commitments, he won't be able to attend next month's ceremony in stockholm to pick up his nobel prize for literature. his previous commitments? i'm confused. i'm sandra smith. here's shep. it's noon on the west coast. 3:00 at trump tower in new york. where inside the gilded penthouse, one trump adviser says it's like "game of thrones" as major players maneuver for position in the incoming trump administration. also, remember that whole drain the swamp thing? well, looks like the trump team is starting to make good by kicking out the lobbyists. plus why republican senators are warning the president-elect, watch out for vlad putin. also suing donald trump, looks like we could see the president-elect actually take the stand in his own defense. and why major reps for a major airline say don't count on sitting with your family on your next flight. really? let's get to it.

>> now, "shepard smith reporting" live from the fox news desk. hump day at last. first from the fox news deck, there's word a battle is waging high in trump tower as the president-elect's advisers fight to fill some of the new administration's top positions. that's according to a senior trump economic adviser, plus, the website, politico, "the new york times" and the "washington post." "the times" report, i'm quoting here, firings and discord have put the trump transition into a state of disarray. but president-elect trump is firing back in a big way. he tweeted today, "the failing "the new york times" story is so totally wrong on transition. it is going so smoothly. also i have spoken to many foreign leaders." "the times" reports world leaders have been blindly dialing into trump to talk to america's next commander in chief. president-elect trump tweeted he's taken calls from the leaders of many countries including the united kingdom, china, saudi arabia, japan and, of course, russia.

more on his talk with the russian president vlad putin in a moment. first, the shakeups in the trump administration's transition team. vice president-elect mike pence as you may know has replaced new jersey governor chris christie as head of operation. the sources involved with this team tell fox news that the vice president-elect is now working to remove lobbyists from official roles. the transition team under governor christie featured all sorts of lobbyists along with federal bureaucrats, academics and corporate lawyers. those are the exact types of people that as you know president-elect trump railed against when he promised to drain the swamp in washington. a source with knowledge, excuse me, of the move, tells fox news getting rid of the lobbyists makes good on the president-elect's vision for this new government. just yesterday, the former republican congressman and house intelligence committee chairman mike rogers stepped down from his position as the transition team's national security adviser. now, the "washington post" newspaper reports he was among at least four transition

officials from the trump team pushed out this week because of what the "post" calls perceived ties to governor christie. things have changed. doug mckelway live at trump tower. what else are transition officials saying of these reports of tensions within team trump because trump is sure denying it? >> reporter: he's sure denying it. i think most of his inner circle would deny it as well. if you take a look at the big-picture effect, this is something that happens with the transition of administrations all the time. these kinds of daily stories. there are other factors, of course, and you've mentioned them. one is the demotion of chris christie and his key ally, former house intelligence committee chairman mike rogers who many had seen as a prospect for cia director. that is not going to happen now. also, there's another factor here. now that pence is the chairman of the transition committee, keep in mind, he had not signed this memorandum of understanding with the white house which would codify the transition process. vet certain people out for

various reasons that are too deep in the weeds to explain here. that has now been signed. it might expedite the transition process. but the transition team, itself, is pushing back hard against these accusations of chaos. here's kellyanne conway. >> it's false to say it's not going well. everything up there is very smooth. i know the president-elect, himself, since i talk to him regularly, he's very happy with how transition is going. from his perspective, he's been presented with any number of choices within each of the agencies and departments and he's making those tough decisions amid anything he has obviously more choices than one to fill each position. we have an embarrassment of riches. >> reporter: and shep, there's another factor which may be at work here. this is pure speculation on my part, but this is not an easy environment for reporters to work in. i know you're much more accustom to new york city than i am, but this is a lot worse than a typical day in mid-manhattan because of the street closures, traffic vale really, really bad.

