defensive end ray mcdonald s been in the wrong spotlight too many times.enough is enough. multiple cars are charred a burned in san francisco. no bay area police think a firebug's on the loose. join us for kpix 5 news this morning... beginning at 4:3 good morning. it's thursday, december 18-th. ,, >>> here is a look at today's forecast in some cities around the country. >>> as high school seniors rush to meet college application deadlines, many face anxiety over social media posts. are admissions officers really reading their tweets and posts? a'dreanna diaz has the results of a new study. >> reporter: when this 18-year-old is on twitter, she thinks twice before pressing tweet. >> if you tweet one wrong thing, one tweet can go viral in seconds. >> how was school today? >> fine. >> reporter: she's thinking about college, applied to ten schools and know they can see what she puts online. and they do look. a test prep company surveyed 403 college admissions officers. 35% said they look at applicants social media pages, that's up from 9% six years ago. >> more

>> mcdonald says s just happened we're just enjoying the moment. police sargent, i don't remember anything. i don't know how i could have been enjoying something. mcdonald, i don't understand why you're bothered you chose to stay with me for another day. sargent, yes. but you should not have had sex with me after i was knocked out. mcdonald, i didn't do anything wrong, like you told me, before you started coming on to me. a group that helps victims believes the d.should have prosecuted mcdonald the last time for domestic abuse >> i've said when it's the first incident against his wife, that he will commit another one. >> they'll turn the case over to the d.a.and will decide whether to charge mcdonald. >> a 35-year-old has pleaded not guilty to charges of illegally copying computer indicate data. and his attorney told a judge there will be a change of plea. harrington is accused of searching phones of two women he stopped and sending pictures to himself and other officers >> there is flooding in another a number of locations today and it didn't rain

. >> reporter: the in the text conversation, mcdonald says s just happened. we were just enjoying the moment. police sergeant, i don't even remember anything. i don't know how i could have been enjoying anything. mcdonald, i don't understand why you're bothered. you chose to stay with me for another day. sergeant, yeah, but you shouldn't have had sex with me after i was knocked out. mcdonald, i didn't do anything wrong like you told me before you started coming on to me. police searched mcdonald's home and confiscated his iphone and home security cameras. those surveillance tapes could be key. do they show people that appear to be consensually getting together or was he aggressive, was she stumbling, do they show she was impaired. >> reporter: when police finish their investigation, they will turn the case over to the d.a., who will decide whether to charge mcdonald. vic lee, abc 7 news. >> if you would like to read the entire 32-page document released today, it's posted on our website, abc7news.com. >>> today the family of a window washer who fell 11 stories

>> mcdonald says s just happened we're just enjoying the moment. police sargent, i don't remember anything. i don't know how i could have been enjoying something. mcdonald, i don't understand why you're bothered you chose to stay with me for another day. sargent, yes. but you should not have had sex with me after i was knocked out. mcdonald, i didn't do anything wrong, like you told me, before you started coming on to me. a group that helps victims believes the d.should have prosecuted mcdonald the last time for domestic abuse >> i've said when it's the first incident against his wife, that he will commit another one. >> they'll turn the case over to the d.a.and will decide whether to charge mcdonald. >> a 35-year-old has pleaded not guilty to charges of illegally copying computer indicate data. and his attorney told a judge there will be a change of plea. harrington is accused of searching phones of two women he stopped and sending pictures to himself and other officers >> there is flooding in another a number of locations today and it didn't rain

>> in the text conversation mcdonald sets s just happened we were just enjoying the moment. police sergeant i don't even remember anything. i don't know how i could have been enjoying anything. mcdonald i don't understand why you are bothered. you chess to stay with me for another day. sergeant yes but you shouldn't have had sex with me after i was knocked out. mcdonald i didn't do anything wrong like you told me before you started coming on to me. the person next group that help victim of sexual abuse believes the da should have prosecuted mcdonald the last time for domestic abuse. >> i think i have said in other interview when it was the first incident that against his wife that that he will commit another one. >>reporter: when police finished their investigation they will turn the case over to the da. who will decide whether to charge mcdonald. vic lee, abc 7 news. >> look like highway patrol officer e mailed nude photo of 2 women he arrested is ready to accept a plea bargain. 35-year-old john harrington pleaded not guilty to charges of illegally copying computer data. dea

