she was off to celebrate her birthday when someone broke into her mom's van and stole the presents. then cops showed up with a trunk full of presents. thapgs for joining us. it's noon on the west coast, 3:00 on the east coast, 9:00 p.m. in berlin, where investigators say they released their suspect on an attack in a christmas market. now, the race to find responsible before they strike again. we'll take you live to germany's capital city. within hours of the attack, cities around the world across america began to respond plus, an american woman, the taliban is held hostage for years now appearing in a new video and in her husband's arms, the children they had in captivity. today, detailing their horrifying ordeal and desperate request.

let's get to it. and first from the fox news desk, the islamic state is claiming responsibility for the attack on the christmas market that happened yesterday in berlin. that's according to the site intelligence group which quotes the terror network's agency that as the search continues for the driver who plowed a truck through the crowd, killing at least 12 people and injurying about 50 others. that was breaking about this time yesterday and after the attack, cops say the passenger in the truck, they found dead and arrested one other person. they say he was from pakistan and claim he had nothing to do with the attack. just a kouchl hours ago, prosecutors say they released him due to a welcome of evidence. they report his dna was not in the truck. more on the investigation in just a moment, but i want to show you where this happened. this is the historic tourist spot memorial church and right

on the plaza in front, that's where the truck stoppeded after coming up this avenue here at about 40 miles an hour according to witnesses. crashed here and stopped. right along buder street. this is the site of the whole christmas market. all of this sort of shaded area here and you can see the christmas tents out and about. i mentioned police say they found a dead passenger inside the truck. gators say he was a polish citizen an the cousin of the man who owned the trucking company. police say somebody stabbed that passenger and shot him to death. cops figure it was a carjacking. his cousin said the man put up a fight. >> it was clearly seen on the photo. it was really clear that he was fig for h hi life. his face was swoel bloodied. >> police say they have not found a gun and are not sure how many were involved. let's get to rich with reaction to the u.s. state department, first greg, live in berlin.

what more do we know about the investigation? >> shep, 24 hours ago, the scene pe hind me was one of carnage this is where the truck smashed into people. now, it is on police lockdown because as you noted, the police are now back to square one when it comes to looking for the suspect in this terror attack. they admit that they have eyewitness connections between this scene and where they nabbed this 23-year-old pakistani. they admit they had no forensic tieing him to this scene, so now, according to the police chief of berlin tonight, all of the city is vigilant, they are looking for a mass murderer, one so cold-blooded he turn ed off his headlights as he smashed his truck into this christmas market, that he drove his truck at full cargo load, 2500 trucks

smashing into human bodies, killing injuring dozens. the man hunt is definitely on. >> the germen german chancellor angela merkel spoke. >> she is on the hot seat now. it was her policy last year that allowed 890,000 refugees and immigrants into this country. she has been accused of being in security to this country. today, she said it would be very sad if in fact a refugee was involved in this incident. it could very well be that way. she also said that she hoped that germans could go on living freely. in freedom, despite this attack. but tonight, others are saying that she is in part responsible or could be that she is in fact at the middle of this investigation and that's why she's looking so hard and the

information that is you noted, isis could be taken responsibility can't be happy news for her. >> the coverage continues. rich at our state department, how are officials acting there today? >> officials defending u.s. policy against claims particularly from republicans thnited states has withdrawn from the middle east, created a power vacuum and therefore, allowed extremism to flourish. state department officials are saying that is not the case and in fact, quite the opposite is true. >> the notion out there that u.s. leadership and insolence is waning is simply not supported. i don't just mean in the middle east, i mean around the world. not supported be by the facts. we are more engaged, more involved. and our leadership is more sought after now than ever before. >> state department says it has no knowledge of any u.s. citizens who were armed or killed in last night's attack in berlin. state department put out a notice last month claiming that

americans should exercise caution at holiday festival, ooents and outdoor markets. officials say they had no prior knowledge or intelligence that something like this would happen, just cautionary measure coming up on the holiday season. >> secretary of state kerry spoke to the russian foreign n minister about the attack in turkey. what do you know of that? >> the secretary of state did call his counterpart sergey lavrov and offered condolences and any type of u.s. assistance that we could offer them. also, officials here are defending the u.s. and responding to claims that perhaps a u.s. based muslim clerk living in pennsylvania may be responsible for this assassination. turkey wants this man extradited. they say he was behind cue attempt in the summer. john kirby say any notion na the u.s. was behind this assassination or involved is ridiculous. >> rich at the state department. thank you. more now on the deadly truck attack in germany.

