"hit or miss," tweet jer on the on the fnc. that's it for this week's show, thanks to all of you for watching. merry christmas, we hope to see you here next week. new developments in the berlin terror investigation. arrests and word of possible new connections to extremist groups in europe. hello, welcome to "america's news headquarters." >> hello, merry christmas. >> to you. >> and of course happy holidays, merry christmas and happy holidays to you, everyone. police say the berlin terrorist, anis amri, he did have help in that attack that tragically killed 12 people in the berlin christmas market. their investigation now stretching beyond europe to tunisia where amri's nephew and two others have been arrested, too. we have more live from london on the latest. hi, kitty. >> reporter: hi, eric.

well, investigators are urgently trying to establish who else might have supported the key suspect in this attack, what kinds of logistical backup did he have, and who from. now today as you mentioned earlier in tunisia, security forces arrested three men who they say have links to that suspect, anis amri. one is understood to be amri's nephew. authorities say there were conversations between the two about supporting isis and amri had persuaded him to join the group. amri was driving the truck when it drive into the busy market in berlin monday evening. his i.d. was found under the driver's seat. his fingerprints were on the truck. he was known to authorities, as well. despite being one of the most-wanted men in europe, he was able to take a train to italy after carrying out that attack. he was finally shot dead in milan by police after he pulled

a gun during a routine attack. but -- arrest, i should say. given how many was known about amri's background, many are asking why wasn't more done to stop him before he killed 12 people. >> so tragic really. meanwhile, how worried are officials in europe that there will be another followup terrorist attack? >> reporter: what we're seeing over the christmas holiday period is increased security in some major cities including here in london. that's because authorities are not sure what else might be in the pipeline since isis has claimed responsibility for the attack in berlin, and a video of amri has been shown pledging allegiance to the group. there are fears there could be others like him planning something similar. it's interesting to note that german police have introduced spot checks at borders which are usually opening. they're trying to improve

security in germany. of course, it's impossible to present some attacks from happening in public places. >> absolutely. kitty logan, live from london today. thank you very much. molly? another big story that is sparking huge controversy here at home, as well as overseas. the united nations passing a resolution condemning israel for its settlements in the west bank and east jerusalem. historically, the united states has vetoed such resolutions which critics have called biased against israel. this time, the united states abstained rather than using its veto. israeli prime minister benjamin netanyahu blasting the move, calling it shameful. we have more live from jerusalem on the latest. john? >> reporter: from the u.s. to here in jerusalem to the west bank where christmas celebrations are already underway. in particular in bethlehem. the response to the passage of this resolution has been swift and divisive, particularly from israeli prime minister netanyahu, who just mentioned, molly, who earlier this evening

said that the obama administration "conducted a shameful anti-israel hijacking at the u.n." so strong words coming from the prime minister. now as we know, the u.n. security council passed the resolution 14-0 yesterday. as you talked about, the u.s. absta abstaining, breaking america's long-standing policy of really shielding and protecting israel at the united nations. and many agree this was president obama's parting shot at prime minister netanyahu after a history of strained relations. now the resolution in particular demands that israel cease all settlement activities in the occupied palestinian territory, including east jerusalem. and that the settlements have no legal validity. prime minister netanyahu countereded that, the resolution he says will ultimately be revoked, adding that it will not be revoked by us retreated from the territories but by us holding ground. while prime minister netanyahu takes this hard-line stance,

palestinian leaders really celebrated the passage of the u.n. resolution. palestinian authority president mahmoud abbas called it a big blow to israel's policies. prime minister netanyahu earlier this evening added to all this again, saying that israel will continue to reject the resolution and that it will function, he says, and these are his words, as a general call for arms to our allies around the world, friends who have had enough of the way the u.n. treats israel. molly? >> reporting from jerusalem on the political fallout there. thank you. and of course all this comes after president-elect trump called on the obama administration to veto that u.n. resolution following the security council vote yesterday. mr. trump said things will be different under his presidency at the united nations. he tweeted, come inauguration day, january 20th. for a look at what the to expect, derek penny from palm

