america." >> happy birthday, ginger zee. making news in america this morning, investigating the head of the fbi. director james comey coming under the microscope. did he violate policy by re-opening the hillary clinton e-mail investigation 11 case before the election? we're live in washington. confirmation showdown. donald trump's cabinet picks getting grilled. the common theme their stance on russia. why some appear to be at odds with their potential boss. spreading concern, the makers of nutella fighting back. one of its ingredients, it is claimed, can cause cancer. buried under feet of snow. a skier getting trapped after an avalanche. his dramatic rescue.

and we do say morning. i'm kendis gibson. >> and i'm erielle reshef. at the center of an internal investigation stemming from its inquiry into hillary clinton's e-mails. >> the justice department inspector general is investigating if fbi director james comey broke department protocol and policy by going public with details of the e-mail probe just before the election. a move some say cost clinton the white house. abc's janai norman has the latest from washington. good morning, janai. >> reporter: good morning. it's a tumultuous development for the fbi that's recently come under heavy criticism from both parties for its handling of politically sensitive cases. this one centers on director comey's unprecedented announcement days before the election. investigating the investigator. this morning fbi director james comey is under intense new scrutiny. >> they have discovered new e-mails. >> reporter: the department of

justice asking whether comey's announcement about re-opening an investigation into hillary clinton's use of a private e-mail server violated justice department policy. >> his statement about whether there was going to be an opening of an investigation, a closing of an investigation, i don't think was a fair, professional or consistent with the policies of the fbi. >> reporter: critics maintained the move 11 days before the election cost clinton the presidency. >> it's pretty strange to put something like that out with such little information right before an election. >> reporter: comey has said he made the tough call based on bad options while balancing the need for transparency. this week he defaulted to long-standing policy when asked if the fbi is investigating whether president-elect donald trump's team had any contact with russians during the campaign. >> i would never comment on investigations whether we have one or not in an open forum like this. >> you didn't say one way or

another whether there's an investigation under way. >> correct, i don't -- especially in a public forum we never confirm or deny a pending investigation. i'm not saying -- >> the irony of you making that statement here, i cannot avoid. >> and this as the president-elect continues launching an unprecedented attack on the fbi and the intelligence community. meanwhile, director comey released a statement welcoming the inspector general's investigation calling it professional and independent and promising to fully cooperate. erielle and kendis. >> janai norman, thank you. there are new questions about president-elect trump's pick to run the pentagon and his pick for the cia and their stances on russia. during confirmation hearings both defense secretary nominee general james mattis and cia chief nominee congressman mike pompeo harshly criticized the kremlin and its leader vladimir putin. questions about russia, now a

litmus test for cabinet nominees. >> there's a deep number of areas where we engage cooperatively and an increasing number of areas where we'll have to confront russia. >> reporter: general james mattis pick for defense secretary appeared to be unafraid to take different positions than trump. >> i'm all for engagement but we have to recognize reality and what russia is up to. >> reporter: and on iran mattis saying he would support the nuclear deal by the obama administration, something trump said he would dismantle. >> it is an imperfect arms control agreement. it's not a friendship treaty but when america gives their word, we have to live up to it and work with our allies. >> reporter: trump's pick to head the cia, mike pompeo facing questions about his willingness to be independent from the president-elect. pompeo saying he agrees with the intelligence community that russia hacked the dnc, something trump only this week acknowledged. >> it's pretty clear about what took place here, about russian

involvement in efforts to hack information and to have an impact on american democracy. >> reporter: meanwhile, dr. ben carson laughing off suggestions he lacks the experience to run the department of housing and urban development. >> that we have very limited brains and incapable of learning anything else, i find that kind of humorous, particularly knowing what the human brain is capable of. >> dr. carson, the neurosurgeon. confirmation hearings set to resume tuesday when trump's pick for secretary of education is scheduled to testify on capitol hill. vice president joe biden has confirmed he and president obama were indeed briefed about the n unverified allegations that russia had compromising information about president-elect donald trump. biden said intelligence officials told them about the claims during last week's briefing because they were concerned that the information might become public and catch them off guard.

