christmas, the pet rock is back. >> nordstrom selling a stone or essentially an $85 rock. and it's selling out, john. >> we remember the original, the infamous pet rock, a big fad back in the '70s. aw. thanks for joining us. >> america's news headquarters starts now. thank you, guys. yeah, so we've got brand new announcements in the trump administration today. who was in, who looks to be out at this point. hi everybody, i'm martha maccallum, reports that the president-elect has selected his dhs, department of homeland security secretary so far today. he has had a pretty busy day over there at trump tower. interestingly guess who walked in? rahm emanuel. north carolina governor pat mccory was there as well, scott prewitt, and the ceo of hardee's and carl's jr. no idea if he came around

lunchtime. pete doocy joining us now. let's start with the biggest question mark, rahm emanuel, any idea what they were talking about? >> reporter: the mayor told us his side of the story, martha. he went up to the 26th floor to talk to president-elect about white house operations and the way that things are going to run or should run in january when mr. trump moved to the white house. and emanuel, of course, drawing on his experience as one of president obama's chief's of staff. the mayor also says that the two of them, upstairs, were talking about why chicago works as a sanctuary city. >> i was clear about where i stood and other mayor's stood on immigrants, that we welcome them because they are achieving and striving for the american dream, but also how to make as a city and as a country key investments in both the talent, the training, as well as the transportation to drive economic

growth. >> reporter: this is the second emanuel brother mr. trump met with during the transition. ari emanuel, hollywood super agent was one of the first invited to see mr. trump at his new jersey estate. some others on the guest list are the defeated north carolina governor pat mckror ri. south prewitt and the ceo of hardee's and carl's jr., martha. >> very interesting watching all of this. so in terms of homeland security appointment. the department shared for that. what do we know about that pick as far as it's shaping up today, peter? >> reporter: that it's coming soon, martha. and transition officials are telling us that mr. trump has settled on the retired general john kelly. who used to run u.s. southern command. that is the pick, apparently, to be the dhs chief. we are told the president-elect has every intention of announcing this pick soon. unless something happens at the very last minute. the "new york times" is

reporting that the only reason kelly hasn't been offered the job yet is because he's out of the country right now. the other one that we've been watching, of course for the last several weeks, secretary of state sweepstakes. mr. trump said this morning in a telephone interview on nbc that that announcement will be made next week, martha. >> that's going to be a big one. we've been waiting for that for some time. especially given all the match nations of who's involved, big names. thank you very much, see you in a bit. so the president-elect has had a love/hate situation with the press you could say. at last night's rally, he tempered it a bit. watch this moment. >> the script to what we're doing is not yet written. remember, this has been a great, great movement. the likes of which they've never seen before. the likes of which those folks back there that write the stories -- no, no. no. i'll tell you, and they're

saying it, they've never seen anything like this before. >> perhaps an attempt to mend fences there, for at least a moment. then this morning he was sort of right back at it but with a different target. talking about the use of his twitter machine which he likes quite a bit. >> i think i am very restrained and i talk about important things. it's a modern day form of communication between -- >> you and your picking fights. >> facebook and twitter. i guess more than 40 million people. and that's a modern-day form of communication. i get it out much faster than a press release. i get it out much more honestly than dealing with this dishonest reporting. >> you guessed it, when it comes to that, leslie marshall, and fox news contributor as well, and chris plant, radio host of the chris plant show. welcome, good to see you both. you know, it is a very easy way for him to speak directly to the people of this country, and he's been doing it for years, leslie.

so it there any problem with it? >> i think there is now. i mean, he's in a different role, he's not just a private citizen and the businessman or somebody running for office. he is now the president-elect. he will be the president of the united states at least for the next four years in his, you know, first term or if it is one term. and i think that he needs to be more presidential. what he said is it's a way to get the information out there and quick. the problem is, a lot of what president's say are is censored and quite frankly, not censored, edited by staff that you have to have it edited, at least when you look at how small the world is becoming with the internet on an international level. >> but i think people get, chris, that he communicates in a different way. and how is it any different than the radio address? just happens to be the most efficient way to get your message out today and it's what people respond to and it's worked for him. and i think people do give him a little bit of leeway in terms of maybe going back and fixing something or changing it

