and president-elect donald trump taking new steps to smooth his transition as the obama administration faces a fire storm over israel. hello, everyone. welcome to "happening now". >> nice to be with you at home and i amy leland vitter in for jon scott. >> mr. trump announced plans to shut down the charitable foundation to avoid conflicts of interest. this as israel takes aim at the obama administration for abandoning the israeli station

in the united nation. the president is playing defense in hawaii. peter, we have heard a lot of complaints from democrats about the trump foundation. are they now happy he will shut it down? >> reporter: no, they are not. even thoep the democrats have been urging the president-elect to do just this to get out of his charitable enterprises, we are hearing complaints about the timing with them saying there is something richly symbolic about donald trump to shuter one part of his financial empire that could affect people's lives. and a spokes person for the attorney general said mr. trump can't make dra thematic changes like shutting it down just yet because the

registration is probed by authorities in albany. and the tweet said. foundation is under investigation by a g snyderman and can't legally dissolve until investigation complaints. >> mr. trump said as president i have pursued my strong interest in other way. but just a few days ago, eric trump announced he would stop raising moneyy. trump said the pressure for his son to stop raising money for sick kids, was ridiculously absurd. >> more are on that with the panel in a bit. over the christmas weekend, mr. trump had things to say about his former rival. >> reporter: right. agreeing with with something

that put up said about democrats not losing with grace after the election. that's what putin said and mr. trump tacked on. vladimar putin said about hillary clinton. it is humiliating, one must be able to lose with dignitiy, so true. and that agreement with the russian president and american president seemed to set aside a nuclear arms race. >> they agree at least today. peter doocey warmer in west palm beach, florida than new york. >> and the u.s. is on defense after the u.s. abstained for a vote in the united nations. this the u.s. had used veto to

protect israel. and there is strained relations between the president and prime freedom netanyahu. what is happening behind the scenes, kevin? >> reporter: you are right. the administration takes great um braj at the suggestion they were behind the orchest traiting the u.n. security vote. here's what we received from the white house press secretary mincing no words. the u.s. did not draft the resolution nor did the u.s. introduce the resolution. egyptians are the ones who serbingulated an earlier draft of the resolution. he said the egyptians moved it forward on friday and we took the position we did when it was put to a vote. israeli leaders are criticizing

the u.s. for the vote. critics in the u.s. call it undemocratic. >> we have iron clad from sauerses in the arab world or internationally it was a push by the united states and that helped to create the resolution in the first place. and so it is deeply disappointing that it is the path of obama. >> to get even in the lame duck period and you don't have to worry about elections. that is a way to tie the hands of the lame duck. he pulled a bait and switch and it was so nasty. >> he's talking about the relationship between the president and netanyahu. >> netanyahu addressed the joint session of congress andy most

experts expect the u.s. relationship with israel to smooth over. but it may not be said for the unite the nations. listen to what president-elect trump is saying. he is drawing a lot of applause from the people in the u.s. he said to it the u.n. things will be different after january 20th. that is a day that he takes office and can't come soon enough for people. >> david key will join us on the show to break down the response of president obama. and he has new information for us. and right now more on what is happening behind the scene and what else president obama might do when leaving office. karl rove, and fox news

contributor, niece to see you, sir, and merry christmas to you you and yours. >> thank you, leland. >> did this unfold in the way the white house has the statement out. gee. we didn't orchest rate it and the israeli suggest a well planned ambush by president obama. >> i would tilt to the israeli version of this. and the united states could have stopped it cold. and donald trump talked to the egyptian president. and that would not have happened if the united states said you know what, the language is inappropriate. and it is the wrong time for it to happen and we'll use the veto assy we used it in previous years to kill the resolution.

>> and they are long known as a great diplomatic powers that they are. >> this is a christmas surprise. you think about it december 22nd pd and we heard about it from the egyptians and it is christmas eve and christmas. is there a new year's surprise come canning and more things that the obama administration has to pay back in the words of allen deshowits. >> the language is over the top. any territory that the israeli hold that was not in their possession in the 1967 before the '67 war there is no legalt . if i were the palestinians, i would say the starting point for any discussion of a two state

solution start with you withdrawing where you were in 1967. israel survived in 1948 and 1967 by luck and courage. and this is a hugy blow to an idea of negotiated settlement with the israelis and palestinians. the president could have easily stopped so. but in the remaining days of this month and 20 days in january, this will not be the last time by something he does. >> israeli's are worried about what else might happen. and take you back to this time in 2000. george bush won a contested election and things were beyond raw when it came to emotions with the gore and clinton camp.

