>> i'm allowed to edit everyone's opinion. harris: oh, really? >> my kids', my wife's -- harris: wow, that's a lot of power. kennedy: hurts so good. harris: do they listen to you at home? >> yeah, totally. harris: sarcasm. i love it. we'll see you online. "happening now" now.

trump tapping kelly ann conway as councillor to the president. >> she helped to guide him and making history at the same time and widely credited with engineering mr. trump's electoral upset. we talked to her when her future was unclear. >> my family is moving to washington d.c. and i will stay outside or go into the west wing and take a position next to the president and serve him in the way i advised him off camera. and most advice and counsel is off camera and not on camera.

>> blake? >> reporter: john, jenna, good afternoon. kelly ann conway passed on the press secretary job and role as counsellor to the president is one inç which she will work alongside the inner circle in the trump administration to execute the legislative priorities. conway initially expressed doubts. but laughed it off today. and watch the exchange just here. >> we were talking with juan williams, kelly ann has four kids and he got creamed on twitter. and everybody on twitter why a woman can with four kids can do this it and a man can't. >> i don't want him to be creamed. but i don't play golf or have a mistress and i have a lot of time that the other men don't.

>> there's that. >> reporter: transition aides identified a new candidate for agriculture secretary. one of the two unfulfilled cabinet slots. elsa morono. she was the first hispanic to be president of texas a &m university. expect more job announcementes. back to you. >> thankç you. >> kelly ann conway. >> and a fox news alert on the search for a killer. they are looking for the prime suspect in a attack in berlin at a christmas market. this man's finger prints were found in the truck. a native of tun isian and already on the radar of counter terrorism officials and the u.s.

is waiting for the investigation. >> rich? >> reporter: german authorities are scouring refugee catch and apartments looking for the suspect. germany had been monitoring him for months and he immigrated in the sum merof 2015. he had ties with the islamic state and ordered intensive monitoring of him. germany rejected the asylum request. he was arrested but never deported because ofç problems with the tunisiowa a n government. he is now on the run. >> we are worried. we have no information about his location or status. i ask him to turn himself in to the police and we'll find out

the truth and be in contact with him. it is safer to be be in the hands of the police than remain a refugee. >> the christmas market he is suspected of attacking is reopened. >> there is information sharing and what do you know about the u.s. involvement and were you aware of this person before the attack? >> reporter: the u.s. was aware of him. and we expect to hear more in an hour from now from the state department. we are hearing that the united states is confirming that two americans were injured in this attack. state department officials are still working to coordinate more americans that were hurt and try to assist with more americans that might be hurt. the u.s. state department said it has the hallmarks of an is sis inspired attack but unknown what kind ofç coordinationy he had with isis leadership or

assistance or any type of connection. last month, isis' magazine the followers to do truck attacks when a man drove a truck in nice on bastille tao killing people. >> president-elect trump raised a possibility for a reggistry for muslims in the u.s. or an out right ban. they were controversial pillars of the campaign and kelly ann conway insists there would not be a complete ban. we'll go to it nina and jamie. jamie is host of the podcast jamie weinstein show. jamie tis chlor as mud. where do we stand with regard to

the president-elect trump's policy p? >> weç don't know. he went with a total and complete ban. it even applied to americans that were muslims from the country back in the united states. he has backed away from that. it seems like he's on the lines of more scrutiny and perhaps a ban on some countries where there is a lot of terrorist coming from. like syria or libia. but we don't know for sure. when he's pressed he said he didn't switch. he has picked fine people to be around him and advise him on natural security. specifically general kelly who is department of homeland

security. widely respected figure. he will have good advice from the national security team. >> his response was, you know, he's been right all along regarding his policies toward muslim immigration. how do you assess that? >> here's the thing. i thinkç donald trump and his team would do well to go back in november of a year ago before anybody had cast a vote in the united states. he said we need a big beautiful safe zone for refugee. a lot of people laughed at him having an image of a trump tower for refugee. but in the end of the day, he was right. we need to be changing the conversation of how to keep people in those that area. and when conflicts end in syria,

