talking about protecting obama's legacy particularly obamacare right now as we continue with traditionally what is happening on the 115 congress opening today. joe theismann, you, julie roginsky and myself, we are going to have to hand off to "happening now." >> starting next weekend, the playoffs start. >> see you. >> you do have to give the jewelry back when you're on the air but it is nice to get a trial run peered once again, here is told us a little bit about this but the news of the hour, senate minority leader chuck schumer talking about the democrats plans for this congressional session, and he is speaking directly to president-elect donald trump, let's listen in. >> drain the swamp, pay attention to working families, but my friends, since the election, he seems to have forgotn that. looking at the cabinet, which is

stacked with billionaires, corporate executives, titans of wall street, and those deeply embedded in washington's cart of powers, it seems that many of the campaign themes are quickly being abandoned. he said he was going to un-rig the system. so far, it still looks rigged. too many of his cabinet picks support the same hard right doctrinaire positions that many in the republican party have held for years. policies the american people have repeatedly rejected. if president-elect trump lets the hard right members of congress in his cabinet run the show, if he attempts to adopt their time born policies which benefit the elite, special interest, corporate america, not the working man and woman, his presidency will not succeed.

maybe not in the first 90 days, but certainly in the first two years. unfortunately, that seems to be the path he is following throughout the transition. so, mr. president-elect, if there is one part of my speech that i hope you listen to and take to heart, it is this one, and i mean it with the best of intentions: if you abandon change and simply embrace the shopworn, hard right, pro-corporate, pro-elite policies, diametrically opposed to the many campaign themes that helped you win when in class votes and get you elected, your presidency will not succeed. we democrats will hold you accountable -- -- >> if there is any question what the attack line would be from the democrats, we have our answer. summarized by senator chuck schumer taking on president-elect donald trump directly as he had opening comments to the 115 congress talking about that trump team as

being billionaires, talking about mr. trump's position as being may be potentially too hard right, and seeing if mr. trump lets the hard right run the show come his presidency will not succeed. there is the opening page if you will, eric, as we join back into the show. we will be watching the senator for anymore news and trump and his twitter feed for reaction. >> eric: and the incoming senate majority leader also attacking twitter or mr. trump's use of twitter, we will talk about that. first we start with what is being called a decisive win for the president-elect and his first battle with those on capitol hill. >> jenna: this is interesting, house republicans voted to strip power from the congressional ethics office but reversed themselves fast after harsh criticism of the move from president-elect trump. we are covering all of the news "happening now." general motors finds itself the target of a tweet from president-elect trump coming out the auto giant is firing back.

plus, they say they know what caused the explosion of this rocket and is not ready to resume launches. also, was it an accident or murder? and an attorney shoots his wife dead, just happen to owe her hundreds of thousands of dollars at the time. this is all "happening now." here is the fox news alert, brand-new year, brand-new congress convening, republicans controlling the house, senate and varies in the white house, welcome to the second hour of "happening now," i am jenna lee. >> eric: i'm eric shawn info jon scott today. congress now in session with publicans pushing an aggressive agenda including repealing obamacare, rewriting tax codes and softening some environmental regulations. democrats are promising to oppose many of donald trump's cabinet nominees. meanwhile, voting for the speaker of the house has begun with paul ryan expected to be reelected shortly. >> jenna: you can see live at trump tower, we begin with

mike emanuel on capitol hill. >> good afternoon to you, there is a first day of school feeling here as battle lines are being drawn on capitol hill, a lot of smiling faces, he a lot of people who are new faces and also family members at the 115 congress as it gets to work. in the house, he mentioned about for speaker, that is the first order of business, it is taking place this hour. paul ryan of wisconsin enjoys the support of president-elect donald trump. he is expected to win, but they are going through the vote count right now. there was an unforced error as house republicans voted last night to reform the outside office of congressional ethics, plan was dropped a short time ago after house leaders had a difficult time explaining the move. >> first of all, it doesn't get dissolve it so i am not in favor of dissolving it. i was not in favor of moving forward in the rules package with it because i thought we should take it by itself in a bipartisan manner because there