was this what president clinton was doing as well? was it this kind of undermining and lame duke of settling scores or during the transitions in 2008. >> there was none of this that i recall are. there was an incident not directed by president clinton and came about from the gore staffer and personal damage wrecked on the computers and offices in the old executive office building. >> and there is one of the great things about america. peaceful transfer of power and president clinton could not have been more helpful. and it was helpful to me when we made the transition. what can can we do when i leave office to make sure we have

a smoother and productive traps upon -- transition to help the new president, john mccain or barak obama to assume pour in a more efficient fashion. >> it is iny credible to get this kind of insight. and what was the specifics that president bush and clinton did. and president obama said was upon helpful and that you are note seeing done right now? >> a lot of what we it in 2008 is repeated by president obama. things he is doing we would not have is sold out one of our allies with breaking with american foreign policy. we would not have done that. but the personal willingness of individual members of the

clinton- white house staff to say what can we do to make the transition smoother and the intelligence briefings that president bush received courtesiy of president clinton. bush tried to legalize that. and he got congress to pass the law to allow members of both presidential campaigns to submit 50 names in the summer of 2008 so they could get the security clearance and the candidate won and would have access to the national security clear apse. and reach out to incoming presidential staff and opened up the white house to the incoming staff. and in early january 2009.

john bolton had an exercise about what would happen if there is a security incident on election day. there was a source threat of an incident that could take place on the national mall. and the obama staff were clued in before the transfer of power and the outgoing chief of staff and incoming chief of staff are on a video conference to deal with the threat. this is the kind of preparation. >> great insight and you have to wonder given the animositty we have seen whether that would take place if the transition takes place. appreciate you being here. >> and happy holidays. >> and china's navy stirring up tension in the south china seas.

and turkeyy demanding more help against isis in syria. is the u.s. coalition doing enough to help with theaur support. anything else to talk. but then i realized there was. so, i finally broke the silence with my doctor about what i was experiencing. he said humira is for people like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores.

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>> and a fox news alert now. investigators have ruled out terrorism in the deadly crash of a russian military plane. divers found fragments of the plane in the black sea.

the search screen right was headed to syria with 92 people on board including a famous russian armiy chiefrment kitty logan, has more on the crash, hello? >> reporter: as you sea investigators do believe it was not likely to be an accident. we saw that the search teams are looking for the crucial black boxes. wreckage is scattered over a large area. and you now the russian transport minister said the cause more likely to be a technical or pilot error. other therryes could be a poor fult gault or foreign object in the engine. several of these planes have crashed over the past few year and mostly used by the military

and not civilian airlines. >> it was not just any military flight. there was the russian famous choir was on board. and any idea how many of the men they recovered? >> reporter: this is a huge effort. y 3500 people thought to be be involved in the search and cover. 45 ships over a huge area and today, 11 bodies and fregmentes of the fuselage were found. they are looking for the bigger parts using drones and helicopters. and moscow people are paying tribute. 60 members of the choir were on the plane heading to syria to perform for the russian troops. and the plane crashed two minutes out of sochi.

>> and search and rescue in the middle of the black sea in winter is infer easy. >> and in china. the first aircraft carrier in the contested south china scene along with a flotilla of war ships. there was hundreds of sur73s to air missiles and sparking concerns that they will be put on the manmade islands. we have a senior fellow in the program on national security in the foreign policy research institute. thank you for being here today. na vid, the new information sounds troubling with foreign leaders saying the movementes are creating an environment of tension and mistrust. what do you make of what is going on? >> laura, it is in line with

what china said. they have stated over and over. they believe that the large swath of the chinay sea is their terititorial waters and projecting in the indian ocean. it is not a surprise. the chinese, we see the activities and one can say it is aggressive and worrisome. but it not a worry to be on a shooting war within china. it is their claim. they want this territory. >> in terms of what we are seeing on the satellite, they are not replacing old systems over there. this is new, right? >> that's right. this is the consistent steady march forward of the south china sea by china. sailing an aircraft carrier.

for us it is antiqua ted. they only had one since the early 90s. it is a dramatic leap forward can illustrates the ability that china has to progress forward. and the china saw our focus on the middle east and afghanistan and iraq as a great opportunity for them. it was time to go to the china sea. and pivot to the pacific. that has slowed down a bit. the barrier that china has in claiming all of the territory now is us. >> very good. and thank you for being here today. and great to have your perspective on that. >> thank you, laura. the music world is mourning a death on christmas.

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fox extreme weather alert. a white christmas in the great plains turned deadly in utah. it killed a 50-year-old man when his car hit oncoming traffic. he was simply going too fast. >> he lost control and hit by two vehicles. we investigated hundreds of accidents in the valley today. >> so many people p are stuck. the driver was not wearing a seat belt.

blizzard conditions shut down the highways in the dakotas. and whipping winds are causing whiteout condition and you would not get far in that. and rhythm're -- thousands of power outage and other parts of iowa with are under a high wind warning. and wind gusts up to 65 miles per hour. and you can can imagine what that does to the wind chill as well. and traffic conditions are going toy remain dangerous and slow down and be careful. >> right now, tributes are pouring in for singer george michael after his shocking death on christmas at age 53. will car is following this andy we have waited for details.

what more do we know in >> laura, publicist for george mike motorcycle said he was healthy leading up to hiss death and it appears he died from an are heart attack. they are calling him an 80 poster board in a tormented pop icon. many leaving flowers in front of his home in england. >> he had had 11 hits, i think and 1980's, you know, i grew up there and i knew all of the hits. it is very sad is news. >> michael had sold 100 million album and found success in the '80s with a duo. and then he became an international star. ♪ i got to faith.