beach covering the president-elect at his ma mar-a-lago estate there. >> reporter: good afternoon. israeli leaders are looking forward to this kind of difference with president-elect trump leading up to the u.n. security vote on thursday. donald trump issued a statement condemning the u.s. for not protecting israel in that vote. and he -- then on friday, following the vote, in fact, he tweeted, "as to the u.n., things will be different after january 20th." january 20th, of course, is when he takes office. late this week, mr. trump also brought up another possible change in u.s. policy when he suggested that our nuclear arsenal needs an upgrade. on twitter thursday, he wrote, "the united states must greatly strengthen and expand its nuclear capability until such time as the world comes to its senses regarding nukes." now, the timing of of that statement is interesting because it comes a day after he met with his national security adviser, michael flynn. and it comes a day after russian

president vladimir putin called on the kremlin to upgrade its nuclear arsenal, as well. and during an end-of-the-year press conference, putin said he wasn't the least bit bothered by mr. trump's statement. >> translator: as for the newly elected president, mr. trump, there is nothing new here. during his election campaign he had spoken about the need to strengthen u.s. nuclear capabilities. there is nothing unusual about it. >> reporter: the president-elect doesn't have any scheduled meetings or events this weekend, though last year on christmas eve, as well as this last easter when he was here at mar-a-lago, he did attend services at bethesda by the sea here in palm beach. eric? >> all right. thank you very much. molly? president-elect trump's very direct response to that united nations vote on israel is raising questions about the level of cooperation going forward between himself and president obama. seemingly taking a confrontational turn shortly

after mr. trump met with the president right after the election. joining me now are a form adviser to president bill clinton. and denine barelli, chief political correspondent for the conservative review, both are fox contributors. thanks for being here. merry christmas, happy holidays. >> merry christmas. >> let's kick off with this. on friday, the obama administration abstains from the vote regarding israel and the settlement being built there. the u.s. actions paving the way for the resolution to pass. very strong words from israel's prime minister, benjamin netanyahu, in the wake of that saying the obama administration not only failed to protect israel against the gangup at the point u.n., it colluded with it behind the scenes. very strong words. doug, there was bipartisan criticism of this. what are your thoughts? >> well, my feeling is that this resolution is an abomination. i think donald trump did the right thing, and i say this as a democrat and a longtime strong supporter of israel. to change settled policy really within a month of obama leaving office and to effectively

condemn the settlements is a profound mistake. donald trump did the right thing. he had tried to block this with the egyptians a day or so before. i'm pleased that he did what he did, and if the president of the united states, president obama, had not sfraerd longstanding u.s. policy to do what he did, donald trump would not have had to take the position he did. i'm glad president-elect trump did. >> and the obama administration did surprise a lot of people by taking these actions. let's talk about what president-elect trump actually tell. he has not set back -- he tweeted out in the wake of this as to the u.n., things will be different after january 20th. he took extraordinary steps, actually calling, speaking with netanyahu and the egyptian president. your thoughts on how he has stepped into this far before january 20th. >> sure. let me just say that i wish more democrats would put principle over policy like doug shone has shown, and i totally agree --

>> thank you. >> this is an outrageous action that president obama has taken against one. our allies. and for donald trump to make the comments that he has made, he is really signaling to the world and to our country that it will be a new day, a new administration once he is in office. this is not a way for us to treat our allies. and i also hope that other jewish voters here in america are taking note of what happens with -- what obama decided in regards to israel. i hope jewish democrat voters are taking note of that. this is really outrageous. >> it's interesting to hear you agree on that measure. when it comes to trump, he hasn't just stepped in on this particular issue. he's also talked about nuclear proliferation, business dealings, reaching out to boeing and lockheed martin and really getting involved way ahead of things. what do you think, doug? >> i think it's a good thing.