are people on both sides of the isle that would support these reforms. the ethics committee will still be there. >> on the senate side, mitch mcconnell continues as the republican majority leader, democrats have a new leader and chuck schumer who replaces the retiring harry reid. the question is where schumer and other democrats will find common ground with a new republican president. some democrats say they are hoping to work in a bipartisan way on the controversial issue of trade. >> we are here to hold mr. trump accountable for his campaign promises to renegotiate nafta and to promote good jobs and good wages. we believe with the coalition that can come together, republicans and democrats, that we can do that. >> the new senate democratic leader chuck schumer said that democrats will hold president-elect trump accountable and will resist when necessary on a variety of issues, he talked about essentially what is the plan and

terms of healthcare after repealing obamacare. the battle lines on capitol hill are being drawn. >> jenna: we are witnessing it life with senator schumer there, thank you very much, mike, lots to talk about today. >> eric: already a busy day for president-elect trump, a number of new faces heading into trump tower for possible positions along with more tweets that have been fired off from upstairs in that building as you look live at the lobby. the new tweets targeting some new issues including denouncing that move by house republicans to try to weaken the independent office of congressional ethics. apparently, the tweeting prompted them to back down on the controversial move just a few hours later. we are being joint outside trump tower in the rain outside, hello. >> the president-elect was putting a lot of pressure on members of his own party to essentially focus on the things that got them elected and not on weakening that congressional ethics office. he was putting pressure on them on social media, as he often

does, this was his argument. with all that congress has to work on, do they really have to make the weakening of the independent ethics watchdog as unfair as it may be the number one act and priority? focus on tax reform, healthcare and so many other things of far greater importance. with the hashtag for draining the swamp. on his owning sure this money, incoming counselor kellyanne conway explained the thinking like this. >> he will have to see all of the evidence and see what is in the briefing. remember, you are not saying it now but many people on tv tried to conflate any russian hacking that may have occurred with their election results, and that has been conflated unfortunately where people are still trying to find a reason why hillary clinton lost. you cannot deny it. >> eric: >> the president-electa shot at general motors. "mexican made models of chevy cruze tax-free across the border, making usa or pay big border tax."

they got a quick response from gm who said this "general motors manufacturers that chevrolet cruze sedan in ohio, all chevrolet cruze sedan sold in the u.s. are built in gm's facility plant in ohio, they build the chevrolet cruze hatchback for global markets in mexico with a small number sold in the u.s.." trade continues to be an emphasis for the president-elect, and today he didn't name someone to his team that is going to be a major player in helping make better trade deals, something he can paint a lot on, his united states trade representative is going to be robert lighthizer, he is a veteran of the reagan administration who is coming aboard to help strengthen manufacturing here and keep jobs here as well. >> eric: very busy morning both at trump tower and capitol hill, thank you. >> jenna: congress awaiting the first day for a president-elect donald trump but one of the things we are looking

for and forward to is what the first 100 days will look like. we know it will be busy with the republicans in control on capitol hill. topping the agenda is repealing obamacare, tax reform, cabd, a . we will bring in the editor-in-chief of the organization and another. it has been a busy morning, gentlemen already. we are seeing congress doing something, president elect trump tweets, goes away, what do you think about that half-day it has been? >> it shows that donald trump is calling the shots even when dealing with rules of the house, is vague 8 big controversy with this ethics panel, he didn't tweet about it, and now it is h, republican leaders in congress had to backtrack. i think now it shows that there could be some distance between donald trump and the republican congress, and clearly, he called the shots today because once he sent the tweet out, then the

republicans in congress backpack and scrapped what they were going to vote on. >> jenna: what does that tell us about president-elect trumps leadership style in what we will see from capitol hill? >> people backing him are hoping he will have an active role. i could not believe this was going to happen anyway before donald trump tweeted it, congressional leaders were against it, seems like they snuck it through, now smacked down as an unforced error, but one of his closest advisors is mike pence, man of the house of representatives. i expect to see him down and congress more often than we have seen a vice president, talking to the senate and house republicans to be integral in reinforcing paul ryan in mitch mcconnell in their roles from the white house. >> jenna: here we go, we can watch the house house and senar live. we can see wisconsin senators, wyoming, already a resolution for the repeal of the affordable care act. news on the ethics committee, they realize the effect on everyday americans may not be that much, but the obamacare

