next we need a bob evans and old country buffet." /// at today's weather. sherry swensk here's a live look on the strip see it's kind of moving around a little bit because of some winds going on right now. ............................ you can see on our wind-cast here on the strip winds at about 12 miles per hour -- 14 in downtown -- also some winds happening on the east side of town -- winds always make it feel a little colder -- so if you're heading out to work soon, make sure to grab that jacket. ....................... current neighborhood temps -- 40 on the strip, which is really about the warmest part of our valley right now -- centennial hils just 36 degrees -- nellis 31 -- green valley 39 degrees at this hour. ......................... so here's what your day planner will look like -- by 9-am look for light clouds, about 43 degrees -- warming up noon, 47 degrees -- hitting our high by 4-this afternoon -- it'll be a clear night tonight, which is going to make it feel colder. ....................... our 7-day forecast -- we won't even reach the 50's f

. >> reporter: leaving it commissioner bob evans hoping his release is the right move. >> we all like to see them held to the greater punishment, but hopefully he learned his lesson. >> reporter: neither the collier family nor the m.i.t. police department wanted to comment on silva's release. in cambridge, i'm louisa moller, wbz "this morning". >>> in other news this morning, colleen ritzer's family and friends will be allowed to wear pink to her killer's sentencing next month, the judge ruled they can wear her favorite color and philip chism is charged january 29 for the math teacher's murder, chism's lawyers ordered that everyone be ordered not to wear pink to keep it just, but color, will be allowed to wear the color during snens -- sentencing. >>> 4:36, deciding if aaron hernandez's cell phone can be used as evidence in his second murder trial, starting in january, but a judge delayed it yesterday until the high court rules on the evidence, the former patriots player is accused of killing two men in boston back in 2012, he's already serving the life sentence for the murder of lloy

denny's, cracker barrel, bob evan's stores, have been negative since mcdonald's came out with it. it is not to say that all day breakfast is driving every bit of the divergence but mcdonald's has seen a spark or a catalyst since the all-day breakfast concept. the right hand third of your screen is when the divergence between when the s&p 500 and mcdonald took shape and started to perform. and let's talk about mcdonald's. because from a dividend perspective it is a good play. it has a 3% dividend yield with the 20-plus percent run it had. so when it comes to all day breakfast it could eat the competition lunch. and katie little has that story, that full one online, melissa. guys at cnbc.com. you should check it out. >> for investors, the chart looked good. but the chart master is seeing unhealthy patterns. >> it could be too much of a good thing. we'll see if we could figure it out. a breakout, number two performing dow stock of the 30. and it is all about the performance, of course the golden arches versus anything you want. this is all bad and -- well, here it is. the numbers spe

denny's, cracker barrel, diane equity, the bob evans stores, all have been negative ever since mcdonald'same out with it. that's not to say that that all day breakfast is driving every single bit of that divergence, it's something people are pointing to as to why mcdonald's has speed a catalyst. the right hand third of your screen is when that divergence between the s&p 500 and mcdonald's took shape here, it started to outperform and let's talk a little bit about mcdonald's because have a dividend perspective it's still a pretty good play. it's got a 3% dividend yield and that's even with the 20 plus percent run that it's had so far. when it comes to all day breakfast it could be eating the competition's lunch. for more on that story katie little, one of our great retail and restaurant reporters has that story, that full one, online, melissa, at cnbc.com right now. >> thanks so much. for investors the chart looks pretty good but you're seeing some unhealthy patterns. >> maybe too good. too much of a good thing. let's see if we can figure it out. a break out we know, in fact, number two pe

joining me is evan osnos, bob costa, michael crowley.lso in washington michael crowley. / here in new york, nancy morawetz, a professor of law at new york university. i am also pleased to have my colleagues in bloomberg politics, john heilemann and mark halperin. i want to talk about the constitutional aspects of this and then go to the political aspects. everybody is talking about this and condemning donald trump, but the question is, is what he recommends constitutional? >> there is no case that has ever been before the supreme court that considers a religious test to immigration. i think there is no such case because it is unprecedented for anybody to think there could be such a test. on the basis of their religion. there have been tests targeted at particular nationalities during deplorable parts of our history, such as the china exclusion cases in the 19th century, sort of the dred scott of immigration law. most believe those cases would not be decided the same way today. i think if the tests were to come forward, it would be struck