>> we feel obliged to tell you, mr. president, because you may hear about it. we can't say it's not true, we can't say it is true. >> biden said neither he or the president asked for any details. he criticized trump for criticizing the intelligence community. cspan says it's investigating a major glitch during its broadcast from capitol hill yesterday. representative maxine water when programming was interrupted. the russian owned rt network appeared and stayed on for about ten minutes. conspiracy theorists say it was a hack but c-span says it was likely a routing problem. >> and a power outage that came up. house speaker paul ryan said republicans are working as quickly as possible to repeal and replace the affordable care act. ideally at the same time. now, during a town hall on cnn ryan answered tough questions about the repeal. there was one audience member who told ryan he was a lifelong republican who was diagnosed with terminal cancer and that he'd be dead now if not for

obamacare. should give you this note on inauguration reports on air and online in the next week all ahead of a full day of coverage on inauguration day just one week from today. >> can't believe it's in a week. in my home state of oklahoma it is under a state of emergency as residents brace for what could be a debilitating ice storm. a freezing rain advisory is in effect in the oklahoma city area through tomorrow afternoon. most of oklahoma and four other states are now under an ice storm warning. the icy conditions now expected to continue through the plains states into sunday. as much as an inch of ice could build up in some areas leading to dangerous road conditions from amarillo to st. louis. a silver lining for california after all those gray clouds this week. the series of powerful storms helped to ease their historic drought. nearly all of northern california is now out of drought conditions but strict restrictions remain in place in the southern part of the state.

los angeles county and orange county are still facing extreme drought conditions. a week before leaving office president obama has ended a long-standing immigration policy for cubans. the so-called wet foot, dry foot rule had allowed cubans when made it to the u.s. to stay in the country automatically but effective immediately cubans who arrive without visas will be subject to deportation. the u.s. and cuba worked on this deal as relations continue to normalize. well, still ahead the netflix e-mail scam targeting customers. and a cancer concern. the new claim saying an ingredient in nutella can cause the disease. this morning, the company firing back. plus, caught on camera a car runs into a t-mobile store. today there is only one park for every 14,000 americans. connection to nature is a right that the trust for public land is fighting to preserve. from boulevards to ball fields and ponds to playgrounds, together we have saved over 3 million acres of land.

a park is a gift that is worth protecting. help support the trust for public land and the gift of parks today. police in florida are

looking into whether this was done on purpose. that's a woman driving heir suv right through the front window of a t-mobile store in palm springs. detectives haven't said why she did it but witnesses told police the driver was a customer would was upset with the store's employees. luckily no one injured there. de-icing fluid is being blamed for making two alaska airlines crew members sick. it happened on a flight from seattle to san jose, california. reports say a pair of flight attendants was exposed to residue from that fluid. hazmat crew met the plane when it landed in california. both crew members were taken to the hospital. the airline says no passengers were impacted. first it was vw, now fiat chrysler could face billions in fines, all of this stemming from new accusations about emissions cheating. the epa claims the company failed to disclose software in some of its pickup trucks and suvs with diesel engines. that allegedly lets the vehicles emit more pollution than 5 is

allowed. new models are included in this complaint. the company denies any wrongdoing. a generic and much less expensive version of the epipen is now on the market. cvs is selling it for $110. mylan's version costs more than 600. the new version comes months after congress blasted milan for boosting its pricing. the world's largest online retailer is increasing staff. amazon announced plans to add 100,000 jobs in the u.s. the staff positions will increase amazon's american workforce by more than 50% in the next 18 months to more than 280,000. internet phishing scam is targeting netflix customers. be aware. a cybersecurity company says they're sending customers an e-mail to update membership information and includes a link that goes to a fake but realistic looking log-in page that asks for credit card numbers, social security and

other personal information. when we come back buried alive. a skier triggering an avalanche and the dramatic new images of that rescue. emotions running high at the white house. the surprise from the president that had joe biden, our vice president, in tears. hey ramirez! un poquito mas rapido, no? [instrumental music plays] [wheel squeaking] hasta luego, profesor! [pumping of bike tire] [pumping of hospital ventilator] [wheel squeaking] carlos! carlos! dr. brad needs to see you in room 3. [wheel squeaking] [heart monitor beeping] tell cardio right away i need a... impressive linda. it seems age isn't slowing you down. but your immune system weakens as you get older increasing the risk for me, the shingles virus.

