america! >> julie: live and i'm julie banderas. >> gregg: and i'm gregg jarrett. several hundred more troops are on the move in the mountains of yeyz, yemeni officials say the reinforcements have been sent into two of yemen's provinces, regions that are al-qaeda's strongholds. it comes as president obama for the very first time drawing a direct link between the yemen based branch of the terrorist group and would be christmas day bomb are. >> it appears that he joined an affiliate of lakers al-qaeda and this group trained him, equipped him when those explosives and

directed to attack the plane headed to america. >> gregg: molly henneberg is live in washington. molly, president says the u.s. has had its eye on al-qaeda in yiyz for a while. >> molly: yes, in the broader arabian peninsula, president said they have gone on the attack previously. take a listen. >> in recent years they bombed yemeni places. i have ordered to strengthen our with the yemeni government and working them to strike al-qaeda terrorists. >> molly: yemen in response as you were saying, has sent hundreds of troops to two mountainous eastern provinces where the government has little control to try to root out the terrorists there.

>> gregg: the president has used the phrase war on terror only once before since taking office. does he use it to industry describe it for the failed bombing plot? >> not war on terror. obama administration doesn't like that phrase used frequently during the bush administration. he describes the plot, as an attempted act of terrorism. he has made it clear that the u.s. is at war against, quote a far-reaching of violence and hatred and the u.s. will do whatever it takes to defeat them. he has used the phrase war on terror only once when speaking to state department employees. >> gregg: and there are daunting difficulties in the new year, tell us more about that? >> senate minority leader delivered the gop's response, radio and internet response and says the u.s. is facing two difficult wars, a prolonged

recession and double digit unemployment. >> it's true that many of us approach the issues differently, at the beginning of a new year it's important to remember that we're all united by our love of country and by a common faith that no challenge is too great for the american people to overcome. >> molly: he said the u.s., quote re-election persevere as we always have. >> gregg: molly, thanks so much. >> julie: the president's pick to head the tsa is in a bit of hot water these days, orrol south certifies under fire for an incident from his past, apparently. new revelations in his confirmation that could make his nomination even more difficult. caroline shively has more. >> majority leader harry reid plans to push hard for a quick vote from the full senate on nominee errol southers but he could have a real fight on his

zblandz some senators already knew before they voted that he had mischaracterize add personal incident in the past. that is from 20 years ago when southers was an f.b.i. agent and accessed confidential information about his ex wife's boyfriend. he asked a police officer to get those records. after the vote he did the searches himself. susan collins a republican from maine says the post she had suspicions, now she says she is satisfied with his explanation. fellow republican is not convinced. he blocked over concerns that ee may uin onize tsa. white house is standing by the nominee. spokesman nick shapiro says southers has never tried to hide the incident and expressed these were errors he made in judgment and deeply regretted and it was an act of events that happened

20 years ago. conscious comes back two weeks ago but they still have to approve his nomination. >> julie: thank you. >> gregg: a lot of finger pointing in the days following the failed attack on the u.s. bound jetliner. much of it taking a partisan tone. some republicans blasting the obama administration over a series of security and intel missteps and democrats taking shots at the gop. politics as usual or a serious electoral issue? let's bring in adreel, good to see you. congressman peter king started things off i think by ripping president obama for being silent for three days. then cheney said the president was in denial. when he did speak he blamed his predecessor. harry reid blamed republicans for holding up the tsa nomination. it's just a sampling. how serious of partisan battle

may this become in an election year? >> you can't ignore the fact that the midterm had elections is coming and republicans are hoping to make big gains. now it appears bringing questions about the administration's competence and judgment. it started with questions about close weigh guantanamo and transferring some of the detainees to the united states court system and taking a broader look at some of what the administration's deal, systemic briablgds. >> as the economy recovers, and americans become less preoccupied with it could republicans rye gain their traditional advantage on national security especially if other terror related issues, you mentioned them, in closing gitmo and even the planned terror trials, begin to go badly for them? >> it's a tricky balancing act for them. if they try to politicize national security too much and take a hard edged attack, they

really need the swing voters. house districts in red states. on the other hand they do play to the conservative base, to the national security element of the conservative base and it doesn't hurt to firm them up in advance of the election. it's a tricky balancing act, one that has to be sustained over some months. >> gregg: washington is a place where recrimination is blood sport, scapegoats are roasted on a spit when something goes awry. janet napolitano uttered the words, the system worked. how would you handy cap her job security? >> this is not an administration that typically likes to throw people under the bus, especially a cabinet secretary. i think they would view that as offering up a sacrifice to please dick cheney and some of their critics in congress. think they will be convening high level reviews of what happened and bringing some of

the agency heads into the room and calling them on the carpet. we'll see if there is some sort of restructuring or a high minded approach a new czar or coordinator to oversee several agencies. >> they jettisoned craig and now the tsa nominee. historically you know that happens, heads roll. but 537 gitmo prisoners were released under president bush. you probably saw that pentagon report that found basically one in 7 returned to terrorism including two terrorists who joined the al-qaeda group in yemen and plotted the christmas day attack. is that some of the best political ammunition that democrats have against republicans? >> they certainly can say the bush administration released a lot of these folks, too. i think ultimately to get some sort of inoculation against them

administration has to come up what they are comfortable, a rationale to for detaining the suspects. whether it was the bush administration or obama. they have inherited this legal con number drum. >> gregg: he campaigned on the promise to build more international cooperation through diplomacy would ease the hatred of the united states and help for more effective anti-terrorism strategy. will republicans now argue that the recent events proved that strategy to be wrong? >> i think you already saw earlier -- in his approach to iran, you saw the republicans sort of raising the specter then candidate obama was being optimistic. it wouldn't surprise me to see if that was revived. we'll have to see.

>> gregg: happy new year. good to see you. >> julie: more fall out from the christmas day attack, they want to block yemeni tanker from delivering dangerous cargo in the city's harbor where there is less than 50 feet between the tankers and residential areas. live with details. >> the timing of the shipment is very troubling according to local and state leaders who have called the proposed plan wrongs and a matter of grave concern. this will be the first time a liquid natural gas tanker originateing from yesmz would dock there. there are many shipments that move through the area, usually coming from places like egypt, trinidad and tobago. this is a plan to bring it through the area. they want that in motion before the nigerian man attempted to blow up the plane on christmas

day. another concern, lingering warnings that came from a 2004 memoir that they learned that al-qaeda operatives had been infiltrating boston by coming in with liquid gas tankers. >> we're calling on all ports of the united states, they submit 96 hour arrival. we go through documentation and sometimes with physical boarding teams on the vessel. >> reporter: i got off the phone with the mayor of everett where the ship would dock. he says he has been on the phone nonstop with the mayor of boston to set up a joint meeting which they are hoping to get on the books for january 15 to go over the security measures put in place for the harbor. they have concluded that a natural gas leak in that body of water could threaten people more than three-quarters of a mile away.

people in the gas industry say scientifically that is unsupported. one idea floating around is to have it off loaded in the outer harbor. the state safety secretary he will arrange for officials all over boston to receive a full security briefing from the coastguard before anything happens. we'll bring you more when we get it. >> julie: laura ingle, thank you very much. >> gregg: now to condition mark, a smeol man charged to killed the danish cartoonist. 28-year-old suspect rivaling to court on a stretcher. he was shot by police are a after breaking in the cartoonist's home on friday. kurt westergaard flid to a special safe room with his five-year-old granddaughter during the attack. neither he or the child was hurt. he has been the target of numerous death threats since

depicting mohammad in 2005. >> julie: north korea staged a massive rally, about hundred thousand people turning out in the central square. they say everyone came to show support for new politics with better relations with the u.s., believe it or not. and a higher standard of living. north korean officials watched from a balcony but it appears the leader kim jong-il did not attend. >> gregg: a fox news alert. the search is on for a missing baby from arizona, police have arrested the child's mother in florida, but there is still no sign of the baby. there is the picture, take a close look. eight-month-old gabriel johnson hasn't been seen, that is when he and his mother disappeared in arizona. the mother was due for a custody hearing on the monday after christmas.

