this is the time of year that is called cramming. this is supposedly the world's greatest deliberating body. right now they are just cramming. watch this space. good tuesday morning. right now on "first look," wintry mess. millions will wake up to a winter wonderland and one heck of a messy commute. unconstitutional. a federal judge rules the nsa's collection of our phone records is likely illegal. expect the case to reach the supreme court. mega maenaa, could we be headed for a $1 billion christmas eve jackpot? we have details. and rock 'n' roll hall of fame welcomes a whole new class of great artists and bands. plus, it's just another day for a couple of french dare devils getting a better view of the alps. frightening just to look at. good morning, everyone. all right. so tens of millions of people

are in the path of yet another winter storm. and remember, the season doesn't officially begin until this saturday. in toledo, ohio, though, you're looking at a preview of what's moving east on its way to the i-95 corridor. the nasty snow, sleet and ice koim pact millions of travelers today and into wednesday morning. and timing is critical here. especially when et comit comes h hour traffic. bill karins is here tracking this storm. i see lots of colors there. >> that means it is cold. one to two inches of snow doesn't sound like a big deal. when you have the issues, it's 28 in filly and snowing right now. soon snowing in new york city. plenty cold up north for all snow. you can see how quickly it's been moving across pennsylvania. you have snow covered roads. ghen philadelphia, now we're getting a coating on the roads, too. now it's aprobinging the snospr

york city area. that's when it will start to accumulate quickly, too, with temperatures being so chilly. as far as timing goes, we're going to watch central new england as we go throughout the midday hour. boston, the worst for you is around 2:00 to probably about 7:00 p.m. right during the evening rush hour. then it will be gone after that. so as far as the snow totals go, nothing blockbuster, again, around 3 to 6 in interior new england. airports, i don't think we'll have huge issues out there. areas like portland and boston. the new york city airports shouldn't be too bad. >> all right. get ready, it's coming. >> yes. >> a serious legal blow to one of the most controversy controversial practices of the nsa. this comes ahead of president obama's meeting with top ten executives. the worry about how the nsa fallout impacted their businesses. tracie potts is live in washington.

good morning. so tell us, what are the implications of this judge's ruling? >> well, the most immediate implication is on the two people who sued. however. this is likely to have a much larger impact, betty, taking a look at this secret surveillance program that at least one judge has now said violates the fourth amendment. >> the national security agency is collecting so much secret data that it's building a new facility in utah to hold it all. collecting records of every phone call made to and from americans is unconstitutional and indiscriminate and arbitrary invasion of privacy. >> it's untargeted and in bulk and troubling. >> a 1979 ruling that said americans do not have a right to private phone records is outdated. everyone has a cell phone now. the nsa defended its program saying they only tap into that data base when there is evidence

to suspect someone in the u.s. is collaborating with terrorists. >> the purpose of these programs and the reason we use secrecy is not to hide it from the american people. not to hide it from you. but to hide it from those who walk among you who are trying to kill you. >> but the judge said there's little evidence terrorists have ever been caught from these phone records in a statement edward snow den predicts this ruling may be the first of many. it will likely come up today when president obama meets with ceos from the nation's largest tech companies. >> the judge put a hold on his own ruling anticipating there is going to be appeal here on the ruling. now the nsa at this point can still collect those phone records. betty? >> okay. we'll continue to follow this. thank you, tracy. so from collecting data to collecting a whole lot of cash.

the mega millions jackpot may have to rename itself the mega billion jackpot. the huge lottery soared to a whopping $586 million as people bought up tickets ahead of tonight's big drawing. the chances of winning are just 1-259 million, it may be worth it to pick up a ticket. but if tonight and friday's two drawings do not produce wayner, the jackpot could reach $1 billion by the drawing on fris mass eve. so talk about a merry christmas. good luck, everyone. if you use antibacterial soaps or body washes on a regular basis, you want to pay close attention to this. the food and drug administration says it has seen no evidence that antibacterial products actually prevent the spread of germs and that they may, in fact, pose a bigger health risk. the concern is that liquid soaps which contain these chemicals may spur drug resistant

bacteria. it could also potentially interfere with normal hormones like estrogen, testosterone and thyroid functions that could affect normal childhood development and puberty. they're propose will a rule to have makers prove their products are safe or else reformulate, relabel or just simply remove them from the market. you can check to see the soap you use contains these chemicals by looking at the ingredient list. there is new evidence this morning that multivitamins don't work as well as a lot of americans had hoped. two new major studies have just found multivitamins do not protect the brains of aging men or help the survivors of heart attacks. as previously believed. in fact, the government does not recommend taking multivitamins as a way to prevent chronic diseases, period. and incredibly charming and delightful guy whose smile lit up his office. that is how a victim in the