i've been lurking inside you since you had chickenpox. i could surface anytime as a painful, blistering rash. one in three people get me in their lifetime, linda. will it be you? and that's why linda got me zostavax, a single shot vaccine. i'm working to boost linda's immune system to help protect her against you, shingles. zostavax is a vaccine used to prevent shingles in adults fifty years of age and older. zostavax does not protect everyone and cannot be used to treat shingles or the nerve pain that may follow it. you should not get zostavax if you are allergic to gelatin or neomycin, have a weakened immune system or take high doses of steroids are pregnant or plan to become pregnant. the most common side effects include redness, pain, itching, swelling, hard lump warmth or bruising at the injection site and headache. it's important to talk to your doctor about what situations you may need to avoid since zostavax contains a weakened chickenpox virus. remember one in three people get shingles in their lifetime, will it be you?

talk you to your doctor or pharmacist about me, single shot zostavax. you've got a shot against shingles. single shot zostavax. tthe whitenessmy wasn't there as much, my teeth didn't look as healthy as others. my dentist said that pronamel would help protect my teeth. pronamel is giving me the confidence to know that i'm doing the right thing so it's nice to know that it was as simple as that. a frightening scene from western colorado when a skier was buried in an avalanche back country skiing on monday when he was caught up in the snow slide. its power dragged him more than 25 feet down a cliff. rescuers found him under four feet of snow. you survived with the help of a breathing apparatus. now, for a look at morning road conditions. it's going to be wet in the southwest and through tennessee and virginia. watch out for ice in the southern plains. the weather could cause

airport misery in los angeles, memphis and kansas city, missouri. an investigation in now under way into a devastating house fire that killed six children including a 9-month-old baby. this one just hard to believe. the children's mother katie malone is a special assistant to congressman elijah cummings. she and three of other her children managed to escape. this morning malone and two of her sons were hospitalized in critical condition. investigators are trying to determine the cause of this fire. one possibility is a faulty space heater. in arizona a state trooper is recovering from a horrifying attack by an armed suspect. the officer had arrived at the scene of an overturned car when he was suddenly ambushed. a man shot him in the chest then started slamming the officer's head into the pavement. a motorist who was passing by stopped, pulled out his own personal gun and shot the attacker saving the officer's life. a report about cancer is striking a sour note with a popular sweet treat.

but the company behind nutella insists that the ingredient in question said to increase the risk of cancer is safe the way they process it. abc's mara schiavocampo, more on the pushback. >> there's a whole lot of happy in every jar of nutella. >> reporter: the makers of nutella fighting back against some not so sweet health claims that an ingredient in their chocolate and hazelnut spread could cause cancer. >> it's a good wake-up call for understanding the potential ramifications of processing oils the way that we do. >> reporter: this after food safety officials in europe found palm oil used in nutella poses a potential cancer risk. the company behind nutella is running this new commercial in italy. [ speaking a foreign language ] >> reporter: saying their palm oil is safe. adding in a statement to abc news, when palm oil is refined correctly, it contains a lower level of contaminants than other vegetable oils. mara schiavocampo, abc news, new york. football news and the new

head coach for the l.a. rams sean mcvay, bright and young straight out of college, he's 31. it makes him the youngest coach in nfl history. the redskins offensive coordinator for the past three seasons. mcvay is younger than at least one of the players on the rams roster. >> starting them young. it is official. the chargers are joining the rams in l.a. >> yeah, and this is the team's new logo, the chargers call it a fresh take on l.a. it's intended to earn the loyalty of the football fans. soon after its release the criticism started. >> plentying that a striking -- they're seeing a striking resemblance with the dodgers' logo, one calling it a downgrade thinking they didn't put quite enough effort in it. >> leading the charge against it. the nfl playoffs resume tomorrow, spots are at stake. >> right now we've got hoops highlights from our guys at espn.

good morning, america. it's the warriors and pistons, look at skinny pop. man. klay thompson from curry right here. splish splash, taking a bath. curry, kick out to kevin durant, some people call him k.d. those are his initials. draymond green to javale mcgee. mcgee is like i'm on the warriors, win by 20. america's team, gonzaga taking on lmu loyal of marry mount. the big karnowski. and he's dancing and jordan matthews cleans it up right there. karnowski, you have to wonder how good con gaga would have been if he hasn't have hurt his back last year. he's very good this year and mark's club is very good. gonzaga wins 93-55.

karnowski has 17. up next in the "pulse," bad dog, the famous four-legged friend that left a mark on this girl's face. plus, the car contraption that got the driver arrested. high-tech way he avoided paying the tolls. the search for relief often leads here.s, today there's drug-free aleve direct therapy. a high intensity tens device that uses technology once only in doctors' offices. for deep penetrating relief at the source. aleve direct therapy.