repeal could have a real effect on all of us. how do you see this going, and what practically is going to happen? >> look at it practically, we are going to see the repeal motion, that does not mean obamacare is repealed automatically. the big question is how long is it going to be repealed? they are going to decide in 2-3 years, obamacare will be repealed so that gives the republicans time to come up with a replacement pair that is actually a bone of contention right now among republicans whether to do 2, 3 or 4 years. those benefits people are getting now, they are still going to be in effect for 2017 and 2018, but the hard part is actually not repealing it. the hard part is going to be replacing it and that is not going to be done right away. >> jenna: we are also seeing reports that democrats -- we don't have to see the reports anymore, we just heard from senator schumer, we see the attacks from democrats on what republicans are trying to do by taking away this plan that so many americans are being

affected by. what are you watching as far as the attack from democrats in again, practically, what can actually be achieved in the first 100 days and beyond? >> chuck schumer gave us a really good playbook of how the democrats are going to attack trump. they are going to attack him as the of businesses, of wall street, corporate executives and some of the folks he has advised with. not many people were excited he was coming to office so we will see how that works. i think the democrats are going to have a good bone to pick to separate and show some life between donald trump and the senate and house republicans is over the infrastructure bill, that is something donald trump has promised as basically a stimulus. infrastructure is necessary, interstates need to be repaired but people like paul ryan who are fiscally conservative will give him pushback and that will be a place democrats try to create light between them. >> jenna: curious, watching them come together, is this going to be the same old, same old for americans, bob and chris, i want your final thoughts on this. what do you think is going to be

the real-life effect of any list of that agenda item we have mention, obamacare, the roads, tax reform, how do you think practically we are going to be impacted by this new leadership in the republicans dominating both houses of congress? >> trump has promised big changes, and he has to affect the lives of everyday americans including bringing back jobs to a lot of the states along the rust belt. i think whether it is tax reform or healthcare, people bottom line are going to be changing peer democrats say for the worse, but there is no doubt about it that this is not business as usual, and donald trump is going to try to do some things that his predecessors have not done. >> jenna: chris, your final thoughts? >> president obama is the democrats, they were trying to get everyone insured even if that is your first goal, people lose their insurance. there is going to be some chaos because the system has changed so dramatically he cannot someday be undone. also people will see big differences on tax reform. this is the first time you can

say with a straight face, tax reform will be easy, everyone seems to be on the same page for the first time in a while. >> jenna: i will hold you to that, we will see. some people call it chaos, some say creativity. thank you to you both. we will be lye right back with . ♪ eyelove is all the things we love to do with our eyes. but it's also having a chat with your eye doctor about dry eyes that interrupt the things you love. because if your eyes feel dry, itchy, gritty, or you have occasional blurry vision, it could be chronic dry eye. go to myeyelove.com and feel the love. imy moderate to severeng crohn's disease. i didn't think there was anything else to talk about. 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

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he is playing chess, everyone else's playing chutes and ladders, he is 20 million twitter followers and he can speak directly to those followers, and at the same time drive the news cycle while setting the agenda on his terms, and who is going to bet against him at this point? it worked in the primary, it worked in the general election, and i would not get it won't make hip work at presidents. >> eric: critics say there is a line, they pick on the way he writes like saying so many of my enemies lost badly, or at the exclamation point, what is wrong with that? >> to the point of 20 million followers, kim kardashian has how many, should she be president? this is not presidential. if we are looking at a game of chutes and ladders, as a mother of eight and nine euros, it is not presidential, but it is also childish and dangerous behavior. americans want transparency, it would be nice to chat with our president but when you are making careless remarks regarding nuclear weapons, that

could result in problems for an ally like south korea when you are angering a dictator in north korea perhaps with just a few characters or when you say something negative about an american citizen who may not be in favor of you like a former union leader, they get death threats, this is irresponsible behavior, not presidential behavior and he is really going to change this mode of communication and take this job more seriously. >> eric: what if he doesn't? this is him, ronald reagan calling the soviet union "evil empire," that is like a trump tweet. >> the problem is with former president reagan, who i thought was far more presidential, and i am a democrat, this is constant here you just pointed out how many things -- he can tweet many things in seconds. i have someone who is working in cybersecurity, he said where is he tweeting from? someone out there, china or russia could hack into that and actually get the device and