daily carjacking at an upscale new jersey mall is being described. 30-year-old dustin freedland just returned shopping with his wife but when they returned to the car, the unthinkable happened. two men approached, opened fire, and stole the couple's range rover. police recovered the stolen range rover 15 miles away. the search for the suspect, well that, is still underway. police are offering a $10,000 reward for information leading to an arrest. let's get the latest sports from my friend. good morning, richard. >> betty, good tuesday. after monday night football was low scoring but not boring, my friend. ravens and lions take tout fourth. lions trailing 15-10. they get six. but miss a two point conversion. now up by one. then with seconds left, this baby right here, the ravens go for a 61-yard field goal,

justijustin tucker, guess how many did he last night? >> what? >> six. >> the lions prove you can't lose, losing -- can't close, rather, they lost four of the last five despite having a fourth quarter lead. the seattle car dealership loves its seahawks so much. if they shutout the giants, they'll pay $412,000 evenly. >> you think that's a sucker's bet, right? >> no, not at all. >> the seahawks won 23-0. the ownered is he did not expect them to do it. good thing he bought insurance. he put down $7,000 so he did oet have to pay out. $14 million in studies were announced to explore brain injuries in athletes. they want the new studies to focus on live patience and you.

friday the body of the form kansas city chief was exhumed to look for injury. it was the best shooting night ever for the heat. lebron james tweaking his ankle in the third. that didn't stop him. james got 30 points. dwyane wade, 27, chris boesch, 20. >> now that's a game. >> the team shooting percentage -- 63%. they just threw it up in the air and landed in the hoop. just threw it up. talk about records, joe johnson scored 29 points in just one quarter. >> that's not the game. >> one quarter. johnson had 37 points in total including three pointers against the 76ers. >> he was on fire. >> yes. the nets were on fire. at home, they walloped the 76ers. being inside gondola is ascary

enough. >> but what about this? they're walking outside on a two inch wide rope. 1200 feet above the ground. they're in the alps, by the way. and the walkers, they were tethered. >> at least they were tethered. how do you practice that, i wonder. >> at home. >> thank you, richard. a love story from the horror, the bot ton marathon bombing. and a practice vote for our senators. and could the volcano at yellowstone national park destroy most of the united states as we know it? [ woman 1 ] why do i cook?

to share with family. [ woman 2 ] to carry on traditions. [ woman 3 ] to come together even when we're apart. [ male announcer ] in stuffing, mashed potatoes, gravy and more, swanson makes holiday dishes delicious.

on monday, the senate confirmed jay johnson as the new secretary of homeland security. the final vote was met without filibuster due to democrats changing the rule last month to require a simple majority vote. the senate is expected to vet on the budget bill later this week. a vote is set for today which will allow the bill to be

brought to the senate floor. defense secretary chuck hagel is replacing the general in charge of the defense department's sexual assault prevention and response office. general gary patton is stepping down amid new allegations he interfered with an internal investigation into patient abuses in a hospital in afghanistan. patton has been accused of blocking a navy nourishment cooperating in the investigation telling the nurse to stay in your lane. according to a new study, the voluntarily cane beneath yellowstone national park is 2 1/2 times larger than previously thought. the volcano would supposedly erupt with a force. 2,000 times that of mt. st. helen. and this man delighted families and friends by proposing to the nurse he met while in the hospital. costello who suffered serious burns during the bombing wrote in a facebook post he now knows why he was involved in the tragedy saying, "it was to meet

my best friend and the love of my life." congratulations to them. now for your first look at business, we turn to cnbc. good morning. >> good morning. we start with our top news. president obama will meet with top tech executives at the white house today to discuss concerns with the nsa spying programs. progress needs to fix healthcare.gov. tim cook and eric schmitt and marissa meyer will be there. toys "r" us will be open until 9:00 p.m. christmas eve. shoppers can buy items online and pick thoem up in stores within an hour. nearly half of holiday shoppers plan to wrap up their list online. 3 32 million people haven't started shopping and 30% plan to end by wednesday and the other 30% will finish christmas eve. >> is law enforcement refusing to enforce gun laws implemented

by democrats? plus, is chris christie about to face a investigation over traffic troubles? you're watching "first look" on msnbc. peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away.

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afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve. the state of virginia recounting the votes. mark herring leads mark obinshane by 165 votes. republican congressman trey

radal of florida will go officially investigated about it house ethics committee after pleading guilty to cocaine possession. last night on the rachael madow show, ron defields talked about the gun control bill she sponsors that were passed this year but some sheriffs say they will not enforce them. >> colorado is on the right track and we're doing the right thing to keep our community and neighborhoods safe. we pass gun legislation that i think that's common sense. it is very reasonable. and to our sheriffs say they're not going to uphold the law is unacceptable. as a citizen, i don't get a chance to pick and choose what laws i want to obey or comply with. they just need to do their job. former massachusetts senator scott brown is telling his house to move to new hampshire and may run for the senate there according to bloomberg news. david cameron, he visited afrg

on monday and said british troops will have accomplished their mission and can return next year with their heads held high. a call from new jersey democrats for a federal investigation. now all of this stems from allegation that's supporters of governor chris christie were behind lane closures on the george washington bridge because a local mayor refused to endorse him. and stephen colbert takes on a suggested amnesty deal for former nsa contractor edward snowden. >> in a desperate bid to find out how much intel snowden took, nsa officials floated the official of offering him amnesty. i take the deal, ed. just come back with all the intel and all is forgiven. i'll tell you what, to make you feel safe, we'll meet you in a special amnesty zone. >> okay. that's your morning dish of scrambled politics. joining me now in the studio for the first look at politics is