the president-elect is using the bully pulpit to make his point about keeping jobs in the united states and about cost overruns. i think that is absolutely all good. and look, we have for too long cowyou toed to vladimir putin and the russians. and if the russian president wants to speak about the russian nuclear arsenal needing upgrading, something he's talked about for many years, for the first time we have a president who is willing to talk about upgrading our out-of-date arsen arsenal. so i'm a big supporter. to return the compliment to denine, we've got to recognize that we are one nation on christmas day. we are not democrats and republicans. we're one nation under god, and we're all committed to freedom and liberty, and denine is at the top of the list. >> thank you. this is about wrong. >> exactly. >> and president obama, he also -- i think he's throwing a temperaturer tantrum. he banned offshore drilling.

he also -- >> correct -- >> -- unleashed regulations on the coal industry. my goodness, he has decimated the coal industry as it is. thousands of americans are out of jobs in that industry. donald trump has talked about job creation, growing the economy, and yes, to unite america as we should be united and not to divide us. >> and you bring up something you may want to comment opt president taking last-minute actions here. he is still the president until january 20th. she mentioned arctic drilling, that sort of thing. and the question is, will president-elect trump be rolling some of those back? some of those measures, the president doesn't believe that will be allowed. what do you think of the last-minute actions? not uncommon for presidents on their way out. >> no, it's not uncommon, but if you take the list of items that you were talking about, the president of the united states in the waning days of his administration is trying to change environmental policy, policy toward coal, policy

toward israel and, indeed, the middle east. he ran a largely feckless administration globally. sudden he he's becoming an activist with a month to go when the democrats lost the election. i think far better than to govern as he is now doing would be for the country to pull together as denine and i are suggesting and govern as one nation, were partisans. >> lovely peace between the two of you on christmas eve. doug, denine, thank you for joining us. >> thank you. >> thank you very much, molly. you know, president-elect trump, he's beginning to assemble his communications team. he's facing criticism that's between 149 days since he held his last news conference. our next guest says only certain members of the media may have access to our next president. and the ideology of radical islamic terrorists, they struck again at a very symbol of christianity. that christmas market festival in berlin. another attack has put many on edge across europe and not just there, here.

how isis in our country has managed for some to cast a cloud over the holidays at home. i'm stationed in alaska. i'm from asouza, california, and i want to wish my family and friends a merry christmas and a happy new year. start your day with the number one choice of dentists. philips sonicare removes significantly more plaque versus oral-b 7000. experience this amazing feel of clean. innovation and you. philips sonicare. save now when you buy philips sonicare.

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as europe recovers from the deadly terror attack in berlin, federal authorities here at home worrying of possible isis-inspired attacks on our nation's churches. the fbi urging police to stale vigilant after a -- to stay vigilant after a list of potential target surfaced on the internet. many at the world-famous st. patrick's cathedral in new york city are brushing off that warning. >> i don't think it's anything to worry about. >> things have changed, and we live in a different world. and you have to always be prepared. >> we trust the nypd to keep us safe. >> trusting it security and the police to keep us safe. >> police in new york say they've ramped up security despite no indication of any credible threats. well, an edible charity event in seattle, now in its 24th year. take a look. the ginger bread village raising

money for a very important juvenile diabetes research foundation. >> more than 100,000 people come each year. even though the event is tree, more than $ -- is free, more than $850,000 have been donated over the last two decades. >> it'sa wonderful that during the christmas time and hanukkah the spirit of giving, selfishness, caring for your neighbors and others, starts to come out. yes, we have the faith and those feelings, too, but something like what we just saw -- the juvenile diabetes foundation. >> and something people do every year, they always have something close to their hearts, the salvation army. my husband and i love the sellvation army. this christmas, i have my baby. yay. i had a baby this year. this year i'm particularly excited about having maryn's first christmas. >> is she good to be dressed up? >> absolutely. shee she's got the big christmas tutu. we're ready to go.