people are getting frustrated. reporters who are covering this don't have any place to go to get wi-fi, to get scripts without walking some distance. they're hungry, they're tired. they can't get into trump tower to cover this thing. it's a difficult environment. it's a chaotic environment. they mat y be reflected in reporting as well. >> chaotic and traffic, heavy new york city, who would have thought of such a thing? we haven't seen a president-elect outside that building since thursday of last week but a lot of people have been going in to visit. >> reporter: yeah, we got a fresh name on the list of visitors who came in just today. robert kraft, president and owner of the new england patriots, paid a visit today. we'd all known tom brady and coach bill belichick had been a fan of donald trump. now the owner of the team, brady was -- rather, robert kraft was here. we don't have insight into what his position might be in a future trump administration. in addition to that, senator jeff sessions was here, as he's been here oftentimes. he was toting behind him one of

those stroller briefcases and an entourage behind him. we have said repeatedly that he stands gaining a very important position in this administration, whatever he may choose, because he was one of those washington insiders or guys with intense gravitas in washington to lend his loyalty to trump. also, leonard leo was here today of the federal society. he met with trump talking about supreme court picks. the list of 21 potential supreme court picks has not changed according to him. and lastly, and quite a surprise, bill de blasio met with trump. not about his anger at the election results but about his anger over the same congestion we've talked about here. somebody's got to pick up the tab for all the security, all the protests, all the traffic congestion and i don't think bill de blasio wants it to be him. shep, back to you. >> well, if they get rid of congestion and things like that in new york city, call us up because i've been here 20 years and that's pretty normal. thank you, sir. >> reporter: it's worse now,

though, sh perep. >> you want worse? hang on for christmas, my pman. christmas. they're denying everything, but there are some things that are undeniable. there was a week lag here, when you oust the one transition chairman and bring in another. didn't get to talk to the pentagon yet, didn't get to talk to state department yet. the shuffle of documents that always happens. it is delayed chaos, the trump team says no. it is delayed but that is complicated because 7 1 dayses s not a long time. >> trump presidency, the campaign was always a work in progress. now the transition is going to be a work in progress. i guess i'd be willing to give him the benefit of the doubt, let them put numbers up before we start coming to judgele about this. >> agreed. you have 71 days. if you can get it done in 20, the rest of the time you can rest. that's not been the experience of previous people. >> that's for sure. >> this thing with vladimir putin is starting to worry republicans.

republicans in not small numbers coming forward to say, mr. president-le president-elect, we hear you, let's think twice about putin. remember who he is, how he has rolled. >> yeah, senator john mccain, lindsey graham, have both worried about that. senator mitch mcconnell said we are not going to abandon nato. trump has been talking about making nato do more. you've got to wonder about this, shep. i mean, what it is about american presidents that they become so enamored with vladimir putin? remember george w. bush said he peered into his soul. barack obama did the russian reset. now donald trump is saying he can do business with the salad pe vladimir putin. i don't think third time is going to be the charm with leader of russia. >> he has a history that's well documented beginning largely with the kgb and now the killing of journalists and the taking of another nation's property. i mean, it's on and on. there are many ways to look at

what he has done. there are different prospectives on such things. the fact remains. >> you mentioned the kgb. vladimir putin has said the worst thing that happened in his lifetime was the fall of the soviet empire and that country under putin is a centripetal outward moving force and in each case it's been moving against our interests. down into the middle east into syria, trying to set up a condominium with iran over the middle east. you mentioned crimea and ukraine, threatening poland right on the periphery of nato. up to the north, sometimes doesn't get reported enough, the russian fighter jets are constantly making overflights into nato's territorial waters. they fly over norway, around england and down into spain. and each time those nations' jets have to scramble to ward off the russian fighters. this is not somebody that sounds like you're going to be able to easily do business with him. >> and on the matter of foreign policy, from the reading that i've done, you know, part of the job, you do a lot of reading. >> for sure. >> it's a series of pronouncements and idea statements, but as far as the traditional foreign policies we might have seen from leaders past, i don't see it.