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on tv. president obama bestowed the presidential medal of freedom with distinction, something that's only happened three times before. the vice president was overcome with emotion. >> i just hope that the asterisk in history that is attached to my name when they talk about this presidency is that i can say i was part of, part of the journey of a remarkable man who did remarkable things for this country. [ applause ] >> during that speech, during that thank you speech the vice president also paid tribute to his late son. beau. a member of the first family accused of attacking a white house visitor. >> sunny bit one of malia obama's friends according to tmz which provided these photos. the 18-year-old tried to kiss the dog when she turned on her leaving a cut under her left eye. tmz said she was checked out by

the family doctor and did need stitches. >> you may remember that president bush's dog barney bit a reporter, also not long before moving day. they're getting a little cantankerous, those dogs. the curtain has come down on a florida man's attempt to avoid paying tolls. >> he was using a remote control device to cover his license plate going through the toll collector. one officer watched this happen right in front of him and pulled the guy over. >> yeah, so he was arrested and faces felony charge. unclear how long it was in use. the toll he was trying to avoid was only $1.25. more news after this. i was energetic. then the chronic, widespread pain drained my energy. my doctor said moving more helps ease fibromyalgia pain. he also prescribed lyrica. fibromyalgia is thought to be the result of overactive nerves. lyrica is believed to calm these nerves. for some, lyrica can significantly relieve fibromyalgia pain and improve function, so i feel better. lyrica may cause serious allergic reactions

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and good morning. it is friday the 13th of january. it's friday the 13th. so, hide your wife, hide your kids, because this is going to be a real interesting day. >> it's going to be okay. >> i'm reggie aqui. >> natasha zouves here. we have meteorologist mike nicco. >> hey, triskaidekaphobia club. >> you would right out of the back pocket, ready to go. >> laid that one right down, didn't i? >> alexis smith, good morning. mike, we're starting with you, right? >> she's getting on me about saying that. i'm wondering if you have that. >> that's a meteorologist word to know. you guys know all those words. >> we like to sound important. >> i didn't know what that was called, did you guys? >> it was from charlie brown when he's with lucy. let's talk about the weather.

it's friday the 13th. probably the easiest commute we've had all week, especially this evening. thick fog in livermore, quarter mile, same thing in novato and as you can see in san rafael, it's pretty thick right there. here's your 12-hour day planner. temperatures in mid 30s to low 40s through 7:00. low 50z at noon, mid 50s at 4:00, back in the 40s this evening. you will need your sunglasses this evening. >> good morning, mike. i'm concerned about the fog as well. i have the visibility layer, pretty dense if you're coming out of the tri-valley or central valley and the north bay as well and i want to show you what the bay bridge looks like right now. pretty dense in the san francisco area here too. so slow down, of course, you want to increase that following distance and then just know, we could have some icy spots form too. chilly temperatures. no reports of that yet but you may have to scrape your window. new this morning, someone

who lived in marin county died of meningitis and now there's fear of exposure. >> the health department is trying to track down hundreds who took soul cycle classes with the victim. >> reporter: very alarming for people who did take classes here at soul cycle marin, anybody who thinks they may have been exposed should go see your doctor and there is an antibiotic that you can take. now here's what we know. the plb independent journal reports that the patient died from bacterial meningitis. a public health officer told the marin ij, they became aware of the death tuesday. soul cycle has provided a list of about 200 people who shared a classroom with this person, and this is spread somewhat like the flu, through coughing, through sneezing, it can live on surfaces, but the marin ij also reports that a manager says they cleaned the whole place and sterilized the bikes. we don't know the name of the person who