we'll continue. more news coming up. especially dialing with the white house and what will happen with president-elect trump especially when it deals with the media. we'll be right back. there's a difference between calling people out and understanding the role that the press plays in a free society. what donald trump has proven both as a candidate and now president-elect is that when people are wrong, he's going to hold them accountable. and he's going correct the record. >> we didn't go anywhere. that was incoming white house press secretary. he defended president-elect trump after mr. trump continually feuded with the media throughout the campaign. guess what -- the man who's been accessible for years to reporters in the past, he's not held a news conference in the last 149 days. he's tweeted, as you know. so with a lot-hate-will the love/hate relationship continue? adjunct fellow at the manhattan institute for research. pulitzer-prize winning journalist and author and fox contributor. judy, usually as you know, the president-elect, you know, they have a news conference like the morning after the election.

the american flags, 1992, remember bill clinton and al gore met the media. i was there on the lawn of the arkansas mansion. it was expected. is mr. trump stiffarming the media? >> he's not stiff-arming us in the sense that he has sent out a thousand tweets to us and to the world since he became president and since july, actually. but yes, you're right, eric. all the sudden, donald trump, who was on the -- he's become a shrinking violet. look, president obama, president-elect obama met with us 18 times before he took office. an and george w. bush met with us 11 times before he took office and that was before he won the race. nothing from mr. trump.

you know, i think that what he's doing is indicating that he's going to have a very different relationship with us. and we can't pretend that it's going to be business as usual because it's not. >> and basically it would be the same. let me play you a sound bite from her and get your reaction. >> this will be a traditional white house in the sense that you will have a great deal of press availability on a daily basis and a president at that continues to be engaged with the press. >> well, there it is trampt additional white house, do you buy that? we never had a tweeter-in-chief before. >> no. exactly. of course i don't buy that. everything about this administration, everything about mr. trump is unusual, is different. that's why people elected him or at least a lot of people. so i don't think we can possibly think that the man who calls us

sleaze bags will want to embrace us. he's not going to have a choice, eric. whether or not he meets with us, we are going to continue covering him. his press team will work overtime explaining what it is that mr. trump means by his tweets. look at the confusion caused by his tweet over the need to expand and strengthen america's nuclear arsenal. he's already explaining that america doesn't want an arms race. >> the guy -- i've covered him for decades in new york city -- he's been, in my view, one of most accessible big shots we've ever covered in my life. all you would have to do is call hiss assistant, pick up the phone, come on over at 3:00. he would talk to you. going back to 1980 or so.

how does this jive with the fact that he hasn't had a news conference in 149 days? do you think the lack of news conference or access of tweets suffices for the lack of conferences? >> no, it doesn't. it's important for reporters to be able to get him to elaborate on things he said. to clarify what he said, to specify what he intends to do. that's why you have a news conference. but he clearly didn't -- doesn't want to do that. for example, he was supposed to have a news conference on december 15th to explain how he was going to unwind, distance himself from his sprawling financial empire. all the sudden that press conference has been deferred until sometime in january, no date has been set because i think they are scrambling to figure out what they're going to say to us about these very thorny and difficult issues. how is he going to reconcile some of the claims and some of the statements he made during the campaign public what he attempts to do as president?

i think mr. trump is trouble working overtime, too, trying to figure out exactly how to reconcile what he did and said during the campaign with the presidency he hopes to run. >> and speaking of the campaign, here he is back in july. during the campaign -- he attacked hillary clinton. remember hillary clinton -- >> that's right -- >> 277 days. mrs. clinton went 277 days without a news conference. and mr. trump attacked her like day 237. here he is doing that last july -- >> so you know, i put myself through your news conferences often, not that it's fun. 235 days, no news conference for hillary clinton. you ought to check it out. there's a lot going on. >> it seems ironic he was attacking her for the same issue. he will have one. >> he will have one.

