really special. join me today on "the five." it's span mail friday. that's fun. thanks for joining us. i'm dana perino. here's shep. >> shepard: it's noon on the west coast, 3:00 in washington. and nine hours remaining now to stop a government shut down. we heard a clear warning last week. >> i will take the mantel. i will be the one to shut it down. i'm not going to blame you for us. >> shepard: it is a new day and, you know, new words. today lawmakers last minute moves to stop a show down and what happens if they can't. also, word we could expect more resignations at the pentagon after the defense secretary mattis called it quits following the surprise's surprise syria plan. and cancer surgery for ruth bader ginsberg. the latest on her condition as our reporting begins now.

our reporting begins with drama in d.c. as the click ticks closer to a shut down and another top member of the trump administration resigns. first, the showdown over the shut down. president run the says the government will close a long time unless lawmakers give him the money to build a wall along the u.s. southern border. the house voted on a package to keep the government open with an additional $5.7 billion in it for the wall. it doesn't have the support it needs in the senate to pass where republicans hold a razor thin majority. the president said i'll carry the mantel and i'll proudly shut it down and i won't blame you, senator schumer. today new plan. >> it's really up to the democrats, totally up to the democrats as to whether or not we have a shut down. is that he tweeted the democrats own the shut down. the senate majority leader, chuck schumer slammed president

trump's tactics on the floor. >> to top it off, president trump has thrown a temper tantrum and now has us careening towards a trump shut down over christmas. >> shepard: at midnight, more than 800,000 federal workers will be facing temporary lay-offs or forced to work without pay a few days before christmas. this is all playing out on the heels of jim mattis' announcement that he's out. the head of the defense department handed president trump his resignation letter during a 45 meeting at the white house yesterday. part of the leader reads because you have a right to have a secretary defense whose views are better aligned with yours on these subjects. i believe it's right for me to step down. a senior u.s. defense official says fox news make no mistake, jim mattis is resigning in protest over the presidents's national security policies. that source says the final straw was the president's order to withdraw all u.s. troops from

syria. john roberts reporting live from the white house. >> good afternoon. i'm told the president is in a very good mood as the clock marches towards a shut down at midnight. the president had a 90-minute meeting with some members of the senate on the republican side. afterwards, the signing ceremony for the criminal justice reform bill. the president said they had a great meeting. listen here. >> tremendous enthusiasm for border security. i can speak strongly when i say that they want to see something happen. it's up to the democrats, totally up to them whether or not we have a shut down. it's possible that we'll have a shut down. i would say the chances are very good. >> i'd say the chances of a shut down are probably good. on the senate floor, senator chuck schumer said the chances are pretty good that you may have a shut down. listen to what he said about the president not getting anything

of what he wants. >> there are not the votes in the senate for an expensive taxpayer-funded border wall. so president trump you will not get your wall. abandon your shut down strategy. you're not getting the wall today, next week or on january 3. >> january 3 is the day the democrats take over control of the house of representatives. now, you mentioned this at the top, shep. let's go more in depth. the president tweeting out this morning, the democrats now own the shut down. after that tweet, the senate minority leader was only too happy to remind the president what he said last week when he met with senator schumer and nancy pelosi. listen here. >> in our meeting in oval office, president trump said "in

we don't get what we want, i, president trump, will shut down the government for border security, chuck. because the people of thi have problems and drugs pouring into our country. so i will take the mantel. i will be the one to shut it dunn. i'm not going to blame you for it. >> i'm not going to blame you for it. yes, he is going to try to blame the democrats for it. there is a slim glimmer of hope here, shep. it doesn't appear there's any chance that the senate will pass this bill that the house passed last night with some $5.7 billion for border security and a wall it in. if the president can get some money from congress before midnight tonight, might avoid a shut down. if he doesn't, i'm sure he will veto it. >> shepard: that resignation letter from secretary mattis was extraordinary. >> it was. they have been at odds over foreign policy for sometime.

