interview since winning election. check the listing to find it on fox station. fnc at 2:00 and 10:00 p.m. eastern. so good to have you today, judge. cooking along on foxnews.com/outnumbered. click on the "overtime" tab and the live chat. and we start with a fox news alert. 8.0 earthquake hit right near new guinea and australia and widespread hazardous tsunami waves are possible. we'll have more on this developing story as we get it. now this fox news çalert. deadly pile up on the interstate in michigan. three people killed and many more hurt. >> it was a pile up between detroit and lansing. the wreck involveded 40 vehicles. we are covering all of the news "happening now". awaiting more decisions as

the president-elect focuses on filling in the cabinet. and a who takes over homeland security. and heart disease spiking in our country. what is behind the rise? it is all "happening now". >> but we begin with another chair expected to be filled in president-elect's cabbie net. he's settled on a labor secretary nominee. i am jon scott. >> they are coming in quick succession. mr. trump traveling to ohio state university where he will meet with victim and first responders in last week's alleged terrorist attack. first, the wall street journal quoted sources that mr. trump is expected to nominate head of cke

restaurantses for labor restaurantses. and david lee is live in trump tower. >> reporter: fox news confirmed that mr. trump is calling for andrew puzder as labor secretary. he has a company, the company he chair and control system hardee's fast-food restaurant and carl's junior. he called for repoling obama care and lowering the corporate federal tax and against raising the federal minimum wage over $9 an hour. democrats are calling for a $15 an hour minimum wage. he said hiking the minimum wage will lead to higher prices and more automation and the ones hurt will be the lowest paid

employees. and the search this hour continues for the next secretary of state. a now hours ago he met with a retired admiral who is a dean at the school. hillary clinton considered admiral star tht din i as a running mate. following his meeting, he described the discussions with the president-elect. >> we had a wonderful meeting with the president-elect. we talked about the world and defense and our state of our military. and we talked about the cyber secretary and over all. i found it to be a very interesting and a very informed conversation on the part of the president-elect. >> reporter: as trumpç searche for the next secretary of state, we know his choice to head up the epa. it is scott pruitt who is

a long- time opponent for the epa policy and he is oklahoma attorney general. he has sued the epa. and said that states should have more control on the regulations that are determined by the federal government. bernie sanders speaking about that nominee said that pruitt is a climate change denier and aligned too close to the fossil fuel industry. lastly donald trump named the head of the wwe, linda mcmahonco-founder of the wwe to be be head of the small business administration. you might remember her, she run twice unsuccessfully on the senate. i should say donald trump is in the wwe hall of fame and that jenna, is a distinction held by any other president or president-elect. >> fun facts that we v can use

to impress our friends. very interesting, david, we haven't heard that yet. >> reporter: little trivia? >> good trivia. >> some get mount rushmore and others get the hall of fame. and chris stireh wal. donald trump is described as a bull in a china shop. and andrew puzner selection what does that suggest. >> all of the blood will drain out of every labor union in america. it is a provocative way for trump. you are taking a guy not only from management of a major corporation but the labor intensive operation which is fast-food to feed people. this is the front line over the

battle of minimum wage increases. this is the front line in terms of labor regulations and will it be easier or harder to unionize. this is a provocative state that said this is open for business president see. >> we talked this morning about the number of critics who said he's choosing too many military for hiss cab be net; what dew think about that? >> obviously the choice of james mattis got bipartisan support and well respected. and moving in former general kelly in the department of homeland security and two of throw with michael flynn national security adviser. we now see trump weighing the question of another military officer for secretary of state. we've heard about certainly

general petraeus, but there are others in the offing. and we heard that trump likes businessmen for secretary of state. allen malolu. could he be the ambassador for american business for around the world. trump seems to be two minds. point of the sword or tip of the spear or america's salesmen. the new york times had had a piece out with with the pledges that trump gachlt coping the gk, growth to four percent a year. we are somewhere around two percent. we looked at ronald reagan, he came in to office with a rougher

