and perfume. you want to smell like a giant orange cheetos, right? merry christmas, thank you for joining us. america's news headquarters starts now. a fox news alert. donald trump giving his first extensive interview since the election telling the new york times a short while ago that he is not taking the possible prosecution of hillary clinton off of the table. his remarks coming just hours after his senior advisor kellyanne conway said he will not push for an investigation into mrs. clinton or the clinton foundation. mike emanuel is standing by. let's go to peter who is live at

trump tower, what are we hearing about the significant discrepancy today? >> trump, the president-elect of the united states, told new york times reporters that he thinks at this point pressing charges against secretary clinton would be bad for the country. trump said it's just not something i feel strongly about. he said "i don't want to hurt the clintons. i really don't. she went through a lot and suffered greatly in many different ways. if that does end up being the case, no more investigation,

major supporters will still have his back. >> there is a tradition that after you win an election you put things behind you. if that's the decision he reached that is perfectly consistent with the historical pattern of things come up, you say things, bad things might happen, and you put it behind you to unite the nation. >> and the press secretary said that the investigation should not be influenced by politics. >> all right, so peter, we'll talk throughout the show about that discrepancy in messages. let me get back to something else and that is meetings and trump tower today. any more scheduled for that possible job interviewed? >> no, but we saw a handful of post holders rolling in in the last couple hours. the headliner is dr. ben carson

who did say that his preference is not to serve in the administration, but he would if they decided there in no one better suited. trump tweeted i'm seriously considering dr. ben carson as the head of h.u.d. he also met with wisconsin congresswoman cynthia lumis. >> ben carson, could be helping rebuild inner cities. the white house speaking out about the ks administration press secretary josh ernest arresting questions about the possible roll back of white house policies and the apparent charge of heart by president trump about a campaign property. mike, good afternoon to you. how concerned is the white house about a new trump administration

untrav unraveling some of the major actions. >> a smart question. good afternoon, the white house is concerned and for example they seem to acknowledge the transpacific partnership, or the t.p.p. trade deal is dead even before mr. trump takes office. he lead on certain issues. he ran against those positions and there is concern about a new president stopping things like executive action on immigration. >> the statements have been made about unraveling them and dividing familys in a way that would be bad for our economy and inconsistent with the kinds of values that have long been revered by american policy makers for generations. >> the white house is clearly concerned about actions the new president may take on the nuclear deal. they suggest any actions that

this administration takes in the final days to perhaps try to strengthen the iran nuclear deal was already in the pipeline before election day. >> let's talk about the interaction. president obama and mr. trump have spoke again? >> there has been reports of phone calls between the president and the president-elect today. josh ernest didn't talk about to talk the conversations between the two men, but said they have spoken since the oval office meeting. on the note too that trump didn't plan to prosecute hillary clinton, that seemed to irritate people in the white house, the why of a president deciding who gets prosecuted. >> we have gone to great lengths to uphold a core foundational principal, prevents politics

from influencing independent criminal investigations. >> and he was asked to talk about the fbi's actions because the director is independent of the white house. >> mike, thank you. >> for more on all of this, let's bring in david good friend, a former deputy o'conno "mornings on the mall." larry, an interesting group of mess ans coming out for president ele president-elect trump. he said prosecuting hillary clinton would be divisive for the country. >> despite the tyranny we have been living under for the past

eight years, the president doesn't make this call. the evidence, the fbi, the investigators, the attorney general will decide if there should be investigations. i don't want to live under a constitution where the president just decide. but if hillary clinton is guilty of wrong doing, she should face the law. and democrats should face an investigation, too. why would you want this hanging over hillary clinton's legacy. that she only got off because of the whim of donald trump. if she is innocent, let's investigate it. >> is donald trump trying to send the fbi a message about what to do? we still have the clinton foundation organization that is open right now. >> i think my fellow commentator made a great point. the president doesn't have prosecutorial power in our country, deciding who is