afterwards. different. >> i think the democrats are anti-me dernty. they're anti-technology, and anti. science. i'm kidding mostly, of course. presidents going back to at least president ronald reagan, going around the news media to get their message. some more effective than others. reagan was effective. bill clinton and the permanent campaign and staying on the campaign trail. they praised the news media. they praise president obama for going to youtube and going to twitter. and he was so modern, he was so dialled into the technology. and now that donald trump is doing it and going around the press, they're upset about it. listen, it is a shortcut to the people. and it is in it's own special way very democratic. when it comes to restraint, i guess one man's ceiling is another man's floor, and donald trump's restraint might not be someone else's restraint, but i would expect that donald trump is going to continue to do this. as he said he's got some 40 million followers between

twitter and facebook. and it's going to be very effective for him in going around the press. >> not having a filtered message is what worked for him. why would he change that? let's look at some of these new poll numbers today. this is a bloomberg poll and they asked the question, do you want donald trump to be less confrontational? 79% say that he should tone it down from the have i tree yol on the campaign trail and that includes of65% of those who did vote for him. and let's roll through the next one as well and get your thoughts on this. in terms of the border walk -- the 57% is with regard to the promises that he made. 57% do not expect him to deport millions of immigrants living in the united states illegally. and 65% say they don't expect him to actually build a wall on the mexican border. chris, let me go to you first on that. those are things when he was challenged on both things during the campaign and people said, well you don't mean a real while or kick everyone out.

he would say yes, i do, big huge wall with a big, beautiful door in the middle, right? >> yeah, yeah, well and the rubber meets the road campaigns versus real politics and governing in washington where a wall becomes a very real and i think tangible thing. listen, but i wouldn't differentiate between fence and wall and some of this nitpicky. i think he'll achieve these goals. president obama said he wanted to close guantanamo bay. he hasn't closed guantanamo bay. he tried and tried, but he hasn't closed guantanamo bay. i would imagine president trump will achieve many of his objectives and some of them, perhaps because of obstructionism and other issues. may not be achieved. surprise, surprise. >> campaign promises. what do you think? >> i think they're just that. i think they're campaign promises. and i think politicians quite frankly, both democrat and republican make promises that some they know they can't keep. i think we had looked at this

and even talked about it here that this is not going to happen. a wall is not going to happen. we couldn't afford to build it, mexico wasn't going to pay for it. we couldn't afford to man it and we've heard ek koes in those sentiments not only from house speaker ryan, but other republicans that no, wall's not going to happen. wall on the entire border is not going to happen. >> i wouldn't go that far. he better yet to worken to because this is essential promise. and that is not one that falls by the boards like some lame, irrelevant promise. this is a big one. >> he's going to have a hard time getting reelected if that's what he wants to do. it's protecting the border. i mean, doesn't matter physically what it is, but you can prove -- >> that's right. >> prove whether or not the boarder is protected and people can't get across unless they do it the right way. >> securing the border. >> it'd be a dig deal. thank you very much. good to see you both. >> thank you, martha. so you can catch president trump donald trump this weekend on the first shows since his

stunning win a month ago. he'll sit down exclusively with chris wallace. what a good pick for an interview on fox news sunday. check your local listings for that. we guarantee we will not miss that. fwhashd very interesting. i think they're going to go on the plane and get a sense of donald trump's life and chris wallace is going to ask him tough questions. stay tuned on sunday for that. in the meantime, pharmaceutical stocks took a tumble today as donald trump took aim at drug prices. taking a look at the markets right now, dow staying above 19,000 and the nasdaq also up. fox business network adam shapiro live on the floor of the new york stock exchange. adam, good afternoon to you. what are the stocks saysing about donald trump? >> wall street is enjoying the trump rally and the ride continues. as far as pharmaceutical stocks, despite the dow being up, reaching another session high today, as well as the s&p 500, they're down. johnson and johnson, all down anywhere from three quarters of

a percent to almost 2% because the president-elect and time magazine was quoted saying he thinks drug prices are too high and he will promise to lower those prices. now, something else that we want you to take a look at. there was, of course, thor can up ifle yesterday over the air force one program. the air force and boeing. and they are negotiating. $4 billion or 3.2 billion depending who you ask. the president-elect said 4 billion is too much. so here's what the president-elect said recently about those negotiations. >> i spoke to a very good man yesterday. the head of boeing, terrific guy, and we're going work it out, but you know, that's what i'm here for. i'm going to negotiate prices. >> reporter: and then finally the announcement yesterday with the ceo from soft bank to invest $50 billion in start-up companies and other companies here in the united states as well as creating 50,000 in jobs.