let's turn to mike barrett. also a former intelligence officer for the office of the secretary of defense and former director of strategy for white house homeland security council. i'm most surprised, has something like this happened in new york city or london or paris, there are 1,000 cameras that can give us images of whoever did this. they have nothing. >> you're right. that was the first point i was going to bring up. if you think about what happened in lonened, they have a ring of steel they call it and they've got cameras everywhere. everything from when you get a ticket to get on the expressway to a whole just blanket surveillance and that's they're able to pull images so quickly. you've got to assume that's what the german police trying to do now, is get the film from the truck stop where they filled up with gas, where this person may potentially have started to try to hijack is truck, but it's seemed like it's it's taken an inordinate ant op time to pull

that imagery. >> 24 hours later, they believe they don't have much of anything. i would guess that raises concerns of something like this happening again by the same guy. >> yeah, absolutely. by the same gim, by inspired people. by copy cat attacks. we've seen that. everybody thinks back to paris. we had the big attack, then the guy with the machete who tried to kill people in the store. these things tend to inspire, there's a lot of legitimate concern and frankly throughout europe. these christmas markets are very open targets. and there's not a not a lot that you can do in terms of increased police presence to stop it because there's so many access points. >> i was talking to some folks from the nypd saying similar thing, that if you don't have some barrier, those large sort of in new york city, you might see concrete filled barriers around this sort of thing, but catching them is is easier than stopping them.

which is disconcerting. >> it is, but i think that frankly, that's a large part of the solution set here is to minimize the impact of every single event. that means having civilians an ohs who are trained as a volunteer force of o emergency responders, people knowing cpr, people who can render aid to drive down kovs each incident. we're learning they'll always seek out the soft target. we spend untold ridiculous amounts of money to protect airports, but what are we doing for public spaces? you saw in europe last year where they attacks the concert halls. people are going to gather. that's part of human nature. therefore, they're going to be a target under the isis and al qaeda threat, so we have to find other wa ways to do this. part of this has to do with surveillance. collecting the information an another part has to do with the better response. >> it feels like one of the challenges ahead on us today is learn hough to deal with this sort of thing without the population becoming all freaked out.

it seems like that's one of the challenges for our leaders and the new leadership coming to washington. to teach us how to realize this sort of thing is going to happen and we need to be better at dealing with it. >> i feel the outstanding administration underemphasized it. you almost never seen the homeland security secretary on tv. all indication rs that the incoming administration is going to hype it and keep it front and center. i we have to learn how to treat, but it's a marathon. it's a generational conflict. that means it's going to be 20 or 30 years long. we're about 20 years in. >> thank you. just ahead, the president-elect donald trump on the attack in berlin. and his foreign policy headaches from russia to syria and beyond. plus, nearing a milestone wall and broad. as neil would say.

we're about what, 53, 54 point was way from dow 20,000, so what will happen? santa's will fly and numbers will rain and we have a fantastic graphic for your christmas pleasure. should it it 20,000, you're going to want to be here because man, that dprask department is working double time for the holidays. hang on.

several died in the fire fight chlgt the report did not give too in specific detail, but police say the raid was not connected to the attacks over the weekend in the same area in central jordan. on sunday, gunmen killed ten in a series of ambushes before a stand off with security forces. investigators say they tilled four gunmen after that stand off and isis took responsibility for sunday's attacks. president-elect trump blaming islamic terrorists for a series of killings yesterday in turkey and germany. en even though investigator have not determined a motive. trump leased a statement that reads isis and other islamist

terrorists continuely slaughter christians in their communities as part of global jihad. these terrorists and their networks must be eradicated from a face of the earth. a mission we will carry out with all freedom loving partners. it's unclear how he plans to do that, how hery aryoed a t if con claugs, but he'll have his hands full for foreign policy issues next month o. let's bripg in kimberly. does he know something he doesn't know or just talking out his twitter? >> still remains to be b seen we know he's surrounded himself with generals whom he trusts very much, including michael flynn, his national security adviser in waiting for the next administration and we know that general flynn has some very distint thoughts about islam

