashcam video showing the teenager laquan mcdonald being shot and killed by a police officer. he apologized at a city council meeting. >> we are also going to begin the healing process, the first step in that journey is my step, and i am sorry. >> some protestors say that apology isn't enough. they want him to resign. >> that doesn't move a bunch of young people. i would hate that he would tear this city apart because of his own personal career. that would be a travesty.

>> mayor emanuel said he would not resign. trump's poll numbers are in. we are getting to garrett tenney life in washington, d.c. up or down, garrett? >> they are actually up. in south carolina if it is any indication his latest controversial comments might help him through out the primary race. he is still dominating in the latest fox news poll. his support actually grew after he announced his plan on monday to temporarily block muslims from entering the u.s. on saturday and sunday 30 percent of likely primary voters polled selected trump as their nominee. on monday and tuesday after his comments, 38 percent of those polled shows trump, likely a large part of that. voters said their top issues in the election are national security and the economy. voters said trump is the most qualified to handle both of

those issues. he told bill o'reilly he is saying what majority of voters are feeling. >> we have to do the right thing and we have to be truthful and say what they are. the people out there that vote, they are agreeing with what i am saying. that is more important. >> more than 200 people gathered outside of city hall for a rally in new york city to protest the frontrunner's plan. in the u.k. parliament may decide to debate banning the donald after they gained nearly $400 signatures. trump said he is not leaving the race and doesn't plan to run as an independent as long as he is treated fairly. anna? >> all right garrett tenney thank you so much for that. time to take a look at who is talking. something about donald trump you may have missed.

here's my fox and friends co host tucker carlson on "special report." >> i find it hilarious him running as a third party. he rejects the most basic elements on economics, on foreign policy, the donor class for the republican party hates him maybe more than obama. the head of the republican party denounced him personally yesterday. donald trump is not running as a republican which may be part of the reason he is leading. this is a message to the republicans. the test may be how does he fair next week and the week after wias his remarks about muslims seng in. i am not at all sure that's going to hurt his numbers. >> what do you think about this? will donald trump uphold his pledge to the gop? should he? go to the fan page #teep talk-- #keep talking. >> go ahead and skip church.

that's on the billboards in colorado springs, colorado and raleigh, north carolina. featuring a smiling santa. residents say this is an attack on their religion. >> it is beyond disrespectful to the community and disrespectful to my belief. >> i think it is ridiculous we are letting a few people take christ out of everything. >> the group american atheists that's the organization that put up the billboard say the goal is to let people know those questioning their faith are not alone this year. >> they transformed into the climate change awareness. pandas, leb erts and birds are now projected on to the building. some capitol leader say that display is simply sacrilegious because they are using the bass sill dau to promote an agenda. they are calling for an urgent

action to promote climate change. >> friends in the pacific northwest being hit by a storm. >> she is tracking it all in the weather center today. >> we are getting pummelled with heavy rain and mountain snow across portions of the northwestern u.s. taking a look at other areas in the u.s. you can see across parts of the northeast we are dealing with light rain showers early this morning and in the plains and upper midwest. temperatures have been miled many areas are not getting rain. heading further west across the pacific northwest our massive form system bringing in heavy rain in southern california. we could see another # 4-6 inches of rain. the flash flooding will continue to be possible here. that's through this weekend you will continue to see several

rounds of unsettled weather. the higher el grayingses cou -- elevations could get 2 feet of snow. if you are traveling winds will also be a major concern gusting up to 50 miles per hour out there. you can see across the plains you are also mild. 75 degrees for the forecast high in the city of dallas. in the 60's widespread across the southeast. like new york city 56 degrees. get out and enjoy it. >> thank you so much. when we come back a terror scare at wal-mart. we will tell you who is buying a whole bunch of free pa-- prepai cell phones and why. >> hoover board how to get it this christmas season exploding into flames. the fallout next. >> kids across the country embrace elf on a shelf. did something happen? he likes to come to us every

morning. >> likes the cookies. {off-lin {off-line} what super poligrip does for me is it keeps the food out. before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now.

>> one major retailer stopping sales of the hoover board. adam shapiro from our sister network fox business is here with what you need to know. >> good morning to you, heather. over stock.com announced it would stop selling hoover boards. they are self balancing electric scooters effective immediately after another case of a hoover board catching fire. over stong d-- over stock.com s will measure as it unfoedz. we will always put the safety of our customers first. the latest case of one of these things catching fire was caught on video at a mall in washington state. the hoover board did more than catch fire. they claim it actually exploded

and that led to the evacuation of the mall. something similar happened to alabama when a hoover board exploded when a man was riding it. but it was the fire in louisiana which destroyed a family' house after the hoover board caught fire. the fire marshals issued an advisory about the safety of these things. in the united kingdom 1700 were enrespected by government regulators and 88 percent were found to have faulty electric plugs that could lead to over heating exploding or catching fire. here in new york city riding a hoover board is illegal and could get you slapped with a $500 fine. back to you. >> adam shapiro thank you very much. it is unreal it is the electric part of it. >> to find fox business network log on to foxbusiness.com/channelfinder. >> they are changing their business model to help track