as far as the decision to pull the troops out of syria was the triggering point here. mattis has long advocating for leaving troops there, to abandon the kurds would be irresponsible and something the president can't do. the president said time am time again, the president doesn't have to stand with the kurds shoulder to shoulder years to a. >> they continue to disagree. at the end of the day, the american people elected one person to make decisions. if secretary mattis doesn't feel like he's the right person to fill that job, it was the right thing and an honorable thing that he did in stepping aside to put somebody in a position that he feels like is the right person for that time. >> in has been on a slow burn for a long time. one of the other pivotal points here at the army navy game when the president named the army chief of staff, general mark

millie as the successor is to the general chiefs of staff, joe dunford. general mattis wanted somebody else and that was kind of a slap in the face. yesterday they met for 45 minutes. at the end of the meeting, he handed him his resignation letter. i asked an official earlier today whether or not the president would change his mind on syria. i was told a definitive no. shep? >> shepard: john, thank you. let's go to congress for more on the efforts to prevent the shut down. mike emanuel reporting live on capitol hill. >> good afternoon. a preliminary vote is underway on the bill that the house passed last night that would keep the government funded through february 8. $5 billion plus for the border and $8 billion in disaster relief. a number of senators had gone home for christmas after they passed their extension wednesday

night. jeff flake is a no on even taking up the bill. senate republican put it in these terms. >> we're trying to work it out by trial and error. i don't want to mislead you. it's more error than trial at this point. the weekend is early. day is early. i'm prepared to stay here as long as it takes. we can get this worked out. >> a source familiar tells fox nine senate republicans were with president trump in the oval office. i asked one of them if these bracing for a partial shut down. >> we heard of a president that is willing to negotiate. this is all about the democrats actually backing up from negotiated agreements that they've had. the president is still willing to deal. we should go to the floor and vote this bill. >> i'm stole senator purdue has

spoken several times with the president and the president is still willing to negotiate. >> shepard: what are you hearing from democrats? >> those near washington d.c. are concerned about their constituents. >> there's only one person in the united states that is continually had a glean in his eye when he talks about the shut down. that's donald trump. he's been pleading for it and threatening it for his entire time in office. there's a bipartisan deal on the table that the white house blessed just 48 hours ago. >> a connecticut democrat says this is not just politics. >> he had principles and convictions. he had a vote in favor of the bill that we already passed. if the president would go back to his accepting it, which he did and then he reversed

himself, we would be done. >> about nine hours out, it feels congress is stuck. >> shepard: mike emanuel reporting live. with the defense secretary mattis on his with way out, we can expect more resignations at the defense department. jennifer griffin reporting live from the pentagon what do you know, jen? >> i'm told the final straw for mattis was the president's order to withdraw from syria. the last 18 hours sealed his decision. it appears his resignation letter was written when he went over to the white house yesterday at 3:00 p.m. with the letter in hand. he spent about 45 minutes with the president. before leaving for the white house, he watched the president's video for explaining the pullout with mr. trump pulling to the skies saying he had done it for the troops that died. 50 copies of the letter were printed and ready to be

distributed upon his return. mattis says pulling out is a betrayal of the kurds and the syrian democratic forces who will probably be slaughters after the u.s. leaves syria and refugees there being protected by u.s. forces. here's the highlights from mattis' resignation letter. you have the right to have a secretary defense whose views are better aligned with use. my views on treating allies with respect and being clear-eyed about being strategic competitors are strongly held and informed by over four decades of immersion in these issues. from the beginning, mattis was concerned about how president trump treated u.s. allies and spent much of his team as defense secretary re-assuring the allies after president trump disrespected them repeatedly and made decisions without consulting with nato and south korea and others, shep. >> shepard: jennifer, any talk of possible replacements yet? >> it's not clear who will take

