harris: charlie hurt put a hurt on us. that is not new material. >> and charlie of the sea, charlie tuna. harris: we'll see you online in a few seconds. "happening now" now. i am greg jarret in for jon scott. >> i am melissa francis in for jenna lee. it is an optimum time for them to speak. in the meantime mr. trump started the day off with more meetings in trump tower including with the ceo of shell oil. >> and we have mike emmanuel

where both vice-president biden and can vice-president elect mike pence are making an appearance. we have the latest on the trump transition. hey, john. >> reporter: greg, good afternoon. it is a heavy military area and perfect place to unveil the official announcement for secretary of defense, general james mattis. general mattis because he's only been retired for three years needs a special waiver. and house and senate republicans are working on that so there is no i cup. he is about to announce the secretary of defense and donald trump broadening out the search for secretary of state. he met with john bolton last friday and today meeting with

rex tellerson. and an indication that he is looking outside of the military and political field for top diplomats and at the same time he is doing that. the trump transition team continues to get questions about the call from the taiwanese president. and mike pence said donald trump is fully aware of the long-standing one china policy. >> we have a unique relationship with the country since we reopened relations with the peoples republic of china. i think he felt it would be rude not to take the call. >> reporter: and in the intrigue, former presidential candidate bob dole said his law firm likely had something to do

with that call. we are not sure what that all means. it could be nothing or just a courtes or a slight indication of a shift of policy in china. >> mr. trump trying to clip the wings of the air force one project. the air force asked boeing to come up with research and development of the plane that has been ferrying the president around. and when donald trump caught wind of what it would cost, suggesting that he might put the cabosh on it. boeing is building a air force one. but costs are out of control. more than 4 billion. cancel, order. exclamation point and told the press pool this morning. >> the plane costs are out of control. over 4 billion for air force one

program. and i think it is ridiculous. and i think that boeing is doing a little bit of a a number. we want boeing to it make money but not that much moneyy. >> and bog fired back. $0.01 upon million to work on the complex aircraft that serve for the president of the united states. we look forward to work with the air force and allowing us to get the best plane and best value for the american taxpayer. and so far, they have only got into initial research and development and no air frames have been built and not like there is a plane ready to take off. not unprecedented either, greg. you remember in 2009, the military marines were taking delivery of a marine type helicopter when the cost ballooned from 6 billion to over

13 billion, president obama cancelled it. and one final note, donald trump held shares in boeing and he sold all of those shares in all companies back in june. donald trump is never a huge fan of stock and his fort feelo might be substantially bigger than yours or mind doesn't represent all of his holdings. >> small percentage. but for you and me, pal, that would be cash. >> reporter: living easy in a remote island somewhere. >> thank you, john roberts. both outcome going and in come canning vice-president presidents in washington. mike pence met with the senate gop caucus. mike emmanuel is on capitol hill with more on that. mike, what do we expect?

>> reporter: we just saw vice-president elect mike pence arrive here for lunch. bottom line vice-president elect and new administration and senate republicans are continuing their dialogue as they hope to hit the ground running. senate republicans hope it is a regular thing once mike pence becomes the vice-president of the united states. mitch mcconnell hopes that pence will attend when he is in town and the lison between the trump administration and law makers on capitol hill. similar to the role that vice vice-president cheney did in the bush years. pence is no stranger to the hill after serving 12 years in the house of representative. and they expect he will be a consistent communicator with law makers as the administration moves forward. vice-president biden left here a few minutes ago and met with house democrats as part of his

farewell tour. he generated buzz in the capital when he was asked about a 2020 run. and a house democrat shouted 2020 but he did not take the bait. the vice-president said he was not ruling anything out in four year and doesn't plan that far are ahead, but perhaps showing regret after not run nothing the 2016 psyche and he will looking at a republican administration about to take office. mike pence meeting with the senate republican and we'll hear from the senators after their lunchion and talking about the proprietaries going forward for the new administration and also law makers here on capitol hill. >> you would have to think he would be the messenger. thank you for that, mike. greg? >> we'll talk to aaron zitener.