keep an eye if your stocks are on sprint and t-mobile, soft bank owns 80% of sprint and perhaps merger talks are on their way now that they're making nice with the administration, martha. >> something to watch, adam, thank you very much. so we have a fox news alert for you now. keeping an eye on glendale, arizona, just outside of phoenix. police say that two people have been shot at a walmart there. happened just a few moments ago. so these are early reports. aerial shot as we get no word on suspects or the condition of the victims. at least ten police vehicles are on scene. officials are asking the public o to stay away from that area. and we will get you more on that as we find out what's happening in glendale. more to come. and some terrifying moments at a comedy show caught on video. watch. >> i see a lot of [ bleep ] around here -- >> oh. [ gunshots ]

>> wow. that was bullets flying. the audience hit the floor. the search is on for whoever shot up that bar. we'll tell you where that happened. and also, president-elect donald trump announcing general james mattis as his pick for secretary of defense last evening. lb. will the general be able to fulfill his plan to rebuild the military. marine corps veteran who knows the general. we'll talk to him soon, coming up. >> we're going to have the finest equipment in the world. it's going to be new. it's going to be modern. it's going to be clean. it's going to be the best. that's what we're going to have.

president-elect donald trump laying out proposals to rebuild our military as he officially announced plans to nominate

retired marine corps general james mattis as defense secretary. mr. president trump praised the jury room as a no nonsense leader of great character and integrity. >> that was the way you're supposed to lead it. it was no games. mad dog plays no games, right? >> with our allies strengthened, with our country strengthened, i look forward to being a civilian leader, so long as the congress gives me the waiver and the senate votes to consent. >> tony jones is a retired u.s. marine bomb technician who served in both iraq and afghanistan. he is also the host of blown away with j.j.j., a new podcast starting next week. congratulations on that. good to have you with us. welcome back to the show today. >> thank you, good afternoon. >> so your thoughts on this pick and what he plans to do. what do you think general mattis would do in terms of transformation of the military? >> absolutely. first off, i've had multiple

opportunities to meet general mattis, correspondent with him. i consider him an acquaintance, and his personal discipline in the job he tolds is evidence. he got off the plane at 11:00 p.m. at night from 100 yard in full service uniform to greet us because we respect his positions that much. and although i'm very enthusiastic, i think that his marine corps legacy comes into play in a sense of the decisions he's going to have to make as secretary of defense are going to be tough decisions and won't always be popular with the war fighter. but his career, his legacy, being a marine and a general that points his direction towards war fighter, cares about how they feel in doing their job. i think will carry a lot of credential, a lot of respect and carry them through those lower moral decisions he may have to make. >> it's going to be interesting because there is a waiver that's necessary because he left his position, since he was fired by president obama back in 2013.

you're supposed to be out of the military for seven years to be able to serve in the defense department. so he's looking for a waiver and everybody heard him mention that. it may be part of a stopgap bill that congress would vote on on friday. democrats could push back and say that they're not willing to let it go through that easily. your thoughts on that. >> well, i think there's a large cabinet to fill. and there's a lot of appointments to be approved by the senate. i don't think general james mattis is where the democrats want to start a fight. his record is impeccable. his leadership, everything from the invasion through iraq into afghanistan, he's never failed. and he's won the battles he's been put in charge of. and more than anything, those war fighters at the lowest level respect him. it's instant moral boost. and in a military that's in a really bad place right now as far as how they feel about how they're being treated in their jobs, and the things that are

going on with downsizing and budgetary cuts and things that are affecting them, seemingly erroneously, putting him in that position, democrats -- they don't want that fight, no one does. they'll be other people maybe to block or to worry about. waiver should be the last of their worry in a very large cabinet. >> that's a great point. i mean, it appears that this decision has improved moral in the military from everything that i've been hearing from people in the military -- >> absolutely. >> so to pushback might be a bad move for democrats. we will see. thank you very much. good to see you. so coming up, ethics experts raising concerns about president-elect trump's business empire and top democrats targeting one trump property in particular. what they are calling an egregious conflict and how is all this going to be hammered out? it's going to be tricky. we'll take you there live. 75 years today since the attack on pearl harbor. and moments ago, this was such a

moving, silent ceremony that we watched. remember the greatest generation today, everybody. and think about what happened 75 years ago today.