prosecuted and who doesn't. >> david, let me ask you for one second. we're watching donald trump as he exits the new york times building where he just had a meeting, i believe it went on for about an hour and a half or so, first with the publisher, and then an on the record meeting with a group of reporters there. and he called reporters, the "new york times," and others dishonest. >> that's okay, we can talk about his meetings with the media. he met with fox, nbc, cnn, an others. this is just the latest in a string of them. i think these media encounters call into question whether or not he is trying to telegraph to media companies he will use the power of the federal establishment to crack down on reporters who don't cover him well. i used to be an fcc attorney. i can tell you that every single

one of those companies has business before the fcc, is he trying to send a signal of retributi retribution? >> let's get back to what we were talking about before, the clinton investigation and whether or not that will be on going. larry, a lot of voters who voted for donald trump voted for him because they believed he was a man that would do what he would say, and we all recall this from the campaign trail and what voters would shout out, let's take a listen to this. and earlier today, lindsey graham speaking on our air about the investigation, listen to this. >> well, so much for locking her up, i guess. i can understand wanting to put

the election behind us and heal the nation, but i do hope that all of the thicks that donald trump said about how crooked she was, that we just don't let it go without some serious effort to see if the law was truly violated. i think that would be a mistake. >> so, larry, what happens now. >> i think it is important that the investigation goes forward to we can no exactly what the evidence shows. the clinton campaign themselves said they lost confidence in the fbi director james comey. let's start with a fresh, clean slate. a new attorney general. i want to know more than anyone else that she wasn't dealing in a strange way. >> i wonder if he is trying to send a very direct message to the incoming attorney general -- >> maybe he is afraid that his own dealings are so construct

that if an investigation starts he will be guilty of the same things he accused hillary clinton of. i would love an independent investigation of his interactions with argentina, india, china. he is doing great business for himself, but -- >> you're looking ahead at the rest of our show because we're going to look at business and how business will work for his family around trump administration. >> that was a fine feed forward. >> david and larry, thank you. president-elect donald trump laying out his dos and undos. he mentioned trade reform and rebuilding the military, but there was a couple key promises from the campaign that were left out. we'll tell you about that. plus, five students now dead. the driver under arrest after a school bus crash. horrific. now federal investigators are on the way to the scene.

>> tell your mom, your brother, tell everyone. tomorrow is not promised. celebrn nothing says "treat yourself" like any of these indulgent new dishes. so try the new grand seafood feast with tender shrimp, a decadent crab cake, and a lobster tail topped with white wine butter. or the new wild-caught lobster & shrimp trio crispy and garlic grilled red shrimp, and a lobster tail with creamy lobster mac-and-cheese? you wanted a feast, you got it. feasts like these make the holidays the holidays, so come try one before it ends. mr. brady, we've been expecting you. will you be needing anything else? no. not a thing.

beautyrest black. get your beautyrest. beautyrest black. is depression more than sadness? ♪

it's a tangle of multiple symptoms. ♪ ♪ trintellix (vortioxetine) is a prescription medicine for depression. trintellix may start to untangle or help improve the multiple symptoms of depression. for me, trintellix made a difference. tell your healthcare professional right away if your depression worsens, or you have unusual changes in mood, behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. trintellix has not been studied in children. do not take with maois. tell your healthcare professional about your medications, including migraine, psychiatric and depression medications to avoid a potentially life-threatening condition. increased risk of bleeding or bruising may occur especially if taken with nsaid pain relievers, aspirin, or blood thinners. manic episodes or vision problems may occur in some people. may cause low sodium levels. the most common side effects are nausea, constipation and vomiting. trintellix did not have significant impact on weight.