she didn't show up. qops tracked her down to miami beach. the baby was not with her and she is not talking. they are deeply worried of what the mother has said in the past. >> but there have been threats made. at this point there is no evidence, no threats have been carried out but we are concerned where we don't know where the child is. >> police believe the two were in san antonio for the holidays. we'll hear more from the police at the bottom of the hour. >> julie: a massive mudslide burying a resort in brazil. a chunk of hillside nearly one thousand feet wide gave way on friday. witnesses claim that the structures collapsed under the impact. local police say nearly 80 mudslides were reported in the region. heavy rains are to blame for at least 50 deaths after three days of downpours. major snowstorm expected to hit

northern new england. intense blast of winter cold is sweeping over most of the country, bringing in freezing temperatures. domenica davis is in the fox weather center. >> they saw some low lows down to florida but the cold air, certainly up to the north and plains. and the wind here, 24 is what it feels like. minus 17 in international falls. you can see the actual air temperature is pretty chilly down to the south. everybody from the plains off to the northeast down to the mid-atlantic are dealing with significant wind. that is due to this coastal low that is going to bring lake effect snow showers but also storm that you mentioned to northern new england. he it is on the radar and you can see a few bands of lake effect snow that will ramp up

over the weekend. a lot of snow will come down, one to three inches, but the big snow maker is this low pressure system that is sitting off to the coast. it's going to deepen as it continues to move to the north. snow will get heavier, we could be seeing blizzard conditions from portland up to bangor. but the meantime it will cause significant snowfall from new hampshire all the way up to parts of main. >> so the darker shades of blue we could see a foot plus by the end of this sunday. we'll keep you posted. >> julie: okay, domenica davis, thank you very much. >> gregg: one of the big questions in the failed christmas day terror attack, where were the trained air marshals. coming up, we'll be talking to a former air marshal on what could and should have been done. ugcl)

yeacl 's h fba icos y!tyft juneck yno itft'sse sut'cu tyftef (ckicli tyftef my joints ache so bad, i wake up in pain every day. i want to know why.

i want to know why my hair is falling out. how did this happen? how did this happen? a little pain in my knee. that's how it started. that's how it started, this rash on my face. now it's like my body is attacking me. i want answers. announcer: when you don't have the right answers, it may be time to ask your doctor the right question. could i have lupus?

>> gregg: the savage drug violence in mexico claiming the life of a california school board member. the family says he had nothing to do with drug trafficking heat was simply in the wrong place

and the wrong time. they were out with friends wednesday night in the city of gomez when gunmen stormed a restaurant hauling away the assistant principal and five other men. police found their bodies. the next day they were dumped in the canal, the men had been shot. >> julie: new concerns in the ongoing investigation of how a man got on board a plane with explosives strapped to his underpants on christmas day. why weren't there air marshals on that flight on the? the bomb plot failed but not because of u.s. security efforts. it was because the bomber wasn't able to ignite the bomb and the courage of passengers and crew. what happened to the trained air marshal plan that was put in place after 9/11? joining me is a former air marshal and president and security group, great to have you back on.

>> thank you. >> julie: maybe you can explain had their been air marshals on the flight, how would the situation have been handled differently? >> if the air marshal00 been on the flight, the marshal would have interinterdicted the passenger earlier. the real issue, air marshals are on the ground. if they were on the ground before the plane departed he would have been observing the passengers and probably would have noticed this interaction taking place between the umar and the gentleman that was taken into custody for a brief moment. he may have noticed something in advance and never allowed him to get on the plane. >> julie: air marshals usually fly in pairs and they are trained to operate covertly and to blend in with the traveling public. so that kind of makes you think, they don't necessarily act as a deterrent if no one knows they

are there. is that part of a process order of making people think twice knowing that air marshals are on board? >> that's right. what is game show, what is behind door number one or two. you don't know whether you have one on the plane or not. that is the unknown that the terrorist has to face. in this case, there should have been been a marshaling on plane. there ought to be marshals on every plane from a foreign port. this is not a failure of the marshal service, per se, but it's more on the ground personnel that didn't interdict in the first place. we talked about the need for profiling, talking about racial profiling, one commentator you need to profile every muslim male. we don't need to do that. we need the muslim community to work with us on that.

so it's behavioral profiling. >> julie: here is what i think is frustrating for americans and anybody that boarded a plane. every time there is a terrorist scare, immediately after and all of a sudden there are measures put in place, after the shoe bomber attempt to blon up an airliner, we were told to take our shoes off. now you can't get through security without taking off your shoes. that was put in place because of the shoe bomber. then umar farouk abdulmutallab tried to set off a bomb moments before landing. passengers are being restricted leaving their seats one hour before landing. last hour of your flight, whether you have to go to bathroom or not. you have to stay put in your seats. maybe you can explain to me what kind of difference, not allow those passengers to roam into bathrooms at the end of the flight but yet they can mid flight. what difference does that make, does it?

>> the logic behind it you are going to control the movement of the passenger and recruit can see what they are doing. it's really another knee jerk reaction. it noose effect in terms of practical measures for security. it doesn't do a thing. you are telling somebody don't get an hour before. if i'm a bad guy, i'm going to get up. >> julie: and you can't tell the passengers you can't go to the bathroom. you can't implement much in the air. it has to be implemented on the ground, once the plane has taken off. the security is over as far as i'm concerned. umar farouk abdulmutallab packed these explosives in his underwear. and evasive pat down would find out what he was hiding. how do you prevent someone else doing the same right now?

>> well, it was a running joke base of all the security measures taking place, you can't take liquids, you to take your shoes off. somebody is going to bring something in their underwear and we'll have to fly naked. that is essentially what is now. it's a layered approach where you have multiple layers of security to give you opportunities to screen out people that don't need to be on the plane. once you are on the plane you don't need to solve the problem. >> julie: what i want to know, why is the monday morning quarterbacking going on? >> there is a lack of leadership at tsa. one of the things that was joked about, tsa stood for thousands of standing around. it's not the fault of the women on the ground. it's a lack of leadership.

they rely too much on technology that is the difference between u.s. security and israeli security. we have been saying you need more federal trained personnel in place much like you have at immigration when you come back in the united states where you have eye contact with the passenger and asking him questions and looking for telltale signs of somebody that doesn't need to be on the airplane. a metal deshlgt is not going to detect it and if you are talking to the person you would never know to give them a secondary search. >> julie: i remember i heard a story out of tel aviv airport, and america was struck. i don't understand we're still talking about this and why there aren't stricter guidelines. air marshals would be a help and they are not on every flight. >> i think part of the problem we focus as a country on the air

marshal, again that is the last resort. that is putting a patriot missile system in place to stop the missile we need to stop it before it fires off in the first place. we have watch lists and no fly lists, we've got all the security measures that we could use but they are not being used effectively. you don't have trained personnel standing there screening passengers. we've got people that are just signed up for a job, but they don't get the proper training. they're not selected carefully enough. i think you guys had on a tsa employee earlier today. she said the same thing. there have been so many breaches because tsa's lack of leadership. this is going to happen again. it's a matter of time. we've been lucky so far. >> julie: all right. jamie smith, thank you very much. >> have a good holiday.