♪ i gotta have faith. >> michael won two grammies and had eight number one hits. he was known at times for the things off stage. including run ins with law enforcement that had drug and sex and there were no suspicious circumstances of his faith. >> all of us think of the song last christmas and many people taking to twitter. what do the people near him saying. >> i heard that song and a lot of people taking to twitter including good friend elton john. he's in deep shock and lost a friend and generous sold and brilliant artist.

rip, george michael. beyond sad and a legend and far too young and simon cowel. you rest in peace, george. you were one of the greatest. he was 53 yearsy old. >> thank you for that, will. president-elect trump is getting ready to put his stamp on the american judiciary. dozens was vacancies in the federal level and how far reaching it could be and what it means for you. >> what some call the trump bump, the dow racing to 20 minute. and will the president a lengths deliver on his promises to the rest of america? we'll go in depth for that.

right now america's judiciary is set for a major infusion of new blood with more than a hundred vacancies on the federal bench. garrett is live in washington with the details. >> reporter: hey, laura, remember throughout the election vacancies on the supreme court

helped the president to win the white house. he would only choose a nominee from the list of 21 individuals that is widely praised by conservatives. that is expected to be one of the first items of business for mr. trump. beyond that, it is the lower court cans where the president will impact as well. mr. trump is set to inherit a high number of vacanciys that he will be able to fill with conservative justices. and 84 in the u.s. direct courts a lobe. that is significant. the supreme court can will hear hundreds of cases a year. but tens of thousands are decided in the federal courts. those lifetime appointmentes can have a huge impact on the country. >> he will feel the lower courts and there be federal court of a

peoples. and they decide the vast majority of the litigation in the u.s. in the next 4 or 8 years. president trump will impact the federal judiciary in the united states. >> reporter: when president obama took office. there were 54 vacancies and mr. truffle is expected to hundreds. >> andy we could see 20000 before the end of the year. so- called trump bump driving stock prices up since the election. and president-elect trump vows to create news and economic levels. >> andy we have a marco.

nice to see you. truth serum. really can the president change the economy in a way that we haven't seen since ronald reagan and create economic growth? >> yes, yes. >> you don't sound convinced. >> i have a two points to this. number one, we have a dramatic expectations in the current market since november prior to knowing that donald trump will be president. and nowy we have is new set of proposal that describe his plan in terms of infrastructure and trade can immigration touched on this as well. so, this is a pretty good chance and depends on skulgz. >> what is baked in to the dow and market is the anticipation.

the expectation of what mr. trump might do. doe we run in a situation everyone thinks he will do everything he says he can and you end up negotiating with the democrats and may not get that big of a tax. but the promises and that doesn't add up. >> tax reform will be the first thing we will see in the near term. what ever comes after that is yet to be scene. and the credit, and the validity and that we have to the u.s. market alone is great for all of us. >> great in terms of people with 401 key's. a great investors said buy low, and sell high. that's how you make moneyy. >> things are at an all- time

high. and what can folks invest in and still will appreciate in the first hundred years. >> buy low, sell high is flipped when making money. you can buy and hold over a period of time before you decide to sell. and we use options for that. financial technologies that are used in terms what are the payments and companies that are used to make payments over the internet are taking a chunk of the of the deals from the local banks. >> and another one that is promising is the. >> is interest rates going up they make more moneyy for sure.

>> and one thing that is fascinating when donald trump won michigan and wisconsin as well. and the there was democratic voters that were left behind. our fox news polls show how it happens. fox news poll is your family's financial situation since obama took off better off. 47 percent of the americans say it is the same and think back in 2008 before president obama took office. the dow is half. and unemployment is double. and yet 47 percent of the americans say they are just the same. how does

>> that is veriy we have to understand the baby boomers that are retiring and the labor force that is available in terms of the output data, it is a disparity. we are growing at a rate of two percent and yet our way thatty we are growing as a population in terms of work forces is 1.5 and there is a bit of change that creates the disparity that i am talking about. there are job and find them. right? >> you say there's jobs and really if you go to eastern ohio and western ken're pennsylvania where coal companies are out of business. and may not return. and a rising dollar that does not help domestic manufacturing. what policy ps will put people who voted for him to be back to work and not be in the same economic situation.

>> i think it is -- that is the expectation we have. >> give me specifics on rules. environmental or trade or are the exports or minimum wage, what? >> we are are talking about mostly regulations and allowing local banks to give loans to it people who want to start their own businesses and people who are in the markets to buy homes for example, these are the regulations. >> you are talking about fannieyy and freddiey and what can happen in terms of dodd frank. i appreciate your time. always the best. >> president-elect trump's team is having hard time with with the nomination process. we'll debate that.

and day after the christmas tradition. no matter how cold it is. and this year hundreds of swimmers took part on the swimming challenge.