number that he is tweeting from. this is dangerous. this is not the way and ate leader of any nation in the world should conduct themselves going forward, and like i said, this could be extremely dangerous because there is no sensor here, it we do need some form of censorship when it comes to secrets that he will have going forward as president of the united states. >> eric: we don't know if he is going to reveal secrets, but ian, leslie has a point on some issues. is it dangerous, are you concerned? how does this go forward? >> the mainstream media and liberal establishment want him to play by the rules, certain set of rules that have been out there, they want subtlety and nuance. we are talking about north korea, talking about a nuclear weapon that could reach the united states, not sure there is room for subtlety and nuance in his response. maybe he should be more like president obama and give a 20 minute rambling press conference with nuance and subtlety and set up a red line he is not going to

enforce their thereby destabilg one of the most dangerous regions in the world, maybe he should do that because it is form over substance. >> eric: we are out of time. no matter what happens, it seems it will continue. thank you both, we will be right back.

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>> jenna: this just income a change here at fox news, post of media buzz and media reporter, howard. >> >> big breaking news, our colleague megyn kelly confirming moments ago on her facebook page that she will be leaving fox news after a career that began in 2004 to join nbc news as our viewers probably know, there has been something of a bidding war for megyn kelly's services as her contract was due to expire this year. she says as nbc says, she's going to do a couple different things for the network, launch a

daytime news and information show as well as a sunday evening primetime magazine show and be available for special events, political coverage and that sort of thing. this really come in the end, did not come down to money because megyn kelly would have made plenty of money wherever she went. she has three young children as fans of her show would know, and she was hoping to create a schedule where she could spend more time with them. on her facebook page, she says she remains deeply grateful to fox news, rupert, locklin and james murdoch especially to all of the fox news viewers who she says taught her so much about what really matters. at the same time, she says she is excited about the new opportunity. >> jenna: a little awkward to talk about a colleague leaving, i may be a bit of fraud if i did not say this, but it is a new year, new beginning, we wish her nothing but the best and look forward to hearing from her viewers as well about the new things they would like to see on fox news, whatever that may be. we will just leave it there. >> this obviously will mean a

change in the fox news primetime lineup, so there are some possibilities there. i personally wish her well, i've been on ""the kelly file"" many times, she is immensely talented and in the past year with obviously her feud, the war donald trump declared on her for a while, megyn kelly became an international superstar, magazine cover girl and all of that which is why there is such high interest in this one particular personnel move. >> jenna: that is right, new year, new beginning, thank you very much. we look forward to seeing more of you, you're not going anywhere, right? are we burying the lead here? >> i am right here, you and me. >> eric: we certainly wish her well. go up to the office to say hello. president-elect donald trump criticizing general motors on twitter for building cars in mexico, but gm firing back as the fort and assess the changes of their own regarding our southern neighbor.

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is what he had to say. it was about that chevy cruze. "general motors is the sending mexican made model of chevy cruze to u.s. dealers tax-free across the border, making usa or pay big border tax." gm shot back, they pointed out that all chevy cruze sedan settled in the u.s. are billed at the gm is ugly plant in ohio, this in fact is true. i've been there. they only build that chevy cruze hatchback, don't know how many you have seen on the road, not very many. that is made in mexico, only a small number sold in the u.s. trump may have been off on that one but big win from ford today and they announce they are going to scrap plans for the $1.6 billion plant down in mexico to make the ford fusion. here is what the ford ceo mark fields told neil cavuto earlier today on our fox business network. >> one of the factors we are looking at is a more positive u.s. manufacturing business environment under president-elect trump and some

of the progrowth policies that he said he is going to pursue. so this is a vote of confidence. >> i would make one final point, jenna, and that is you have to make sure you have a level playing field because if you are going to tax u.s. automakers for making vehicles in mexico and bringing back across the border, if you don't tax foreign automakers, that could be a problem. take a look at the competitors that make vehicles now like they chevy cruze down in mexico. everything from the honda civic which is tremendously popular, also some are made in the u.s. but mostly in mexico, mazda 3, nissan sentra, toyota corolla in the vw jetta all made in mexico. if you are going to tax one, you have to text them all or text nobody. if you tax everybody, the cost of those vehicles goes out. it is kind of a complicated mess, but there you go, that is what we have got. >> jenna: we will take it here early as it is, story just beginning in many cases.