you will need civil society to rebuild a stable middle east. and you will need the kind of people who are educated and skilled and need to reconstruct those country and be there for a more peaceful and stable middle east. he was right to it say that would cost us less in the end of the day to find ways to keep people who are fleeing the conflicts closer to their own homes. >> has the obama administration been denying the reality that we ñ jamie? >> well, so, when you go back to what donald trump said literally. you know, people in washington take trump literally and not seriously. and supporters take him seriously but not literally. perhaps what donald trump was saying to try to interpret what he was saying, we take him

literally and not seriously. and the obama administration is not taking it seriously enough. they deny what is obvious to it americans. that these attacks are from people p who are taking a radical view of islam. and they are are islamic terrorist attacks and president obama refused to say it and donald trump is trying to seginal to those folks he recognizes it is islamic terrorist attacks he's not afraid to say it. maybe not what was literally in serria. a complete muslim ban. but it will take a formulation and take it head-on and not denying it reality which can a lot of the americans think that the obama administration is doinw.d what is obviously, these are islamic inspired terrorist attacks. >> he said i like to keep them

guessing and i don't like to lie out one in advance. >> that's right. and on the refugee front, you need to come up with with a clear policy which they are moving in the direction. you don't ban all muslim and look at potential threats from areas where there are terrorist organizations and make sure the betting is better. and it doesn't take a huge terrorist to do damage. you don't send a signal toi sis by doing that. but keep them on their toes. and the other thing going back to syria and the conflict there. i would love to see president-elect donald trump to use deal making ability to get the conflict solved and make sure people can return without

be being attacked by assad and without damage inç their lives >> a huge persage of the population is moved out or is dead. >> prosecution in robert durst murder trial has a secret witness. >> and man in custody after attacking two police officers. what officers found that prompted them to bring in the fbi. for lower back pain sufferers

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>> a story first brought to you on "happening now". an internet celebrity tried to disrupt the flights before they kicked him off. >> this is 2016. delta airlineses are kicking us out because we spoke a different language. >> thank you you so much. >> you guys are racist. and that is the youtube celebrity that was taken offç the jet after speaking arabic on the phone to his mother.

>> they sought to disrupt the cab cannin with with shouting and what is paramount is safety and comfort of the passengers. more on this story. >> two florida deputies are recovering after an attack in newport, richey yesterday. they found suspicious materials in his bedroom. it raised concern can -- that it was terror related. >> reporter: law enforcement officials outside of tampa. and that occurred on wednesday. the 21-year-old man arrested by deputies yesterday. this came after a lengthy fight with theç deputies.

the man's parents smelled chemicals coming from his bedroom and police arrived and found illegal narcotics in the bedroom and tried to hand cuff him, he tried to take their gun and a lengthy fight followed. one deputy had broken hand and the other injuries to the head. the suspect was tazers. and faces charges of battery to law enforcement. >> a virginia man charged with attempting to provide support to the islamic state. he sent money to a person to buy weapon and ammo. williams was arrested yesterday. he posted messages in support of isis and calling for attacks on

police. he can face 20 years in prison if convicted. >> last-minute shopper are and how warehouse workers makuç the magic happen on very tight deadlines and moscow called them frozen. >> certainy on the major issues and issues that matter the most there continues to be dialogue. and that is not reflective of the way we see communications with moscow. (war drums beating) fight heartburn fast. with tums chewy delights. the mouthwatering soft chew that goes to work in seconds to conquer heartburn fast. tum tum tum tum.

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>> right now, syrian state media reporting lastç rebels are are evacuating eastern aleppo.