and a b stoodard joins us. great to see you both. it seems aaron, that donald trump is not a guy terribly with precedent and protocol can. he's not been sworn in and aggressively approaching policy whether calling the taiwan president or accepting a call or keeping jobs in america; is that a refreshing and encouraging change of tradition? >> some people will love it. it is the proverbial kicking butt and taking nameses. he sees companies doing things that are not in the interest of worker and taxpayers like he did with carrier and another manufacturer in indiana and today with boeing. he will do something about it. there are risk and down sides to the approach. >> ab, some media outlets. and this one taking a swipe at

the president-elect. >> the president-elect is likely to set policy on twitter than know through consultation with the dc advisors, is there a fair point or cheap shot? >> i am much more concerned with donald trump saying things on twitter that are not true and sometimes he does that and the boeing numbers are 4 billion and boeing said $0.01 million. i know there is a long-distance between 170 million and power billion. and he needs to get his facts straight. he likes to circumvent the press and he really likes the drama. and the tv show aspect of the presidency and going to be a totally different president unlike anything that we have seen. i have spoken to investors who are terrified about what will morning will bring and tweets and markets open. it is a very new game, and you

saw boeing stocks react. and it will be controversial and it is what donald trump will do and perfectly clear he will not get off twitter and avoiding press conference and doing it his way. >> aaron, his approval numbers have gone you up and disapproval went down. for him that is the right direction. but in terms of tweeting and so forth. those same people say it is unpresidential and don't particularly like it. what do you make of it? >> the tweeting and consequence of intervening in this way. people who like donald trump sure, you saved american jobs at costs because carrier got tax breaks. but businesses want certainty and republicans told us for years that the impediment is the

lack of tax certainty and regulatoriy certainty. it is in the republican platform give businesses a certainty and industrial policy made like this. and one day he's after an indiana manufacture per and next day boeing. he put university whys on notice. keep tuition costs in check or we might go after your federal money and pharmaceutical companies on notice and there is a new target daily and they don't know what to make television. >> critics say he's focusing on personal and politic and personality than he is on policy itself. why is that necessarily a bad thing? maybe be they go hand in hand? >> once he's in office, greg, he will not be able to have the cabinet secretary apprentice

show. it will be over with. he loves the guess and drama and suspense of who he will hire and who is seriously considered and all of the conjecture and that is driving the news cycle and that will not be there when he is governing and i expect to continue to see drama meets suspense, and big hints on tweet tweet or mro clamations on twitter about companies he's critical of and like he did on sunday and he will be on the thank you tours like tonight. in north carolina where he wants to meet with the voters. it is an endless exam pain and republicans criticized president obama for doing this. and there is no indication that donald trump will stop the rolling show. it is what he does and like and he doesn't want to be buttoned up in a government building chewing over policy. he wants to interact with people

and attention and news. >> you know, president obama was critized heavily for lack of communication and transparency and the president-elect is taking the opposite course. good to see you ab, and aaron. >> why general mattis is not eligible for the job and what congress can did about it. may major american city alert because of a terror threat against the transit system. >> it could be a hoax oregon real. here in los angeles we are viggent. and so if you see something say something. what makes this simple salad the best simple salad ever?

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low blood pressure, kidney problems, or high potassium in your blood. tomorrow, i'm gonna step out with my favorite girl. ask your heart doctor about entresto®. and help make the gift of tomorrow possible. president-elect trump's pick for defense secretary has a hurdle to over come and congress holds they key.

general james mattis needs law makers to isswaiver. the law states that the the secretary of defense must be a civilian who is out of service for sen years. general mattis retired three years ago. we have a fox senior producer on capitol hill and a man who knows everything and we turn to everything for rule of history. what is the history of civilian control? >> there is a lot of history of this. this goes back to the beginning. 50 yards behind me. one of the eight paintings is by john trumble and george washington resigning his commission in 1783. thats was the precedent that was set so there is civilian control of the military. going to the constitution, the president, a civilian control of the military. and of course, congress can weigh in.

this started with george washington and it's importance is depicted here in the capital rotunda. >> he needses a waive authority r for this is there a precedent? >> yes, 1950. george marshal author of the marshal plan. he was secretary of state, and became secretary of defense under president trumman and they passed the national security act much at that point you needed ten years. and they gave him a waiver and some people say are we setting a new precedent about what we said about george washington. they are looking at this with general mat is, can they do a new waiver. and lower the bar in 2008. most have served in the military before. chuck hagel was an enlisted man but they had been be out of the