>> gregg: eight-month-old gabriel johnson, today his mom is in custody and cops say she is not talking. in a moment we'll speak to the police department leading the search. yd

'. >> gregg: reinforcements they need to beef up where the government has little control. >> america is stepping up aid to help yemen to battle al-qaeda's presence there. president obama used his address to talk about the cooperative effort and blame al-qaeda for training and arming umar farouk abdulmutallab, christmas day bombing. police in denmark charging a somali man of two counts of

attempted murder. armed with ax and knife tried to attack the cartoonist that drew the image of the prophet muhammad. >> julie: they are accepting desperately for an 8 mo old boy, gabriel johnson was last seen two weeks ago when he and his mother left arizona. authorities believe they went to san antonio for the holidays but johnson was back on the custody hearing on the monday after christmas. she never showed up. cops arrested her in miami beach but without gabriel. >> thank you very much, sergeant for talking to us. i understand the mother is held in miami beach. is he is talking? >> right now she is not providing us with any information as to whereabouts the gabriel. >> julie: how did she get to

miami and what do police think she did? >> we're trying to figure out. we're reaching out to the public for any information. we have information that led to us miami beach. they were able to locate her. unfortunately gabriel is not with her and that is what our main concern is. >> julie: what kind of threats has she made in the past regarding her son? >> our investigators are still working around the clock to try to get as much information so we can get it out to the public. again, it all started basically monday when she lost her custodial rights to gabriel and did not show up for the court case. we're trying to get the photo of young gabriel. if any has any information. >> julie: how old is elizabeth? >> she is 32. >> she leaves with her baby -- she is 23.

>> she was staying in texas in december and gabriel hasn't been sign the 26th a week before she was supposed to go to the custody hearing. who was she staying in texas? >> we do not have much information about that. we did release information that elizabeth and gabriel were seen in city park of six flags area of san antonio. that that is the most recent information we have. that he was last seen on the 26th. that is the information we have on him. >> julie: does she have family or friends in infections? >> we have investigators that are trying to get that information. no known correlation to the san antonio area. could be anywhere from san antonio to miami beach, anywhere at this point. >> julie: what the relationship like with the family, obviously not the father, that is not good.

but does she have parents in arizona or did he is just drop off there? >> there is a small amount of family that we have spoken to. they have not been able to provide any information at this point about his whereabouts. >> julie: it reminds you of the casey anthony case, a young girl had a young baby and became overwhelmed and the baby disappeared. what is the gut feeling here? >> i'll tell you, i've been doing law enforcement for about 12 years now. a lot of times, you can pinpoint some of the things in these cases. in this case, we're trying to get any information we can. there is not a whole lot available. so anybody, we're asking anybody that may have seen them together to notify their local law enforcement. they can call us directly. anything they can do to give us any information. >> julie: i understand you are

still looking for the vehicle that elizabeth drove off in. we have a description here. as the white 1995 oldsmobile, arizona plate on s on the screen agz4214. she was found in miami beach. she obviously got there in her car. the tip line 480-350-8311, tempe police department. so she obviously drove to miami beach but when she was found, where was she where she was discovered? >> there is some information we're trying to figure out is the location of the vehicle. we don't know where the vehicle is at this point. she was located at a hospital in the miami beach area by the miami beach police department. so we were very, i guess, disappointed to hear she was not

with gabriel. our main focus is locating gabriel. >> julie: and locating that car that could have evidence. thank you very much. good luck to you, sir. we hope you get good news soon. sergeant, thank you very much. thank you very much for the time. >> gregg: new revelations in a gun duel in the n.b.a. locker room. a washington wizard never told the league that he and his teammates drew guns on each other. the n.b.a. became aware of the incident when the newspaper inquired about it. the fight reported over a gambling debt that they say he owes him. >> julie: in japan, think are looking into a robbery. it happened in the jewelry store in tokyo upscale district a busy high end shopping area.

rob or drilled a 20-inch hole through the concrete wall and walked away with about 200 watches worth about $3.2 million. >> gregg: did you make your new year's resolution to get your finances back in order? plenty of new rules and new fees out there. patricia powell, she is here now with the strategies for managing your debt. >> good to be back. >> gregg: is this going to be a good time to refinance your mortgage? >> yeah, i think it is. this may be the last opportunity that people have to refinance at the very low rates. if you are going to stay in your home for a while and you qualify you really want to take a look at these rates. according to the bank rate.com, average mortgage rate was 5.26%.

pretty low when you consider that number also has some good and bad numbers on both sides of it. you might also want to consider that the fed has been buying mortgage backed securities, blowing up the balance to a trillion dollars. they announced they are going stop. what is important about that. by buying those mortgages, they kept rates low. they stop, a people think they will let rates rise. inflation is low. if inflation, you could get the double whammy. you get feds stopping buying. so at each point that it changes you lose about 10.5% on your monthly payment. it's a big number. you may not see 5.26 in a long time. >> gregg: a lot better than the 16% in the 1980s. buying a house, good time?

>> i think so. if if you are in market sitting on the fence, a couple of reasons you may want to consider getting off the fence. you might want to buy before april 30th, there are two tax credits. either the $8,000 first time home buyers tax credit that ends on april 30th and there is a $6500 for people who already own homes. you have to qualify for them. you combine that with most built rates could be higher. if you are sitting on the fence you might want to get off that fence. >> gregg: next tip is important. all of us needs to keep an eye on on our credit score? >> absolutely. this is not just your credit score. it's also the people looking for jobs and also people to ho drive cars. it affects everything. you can get your credit report for free from annual credit report.com but you can't get

your score for free. usually when you get your credit score, you pay a little about it they give you tips what you can do to improve specifically based on your behavior. >> gregg: interest rates on credit cards, this gets us to next tip, to me, it's loan shark go. it really is. >> it would be honest to wear a mask and carry a gun. >> gregg: you say consider a credit union? >> the interesting thing, if they are national, they are limited to a maximum of 18% on credit card. if you are talking about a state chartered credit union, they have state taxes and they vary by states. it's worth taking a look at. don't get yourself in a position to pay interest on the credit cards. >> gregg: how about challenging a bank and these charges i'm not going to put up with? >> absolutely. if you see something on your

bill you don't like it, you call up the bank. you don't always win. you have to be prepared, sometimes you win and sometimes you don't. if you don't ask, you don't get. challenge everything and also be prepared if you are really upset about it, i've done this, i've cancelled the card. i've walked away and sometimes i get what i want and sometimes i don't. >> gregg: i think banks and other financial institutions scam people on overdraft charges? >> absolutely. the new credit card law that comes into effect in february of this year makes you -- the one on the limit on the credit card, you have to opt in to get them to agree to a higher limit. but the problem is that $39 comes in, remember what the word limit means. don't do it. the real problem is not the $39, it's all that credit card debt you've got. >> gregg: speaking of that, kids

and credit cards? >> this is the best thing. they have required that children under the age of 21 get a cosigner. some advice, college age students should be put on credit cards -- what are you nuts? i don't agree with this. teach your kids about the evils of debt. teach them to use a debit card. >> gregg: they don't quite get it. i see a lot of advisors. what shall they out of their minds? >> gregg: you have to understand the meaning of a dollar. pat powell. thank you very much for reminding us of that and all the great tips. >> julie: a tennessee man, he wanted a whole machine. how deputies foiled what a local person is calling the strangest crime he's ever... seen next. ooo