the job of defense secretary if the president sticks to his plan to pull out of syria. general jack keane has said that he won't take the job. senator tom cotton is mentioned as a top choice. cotton, a former army captain, served in iraq and afghanistan. hard to imagine him overseeing a pull-out from syria. he's signed a letter with other senators including some democrats opposing the pull-out. most likely mattis' deputy patrick shanahan who gave president trump cover for his space force, which the pentagon opposed, will be asked to stay on as acting defense secretary, shep. >> shepard: where do things stand on afghanistan? we've been hearing about a poll troop pullout there? >> the president has indicated that he wants the pentagon to begin planning to pull out about 7,000 or half of the u.s. troops in afghanistan. he stopped short of issuing an order. it's still being debated. all of this creating a good deal of discomfort here at the

four-star level. the president liked to brag at the start of his president about his team of generals, mike flynn, h.r. mcmaster, john kelly and jim mattis who he loved to call mad dog and in a few weeks all of these generals will be gone and mike flynn is now facing jail time. shep? >> shepard: jennifer griffin reporting live. we'll keep an eye on the hill and more on the reaction from around the world as president trump prepares to pull troops out of syria and afghanistan. and a health scare on the supreme court. ruth bader ginsberg undergoing surgery on her lungs. an update on her condition as reporting continues on this friday afternoon. if you like geico commercials, you're gonna love the best of geico. it's geico's all-time greatest hits back on tv for a limited time. and if you love the best of geico, you're gonna really love voting online for your favorite. you can even enter for a chance to appear in an upcoming geico commercial.

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>> shepard: a fox urgent. the united states supreme court has ruled the trump administration cannot begin enforcing a ban on asylum for any documented immigrants that cross the border. brett kavanaugh and other conservative justices sided with the administration. the court leaves in place lower court rulings that blocked the ban that the president announced last month where the so-called migrant caravans were headed in the general direction of the united states border that ban would automatically deny asylum to people that enter the country from mexico without going through official border crossings. john roberts and the court's four more liberal justices

rejected the administration's argument meaning that the asylum ban cannot take effect. surgeons today removed two malignant nodules from ruth bader ginsberg's left lung. she's resting comfortably. that's according to a statement from the supreme court. the 85-year-old has dealt with a number of health issues. gillian turner reporting live in washington. hi, jillian. >> as of now, justice ginsberg remains in new york city at the kettering cancer center. the supreme court announced a short while ago, she underwent a procedure earlier today that removed two cancerous growths from her left lung. her doctors say she's now in the clear. however, there's no remaining traces of the disease anywhere in her body. a statement from the court reads in part "no further treatment is planned. justice ginsberg is resting comfortably and expected to remain in the hospital a few

days." she suffered a fall last month in her security office her in d.c. that resulted in three fractured ribs and it was during that hospital stay on november 7 that doctors discovered the cancerous growth that they removed today, shep. >> shepard: she had been back at work since that fall. she went back almost immediately. >> that's right. since the fall she's been back in full swing here. she attended the white house medal of freedom ceremony hosted by the president and showed the fighting spirit for which she's famous at a naturalization ceremony. take a listen. >> as testament to our nation's promise, the daughter and granddaughter of immigrants, sits on the highest court in the land. in america, land of opportunity, that prospect is within the realm of the achievable. >> now ginsberg has been

treated for cancer before. she recovered from both bouts fully. apart from that, she's enjoyed great health. sometimes even comparing her own stamina on the bench with her male peers. >> now i passed a couple of them. as long as i can do the job full steam, i will do it. >> the court has promised to keep everyone it dated on her condition, shep. we'll keep you updated as well. >> shepard: gillian turner, thank you. ahead, who a government shut down hits the hardest. from the workers that could have vacations cancelled to those that would have to work getting paid for the time being.

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i'm trying... ♪ yippiekiyay. ♪ mom. ♪ >> shepard: the federal budget votes are now in the senate. 3/4s of the budget is set the right now lawmakers are dealing with the last part. there's one bill with $5 billion for a border wall and does not have the support necessary to pass. that means paychecks for some tsa agents is not going to happen. trace gallagher reporting live.