>> it is night time in europe. people are trying to keep warm. hundreds of swimmers who took

part in the post christmas day trotradition in prague. this year it was 39 degrees. that is down right cold. the oldest swimmer is 87 years old and you have to think they paid entrye fees to do this. that brings up so many questions. >> like why are you doing this? >> keep working on it. >> the trump transition team will prepare for lengthiy confirmation hearings. setting up a war room to promote the nominee and fend off criticism. president-elect trumpy's choice may come under scrutiniy with possible conflicts of interest.

john heart is editor and chief. and former communication director. welcome to you, gentlemen. >> eric, start off with mr. trumpy's picks and has the tranition team to do we are talking about a war room. which are problematic. >> i think you've got the secretary of state is an issue. the treasury side will be issue. there will be prep. you will see more prep than before. i think the democrats are coming for blood. this is the first chance they can come back at republicans and certainly to fight back against what they see is this anger at donald trump being elected president. and so you are going to see the negatives plastered on the front of times square billboards and

ultimately, most will make it out of the battle zone because they are competent and different. and it is this difference is the trump platform. and i think they superintendent the underlying platform that trump get under. that's what i anticipate. >> we know the federal government and senate committee could be the first to uncover problems when they deal through tracks return and disclosures? >> they have to do an internal vetting and if they find problems get them out in the open and you don't want a last-minute surprise. all of these nominees went through intense vetting. and you don't want a surprise.

the election was not about washington experience. my old boss tom coburn was not a person with washington experience. james baker had no washington experience. and president-elect trump took the right path. he's bringing in people who are comp at the present time in their fields. >> they have been assigned a media person to manage the negative stories and a policy person to help them navigate through. how does it work? >> that is normal with administration. i think they will get bloodied up and slammered. but trump was elected because he is different and aspect- wish

wash and not a politician. >> >> john, one of the main goals and the names on the list that might cause problem and people might be concerned about. how about the ones that we are not thinking about that are problematic. there are surprises there. >> and we'll see the democrats fight this. and they don't have ideas and running on empty in terms of solutions. you will see them attack scott pruitt and devosz. and i am not sure they will bleediiy -- bloody them up. what it will do it bring the republicans together. the goal has to be preventing defections on the republican side. and thanks to harry reid that

allowed it to go through with a simple majority. and they can get all of the nominees through. and theyy reaction on the left will do nothing but create unitty and a sense of purpose on the right. as long as there are no silliy mistakes and that's the challenge with with not having last-minute surprise. >> we know that the next 30 days will be interesting. thank you for being here. thank you. >> well, the presents by now are unwrapped. did you get what you want? >> probable not. and maybe you want to take them back from the store. and we'll check in with one of the biggest stores. and the changing the guard, the

final countdown in times square.

. u.s. secretary banki-moon will press the count down to the new area button. the knew chief from portugal takes over. he will push the waterford crystal button to begin the official 60 second count down to 2017. saturday in times quare, watch it here on fox news. >> all right, this happens every year about this time. someone sent you a sweat near is ugly, and thankfully she added a gift receipt. rob ship, live from harold square in new york city. a lot of sweaters going back to

macy's. >> hay, it happens every year. the national retail center says about 40% of clothing is returned. that is a lot of returns when you talk about hundreds of billions of dollars every year. it makes it a very busy day here and week. macy's opened very early this morning. i think 7:00, opening at about 11:00 tonight. a little rainy here tonight. at least it is not freezing cold. they're open early, they're staying open late. a lot of people shopping. it looks like it is before christmas and not after. holiday sales should be happy but not as big of a piece of the overall piece of the retail pie. they said we will spend $655 billion in november and december, up 4% from last year, on holiday shopping and online sales around $117 billion.

that is a projection that we just talked to an analyst who said expect holiday sales to be rather flat. we're going to have to wait and see the final numbers on all of this because this is all projections. we don't get the final numbers until january. and when it is all tallied up we are talking about a lot of money. tracking spending in november and december make up 50% of annual retail sails in this country. that means that people are spending their money all year round more so than in just these couple months. people are more testing and lured in by bargains. people now expect bargains, they expect a good deal. so when people see those hot

bargains, they buy it in july, not at the end of the year. another big trend, as we wrap things up here, our experiences, a lot of these analysts are saying that people want experiences instead of gifts. they want the spa day. they want -- and also, a gift card instead of a gift. you don't have to return those things if they don't work out. >> thank you, rob. we have another hour here. >> that's right tensions are rising with our allies in the middle east. what the prime minister netanyahu is doing and how the white house is reacting. all coming up next on "happening now."

welcome to a new hour of "happening now." >> nice to be with you, john scott off today enjoying the holid holiday. tensions are getting strong. they are accused of a diplomatic ambush saying the u.s. orchestrated a u.n. resolution. the u.s. officially abstaining from that vote, instead of

vetoing as it has for many years. they say the u.n. did not draft this resolution nor did they introduce this resolution. the egyptians are the ones who started circulating an earlier draft of the resolution. they are the ones who did it on friday. >> and it is already late monday night in jerusalem. nice to see you, sir. >> nice to see you, jim. your government said they had ironclad information that the obama administration were behind it. they didn't just sit back like that statement would lead us to believe. can you refute what the white house is saying? >> i can tell you those sources are from the arab world and

internationally and we will share it through the proper channels, but there is no doubt that they are deeply disappointed in this security resolution. it is called the western wall. a place they have visited for years we are deeply disappointed. >> i get that you're angry, but there is a different between abandoned them and letting israel be thrown under the bus. it is very different if you push an ally under the bus and this bus being the u.n. resolution. were you pushed under the bus or did it simply get hit and the u.s. didn't protect you? like i said yesterday, the

evidence is ironclad. friends don't take friends to the current council. this is a deeply flawed body that is so obsessive with some things, it doesn't allow time to get to the hundreds of thousands of syrians that have been slaughtered, but this is not the place to bring about peace. when they finall and work out that deal that we want so much. but when they refuse to sit down with israel, does that bring peace closer or push it further away. they're paying a monthly salary to anyone that murders a israeli gets a monthly salary. >> it is clear that he doesn't have a negotiating partner on the other side.