radical islam. republicans had been pressing president obama to name the enemy. >> they're into semantic, but none u of the ones on capitol hill in our congress are willing to step forward and do the only right thing to do and that is take a stand on behalf of the people. they will not do it. where is your representative? they talk and they talk and they talk and get into their chambers in congress and do do a damn thing. i don't understand why the people don't hold him accountable. >> it's look, this is the how to solve radical terrorism is something that no one has found a solution to yet. but we know and certainly, the national, the security folks who i talk to says this requires a coalition of allies to work together in order to get to the root of these problems and root it out and one problem with talking about islam and framing this fight as donald trump did as basically a fight between islam and christianity, is that

it really turns off a lot of the muslim countries that the united states needs as allies in this fight and it also plays right into the rhetoric of isis and recruitment, but this is a western attack on islam that they have to fight back against. >> that's what they want it to be. they say it in their literature, in their inspire magazine, in their gore videos that they put out. they want this, they want us to frame this as a religious war and they're pulting people in this country for reasons well beyond me, want to do exactly that. it's what they want. why would you play into their hands? it's senseless. >> that's what security officials tell mel all the time. that this is precisely the kind of thing also feeds recruitment. even folks, people we've seen radicalized online here in the united states, so it can be very dangerous. >> well, trump strategy says it will be bombing the hell out of

them ab that's a quote. he has a lot of challenges around the world. i don't remember a time in 30 year of reporting where there were more things on our leader and future leader's plate. sfwl this is true and certainly, the fight against terrorism is a key point. one thing is that as i said, he are relies on his general. he is general james mattis coming in. he is somebody who has bipartisan support. lot of democrats praise him, as well as republicans for being very thoughtful, very pragmatic. as we know, he talked down donald trump on the issue of water boarding, for example. donald trump expected thoim embrace that and he department. some folks are thinking programs he can be sort of a moderating force in the trump administration when it comes to time when we're facing so many threats. zpl have you and your colleagues been given an indication of when

we might get specific policy initiatives on these matters? >> not specifically yet. donald trump and his team have said they're going to be rolling out more policy as we go forward. he outside of the big speech he gave at courier and some of the speeches around the country, which are just requounting his best election night moments fran frankly, we don't know. i understand they're still putting a lot of that together. they're talking to folks at the pentagon an elsewhere to put that together, so hopefully, we'll get more details on that, too. >> have a great holiday. nice to see you. >> you, too, shep. >> president-elect trump and become are at it again. this time, it apparently started when former president clinton talked to his local newspaper. now, donald trump is tweeting. that's next.

former president bill clinton firing off the latest tweet in a back and forth between himself and donald trump. tweeting just this afternoon, here's one thing donald trump and i can agree on. i called him after the election. earlier this month, a newspaper reported the former president said trump called him the day after the election. he said the president-elect acted just like he used to back when they were friends, but according to the paper, president clinton said that the president-elect doesn't know much. this morpg, trump tweeted the following -- this all comes as trump continues his transition, meeting at his home in florida

where he's spending the holidays. do we know which cabinet position the president-elect is working on today? >> he's got the ceo of the cleveland clinic coming this afternoon. dr. toby cosgrove, who transition officials are telling us is under consideration for veterans affairs sec b tear, which they say has been one of the hardest positions for the president-elect to fill. so other guests are luis -- ceo of iq management, specializes in military health care and -- who once worked in the small business administration under president bush and was on trump's hispanic advisory council during the campaign. >> what do we know about his plans to announce the remaining pos posts? >> officials said this morning that we could get an announcement about a cabinet secretary or staff level

position from mar-a-lago at some point in the next few weeks. there are two left to fill. va and agricultural, then a pair of cabinet level. u.s. trade rep and director of national intelligence. the team also notes that inauguration day is rapidly approaching. they give a countdown until january 20th ef day. today is 31. one key part of the trump team is going to go with him to d.c. kellyanne conway, the final campaign manager for mr. trump, over the last few months, said this morning she is going to move her family down to washington, d.c. she's obviously a critical part of the team. or has been for the last few months. she just doesn't know if she wants to work in the west wing or run what she calls the political superstructure outside the gates. >> peter, nice to see you and thank you. people in germany gathering today to pay tribute to the victims of yesterday's massacre

at a christmas marketful we'll talk to a rt rohher in berlin. plus, police here in the united states on high alert as they step up security at holiday shops across the nation. we'll live to chicago just ahe.