of course he will. when he feels ready. and remember, eric, you -- because you've covered him and you know what he's like, when he's ready, he will have one. and he won't have one until he feels ready. i think it beyond that, i don't think the press should have any illusions that this is going to be, a, ordinary or a usual relationship, and i don't think that we reporters can expect that he's going to embrace people whom he spent a lot of time during the campaign attacking. and by the way, that's fine -- our role is not to be his friend or his booster. our role is to ask the tough questions and to draw him out on issues of importance to this country. >> to be fair and objective and hold the public officials who represent us to the standards. yes. judy miller -- >> fair and balanced. >> fair and balanced. of course. happy holidays. good to see you on this christmas eve. thanks. molly? it is christmas eve. that, of course, means that the new year's festivities are around the corner. folks here in new york city are buzzing for a reason that you

might not expect. plus, we're all guilty of throwing caution to the wind when it comes to the holidays. we eat more. some of us might drink little bit more, too. up next, our guest has some tips for limiting the damage. ♪ [ crowd noise ] whoa. [ gears stopping ] when your pain reliever stops working, your whole day stops. try this. but just one aleve has the strength to stop pain for 12 hours. tylenol and advil can quit after 6. so live your whole day, not part... with 12 hour aleve.

they said it would arrive decades ago, but it took that long to build it. new york city final getting a new subway with the new year. the 2nd avenue subway train will start running on new year's day after a nearly 100-year wait. now of course, this is creating some serious buzz in the big apple. it is the same kind of project that president-elect trump is proposing nationwide. modernizing america's aging infrastructure. rob schmidt is in our new york newsroom with more. rob? >> yeah, there's a lot of work to be done. this project almost 100 years in the making. new york city's 2nd avenue

subway line days away from hoping phase one to the public. just the first phase of a project that cost $4.5 billion. this phase did. this line will someday service manhattan's entire east side. now phase one covers the upper east side. it's critical infrastructure. such an interesting time for this first phase completion as president-elect trump won the white house by selling the vision of american infrastructure first. mr. trump critical of billions of dollars going overseas. american dollars that could be usesed to rebuild our failing roads, bridges, airports, and trains. this is an area that the president-elect and some democrats appear to have a common goal. the devil will be in the details as to where money for this kind of spending, a lot of money, could come from and how to prioritize which projects would come first. new york city and much of the northeast needs a lot of attention with bridges deteriorating, antiquated highway systems, aging airports. mr. trump has an early ally in one powerful and highly respected democrat, new york senator chuck schumer.

it appears the two will have a good working relationship in this administration. and schumer has praised mr. trump for wanting to rebuild infrastructure and told abc news that mr. trump's tentative spending plan of $1 trillion on this over the next ten years sounds good to him. >> i'm asking congress to support the construction of new roads, bridges, airports, tunnels, and railways, all across this nation. and we will put our people back to work. [ cheers ] >> so any infrastructure plan would have to pass through congress, of course. controlled by some thrifty republicans who are concerned about where all of this money, $1 trillion, is going to come from. >> all right. fascinating. it is a lot of money. definitely there will be a lot of people excited to see new trains. >> sure. yeah. >> appreciate it. thanks. in oakland, the first lawsuit has been filed in connection with that tragic and devastate oakland warehouse fire that killed 36 people earlier

this month. the california couple who lost their 20-year-old daughter has filed a lawsuit blaming the building's owner, main tenant, and others for that overwhelming tragedy. we have the latest details from our west coast newsroom. will? >> reporter: hey. that warehouse has been called a death trap. really no surprise that legal action is taking place now. you may remember the skould ghost ship was filled with fire hazards, a makeshift staircase, a maze of wood earn furniture, and no signs of smoke detectors or a sprinkler system. so attorneys filed two complaints on friday. one on behalf of 20-year-old mikayla aggressionry who, according to -- gregory, who according to the medical exam for, died in her boyfriend, alex vega's, arms. her mother and father said there's not a day that goes by where they don't miss their daughter. they want justice for both mikhail ayla and her behave. >> we knew that they -- and her boyfriend. >> we knew that they had to be found together or trying to help each other.

it's just been really hard. but at the same time, knowing that they worked together until the end, it did help somewhat. >> a lawsuit was also filed on behalf of 23-year-old griffin madden. in all, three dozen people were killed in early december making it the deadliest fire in the united states in more than a decade. attorneys are casting a wide legal net saying the nine defendants in the lawsuit are responsible for a horrific, gross negligence. >> we have filed this lawsuit against the owners of the building and against those who are involved with the event. the promoters and the person who was putting on the show, and we've also filed against the person who was like the manager, renting out the place, and building these different -- the stairs that were made out of pallets. >> separate claims have been filed against the city of oakland and alameda county.