i stood at the same place that you are now. the sirens go buy, we hope everyone is okay, but it certainly under scores the tension in israel right now. we had staffing attacks, we had ambush drive over attacks. you have to be a little concerned that it will embolden new attacks. >> i think the resolution seeks to isolate and encourage parties around the world to treat israel differently. to distingish thing over another line if is true there is tension, but israel remains hopeful about the future and the world coming to israel in spite of this vote, and hopeful that base can be obtained. but what needs to happen will

not come about through ganging up on israel. it comes about through direct and bilateral relations. >> there was so fore shadowing, this coming to us from the jerusalem bureau. he just gave an interview on the main network there saying that in the near future secretary of state kerry will present the u.s. american government a vision to end the israeli-p israeli-palestinian conflict. he is expected to do do it baited on the 1967 borders. it is set to be done before president obama leaves office. how concerned are you about this

if it happens? >> we're concerned not because we don't want peace, but we have a lot of experience about how peace comes about. when they obtain peace, it comes about through direct negotiations, not imposing on israel a solution. so iage a future and i think they deserve to leave with peace and dignity, and that is the position of the prime minister to sit down with peace talks, but really, there are hundreds of call that's have been rejected and that is a travesty. >> i have to push back on you a little bit. there is an issue here around settlements that are building in lands. some are near jerusalem. so are away in what is generally thought to be any final agreement. the complaint is that your prime

minister continues to allow and encourage buildings on those settlements way out in the west bank. is that really the best way to achieve piece? saying we want to associate? >> the presents of jus in jerusalem has never been the source of this conflict. long before there was a single so called settler this conflict raged. and we didn't get peace, we got tens of hundreds of rockets. it is a settlement that they're talking about, it is tel aviv, and they are continually trying to under mind the idea of a

juish state. so the conflict today is not just about jews on this side or that side of the line, but it goes to the heart of whether or not there is room in the middle east for one jewish state. we believe there is. when that mutual recognition takes place, that mutual respect and dignity, we can have true and lasting peace. >> you fought for it, but we appreciate you being with us. if it proves true in form to statement, i expect we'll talk to you more in the next couple weeks, thank you, sir. >> president obama not slowing down in the final days of his presidency. he issued a flurry of last minute executive orders.

prompting ak sccusations he is trying to make life more difficult for his predecessor. >> he is in a desperate frenzy. he is doing all kinds of things to distract trump. >> let's bring in the editor for "the washington examiner" tell us more. >> you see president obama entered with an idea of hope and change, but he is leaving with a cloud of dispoint and enchantment. he worked very hard to defeat him in the general election. you're seeing a republican controlled senate and house.

passive democratic defeat, so there are so many aspects that he is slipping away and eroding a little bit. so i think he is trying to make a closing argument saying this is what my presidency was about, and continue to get the people who supported him for eight years, to rally behind him and against his successor. >> what do you think the reaction as ben and what should happen moving forward. >> they all want to miss their stamp on their time in office, the u but the politics, the promise of obama, eight years ago, just didn't come to pass. so you're going to see a new administration taking hold one

would hope that president obama might step back a little bit and not be so in the face of the american people. now that he will be out of office, but it is really looking like the opposite will be the case. he will be fairly young for an expreside ex-president, and he is committed to becoming more of an activist rather than less of one. >> how surprised are the people by this? >> i don't think it's surprised. it is in keeping with the president's personality, the political approach for the entire time, he has been a national figure. i think he has been kind of low key compared to what i might have expected, but he is going to try to leave office with a bang. even with hillary clinton he had past history and baggage, but to be succeeded i think is a slap to him and i think the president

wants to recast this so that make four to age years from now people are still thinking about his legacy in a more favorable way. >> okay, jim, thank you. good of you to be with us on this day after christmas. thank you for being here today. >> awe fierce winter storm is pounding the western united states and the planes. how it is affecting holiday travel as millions of people head back home. plus, fans are now remembering george michael. a day after his death. why he is also being remembered for generosity over the years.

so, mr. harris, we have your fingerprints on the safe. a photo of you opening the safe. a post using the hashtag "#justrobbedthesafe" so, what are we supposed to think? switching to geico could save you a bunch of money on car insurance. excellent point. case dismissed. geico. because saving fifteen percent or more on car insurance woo! because saving fifteen percent or more on car insurance is always a great answer.