ask your healthcare professional if trintellix could make a difference for you. a fox news a letter right now. donald trump leaving the new york times building after his first meeting since the election. on trade, i'm going to issue a notification of intent to crawl from the transpacific partnership, a potential disaster for our country. instead, we will negotiate fair,

bilateral trade deals. >> joining me now is a member of president elect donald trump's transition committee and cohost of wall street week. >> you're a busy guy these days. he wants to get rid of t.p.p., can we grow without it. >> you have to remember the historical context of the tpp. the dreams have been structurally unbalanced. all mr. trump is saying that is an effect of hurting the working and middle class of the u.s. >> say we start manufacturing more stuff here at home. it will cost more to do that. we have labor laws. union regulations, all of that. are americans willing to pay

more? we like our cheap stuff. >> i think between the tax incentiv incentives, getting the tax treaties right, and enterprise zones, i think you could lower the cost of goods. remember you have to ship the stuff from china or mexico. if it is made here in the united states it will reduce costs. >> you mean in the inner cities to open plants? >> no question about that. i think there is a by point that he will be president for everybody, and a big focus on the inner cities to give these people aspirational hole. >> dr. ben carson meeting with him and possibly talking about heading up housing and urban development. back to tpp. if we get out and china or another nation steps in to fill

that gap and they become the premier nation -- >> i push back on that for two ways, they don't that want to happen because they want a balance of power. they know you get your best opportunity for peace when there is interdependent or another country. >> it doesn't have to be china. >> but it probably will. the united states is 23.4% of the gdp of the world. we're open for business. and we're going to negotiate a terrific deal with those 11 countries and it will be a fair deal that will be fair to the workers and the middle class. >> donald trump said this, listen. >> on immigration,ly direct the department of labor to investigate all abuses of visa

programs that under cut the american worker. >> we heard that but nothing about the wall. >> i have to take mr. president-elect at his word on the wall. when i find astoniastonishing, . trump is calling for is the enforcement of the laws that are under the current books and records. they were passed by both houses of congress. signed by two different congresses. and at the end of the day, we know and milton freeman would tell you this, you have to have a secure and strong border. if you don't have a strong border, you will annihilate the country. >> good to see you. i won't call you tony because my mom won't allow it. >> my mom likes anthony. >> i can't blame her, it's a nice name. a heartbreaking story to tell you about right now. five children died after their

school bus smashed into a tree. the driver of that school bus is now under arrest. we'll tell you what police are saying today. and president elect trump. the business dealings testing the constitutional limit as his children repair to take over the company that does business with more than 100 countries right now. your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance.

five children are dead after their school bus crashed, and now the driver of that school bus is under arrest. how did that accident happen? >> investigators expect that speed was involved. the driver apparently lost control while the bus was driving down a narrow and winding road, not far from woodmoore elementary school. it had 37 students on board. it crashed into a tree. authorities have charged the driver with vehicle homicide. an ntsb go team joined the onsight investigation into what went wrong. >> conducting parallel investigations with the chattanooga police department. we're looking at what caused the accident in order to try to prevent it. >> they expect to remain in chattanooga for seven to ten

days, but their details probe could take as long as a year. they say school bus safety is a top priority. >> how is the community rea reacting? i can't imagine just a few days before television, as a mom of two, it just breaks your heart. >> the school remained open today, the day before television vacation was to begin. students were certainly not required to attend classes, it was optional. but administrators wanted to keep the school open for an opportunity to meet with counsellors. many students say they have been struggling to explain to their children what happened. >> that has been their challenge all night long. how we will tell him and break the news to him. >> i don't know what to say. all i can do is hold him, love him, tell him i love him. >> 12 students remain

hospitalized, six in intensive care. for police in philadelphia investigating what is being described as a suspicious explosion. they say a package contained an explosive device that went off in an apartment around 4:00 a.m. today. a man opened it thinking it was medication he was expecting. he was taken to the hospital. police say they're not sure who mailed the device or why the man was the apparent target. president elect donald trump relies on jared kushner, his son-in-law as one of his close advisors. now we are hearing new details on how he helped donald trump win the white house. and keeping millions safe during the holiday season amid more calls for attack from isis. >> i want to make sure they keep their property, their cell

phones, their wallets, in their front pockets all the time.

are you on medicare? do you have the coverage you need? open enrollment ends december 7th. don't put it off 'til later. now's the time to get on a path that could be right for you... with unitedhealthcare medicare solutions. call today to learn about the kinds of coverage we offer, including aarp medicarecomplete plans insured through unitedhealthcare. these medicare advantage plans can combine parts a and b, your hospital and doctor coverage... with part d prescription drug coverage, and extra benefits... all in one complete plan... for a low monthly premium, or in some areas no plan premium at all. unitedhealthcare doesn't stop there. you'll have $0 copays for preventive services... like an annual physical and most immunizations.