michigan's attorney general is filing charges against four more people in flint, michigan's water investigation. two are former state apointed mrnl managers. the ag called the crisis one of arrogant and disdain. nine others already charged. this is newly releaseded camera video showing the moment a car slammed into a police cruiser. cops in ohio, south of akron, report a woman told them she did it on purpose. she also hit another car next to

the cruiser. the officer and somebody in the backseat were hurt and the two time wimbledon champion petra suffered a serious hand injury after fighting somebody who got into her home with a knife. it happened in her apartment in the czech republic. they posed as a boiler inspector to get in. >> washington is out of control. debt's out of control. nothing in that story is going to change. so you have to. >> increasing an average of 2.4 billion every day. >> this is an unsustainable practice. it's going to end. but when it does, it ends rapidly.

this is an attack on our freedom and lives. that from the mayor of berlin as they hold services to remember the people who died. 12 people died. nearly 50 others hurt when a truck plowed flu a koud outside a church. one woman said today she's not going to allow terrorists to stop her from living her life. >> i will not be intimidated. if it was a really a terror attack, they would have reached their goal, to intimidate and i won't let that happen. >> she's on to something there. here's angela merkel at the scene of one of the attacks

along with other german officials. this is the mayor of berlin here. another photo of chancellor merkel. she's down here in this photo. looking at some of the damage from this attack. this is one of those christmas stands into which the truck ran. two women hugging a makeshift memorial here, a familiar scene. here's a woman kneeling next to some candles and flowers and you can see the poster. the light is stronger than the darkness. here, christmas decorations into the smashed out window of that truck. we don't believe the man who was inside who had been murdered we believe wii the attacker himself was still in there. his body was not still in there at the time. we've seen height ped security here across in germany across from another market. this is a police officer standing next to a merry go round in frankfurt and here's the brandonburg gate lit up in the colors of the german flag. police telling people to stay

vigila vigilant jake wallace sim mono, he's live in berlin. how are people doing? >> good evening from a very, very cold german capital. people are feeling very, very scared indeed. police have told people to stay indoors. the city is really almost in lockdown. the minister here in germany has said germany is at war because the person who did this is still on the loose. earlier today, we u thought he had been arrested. the police arresteded a suspect who was seen allegedly fleeing the scene. and everybody b thought that was him. they caught him. but unfortunately, the cops seemed to have made a bit of a blunder because he was released just about an hour or two ago and they've been forced to admit they've got the wrong man. so now, we're faced with a situation where an armed isis terrorist is at large on the streets of berlin having already

killed 12 people and injured 48 more. and that is a terrifying situation for the people of berlin and indeed, the people in the hole of germany, where seven islamist terrorist attacks have taken place in the 12 months alone, claiming 21 lives and injuring more than 100, so people are very, very worried that this is going to become the new normal. >> if it hasn't already. in this very popular western side of berlin, highly trafficked by tourists, no cameras, no video of any of this. >> well, there have been some pictures that emerged. on twitter, but you're right, fewer than you would expect. this is an ordinary christmas market. where people were shopping or enjoying the festive season. nobody was in a state of

heightened alert everybody was just living life as normal, when a rather ordinary looking laurie took a turn at high speed and plowed into an ordinary christmas store. killing 12 people as i've said and at the moment, people are really starting to point the finger of blame at the authorities. there were intelligence warnings over the past few months that isis terrorists were going to target a christmas market in europe and yet, there didn't seem to be any crash barriers here that would have prevented that sort f attack, then the furthfu bungle where the authorities arrested the wrong man an didn't seem to be in control of the situation. you're right. people are scareded and afraid and just worrying this might be the beginning of something more. >> any leads you know of? any vague or general description given fwi witnesses? >> well, no, the most astonishing thing about this has been the lack of leads. the lack of information.

apart from this one suspect, that was arrested then released, there have been few eyewitness accounts. it was dark and it was, everybody was in shock and it happened very, very quickly. but i think partly, this points to the professionalism of the attacker. you could say they were as professional as the police appeared to be incomp tant. he hijacked a truck. shot the driver dead. was not an hended. changeded out of his bloody clothes and put on clean clothes. drove arpd. still not apprehended. managed to do the act of terror then escaped without being caught. that was a professional operator. isis claimed responsibility for the attack. this was a trained terrorist infiltrating berlin and the police have said that we have to really prepare for the possibility, another attack may be imminent. jack from the daily mail.com.