military for some years. >> what are the logistics. i know kristin gillibrand said she doesn't think he is get the waiver. others are weighing in. >> this is going to be complicated and rumblings here on capitol hill putting a provision in the interim spending bill to keep the government funded past this friday. and say why don't we lower the bar from 60 votes, that is the procedural threshold to move pieces of legislation down to 51. and putting it in a interim spending bill so they don't have to wrestle with it next year. some democrats say they are okay. and some senior democrats said they wouldn't be okay in putting that legislation in the interim spending bill. one said it was not in the bill

yet but expect it to be here. we'll know whether or not it is in there. this is not the nuclear option where they lower the threeshold for considering a nomination. but some democrats wond fer it opens the door and if that is the nuclear option and if i had had a geiger county it would emitgamma rays. >> chad, thank you for clearing it up for us. >> thinking about that right now. and a man who admitteded planning an attack on capitol hill sentenced in court. the punishes he now faces for his plot. and president obama delivering a final national security address. what are the most serious threats our country faces? and how do we stop them?

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>> fox news alert. a terror threat against a major u.s. city's transit city. and the universal city redline station in los angeles, after an anonymous tip from overseas about a specific asset that was set for today. law enforcement beefing up security as the feds try to determine whether the threat is credible. the commuter rail carries passengers daily and runs from downtown los angeles to northern neighborhoods. to ohio now. a man sentenced for 36 years in prison for plotting an attack on washington d.c. earlier this year, 22-year-old christopher lee cornle pled guilty to charges of attempted

murder of u.s. official and employees in a plot in support of isis. he has been given 30 year and a lifetime probation. cornel, was apprehended in the 2015 state of the union address of president obama. many of the people, the islamist moved a way when we did not execute the 2013 chemical redline. afghanistan, the war is not winnable and we cannot win. >> that was retired four- star general jack keane testifying before the armed services committee. general kean e is chairman for the institute of the study of war. that was one of the most remarkable things that you said. i went through all of the

testimony. can you talk about the idea that the war is not winnable. >> yes, largely driven by our policy and suddenly after 15 years involved in afghanistan and we have squandered the opportunity to win this war is sad commentary. but this is what it is. when president obama came in to power, he realized he had had a worsening situation in afghanistan and agreed to put in play a counter insurgency led by mccrystal and petraeus and they recommended him to defeat the taliban using that strategy would require 40000 forces to escalate in afghanistan and the president said no. and gave them 25 percent and gave them 30000 and pulled those forces out at 15 months. at thatstition point, the war was doomed to a proacted war and

pulled all of the combat forces out by 2015 regardless of the conditions on the ground and in addition to that, we did not give afghan security forces enablers that they need to fight effectively which they had while we were there. thatta attack helicopter and intelligence and anti- ied and logistic's infrastructure and second problem. two sanctuaries that the afghan taliban are living and using inside of pakistan, and the pakistan military actually provides them assistance at those sanctuary and those are the reasons why we can't win with this current policy. to stop that go after the sanctuaries despite pakistan's objections and give the afghan security the capability that they need. >> that is not even a battle so many americans are are focused

on right now. a lot of people are thinking of other places. we have pressing problems, you think of isis, in syria. and the aggression with russia. that could go on and on to all of the different hot spots around the world. what do you think should be the number one priority for the president given that you set the table. >> i told this to president-elect trump. i said in 2017, this is going to be on your plate because afghanistan will come back in to the news n. terms of the major issues that we are dealing with. and there are plenty out there, and as a matter of fact, we have never seen global security challenges on the scale we are dealing with since the ruse of the soviet union postworld war ii. they are diverse and formidable and dangerous. to name a few, the top priority

is revisionist powers that are seeking to dominant. russia, china and iran. and everyone of them are having success. and some of that success is due to the fact that the united states is truly not engaged in ways that we have been in the past. and obviously the other thing. radical islam and spreading around the world and impacting as a global jihadi. >> how do you priorityize that. it is overwhelming. >> no, it is not. look at what is our national interest and prioritize against it. we can do something with everything. some things will require more resources. i am not talking about necessarily military resources, but most of this is about america leadership. in the last eight plus years,

american leadership. we have disengaged in the world. and emboldened our adversaris and frustrated our allies. we have to let people know that america is back. that sends a loud message. we have to rebuild the military and that is a loud message. >> that can impact all of the different problems that you just mentioned and then you can sort through and prioritize them. that makes a lot of sense, general. thank you for coming on and we appreciate your time. >> democrats coming off a dramatic loss. and a long- time house minority leader nancy pelosi said she does not think people want a new direction. do democrats need to do more soul searching? firefighters may have found all of the victims in the deadly oakland warehouse fire. and the next step said the