terrorists. th he says the fbi can't track services when full inscriptions are used. >> use of encryptions are part of the terrorists right now they understand problems we have getting court orders when they are using these mobile messaging apps that are end to end encrypted. in may when two terrorists attempted to kill a whole lot of people in garland, texas, before one of those terrorists left to try to commit mass murder he exchanged 109 messages with an overseas terrorist. we have no idea what he said because those messages were encrypted. >> he says there are ways for companies to legally intercept communication when necessary. also this morning the fbi is investigating after a group of middle eastern men paid cash for dozens of prepaid cell phones at multiple missouri wal-mart stores. these types of phones can be

used without being traced. the men were not charged because they did not do anything illegal. >> celebrities keeping up with president obama for a new video pushing for gun control. take a look at them. >> we can end. >> we can end. >> we can end. >> we can end gun violence. >> when we come together as americans. >> that's a video from the nonprofit called every one for gun safety. jennifer bacon, julian moore, celebrities have spoken out in the past. >> it is facebook's hottest issue this year. >> the social media site releasing the top of 2015. donald trump puts the oh 20 a 16 race on top. he was not the top position that

spot belongs to president obama. >> star wars the force awakens. hbo game of thrones was the top tv show. >> the top athlete boxer floyd mayweather junior after his big fight with manny pacquiao back in may. >> can't wait to find out what the best songs were, too. >> and best dances. >> he became public enemy number one virtually overnight. the pharmaceutical executive who raised the price of his life saving drug by 5,000 percent just because. when we come back, why he is back in had the news this morning. >> don't worry, be grumpy? we have new proof that being happy isn't doing you any favors when it comes to your health. >> steve doocy has what's coming up at the top of the who you are. >> kids, get off my lawn. hi, ladies. >> hi, steve. >> coming up on "fox & friends" in 12 and a half minutes. presidential candidate carly

fiorina and man of the hour donald trump joins us live. also the attorney general who wants to get schooled in that state. the cast to the middle school students? is that a good idea or bad idea? nfl heisman troef pee winner marcus allen. busy three hours kicking off on the channel you trust for your morning news. {off-lin {off-line} the life behind it. ♪ those who have served our nation have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life.

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get ready for your thursday morning. the controversial pharmaceutical executive who drew outrage over raising the price of an aids drug from $13.50 to $750 a pill overnight has made his next move. martin skrali is now revealed as

the buyer of the two billion dollar single copy album by hip-hop group wu-tang clan. are you feeling like a grinch this year? >> i hate christmas! >> there is a new study out that says being happy actually has no effect on how long you will live. instead habits that healthy people have in common like working out and eating healthy foods will increase your lifespan. there you go. do you have trouble with tone in a text message? >> sorry, dude, missed your texts. i assume we'll meet at the bar. whatever, i don't care. >> sorry, dude, missed your

texts. i assumed we would meet at the bar. whatever, i don't care. whatever, i don't care? >> different ways of looking at it. a new study finds any text message with a period is considered rude. researchers at bingham university say it makes you seem listen sear becaues less in sincere. it's the time of year when christmas traditions are in full swing or maybe they're sitting on a shelf. but could they be adding some unnecessary stress to the holiday season? wnyw's sharon crowley takes a look at the elf on the shelf. >> reporter: you might say the elf on a shelf has snowballed into a multimillion-dollar business since the christmas toy arrived on the holiday scene ten years ago. products, movies, and social

media fueled this holiday obsession, overtaking the imaginations of both children and grownups. >> usually it's an elf that you put on the shelf and it watches you. >> reporter: how do you feel about the elf watching you? >> i don't like them. >> reporter: some kids find those beady little eyes kind of creepy. >> they're making a list and then they're going to give it to santa claus. >> reporter: and how about the undue stress mom and dad are under? especially if you're responsible for posting the elf's picture online each time he modificatve doesn't move. if you find yourself letting this little one add to your stress this season, psychologist dr. jeff gardier suggests putting your priorities in the right place. >> it should be about warmer

memories around parent and child versus around a product, a toy. >> our kids love our elf. it's a family tradition. >> nice. when we come back, the video you'll be talking about all day. what did her husband do to deserve this? we'll put carrie underwood on it. >> i'm sure he deserved it. i've smoked a lot and quit a lot,

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before you leave the house, here's a look at what's happening today. the fed is filing charges against a relative of the san bernardino terrorists for selling them guns that were used in the attack. boston students are among those who fell ill from a chipotle restaurant. time now for the good, the bad, and the ugly. first, the good. a minnesota high schooler makes the buzzer beater shot of a lifetime. >> unbelievable. the play began with just three seconds left. the miracle shot taken from under the opposite basket. you can see falling debris

nearly hit several people on a sidewalk in london. and the ugly. a brazilian wife takes revenge on her husband after catching him dining at a restaurant with another woman. the wife stomping on top of his car, destroying it. she was not arrested. >> wow. ouch. "fox & friends" starts right now. >> bye, everybody. good morning to you. it is thursday, december 10th. i'm elisabeth hasselbeck. the fbi director admitting a bombshell problem. they still can't access encrypted messages from a terrorist who shot up a texas college. we're live in washington for you. meanwhile, it seems like everybody is bashing donald trump for this comment. >> donald trump j. trump is calling for a total and complete shutdown of muslims entering the united states until our country's representatives can figure