is now filing a civil suit against the comedian, and then on a much, much lighter note. way way too early" call wednesday is back. the blue phone has returned, and are you glad to know this morning's surprise guest recently graced the cover of time magazine. this is "way too early." >> that 230e7b could take out an eye. it's wednesday, december 3rd. welcome to way too early. it is a big day here. you know why? this evening the iconic 30 rock christmas tree is going to be lit. there it is. a little dark. if i had my way, members of the "way too early" team will be lit later this morning at our christmas party. i have an app for them, and it plays music. let's get to our top story this morning, and it concerns with taking place with washington. republican leaders in congress are doing whatever they can to avoid another government shutdown, which damaged the party brand, and the federal

deposit's reputation last year. house speaker john boehner reportedly working on a two-part plan to reign in conservative members and even win support from democrats. a first step would be a mostly symbolic look on the president's executive action on immigration. they may push a plan to fund the government through september with the exception of the department of homeland security. a proposal is already dividing some republicans. >> bring a stop to the action of the president. you know, he talks about -- this will take the ink out of the pen. >> we're going to have to fight now or later. this is the best round of fighting because 218 holding together, and the president whose choes that is, he can shut the government down if he does that, and we'll say here's all the money. we put all the money on the table. all the money that you had last year, but now you want to violate the constitution. now you're insisting that you're going to throw a presidential tantrum to be able to carry out

your lawless unconstitutional act. i think it's a very different debate than the one we had. >> some republican lawmakers are proposing their own strategy. a number of conservatives in the house are reportedly expected to defect. possibly as many as 40. nancy pelosi and house democrats may be needed buoy the vote if enough democrats break rank. speaker boehner and the incoming majority leader mitch mcconnell said no more shutdowns in the future of the country. some of the 2016 republican contenders spent the day trying to impress business leaders at the wall street journal-ceo council. house weighs and means chairman paul ryan laid out his vision to slash the corporate tax rate to 25%, while acknowledging a larger overhaul was unlikely with barack obama in the white house. senator rand paul sometimes branded as an isolationist says he is really in the mainstream on foreign policy, despite being reluctant to engage in military action overseas. >> every time we have toppled a

secular dictator, it's been replaced by chaos and the rise of radical islam. look at hillary's war. if you look at hillary's war in libya, what has happened? it's chaotic there. in iowa about a month ago they asked ordinary republicans do you agree more with john mccain and more intervention or do you agree more with rand paul and less intervention? i think that's great way to put it because i'm not talking about all or none. i'm not talking about no intervention. i think we do need to intervene with isis right now. i do fwrae with less. we're everywhere all the time. we're about to bankrupt our country, and that there is great danger to away we've been doing. i want less. mccain wants more. he wants 15 countries more or 15 wars more. >> talking about john mccain there. he said hillary's war in libya. interesting phrasing there from senator rand paul. a new cnn opinion research poll shows mitt romney leading the potential field, though, and with his name taken out of the mix here, former governor jeb

bush jumps into the top spot. hillary clinton continues her dominance amongst potential democratic candidates. she out paces this field by some 55%. well, in other news for you this morning, bill cosby is facing a civil lawsuit from a woman who claims that he sexually assault her when she was just 15 years old. now 55, she says the alleged abuse occurred at the play boy mansion in 1974. she claims cosby took her and a 16-year-old friend there after several drinks at a tennis club and told them to lie about their age if they were asked. the suit alleges cosby asked her to sit beside him on a bed. "he then proceeded to sexually molest her." she says the incident caused severe emotional stress and only fully realized the full extent of it. there's no response from cosby's attorney who has refuted all the previous allegations. cosby has never been charged with any crime. meanwhile, the journal news reporting nearly half of the seats to cosby's show this weekend in terrytown, new york,