>> julie: communities depend on them so much more than books. >> casey siegle. how many libraries have been affected exactly? >> these are the latest casualties of the failing economy. the numbers are very difficult to track, but there is no doubt about it. whether you live in a big city or small town, virtually everyone has been affected as municipalities have been forced to "a", trim library hours or "b", close the doors to branches altogether. one community here in southern california closing all three public libraries, laying off 60 staff members in an effort to save the state money. this is not just limited to california, funding for public

libraries has been slashed about 30% in the state of south carolina and florida funding about 24% down from this time last year. it seems virtually is affected as most states start this new year with gaping holes in the budget. >> julie: how is the problem twofold? >> a lot of people think of libraries to go get books check out the dewey decimal system. there is a bowl lot more. one of most popular services, computers and internet. a lot of people don't have those products at home so they go to the library to check their e-mail or look for jobs. as we know, unemployment jobless rates at an all time high. more people are going to the library to use the internet to find new jobs. this is having a big impact on those people but also folks wanting to check out books as well. >> julie: any idea on how many

men's have been affected in this? >> this a fascinating number. when we sat down to do the research, 1.2 billion people use libraries last year checking out some 2 billion items. that really puts it into perspective in terms of how many people utilize those service and how many people could be affected if we start closing doors. >> julie: casey siegle, thank you very much. >> gregg: you're going to like this one. a soda machine thief leading police on an incredible wild chase in tennessee. yep, there it is. there is the machine, swinging dangerously from a chain behind the blue truck. the driver stole the machine from a dollar store. someone saw it dragging down the highway and called the cops. the chain gave way and he kept going. deputies pulled him over and he is charged, theft, resisting

arrest. turns out the guy wasn't thirsty. he wanted the cash that was in the machine. >> julie: could he argue he actually got stuck there. i have no idea i was towing it down the street. that guy is in big trouble. go ahead. this next one. >> gregg: you remember henny youngman. he was a grade comedian. >> julie: take my wife, please. >> gregg: take my wife, please. a italian man is in jail rather than be with his wife. he is not the first. back in october, a man was serving home detention, he begged police to take him bars. the reason is his wife.

that could be an eighth amendment violation. >> julie: people can't afford divorce these days so they prefer prison. >> gregg: it's awful. >> julie: did you know that the government, they try to improve the general health of americans. they do. coming up to check to see how the past decade went. we're going to ask our medical expert if our nation's health is getting better or worse. did we pass or flung the last ten years, next.

>> julie: topping the news this hour, president obama links the would be christmas bomber to al-qaeda for the first time. in his weekly address, he said an al-qaeda group in the yemen directed umar farouk abdulmutallab to try and blow up northwest flight 253. >> iran warning it will produce nuclear fuel on the own unless the west accepts their plan by the end of january. tehran insists the nuclear program is only for electricity production purposes. nationwide hunt is on for this baby boy. gabriel johnson was last seen with his mother, 23-year-old elizabeth johnson. she lost custody on december 28th and they arrested her in

miami beach but they don't know where the little baby is. >> gregg: as we wrap up another decade, government is getting ready to deliver a report card of sorts on the nation's health since the late 1970s. department of health and human services set ten-year goals to improve the health at the start. >> julie: how did we do. you did great well. >> gregg: recently i lost a lot of weight. you just putting a little weight on there. >> julie: i happen to weigh more than you did before you lost the weight. anyhow, how are americans doing. what the government's new set of goals to meet by 2020. joining is carolyn cromwell. thank you very much. here is what i got out of the research today, we're fatter, but somehow, in some respects

we're healthier? >> in some ways we are healthier first of all i think it's a great time to be talking about this. we all made our new year's resolutions. sometimes i keep them and sometimes i don't. these are ten-year resolutions for our country's health. in terms of things we have failed upon, categories that we are failing in obama's. >> we put -- obesity. >> gregg: why is it we flunked that? >> america is getting bigger. we are more knowledgeable about the health risks. >> gregg: are we not listening to experts like yourself? >> i think we still aren't listening. we love food and we love to eat. and we are not exercising enough. it increases obesity. ten years ago a quarter was

overweight now we're up to a third. >> julie: we eat more salt and fat. more of us have high blood pressure and more of our children have untreated tooth decay. why is that? >> i think the obesity, we are gaining more weight. too much sugar and salt. we run into problems with high blood pressure, it's gone up 28% to 29% when where we were trying to decrease it. >> gregg: let's go to where we did well. we got passing grades here. let's put the next report card, vaccination rates down, deaths from strokes and cancer. heart disease is dropping? >> we meant our vaccination goals. that was a great had you been health push. 80% of our children under the age of 19 are now vaccinated. so in that category, we get a

good passing grade. >> julie: what is interesting, the rates of stroke, cancer and heart disease are all dropping yet we're talking about how obesity is on the rise and that the leading cause, one of the leading cause. clogged arteries for heart attacks? >> what we can't tell from this information what is making those rating down. is it screening? are we getting cancers earlier? treatments have improved, is treatments for strokes improved. something we can't tell is where we truly improved. >> gregg: let's talk about babies and infants, births, proportion of birth by cesarean section, increased despite a goal of lowering them. percentage of infants bornaul small and fragile increased? >> that could be a number of issues. more maternal health education. rates of cesarean section, it

may take time for those rates to improve, for those rates have gone down. while we assess every year it may take more time. >> julie: what can be done so we can be more successful? >> number one, more information to the public and patients. the web is a huge powerful tool. so let's use that to encourage people why the goals are important and why is the government interested in them. these are preventable and we're trying to preventing that and promoting health. that is a big one. also these are goal implemented. just like a new year's resolution, we need how we're getting to the goal. more information as to how we can actually implement the goals and follow them along the way. >> gregg: good advice for everybody including our mother-to-be.

that is a great things. >> julie: doctor, thank you very much. >> gregg: what role did al-qaeda have in attempted blowup of the plane on christmas day day. more details coming up. that's everything for chicago. and fedex ground will get ithere fast. wait. fedex has ground shipping? oh, that's right. you just woke up from a 23-year coma. yeah, it was a long one. did i miss anything? uh, the cold war ended. [ man ] pluto's no longer a planet. culture club broke up. the berlin wall came down. wait. the club bre up? i never saw them live. that was too soon. what have i done? [ male announcer ] we understand.

you need it there fast. fedex ground.

hello, everyone. i'm gregg jarrett. >> i'm julie banderas. welcome to a brand-new hour of america's news headquarters. soon the accused 9-11 master mind and his four accused co-conspirators head to a federal court in new york city instead of a military tribunal. we're going to look how a recent case against security company blackwater could affect this case. >> and growing concerns about al-qaeda's operations in yemen, has one major american city considering changing its entire way of shipping cargo. >> president obama today giving the most detailed account to

date of the link between the would be christmas plane bomber and al-qaeda. the president confirming 23-year-old umar farouk abdulmutallab traveled to yes, ma'amen and had contact with the branch of al-qaeda based there and that he had a role that -- that they had a role in the plot to blow up northwest flight 253. molly is covering that from washington. >> president obama says the u.s. is at war against, quote, a far reaching network of violence and hatred. and that the u.s. will do whatever it takes to defeat them. the president, who is vacationing with his family in hawaii, said an initial review of the plot to bomb the christmas day amsterdam to detroit plane has revealed more details about the suspect. >> we know he traveled to yemen, a country grappling with poverty and deadly insurgencies. it appears he joined affiliates of al-qaeda and this group,

al-qaeda and the arabian peninsula, trained him, equipped him with those explosives and directed him to attack the plane headed for america. >> the president said he expects his counter terrorism and homeland security advisors to present final results of their inquiry, as well as recommendations about how to proceed in the days to come. in the republican weekly radio response, the top gop senator mcconnell said the new year always brings renewed hope and optimism, but with two ongoing wars, prolonged recession and unemployment around 10%, he said these are, quote, difficult days for our nation. >> while it's true that many of us approach the issues differently, at the beginning of a new year, it's important to remember that we're all united by our love of country and by a common face that no challenge is to great for the american people to overcome. >> as for the christmas day bomb plot investigation, president obama says the u.s. has been

stepping up its cooperation with the country of yemen to go after terror groups there. today yemen officials said she sent several hundred extra troops to provinces where al-qaeda is said to be strong. >> thank you very much. and coming up at the bottom of the hour, we will be talking live with general tom about what the military can do about the al-qaeda problem in yemen. we're getting new reaction from the homeland of the suspects terrorist behind that botched christmas day attack. many in nigeria are shocked that one of their own appeared so willing to kill so many. greg bush has the reaction. >> reporter: talking to friends of the family of umar farouk abdulmutallab over the past few days, it became very clear that they embraced a much more moderate version of islam than their son. most nigerian muslims do. they're quick to point out the radical ideas abdulmutallab picked up were abroad.