>> no, there isn't. he really hasn't talked much about that. you're right. it has been mostly a series of sentiments about different parts of the world. and i think, though, if there's a theme in the middle of it, shep, is donald trump wants us, the united states, to be tougher. >> yeah. >> in our dealings with the rest of the world. >> that's the overriding theme for sure. >> now there's the suggestion that rudy giuliani might become secretary of state and rudy is a tough guy. no question about it. he would do that. giuliani is also in many respects a traditional republican hawk. just as mike rogers was who was pushed out of the transition team. >> less so than trump. apparently. >> much less so than trump. >> i said apparently. >> yeah, apparently. because he said that most of his pronouncements were largely suggestions. that's ha he told us, himself, so what actually comes to fruition, though, it sounds like the building of a wall from everything that i read, in your paper and elsewhere, might be an early priority with a start that doesn't even involve congress from what i read. >> the congress is going to have to spend the money on something like that, but, you knows, the

obama administration has already made some interesting commitments in the defense of western europe against russia. they've sent a thousand troops into poland. the pols asked if we have a battalion station there just to push back against vladimir putin. i think the big question about donald trump is what are his ideas about the use of american power? where would he use it and under what circumstances would he use it? i think that's what has people concerned. >> important matters. the people are going to want to know that. they'll demand it at some point. >> for sure. >> so good to see you. thank you. the man whose job is it to know the country's secrets, nsa, hillary clinton's campaign, he says he knows who is behind the hack and knows why the hack happened. those details coming up on the fox news deck on this wednesday afternoon. for lower back pain sufferers, the search for relief often leads... here...

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how about a live look, why don't we, this is d.c.s and the vice president-elect mike pence has just met with the vice president, joe biden, who has an interesting picture of him at 26 online today. really funny. anyway, the two of them had a little meeting and now pence is leaving d.c. and for the life of me, i don't -- do we know where he's going? they don't tell us. this is a new thing that's going on. i don't know if you care, but just by way of information, not by way of complaint, because

frankly, you know, whatever. but they're not telling us what they do and where they go. it is not constitutional that they have to do such a thing, but it has been tradition, at least through the 30 years i've been doing this, that the president, vice president-elect, they give you a schedule and they let a touring group of reporters who pool their resources, so that everybody can have a -- they tell you what they're doing and let you take pictures of it all day long, every day. once you're in the white house, there's a lid at the white house, you don't see anything else. it has been the case in this nation that we know what they're doing because they tell us and now they're not telling us, so that is the new case. we'll see how that lasts. a nation state used wikileaks to publish hacked e-mails in an attempt to deliberately target hillary clinton's presidential campaign and undermine the election. a nation state did that. who says that? this man says it. it's the word from the national security agency director, none other than mike rogers. he made the statement at a "wall street journal" conference in d.c. he did not say and will not say at least for now which government was responsible but

he says he knows specifically. last month, intelligence officials accused -- i should say accused, "senior most officials in russia" of trying to interfere with the u.s. election. whether the two are connected, we don't know. the russian president vlad putin denied it. wick ke leaks released tens of thousands of e-mails which hackers apparently obtained from the democratic national committee and hillary clinton's campaign chairman. wikileaks founder julian assange denied russia was behind the attack or the hacking. our chief intelligence correspondent catherine herridge has been looking into this for quite some time. she's live in washington. what are you learning? >> well, shep, the nsa director is saying what intelligence officials have told reporters privately that the evidence shows a nation state was behind the hack. >> this was not something that was done by chance. this was not a target that was selected purely arbitrarily. this is a conscious effort by a nation state to attempt to achieve a specific effect.

we have been very public as a government in saying that. >> not mentioning russia by name, admiral rogers didn't need to because the statement from the director of national intenti intelligence on october 7th made that point very clear. it reads "the u.s. intelligence community is confident that the russian government directed the recent compromises of e-mails from u.s. persons and institutions including from u.s. political organizations." so yesterday, shepard, people were really essentially connecting the dots on this one. >> what about evidence? is there special evidence? >> well, cyber experts say the attacks were driven by these russian-affiliated cyber mili a militias who operate on the dark web and each hacker has their own signature. >> they look at what's called the techniques, tactics and procedures leveraged in an attack and doing that they understand full well that specific hackers, similar to how you walk down a street, how you have a certain gate, how they would penetrate a system. >> vice president joe biden

recently told nbc news that the administration would retaliate but he didn't say how or when that would happen. today cyber security experts said it would probably take three forms. financial penalties, booby tr trapping u.s. systems so that hackers are trapped when they try and steal the data, as well as a direct attack on some russian networks. but they said the time to act really is now in the next 90 days, pardon me, or really wouldn't have any impact because it would come so far of the election, shep. >> all right, catherine, we'll watch it. thank you. president-elect donald trump's legal team is trying to delay a lawsuit against trump university. until after the inauguration. a court hearing is set for friday. might trump have to testify in his own defense or might he decide to? we'll talk to our own judge andrew napolitano who says the president-elect may, indeed, take the stand even after he take office.