charlie: thank you mark, john, nancy, bob, evan, and michael. i have learned a lot.ack in a moment. stay with us. ♪ ♪ our guest is nancy pelosi, the congresswoman from the 12th congressional district of california, and the democratic leader of the house of representatives. she has been the democratic leader for the past 13 years. she was the first woman in italian american to lead her party. we are pleased to have you here. rep. pelosi: my pleasure. >> let's talk about the spending bill. what is going to happen? rep. pelosi: we are hopeful we can reach a compromise, but we are at a place where there is much more work to be done. what a spending bill like this -- but a spending bill like this, there are a large number of democrats in the house to veto such a bill, it puts us all at the table. right now, the bill is problematic because republicans listutting every wish of the tea party -- we respect the fact that a republican majority would want some riders in the bill, but it is like a bill withl -- rider an appropriation attached rather than the other way around. al:

. >> it was a bob evans. i'm saying it publicly.'m getting in shape. >> happy new year, every, see you on the other side. "power lunch" begins right now. >> all right, everybody. welcome to "power lunch." i am brian sullivan. tay la tausche will join us from the new york stock exchange and lots to do on this final day of the year but it's tradition time. let's get to rick santelli for the annual new year's celebration on the floor of the chicago merc. rick? >> happy new year, rick. >> it was up there but now, jimmy, it's all on the floor. hey, listen, happy new year to all the viewers, all the investors out there. remember one thing, we still have people in chicago! yeah! 2016 will welcome you. janet yellen, we'll be watching! happy new ar

i also like bob evans. another greats play for exactly those consumers. lastly, buffalo wild wings. it's not just about the wild wings and super bowl and all that. although you'll get a lift out of that. it's also about the bar business. the liquor business there is really the crown jewel of buffalo wild wings. >> that's where all of the margins are made. yes. >> you know jeff foxworthy says how do you know if you are a redneck? how do you know if you are a redneck? you just go to those restaurants. >> this one is yours, pete. >> it's jumped up. it originally was lower. jumped it up by $2. now it's over $1 billion. this actually adds to the icahn exposure into the space. this is something that they think they can actually continue this move to the up side. carl is making a very good point here. he seems to do much better here than he has in the commodity space, so i like this deal. >> we've also got facebook feeling some pressure after a federal judge approved two shareholder class action lawsuits against this tech giant. jim. >> well, really, mandy, it's old news, and, you know, we

pamela, thank you. >>> let's bring in our justice reporter evan perez, terrorism analyst paul cruickshank and bobve been doing a lot of reporting. what's the latest information on the two shooters and possible motivation? >> the fact that they didn't leave any kind of manifesto and looked in the bag they left behind at the scene of the first shooting and looked in the suv where the shootout occurred where they died and found nothing. absolutely nothing left behind so now the work of actually trying to piece together what motivated this is actually now just beginning and it is really as pamela just describe d is a puzzle. these people perhaps had radicalization in their recent background, but at the same time, the indications of what actually occurred, some altercation or dispute at the scene, again, indicates workplace so perhaps what they are looking at is a hybrid event and that's one of the working theories. >> sometimes suicide bombers leave videos behind -- >> nothing like that is found. >> nothings been found yet. let's see if anything emerges. three explosive devices were found, pipe bombs

. >> it was a bob evans. i'm saying it publicly. i'm getting in shape. >> happy new year, every, see you on the other side. "power lunch" begins right now. >> all right, everybody. welcome to "power lunch." i am brian sullivan. tay la tausche will join us from the new york stock exchange and lots to do on this final day of the year but it's tradition time. let's get to rick santelli for the annual new year's celebration on the floor of the chicago merc. rick? >> happy new year, rick. >> it was up there but now, jimmy, it's all on the floor. hey, listen, happy new year to all the viewers, all the investors out there. remember one thing, we still have people in chicago! yeah! 2016 will welcome you. janet yellen, we'll be watching! happy new year. >> all right. happy new year, rick, to you and everybody at the chicago merc. we have some serious breaking news from dubai in a scary situation. here again is sue herera. >> absolutely, brian. here is what we know. a fires a engulfed the address hotel located in downtown dubai. these picture

there's lower profits and lower sales for restaurant chain bob evans farm.s a secretary patient died in a late stage trial of its experimental obesity drug. the to being is it down 60% and that's a new low there. there's a great holiday weekend for gun sellers. jo ling kent has the numbers in case you missed it. jo: it's a big black friday. more americans had background checks for gun owners this black friday than any other day on record according to the fbi. the national system processed more than 185,000 requests on friday. meanwhile, we're taking a look at some of the gun stocks, smith & wesson is up 95% this year in mostly a flat market. and there might be a christmas tree shortage this year as well. reports say because demand is reportedly lagged over the past couple of years, christmas tree growers produced fewer trees. the number of farms growing christmas trees dropped according to the usda. it's too late to do anything about the current supplies because it takes time to grow trees. 'tis the season to give. i love this story. a minnesota couple who u