despite having 75 million muslims, they're not known for breeding international terrorist. >> it's not in the culture of its people. even among muslim, they're progressive. >> reporter: umar farouk abdulmutallab came from the elite society, unlikely perhaps to get radicalized, but very use. to terrorists once he was. most nigerians are living in devastatingly poor conditions, often without running water, life expectancy is just under the age of 47. what seems to unite most muslims and christians in this country is poverty. >> what might be on a collision course is not christianity and islam. it is not religious. it might be the have notes and the haves. >> reporter: he was among the haves of this society, a very small percentage of nigerians with a lot of money, a lot of possibility to travel. just one more reminder, perhaps, that not all terror suspects are angry with the west because they think they have no chance for a

better life. in knee engineer i can't, fox news. two more ship hijackings off the coast of somalia. privacy remains a problem. a year after an international naval armada began deploying off the horn of africa. those patrolling say the british flag asian glory was seized yesterday. roughly 600 miles off somalia. its 25 members were outside the patrolled area when it was attacked and hijacked. the same day pirates seized the a tanker from aidan. the ship's master radioed that the crew of 24 was safe. grief and fear in a northwest pakinstani village as families buried dozens of victims of a suicide attack. officials say 96 people were killed in the friday attack in an outdoor volleyball game in their still looking for more potential victims.

officials there say the truck bombing appears to be a revenge attack against anti-taliban groups. the motive to scare civilians from fighting back against insurgents. brutal cold and heavy snow pounding the great lakes region. cleveland and surrounding areas have been hit hard. and they can see up to 12 inches of snow through this weekend. safety officials are warning drivers to use caution due to slippery roads and poor visibility. domenica davis is live in the fox weather center with more. hi there. >> hi. the lake effect snow is going to be a problem this weekend, but not as much as we'll see up in the extreme northeast for places like new hampshire and maine where they're looking at blizzard warnings right now. low pressure just to the north. it will deepen tonight and throw back a lot of snow and up the wind. so that's where we'll be looking at. a swath of what could be up to 18 inches by sunday morning. for that, we have blizzard warnings in effect now.

this is coming out of caribou, maine. that will be in effect until sunday at 2:00 o'clock in the afternoon. it will be allowed to expire. look at these cold temperatures. something else really, when you look at the temperatures across the country, all of this cold air is pouring down from canada and it's affecting just about everybody. we do have very extreme conditions to the north, but look down even to the south. memphis today is only 29 degrees for the current temperature. tampa, 54 degrees. we are seeing some very chilly air that is pushing in through much of the country with below average temperatures that are going to stick around through sunday. here is a look at the wind chill. bitterly cold tonight with many readings going down into the single digits. the winds will stick around for the northern plains off to the northeast through this evening as well. so that wind chill will stick around through the weekend. pretty significant. take a look at these wind chills, current wind chills in the plains. minus 23.

that's a feels like temperature in international falls. >> all right. thank you very much. >> massachusetts where concerns over al-qaeda activity in yemen could soon affect shipments into boston harbor. boston's mayor looking to keep a yemeni tanker from hauling liquefied natural gas into the harbor. there is the mayor. the shipment is scheduled to arrive next month. laura ingle is live with more on this. >> reporter: the mayor of boston and everett where the tanker ship is expected to dock, have been on the phone the last few days working on a plan to meet up and get the department of homeland security involved to help assess this risk. liquid natural gas tankers come through here all the time, usually coming from places like egypt, trinidad and tobago. this would be the first time a liquid natural gas tanker originating from yemen would come through the area and as of right now, it is just a proposed plan. the cold northeastern area

surrounding the harbor needs liquefied natural gas to turn into heat for residents and businesses. one idea proposed by the mayor of boston is to look at the possibility of unloading the liquefied natural gas away from the city. u.s. coast guard officials who are in charge of securing the area say they are coordinating with local, state and federal partners in that area to see if there is additional security that might be needed. >> right now with all vessels calling on port to port in the united states, they submit a 96 hour notice of arrival and we do security checks through documentation sometimes with physical boarding teams on board the vessel. >> there is also the lingering warning that came from a 2004 memoir by former counter terrorism czar who wrote that officials have learned that al-qaeda operatives had been infiltrating boston by coming in on tangors from algeria. concern there. the department of homeland security has recognized the threats posted to the boston area and just last month,

elevated the city to a list of their tier one urban area security initiatives which means the boston will receive 30% more in homeland security funding. it's a story that continues to develop. we'll bring you the latest when we get it. >> thanks very much. >> a lotto political history made, the inauguration of our very first african-american president, health care, a beer summit. as we look forward to the new year, let's take a quick look back as events unfolded throughout nine. here is craig. >> so help you god. >> congratulations, mr. president. >> reporter: after taking his oath before the largest inaugural crowd ever, president obama wastes no time reversing bush administration policies. signing 16 executive orders in his first month from closing gitmo to loosening restrictions on abortion funding. a bailing economy dominates the beginning of his term, despite

gop objections, he signs a $787 billion stimulus bill. after two of the big three auto makers filed for bankruptcy, the taxpayer funded cash for clunkers program injects money back into the u.s. auto industry. and three months in, supreme court justice david suiter retires, ignite ago battle for the bench. >> i have decided to nominate judge sonia sotomayor. >> but they jump on her for past comments suggest ago wise latino woman could make better decisions than white male. >> that particular phrase bothers me. i expect every judge to see all the fact. >> my rhetorical device failed because it left an impression that i believe something that i don't. >> reporter: in the end, senators confirmed the new york native, making other the first hispanic on the high court. health care brings heated debate, town halls. >> now, wait a minute! >> reporter: president obama tries to reclaim the issue before a joint session of

congress refuting criticism, including the idea of death panels. >> if you misrepresent what's in this plan, we will call you out. >> reporter: but republican joe wilson does calling out of his own. >> lie. >> reporter: that firestorm ultimately calm. >> the bill is passed. >> reporter: the house votes on and approves health care. >> the yeas are 60. the nays are 39. the patient protection and affordable care act is passed. >> reporter: the senate goes down to the wire and passes a bill giving the president a major legislative victory going into 2010. >> with passage of reform bills in both the house and the senate, we are now finally poised to deliver on the promise of real, meaningful health insurance reform that will bring additional security and stability to the american people. >> reporter: with the new president comes a new top commander in afghanistan. during the summer, called for 40,000 more troops, sparking

criticism by the president who took months to review the strategy. >> the white house must stop deatherring while americans armed forces are in danger. >> reporter: eventually, mr. obama announces 30,000 more troops will be sent. >> the status quo is not sustainable. this danger will grow if the region slides backwards. >> reporter: he logs international miles during his first year, getting a warm welcome everywhere and unexpected nobel peace prize. some republicans call his speeches apologies. >> there have been times where america has shown arrogance and been dismisssive. even dresssive. >> reporter: there are distractions. >> i urge you to choose chicago. >> after a interrogatory presidential push, the olympic committee rejects chicago for the 2016 games in the first round. >> the cambridge police acted stupidly. >> he hosted a beer summit over the arrest of a black harvard professor. and the gop attributes

gubernatorial wins in virginia and new jersey to the president's flopping approval rating. democrats did pick up another senate seat after arlen specter switches parties and washington says good-bye to the lion of the senate, as ted kennedy is laid to rest in arlington cemetery. (taps played). >> a judge just threw out the charges in the case against blackwater security guards and blamed it on mistakes by prosecutors. could the same thing happen when accused 9-11 mastermind and his alleged co-conspirators have their day in court? we're going to take a close look at that. 