the associate global editor there. nice to see you. in a moment, we'll check in on cities here in the united states and how they're reacting, but first, russia and turkey. promising not to let the assassination of moscow's ambassador to get in the way of peace talks for syria and their fight against terrorism. investigators say an off duty turkish police officer shot the ambassador after yelling don't forget aleppo. as part of a cease fire deal, the syrian government has been letting civilians an rebels leave. they've been allowed to leave two shiite villages they control. all three leerds said they'll expand their cease fire deal. the united states was not at the meeting. russia and iran are allies of the murderous syrian dictator bashar al assad, who's killed hurricanes of thousands of his own people. the united states and turkey support the rebels looking to overthrow him.

it's a proxy war and russia is winning. assad recently declared his biggest victory yet when he saw his forces retake aleppo, syria's largest city. the civil war began about six years ago. killed around half a million people and forced millions more from their homes. connor powell in our mideast bu bureau tonight. >> after a week of chaotic efforts, turkish and russian officials say more than 37,000 people have been evacuated from the war torn city and many more are expected to be evacuated the next few days. the buses are likely to roll for the next two days or so. trz desperate civilians, many malnourished and in need to have medical care braved freezing temperatures and escaped what was once syria's main commercial hub. today, most of aleppo is a bombed out wasteland.

very little of what was once aleppo actually existed today. as an chptured the city as they levelled it. it's now just a bombed out wasteland. mostly rubble and broken down buildings. >> thank you. china has given back the united states navy drone it seized last week. the pentagon roried the chinese returned the drown to an american ship off the philippine, near the spot where they took it. u.s. officials say the drone had been collecting unclassified sign day at the time. it's a weather thing and the chinese looked at it an went -- chinese officials say their military had a right to take it because of safety concerns, which frankly isn't fru. some foreign policy experts say this was a warning aimed at president-elect trump after he broke the diplomatic tradition by speaking with the president of taiwan. the drone capture happen nd the

south china sea where many countries claim territory. it's one to have busiest shipping lanes in all of the world with about $5 trillion in global trade passing through each year. china recesuggested it has weaps there an separately islands there. investigators scanning the cell phones of innocent people without search warrants "the wall street journal" blew up the news, explaining how police and federal agents use devices that mimic cell phone towers. now, the house of representatives has recommended a new law to change how investigators can use these device, but will it do enough? your privacy is at stake, whether ou care or not is another matter. that's next. liberty mutual stood with me when i was too busy with the kids to get a repair estimate. i just snapped a photo and got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance

there's a moment of truth. and now with victoza® a better moment of proof. victoza® lowers my a1c and blood sugar better than the leading branded pill, which didn't get me to my goal. lowers my a1c better than the leading branded injectable. the one i used to take. and better than that diabetes pill i used to take. (jeff) victoza® works with your body to lower blood sugar in three ways-- in the stomach, the liver, and the pancreas. and while it isn't for weight loss, victoza® may help you lose some weight. non-insulin victoza® comes in a pen and is taken once a day. (announcer vo) victoza® is not recommended as the first medication to treat diabetes,

and is not for people with type 1 diabetes or diabetic ketoacidosis. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. stop taking victoza® and call your doctor right away if you get a lump or swelling in your neck or if you develop any allergic symptoms including itching, rash, or difficulty breathing. serious side effects may happen, including pancreatitis. so, stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. tell your doctor your medical history. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are headache, nausea, diarrhea, and vomiting. side effects can lead to dehydration, which may cause kidney problems. now's the time for a better moment of proof. ask your doctor about victoza®.

police in the united states stepping up security after yesterday's deadly attack in germany. especially at christmas markets. we have a seen from holiday shops here in new york city. you can see the officers stand tlg. police say there are no specific terror threats for the new york area and this is just precaution. there are others as well across the country. jeff from fox business network outside a christmas market in chicago. what are police doing there, jeff? >> same thing. heavy presence and i've been coming to this market for 20 years. it's called the kriss kringle market in chicago, but i've never seen the kind of security i'm seeing today. if we spin around here, maybe

you'll see in addition to additional police officers, out on the street here, also, what they've done is taken big chicago police squad roll and park ed it in the one place whee a potentially a truck could come through and cash into the market. that's about the only way get in and they blocked that off, so, people are here, but very dimpblt scene. >> what are people there telling you? >> you know, it's funny. this, they told us and i've been to these things as i said forever, this is the busiest day of the season thus far at this market. i just talked to swup who said i thought about maybe not coming, then i said oh, i got to come. actually, i've got to come together because i want to make sure i send a message this goes on here m i'm going to allow myself to be made afraid to come out in public. right here in the center of downtown chicago. this is a target. this is the tallest christian