situation than donald trump. federal funds rate was 19 percent at the time. he dropped it to nine bite end of his administration. unemployment 7.5 to 5.4. and gd. 2.6. and 1992 negative nine percent. and pretty awful. 4.6. and 7.6 and 3.5 until '88. ronald reagan couldn't do it and why not donald trump? >> ronald reagan was trying to shift out of reverse in to first grooer gore without dropping the trangz mission. and the carl stalled out. he enhirherted a recession. and then reagan's policy took

hold and that came back. job growth has been there and wage growth, slight as it may have been is. there trump's job, is to take that tinneder and turn it into a brushfire. how do you turn small growth in a ranging file of growth. and his approach to it, he want to. >> we'll see. >> thanks. >> you bet. >> fox news alert from georgia, the manhunt for a cop killer is now over. the man who was accused of killing one person and wounding another. is now day.

he was wanted in the shooting outside of a rarment campus office jodieç smith was crit ae loll's kroubed. >> president a weshgs while some of his selections are met with criticism. plus a blizzard leaving rez kent resturanteding those in the home and it is 30 years in education and i never seen two snow days used before the 10th of december.

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>> a fox news alert from michigan, three people are are dead following a 40 car pile up.

the crash took place near the town of fallerville. and emergency crews are trying to get to people trapped in their cars. smoke and ice to blame. and in north dakota a wintery blast forcing schools to close and more snow is expected in that region as another system moves on shore. that is expected to go to the northern plain and midwest over the weekend. after several high profile military nominations, they are geting this kind of reaction. a military plot to over throw the president. and one person close to the trump transition. it is looking like seven days in may. and then an article that the

military appointmentes will hurt our democracy. it is historically been followed by broader democratic failure; we are all vulnerable to a military take over. that's what the piece saidment joins me, what you become >> the people who served for obama or bill clinton. and mr. trump's inclination runs counter to the credo of civilian control of the military. no it doesn't. all of these people are retired military. you can argue if the generals have the right skill set to

manage a bureaucracy. and i wonder, general. you are made it a high record. you hear the artic and he will think it can't be no, it is. this is the piece in the washington post. 240 years, the u.s. military had never attempted a coup. but long-standing norms can change. the incoming administration pledged to throw out many. two nomination for cabinet could lead to a military. that that is the trend. i don't understand the editorian>> this is when >> it is not like tomorrower are not a ponment you he was

secretary of state and a former military guy and did well for himself in government service. i can't imagine an artiglement >> and it is terrible. and a by employer who have other jobs in the mrgdz and once in the misdemeanor and see it bad helping to have on >> i don't mows andy want vowers to know that i will cover any story without bias. you don't have a license to practice journalism. and all we have is our inti gritty. and it is up to the viewers then. it comes up with a lot of big

stories. when we are most afraid and wonder figure they crash in building and if the electricity is out and wondering when it come cans on and worrying about terrorist, will we look for more men in suits or uniform. i don't have to share my opinion on that. but any journalist should ask themselves that. the same journalist are winning prizes for covering stories that i just mentioned. >> look. we are talking about department of homeland security and intelligence and pentagon job and so forth. it seems to me having military experience and commanded a large force or fought in a war would be a asset and not something to worry about it. >> it is fair to say and more

intervention around the world. retired generals may have a different idea. and there could be a coup and sieve yilian report and sounds alarmest. >> i can see the recommentrician. er people in the ep i know that. i share the same bases and trotype it is in the military. there is those that are kofrn neglect and if are in the this may be one of the topics. >> after our conversation i will it will be am initialings >> a student alleges that the school did nothing to stop a sexual predator.

what the administration is saying in response. another positive day on wall street thus far. what is keeping the rally going today? see me. see me. don't stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections and lowered ability to fight them may occur... ...tell your doctor if you have an infection or symptoms... ...such as fever, sweats, chills, muscle aches or cough. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me.