here is a look at your top stories of this hour. a somali man is charged with attempted murder in denmark after police say he tried to attack a controversial cartoonist. police shot the suspect after he broke into the artist's house. the cartoonist ignited a fire storm in the muslim world with a character coo during of the prophet, mohammed. in brazil, rescuers are currently looking for survivors of a massive mud slide. 26 people were killed in an island resort southwest of rio.

president obama today confirming the 23-year-old umar farouk abdulmutallab went to yemen where al-qaeda trained him, then ordered him to blow up northwest flight 253 on christmas day. >> a federal judge dismissing all of the charges against five blackwater security guards accused of killing unarmed iraqi s. saying they built their case on statements that were in essence, coerced. now, that's obviously a fifth amendment violation. soon accused 9-11 mastermind, this guy, and four accused co-conspirators, will be headed to federal court instead of a military tribunal and remember, many of their statements were reportedly coerced. is there a danger of their trials ending the same way? veteran defense attorney jerry boyle joins us live from milwaukee. good to see you. >> hi, how are you doing? >> i'm fine.

could a federal judge presiding over the trial of khalid shaikh mohammed employ essentially the same law and reasoning contained in this decision by the judge in the blackwater case, all 90 pages of it, and dismiss the charges against khalid shaikh mohammed? >> i've been worried about this since the day i learned that some decision was made by somebody with certainly some more ontic thinking to bring these people into new york for trial and put them under our rule of law which cloaked them all with constitutional rights that any american citizen would have and the fact of the matter is, is there have been many cases over the years dismissed when there has been a showing of egregious misconduct on the part of law enforcement and they're going to claim torture and that's egregious and i am so afraid that some judge is going to be saddled with that question. >> the supreme court, 56 years ago, legendary ruling said it is

unconstitutional for government agents to treat a defendant in a way that is so offensive that it, and this is a quote from the supreme court. this is their standard -- it shocks the conscience. it's indecent and unfair treatment. would worth boarding violate that standard? >> let me just say this, my son is a marine officer overseas and i'm sick when i think that somebody somehow or another could rationalize that these men, these terrorists who are water borrowed boarded suddenly get constitutional rights in a court of law that they were mistreated. of course, they're in a war. people who are in a war are usually mistreated. >> yeah. now suddenly, an enemy captured on the battlefield in a war, the rules are different, as you

point out than obtaining information on american soil if you commit an act. look, the attorney generic holder, said, we have other incriminallating evidence you don't know about and that won't be suppressed. as i read the law, it's not that. everything could get thrown out. right? >> absolutely. and i don't know general holder, how in the world he could possibly think that there is going to be sufficient evidence. but it goes beyond that. let's assume there is other sufficient evidence. when the defense lawyer says, you know, judge, my guy was water boarded and he was tortured, you got to throw this case out because the conduct shocks the conscience of the court. that may well be if you weren't in a war. in a war, there is all kinds of different rules. >> and in a military tribunal, the shock to conscience standard doesn't exist because they realize that it was a war. >> and everybody is shooting at

everybody all the time trying to blow them up and kill them. i mean, that kind of gets us into a different realm than the american citizen who isn't advised of his miranda warnings. >> what i want to get to is this blackwater case. a clinton nominee, the blackwater cases, the judge decided all the other crucial evidence and witnesses and so forth, all of that's tainted by exposure to the statements that were illegally obtained from the defendants. so the same could be true of khalid shaikh mohammed and the other four defendants. >> and do you have any idea what's going to happen in america if that ever comes to pass? there would be a revolution of the highest order amongst the people. these people who killed 3,000 of our citizens and i happen to have known one very well, young woman from milwaukee that was killed there, that this bomb is going -- this bum is going to

walk and they're talking about the fact, well, he's going to be found guilty. well, they don't know that. and first of all, they shouldn't be making that statement to begin with. that's not what lawyers are supposed to do. but why they ever brought somebody who wasn't even in our country and cloak them with our constitutional rights, you have to be nuts to try and visualize that rationale. >> all right. jerry, as you pointed out, your son is a lieutenant colonel serve not guilty afghanistan. he's had several tours. our thoughts and hopes and prayers that he returns home safely to you and your family. thank you so much for being with us. >> thanks. >> the quiet of capitol hill will soon be broken when congress returns from christmas break, taking up the unfinished business of health care reform. separate bills passed by both the senate and the house will now have to be reconciled into one final piece of legislation and while the differences over key issues like the government

option, for example, abortion and funding remain unsolved and unresolved. for a fair and balanced debate on the prospect for a final health care bill. democrat and congressman trent franks, republican of arizona and member of the gop study committee join us now. thank you for coming in, gentlemen. >> thank you. >> good to be here. happy new year. >> happy new year to you both. you wrote a letter to nancy pelosi and it basically states what the senate bill lacks compared to the legislation that you worked to pass in the house. so i want to put up some of the health care pros versus the cons. you can tell me which you think are a pro or con and let us know the following key areas that you feel need to be improved upon. insurers have to take all patients, meaning they can't turn you down for a preexisting condition or cut you off after you get sick. that's a pro, right?

>> absolutely in both the house and senate have it. good. >> okay. and congressman franks, would you consider that a good thing? >> well, it's something that can be distorted quite easily if everyone that applies for insurance is guaranteed to get it, then a lot of the young people are going to simply say, we'll just pay the fine and then if we get sick, then we'll join the system. it has the potential mechanically and mathematically to break the system down entirely. we've always put a preexisting condition in different pools to try to prevent that. but there are some good things about that. it's just the trouble is that with the differences of the bill, primarily the senate bill is still a government-run takeover of health care. it still robs medicare of about a half trillion dollars, and this one, unlike the health bill in the house, forces taxpayers to pay for the killing of unborn children and that is not health care and the american people overwhelmingly reject it. but it seems nancy pelosi and

harry reid are hell bent on shoving this government-run health care system down the american people's throat. i can only say to you that if they keep it up, the american people may turn this whole administration and the democrat majority into one giant shovel ready project next fall. >> i want to talk about -- i want to give you a chance to respond to the abortion restrictions because harry reid sacrificed the public option to keep senator joe lieberman on board and tightened the abortion restrictions to reel in ben nelson on the abortion federally funded abortion measure. that's still not making republicans happy. is there any room here for negotiation? >> let me take a moment out and first say that this house bill that we passed is not government run. we know right now we have an insurance run type of monopoly

in 94% of all health insurance markets throughout america, how over the pasty years, if i might because of the time that that gentleman my good friend had, and actually we had the insurance companies between the doctor and the patient, denying those who had preexisting conditions like my eight-year-old daughter with brain cancer that she'll never be able to get health care on her own. we say it's a mandate that you can not deny health insurance to anyone with a preexisting condition. second, which is very important, is what we do and say, we're going to put a competitor out there. we can't abide these monopolies who dictate prices to everyone. in pennsylvania, 70% of health care plans are owned by two companies. so we put a public option, which is a choice, it's not funded by the government. it will live or die by those who decide to join it. with regard to your question on abortion, i'm a strong supporter of the hyde amendment and that's what we had in the house bill