>> the shutdown would affect nine departments with treasury, state, congress, housing and urban development among them. within those departments, there's some 420,000 essential employees that still have to work, but wouldn't get a paycheck at least until things are back up and running. we're talking about 54,000 customs and border protection agents, 42,000 coast guard employees and 53,000 tsa agents. air traffic controllers would also stay on the job. so your holiday travel shouldn't be any worse than normal. additionally, the post office and v.a. hospitals will stay open and you'll still get your social security checks along with medicaid and medicare benefits. finally, for additional peace of mind rest assured the nation's capitol will stay open and robert mueller's special counsel will remain up and running. shep? >> shepard: what services could

be affected, trace? >> we mentioned 400,000 plus employees will work with no pay. an additional 400,000 employees will be furloughed. no work, no pay until their departments are funded. most affected will be the department of housing and urban development and nasa where 95% of the staff will be out of work. here's where it affects you. most national parks are shut down. you can't file taxes because the irs is closed. so the state department is close. you're likely still able to get a passport and some environmental food inspectors, but not that many. so it's really unclear how that affects food safety. also if you're planning on visiting things like the national zoo, national archives and smithsonian, you probably should have a plan b in place. shep? >> shepard: thanks, trace. jordan fabian now, white house correspondent for the hill newspaper in palm beach where

the president plans to go in the government stays open. he may be alone down there, jordan. >> the weather is nice. a little wind. nice golfing weather down here. >> shepard: worse places to be. the resistance now on owning the shut down not surprising and sort of on cue. >> yeah, that's right. right now you have a situation where both sides don't really have any incentive to give ground. the president asking for $5 billion in money for his border wall. democrats say absolutely no way. we're not going to give you a cent. both of those people have bases that they're answering to right now, especially president trump who has heard it from conservatives. if the government shuts down later tonight, not really clear what the solution will be and how long it might last. >> shepard: is there discussion on a compromise on another matter? some sort of big thing that democrats want where they might

give the president a little what he wants so that they can get the government back open? >> shep, if you recall nine months ago a big debate over immigration where there was a big deal on the table that would have given legal status to millions of undocumented immigrants in the u.s. in exchange for $25 billion in funding for the president's border wall. the president turned down that deal because he wanted cuts to legal immigration. now that deal appears to be off the table. there was talk about having some kind of deal that would include a deal for dreamers of the young undocumented immigrants. >> shepard: there were bills that the leaders told us could pass. chuck said the democrats have two and mitch mcconnell said the republicans had one that had bipartisan support? >> yeah, that's right. again, we had a deal on immigration nine months ago. we also had a deal a week ago or

a couple days ago that would have funded the government and kicked this issue to february where the president could have taken this fight up again. of course, he chose to double back and not go forward with that. now we're in the situation that we're in. >> shepard: he's talked about -- the president has talked about a government shut down dozens and dozens of times since the last one. it's the kind of thing that he seems to dangle out there often. you wonder is there a political strategy to that that we're missing? >> look, i think this wall is his number 1 political promise to his supporters. he's trying to show them that he's going to go to lengths to get that delivered. so you heard him in that meeting, in the oval office saying i'd be proud to shut it down for border security. i'll own that. so there's a sense there that the president might be energizing his supporters by shutting down the government. even if he doesn't get what he wants in the end, he can at least showed his supporters that he put up a strong fight for the

border wall. >> shepard: jordan fabian waiting for the president. his team has said the government shuts down, he's not going to go yet. so we'll see what happens. enjoy yourself. another rocky day on wall street. rocky has gone way south, this has happened in the last 20 minutes. we were off 200 something when this news cast began. now it's 400 something. man, what a precipitous drop to the dow. the numbers add up to 1,900 points down a couple weeks ago. when will the stock market catch a break? we'll get to that. u.s. allies sending warnings over the president's plan to withdraw troops from syria and some, maybe half from afghanistan. details on that as well. bottom of the hour, top of the news straightaway. i switched to liberty mutual because they let me customize my insurance, and as a fitness junkie, i customize everything. like my bike and my calves. liberty mutual customizes your car insurance so you only pay for what you need.