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an earthquake hit near australia and new begin. tsunami watch is also been issueded for hawaiian islands. there was a smaller quake that hit over the coast of northern upon california today. we are keeping all of the developing story today and as we

get information. wall street is seeing more green arrows today. the dow hit a record high fuelled by gains in financial and tech stocks. it is up 78 points at this moment. sears said they may shut down underperforming stores. they posted a 750 million loss in the third quarter as sales in revenue continue to slide in sears. this is a fascinating legal case. stanford university is facing new skrutine over the handling of assault case cans. she said they knowingly allowed a sexual predator on campus. you know this sformer stanford student brock turner was

convicted of sexual assaulting an unconscious woman. he had six days in jail. and a lot of how campuses handle. this is separate and different. what are the allegations in this case? >> pretty horrifying if truchlt a student raped and threatened to kill four students. she said that stanford knew about it and failed to investigate the case and failed to protect the students from the predator. the university was indifferent and discouraged her from bringing a criminal case and blamed her for appearing sexually available and so she's suing urched the title nine. the university said we acted property. >> we'll go to back to toilets

nine. how is that a civil right's issue? >> because you are denying equal access to education and that is prohibited and based on gender and request other protected class. stanford treat her differently because she was a woman and they gave deverance to the male student. that is denying my equal rights to an education. that's provided by stanford and other universities under title nine. i wrote about this extensively. 20 percent of the female college students report that they have been sexual assaulted and that may be underreported and 20 percent of the college and universitieses fail to investigate sexual assault. >> you do think she has a case? >> i do think so.

they gave this guy two bachelor degrees and put her on academic probation because she is struggling with the trauma. meanwhile, we have ohio governor kasich facing a decision on the country's restrictive abortion law. state house and senate passed the heart beat bill. banning abortion from the time a feat heart beat is detected. one of the kweps we are seeing the headlines on this. how did this law compared to other laws in the states. >> this is most restrictive. 43 states have restrictions on time and phase of fetal development. and some prohibit when the doctor determines the fetus is viable. here in ohio, they are placing viability on six week and that's

when you generally hear a heart beat. the aclu vowed to file a lawsuit and it is unconstitutional with the trips pels of roe versus wade. >> a federal judge knocked the judge out and claiming it was constitutional and the supreme court refused to hear it. that meant the story stood. >> we are coming out of an election cycle and there was a moment in the debate. they were answering questions on abortion and donald trump had to this is a. i am pro-life and appointing pro-life judges. i would think that would go back. >> if they overturned it will go back to the states. >> what i want to say. do you want to see the court

over turn roe v wade. >> if we put 2 or 3 justices on and that will happen automatically in my opinion because i put pro-life justices on the court. it will go back to the state and then the states will make a determination. >> that was a back story for the state. and does the move and timing suggest a reaction to what is to come from the supreme court? >> it appears to be. here's why. the ohio senate considered the same bill before the election and never passed it. now the senate president in ohio said a president trump and new supreme court justices. change the dynamic. those are had his words. replacing justice scalia would not change anything. kennedy denneds to side with the liberal justices on abortion cases. but if any one of them were to

leave the high court, you are talking about a different equation here. you might have a majority that would uphold severely restrictive abortion cases and who knows, the supreme court could overturn roe verse wade. it is a reaction to president trump and what he said on the debate and campaign trail. >> we'll see what john kasich does from here on. john? >> president-elect trump is about to meet with victims and first responders in the ohio state university. where a somali immigrant ran his car in a crowd and stabbed people before he was shot bee a quick think thinking police officer. >> and controversy over the president-elect's peek on the environmental protection agency. others say he will be the voice

of reason that the epa needs. a fair and balanced debate ahead.

>> president, length trump and mike pence are holding a thank you tour. but first he will stop in ohio to the victims of the ohio.