we talked to evan osnos, bob costa, michael crowley and nancy morawetz, mark halperin and john heilemann. >> this whole campaign is one person, one person coming up with a strategy, coming up with the speeches, the message, the policy. i don't think we've ever seen anything like this in presidential politics, one person just figuring it out as they go at this level. >> rose: we continue with al hunt on the story. al's guest former speaker of the house and now democratic leader of the house nancy pelosi. >> 91% of the time in the last few years a person on the terrorist watch list of the f.b.i. 91% of the time has been able to go in and buy a gun of his or her choice and walk out of the store with that gun. so that would also be more useful than going to the refugees. there is no more stringent process for people coming in to the country than as a refugee. >> rose: we conclude this evening with lisa randall, her book is called "dark matter and the dinosaurs." she is a physics professor at harvard. >> i want to write one book where you can talk about the evolution of the universe, the evol

a cnn justice reporter evan perez and retired lieutenant general mark hurtling and cnn military analyst and former cia operative and cnn security and intelligence analyst bobu learning here? >> marquez is really a key character now in this investigation. obviously he knows farook a lot going back years and he was involved allegedly in this plot that the two of them cooked up back in 2012 and this information he's providing, which is that he and farook together built these pipe bombs or had experience building pipe bombs and he's describing it as like a hobby and experimenting with explosives and minimizing the importance and certainly is not taking any responsibility for the pipe bombs found at the house or the ones that failed to go off at the inland regional center, but he's sort of portraying this as a hobby they worked together on. this is key information because it does give a sense of farook, where, how long ago he was working on this because it was something that the fbi wanted to know like did he get any training in explosives? when did he learn to make these things. >> how well thought out was this? >> how much planning went into this? this answer

evan perez, thank you very much. "outfront" now, a former cia operative bob baer. you just heard evan there in times square. about a million people will be there tomorrow night. nypd says it will be the safest place in the world. they actually came out and said that. fair? >> no, erin. it's silly. times square is essentially indefensible. somebody with a suicide vest, hard to detect, you can't run everybody through a metal detector. you can't see these things if you're wearing a coat. at the very least, somebody with a weapon, any sort of bomb. i mean, the new york police are very, very good and they are very sensized to the threat and at the end of the day, a crowd of people like that, you can't vet everybody and check them. >> i mean, that's pretty frightening about new york, obviously. you've got a million people there. you also talked about los angeles. home of the rose bowl on friday. 90,000, at latest count, how many people can fit in there. how intense does the security have to be there? it was metal detectors that stopped the would-be bombers from getting in in paris. >> exactly. in paris they were

let's discuss more with cnn intelligence and security analyst and former cia operative bob bair joining me now. evan lays out this complicated involvement or noninvolvement of this guy, enrique marquez. he still maintains he has nothing to do -- he knew nothing about the attack in san bernardino. though as evan points out, he also said he planned a previous attack with farook. but didn't follow through on it. does that add up to you? >> no, it doesn't add up. making the pipe bombs as a hobby doesn't add up. his statement that he could have made these things go off with remote control, that's not a hobby i know. the fact he was in on the first attack, he had to have suspected they were going to use these assault weapons for something other than target practice. you just look at the totality of his statements in the context of this attack, and i don't think he's telling the full truth. i just don't believe it at all. >> i want to bring in our cnn legal analyst paul cowen with us. took a while to charge enrique marquez, only we think as of now on the weapons charges, the purchase of this gun, which cou

evan, stick around with us. again, we're here also with bob bear, paul cruickshank. in terms of the cell phones that evan was reporting on and also the hard drive, those could be crucial in sort of picking out the trail? >> absolutely. what were they trying to destroy them for? was on the hard drive and cell phone? it will take time to reconstruct the hard drive but i think that can be done fairly quickly. this is a high priority case. they will get that stuff back to the cyber lab. they will look at it, pull the information off that's needed and disseminate it. i think it's a key bit of information that's been found again a couple days later. >> right. paul cruickshank in terms of trying to piece together the pieces of the puzzle, this could be a major development. >> it could be a major development but even if they have the phones, they may not be able to retrieve all the communications from these phones. i've been told by people in law enforcement that that isn't necessarily the case with these extraditions, you can't get into the information even if you have the p