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>> shepard: stocks way in the red again today. the markets react to the likelihood of a partial government shutdown. the dow is off close to 400.

in the big picture in the last month, the dow is down 2,000 points. to gerri willis reporting live on the floor of the stock exchange. what's wrong with those people? >> shep, it's been brutal. we're down 378 on the dow. the traders right here saying look out below for the remainder of the day. the dow, the s&p and the nasdaq down 6% or more for the week. the s&p and the nasdaq, tech heavy nasdaq, they are out for the worst week since 2011. seven years. so a lot of pain out there. they're worried about everything. worried about trade, worried about the government stopping operations this weekend, you name it. lots of concerns out there. let's talk about the nasdaq in bear territory. we were talking about amazon and apple having trillion dollar valuations. not anymore. together they might but not separately. the stocks are down and down hard. stocks in bear market.

google, amazon, netflix. google falling below $1,000 a share. one bright ray, nike. that company reported earnings and sales that beat estimates handily. they did very well indeed. now they're talking about men's yoga gear. think about that. selling men's yoga gear. remember marty mcfly had them in back to the future, shoes without laces and men's yoga pants. i thought that might be important to you. >> shepard: have shoes without shoe strings. nike up 6% today. that's good. >> yeah. >> shepard: only two of the dow 30 in the green today. thanks, gerri. some of our allies are sounding the alarm over the president's plan to pull the troops out of syria and half out of afghanistan. the french defense minister calling it an extremely grave decision that could allow isis

to regroup and regain territory and possibly strike in europe again. france has been a steadfast partner in the coalition to defeat militants in iraq and syria and has suffered some of the deadliest terror attacks in europe. the russian president vladimir putin is thrilled as is the turkish president erdogan. they voiced their strong support for the u.s. getting out of syria. it's good for the russians. there's no doubt about that. the u.s. has been waging a proxy war against russia while supporting rebels that were fighting to overthrow the brutal dictators. and turkey has accused the kurdish fighters of being terrorist and they vowed to wipe them off the map. our allies. tray yingst reporting live in jerusalem. >> shep, the russians are now using the president's decision to withdraw troops from syria as a way to paint an unstable decision of the united states. today, shep, the kremlin

spokesman said the trump administration is creating discomfort in international affairs through chaotic and unpredictable decision making. president putin praising president trump saying at a press conference, donald is right and i agree with them. he coalitioned partners like france and britain and germany are looking at the facts and the facts are that 20,000 to 30,000 fighters are still on the ground in iraq and syria. the numbers according to the united nations says the group is not defeated as the president claims. >> shepard: what about afghanistan, tray? >> shep, in afghanistan, officials on the ground are saying they would be able to operate under a partial withdrawal of u.s. troops. it would not negatively affect the security situation there. with that said, a lot of questions in the air such as how many troops would leave and how many would leave at certain times on the larger time line for the trump administration.

afghanistan's neighbor pakistan is much more concerned and has warned of chaos and disorder, shep, even going as far to say there could be a civil war as a result of u.s. troops leaving. >> shepard: thanks, tray. let's go to michael singh now at the national security council. he's currently the managing director at the washington institute, which is a nonpartisan think tank that seeks to improve u.s. foreign policy in the middle east. did we just to that? >> well, shep, i think you just heard that this is discomforted a lot of people, this decision by president trump and the way the decision was made. because there's concern that isis not in fact defeated as president trump said. in fact, it's turned into an insurgent organization even if it's not holding much territory anymore. there's also concern that if isis able to regroup in eastern syria, that could have a spill-over effect in iraq and jordan and the israelis are concerned this will open the

ground now for iran and russia and the assad regime to retake eastern syria helping iran to reconnect that land bridge they've been looking for. >> shepard: it's hard to believe what has happened in the face of counsel not to do so, by everyone in his administration and everyone in the pentagon. the president gets off the phone call with the president of turkey and does the bidding of russia and vladimir putin thanks him while the defense secretary resigns. it's unprecedented in american history, isn't it? >> it's shocking really. predictable. the president did say he was going to do this. then we heard a lot of efforts by senior u.s. officials to claw it back. but the president is somewhat justified saying i told you i was going to do this. the problem is that our policy for the last six months or nine months has not been based on the imminent withdraw of u.s. troops. we haven't tried to get our ducks in a row to do this in an orderly way. we haven't prepared our allies on the ground and around the