even though there were a number of complaints against the warehouse, the city has confirmed the building had not been inspected for the past three decades. so far, no charges have been filed in the case. at this point, eric, it's an open criminal investigation. >> yeah. astounding that it hadn't been inspected in over three decades. the responsibility of the city to keep its citizens safe. at least through the building inspector, one way to do that. thank you. molly? all right. as the world celebrates christmas, many of us drink and eat more food and stay up late. this all will affect a major organ -- the liver. how can we keep our liver from being overwhelmed? and how much abuse can this vital organ actually take? dr. nina radcliffe, private practice m.d. and anesthesiologist joins us now. thank you, dr. nina. great to see you. >> happy holidays. >> what are you going to do? it's the holidays. people are toasting, you see family and friends that you don't normally see. how do you stop from indulging?

>> this is a wonderful time of year. there's plenty of seasonal food and drinks. it does cause us to let things fall to the waysides. this can throw off our circadian rhythm affecting us in many ways. >> you mentioned -- that is fascinating. when you think about the holidays, you might drink or eat too much, but your sleep could be messed up. a lot of people are traveling, in the guest room, kids on the couch, maybe they're sleeping in their childhood bedroom one more time. tell me more, how hard of a hit does that make? >> it does. our internal clocks, circadian rhythm, fakes our bodies like our liver, for example. we want to avoid extreme behaviors, fine to stay up a few hours late, but try not to stay up past to hours. that can affect our sleep. >> what about the combination of these factors? you're up late, you're toasting, you're eating the extra dessert, pie, your relatives are like, come on, you got to have the chocolate cake, i made it just for you. >> it's important to understand

we think after the new year's we'll reset, get back into our routine. a short period of time, this can affect us. our liver is important. it does a number of different things. digests fats, it clears drugs, it breaks down toxins. it filters our blood. when this happens, the fatty acids can build up. our body may not be able to break down drugs. the blood pressure medications. those can build up. our blood pressure may drop. side effects may occur. even for a short period of time, this can have a hit on our body. what i want to say is that we do want to enjoy ourselves, we want to celebrate with you on friends. but we want to avoid extreme behavior. stay up late but try ton stay up past two hours. have a drink, maybe two, but to know and understand our limits. we want to avoid binge drinking. and then the following day, take a walk. if you can get some sunlight, it can help reset the circadian rhythm. >> you mentioned things people are thinking. in the new year i'll make a resolution. i'll hit the gym with everybody else. is that enough? can we just imbibe and indulge?

and then handle it all in january? >> we like to think that, but we never want to put off tomorrow what we can do today. like i said, even for a small period of time, it can offset our body's system. it can affect our livers. we want to start today and, of course, we want to indulge a little bit. having the egg nog or two, the extra slice of pie perks the cookies, these things add up. many times even our new year's resolutions with the best of intentions, many of them fall by the wayside within a week or so. >> is there one thing that you should avoid over the holidays? egg nog has a lot of calories. that's a favorite of a lot of folks. >> right. i want to always caution not just for this time of year but all times, we want to moderate alcohol consumption. it can affect our mind, our heart. and we want to look at it, we're starting to see that too much alcohol consumption can increase our risk for certain types of cancers. so always drink within reason with moderation, be careful. never get behind the wheel if you've had a drink. >> dr. nina radcliffe, thanks for joining us. merry christmas. >> merry christmas. you heard about that youtube

celebrity? he says he was profiled for speaking arabic on an airplane flight. that delta flight from london. now there's new evidence coming to light suggesting that he might have been looking for a fight. should there be legal repercussions for adam salay? >> people tell me, oh, leave right now. you know -- we felt like terrorists. this is not at all. my business was built with passion... but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... which adds fuel to my bottom line. what's in your wallet?