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21 minutes past the hour now. we could soon find out whether president-elect donald trump will have to testify before he even takes office. on this friday, two days from now, the president-elect's lawyers will ask a federal judge, they tell us, to delay a civil trial over trump university which is now out of business and really wasn't a university. you remember that. jury selection is set to begin later this month. the president-elect's lawyers argue that he needs to spend all his time focusing on his transition. some former students claim trump university actually scammed them out of many thousands of dollars. they also say officials lied by saying trump, himself, hand picked the instructors and that the program was part of an accredited university. it was not. attorneys for president-elect trump say that was puffery, not fraud. they also say most students indicated they were happy with

trump "u" and many gave glowing evaluations, evaluations which were encouraged and well, that's another story. the judge in this case, as it so happens is this man, gonzalo curiel, that's president-elect trump, the one who president-elect trump said is a judge who can't be fair because his parents were born in mexico and the future president promised to build a wall along the southern border. awkward. let's bring in our judge, fox news senior judicial analyst judge andrew nepapolitano. so his lawyers on friday, the -- president-elect's lawyers will say we want to delay this. how will that work? >> well, the judge will hear their argument then he'll hear -- >> not just any judge. >> correct. a judge that then-candidate trump seriously and aggressively trashed by saying because of his ancestry, he can't be fair to me. trump's argument. and they asked the young to remove himself from the case and, of course, he declined. ancestry is not a recognizable basis to remove a federal judge

from a case in the united states. you'd have to demonstrate some affirmative prejudice of which there was no demonstration in this case. so they're going to ask -- listen to this, they're going to ask that the case be put off because he's too busy as president-elect to fly to california to testify, but wouldn't he be busier as the president after january 20th and wouldn't they be making a similar argument then? well, the supreme court addressed whether or not a president has to testify in a civil case and said, yes, he does. so if a president -- >> that was clinton. >> that was clinton versus jones, where president clinton was forced to testify in and litigate a case against him while he was the sitting president. a civil case. the same rule would apply to president trump and it would apply to president-elect trump. >> so the supreme court. >> yes, so i think that case is controlling and i don't think they'll prevail.

i also think it would be -- he doesn't want my legal advice, i'll give it to him, anyway -- easier, faster, better for him to do this now and get it over with than after january 20th when he has the weight of the world on his shoulders. >> these former, quote, students, they were like real estate seminars basically. >> yes. >> paid different graduating amounts of money and these people are alleging they didn't get what they were promised and seeking $40 million some. >> seeking $44 million from the president-elect personally because donald -- not donald trump, forgive me, trump university is bankrupt. it doesn't exist any longer. trump, donald trump's lawyers made the argument that he was separate and distinct from the university. the court rejected that argument and is allowing individuals to sue the incorporator and the financier of the corporation because the corporation is gone. >> would he have to take -- well, would you believe that he would take the stand in his own defense? >> well, he said that he would, and without his testimony, there really is no defense.

and the allegations against him are so severe that he personally committed fraud. he would almost need to take the stand in order to avoid the $44 million judgment because the jury would be left with only the plaintiff's version of the case and without his version. >> is there not some -- is there not a chance that this -- he says he's a billionaire. couldn't he just write a check? >> he should write a check for $44 million and get rid of it. i know that's a lot of money, write a check for $44 million, there are few people who can do it. >> there are other lawsuit. >> in other lawsuits. >> like a dozen? >> yes, that will reach maturity, meaning time for trial during his presidency. so what judge curiel does might set a precedent for this president. as to when these cases are going to be heard. >> i saw what you did there. all right. that would be quite a show. >> yes, yes, it would. >> a lot going on. >> they had the opportunity to address this about a year ago but they kept putting it off. president-elect, president