world for it. so it has contributed to the sense of erratic or unpredictable u.s. decision making. >> shepard: the folks at the pentagon say without the kurds, we would be in a really bad place. now if you believe the stats coming out of there, our withdrawal puts them in eminent danger of being blown off the map by the turks. is that overstating this? have we been misled on this matter? >> if i were to predict what the turks will want is to take a strip of northern syria along their border. the rest of that -- erdogan is the dog that caught the cart. you might see russia, assad coming in and maybe the kurds trying to cut a deal with the assad regime. i think shep, in a way,s, the k

against isis but did it set us up for a real sort of confrontat, the turks. and there was no real effort over the past month to reconcile that problem. >> shepard: so the turks said get out of the way and we got out of the way. >> this is a problem we knew we knew was coming. the decision was get on the side of the turks on the kurds. we chose the kurds but that left this problem hanging out there and now it's come to a head. >> shepard: michael singh, great to see you. enjoy the holidays. >> merry christmas. >> shepard: we'll head back to the hill after the break to see whether the senate can figure out -- well, you can see it's busy in there. so there's that. oh! oh! ♪ ozempic®! ♪ (vo) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven?

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>> shepard: fox urgent now. a live look at the senate. they're trying to get votes depending on which side you're on, you know what it is. chad pergram is here. he's our hill nerd. i say that with love and affection. >> i like that word. >> shepard: nobody knows the place better. i'd say they're scrambling to

keep the government opening. >> dana: this is a vote to proceed. the house of representatives took the bill to keep the government open. they sent the bill back over after the vote from the house. this is a procedural vote to get the bill on the floor. this opened at 12:31 p.m. the report for a senate vote is five hours and 15 minutes. it was on the stimulus bill in 2009. they started that vote early in the morning so joe lieberman could vote on the sabbath. he's a democrat from connecticut. and sharrod brown, he's mother passed away. they kept the vote open because they needed his vote so he could go to the wake and vote later that night. here's the problem today. they need to have the votes to proceed. vice president mike pence is in the building right now. if they don't get the votes to proceed, they can't get on to this bill and this is toast. this vote has been open for more than three hours and failing.

a lot of senators that is absent and trying to get them back. bob corker, republican from tennessee, has been in the building all day. i talked to him earlier. he's not cast a ballot. bob corker had something interesting to say, too, shep. i'm going to read you what he said. they said this is the tyranny of the talk show hosts. they were ready to go. the president started listening to talk show hosts. the president is taking cues from rush and sean. so right now they don't have the votes to get this bill on the floor. if they can't, they have to go to plan b. they have to get something or the government will shut down at 11:59. >> shepard: if they don't get this, this is a procedural vote. that's it. >> that's right. >> shepard: it's over, right? >> right. but what you could do, they could go off to the side and wait a minute.

there's chatter about adding money. basically what the senate could do, agree to concur with what the house did last night and say we're going to agree with what you did but we're going to change it with a little different money. bring the money down a little bit and maybe democrats say, all right, it's really not that much money. the president gets a victory, we didn't go to $5 billion. the democrats can say that and they have to knock it back to the house of representatives. the house would then have to approve it so the house and senate are in alignment. did the house republican leadership create a political firestorm by moving the ball last night and if they do anything less than that, say wait a minute. what did we do? we pushed that vote. you whipped that vote. tried to get the wall money and then you backed off of that. that might be all of the traffic that the street can take. we'll see. again, in the house of representatives, they have to get on the same page at some point. the $64,000 question remains, shep, will the president sign it. so people might be looking for a

face-saving measure at this point, an exit ramp. what has been remarkable, when we get in these situations, usually there's negotiations back and forth. that's not the case today, shep. >> shepard: chad pergram dropping knowledge. enjoy the holiday. merry christmas. >> merry christmas. >> shepard: after the break, some of the news that you might have missed with all of this d.c. stuff. hang on. welcome to the place where people go to learn about