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claims that a delta airlines passenger was kicked off a flight because he was speaking arabic. that claim hit the internet like wildfire. the man actually is a well-known hoaxster. adam saleh, his fellow passengers set there was a disturbance, there was shouting, upsetting passengers, and that the reason he was booted off the flight had nothing to do with

speaking arabic. >> he stood up and started shouting, put his fists in the air and shouted something arabic. for no reason. sat down. a few minutes passed, and then he was up again. doing it again. he did it three times until eventually people said, no, we're not -- not happy with this. >> people were crying. they felt uncomfortable because -- it felt awkward. it was uncomfortable. there wasn't fear. it was just uncomfort -- like why is this happening in today's world. >> some accuse saleh, a youtube prankster, of purposely ensighting anti-muslim sentiment. this time mr. saleh says it's no joke. >> while we were getting accused of people telling us you need to leave now, we felt like we were terrorists -- looking at each other -- like this is not a prank. no prank at all. >> what should happen to saleh? our legal panel here, doug burns, defense attorney, former prosecutor, also here, trial attorney nolan cline.

welcome. doug, let me start with you. adam saleh has 1.7 million followers youtube. you look at his videos, he's done this before. what do you think? >> well, you have the facts and the -- factually there's a dispute. he says, i was kicked off the flight, removed, simply because i was speaking in a foreign language. in this case, arabic. delta said, no, cleated a disturbance. there's the factual dispumpt going in, there's some indication that he's done this type of hoax-type behavior. legally, however, i want to point out that interference with a flight crew which is a felony in federal court -- i've been in three cases, two as a prosecutor, once as a defense lawyer, you have to harass, intimidate, or threaten the flight crew. so i don't think you have that, and i don't think he's going to be charged with that, eric. >> nolan, do you agree? >> yeah. i think, first of all, this is not about adam versus delta. there is adam versus 20 others complaining about his conduct before they even left the gate.

and you can imagine what type of conduct causes 20 people to complain. i don't know exactly what he was doing, but certainly the reports are that he was yelling, he was ram bunk tour, making people feel uncomfortable enough to complain that they wouldn't be able to go on this flight with him. so it is a whole panopoly of people. upon junot just -- it is not ju delta taking issue with his conduct on the flight. conduct which is consistent with what he's done before in terms of pranks related to air travel. he's had at least one other racial profiling video that was depunked as a hoax by the smoking gun. and adam saleh himself acknowledges that this may seem like the boy who cried wolf because of his prior history. but this time it's not. that's the thing about being the boy who cries wolf. you can say, but this time it's not, and it's hard to believe you. i think this conduct really cheapens and -- and disswads from the attention that should be focused on real incidents or real sdrimds that may be suffered by other people who are

not just trying to get youtube hits. they may have sky high-youtube hits but he was grounded. >> that's the principle -- you go on youtube. he had one, apparently staged a fight in front of new york city police officers. one dressed in western outfit. another dressed as muslims to see if they would react for if you're dressed in a muslim outfimpt another, a woman -- outfit. another, a woman's hijab pulled off. and he dropped a wallet in the united states to see if there was any difference. i mean, should he be banned? i mean -- >> no -- >> i think -- if you were in the field in a baseball stadium, you would get banned for life. airlines have banned people for life. does this qualify under that? >> no. i think nolan lays it out well. the reality, that's why in law to bring it back to that arena, we have these rules. they talk about other instances, other conduct, when it can shed light and so on. and i think it's highly relevant here. these other instances that

both -- you guys have raised. should he be banned from delta airlines? i'm not really sure. o that one. that's a tough question. i don't think -- as i said earlier, i don't think he's going to be prosecuted. delta airlines could ban him. >> nolan, do you think he should be banned? he got rebooked on another flight, and they put him on another airline. >> virgin. >> he through back. what do you think should happen to him? >> well, based on his conduct as it's been relaid at least through the media and other eyewitnesses who were there, his conduct was such that he should probably be banned from flying in general. i wouldn't want to be flying with someone who's trying to get attention by provoking me or otherpansioners. and delta did exactly the right thing. the contract of carriage that he agreed to when he got on the flight said if he's going to in any way disrupt or make passengers uncomfortable, they have a right to remove him. he agreed when he got on that flight. and not only within their rights, but i think within the scope of their obligation to remove him if all of these passengers were uncomfortable. again, before they even left the gate. this is looking forward to a