more information for you now on the breaking news. at least six people were hurt in a shooting at a new jersey bar that erupted in the middle of a comedy show. and it was caught on video. watch this. >> i see a lot of bling around

[ bleep ] -- [ gunshots ] >> unbelievable. bloomfield, new jersey police suggest there was more than one gunman. no witnesses have document forward which is a little odd given the fact that they probably, you know, it's very tight quarters from what we can see. the gunman had a specific target, but did not elaborate on that. and thankfully none of the jury injuries were life threatening. and it is a somber moment today as we pause and reflect republic. veterans remember the faithful date which will live in em famy along with fair families today, and a nation in multiple ceremonies remembering this moment that marked 75 years since that horrific attack on pearl harbor. by the japanese empire that this attack plunged america into world war ii. trace gallagher joins us now with more on that story for us today, hi trace.

>> reporter: hi martha, we had had that moment of silence and the military fly by. maybe the most compelling image of the day was donald stratten. one of only five survivors of the uss arizona saluting as the uss steamed by. we thought we'd give you one more unique perspective on what happened 75 years ago today. watch. i want you to look through the trees over here, not because it's a great view, but it makes a point. the uss arizona memorial. that's what 1,077 sailors and marines lost their lives. we have all seen the images of the burning arizona and heard the horrific tales of the men on board. on december 7, 1941, and 11-year-old girl lived in this house right here. about 150 yards away from where the arizona was burning. she says at the time, none of these trees were here. and that every day she would wave to the sailors as she

walked to school. >> we would say hi to them. yeah, and you saw them every day. you could smile and didn't recognize faces, but you could see faces. and they were friendly and we were friendly. and i ran out the front door, and there was a plane overhead and it wasn't making any sense. and my dad said my god, that's the japans. i was look at the arizona. and black smoke and the flames and the crumbled match. and i saw something that surprised me, there was a brand new flag flying. and it was not where it should have been because where it should have been didn't exist anymore, but it was on a very taunt line. and of course there was no way -- i wondered, well it had to be an amazing man. he got taunt line and strange angle, and a beautiful, red, white, and blue flag flying. i knew we were going to win the war. i knew we had somebody that

amazing, i just -- i never doubted. i just knew. >> reporter: yeah, 86-year-old peg younger, strong woman, we should note finally that in moments, they'll begin reading the more than 2,400 names of the americans who died 75 years ago on this morning. martha. >> she's wonderful. what a great story. trace, thank you very much. so more questions about potential conflicts of interest for president donald trump and his businesses. middle eastern kingdom changing plans to hold events at the new hotel in d.c. that bears his name. how is all of this going to get worked out? plus the stock market reacting as donald trump takes aim at another target. should investors be jumping to action with his every tweet? we will debate when we come back. >> folks who saw a lot of what they felt the u.s. government are more likely to be impressed and moved around by comments by the highest official in the u.s. government, or at least the incoming highest official in the u.s. government.

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fox news alert. a massive manhunt is under way in southern georgia right now. a gunman shot two police officers and killed one of them. police in the city of americus say the suspect is ninge ningel lembrick. responding to a domestic disturbance call in southwestern

state university. one of them, an pd officer was killed in that shooting. a university public safety officer is said to be in very critical condition. the school has been placed on lockdown. as a precaution. horrific, sad tragedy this afternoon in georgia. we're going to continue to stay on it for you. more for you as we get it. so foreign diplomats are flocking to the hotel in washington raising alarms about ties between the administration and the incoming president's business empire. chief national correspondent ed henry live in washington. ed, we hear that business is booming at the trump hoelt behind you which is the old post office and leased it and built a hotel there. we understand it's creating questions about conflicts of interest. do tell. >> reporter: business is booming so much that the embassy is having a hanukkah party here next week. that's not something you would expect or hear every day.