and bob griefeled resigns in 2017 or 2018. and evan greenberg and number five to hedge eye.y made one of the world's greatest calls in 2013, they said kinder morgan was a house of cards. liz: in 2014. >> in 2013. they made the hax from financial reporters lackeys that have sources at goldman sachs because all the investment firms love kinder morgan, he came out, keith mccullough. liz: he's a frequent guest not a contributor. he's a frequent guest. >> made a gutsy call. liz: he said kinder morgan was a house of cards in 2013. >> said it would collapse and it did this year. liz: a big energy play. >> everything they said about it, paid too high of a dividend. don't use enough money to put back in the collaborations, that became the theme for kinder morgan, from 40 to 16, traded up in recent days, keith mccullough, kevin kaiser deserve kudos, they took on jim kramer at cnbc and took on wall street and they were right. liz: let's get to the losers. >> sorry to say there are losers. the gop establishment. liz: why? >> have you people like jeb bush, great candidates and resumes. j

evan perez, appreciate the reporting as always. cnn intelligence analyst bob baer is with us here in california and former fbi assistant director and security analyst peter burgen, author of "the united states of jihad." bob, in terms of the sophistication of the operation, what have you been looking at over the last 24 hours? what jumps out at you? >> i think it was for them the perfect target because he knew what the security was and needed to do it quickly. he needed to know he could get out the back, that there were in police in the building. he clearly went and cased it. you know, from a professional standpoint, this was done well. it really was and the phone, smashing the phones. >> the fact they would want to destroy the phones, it would lead one to believe there was somebody they were communicating with that they don't want a trail of but could be them wanting to cover their tracks. >> this was too well planned for that. it's about 100% they were trying to erase any signs they were in touch with people and there was some wider network. was it in pakist

evan, thank you. let's bring in our intelligence and security analyst bob baer, he's a former cia operative, our national peter bergen and cnn law enforcement analyst tom fuentes, former fbi assistant director. bob, this arrest does not charge marquez with being involved directly in the san bernardino shooting, as you just heard evan report. but saying he bought the rifles and purchased the explosives used in those pipe bombs that the couple built, that could have -- could this have -- could this couple have carried out this whole thing, this whole operation with just the two of them, or did they really need enrique marquez? >> i think they probably could have bought weapons themselves, wolf. but i think this is part of a larger network and clearly material support to terrorism. i'll tell you what disturbs me and disturbed the fbi for two years. i know for certain. is this conversion of latinos to islam and interest in the islamic state in joining these groups, which is a new phenomenon. and it's very difficult for the fbi to watch these conversions. i dprafrankly didn't believe itt now after this attack

evan perez, thank you very much. "outfront" now, i want to go to former ccia bob baer and former assistant investigations for the u.s. art roderick and james fitzgerald. james, do you have sany doubt that this was islamic terrorism? >> no indications that these people have reached out for workplace violence jihadist training camps or cells. so we do know that they've reached out for and i have actually visited farook himself other countries and it was possible that he was in a training camp there. we certainly see through his tenicles that he's reached out for people on the list and well known to the fbi. they may not have been big players yet but they are certainly on the score card and it's no doubt that he had some level of radicalization from these people and from visits to the other countries. >> bob, we know that farook himself travelled to saudi arabia, met his wife there. that was back in 2014, though. and we know he didn't return and immediately start, for example, doing anything obvious, like growing his beard. that happened later. there were no signs from anyone, from his neighbors, his co-workers, guy who

let's dig deeper with the cnn justice reporter evan perez and cnn security and intelligence analyst bobnn analyst tom fuentes. paul, senator risch well briefed just on our show suggesting this may not be this complicated, this woman tashfeen malik may have been sent over here to the united states specifically with an isis or terrorist related mission to under take what they did. >> well, that is very interesting indeed. i wonder if he's been briefed on that because it totally contradicts what the fbi director was saying, what the fbi in general was saying there is no wider network -- >> they know at this point. >> that is different information stream he has got. he's giving us compared to what the fbi publicly told the american people at this point. >> bob bear, we know women are a top recruiting target for isis given what we know about this woman or lack of social media presence or travel history whatever coming from a conservative hard line family, could she actually have been groomed by isis to find some american, get married to that american, come here to the united states and plot