are available after refunds were offered. the cosby camp said if anybody wanted a refund, they could call and get one. senior white house officials say ashton carter, once second in command at the pentagon, is president obama's pick to replace chuck hagel as secretary of defense. carter served as the deputy secretary of defense from 2011 and 2013, has a long history at the pentagon. he is an oxford and yale indicated physicist who served as the defense department's chief weapons buyer. white house press secretary josh ernest did not confirm his selection thursday, but he did credit his service. >> i see somebody that certainly deserves and has demonstrated strong bipart sfwlan support for his previous service in government. he is somebody that does have detailed understanding of the way that the department of defense works. >> some are calling carter the last man standing for the job, and for other reported top choices including michelle,

senator swrak reid, and secretary of homeland security jay johnson that all withdrew their names from consideration. now to ferguson, missouri, where the law enforcement is now being scaled back citing improved conditions. jay nixon says the national guard is no longer needed in the city of st. louis and that its presence will be reduced in ferguson. county police officers will also stop working 12-hour shifts. governor nixon declared the state of emergency last month before violent protests erupted when a grand jury decided not to indict darren wilson for the shooting of michael brown. video showed head venting anger and grief after that announcement of no indictment at a st. louis bar is no longer supporting the rams after five players made the hands up, don't shoot gesture on sunday. in a facebook post, the bar said it will now back the chiefs because of the "bone-headed act." meanwhile, an abc

news-washington post poll shows americans are split on whether a grand jury should have indicted officer wilson. there's a clear racial divide with nearly 60% of whites approving what the grand jury did in its decision, and 08% of blacks disapproving. more than 50% of americans say they disapprove of president obama's response to protests in ferguson. time now for business news for you this wednesday. shrewd business move from sprint that could safe you a whole bunch of bucks, and it seems that sony pictures, we've been talking a lot about that. the hack attack just got a lot more serious. cnbc's jeff joins us live from london. let's start with the reports that these hackers released a lot more than just movies when it concerned sony. >> yeah, absolutely. it's just a story that we're so familiar with these days. once the data gets breached, we increasingly find out there is evidence that more information has been released than companies have initially told us, and so it seems with sony pictures, we're now finding out thousands of employees' home addresses,

social security numbers, salary details and bonuses have all found their way on to the internet. not least the top 17 executives who are making more than $1 million a year in compensation. very embarrassing for sony. the fbi is in on the case, and we'll be watch this because it seems that daily details are out of more information that's been taken. let's get to your sprint story. this is interesting, isn't it? they are the smallest of the three big carriers in the space and very aggressive. now there's a new ceo at the helm. sprint coming out and saying, you know what, we will take on the other two giants, verizon and at&t in this space, and we will charge you half of what they're charging you for the same wireless package. very afwresive into the market on pricing. we'll see how many people are tempted away by this deal.

there are a few other benefits. they will match your data allowance. i know that's very important to those people who are data heavy. just very quickly, wal-mart, cyber monday update. they have had the best ever day on-line so far in 2014 with cyber monday. the big sellers, the ipad and the ps-4 apparently for wal-mar wal-mart.com. back to you. >> i'm looking at the numbers from yesterday. green arrows and a sharp bounce for the dow. >> yeah, it wasn't a bad day where heed, but you know what, a lot of traders this week are building up to the big nonfarm payrolls number at the end of the week, and they're looking very closely at indicators that might mean the fed moves more quickly on interest rates next week, so keep your eye on the payrolls data, the adp jobs number, the inflation statistics, the retail sales numbers from some of the corporates that are reporting this week, and we have a whole bunch of fed governors speaking

today. listen closely for any clues that might cause the market to sell down a little bit on interest rate nerves. back to you. >> we'll wait for the reaction. thank you so much. still ahead on "way too early" one of america's major cities approves a minimum wage hike. we'll get the rest of the information on this and how the state, if at all, will follow the lead of this city, and great news because we've got our way too early to call guest standing by the phone line, and on her hit show, did you know phone privileges are very hard to come by, but we've got our mystery caller. way too early comes right back. stick around. >> the accident has turned the