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year. david lee miller reporting live in new york. >> shepard, pope francis has acknowledged the church had a history of failing to believe victims of sexual abuse. he said in the past church leaders acted "irresponsibly". he called on priests that sexually abused children to turn themselves in to face human justice and prepare divine justice. the pope vowed to never let abuse happen again. now, a group that represents the victims is also speaking out following remarks by the pope. they said in a brief statement today that there's too much talk and not enough action. in february, the pope has said that there's going to be a meeting of bishops from around the world, shepard, to discuss how to protect children from any further abuse to essentially prevent history here from repeating itself. >> shepard: david lee miller.

police in colorado say they arrested the fiance of a woman that went missing thanksgiving. he's charged with murder. investigators say one of the last places that anybody saw kelsey beres was a supermarket in woodland park, which isn't 50 miles south of denver. video shows her walking in with the couple's 1-year-old daughter in a baby carrier. alicia acuna reporting lives. >> police say they have enough to charge patrick frazee with murder even though they have not found kelsey berreth's body. in addition to first degree murder, frazee is charged with solicitation in the crime. last week and earlier this week, police were back out at berreth's home and looking for detail about that. the arrest and search warrants are sealed. police said kelsey's fiance said he went to her home thanksgiving

day to exchange custody of their daughter. the following sunday, investigators say kelsey's cell phone texted her employer saying she wouldn't be at work the rest of the week and police also say that her cell phone texted patrick frazee. we don't know what that contains. today police did tell reporters that that phone is still in idaho where it pinged a few days after thanksgiving the day that police say kelsey berreth was murder. the couple share a 1-year-old girl. caylee has been with her grandparents. >> shepard: more than a third of americans will be on the move this holiday season according to aaa. they report a number of travelers is the most they have counted. that's why it's record breaking. hillary vaughn live at lax, one

of the busiest in the world. >> this is probably the worst day to fly out for christmas. three million people are planning to catch a flight today headed to their holiday destination. airports around the u.s. are dealing with the most intense foot traffic that they have seen all year long. right now we're in a lull at lax. the lines were long this morning. traffic outside getting through the terminals is also in gridlock. nearly 113 million people are headed out of town for the holiday. that's up over 4% from last year. 91% of travelers will hit the road to their destination. aaa says there's more cars on the road this christmas than they have ever seen before. more cars on the road is creating a lot of traffic. expect commutes four times longer than you would normally expect. the reason why there's more travel, you have rising wages and lower gas prices. so that's getting more people out and about for the holiday, shepard. >> shepard: hillary vaughn live at lax. thanks very much.

and there's something up. we're not sure what it is. i can tell you what we do know. the vice president went in to the senate in case there was a tie vote on the floor on this procedural move to move forward and vote on the budget deal such as it is. and he went out the back door with the secret service and is now in chuck schumer's office, the democratic leader, and in there with him, according to john roberts, are mick mulvaney, the incoming chief of staff and jared kushner, the first son-in-law and presidential adviser. so you have pence, schumer, mulvaney and jared kushner working on something. might they be able to come up with some last second deal to keep the government running so everybody can go about his or her merry way? it's possible. you know, anything is possible. we'll let you know what happens there and certainly cavuto will be on it. we'll have a fox news update on

facebook watch, a minute's long news cast online with unique content that streams live on the home page in just a few minutes from now. have a great holiday. i'll see you in the new year. "your world" with neil cavuto starts now. >> neil: read it and weep. welcome. i'm neil cavuto, this is "your world." what in the world is going on with stocks? once pristine and going up, up and away, they are slipping and sliding away and the nasdaq is now officially in a bear market thanks to a fall of 3% today. that average in rich in technology names like apple, netflix and other high flyers. the issue seems to come back to a market that just cannot find a you can blame the federal reserve talking increasingly about still