the government of bahrain having an reception here at the hotel today. last night mike pence, the vice president-elect delivered a speech here as well. there's all kinds of people pouring into the hotel behind me on pennsylvania avenue in washington, bringing it business. as you say, raising questions because the washington post ran a story where one asian diplomat told them, why wouldn't i stay at his hotel blocks from the white house so i can tell the president i love your new hotel? isn't it rude to come to his city and say, i am staying at your competitor? there's a problem there's a clause in the constitution that says all government officials can not accept gifts from foreign governments without getting approval from congress. and that's why the government groups say watch out. >> that is one of the frames for this. and we're seeing it with others. they are saying that of course we'll stay at the trump hotel. we're going to go see the president and when we see the president, we want to say, you have a wonderful hotel there. so he's really profiting from

this. and it really creates real conflicts of interest and real appearance of conflict of interest. >> reporter: and i just got a statement from a democratic congressman jim mcgovern saying the government does not have a good human rights record either. and raising questions about that. think about it, donald trump himself raised those kinds of questions about the money that was flowing into the clinton foundation, including, yes, from the government of bahrain. the very government, i mention, that's having that party here behind me today, martha. >> so the president-elect has said that he's having news conference on december 15th. and that they're going to explain how they're going to handle this because it is unprecedented to have someone who is a very successful business person kind of detach himself from his children who are running the entire thing, right? >> right, and that's what the superior court planning to do at news conference december 15th and sort of hand this over to the kids to say there's a fire wall from here and remember what he said on "60 minutes" when he was with one of his daughter's,

ivanka, who said look, governing is so much more important than worrying about a hotel. watch. >> who cares? who cares? this is big league stuff. this is our country, our country's going bad. we're going to save our country. i don't care about hotel occupancy, it'sen peanuts compared to what we're doing. >> reporter: and the other point here is that i've spoken to trump advisors who say look, all of these business ties were front and center. and the american people knew it. the clinton campaign raised it, and donald trump still won. and you can't erase the name trump which is synonymous with his brand that is right behind me, martha. pennsylvania avenue is where that inaugural train will be running in a few weeks. what are the chances that the new president gets out of the limo in front of that hotel. probably pretty good. >> they said they hoped it would be ready for the inauguration, and a lot of people laughed at that statement, but it's exactly what's happening. and they're going to figure out a way to be transparent and work

this out. i think most people think they can do. thanks, ed. we'll see you later. so mr. trump's unpredictable style has raised some concerns in board rooms of corporate america this week. a simple tweet, a statement, sometimes drives stock prices up or down. here he is posing for the cover of time when which he told ahead of the magazine naming person of the year, i'm going to bring down drug prices. i don't like what's happened with drug prices. and pharmaceutical stocks took a tumble. that's the trend. melissa francis, co-host after the bell and charlie gasparino, always breaking news at fox business network as well, good to have you both here. so, it's fascinating to watch what's going on here with the drug stocks, with carrier, with boeing, he rattles folks with a tweet. >> with the mark -- >> and concerns. >> and the market is heading to 20,000. dow, 20,000. huge milestone that could happen

in the next couple of days. and there's only one reason why that's happening, donald trump has come out and said i'm going to cut your taxes dramatically for businesses and individuals and cut regulations. that's the good part. i think there's an economic ideological battle going on in his head. that's the good part. then the bad part is the meddling part. where he's actually doing stuff that president obama did. he's going to pick winners and losers. he is going to snap his fingers and allow drug prices to go down. >> no. >> that's what he said. i'm going to make drug price goes down. boeing, they're charging us 4 billion when they're charging -- >> that's the tax payers. >> no, it's not. >> specific companies. boeing deal, that's a government contract. so he's saying, look, nobody bids. you don't get competing bids on these government contracts. and people need to hold them accountable. >> can i please -- hang on. no, we don't know anything about the groerkss. but we know -- >> he goes with the big numbers. >> so you destroy billions of

dollars -- let me make this point. billions of dollars, on something that you got wrong. >> no. >> think about that. >> that's not what's happening. what he's doing is anyone who's read any book on negotiation at all, let alone his, knows that what he is doing is resetting the negotiation. he is saying, look, in a tweet and public statement, i'm walking away from the table. you have to ask why? i'm not buying at this price. the number has no importance -- excuse me, he's saying there's a new sheriff in town and i'm reading the entire bill. and i am no a pushover with the tax payer money like the last few guys were instead. i'm going to walk away from the table. hang on, with the drug prices, what he's saying is, he knows that the way it works is drug companies dramatically inflate the price of a drug -- >> right. >> and then the sales rep says look, i did such a great job, i got it down this much for this insurance company, it's all bs. he says i'm cutting through the bs. >> reporter: oh come on. >> like at macy's, and suddenly