testifying in a courtroom, sell expensive tickets to that. >> a lot going on. >> couldn't make this up. >> no. thank you, judge. >> you're welcome. shell shocked democrats are shaking things up in congress now. you may have heard. today giving a leadership role to bernie sanders as one of the party's biggest names, nancy pelosis, faces a very uncertain future. and a teenager taking a joyride at more than 200 miles an hour. and when the cops could not stop him, wait until you hear what finally did. i work 'round the clock. i want my blood sugar to stay in control. so i asked about tresiba®. ♪ tresiba® ready ♪ tresiba® is a once-daily, long-acting insulin that lasts even longer than 24 hours. i want to trim my a1c. ♪ tresiba® ready ♪ tresiba® provides powerful a1c reduction. releases slow and steady. works like your body's insulin. when my schedule changes...

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♪ tresiba® ready ♪ fox report now. more headlines from the fox news deck. an angry farmer, i should say, an angry former airline staffer who waited on a sniper before shooting and keilling an employe at oklahoma city airport. the killer appeared to know his victim's schedule and shot him in the parking area yesterday.

the victim, the father of a kansas city chiefs player. but police say they are not sure if he was the intended target. crews from coast to coast now from the west coast helping put out wildfires in the southeast. more than three dozen burning across at least seven states. dry weather, strong winds reportedly making the job harder for fire crews. and a teenager in a souped up mustang took cops on a high-speed chase at 208 miles an hour. according to the oklahoma highway patrol, he sped away, when cops tried to pull him over sunday. turned off his headlights and brakelights then apparently stoppstop ed at a red light because that's what you do.

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humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ask about humira, the #1 prescribed biologic by dermatologists. clearer skin is possible. the vice president-elect mike pence getting a look at his future home today. the v.p.-elect, vice president joe biden, and their wives had lunch at the naval observatory. vice president biden said the meeting went well and he's, quote, confident that everything will be in good hands. president-elect donald trump recently told the "wall street journal" that pence will have a big role in his administration.

the president-elect also said pence will handle different areas of policy, especially health care and will serve as a liaison to congress. shannon bream in our d.c. newsroom with a look at the administration to come. hello, shannon. >> hi, shep. well, pence is already very hands on, as we're seeing through his role with the transition team, he's leading the charge to put together cabinet possibilities and other top trump administration key players. for many, the trump/pence pairing was a jarring contrast in their two backgrounds and personalities, but it worked well in the campaign trail. as for pence, he comes in as one of the most politically experienced vice presidents, some say we've ever had. >> you think that not just a governor, which a governor of india indiana, which he is right now, but a member of the congress, of the house of representatives, rising in that post to be chairman of the republican conference which is a leadership position. then when you add to that his personality, mike pence is from the midwest, he's low key, he's

intelligent, unflappable. >> he was once a radio talk show host, shep. >> hey, how much power the vice president has depends on the administratiad administrati administration. look over the past few cycles, it's vastly different. >> it comes down to this, what the president wants to allow that beperson to do. it's grown steadily in recent decades from lbj, analysts said in the beginning didn't have much power under president kennedy, primarily attending funerals and other diplomatic events to dick cheney who was criticized many times of being too much of a voice in the bush 43 administration. trump has often talked about leaning on pence for places where the vice president-elect has more experience. pence is expected to be a bridge between trump and capitol hill, an arena that is foreign to trump, but critical to getting any real movement on his very ambitious agenda. he seems cut out perfectly for that role. shep? >> all right, shannon, good to

see you, thank you. our colleague megyn kelly has a new book out titled "settle for more." there are parts about her career path and her role and her own struggles as the networks face an internal investigation. that's been covered on show after show. i really thought the most interesting part was where she revealed she's been a victim of bullying by a presidential candidate, but first as a child. >> i had some bullying when i was in elementary school, but then what really happened was i moved and my seventh grade year -- >> seventh grade. >> -- was really a full year of bullying. and it was brutal. i mean, it was a form of torture where i belonged to a group of girls and then one day for no apparent reason, the group turned and i had no friends. i mean, i had no friends. i had nobody to talk to. they would shoot spit balls at me. they would try to trip me. they would make fun of me. they would mock my weight and they would mock my skin which was not good at the time. i would go home and i would just cry at night. i was so alone.