before the amendment pass chad said that those individuals who decide to have a choice that they would like the option of an abortion. we say that their money, only their private money, segregated, those premiums that they pay can ever be used for that. not federal funding. we had a fair compromise and that's what we have to get back to the hyde amendment. this health care bill that we have is actually going to, after ten years, when my opponent derailed the clinton health care plan, has allowed 10 million americans to lose their health insurance. that's unacceptable. we have to change that. >> we are running out of time. i want to throw up the other pros and cons and congressman franks, i would like you to respond. cost containing measures, that's supposed to be a pro, according to democrats. everyone gets charged the same amount for insurance. mandatory health care would require everyone who has health insurance on a progressive upside, a mandate would bring

down costs and share risks more equitiably. it means forcing people to buy the insurance company's products whether you like it or not. low and middle income work on subsidy, limits on er charges to low income, out of pocket expense cap, medicaid expansion. congressman franks, a lot of stuff there that looks great. question for you is are the american people buying the democrats promises like the one that congressman pointed out? >> the polls show overwhelmingly that they're not because the american people understand that when you replace free enterprise with the socialist system, that it always costs more. in fact, i will just say this, if indeed the democrats lower health care costs under this socialist government-run system, it will be a first in the history of mankind. the only reason they even get some of the cbo numbers is because they rob medicare of a half trillion dollars. people aren't buying it.

i hope somehow ben nelson and some of the people in the senate, when this goes back to the senate, i hope it does, will find their conscience again and reject this while there is still time. >> congressman, i'll let you get the final word. you got 20 seconds. >> absolutely. the great things we have is that seniors, or even family members, young men and women no longer have to do co-pays when they go in for health insurance. so they come for preventative care, preventive screenings. >> we are going to lose the satellite. we just lost it, unfortunately. we had a limited window there. we were having technical difficulties. i want to give thanks to both congressmen for joining us on a fair and balanced debate here. thank you. >> president obama directly blaming the christmas bomb scare on al-qaeda for the first time today. now he's promising to step up the effort against members of the terrorist network based out of yemen, the most effective way for the u.s. to take out this group of killers, next.

time for top of the news. the search is on for a missing baby from arizona after his mother was arrested in miami beach, florida. police say elizabeth johnson disappeared with her eight-month old son, gabriel. there he is, on december 18. the boy remains nowhere to be found. around 100,000 north koreans turning out for new year's celebrations. the large rally is meant to demonstrate support for the government's annual policy message for the coming year. >> iran issuing an ultimatum to the west saying the united states and allies have until the end of the month to accept its counter propose to a u.n. plan on a nuclear exchange. tehran says if the west does not agree to the deal, it will begin creating nuclear fuel on its own. president obama says he is making it a priority to fight al-qaeda in the arabian

peninsula. the president now directly blaming the group for the plane bombing attempt by umar farouk abdulmutallab and saying that he will work with the yemeni government to strike at the terrorists based in their country. so what is the best way to go about crushing this growing threat out of yemen? joining us now is retired air force lieutenant general, a fox news contributor. thank you for joining us. >> thank you. >> over the years it has led to more attacks, strengthened by released al-qaeda detainees and returning fighters from iraq. when you hear iraq and you wonder what we did there and routing out terrorism, did the war in iraq strengthen equaled in yemen -- strengthen al-qaeda in yemen? >> it forced them to yemen because they were defeated in iraq, they were defeated by a

combination of the irky people and the u.s. constitution. what we have is a major crisis in that they are training people to attack our airline industry. this is very focused. they have already trained 25 mules in addition to abdulmutallab and so we have a crisis that is developing in its -- and it's imminent. we have to do military things and things with tsa. it's a very serious situation. >> if yemen is a new hotbed of terror, what can be done about it? what needs to be done about it? >> all right. we need to be very aggressive in our offensive operation. so that means number one, we've got to increase our intelligence, all source intelligence in the yemen area. we've got to increase the uab's that we have there that can strike these targets once we identify them. we missed a huge opportunity, julie, when we let abdulmutallab get away and didn't call him an enemy combatant, where we could

have found out information of where he trained. what was the name of the bomb builder that he met and that trained him? what locations did he go? what were the names of the other people? this would have been huge operational intelligence. so we've missed that. we've got to then refocus on our assets that we used on the 17th and 24th of december when we killed 60 al-qaeda. but that in concert with some ground special operations forces working with the yemen, these are the military actions. but at the same time, because i believe in the next 30 to 120 days, there is a danger, a very high probability that, a u.s. airliner will come down because of one of these bombers. so we've got to go to more than just the normal process that they're talking about now. we have got to go to very, very strict screening and we have to use profiling. i mean the very serious and harsh about the profiling. if you are an 18 to 28-year-old muslim man, then you should be

strip searched. and if we don't do that, there is a very high probability we're going to lose an airliner. >> that's a bit strong, though. i mean, it really, racial profiling, first of all, is extremely controversial and it would be essentially singling out people because of a religious group, because of an ethnic background. that's just not going to go over. not in this country. >> julie, i agree. that's the problem. if you lose 300 americans and people are going to say, why didn't we do this? the fact is, if that age group doesn't like it, then what are they doing to stop this jihad against the west? what is saudi arabia, the holy cities, why aren't they putting out a post that says this jihad against the west is an unholy war? they haven't carried their role in this problem. >> i mean, god forbid we actually did that, okay, and we actually did profile every

muslim that tries to enter this country within a certain age group. that would just, i would imagine, generate more violence and hatred toward the west and what we're trying to do, at least my god, i hope we're trying to do -- is make peace with those who hate our country. obviously diplomatically that's not working. the president says he is making it a priority to strengthen our partnership with the yemeni government to work together and strike al-qaeda terrorists. let's talk about what we can do realistically here. okay? we're literally throwing money at the problem. we doubled our aid this year. the president approved a release of gitmo detainees who are likely to rejoin terror cells. president bush did it and they joined al-qaeda leadership. we're repeating the mistakes of the past. let's try to correct the mistakes of the past. not make the same ones. racial profiling, not necessarily, i don't think a solution, but then go again, i'm not a government official.

>> first of all, it's not racial profiling. it's profiling, like the israelis do. let's use the same procedures that they do. let's not let those 91 get mow prisoners, yemen, who are supposed to go back there, let's not release them. two are now the leaders over there. last month in december of 2009, they released six more. will they become new leaders? so there are a number of things we can do. i do not want to racial profile. i want to profile on that group that we have enough evidence from 9-11 and other cases that we know what we're looking at. they're using an ideology not a religion. that's certainly not a religion that says you can kill innocent people, julie. this is an ideology. we need to challenge that. if we continue to become politically correct, then we're going to have to have a disaster and that's all i want our viewers to understand. we are looking at an imminent

disaster if we don't take some very harsh and very realistic decisions, just like the israelis do and they've been extremely successful with it. >> thank you very much, tom, lieutenant general. thank you for coming on. appreciate it. >> thanks, julie. >> the first family has managed to avoid the cold weather over the holidays as they spend their vacation in beautiful hawaii. state leaders there are hoping all of the media coverage of the president's visit will help inspire tourists, other people, let's do the same. now more from honolulu. hi, steve. >> hi. as you can see, this is a beautiful place to be. but there is trouble in paradise. hawaii was hit hard by the economic slow down and now state officials are pinning their hopes on the tourist in chief, president obama. with luxury hotels lining white sandy beaches, the islands of hawaii have long been a popular

vacation spot. >> this year we were in italy. the united states, hawaii is the best place. >> reporter: the promise of sunshine year round has not been enough to save the state's once booming tourism industry. now state officials look to president obama's hawaiian vacation to bring in much needed revenue. >> we depend mostly on tourism for our economy. and when the tourism went down, it affected everyone. >> reporter: marsha, the state tourism liaison, says it accounts for 25 of the economy and declined in the last two years for a loss of nearly $3 billion. now with an unemployment rate of 7%, and a budget shortfall expected to reach $1.2 billion by the end of 2010, state officials are looking for ways to cut. one proposal is to mandate furlough dates for teachers and cut the number of school days. but she says reviving tourism is the ultimate key to rebuilding