>> reporter: that attack is fresh on the minds of people here. they are recovering mentally. and here on campus that day. he was hit and at his home recovering from a substantial wound. president-elect donald trump is expected to visit around 3:00 & the student drove a car through a crowd here on campus and got out and started stabbing people. >> and they are hailed as a hero. they hand picked all of the victim and first responders he wants to meet with. they will not confirm if that officer is meeting with trump today. there was controversy when trump

tweeted out. isis is taking credit for the terrible stabbing by a somalian refugee that should not have been in our country. the professor was invited to meet with trump and will not be. and students are taking a look. >> in the light of the initial remarks that the president-elect made about the event. i was a little discouraged. >> regardless of your decision on the policy and wills what he will do for the country. it is good he's coming out and supporting the victims and people who are here for that >> he will go to iowa for the phase of the thank you tour.

>> we'll watch that as well. thank you very much. >> >> there are new concerns about the president-elect pick. and they spent much of their time as oklahoma attorney general. and this is amidst fears that he could count arer the efforts on climate age. joining us now is a hillary clinton supporter. and a lisa both with the washington examiner and a fox news examiner as well. >> malcolm, you don't think much to be head of the ewa. >> this is probably be one of the most dangerous picks that the president-elect has made so far. the epan is called the environmental protection agency

and putting in charge a person that we are trying to protect against. getting rid of all rule and regulations that we need to keep our country safe and start thinking about what is the moral issue of our time. and that is making sure we have a planet that it we leave to our kids and grandkids. we know that climate change is real. scott pruitt is a climate change denier and this is a bad pattern. he is putting foxes in charge of the henhouse and protector of the hen. we have a secretary coming in that shouldn't be in charge of a federal agency. >> let's focus on the epa. that is what this segment is about. lisa your response. >> all i heard was a bunch of demagogue row. they can't handle the issues.

the attorney general believes in following the laws of the land and not letting the epa go unchecked and that's what is happening under president obama. president obama could not get his bill passed in congress and he used the epa to rewrite the clean air act law and push forward. it is being blocked by the supreme court and challenged due to the fact it is unconstitutional. and all they want to do is focus on the rules and not use the epa to rewrite laws. and that's what we should want president-elect trump to do and that's what president-elect trump promised to do to reign in the power of the epa. >> no one wants to go back to it the 1970s when the epa was founded by richard nixon and there was terrible pollution

rain in the country, but the accusations is that you know, especially farmers, if you have a small pond on your land all of the sudden, the epa regulates that and they have skrelched job and development in the progress. >> if we want a conversation about p what the epa should or not do. that is putting someone in charge of the agency that does not believe in basic science. i heard lisa talking about demagoguery and it is people like lisa that want to talk about cap and trade and bring in buzzwords. that's not what it is about at all. this is scott pruitt that doesn't believe in basic science that doesn't believe that the world is getting warmer. the paris climate agreement was a step forward. >> and it circumvents congress

to do that. >> no, he didn't. >> we have to make sure we have a earth and don't continue to be. >> but jon, the problem here. but jon. >> we are seeing floods. but jon, the problem, >> hold on. >> all right. we got that from you. malcon. lisa final thought. >> the problem is president obama put the climate change and radical left wing general. i listened to you go on. and president obama did that and put that ahead of the american worker and jobs. and building the economy. and what is going to happen under president-elect trump. you will see things like the keystone pipeline which will have little impact on the climate. president obama roped off 87 percent of the available land.

that will go away. >> we are hang on, hang on. >> and americans will get back to work. >> hold on, another time. we'll have you both on another time. not even confirmed yet. thank you. >> thank you. >> and a new study for the centers of disease control. and what is causing this. and president-elect nominating john kelly. we'll look at the general's career.