>> thank you. >> eric: prosecutors are charging a one on atlanta attorney with involuntary manslaughter in the shooting death of his wife. claud mciver was riding in the backseat of their suv when he claims he accidentally shot and killed his wife diane who was in the front seat. he says he pulled out the gun because they were driving through a dangerous area and he was concerned about carjackers. court documents, though, showed he owed his wife $350,000 at the time of her death. let's get the legal panel on this, former prosecutor in criminal defense attorney, and a criminal defense attorney and former head county prosecutor and trial attorney also. let me start with you. in the backseat, says he falls asleep and wakes up and excellently pulls the trigger, just this sound reasonable or fake? >> what is very important from a criminal law standpoint is to make a decision about the homicide prosecutor is doing here. there is not an allegation this was an intentional or purposeful murder, rather the prosecutor's

theory of this case was that in fact it was an accident and the issue that will be at play for in a violent terry manslaughter charge is whether or not there a substantial and unjustifiable r. i think that prosecutor's case will be based on the fact he had the gun out, his finger was on the trigger, it was pointed at or in the direction of a person, his wife, in this look like a very solid case for the prosecution in terms of the facts and law, but they are not alleging there is motive through the money if that were true, they would be bringing murder charges. >> eric: so without a motive of dealing with the money, the prosecutors have a different case. >> there are three things that take place in a crime to find a conviction, the prosecutor must approve them. means, motive, opportunity. he had all of them, certainly if you add in the fact, the investigation is not over, so you could add that there was the motive because of the money. you can also may be later find out, this is kind of a

made-for-tv thing that the wife's friend who was driving the vehicle at the time, maybe she had something with the husband. this case is far from over and they will be more facts to come out in particular different charges that may come out as we learn of the new facts. >> eric: if there is connection with money, don't you think they would bring that charge? december 14th, they move the loan to december 2017, this happened in december so it does not seem to be a timeline thing. >> it would be the height of prosecutorial malpractice to wait three months to bring charges in the first place, and if you believe there was a motive with the possibility for homicide, i've done these investigations. every case is a murder, intentional murder until you prove otherwise. they would not be able to go before a jury with a straight face and say, we originally charged involuntary manslaughter after three months of an investigation, but now we want you to convict him of murder. in fact, i don't believe that evidence of the money owed will even be admitted in a trial for

involuntary manslaughter. i do agree with my colleague, if they develop evidence that shows this was somehow to get rid of the depth, which is not really anything that is in this case based on the relationship, background, with their finances, then they could always amend the charges, but prosecutors do not want to go in with one theory of a case then change it because it gives the defense the chance to say these prosecutors don't know what they are doing. >> eric: richard, the prosecutors, are they going to be told, for example, kind of weird, 1990, he was indicted for firing a gun allegedly at two teenagers. he had something on the record about that, is that going to play into this? >> likely it will not come in. it doesn't show that he has a propensity toward violence, but it is highly prejudicial. one, he was only indicted, never convicted of anything, so it likely will never make it in, but if i'm a prosecutor, i think to myself that he does potentially have the propensity for violence. the other issue is the coroner ruled this a homicide, and you

look at the forensic evidence, it shows the bullet was -- it went through the wife's body at an angular, downward angle, it was never recovered. i think there are a lot of facts here we have not got to yet in the case. >> we need to be careful. that is the definition of homicide, that is a definition they give in all cases where there is a death that was not by natural causes or otherwise. the manner of death here, they are clearly saying it was an accident in this case for your question was very good, that previous incident probably would not be admitted in evidence, i agree, it would be overly prejudicial unless the defense says that he did not know of the danger o the weapon, in which case they could say, this previous case shows you you know how to use a weapon, what a weapon is, what happens when you fire a weapon. so the defense may very well open the door at some point to the admission of that 1990 event. >> richard and bob, we will see what happens. we do say mr. mciver was

distraught and grief-stricken over his wife's death. thank you both. jenna? >> jenna: after a year of headlines in a police involved shootings, officers in one city kicked off 2017 with a unique effort to fight violence for juneau, alaska, citywide year of kindness where residents are encouraged to commit daily acts of kindness, reach out to people outside their own circles and at the inn of the year, the police department is going to have some help, i am joined by the person who pulled this program together. great to have you, why did you decide to do this? >> 2016 was a year that seemed to bother a lot of people with how negative things were. the violence, some of the ways people were talking about people that were dehumanizing, and as i talked to people around the community, what i was hearing is i don't want our environment to be like this.