evan perez, thanks very much. joining me now to talk about these terror concerns is our cnn security intelligence and analyst bob baer, phil mudd, former deputy director of the cia counterterrorism center and jonathan gillian, three great minds to discuss this threat with. phil, if i could begin with you. you have paris and brussels both canceling their fireworks displays out of an abundance of caution. does that send a message in effect giving terrorists victory? >> i think in some ways when you see how isis will react to that, you can expect them to come out and say this is a victory. in addition when you're looking down the road at their attempts to recruit people, this is going to feed into their ability to say if there's one place you want to go that will allow you to impact the societies you're coming from, impacted not only with events like the paris attack but also with what's happening today there's only one place to go. and that's syria. i think it's hugely significant. >> bob baer, i want to ask you because when i speak to european counterterror officials about the threat, they are extremely concerned. and

evan perez. the former fbi assistant director and analyst tom fuentes and bob baer and terrorism analyst paul cruickshankou can't really fight the spread of isis without defeating them significantly on the battle field in both iraq and syria. how significantly does isis need to be diminished on the ground for that to work? >> oh, i think it has to be absolutely we just simply can't bomb them. we have to look at the support they are getting around the gulf, saudi arabia and pakistan as long as this movement is being funded it will exist. the only way to end this thing is bring the conflict from the middle east to a conclusion and that should be our main concern. the bombing again will not do it alone. >> if the u.s. and its allies, paul, eventually do beat them on the battle field, does that also destroy and defeat the ideology? >> short answer no but i think it will significantly degrade the power of the ideology, wolf, because isis' appeal is based on the idea of winning, of victory and holding territory as a big part of that. makes supporters around the world believe god is on their side and gives isis

to bob baer's point the more details coming out saying there was a male and a female style of clothing and some sort of tactical gear and some sort of rifles and handguns and evan perez reporting two pistols and two ar-15 style guns have been recovered. a potential explosive device and sense of material and unclear what is happening now in the apartment in redlands where it's believed they went after the initial slaughter and seen leaving and police followed the suv and that's how the encounter came to an end. the third suspect out there? dan, in terms of the terrorism angle which chris was saying, you know, listening to former colleague of his who is at the fbi was saying it is a possibility the number of agents, fbi agents they are bringing in of personnel and the way they are making adjustments in the investigation, sounds like terrorism. what do you make of that, dan? >> couple of points on this, anderson, the presence of secondary weapons, handguns and presence of weapons and pipe bombs. one of the things i noticed in the recording of the police scanner is they were engaging obviously from a moving vehicle and that's not easy to do. anderson, this zlgisn't

bob. >> okay. >> see you later. so the rescue pups from best friends animal society ri ringing the closing bell today, getting kelly evans's attention, and over at the nasdaq the u.s. postal services operations santa is ringing the closing bell. get all those earnings and a lot more coming up on the second hour of the "closing bell" with kelly evans and company. enjoy your new pup, kell. >> thank you, bill. welcome to the "closing bell," everybody, i'm kelly evans. stock markets having a strong session. came off their highs at the end. for some reasons we are about to get into. the dow up 166 points, the s&p adding 17, the nasdaq was the under performer up 32. the s&p is within arm's reach of its highs for the year. i should say of turning positive for the year, something we're keeping an eye on. a 1% gain on the dow bolstered by strong caterpillar performance. joining today's panel we have our own mike santoli and kayla tausche. for more on today's market action "fast money" trader guy adami. just some reflection first and foremost, mike, on the rally, it was pretty broad based allow some particular larts. >> i think one

evans today. >> let's get to our full team coverage of the markets on this new year's eve. >> we've got courtney reagan at the nasdaq, bob pisani here at the new york stock exchange and jackie deangelis over at the nymex. let's start with courtney because the nasdaq has been the outperformer this year. >> that's exactly right. if there is a prize or a trophy for the most bullish index this year i guess the nasdaq gets to to take it home today. for the year the nasdaq composite will be gaining about 7%, really not too shabby, especially compared to the performance that we've seen from the other big indices. if we drill down even further and look at some of the biggest gainers, we talk about them all the time, but it's worth visiting on this new year's eve. in the nasdaq 100, netflix has gained 139%, this is this year, followed by amazon up 122%, activision, blizzard, up 96%. if you look at the etfs which is a way to help us track in many ways subsectors of the market, the top six performing etfs are either tech or biotech etfs. so the first trust dow jones internet index fund up 23% for the year, the spider s&p biotech up

joining me is evan osnos, bob