they -- on the assad regime will soon is call it liberated. >> and arguably hitting a new low in recent weeks. and the state department pushing back against claims that communications between the two xhount countries are frozen. russian was behind the attack on the power grid in the ukraine capital. and the washington herald said the hack on the the dnc was similar to ukraine. president obama said he will respond to the attack. it is unclear. >> and it is good to have you back on the program. russia is saying. we can't talk and the united states said we are talking and

that isç on the flip side. and the ability for are any president to do anything meaningful is slim. we are seeing a war of words and clearly president obama called russia out for being involved. and it is a war of words and probably a reset when president trump takes office. bad russians and that is similar to your book and that's why we talked to you about the issues. >> we have to understand that russia, this is not a political

thing. russia will do what is in russia's best interest. i dealt with them for years under cover. and want to return to the glory days of the soviet union and what they see in the united states is a rod block of them doing that. and their motives are aligned in it minimizing&e united states to achieve those goals and you understand that they don't want to go to war with us. but understand that their natural interests are reemerging and you negotiate with them in that vein. >> and you are looking at both stories on the surface. is it russia saying no, the communication is closed. and no, no, no. they are open. >> it is disturbing and you look

at what is happening for russia and syria. >> i have to say i think we are coming off and that is negotiate from a position of strength. what is your greatest fear when you hear about our president talking aboutç retalation. >> i saw the russian and lived in it in terms of the spies. and i heard crazy theories of the trump transition team and assuming that the russians recruited people, it is preposterous.

and i was a nobody. and the amount they had. >> and i want to it get it out of the way. in terms of hacking. it is important to define what we need here. you are seeing the ukraine power grid. that is offensive and stealing information is espionage. cyber remember, it is not a bullet or a bomb. it is like a virus software, you will build a defense to it. they will only use it whereç i is advantageous. we'll see more on the information campaign going back to snowden.

>> we don't know if we are retailiating and what is important when you are watching what we learn from this point on? >> obviously you don't want to get caught. but if you do, the person who detects it doesn't know where the attack or espionage is from. and the president is communicating to the russians. we know who was involved and know what computers they used. and you are saying that the operation that the russians used it burned that may so many like a small slight. but my goodness. all of the weapons. we have to go back to the drawing board.

that is something for all of us to consider. program. >> dow on the brink of history and it is having more trouble making it to the 20000 mark. why are stocks sliding today. and new meaning to the term fashion police. >> we are excited. exclude pass. >> update you on the student who looks sharp instead of a speeding ticket. that student joins us live. canned can çç pass snshg the d

hit a road block below today. >> i mean, who knows at this point? i think all of us are tired of the hype. the market is town a little bit today and here's why, jenna. rising interest rates. you have mortgage rates at two and half year highs today and 30 year if i canned mortgage is 4.ç percent. and not only the federal reserve but continue to raise interest rates three more times into the new year. and there is that. that is an economic head wind. and other head wind might be the

fact that gas prices are coming up. 2.26. and that is $0.24 high are than the same time last year. and why is gas and oil and other energy up? >> opec agreed to a production cut and there is certain about tighter supplieses. and break down the dow jones industrial average. health care stocks. united health group and ph yser. president-elect trump is vocal about not liking the obama care. we'll see about that. and that's the things we are working on here today. >> you got it. thank you. >> and right now, amazonç prim fulfillment centers are in

overdrive. they can deliver items to your doorstep mere hours after they are are ordered. it is all hands on deck kind can of operation that relies on people than machines. that is adam? >> in a place with traffic grid lock, you can get your items delivered and cost you sen.99 and member of amazon prime. there are 30 hubs like this one in manhattan that is not nationwide. it is here and in major cities. big screen tv and if you need food nothing says loving like rios spaghetti sauce. this is a hot item. this is nintendo classic.

and 60 bucks in ama zone prime right now. you got to monitor and they pop them on live and they are selling on ebay for 300ç bucks and keep monitoring and you would get it. seven opinion 99 you get it in an hour and if you are a prime number you you get it free anywhere from 1- 2 hours and now you can procrastinate for christmas shopping and all the way up to christmas eve, 9:45 and last time you can place your order and have it delivered before and why not get a scented candle? >> if they were worth something, i might have held on to the 1 or 2 my kids had. >> that is a pricey item. >> and adam, thank you.