you can also get routine vision and hearing coverage and a fitness membership. for prescriptions, you'll pay the plan's lowest price, whether it's your co-pay or the pharmacy price. or pay zero dollars for a 90-day supply of your tier 1 and tier 2 drugs, delivered right to your door. in fact, our medicare advantage plan members saved an average of over $4,500 last year. so call or go online today to enroll, and enjoy these benefits and more, like renew by unitedhealthcare, where you can learn about healthy living and earn rewards, too. your healthcare needs are unique. that's why, with over 30 years of medicare experience, we'll be there for you -- we can even help schedule your appointments. open enrollment ends december 7th. so don't wait another day. if you're medicare eligible, call now and talk to unitedhealthcare about our plans, like aarp medicarecomplete.

let's get you on the right path. call unitedhealthcare or go online to enroll. fox news alert, the dow has just topped 19,000 for the first time. stocks at 43 points. all three indexes hit record

highs for the second straight day in a row. wall street rallied since the election on expectations that donald trump's policies with will business friendly. and that will get us into our business segment in just a moment. but in the meantime, another fox news alert. president elect donald trump's son-in-law jared kushner would play an even bigger role in the white house. mr. trump said kushner could help make peace between the israelis and the palestinians. and we're learning how critical he was in helping trump win the election. hi trace, what do we know. >> many believe he delivered the presidency to mr. trump. he said people are being told in

washington if they did in the work for the trump campaign, they would never be able to work in republican politics again. i hired a great tax policy expert that joined in two conditions. we couldn't tell anybody he worked for the campaign and he was going to charge us double. then running the campaign like a start up. spending as little as possible. boarding the plane with fish fillet sandwiches. he says i called someone that works with one of the technology companies that i work with and i had them give me a tutorial on how to use facebook micro targeting. and then it went from 8,000 hats or so a day to 80,000. then it was about getting trump's message to the voters for the least amount of cost

like scaling back television add spending, and identifying shows that were targeting people. and when they realized michigan and pennsylvania were turning trump's way. he unleashed a flood of tailored tv ads and last minute rallies. eric schmidt said best i can tell, he actually ran the campaign and did it with essentially no resources. the articles theme is that the traditional campaign is dead and jared kushner killed it. >> what role dot ex-perts now see him playing in a trump white house? >> donald trump says his son-in-law is a great political expert despite the fact that he has zero political experience.

we spoke to carl rove and he thinks that kushner will still have trump's ear, but will play by the rules. >> if he tries to circumvent the process by going right to his father-in-law, and that will not serve him. so i hope he will share his information with the two at the top of this pyramid. >> and yet our boss, ruppert murdoch saying i assume he will be in the white house for the next four to eight years. he's a strong voice, perhaps the strongest. >> good son-in-law there. he will probably get a nice gift for the holidays. will president-elect donald trump's businesses test a constitutional limit.

he was asked about it in a meeting with the "new york times" today. he told them the law is on his side and he is faphasing himsel out. he also told the "new york times" he could run his company and the nation at the same time, but he won't do that. he also weighed in on blind trusts saying they're not necessary in his opinion, but in this case he will use one anyway. welcome to you both. how do you ensure that a company that has operated in 110 pl cou conflict of interest with the white house? >> there will be conflicts of interest, no doubt. he has 16 in india, 13 in the united arab emirates. the idea is that donald trump specifically doesn't profit from it and distances himself.