churchment chicago temple. next to it. city hall. right in the middle of downtown chicago and a wide open target to a potential terrorist, but people here say it goes on. life does. >> that's good to hear. jeff flock, good to see you. some members of congress are pushing for a new law to create national standards for investigators who use cell phone tracking technology. we have an image of one of the devices shown by a sting ray. in 2014, the "wall street journal" reported they were using the technology which imitates a cell phone tower. according to the journal, cell phones connect to that and that device can grab information from the foep. the paper reported the feds were using it to find criminals and were picking up innocent people's information in the process, which the constitution says you u can't. since then, the justice department changeded its policy, forcing them to get warrants.

aaron joins us now, national politician editor for "wall street journal." so, there's a change in the law. only took a couple of years. >> no change in the law yet. this is a house panel saying that there should be a law. and in the meantime until we get to writing the law, using this technology should require a warrant. you should have to go to a judge and show probable cause before scooping up these records. >> how is it it doesn't require this. >> this is a fascinating story. and again, as you said, it have -- "the wall street journal" who first brought to this pushl attention two years ago. this started in about the 2000s, developed fwi the ci, and used to hunt terrorists. using in afghanistan, in raug, and it was very effective. so it went from the cia to the military, the fbi and it's effective, so it filtered down into local law enforcement. and that's where you get the civil liberty's concerns.

all of a sudden, you're working dmesically, not overseas, so we have citizen's civil rights here and we're scooping up thousands of records. people using their cell phones because this technology can weed through that and target the small number of suspects who law enforcement are looking for. >> is it your sense that congress and the american people are on the same page as these prooivacy matter sns i know youe gotten a lot of feedbackback. >> we've just been reminded in jordan and berlin, in turkey, that there are dangers all around us in the world and there's this ongoing national discussion of what electronic tools are appropriate for law enforcement to use and where do they cross the lines. when it comes to cell phones, the it's helpful to think in terms of different baskets of things, clearly, what you say in the course of a phone con ser ver sags requires law enforcement to get a warrant. the content is one thing.

through edward snowden, we had this big con ver sigs about metta data. the information in your phone call, who you call, what number, how often, what your number is is and how long you talk. now, that, law enforcement by and large has said does not need a warrant, although that's coming into question. this is the third question raised by technology is where you are physically. it's called geo location. the fact that when you carry a cell phone, you're connecting to cell towers and that allows people to know where you are physically on the earth and therefore, law enforcement looking for bad fwis can use that cocome and find you. >> there was a time when people were concerned about big brother's watch. it's glare being too har a sh. i don't hear that as much anymore. i figure i won't until people start to become victims of authorities. >> well, this is congress catching up to the knowledge and as you say, maybe it's late and certainly, the american civil liberty's union and the other groups rei groups like the frontier

foundation would say. as this came into law enforcement, it became more and more widespread. used in airplane, they put these in airplanes the fly over large part of the population, so a lot of people's phone calls were implicated and the fbi started to say maybe we should get a warrant. it started to ask its officers to get warrants. the justice department said maybe we should have ruled for long you can keep the data we collect because there were no rules around that and some states started to pass rules requiring warrants, but it's piecemeal. states don't require warrants, so this panel said we should step in, we need a national law that sets rules for when you need a warrant, how you establish probable cause and how the data can be kept. so they want one law the to cover all levels. >> the journal will report on it when it happens. the national politics editor, our corporate cousin, thank you,

sir. >> coming up, an american mom's cry for help. deep inside afghanistan. we're hearing from a family now years after terrorists took them hostage. hear what they have to say to president obama. that's coming up. and we're watching on wall street where the dow is inching ever closer to the magical 20,000. what happens at 20,000, sheppard? well, we have a fancy graphic and we hope to use it today because santa. ♪

this holiday, the real gift isn't what's inside the box... it's what's inside the person who opens it. give your loved ones ancestrydna, the simple dna test that can tell them where they came from -by revealing their ethnic mix. it's a gift as original as they are. order now at ancestrydna.com.