>> "happening now", yesterday. inspired to reach out to those involved and we had that response. and this all centered around a traffic stop and an officer pulled over a college student for speeding and asked him why he was in a rush. that student explained he was running late for a presentation and his friend that was going to help him with somethingç was n around. take a listen. >> and i don't know how it is. that's proof of insurance and driver's license real quick. >> the officer tied his tie and let him off with a warning and your tie looks great, trevor. >> yes, i did tie it myself.

and how did you learn it tie a tie. >> no one likes to see the red lights or siren. what happened when you saw that it? >> yeah, from the beginning, i was driving to class and i started to drive to my buddy house on a street. and i drove past this house and his car was gone. oh, no. i don't know how to tie my tie? who's-who will do that and rushed to see if someone would help me in the çclassroom. and i had 12 minutes for my final presentation and in a rush and stuff. and then about five blocks later i looked in my rearview mirror saw officer fullcheck and he followed me three block and i thought he was going to pull me over and i knew i was speeding

and in the wrong and shouldn'ted have been doing that. it is not the right thing to do. and another car got between us and the cop car had a and maybe he will back off a bit. and at that point. i am so happy. and mom would have been mad if i got a ticket. and then next thing you know. the car takes a left and the cop can gets right on behind me and i thought i will get pulled over and i saw the he turned the lights on and i was in a rush and i opened my door and with my hands and told him the story i was respectful to him and he waç respect aring me. >> what he said. give me your tie? what can did you think at that

point. >> at that point. i was in the car i am thinking how cool it would be if he would tie my tie and i didn't think it would happen. and i pulled it out of my back pack. in >> thank goodness you had license and insurance. he was asking for that, too as he tied the tie for you. and a part of the viewer we didn't show the viewer ares. i will play it more and ask you about this. we'll play that part. >> kind of hard with all of the crap on. >> auto. >> he gave you you the tie to put on. and why did he have to tie it again.

because it was way too short and it was going past the big part of the çtie. >> it is my understanding that you told a local news station that you went back and you did your presentation and you got an a. and you went back and met with with the officer and he taught you how to tie the tie? >> yeah, the next day, i was playing xbox with my buddieses actually at my place and i get a text from my mom. the police department just called me and that's all i saw on the text and i was playing a game and i didn't want to read the text and i was likeun hoeshgs. and he was like call me now. i am going to be in trouble i thought. yeah, the police department called me and said you were super respectful and you you

were respectful and they would like me to come in and sign some papers so they can put the video on the internet. and officer aiken said he would teach me how to tie. >> that was taught to you by the police officer? >> yeah. ç >> trevor, this is a story that went viral the officer is on vaisication. but it was hart warming where after a year there was a lot of tension. but all things now seem okay. >> what are you thinking? your new ability to tie a tie? what do you think of all of this? >> i kind of want to focus to go off me and go to the officeringly. in the last year or so we have had bad tension with them.

and before i got you pulled over. i thought they are out to greet me. but it was a life change canning experience. and it taught me they are out to serve and protect us and they always want to do good. and they have gotten a bad rap. after i got pulled over on november 30th. i started to think how i could give back to the society and police department and wounded veteran and i actually started my own tie. ç true blue ties. we are just recently new. and we have five ties that are coming out real soon. and we are going to have a certain percentage of the money to go back to police funds and stuff like that all around the united states. i want to give back to them because they are serving us. if i do that, it makes me proud to do that. >> what a great idea.

>> go ahead. >> you are on facebook be? >>y we are at true blue tie and on twitter and instagram. >> i want to bring it full circle. trevor was rushing to a sales presentation and we see why he got an a in class and get the company up and running and get the ties out there and come back and tell us about it, is that a deal? >> that sounds great. >> trevor, merry christmas and thank you so much. we appreciate it. >> merry christmas. and thank you, too. >> you you would wear a blue tie. >> i will work on on tying it properly. >> and we have update on the texas boy, who warmshthe heart of everyone who meets him. his parents shannon and robert tried to conceive. and adopted him. they learn he has epilepsy and

cerebral pallsy. but they love him unconditionally. his medical needs exhausted their funds and they -- their frns are put nothing a go fund me. and thank you to fox hearted viewers that it stepped up. 231000, donated thus far to a deserving family it will go to improve wuby's quality of life and we'll bring you updates. >> and that story aired yesterday and in the last 24 hours, fox viewers raised that much money. >> hats off to you. >> he may look frail. but robert durst is a dangerous man and they want to question witnesses for the murder trial.ç

terrifying momentses where passengers on a fres no bus and what ignited an explosion ahead. canned can clear