i think what is interesting is people need to consider right now that for instance, congress, we have a lot of people who became rich when he was elected. you want to talk about profiting from -- >> we're talking about the president of the united states here, let's stay focused on that. >> someone can go to dc and somehow now have a conflict of business interest, it is out there already. >> he is exempt from conflicts of interest laws. he addressed that today, but his children are not. so how does it work if his children are running the company? >> we have a president for the first time running a major business empire while transitions to potus. he can't be the leader of his vast business empire and commander and chief. and he was very critical of hillary clinton -- >> he said he is out. the children will be put in

play, he is talking about some kind of a blind trust arrangement. how does that work? >> i don't know how he could say it's blint and d. he wants security clearance for his three children and he wants them to lead his business interests, and you know we all know that he will speak with them about it. so there needs to be a very clear fire wall if this is going to work. >> how does this work? the constitution addresses this, article one, section nine, let me put on my history cap here, no person holding any office of profit or trust shall september a present office or title of any kind whatsoever from any king, prince, or foreign state. this is part of what we were dealing with with the clinton foundation. investigations into pay for play. >> there are republicans questioning and critical of this. i think push come to shove, the

structure will be executives already working for donald trump in his businesses -- he spent almost two years crisscrossing a nation running for president. they are still ran, they were still great places to vid and have fun. if he wants his children more involved, more than likely he'll set up blind trust where his executives are in control. >> that's the key to it, is that correct. you a blind trust, you have someone with no family ties that says away from the white house? >> i agree. i think he needs to bring up some executives from within his company, not his family, to be completely beyond reproach in this matter. because otherwise his kids, who are helping him right now are helping transition him, and running a business empire. >> what a thorny issue.

>> a private company, public companies are more under scrutiny. >> it's difficult, but particularly talking about kushner and ivanka who really has her father's ear. i think they will have executives at the top and one twor kior two kids. >> you know who loves this? the press? they will dig into every business deal they can. >> it is just a very different situation than we have had before, jfk and his family members -- this has happened in the past. >> great to see you both, grauz to have you, thank you so much. lindsey graham supporting jeff

sessions as the country's next attorney general and lashing out at critics that call him racist. >> these attacks on his personal character, about being a closet racist is garbage. we have policy differences so i will be glad to challenge him when we disagree, but support him in terms of him being a good, decent man, and the democrat colleagues, you better watch what you do here. >> a former prosecutor and state attorney general. if girleconfirmed he will be in first attorney general from arizona. the raiders and the texans

were playing in mexico city last night, several green flashes of a green laser shining in brock osweiler's face. he thinks the laser may have affected how he played the game. new concerns about terror plots after a man is charged with planning an attack in new york's time square. it came as plans for finalized for the television day par raad. and a school bus driver loses control sending the bus off of the road and flipping on it's side.

i'm about to start the nature's bounty hair, skin and nails challenge. so in 30 days, my future self will thank me. thank you. i become a model?!? yes. no. start the challenge today and notice more beautiful hair, skin & nails or your money back. ..... (sfx: park rides, music and crowd sounds)

oooh! when your pain reliever stops working, your whole day stops. (sighs sadly) try this. only aleve can stop pain for 12 hours. plus, aleve is recommended by more doctors than any other brand for minor arthritis pain. aleve. live whole. not part.

a fantastic hour coming up for you in the next hour.

president obama is going to present the presidential medal of freedom for the last time. 21 recipients from sports, hollywood, art, and science. they include celebrities tom hanks, michael jordan, names you know, others you might not have heard. starting at the top of the hour, we'll have it live and we'll see you then. bus full of high school students flipping over on a snowy highway why upstate new york. >> it's going over. >> oh, goodness, that bus taking kids from rochester. you see the whether there. ten students and the driver were slightly hurt. they are one of six states requiring seatbelts on buses and it likely saved lives.

the new york city annual thanksgiving day parade, police are working hard to ensure that everyone will be safe from terror attacks. first we start with rick who is live in new york city. >> the nypd says they have never been better prepared to protect tourists, celebratory people, and protecting against terror attacks. they're trained, they have explosive sniffing k-9s, and they're focusing on protecting the 3 1/2 million people that

will pack that parade route. setting up significant roadblocks to try to make this a smooth celebration. >> this is not something new to us here in new york city. we deploy blocker car vehicles, we have perimeters around the events all of the time. we'll have sanitation trucks, they don't move. someone can hit them but they won't move. >> the chief says he is extremely confident, his own family will be in the crowd. >> what about danger under ground? >> new york city has the busy subway p system. the trains and the platforms get packed. and police check it, but crimes occur as varied from pit pockets to being pushed on to the