and i felt so unlikable. and, you know, it was 1982, 1983, this is not the age of helicopter parenting where the parents would have been all up in there, the guidance counselor would have been. i went to the guidance counselor and nothing happened. and it wasn't until the end of the year when a beautiful angel named heather shepard -- kelly was my lifelong best friend. heather shepard threw me a line and sat with me. my mom always said, all you need is one. she was right. i'll tell you, shepard, that to this day, that bullying, it affects my coverage as a newsperson, it afebruafects howe stories, how i approach stories and even what stories we decide to put in the show every night. >> then donald trump bullied you. >> well, i had some familiar -- when it started happening with trump, it was like, this is familiar, i've been through this before. so, you know, it's always good to find a silver lining. i would say that that was one. i had -- i had already

experienced a year of bullying and -- >> something you knew what it was. >> yeah, i mean, i always take a little issue with the notion that he bullied me because i think the technical definition of bullying is somebody tries to strongarm you into compliance and then you comply. and so i feel like it was an attempted bullying. >> attempted bullying. >> yeah, he never got me to con ply. >> the definition from google, person who uses strength or power to harm or intimidate those who are weaker. he certainly tried to bully. >> that's my point. i was not intimidated. listen, i was scared at times for my safety and there were some tearful nights, but i never changed my coverage because of his threats or his attention. and that was the real test of me and my team here at fox news. all of whom stood shoulder to shoulder and we just had this motto tx comes from the movie, "brave heart." you know the movie "brave heart," they're holding the stick, the horses are coming, the calvary are coming and brave

heart says hold, hold. my team and i were saying all the tacks were coming in, demands for a boycott, demands i be fired, demands i be removed from the debate team. >> why does he do that? >> we knew we could get through it. >> why did he do it? >> you have to take that up with dr. phil. i don't know -- i don't really understand. all i know is he told me he was genuinely angry. he was angry all those months about in particular that debate question and he didn't like what he was seeing on my show night after night. he thought thit was unfair to h. >> then you had the trump tower discussion. >> yep. >> which i know was sort of off the record. you can't talk about the details of it. when it was over, how did you feel? >> relieved. you know, i write in the book, "settle for more," that it felt like being a hostage, being seen by your hostage taker. for the first time. and being hopeful that he would finally let her go. you know, it was just -- i didn't ask him to stop the

bullying. i didn't apologize to him which is what he had been demanding. nor did he apologize to any. but we had such a pleasant exchange, i felt certain would stop. and he did. >> surviving the bullying is something that you've clearly done. it's something that clearly was a theme within this book. and you said regarding bullying in this book on page 38, you said, "to this day, i can handle people who are dumb, lazy or generally annoying. the one thing i cannot and will not tolerate is a bully." will you be able to tolerate donald trump the bully as president? >> well -- >> as a woman? >> i now i have more experience in dealing with donald trump and his attacks on the media than pretty much anybody. so i had a lot of practice in dealing with him when he comes after the media. with respect to me, as i say, i think we're good, but he goes after journalists in a way i don't think we've seen any modern american president do.

you know, we had a young embed who was 20, said to me, i'm afraid, they were throwing tomatoes the other day. i said what should i do if they throw tomatoes at he? i said stand tall, stand tall. >> tolerate the bullbullying. >> if it's a shoe, duck. if it's a tomato, you make a point by standing tall for all of us. we felt on "the kelly file," it didn't matter how much incoming he tried to throw our way or some of his most ardent supporters did, we were going to do good journalism come hell or high water and both came at various points of the year, but we emerged fine. our ratings are fine. they're very strong, in fact. and i think honest people understood that he's an interesting kind of candidate who is running a different kind of race including coming after the media. >> "settle for more" by megyn kelly, middle class girl who grew up to be a powerful and famous newscaster and everything in between. a small town girl who as she puts it, "settle for more.