at christmas, it's half price. we're going to pay the real price. we all saw it with the epipen. >> this is the hypocrisy of the right. and listen, donald trump needs to be applauded for wanting to cut taxes, do stuff, regulations that obama just stroiled this economy with. but the economic hypocrisy of the right is what you're hearing right now. >> foot in -- >> hold on. >> criticized a president obama for picking winners and losers. the coal industry, this one, that one. that's what donald trump is doing right now. why did you just allow the free market to work, deal with obamacare. which will affect drug prices and everything else. deal with that in a free market way. deal with regulations. >> reporter: can i respond? >> don't sit there and say you company bad, i'm going crush your stock price. that's called extortion by the way. >> no, because with slind ra, there was a fake market for a fake product nobody wanted. we were funneling and created jobs with no stainability. when you're talking about carrier, we have a distorted system right now. where it has become cheaper to do business in mexico, even

though that's not the better choice. when off factory in mexico, people like your business here -- hang on. when you have a factfully mexico, there's leakage. a bunch of them aren't good. you don't want to do business there, executives are getting threatened to get kidnapped. you'd rather do business here. the tax and regulation environment here isn't as good. he gets energy keeper -- >> that's right. >> no. they're -- >> he gets taxes down and makes more economic sense -- >> whoa. >> resetting, make sense. >> he's going after individual companies. what he should have said -- >> making an example of one. making an example of one -- >> two. rex and boeing. he's going after them. individual companies and saying if you don't listen to me, i'm going to take down your stock price. instead of saying, here's how i'm going to make the world better for you and stay in this country. by the way, ceo -- >> no, hold on. i think what he's saying is that there are leverage that the government can move in terms of regulations, in terms of cutting taxes. >> right. >> tax incentives to do your

business here. >> why didn't he say that? why doesn't he say that and not attack? >> that's not the headline. >> that's how he extorts a result. >> no, that's how you negotiate. >> if president obama did it -- >> tell me who got extorted. >> because when you. see your stock go down right at the open, like 20% or whatever -- >> and it recovered. >> and it recovered. thank god it recovered, but ceo's hate that. they don't want to be in the headline. >> i think. >> reporter: but you want to know something -- >> that's pressure. >> fair and stick my friend. how you negotiate. >> when president obama did it you called it socialism. >> makes the ceos take notice. some say, they're probably going to take a look at us next. i detect your practices -- no, fascist rewards companies. >> what do you think he's doing? >> out of their own pockets. >> he didn't line any pockets. >> if he did, i want to point it out, but there's evidence of that. >> fascism is using the

government controls to get a desired result. >> keep people's jobs. >> and by the way, which is great. the market work, he -- wait a second -- >> okay. all right. pulling the plug, guys. >> thanks, guys. >> shh, shh, no, it's not. >> come on. >>. sophia vergara is seeking custody of the two embryos. guys, be quiet. yes, embryos. can they launch a lawsuit over this? we will explain. [vo] quickbooks introduces jeanette.

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shepard smith on the fox news desk. president-elect donald trump praising obama for giving him advice and helping him consider candidates for the administration. they have good chemistry he says. we'll talk about that and the other things when the associated press reporter, that's coming up at the top of the hour on

"shepard smith reporting." >> look forward to that, thanks shep. in the meantime, actress sophia vergara slapped with a lawsuit filed by her own frozen embryos. according to to the "new york post," the right to live suit was filed on behalf of two embryos, named emma and isabella. they were fertilized by the actress and her ex-fiance, nick lobe. he wants to bring them to term. she does not. she has moved on and married someone else. johnna spillbor is a former prosecutor and defense attorney. can't make it up, right? >> you can't. >> what's going on here? >> apparently for nick lobe breaking up was hard enough, breaking up with embryos is harder and he doesn't want to let this go. dropped the custod suit against the embryos because he was going to lose that. this one if he in fact is behind it, he will lose too. >> was she fighting to keep custody? >> no, the terms of the