trip from london to fwhoerk in guy. it seems to me that they did exactly the right thing -- >> yep -- >> you know. we're out of time. delta said there was a disturbance, that there was provocative behavior and shouting. and of course, their responsibility to everyone on board is to have a safe flight, and that always comest. so that is apparently what they did. thank you. and happy holidays. >> you, too. >> of course. >> happy holidays. >> molly? there's another shakeup also coming to the airline industry. alaska closing in on its deal to acquire virgin america this month. but unlike the big three, alaska does not plan on any big changes to its loyalty program. so does it make sense to switch to alaska? we will talk to a travel expert next. hi, i'm sandra wilson, deployed at n qatar. i want to wish my family and friends a season's greetings and role tidings.

just in time for the holiday travel season, another big merger in the airline industry, alaska and virgin are combining to create the nation's fifth

largest airline. and alaska isn't planning on going revenue based. unlikely american, delta and united you will still get miles for the miles you fly. merry christmas. >> merry christmas. good afternoon. >> let's kick this off. what does this mean for travelers? should they switch to alaska now? >> it is interesting. for the first time in a while a merger is actually a good thing for travelers. alaska and virgin had complimentary networks. and they are strong in seattle and some east coast and country flights and they represent an ability to compete against the big three. and with that distance-based program it isn't all about what you spend. so some may find a better home with alaska. >> what does this mean for my points? what does this mean for traveler's points.

>> at the outset it is a good thing. alaska and virgin are combining. you have the ability to move points back and forth. there are strategic opportunities where you have hotel points you can get bigger transfer bonuses right now while they work out the details. the points are all safe. everything you have suspect going away and you can still take advantages of partnerships with alaska has with american. and may sound od but you are flying american or delta and your best bet may be crediting to alaska because you will get more points or miles you can use for the future. >> what happens next? what's alaska doing right here as the transition is going on? >> well there are a couple of interesting things they did right away. they really want to own california. so they have already rolled out a few new routes out of the california going to popular destinations like orlando. and they are also working on making reward redemptions cheaper. now as little as 5,000 miles in

the alaska program can get you to over a hundred destinations they fly. i think they are trying to encourage folks to stay loyal. and show them hey you don't need a lot of travel with us to get something free. trying to build that bond. >> is there a way for travelers to take advantage of this? can they do something as this merger is going on? so take the best measures and get the most out of this? >> yeah, i think if you are a frequent business traveler, flying a combination of american, delta and alaska, you can get some of nose benefits back to theiesterier. and if you have points in the program there are a lot of good redemption options. a bunch of international partners. british errways. cafe pacific. and you can see the world using those alaska miles.

>> at lof people don't travel a lot of for business. for somebody who doesn't travel a whole lot but wants to do that big international trip, is this something to look at t? >> if you are only traveling on paid tickets, alaska is going to give you more miles for the flights. you are building up more miles quickly, which is great. and because they have so many different partners u one of the other things for the occasional traveller is the for a good number of awards alaska has for international travel, they don't charge fuel surcharges. which is one of the ways the big carriers get some of anyway money back for you. building up alaska miles can be a great way to get overseas i think it is a great option more the occasional traveler. >> lots of people talk about travel now. thank you. >> thanks molly. >> good muse when it comes airline points. you don't have to worry about your points. >> exactly. don't have to this i about it when heading for the plane. >> merry christmas and of course

happy hanukkah and want to thank you for spending some of your time here with us on this holiday. >> legends and lies the patriots is next.

news is the first draft of history. it is immediate and takes place in real time. legends take longer to develop and are sometimes based on myth. this fox news series looks at the truth behind the legend. previously on legends and lies: the patriots. >> my god. this is my army? >> you asked what i need dr.