"". next leader of senate democrats promising a sharper edged economic message after last week's big election losses. democrats voted today for new york's chuck schumer to take over as minority leader. not really a surprise. he's been way up there on the leadership ladder. he'll replace the nevada senator harry reid who as you probably know is retiring. democrats also giving the vermont senator bernie sanders a leadership post as chair of party outreach. during his presidential campaign, senator sanders won big support from working class voters who also came out in big numbers for president-elect trump. in the house, nancy pelosi says she wants to stay on as minority leader. no one's really challenged her yet, but one congressman says he's thinks about it. members have pushed back leadership elections until after thanksgiving. that is not a good sign for leader pelosi. mike emanuel live on capitol hill. what's the latest on a possible challenger, mike? >> reporter: shep, sounds like a congressman from ohio is eager to challenge pelosi. nancy pelosi fired a warning shot today writing a letter to colleagues saying, "as of this

writing, i am pleased to report the support of more than two-thirds of the caucus, yet a congressman from ohio says there needs to be at least a new approach." >> this blue wall that was the firewall for the democratic party collapsed on election night. pennsylvania, ohio, wisconsin, michigan, almost minnesota were all lost. need two, three, or four or five members of congress from each of those states and have to talk about these lunch-bucket issues. >> reporter: senate democratic leadership will expand over chuck schumer's leadership adding three new members, bernie sanders from vermont, wisconsin's tammy baldwin, and west virginia's joe manchin. an effort to get a little more rural, midwestern and rust belt as democrats try to move on from this 2016 election. >> what's the senate majority leader saying about how he'll move forward with the trump agenda? >> reporter: he said the senate

will deliver on what the american people want. didn't want to talk much about his conversations with the president-elect's team but said it's time to move on from the election and get back to work. >> look, i think it's time for the election to be over. time to accept the results of the election. to lower the tone and to see what we can do together to make progress with the country. >> mcconnell sounds eager to wrap up this lame duck session of congress noting with a new president and new congress, 2017 is likely to be a very busy year. shep? >> mike emanuel in the ecochamber known as the rotunda. ahead why scam artists may be trying to get their hands on your cell phone number. as it turns out, those ten digits may open up a door into your whole life. we'll see what criminals can actually do with nothing else but your phone number.

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phone number? so many, right? security aal sifts say you might want to think more next time. companies hold onto our numbers which wan can be linked to othe private information. unlike your social security number, businesses do not have to keep your phone number a secret. the fox business network's jgeri willis is here. >> boy, howdy, do the companies have your number. download the late ef system from apple, they're texting you on your phone. all these companies have your cell phone number. it's probably on your card. >> the bank has it. >> your business card. >> all the airlines have it. >> your cell phone is now not your best friend anymore. it's betraying you. i want you to hear from one analyst we talked to about whew this is happening, how this is happening. >> think about all of the different aspects of your life where your cell phone number comes into play. everywhere from surveys to product purchases to loyalty programs, to registration

programs. all the different aspects of your life. normally when you're asked to give contact information, people tend to be even more comfortable giving their cell phone number than even giving their e-mail address. >> well, so how do the scammers reach you? what do they do? >> they have my phone number, so what, if i don't answer the phone -- >> it's not about that. >> not like that. >> no, no, no. what they're going to do, they're going to call you one day and say, mr. shepard smith, we're from bank of america and we believe there's some kind of fraudulent activity on your card. can you just confirm those security numbers on the back obvious the card? we'll be happy to help you. well, they're not helping you. they're ripping you off. they're going to take out money in your name or do something like this or might call the bank, itself, and pretend to be you because they have that number. you have to understand your cell phone number now is one of, like, a bunch of things that companies are using to identify who you are. so they have, like, part of your fingerprint is the way it works. >> can get a burner phone and use that phone number, but then you get accused of all kinds of stuff.