there is chilling new video that appears to show an american mother who is a hostage in afghanistan begging president obama to save her family. here's a still or a screen cap from that video. we don't play it because it's

terrorist propaganda video and we don't play that on fox news. but in the video caitlyn coleman reads from a script alongside her canadian husband joshua boyle and their two sons. she begs president obama to negotiate their release before he leaves office and says her captors have threatened to punish her family. u.s. officials say a group with ties to the taliban kidnapped coleman and her husband while they were hiking in afghanistan four years ago now. her family says coleman was pregnant at the time and gave birth not once but twice in captivity. trace gallagher has this news. what else do they say in the video, trace? >> shep, caitlyn coleman is direct in criticizing her kidnappers linked to the taliban and the governments who have so far failed to free them, saying and i'm quoting here, we understand both sides hate us and are content to leave us and our two surviving children in these problems, but we can only ask and pray that somebody will recognize the atrocities these men carry out against us as

so-called retaliation in their ingratitude and hip cross si. my children have seen their mother defiled. you heard caitlyn coleman refer to her surviving children though it's very unclear if she's had a miscarriage or if a child died. coleman also appeals to president obama and his legacy as he leaves office saying, please don't become the next jimmy carter. she of course is referring to carter's failed attempt to free the americans who were held hostage in iran before he left office back in 1980. >> we didn't hear from this family for years. and now i think this is the second video in just like four months. >> yes. second video and there's also been some letter 'the video was in august and it was directly posted on youtube, warning the couple would be killed if the afghan government did not stop executing taliban prisoners. the video plea, by the way, coincided with an afghan court ruling handing down a death

sentence to the son of the man who founded the hakani network, the network that kidnapped them. the husband, joshua boyle, has sent letters to his family in canada telling them he's trying to keep his children's spirits high by playing" a beautiful life" th," the movie about a fa trying keep their spirits high in a nazi death camp. despite joshua boyle being canadian the latest video, it only appeals to the american and afghan governments. the u.s. state department, by the way, has called for the families' immediate release and we should note the families of coleman and boyle have called them naive, saying their intentions are good but they were foolish by going into afghanistan, though they also believe the u.s. government should treat them just like they did bowe birg dall and find a way to get them released. >> have there been any demands, have they been specific about

what could change this, their captors? >> nothing. that's the whole point. and it's unclear exactly if somebody is mediating this. we know that when boyle sent letter to his family he has been upbeat, as he said in the movie reference, but there is no indication of who the intermediary is and these letters getting out to the family and they know they all come in political high points in afghan and the united states. >> trace gallagher, live in los angeles. thank you. final note and check of the dow in just a moment. incredible bladder protection in a pad this thin, i didn't...

...think it would work, but it does. it's called always discreet for bladder leaks, the super... ...absorbent core turns liquid to gel. i know i'm wearing it but no one else will. always discreet for bladder leaks. ♪ reality's long dreams are real, a little tupac for your tuesday. one of the late great six artists set to join the rock 'n roll hall of fame. also head into the hall, pearl jam and journey, the group behind "don't stop believing" which everybody seems to know about 3:00 in the morning.

artists have to wait 25 years after their first album even to be considered. also going in this time, the folk star joan baez and rockers yes as well as elo, electric light orchestra, for you kids. the induction ceremony set for april at barclays center in brooklyn. on this day in 1879 some guy named thomas edison gave a private demo of his new convention, the incon dessent light. scientists have been experimenting with light bulbs since befored son was born but historians say he came up with the first practical one which could stay on and stay lit for hours. exactly a year to the day after edison showed off his bulb a company put up the first electric lights in new york city on a stretch of broadway here in manhattan. the street later got a lot more lights and earned the nickname the great white way after thomas edison helped light up the world 137 years ago today.

should newsbreak out we'll break in because that's what we do. they pay us to we do it. today we hoped the dow might hit 20,000 because awesome graphics and we knew neil would have balloon, maybe some kang. i think he likes king dons or twinkies. it will be a celebration when it happens. here's cavuto. >> it's owedles and it will be maybe tomorrow, shep. in the meantime we're getting more details on what transpired about 24 hours ago in germany in berlin that claimed dozen lives, injured of dozen of others and isis already claiming responsibility. the trouble is though we're getting very little word on who was behind the attack because the driver of that truck, they can't seem to find him. to grn's alan hall with the very latest. hey, alan. >> hello there. as you rightly say, all day