>> fans are remembers george michael, his manager said he died of heart failure. several british charities coming forward to praise him for the millions he donated over the

years. on the phone now is harvey levins, good to have you with us today. you're so plugged in, you know so much about celebrity, and it really appeared to be a sudden lost. i feel like we have not heard a lot in recent months, have we? >> no. he has been working on a life story that would air on showtime in march. he was keeping a low profile over the last couple months. he gained a lot of weight. no one is saying yet what cause of death is, that said, he struggled for many, many years with drug issues, alcohol issues, and he died at 53 in his

sleep, his heart stopped. i'm not about to speculate on what it is, but you know, he did have a rough life. and went through a lot. >> we heard that he passed away on christmas. he had a song last christmas. i imagine that he had family and friends with him at home. do we know anything about how he was found? was he surrounded by people? did he have people in the house. . >> from everything that i'm hearing, he went to midnight mass at a church near his home, and he didn't show up last night, i guess early yesterday morning. so i don't know what time it happened, but it sounds like from everybody that we spoke with that it was pretty sudden and it wasn't as if people were sitting around knowing he would pass. it sounds like from everything that we're hearing it sounds like it was unexpected.

>> the news of his death has been so surprising and shocking, family, friends, musical collaborators, we're also learning more about his private life, specifically about how generous he was with his money and also his royalties. >> george michael has done a lot of work with elton john for aids. i know that he and elton john were extremely close and they were doing that for many years. what is kind of coming out is that he would sometimes just do random acts of kindness. he would see someone on television or see something and he would help them, and he was very generous. but that is not something that happened recently.

he was very public about it. >> what do you think, before i let you go, as we remember his life, his legacy, what do you think was the biggest hit, was it wham, was it solo work -- >> both, i will say that there are a lot of people in george michael's position where he is in a b musical group, and people say he is done, but he had a really amazing second life in music. and you know the sonding that he came out with in the 90s, i think everyone says in music that he was brilliant. and people were stunned that someone from wham! and by the way, i don't think anyone disliked wham, but the

level of quality in the songs that he produced on his own, it was amazing. and i will say that we checked with spotify. the streaming for his music has gone up over 3,000% in the last 24 hours. and the top five are "last christmas," "careless whisper." "wake me up before you go go" so they got a little of both. he was a writer, he did arrangements, he produced. a terrible loss for sure. george michael, dead at the edge of 53. blizzards are causing problems for people across the united

states. police say yesterday that a 52-year-old man died in what was a three-car collision. >> we investigated many across the valley today. >> they have been telling drivers to slow down if they have to be on the road. heavy snow also pounding parts of arizona giving the state a rare white christmas. flagstaff saw 14 inches of snow. winter storm knocked out power to thousands of folks. they say 8 to 15 inches hit parts of the state. more could be on the way. officials shut down highways and telling people not to travel. new developments in the search for a russian plane. what authorities on the scene have recovered.

not exactly a christmas surprise that you want. a town in michigan is under a state of emergency after a massive sink hole formed quite literally opening up the earth north of detroit.

already one home has partially collapsed. more than a dozen other homes have evacuated. it is not clear what caused the sink hole you can see there. authorities say it could be linked to a possible sewage problem more than 50 feet under ground. those don't end quickly. >> authorities say they have now found pieces of the aircraft near the edge of the black sea where it went down. what else do we know? >> the at the early stages, investigators don't yet know what caused the crash. they say they have ruled out terrorism or possible deliberate act. today we saw they were still looking and had not found the crucial black boxes that let

them know more. that scattered over a large area and it makes it much more difficult. it is a huge effort. many people involved in that search. meanwhile in moscow, people are paying tribute to those who died, particularly those musicians on board, outside of the base of that choir in moscow, playing flowers, lighting candles, 16 members of that alexander choir were on the plane, coming to sing for russian troops. they decleared it an official day of mourning for the people on board that died in that crash. there was able eight journalists, a well-known charity worker, the crew, of

course the cause of the clash is likely to be a technical fault or pilot error. it crashed just a few minutes after taking off from sochi. the recovery efforts are planned to be continuing for some time. critical comments coming days after turkey lost 17 troops trying to recapture a syrian border town. nearly 40 have been killed since august. no reaction yet to the complaints from the united states or their allies. something that president trump will have to say about it. >> one of the first items on

president-elect trump's agenda is filling a seat on the supreme court. so how will he go about reshaping america's judiciary for years to come? >> speaking of the president-elect, critics say the outside near pledged to drain the swamp is putting together a team that resembles what he criticized during the campaign. is that fair? >> isn't it beautiful, all of the wall street money that went to help crooked hillary.