>> there's that, too. >> how you doing? >> i'm doing good. i'm full of energy, but i wish i had a little bit more. >> our friend, we have missed you so much. gerri has been off fighting breast cancer and doing a fine job of it. >> thank you. >> you've had a couple surgeries and now you're in the middle of radiation, right? >> went on the chemo diet. you know, there was that. it's been a while. i was diagnosed back in may and i wrote to fox viewers, i said, i want to be back, don't be sad. here i am. so i'm very happy to be here and sort of overwhelmed. >> it's an inspiring story. it's an easy google if you're interested. your specific type of breast cancer, it's not what we all think of it. it's not -- explain to people what they need to do for themselves. >> well, it's called lobular. most breast cancer looks like little cherries, right, once you see the x-ray of it, that's what it looks like. mine looks more like sort of a mars bar. it was like a long log, right? it's not detectable necessarily by mammogram.

i had a mammogram six months before my diagnosis. so i found it. check yourself. you have to check yourself, you have to go to the doctor, get the mammograms, get the scans and make sure that you're you n. i didn't really have much of it in my family. it's not a big genetic thing in our genes, but i have it. so you can protect yourself. you can get out there and get in the forefront of this. and i just beg people out there. >> just check. >> even men get breast cancer these days. >> wow. well, it's wonderful to have you back. you have always been inspiring, but you're especially inspiring now. and i hope that women across the country pay attention, because you saved your own life. >> yes. you can. >> and you have a fight ahead, but you're going to be good. >> we did some radiation. and i'll be out the other side. we are making it the 2016 event, not a 2017 event. >> and then we'll have her back to do your money in the new administration under new rules because all the rules are going to change, and you're going to be invaluable to our viewers

like you are to us. >> thank you so much, shep. great to be here. >> it's truly wonderful to have you back. we'll be right back.

united airlines is rolling out a new fare option to allow customers to save big bucks. that is if you customers are willing to potentially sit across the cabin from friends and family, in other words, not together. starting next year, flyers can book basic economy as they're calling it, this is on united, but the airline will not assign those seats until the day of the flight, which means you really could end up separated from your friends or family, whoever you are traveling with, even if you bought tickets together. but it's cheaper. trace gallagher is here with that. what else do people have to give up for the cheaper seats? >> it's going to be fun, here we go. you can bring one carry-on bag,

but it cannot go in the overhead bag, it has to fit many the seat in front of you. you will board dead last, group five for those counting, you cannot exchange your ticket, you cannot change your flight, you are not eligible for upgrades. while you earn frequent flyer miles, you can get beverage and food and entertainment if they have it. it provides the added benefit for customers and employees that simplify the boarding process as fewer customers bring overhead bags on board. the bottom line is you'll pay less, but you're likely getting a middle seat. if you have luggage, you have to pay to check it. >> and is this about competing with low-budget airlines or what are they doing? >> yeah, it is. they are trying to grab marketshare from spirit airlines. those airlines could be the most hated. experts say united wants to make

more money. in fact, they believe this will add a billion dollars to the bottom line because customers will pay to check bags or select higher fares that allow some flexibility. in fact, united announced this and shares went up 8%. which means wall street thinks this is going to be a big money-maker for the airline. >> trace, thank you. we'll be right back. ♪ we asked people to write down the things they love to do most on these balloons. travel with my daughter. roller derby. ♪ now give up half of 'em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income... we could keep doing all the things we love. prudential. bring your challenges.

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on this day in 1933, president franklin roosevelt established diplomatic ties with the soviet union. fdr sent a telegram to a soviet leader saying he hoped the relations between the two countries would be normal and friend bill. this story didn't last because both countries couldn't agree on the soviet unpaid debt. but a new president extended an olive branch to russia 583 years ago today. stocks have been on quite a run, the nasdaq is up which is a turn from previous days, but the dow is down a little bit today. still mighty high.

18,868. mandy tweets @gerriwillis, i put off my mammogram for two years, but after seeing you i decided to make the appointment. good work. all right. and the world shall come to him. welcome, everybody. i'm kneneil cavuto. you are looking at trump tower just a few blocks from us in midtown manhattan. they have been getting the biggest names all to pay a visit to the president-elect and maybe, maybe in the case of some of them, get considered for top jobs in his cabinet. so fox business network's commenting on who he has been seeing coming and going. hey, collin. >> reporter: a lot of big names, you're right. the world shall come to him as the names and big leaders, many of whom we're familiar with from the campaign, have been going in and out of trump tower for another day of