>> new information on a case we are follow itting on "happening now". >> prosecutor in the robert durst murder are trial. certain witnesses have concerns about safety and asked estify o he is accused of murdering shuts

an burrman. he shot her because he thought she could incriminate him in the disappearance of kathleen durst in new york. 15 years later, police arrested durst forberman's murder after he was caught on tape saying he killed them all, of course. >> and then last month. he was arraigned and pled not guilty and saying he was under the influence of drug in a hot miç c. >> and let's bring in ashley merchant. a crim maldefense attorney. and wendy patten. you practice out out there. does the proposal to let the

witnesses who want to testify on videotape before the courtroom case begins. does that stand a chance of happening? >> yes, it will not be unusual to have the condition a exam. it could be that the witnesses deported or fearful. we don't want a notice to appear to be a notice to disappear. it is often the reason we see the request. you heard it prothe pospros. not history repeating itself. this is a man who is under a cloud of suspicion and many killed along the way. and two out on of the three deaths were witness and without prejudging the facts in this case. it is a çtool to have somebody provide evidence. >> they realed him in a court in

a wheelchair, how dangerous can he be be? >> that is one of the reasons that the prosecutors are treeing to get the pretrial testimony. the defense doesn't know everything with with the case and hard to cross examine him before you know the facts of the case. and a lot of times in trial factses come out. and the defense will fight it because they want all of the information before they cross examine this person. and waiting until the trial is the preferred practice and that's when you have the information. and got them tla lives and so the jury assesses their credibility. and the prosecution hasn't made out much of the claim of how dufrt is a threat or made threes

or anything like this. >> he admitting killing one guy and it wasç a self defense. >> and it is not worth hundred million. >> it is not your typical murder defendant period. there is so much secrecy. he warmed up his own cold case by what he said on the hot mi c. and some many recollect things that is important here. no one wants to it compromise and reviewing so many facts. >>y we are not proif -- privy on all of them. we'll understand why the motions are being brought. >> we'll follow the case

closely. thank you both. >> fox news alert. and president-elect trump and more are breaking news on the other side of the break.

a fox news alert, the cabinet continues to take shape. president-elect donald trump's team names sean spicer as white house press secretary. you know his face, he previously se served for the republican national committee. sean spicer, press secretary, and important cabinet position, but also new title, jason miller

the directorç of communication. hope pick, the director of strategic communications. so the wig ahead line as you look at the media team coming together under our new president-elect is that it will be a lot of familiar face that's have been with him for quite some time. >> we know there was an often lot of bad blood. so having brought aboard. so we'll see what is next. we still have open positions for the remaining cabinet posts, we have agriculture and veterans affairs, very important. >> the head of social media, i wonder if he will have the password to the social media

account? >> should president-elect trump bring in the wishbone offense? one person thinks so, what is bar barryswitzer doing there?

another case of an exploding egreat. a man was burned while he was

riding a metro bus. the man says he had the device in his pants pocket that became hot and as you see caught fire. >> another danger of smoking. time for the final 30. christmas coming early for the seattle seahawks offensive line. brand new 55 inch tvs left by santa claus. the real santa is russell wilson. >> i can't wait to see what you left at our office. barry switzer wondered into trump tower. he said he had a great interview about be the secretary of offense, which has a ring to it. what do you thinkç about that? secretary of offense. >> you can go into trump tower,

and buy coffee there, they're just checking your bag -- >> you can't fly over it these days, either. thank you for joining us today. >> merry christmas "america's news headquarters" starting now. >> president-elect donald trump moving full speeded in, naming his communications team just moments ago, sean spicer along with several high profile. welcome to a brand new hour inside "america's news headquarters." we're seeing a little back and forth over mr. trump's apparent softening on one of his key campaign pledges. which of mr. trump's famous campaign speech lines is supposedly now back in after it was out for about 4