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>> fox news alert and a bit of good news for hawaii after a earthquake hit off of the solomon island and aususa. widespread hazardous tsunami waves are possible especially in

danger are pacific ocean island nations. but the tsunami watch was cancelled for all of the hawaii islands and no tsunami threat to the state of hawaii. it is a developing story. more as we get it. >> first time life expectanciy for americans is declining. scientist believe it is it a wide range of health problems are to blame. and one of them is the issue of heart disease. we have the doctor, here is the headline. nation's death rate rises as progress against heart disease stalls. just looking for your personal experience as a heart doctor. have you noticed a stall in really progress when it comes to heart disease? >> no, i think we continue to make progress every day new treatment and therapies but the

problem is oboes people. it puts you at risk for high blood pressure and diabetes and heart disease. >> and 1969 >> and we pinpointed the issues and a couple of years ago, that decloin reversed itself. that slight reversal is because of obesity. >> i think so. last year we spill 150 billion, that is a b on obese- related illness. we'll see not only one in three americans be oboes but 50 percent in the next decade. we have to work on this as a nation. >> why is that? 20 years ago, what we thought of nutrition and cashes and protein was different and we have more information. why are we not better off.

>> the problem with health care in the u.s., we focus on treatment and so little on prevention. that is where the affordable care act failed. we can better educate our patient and eat better. one in three kids are oboes. we have to set better examples for our children. >> that is an interesting fact. >> something else that is related to it heart disease and i am curious your opinion as a medical professional, doctor, there was death rates in white middle age. suicide, drug over dose and alcohol abuse and chronic liver diseases and all i see there is sadness. there's something more going on than just eating badly. what is your read on that and why that is happening? >> there is a lot of hopelessness in the country and

opyoid addiction is huge. that is a huge cause of death. accidental overdose and suicide amongst teen and children. we have to give our kids hope again and i hope with the new administration we do that and make people feel good and support is our children and support our senior and make sure everybody feels like they have a fighting chance. >> i thought there were crossc cross over themes in that. old age mortality rate hasn't changed but those dying in middle age. where is the underlying issues. thank you so much. >> thank you you, and have a great holiday. >> you, too it. >> president-elect trump nominates general john kelly. he served three tours in iraq and the retired war hero is remembered for a heart breaking sacrifice.

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hello, everyone, i'm melissa francis. president-elect trump making more cabinet level picks today. who is in the latest round? and is trump like lady gaga. i will debate that one. it could get heated if you saw yesterday. crazy cold weather coming your way. just maybe it could be the first polar vortex of the season hitting the country coming up on america's news headquarters. >> president-elect trump tapped another general for his cabinet. john kelly has been vocal on many key issues including the closure of guantanamo bay.

but the battle hardened veteran also suffered a heartbreaking loss. >> president-elect trump is assembling a band of brothers rather than a team of rivals which was obama's model for his cabinet. three marines, all close friends, will be leading homeland and general security. he delivered the nice that general kelly's son has been killed. general kelly said when he saw his old friend at the door, he knew immediately his son was dead. the highest ranking military officer to have a child killed in combat. >> i think the one thing they would ask is that the cause for which their son or daughter fell be carried through to a

successful end, whatever that means, as opposed to "this is getting too costly or too much of a pain in the ass and let's walk away." that's when they might start thinking it maybe wasn't worth it. >> his last job before retiring was the head of u.s. southern command responsible for gitmo and border security and assisting in drug interdiction. he was the working for robert gates and he has been advising jeh johnson in recent months. there is no under estimating the bond these two marines feel for each other. >> obviously he felt the pain of combat very, very deeply. thank you very much, jennifer

griffin at the pentagon. a very special museum exhibit involving the royal family and pretty tacky holiday sweaters. why it is all for a good cause, the final 30.

time for our final 30, do you ever wonder how the british royal parter would look if they through a tacky christmas sweater party? even some of the corgies got in on it. and do you have one of those christmas sweaters? >> i don't think i have one quite that tacky, but --

>> i think we can muster up something here in studio please please plea. >> america's news headquarters starts right now. . >> we are waiting to see if the trump transition team announces another cabinet position here today. >> plekt trump holding at least three high level petings today at trump tower. he will visit with victims and first first responders before going to iowa for the next leg of his victory tour. ivanka trump may be following in her father's footsteps by stepping away from the business. peter is joining us live from democrat where the