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>> new information on the tragedy in oakland, california. fire crews believe they have now accounted for all of the victims in the devastating warehouse fire. 36 people died in the blaze. officials are working to identify all of them and notify their families.

claudia is there in oakland. is the recovery effort winding down? >> reporter: it is, greg. fire crews are searching one last section of the warehouse but don't think they will find more victims inside and then in that case it will be the 36 souls were mourned and remembered in a candlelight vigil. many in the 20 and 30s. and rescue crews found bodies holding each other. and some sent good bye. and texting relatives and friends they were going to die and they loved them. in the meantime investigators are collecting evidence in the crime scene and talking to dozens of witnesses including the owner who is not seen publicly. and the manager of the artist onclave. you can see his mug shot from

his arrest last year for felony charge and stealing a rv. in a media interview he takes no responsibility. and his wife said they were abandoned by the land lord. city officials coming under fire and building inspectors having to explain why they did not follow-up about the repeated complaints about trash and debris and code violations and complaints going all the way back to 2004. investigators with the alemedia district attorney's office are working to determine the liability and possible criminal charges could range from involuntary manslaughter to murder depending on the evidence. >> incredibly sad story for all of those families. claudia, thanks. >> it is soul searching, nancy pelosi was challenged by a guy from ohio and someone who can

can speak. they were like forget you. chuck schumer is the democratic leader in the senate. and keith ellison, do you think that will happen? allen, who is a lifelong democrat said you can't do it. it is harder to imagine a worst candidate. >> i worked to beat ellison. and he was a constructive force and a lot of people respect keith and the issues of israel and people like chuck schumer who are strong for israel. >> that was neera tanneden discussing how democrats move forward after getting hammered in the past election. nancy pelosi defeated ohio congressman tim ryan who argued that democrats must change if

they wanted to stay relevant. we have fox news contributor and thank you both of you. mo, i start wu. the question that meg an asked where is the soul searching. a lot of people didn't see the shellacking come canning. but in the rearview it is clear it did happen. why not more questioning about direction? >> well, i would hope and i am a lifelong democrat as well. before i took this job i was a communication's director in the democrat committee. and i spent time thinking of what went wrong and others have as well. but what is important to understand. it was not a ideological shellacking. to be honest donald trump sedefeated both parties.

first the republican party before defeating the democrat party. this is about understanding who we are as a party and what the party needs to offer to the american people and figure out how to connect with them. the biggest problem too many people are having, they are debating left versus right access. people feel left behind by a system. you can see donald trump taking positions that are more in line with traditional democratic than republicans. >> let's let david get in. mo is saying it is not our message but we didn't communicate it. >> that's not what i am saying. meiss a. >> you are saying our values match what our people wanted

from donald trump, no? >> no, the democratic party has a fundmental disconnect and not done a good job connecting with people's values. it is not just policies, it needs to figure out how to connect once again with what people want to today. which is a fair shake. the party did not do a good job articulating what it has to offer. >> fair enough. >> joe biden saying he is not ruling out 2020 says everything you need to know about the future of the democratic party. vice-president biden said he and the president talking about post scomplekz the president wants to spend the majority of his time to work people to state offices. a development that we republicans welcome given his

track record of electing democrats. we have a white house and majority in the house and senate. and 33 of 53 republican governors. and after eight years was policies pursued by this president. joe biden for president in 2020? >> mo, you think joe biden would connect. or another democrat on the last represents what want the people want? >> look, i think we are having the wrong conversation. it is not so much as who as opposed to what. over the past decade the democratic party failed to. >> i get that. i get. that >> mo, >> one at a time. >> mo, i understand your point.

but is there someone out there that represent the idea the way that donald trump connected. you said he's neither right or lest. is there someone on the bench that you think could. >> i think there could be a number of people on the bench. but again, we've got to figure out and i will be curious to hear people on the bench right now stepping in it the role, but if they don't arcticate it now i will be wrong. it is not so much about the specific individuals as much upon as it is. >> melissa, look, look, look. this is what mo is not acknowledging. more democrats are seeking to leave the boat. a state rep in arkansas switched from democrat to republican. and two u.s. republicans to go work in the trump administration and one publicly known house

member be talking to trump about going to his administration and. as long as democrats want to celebrate two percent job growth and will not call criminal and terrorist activity what it is, the democratic party will continue down the >> thank you. >> it is the wrong conversation. >> appeals court ruling that e-mail surveillance was fair game in a terrorist game even without a warrant. our legal panel weighs in on when it comes to collect canning your e-mails. >> and an elementary school under fire for doing corporate punishment. liberty mutual stood with me