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yoplait. smooth, creamy, and craved by the whole family. >> fierce? stwloo. >> fierce. >> trying to throw pity parties for yourself. >> i don't do pity. >> those roots are saying otherwise. you coming this weekend? >> no. >> don't be ridiculous. >> if it ain't sex, what's got you got you loring up that hair? >> ever look at yourself and realize how other people must see you? >> you got the whole used to be a man thing, right? >> that was a clip from the emmy winning series "orange is the new black." it's time for the way too early

to call guest. we wake up a celebrity friend. this morning we welcome laverne cox. laverne, thank you for joining us. >> hi. >> how are you? let's hear it for laverne. she's getting up early for us. >> it's way too early. >> it is way too early. i know it. you're so nice to do this for us. especially because we've known you since you have been on the come up, and now you're kind enough to actually call us at 5:30 in the morning. we really appreciate it because you were on the cover of "time." you were named "glamour" woman of the year, which is fantastic, and this welcome you're going to be working with our mutual friend cindy lauper. 50 cent is performing. salt and pepper. in the the line-up for the benefit concert this weekend. why did you want to be involved? >> i love what cyndi lauper is doing with her true colors fund. home for the holidays is a concert she does every year to support lgbt to homeless youth

and ending homelessness in lgbt youth. 40% of nearly all lgbt youth -- we make up 3% to 5% of the population. it's an epidemic, and cyndi is doing a lovely thing, and i'm so honored to be a part of it to support this amazing cause. >> you know what, you have used your brand in such powerful ways. talk about what it means as a business leader. we have a lot of business people that watch this show, and you use your brand in a lot of ways politically, but also in savvy business ways that you are not afraid of. how do you think that comports with how you are working as an actress these days? >> i think it's at the end of the day in terms of building a really solid brand, building a personal brand, but it's really about authenticity. it's about being true to who you are and what you believe in, and that's really what i'm just trying to do publicly. so i am very particular about what i do many my support.

i think that it's about being authentic and being true to who you are and who you believe in. >> last but not least, orange is the new black. you're shooting right now. you're going to stop shooting at the end of this month. do we have a release statement. 2015. break some news, laverne cox. >> we're done shooting season three. we wrapped last week. we had the wrap party a few weeks ago. i'm all done shooting season three. i had the best team, and these actresses are amazing. scripts are better than ever. >> do we have a -- >> stonewalling. >> do we have a release date? >> i have not been told the release date yet. the only thing i know is sometime next year. i'm guessing the summer, but don't quote me on that because i haven't been told officially. i think the audiences won't be disappointed. the story lines are amazing. >> i read sophia has a big argument. in orange is the new black. >> i like that. that's a new name of the show.

>> it's fantastic. >> laverne cox, you are such a good person to wake up for us so early. we appreciate it. congrats on all the success. much deserved and continued success. >> thank you so much, thomas. >> happy holidays. >> i want to switch gears for you now and talk about sports. kevin durant making his return with the oklahoma city thunder. you are seeing here oak ok city against new orleans. the reigning mvm scored 27 points. >> a lovely looking basketball court. >> don't like it. hole gram there. >> no. >> wasn't enough. >> i'm glad dur ant is back. >> alabama and oregon coming in at number one and number two for the third week in a row, but it's tcu at number three. >> switcharoo. >> ohio state. >> alabama-florida state would be entertaining. >> the file playoff selection will be released on sunday with the ducks, they're kwaking.