"newsday" columnist and analyst. good morning to you. >> take the deal, ed. take the deal. >> that's what i want to talk about. you know this federal judge says it's likely that what the nsa has been doing with all of that is unconstitutional. i want to read to you what the judge said. he said, "i am not convinced that the nsa's data base has ever truly served the purpose of identifying terrorists." this ruling is still pending an appeal by the government. is this in a way a vindication for snowden? >> we would not be in this court, there would not thb ruling if it were not for the leaks that came from snowden. a lot of people didn't like what he did. >> we wouldn't have ever known about this. >> but truly, there have been aefrts in the past to get this into open federal court. this is the first one that ever worked. >> okay. but if it is deemed unconstitutional, what are the ramifications? i imagine it's wide-ranging here. >> hold on a second. it may be lal early to be doing

cart wheels. the judge hints in the decision that there may be a lot of ways for the program to continue. fit were provebly helpful against terrorism, the judge said maybe it will be okay. or if there were some ways to limit this. this thing is just so wide open. it covered just about everybody. >> all right. i want to switch gears here. we want to talk about the gop. there is a little bit of a battle brewing between republican leaders and hard righters. >> you think? >> are we looking at a potentially a political divorce here? >> well, yeah. it will be all the issues of custody, who owns the house and maybe even -- >> get ready for a fight. >> the tea party folks hate the establishment republicans sometimes as they hate democrats. >> that bad? so you think it will get worse before it gets better? >> the sprob where do they go? they don't want to become democrats. the third party thing tends to not work that well. even if you hate your significant other, people hang

around even in unhappy marriages, right? >> thanks for your insight. >> the rock 'n' roll hall of fame welcomes a whole new group. plus, bill and richard join me for their choice of best stories of the day. a can of del monte green beans? ♪ ♪ if i was a flower growing wild and free ♪ ♪ all i'd want is you to be my sweet honeybee ♪ ♪ and if was a tree growing tall and green ♪

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the rock 'n' roll induct ee stevens, hall and oats. kiss, linda rond stat, peter gabriel, brian epstein and e street band. >> wow. that's going to be a fun

induction ceremony. let's get to our first buzz. we have a lot to talk about this morning. where do you think the worst drivers in america live? >> whoever is following you. >> this is true. i have the tickets to prove it. there is a new survey out. and louisiana actually tops the list. >> louisiana? >> after that, south carolina then mississippi, texas, my home state of texas on there? >> that's why. >> then alabama. they looked at a bunch of different things to determine this citations for traffic signals, drunk driving, careless driving. >> southern states? >> quickly though, the best state? vermont. >> you want to take a road trip, drive up there. >> people taking their sim. >> my state of california, no. >> not even on the list. all right. so speaking of lists, you have quite the christmas list. >> the miami heat, they're famous for being so family, right? they had a secret santa. there was a price limit. he put together the group of 15 of them. so happily together holding up

their gifts. 15 players. some of the items that they gave to each other, i want to ask you guys what you think the price limit is. he did'post it on insta gram. custom commissioned art piece for -- it was from michael beasley. also louie i have ton bag. >> i would say 5,000 to $10,000. >> $5,000 to $10,000. >> we have an office one and it's $15. >> the average salaries are -- >> that's true. if you account for that. >> a little different. they're the 1% people. >> and quickly, you have a christmas tale. >> my friends have a video that is all over the place right now. it is helping the christmas ante of the christmas list. just listen. ♪ it's a holder night 2013 in review ♪ ♪ video christmas card part two

dancing in the front yard night and day ♪ neighbors walk by and this is what they say are those christmas jammies they are christmas jammies smoet ♪ >> big willy style. these are friends of yours? >> yeah. really good friends of mine. >> wow. >> stay tuned, "way too early" is coming up. ♪ >> more than 20 years after that song came out and 19 since can you recollect cobain dies, nirvana gets into the rock 'n' roll hall of fame. we'll have the full slate in the coolerment facebook, that's a public company. that means they need to make money and that means ads and commercials in your news feed.

where has rob ford been for the last week? we're not sure. but on sunday, the man was in church. that's a good thing for everyone. halleluj hallelujah, this is "way too early." >> good morning, everybody. brian shactman here. i have health news for you. what do vitamins and antibacterial soap have in common? they may not than good for you. we'll have details on that in a few minutes. we begin with a major meeting of the minds today at the white house. the nation's biggest tech companies will sit down with president obama to discuss the nsa's widespread practice of data collection. a who's who of sill con valley, apple's ceo tim cook and marissa meyer and eric schmitt among others will be there and, of course, many of their companies also collect user data. wonder what thsc