contract. when this type of situation arises, there is a contract that lays out what is to happen with the embryos if certain things occur. in their case, if they do not agree on how to dispose of them or what to do with them. they remain frozen indefinitely. that's what their contract says. probably not an airtight contract, should be, but it's not. so he was fighting for custody after they broke up. she has moved on. he won his custody of the em brae owes, he dropped that suit. in comes now the embryos as plaintiffs which makes that for speaking. >> it is not a human being and does not have all the constitutional rights. so in other words, if sophia vergara implanted them, and decided not to come -- not to take a pregnancy to term, she would have -- >> let me ask you this, there

have been cases, correct me if i'm wrong, where a person was murdered, like in lacey peterson's case, she was carrying a baby and then it was a double murder, right? >> that is a great point. that point because lacey was almost i think eight months pregnant at the time, the court declared that that was a -- could have been a viable human being which raises another interesting point because the basis for the lawsuit is that these two embryos will not now have the benefit of a trust account that apparently is already seat up for them, even though they are frozen. >> so for money. >> basically, exactly. >> and where does that end? can the private school that they would go through, can they sue for not getting the tuition now that these -- it's a slippery slope, and it doesn't make any legal sense. and for that reason, i think this lawsuit's going to be very short lived. >> now nick lobe, this morning said that he's not involved with this case. so, riddle me that. >> when you think it can't get any stranger, right? he's not the one behind it.

and i'm inclined to believe him because from what i read, the lawsuit was filed in louisiana. nobody lives in louisiana. the facility's not in louisiana. the embryos are not in louisiana. nobody's shipping them, but apparently louisiana says, does confer some sort of constitutional right upon unborn embryos, obviously. and that's probably why they've picked that jurisdiction. who has standing? >> and this issue could go to the supreme court which is -- >> i think it has to. i think at this point it has to. >> johnna, thank you. >> good to see you. they have to give back enlistment bonuses. now lawmakers are taking action. mom's got this cold. hashtag stuffy nose. hashtag no sleep. hashtag mouthbreather. just put on a breathe right strip. it instantly opens your nose up to 38% more than cold medicine alone. shut your mouth and

say goodnight mouthbreathers. breathe right. tand the alzheimer'sf association is going to make it happen. but we won't get there without you. visit alz.org to join the fight.

a hearing underway on capitol hill after some guard veterans with told they had to pay back enlistment bonuses improperly ten years ago when they went after this money. it has caused people on both sides to take action. shannon? >> reporter: well about 10,000 national guard troops, most based in california, gotten listment bonuses. as high as $15,000 at a time the military really needed them. it had to beef up the ranks. somewhere along the lines the millions in bonuses were deemed inappropriately award asked they were told they would have to pay them back. they are hearing the hearing on capitol hill and they began demanding answers about how this could have happened. just days ago it was revealed the spent working to forgive

most of the debts owed but not in cases where the soldiers should have known that he or she was ineligible to get it. lawmaker are helping to speed up the confusion. the house has already approved a bill that does contain a specific provision for this. it may not answer the question about what happens to roughly 1,500 troop who's actually refade bonus. in part or in full. and no one seems to know for sure. colonel peter cross called it a complex problem. quote, it will take some precise language and studying of the issue to make everybody whole again. one person pleaded guilty to filing more than $15 million in falls claims and was sentenced to 30 months in jail. she said she was pressured to make the payouts in order to at least in part keep up with recruiting efforts. at leaf 31 people were

reprimanded in question, this scandal that several others forced to retire. so it started out as a trip to the store to grab a few things and ended up getting some people's goats. this man had to seek shelter in his car. what else would he do?

shoppers in ireland. this goat forced the staff and others to take shelter in their cars. it all came to an end when the goat's owner showed up. dragged him by the horns and took him home. what else do you do with a runaway goat? and we have a dispute on capitol hill. the disagreement? we argue about this at my house. cheese dip?

the winner, arkansas. much to the dismay of ted cruz, he had a good excuse for not showing up. his wife was in labor. i'll see you tonight at 9:00. it's noon on the west coast, 3:00 here on the east coast. the pick for secretary of state will be known next week and mitt romney is still in the mix but the president-elect showing signs of coming together with democrats. for instance, today meeting with the chicago mayor rahm emanuel. and after trump blasted president obama. and pearl harbor 75 years ago today. the attack that changed our nation and pushed us into world war ii. my father remembers. let's get to it.