i don't want to have to be in a place where walking down the street causes you to be concerned about violence being targeted at you, whether you are a police officer or another citizen. so i had this idea because as i thought about really the core of so much of the violence that happens, it seems like it is hatred, and hatred makes everyone unsafe. it makes citizens unsafe. it makes police officers unsafe. so as i pondered that, i felt relieved the best way to combat hate is with kindness. those are not too intense you can hold toward your fellowman at the same time. >> jenna: what does this look like? we are going to do this program, tell us what that looks like. >> what it looks like it's first encouraging people to do everyday acts of kindness than tell us about them, not in a way that is bragging but in a way that lets us inspire others.

we also have a kindness serves calendar where we have our year calendar with different groups taking a week that they are going to do a kindness surge, they are going to get out in the community and reach out to their fellow man. the groups that have signed up for the kindness surgeries ranged from a boxing club to a book club. we have found it very wide appeal and our community for folks who just want to get out and do -- >> jenna: i am sorry to interrupt, i have to interrupt for one moment because we are seeing photographs of people on the beach not fully clothed. [laughs] >> i was one of them, very cold. >> jenna: please explain that to our viewers. >> to kick off the year of kindness, the steering committee which is made up of citizens of juneau, the police department in this initiative, we had a meeting and were talking about how do we kind of put an ending to the yeareally

clear the decks for the year of kindness. we came up with an idea of doing a couple of basically purges of the negative. we burned negative thoughts. one of the events, we did a polar bear dip which was very cleansing. >> jenna: 26 degrees right now in juneau, alaska. >> it was 30 that day. >> jenna: balmy 30. [laughs] i can't believe it. >> there were several purposes playing that area, they were quite friendly. >> jenna: that might have encouraged me, not sure i am there but you are winning me over solely. before we let you go, how do you quantify whether this works, how do you better this year than last year? >> that is the top thing we are trying to do, first for crime statistics, things like disturbances, road rage, completed and attempted suicide, we are also looking at eric

request for emergency medical services, and we have partnered with the international nonprofit random acts, and they are going to be doing their own interview in juneau to see how people feel about the environment, and has it become a kinder place as people have embraced this initiative? the police department organize this and is kind of leading the charge, but our board is made up of lots of citizens including a teenager who is representing that part of the community and how to be kinder and all of these different places. >> jenna: sows like a great idea, we wanted to make sure it got some national news and may be something other communities will emulate. i don't know about the polar bear dip, but thank you so much, lieutenant here thank you for bringing the idea to our attention, we will check in with you to see how it works out. >> i would appreciate that, thank you so much. >> jenna: eric, are you up for that? >> january 1st, we do it on coney island.

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securely share your financial info and confidently get an accurate mortgage solution in minutes. lift the burden of getting a home loan with rocket mortgage by quicken loans. (whisper) rocket >> jenna: imp a spectacular sight unfolding before thousands of football fans and millions of tv viewers before yesterday's rose bowl game between southern california and penn state, it is the flyover of b-2 bomber during the national anthem. this is the b-2 spirit also known as the stealth bomber, the stealth bomber packs quite a punch capable of delivering both conventional and nuclear weapons, regular at the rose bowl for two decades. what a sight. >> eric: how about that? new information about the spacex explosion, they said it is ready to launch a new rocket for months after one blew up on the pad peered the cause of that explosion was a helium storage

tank failure, looks pretty remarkable there. spacex says the problem has been corrected and is planning another lunch this weekend, so it is the future for private space expiration? mike, former nasa officer joins us now and author of "spaceman" his memoir of being a nasa astronaut, so you had to shuttle missions? you were weightless? >> i was weightless for a wild, not now after the holidays. it is magical, really to get to space, the engine is cut, then you are in orbit, floating. it is fantastic. >> eric: do you guys still drink tang? >> we don't call it that, we colored orange flavored drink because that is a commercial name. >> eric: orange flavored stuff on these private things? >> i think people can get