the state's economy and she welcomes the free publicity that comes along with a presidential visit. >> all of the images that have been shown throughout the world, because of his visit here, is going to help hawaii immensely as we move forward to put that desire in people's minds. >> reporter: but not all hawaiians are welcoming the president. at owner of island sea plane tours, say flight restrictions will cost him and others greatly due to the visit. >> we're losing 20 to $30,000, which after this past year, with the economy, we just barely scrape by for the year. >> reporter: but in spite of short-term impacts that might curtail some businesses in hawaii, she anticipates obama's visit will bring benefits in the long run. >> we are happy to see the coverage that's coming out of hawaii right now and we do believe that it will have positive results. >> reporter: so state officials looking to 2010 and beyond, very

hopeful that tourist business will pick up. >> you sold me on it. beautiful honolulu. thank you very much. >> the first decade of the 2000s? the book. a look at the first decade

when the year 2000 dawned, our biggest fear was a y2k technology meltdown. remember that? but the disasters we would face would be far greater than we could ever have known and the triumphs and resilience more powerful than we could have imagined. now we look at the world shaking events that mark the first decade of the 21st century. >> reporter: as the ball in times square took us from 1999 into the year 2000, some people

anticipated y2k would crash computers around the world. but really not much happened. so americans turned their attention to the 2000 presidential race. republican george w. bush facing democrat al gore. with an election too close to call, the supreme court making the final decision. >> this is my solemn pledge, i will work to build a single nation of justice and opportunity. >> reporter: months later, an unpredictable event changed our nation. >> 737 crashed into the side of the building. >> another plane just flew into the second tower. >> today we've had a national tragedy. >> we are hearing right now another explosion that has taken place at the pentagon. >> united 93. verify.

>> reporter: nearly 3,000 people died on september 11, 2001. president bush vow to go fight those responsible. >> i can hear you. the rest of the world hears you and the people -- [ cheers and applause ] >> and the people who knocked these buildings down will hear all of us soon. [ cheers and applause ] >> reporter: two wars followed. one in afghanistan, one in iraq. many changes for the countries and their citizens. in iraq, long-time president saddam hussein was found in a hole and in 2006, put to death by hanging. from a war on terror to a war against mother nature, she pounded hard this decade. first a massive tsunami in the indian ocean in december 2004, killing some 180,000 people.

august 2005, hurricane katrina. >> it is almost unthinkable that the storm which was so severe would pale in comparison to what would follow. in the city of new orleans at this hour, 85% is flooded. >> reporter: more than 1800 people killed. the recovery and rebuilding, years in the making. april 2005, good-bye to one of the most beloved religious leaders in the world. pope john paul ii. his successor, pope benedict. other iconic figures lost in this decade. former presidents ronald reagan, and gerald ford. long-time senator ted kennedy and superstar michael jackson. from wall street to main street, we faced the biggest recession since the great depression, resulting in millions of people losing their jobs nationwide. and what many people would consider the historic moment that capped off this decade.

>> i barak obama. >> the election of the first black president of the united states. so a decade filled with unforgettable, unimaginable and unpredictable events. looking ahead, an economic situation that is not in our rearview mirror yet. and elections and debates that will change the halls of congress, 2010 begin has new year and a new decade with more to add to the history books. >> what a decade. our thanks. >> charlie sheen, new twist in the latest domestic case. turns out that his wife now wants to try to work things out in their marriage. >> yeah. but there is the little thing of that protective order and allegedly. >> the 911 call. >> may have been a knife involved. >> he held a knife to her throat. here is the question, how much harder will it make it for prosecutors if they decide to go after the tv star? our legal panel looks at the

case.

complicated problem with charlie sheen. he and his wife trying to save their marriage after a christmas day brawl in which he allegedly threatened his wife, brook.

but if sheens' wife wants to patch things up, will that stop prosecutors from going after the tv star on some pretty serious charges? joining me now to weigh in on the different legal aspects of the case are fine defense attorneys, chip and former prosecutor steven. good to see you both. >> good to see you. >> steven, let me start with you since you're the former prosecutor. brook wants to kiss and make up, but she's the one who called 911, claiming her husband was holding a knife to her throat, vowing to kill her, which he denies again. but look, once the criminal process begins, especially in domestic abuse cases, isn't it hard to stop it? >> it's not actually hard to stop it, but the point is that it is not up to the victim to make that decision. that is up to the district attorney's office. that's going to be based on a lot of different factors. number one, if they believe that she will in the end go forward, if she's forced to because theoretically, in a criminal case, as most people understand, it's the people, the state of

colorado in this case, against the defendant, charlie sheen. they can subpoena her and they could force her into court, theoretically. that doesn't always happen and therefore, they'll be looking for additional pieces of evidence such as that 911 call itself. >> chip, even if both sides want to cohabitate, there is that tricky thing called a protective order which a judge signed. wouldn't that have to be modified? and wouldn't her safety have to be physically monitored? >> well, in cases of domestic abuse, you always have those concerns as a court and they do have to have a modification of that order under colorado law. what's interesting here and the real raging debate now is she is asking for this to be changed or modified because she really wants to save the marriage, and is she really looking to make millions out of it, with a change to the prenuptial agreement. >> she does appear to be backing away from the claims about what happened that night.

if she were to recant, couldn't she be criminally charged with making a false police report or even obstruction? >> she certainly could be, but the problem with these cases is that there is an overall policy consideration which is taken into consideration in cases like this. yes, they could charge her with that if they find that she's recanting and therefore, is admitting that she lied initially. yes, they can go after her. but will they, they'll be afraid of a chilling effect because how it will affect future victims from coming forward. >> chip, i want to pick up on something that steven said earlier. let's assume that brook sides she doesn't want to testify against her husband, which is not uncommon in domestic abuse cases. in colorado, there is the spousal privilege, which invoked by her, not him, but her, would exempt her from testifying against her husband. i checked it. it doesn't apply in cases of domestic abuse, so she would be forced to take the stand, as

steven said. right? >> you make a great point, and over 40 states in the union, the privilege no longer applies where the allegation is it's domestic abuse against that particular spouse. however, and this is where this whole prenuptial issue comes into play, is she going to say that i'm not going to testify and if they even put her on the witness stand, then take the fifth amendment. then too all -- >> how is she in jeopardy? you can only invoke the fifth if you're in jeopardy. right? >> but she doesn't know why. all she can say is i'm not going to testify because of the fifth amendment and what are they going to do in those situations? >> let's assume, steven, there is a trial and sheen's wife becomes the reluctant witness and doesn't want to testify. the 911 call and what she told police, all of which is contained in an affidavit, it may be hearsay, but it's admissible under a bunch of --

>> the 911 tape especially, that's going to be the most powerful piece of evidence that they have, because there you have her calling at the time that the event occurred. therefore, just forget about the legal aspect of it. but just on a common sense perspective from your average juror, they're going to tend to believe that statement more than they would even as to a victim coming into the court and testifying because they're under the stress of the event and, therefore, the chances of them lying while they're under the stress of the event and not having the opportunity to think about the consequences -- >> it's called an excited utterance. thanks to see you both. thanks so much. >> thank you. >> that's going to do it for us. rick and jamie are standing by with the latest details on the link between the failed christmas day attack and al-qaeda in yemen. >> make sure you tune in in one hour. i'll see you on the fox report, 7:00 o'clock p.m. eastern time. don't be late.