politics do not stop far the holidays. donald trump says his charity will be shut down as he takes office. >> good afternoon, president-elect trump says his charity has done good work, but he is dissolving it to avoid the appearance of conflict. he says i will be spending so much time works as president to address the countries facing the world, i don't want the appearance of a conflict of

interest. eric schneider mman says the investigation will stay open. he says he cannot legally dissolve the charity until the investigation is finished. he says he failed to register with the state. he claimed the trump foundation found charity money to bay for lawsuits for his businesses. they say it has been a flush fund for him to bribe elected officials. we're glad he is shutting down this corrupt interpride. the trump transition team says he is motivated by politics in this investigation. >> and president direct facing

the task of filling an open seat. experts saying that gives mr. trump an unusual opportunity to reshape the country's judicial system. >> for more on this, our political panel. joe walsh, former republican congressman from illinois, nice to see both of you. first o you on this. first, the sense that the supreme court vacancy could be one of the longest lasting parts of the trump presidency? >> absolutely, merry christmas, grease great to be with you. this is a big reason why trump won. not just supreme court vacancy,

but his opportunity to double the number of federal judicial appointments that barack obama made. i think it is in this area where trump will do what he said he would do, and pick people who will represent judicial restraint and adhere to the constitution. and this will have a lasting impact. it is a great opportunity for trump. >> is this something that democrats fear more than tax reform. >> tax reform could be much better than this. he said he wanted nine justice scalias. so it is concerning, and joe is right, when you look at the lower court where obama regulations have been overturned, he will have a lot

of play there. he is in an incredible position coming into this presidency and it is something that we wanted very badly for this reason as well. so tax reform, please, over supreme court nominations for sure. >> give us a sense here, we're talking about 103 vacancies right now versus 54, and a lot of them can be confirmed up or down, essentially a filibuster. how big of a different, the headline is all of a sudden the supreme court. how big of a different do circuit and federal court judges make. >> things like gun control, the impact the judicial o points can have, and we're talking about for years are greater than a typical piece of legislation.

this motivated a lot of trump people to come out and vote. they were aware of not just -- donald trump on the campaign trail said antonin scalia, he was not just talking about a supreme court appointment. he was talking about people that represented scalia's philosophy. >> if i could just expand on that. they say we don't like this guy, he is inherently liberal. he said things that were disturbing. and they turned out for him. >> but we did see that, as the polling showed that and interviews showed that we may not like or agree with everything he says, but we will vote for him.

what do the democrats die on? say we will filibuster? >> i'm not really sure we have not been. some people are still holding out for merrick garland. but i'm not really sure when -- what we will die on. i think we should focus on the lower courts more than the higher courts possibly. a lot of this is done at the state level, especially in terms of a woman's right to choose. what has done on in texas and other southern states. lower courts will be more of the focus i think, but -- >> let me ask you this one quick question. you heard jessica say dakotas reform would be great compared to the ju dish yash.

is there a time when they have as much political capital to bargain with as they do right now to decide what they want they can get, athey will, if you will, have a boot on the neck of democrats in the senate and the house. >> in 2010, we just controlled the house. the trump team, along with house republicans, a talking about moving very quickly on a lot of legislation. i think they will move really quickly on their supreme court pick and other judicial picks. they will be on offense, and they want to do this like almost a blitzkreg. >> joe is right, i rarely say that, but. >> i see you agree, but you don't look that happy to be

agreeing with him. >> it is a tough battle. i think we have a chance of regaining seats in 2018. i think it's possible, i think we should focus on things like the structure spending bill. the fact that donald trump is open to a trillion dollars worth of spending is great. we need to protect as much of obama care as we can. that will be critical. it will be difficult fighting for these justices on federal court level and local, too. it is a tough one, we're not doing well, it's not a great year. >> we praesht you being here, a lot of fun, you may not be happy with what you agree on, but you agree on something. >> we do what we can. >> thank you.

a deadly car crash starting a desperate search for a missing person. and who the families are claiming are responsible. >> our daughter will never come home. there's not a day that goes by that we don't miss her. she was a good kid, we just want justice.

test.

a car krish in south florida at skilled two and one is missing. one person in the car, that

makes four people in total was able to get out and swim to safety. so far no word on the crash there in florida. >> following a wrongful death lawsuit. the attorneys bringing complaints on behalf of two families. including the 20-year-old college stunt. mary alexander says there was plenty of blame to go around here. filing the complaint with the events, the promoters, and we also filed against a person he was like the manager.

>> the stairs were made out of palettes. let's bring in jeff. we have the first lawsuit here, it's understandable that the teams want someone held accountable. as of light now, they're private civil lawsuits, not criminal ones. >> right. it is negligence. they breached a duty. as we pointed out, one is the owner of the property, the promoter of the concerts, and the city of oakland itself.

which is much more difficult. >> so a lot of people talking about the warehouse, and if anyone has been to a warehouse party, it is hard to get out and to pay attention and understand what is going on. they may or may not know people are living there. >> you make a good point, that cuts two ways. on one hand you're not supposed to have people residing there. and you're not supposed to have a concert there. but it might go the other way where it something does happen, it's not necessarily as much their fault. as far as a criminal case, i don't really see that on the or ri zon. >> when the lawsuits are files, the private civil lawsuits, who will have to payout. are they the people who own the

building? >> no, it's a good point. a lot of it doesn't involve insurance. . but basically, back to the three part formulation, you will have the promoters, the concert, and coming back, the point is they had not expectinspected this pr. >> this is the deadliest station fire. when the band great white performed. but were going back over the legal style tonight club owners, they were charged with

involuntary manufacture. can we see something like that for this? >> you could, but what you need there is like additional knowledge, you know, before -- like in criminal law we talk about a smoking gun. so say they had a conversation like i know we're not supposed to have that concert, and we know it is dangerous, but we're going to do it anyway. so i think it is unlikely, but if something develops you might see it. we have far more to go on that. thank you. >> leland, back to you. >> the presents are unwrapped, and chances are there are a few things under the tree that you might need to exchange. retailers are expected millions of shoppers to make returns this week and others to put the new gift cards to use. the things to remember if you plan on going to the mall in the next few days. of your totaled new car.