whatever they want i imagine just like on an airline when you want to drink something. >> eric: what is the future of private space expiration? you have that launchpad, what went wrong with the spacex program to try to get these things up there? >> this was just a test, not a launch day, on the launchpad getting ready, they did a static test which means you test the engine but do not go anywhere. they had a problem as you described earlier, the helium tank, you use helium to pressurize the fuel tank because when you are going to orbit, you are under different g-force, and you want to make sure there is good pressure on the fuel to keep feeding the engine. so they pressurize it with helium, and it is part of the fuel tank system. there was an imperfection in the helium tank which caused some pooling of the liquid oxygen which is very flammable. to get something to space with a lot of power, you need very powerful fuel which is liquid hydrogen or oxygen normally, and in this case, liquid oxygen next to the tank, the helium tank had the imperfection, it pulled in the wrong place, little bit of friction and ignited the liquid oxygen. that is what they found out and

there investigation here they are hoping to launch in the next week. >> has this happened before? >> to have been plenty of accidents, certainly. with this particularly, i am not sure the problem with the helium tank but certainly we have accidents and explosions before. it is a dangerous business. luckily, there was no one on board this vehicle, it was a satellite launch, so it was unfortunate but no one was hurt. >> eric: i want to ask you if you think the private expiration is safe, and would you go up? not just in their plane, we will be right back to tell you about that. for the strength and energy to get back to doing... ...what you love. ensure. always be you. won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™,

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>> jenna: fox news alert come a bit of news from capitol hill where you see a life look at the capitol house floor for the 115 congress. breaking news is that paul ryan

has been reelected as expected as house speaker. here is some video we have, paul ryan, you know what he looks like, but he did get some standing ovation. he needed to get the majority of the house, not just the republicans, the majority of the house to vote for him, and he is our speaker. we will keep you updated as we get more news from capitol hill, meantime, eric back to you for more talk on space. >> eric: back with mike massimino, former astronaut and "spaceman," his memoir of being in space. would you go up and spacex? >> i would. i'm no longer a nasa astronaut but given that chance to fly in space again, i would. >> eric: starting with cargo, charges for this and eventually he will send people. >> he has been very successful, him and an entrepreneur and his company, but with spacex, they have launched satellites which is what they were trying to do when they had the accident, but the next one will be a communications satellite hopefully on january 8th. they also have vincent do 8

supplying cargo to the international space station for years and will pick that back up again then five people to the international space station. that has not been done yet but it's been in the work for a couple of years. he is also building a heavy launch system, big rocket, heavy launch usually means beyond lobar orbit, some place like the moon or mars, so he has his eyes on trying to do that as well. i think it is very exciting. we are on the brink of this new wave, not just elon musk, other companies as well, jeff bezos, they are looking to five people and cargo, doing some very exciting things, and i think we are on the brink of this new golden age of space travel. >> eric: amazing, some people say we had in the past, should we continue? but it is the start of a discovery. >> different than the past but just as exciting. >> eric: thank you, we will talk to you one day when you are in spacex. >> thank you for having me here on earth today. >> jenna: back on earth to the

senate, vice president presides over the senate come his constitutional duty is swearing in a new senator speaker today. we are are awaiting the inauguration of donald trump in in the meantime, lawmakers are back to work today, and here is part of the ritual of getting started. we will be right back with more "happening now." about a cracked windshield. so she scheduled at safelite.com and with safelite's exclusive "on my way text" she knew exactly when i'd be there, so she didn't miss a single shot. i replaced her windshield giving her more time for what matters most. tech: how'd ya do? player: we won! tech: nice! that's another safelite advantage. mom: thank you so much! (team sing) safelite repair, safelite replace.

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[ laughing ] i guess, is that a camel? >> how do you count the insects? that has to be the hardest job nmpblt zoo. >> "america's news held quart s quarters" starts right now. >> news alert, congress is back in session and ready to get down to work. hello, i'm melissa francis. this is a live look at both the house and the senate right. now vice president biden swearing in incoming members, senate minority member chuck schumer saying this will be an accountability congress. republicans preparing an aggressive agenda from the rapid repeal of obamacare to tax in trade reform, only minutes ago wisconsin congressman paul ryan was re-elected as house speaker. he will speak shortly before swearing in new house members. we have fox team coverage in all of this, laurie standing by but