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>> federal court of appeals upholding the conviction of a man who tried to bomb an oregon christmas event. he said he was set up by the fbi and also argued that the government collected his e-mails without a warrant with. what about that. we'll bring in our elyis and bob. entrapment is police coercion. is this entrapment? >> not at all. he sent out those e-mails. and he then the vib vib got on to him. he sent them out and presses had his finger on the trigger thinking he is blowing up something. he thought he was blowing

something up. but the fbi got involved only after the e-mails. he was already involved in the activity. >> bob, did the court get it right when they said look, the government didn't need a warrant to nab the e-mails? >> absolutely. terrorism is a huge thing that the government has a huge interest in saving the community. and the investigation of the foreign national and they found out about the e-mailses from the united states citizen. and turn their eyes away from someone planning terrorism. it was a reasonable use of the government's resource and they did it with court approval and so it is acceptable. >> in san diego, the school district, the teachers are making students do pushup

positions call planks and other things on a hot black top. the aclu said it is over the line corporal punishment. that releases physical pain to the students. is this lawful? >> it depends. you know, usually it is not lawful. there are some cases where they do allow certain teachers to make the decision. but this is what they went on to do in the district. they said the parents could not come in and complain. >> they banned them from the campus. >> i am sorry, are you kidding me? >> they threatened to arrest the parents if they came on the school grounds to complain about corporal punishment. and instead of free play, the

students engaged in pretype activities including jumping jack and squat hole pe-type activities. it was an opportunity to reinforce the importance of safety, following directions, as well as engage in exercise. >> i think it is crazy. as a person who is a prosecutor, what we have here is someone who clearly was conducting physical punishment to the kids. who had asthma, who was injured. there was injured people. when students are in the scare and custody of schools, they have to act in the best intentions of the school.

>> good to see you both. >> drama on the recount front. a new effort in one battleground state to have jill stein paying more money for the recount. introducing drug-free aleve direct therapy. a tens device with high intensity power that uses technology once only available in doctors' offices. its wireless remote let's you control the intensity. and helps you get back to things like... this, or this. and back to being yourself. introducing new aleve direct therapy. find yours in the pain relief aisle. check your sunday paper for up to $13 in savings.

hello, everyone. a fight between president-elect trump and boeing other a new air force one. so we'll tell you what they have to say about all of that. plus trump meeting with another potential secretary of state candidate who has very close ties to vladimir putin. we'll talk about that, and could two of the most powerful women in dc next year -- two clues as

to what two of trump's advisors could be doing. we'll see you at the top of the hour. >> new developments in the recount drama. now looking for green party candidate jill stein. and we await federal action on the recount effort. rick levinthal is following all of this. >> dr. stein is trying to continue with the recount in battleground states. in pennsylvania where trump won by roughly 50,000 votes, they're appealing a decision by the philly board of elections to deny a forensic audit of voting

machines. the stein camp says they're looking for software abnormalities. they call the pennsylvania election system a national disgrace using hackable technology banned in other states. n michigan, they're recounting nearly five ballots by hand. the michigan republican party filed and appeal calling it a waste of time, energy, and tax dollars. the president-elect is widening his lead by at least two dozen more votes. dr. stein spoke outside of trump tower yesterday. >> we're here to assure donald trump there is nothing to be afraid of. if you believe in democracy, if

you believe in the credibility of your victory. >> thank you, we'll be right back. so try new dishes like the new grand seafood feast, and the new wild-caught lobster & shrimp trio, with a lobster mac-and-cheese topped lobster tail. come treat yourself to feast fit for the season before it ends.

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visit alz.org to join the fight. thank you very much, you guys. starting with this fox news alert, donald trump picking a fight today with boeing as transsis meetings roll on today. good to be with you this afternoon. so president-elect trump surprising reporters today. we usually see people going in and out of there, he came down, the elevator doors opened, and here is what he said. >> we talk about a lot of things to a lot of people. we is a v a lot of people coming up. doing very well. >> that was not the main point why he