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hello, the fox news deck. there's word president-elect donald trump and his team are gearing up for a big fight with democrats. so for some of his cabinet picks, i'll be talking to a pair of political insiders about what to expect in trump's first 100

days. one gop strategist says it's going to be much, must-see tv. all of that coming up when i fill in for shep on "shepard smith reporting." actress carrie fisher now reportedly in stable condition at a los angeles hospital. three days after having an apparent heart attack on a flight from london to los angeles. her mother, debby reynolds, giving the news on her daughter's condition, miss fisher has a history of bipolar disorder and addiction. there's no indication, we are told, that she had any heart problems in the past. all right. here we are, the day after christmas. and now that all of those gifts have been unwrapped and you've done away with all that wrapping paper, i know you have, holiday return season is starting. millions of shoppers flocking to malls and big box stores this week to use those gift cards or try to exchange those gifts that just didn't work out.

many stores expecting to see a steady stream of shoppers through the middle of january. lots of shopping to be had. rob smith live in new york. he's at harold square with more. repo all right, robert, are you seeing people going in with bags more than coming out with them? >> reporter: not a lot of bags in general. a lot of people window shopping i think today. laura, i always ask myself, why would you ever get somebody clothes for christmas because it's a particular thing, how do they fit, how does it look on them? the national retail federation says 40% of clothing as a gift is returned. can you believe that? that is more than things bought online returned at a rate of 30%. it's an incredibly high rate, really the week after christmas a lot of it is all about, it's about the big bargains to get rid of what's left and returns, people taking things back. billions of dollars worth of stuff. holiday sales this year expected to be healthy. not as big as a piece of the overall retail pie. macy's at harold square, packed

with people. everybody is out today. can barely get in the door. we're going to spend $665 billion. in november and december this year, up 4% from last year. that is their projection which also says online sales are going to account for $17 $117 billion. expect sales to be flat, retailers have to dig deep and give deeper discounts to hit the same numbers as last year. it's going to be a wait-and-see game until january when the fin final numbers come out. according to the retail economists which tracks spending, november and december now account for 21% of the year's retail sales. and that is actually on the decline. it used to be at about 25% at its peak and that has a lot to do with a lot of online shopping, and people now just expecting sales, people really looking for better deals. i think ever since 2008, since the economy crashed, people really looking for those deep discounts, those bargains because they know they can find them. they're not saving everything up

for, you know, right before christmas to buy stuff because they know that sometimes is when stuff can be the most expensive. everyone, though, does want a bargain, of course, and we can tell you that two of the bigger trends that we read about and talked to people about today were, one, people instead of wanting gifts, are looking for experiences now. like a spa day or like a trip somewhere. and also gift cards account for about 25% of the gifts that are bought. because then you can go out and get whatever you want. you don't have to return things when you get someone a gift card. we'll send it back to you. >> you're making me feel a little bad, rob. i'm thinking i got my mother and nephews walter and jonathan clothes. i did include gift receipts. so hopefully, you know, everything's -- >> reporter: you might need them, yeah. >> all right. rob, thanks so much for that. >> i'll take anything, clothes, gift cards, you name it. not picky. all right. this young woman soared into olympic history and captured america's imagination. we all remember this summer. now there's another milestone

achievement for gymnast simone biles.

we all remember her from the olympics, of course, this summer, olympic gymnast simone biles vaulting her way to the title of a.p. female athlete of the year. wonder if you get an extra gold medal for that. the 19-year-old put on a show to remember. four gold medals and a bronze. some already calling her the best gymnast of all-time. she won the av.p. female athlet of the year award 39 out of the 51 votes. the male athlete will be named tomorrow. as long as it's not tom brady, i'm okay. >> i'm going to leave that one. and for the second christmas in a row, "star wars" sending the holiday box office into hyperspace. the latest installment titled "rogue one" taking in $96 million in its second weekend of release. that brings its domestic toelldo $300 million and more than half

a billion worldwide. not bad. "star wars: the force awakens" topped the box office last christmas, you might remember, if you keep track of such things. >> if you do. this guy, new record for sailing around the world, all the time we have to tell you about it. three seconds. greg jarrett's up next. president-elect donald trump saying he plans to dissolve his charitable foundation to avoid any potential conflicts of interest. while the new york attorney general says not so fast. trump cannot legally dissolve it because the foundation is under investigation. and, anger over israel, the israeli government slamming the white house for united nations resolution condemning the country's settlement. we have the fallout and a look at how the trump administration might play things differently. and it's not just the u.s. supreme court with an opening, turns out donald trump will have about 100 judicial slots to fill and his choices could affect our country's laws on everything from abortion to gun controlnd