>> i do like it. >> major league umpire dale scott has come out revealing he is gay. he has had a husband for nearly three decades. he said i'm extremely grateful that major league baseball has always judged me on my work and nothing else, and that's the way it should be. he says he is the first male official to come out in the four major pro sports. next season will be his 30th in the mlb. congrats to him. let's get a check on the weather. >> that's a good career. 30 years in major league baseball. >> good career. >> 30 years of marriage. >> that's awesome. >> do my math on that one. >> you can add that up during -- >> let me show you california. the flooding did occur. we needed the rain. we said that. we didn't want too much of it at one time, and we did get some mud flows and some debris flows. pretty fast naturing to watch.

it's still pouring around san francisco. we're almost to an inch and three quarters. san jose, over an inch. sacramento and stockton. this is great in the heart of the worst of the drought area. now, new england, you are scraping the windshield this morning. that is exiting this morning. things will be improving throughout the day. temperatures not bad for this time of year. into the low to mid 50s. christmas tree lighting tonight in rockefeller center, it looks to be fine. it will be dry for that also. much of the rest of the country is not too bad out there, thomas, but looks good out there for the lighting of the tree. >> it's dark right now. more working so hard. >> tree people? >> they come from everywhere, bill. >> it's nuts. sfwroo they come from everywhere. you know who you are. >> tree people sfwloosh you know

who you are. we encourage you to come visit us, right? >> we love walking outside to the mobs of tree people. it's fun. >> we love the tree people. i'm going to wear my hat for that. >> oh, lord. coming up at the top of the hour on "morning joe" -- >> if it has batteries and it's furry and it's from rite aid, it's from my mother. first, it's a dark day in detroit. what officials are saying caused the big power outage that brought the city to a stand still. interesting stuff to see. we'll take to you the motorcity after this. stick around.

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other headlines for you this morning. take you to the motorcity where a massive power outage tuesday left about 100 buildings without power. it's being called a major cable failure. it cut off the city's power grids cutting off power to police stations, schools, and a hospital. a number of schools in that area were forced to close for the day because of it. here's a look inside joe louis arena. the home of the detroit red wings, which also lost power. the lights came on shortly after 3:00 p.m. their night game was unaffected by this. city officials say power has since been fully restored.

the detroit mayor, mike dugan, noted the pact that the city's power grid has not been modernized in decades. that was a big shocker for a lot of people yesterday. an overwhelming vote to raise chicago's minimum wage is setting up a lash between the city's mayor and the state's governor-elect. the city council voted 44-5 in favor of raising the minimum wage to $13 an hour by 2019. the current state-wide minimum wage is $8.29. under the plan chicago's minimum wage would go up to $10 an hour next july followed by a series, as you see there, annual increases. republican governor-elect bruce rauner urged ram emmanuel to back off. it would make the city less competitive. emmanuel said it would help to get families out of poverty and keep up with the cost of living. >> he is nrn for his move on the

field. houston texan wide receiver looked like a santa claus on tuesday. >> i've been in a situation where i, you know, really haven't got much for christmas. i let them go through the store and get what they want and not to, you know, worry about that. they can get what they want. it's amazing. >> is this the best christmas ever? >> yes. >> 11 children from harris county protective services were let loose inside toys "r" us on an 80 second shopping spree funded by johnson. >> 80 seconds might not sound like much, but you would be surprised just how many ties these kids can fit in these baskets. >> it's amaze whatting they can xwrab in 80 seconds. i know it's a lot of fun for them. to go out and get what they want. they don't only think about themselves. they think about their siblings. >> the grand total he from today's shopping spree

$16,266.26. >> yeah, i'm prepared for the bill. i just forgot my wallet in the car. it will be taken care of. >> well, swron son's christmas list doesn't include anything you can get from toys "r" us. >> every year it's always football my christmas is getting to the playoffs. >> andre said he woke up excited to spend the day giving back. >> how cool is that like a kid to think you can go to the store and you have 80 seconds and throw everything in the car. love that story. a lot of nfl coverage. some bad things going on. good stuff going on too. that's it for "way too early." "morning joe" starts after this. stick around.

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♪ . testing a bizarre tweets and statements overnight, police climbed the rams apologized. the rams said. then the police had an expression of regret. the him ras tweeted wtf on #follow.