tracks. >> it's not a good time to be on your phone. >> that's good advice, not just in new york, but where ever you are. >> rick, thank you. as police add security, the department of homeland security is putting out a new warning. isis is calling on their followers to conduct copy cat attacks. katherine harris is live with that report. >> thank you this homeland security negligence analysis obtained by fox news was sent to law enforcement after the campaign called on terrorist inspired attack. the white house said a short time ago that the president will be updated on the threat picture

soon. >> as usual the president will get a briefing from his national security team before the holiday about current threats and about all of the steps being taken to mitigate and counter those threats. >> the new isis magazine does not lay out specific targets. they write "the use of macy's thanksgiving day images is implying the desire for isis to focus on such holiday inspires events." >> according to the complaint, he is from brooklyn new york, she a legal permanent resident who was born in yemen, and he has support for a similar style attack in times square using a garbage truck. he travelled to turkey between march and september of last year in his further support of isis and based on conversations with government informants, he may

have been recruited by the terror group because he could easily travel to the u.s. terror experts say this is more evidence that success of the ni attack, which was one man killing schools of people, i think isis drew the necessary conclusions and they realized, even with low investment, almost nil investment, you can get a lot of return for your terrorist buck, if you will. >> it is certainly worth emphasizing that naji's attorney says this is a case of entrapment by the fbi and his client was singled out because he was from yemen. speaking of staying safe, are you thinking about deep frying a turkey this week?

you don't want to try that one. that's one of the many things that can go wrong. we'll tell you how to do it the right way. beyond is a natural pd that goes beyond assuming ingredients are safe... to knowing they are. going beyond expectations... because our pets deserve it. beyond. natural pet food.

welcome back. this time of the year cooking safety is a hot topic as the consumer of protection agency demonstrates dramatic kitchen fire that is can ruin your holiday or a whole lot worse, like take out your house or a wall. karoline is live with the latest. >> reporter: unintended cooking is the top cause of fires when people get distracted by

friends, family or football games and just walk away. what you do after the fire is important. cover the fire to smother the flames. never pour water on the flames, which is what they do in this demonstration. >> home fires are on the rise. as a matter of fact, the most recent statistic indicates that home cooking fires hit new highs in 2012, 2013 and 2014. >> they also say you're three to four more times to have a cooking fire on thanksgiving than any other day of the year. about 100 of us will set the kitchens on fire. >> you have it all going. so what about deep frying a turkey? we saw video of that. the worries there are what? >> well, since 2004 the government reports turkey fryers have caused dozens of serious injuries and over $5 million in property damage. rule number one, thaw out the bird completely. put a frozen turkey in hot oil

and it can boil over to cause a massive grease fire. and keep the fire away from your house, don't use it on a porch or in your garage. don't drink and cook. now that one might be a hard one to follow for some of us. >> that's exactly what i always say at home. don't have too much beer and stand right next to that thing and keep the kids away because that can be really awful. all right, caroline, good information. thanks a lot. well, we are waiting for the annual freedom of medal ceremony, but why was the original recipient not allowed in?

welcome back. we are taking a live look at the white house awaiting the medal of ceremony. ellen degeneral reees said she couldn't get in because she

forgot her i.d. but a we saw her inside the white house doing the mannequin challenge with the other honorees. it is the highest civilian honor in the country that the president can give. thank you for joining us. here's shep. it's 3:00 on the east coast, noon on the west coast. we'll take a live look at the white house where the presidential medal of freedom is about to be bestowed upon a number of people, many names if you've heard, many names that you haven't, a few, kareem abdul jabbar, ellen degeneres, robert de niro, bill and melindagates, frank geary, tom hanks. a star-studded affair, no doubt. and something to which we in this hour look forward to every year for many presidents past. as this is sort of the time of day when this happens. it often happens as an outgoing president is in the process of transitioning as we are now. i remember this happening with president bush and presidents