. >> reporter: the in the text conversation, mcdonald says s just happened.e were just enjoying the moment. police sergeant, i don't even remember anything. i don't know how i could h

process side details on the sexual assault accusations against former san francisco 49er ray mcdonald. kpix 5'son children has more on the allegations. >> reporter: the accuser told police she stayed the night here at ray mcdonald's san jose home. she'd met him at a bar after the 49ers' loss to the seahawks in seattle. court papers say she remembered being out by the pool when she fell and hit her head on the ground. t woman stayed next day could hurt her credibility. but ultimately, the key questio whether the two had consensl sex. "sxs_mcdonald charges raw_jc at 1:49:29 if she's credible about being unconscious here was sex and the next day, the two stayed at his home and drank vodka and cranberry juice with fellow 49er aldon smith. when the accuser went to police an investigator texted mcdonald from her phone pretending to be her and complained about their encounter. mcdonald wrote back -- he also texted that she came on to him and advised her to get the morning after pill. university of san francisco law professor bob talbot says the exchange accomplished its purpose. >> it looks a little b

s&p capital iq. you got a hold on mcdonald's. what do they need to do to jump-start business and is don thompson the right guy to do it or does he have to go? >> it will be a challenge to turn around the business, as has been indicated earlier in the story, it's a global issue. if you look at china, that's something that should hopefully resolve itself. the supplier issues later in 2015. in europe you have issues of weakening economy plus politics is hurting the russian sales. that could correct itself too. the real challenge is the u.s. where we're seeing weakness in the sector where people are going more to the quick service -- i mean, the fast casual restaurants taking away share from mcdonald's. and you know -- >> what do they need to do? what do they need to do? >> that's what i'm about to get to. there's not a lot they can do. they have to experiment to customize that people can order the burger they want. but a lot of the customers just want the quickness and the burger. as far as trying new products, they've tried healthy

the team of has decided to drop defensive lineman ray mcdonald from the team after a woman said he sexual assaulted her. as kpix 5's betty yu tells us, this was the final straw. >>> reporter: ray mcdonald wasn't talking tonight as he got out of his new bentley and walked into his silver creek home. but the 9ers general manager was. >> ray's demonstrated a pattern of poor decision-making that, um, has led to multiple distractions for this organization and this football team that really can no longer be tolerated. >> reporter: mcdonald has yet to be arrested or charged. his mother said surveillance cameras at his home will show the truth that nothing illegal happened. colin kaepernick said he hopes this is just a misunderstanding. >> not a situation, um, you want to hear about, uhm very unfortunate. >> reporter: today several people stopped by his house on bently ridge drive including a man who identified himself as his driver muhammad. >> he is a wonderful man, he is a kind man, a gentleman and he brought good christian house that's all i can tell you. >> reporter: four months ago, san jose police arrested mcdonald

mcdonald's. we reveal the if you had $1,000 to invest where would you put it contest? >> the s&p energy sector is the biggest loser today. with crude at five-year lows chevron and exxon are down. we are seeing acceleration to the down side across the board. the nasdaq is down over 1%. we have reporters in place. mary thompson at the new york stock exchange and bertha coombs. mary, what has been the latest push to the down side? >> it seems some of the traders were telling me it was a technical issue for the markets. we had the s&p break below support. and then a decline in oil prices. we started the day below 65. energy stocks leading the markets to the down side today as we take a look at the energy index. a contributing factor was the leg down in tech. not only is the energy sector being impacted take a look at the high yield market. a number of these markets, these are energy companies. this is taking a hit, as well. we want to end with a number of energy stocks. whenever you have crude up and nat gas, all of these taking a big hit down more than 6%. the dow down 136 points.

mcdonald. just last month, the santa clara county d.a.'sclined to file charges in the domestic violence investigation. now a woman in san jose is accusing him of sexual assault. mcdonald has not been charged in the case, but the 49ers are severing ties with a pattern of poor behavior. >> we as an organization have notified him and his agent that he will be terminated and released immediately. >> this is an organization. a franchise. you want to have a high standard. we do around here. you have to be able to abide by that. >> san jose police have searched mcdonald's home. the players association has not decided to file a case. >>> and connection in the deadly meningitis outbreak in 2012. two people have been charged with 25 acts of possible murder. one victim's family member describes what happened to her mother who caught the deadly disease. >> during those ten months, her behavior changed and until finally she couldn't do anything. she couldn't walk. and i stayed with her and she passed. >> whoever was doing this, i think they should all b

. >> reporter:the 49ers cut ties with ray mcdonald last week.one day after his home was searched. >> grant:but as kron 4's vicki liviakis shows us. the investigation into rape claims against him is ramping up. >> reporter: this is a copy of the san jose police report. >> reporter:in it - the alleged rape victim says ray mcdonald had sex with her after she had some drinks. hit her head and passed out. >>.witnesses to that. >> reporter:vince repetto is a former sex crimes investigator with the sfpd who handled a rape claim against another 49er which was dropped. >> reporter:he finds statements made by mcdonald in this search warrant puzzling. >>.and able to consent. >> fool somebody. >> reporter:the woman says she woke up naked in mcdonald's bed but has no memory of what happened. >> reporter: the document also mentions that current 49er aldon smith who is on probation for a dui conviction was also at mcdonald's house. >>if he was drinking that would be a violation of his probation. >>he would be a witness. >> reporter:san jose police seized bedding to check for dna. but repetto says that only shows the obv

s side of the story? well, the new v.a. secretary robert mcdonaldas been speaking out in recent weeks about the steps he and the department are taking to address some of the v.a.'s issues head on. the v.a. didn't want to discuss this one with us. the v.a. regional counsel referencing the injury claims, the signature at the bottom of the denial letters for veterans in tennessee an attorney promoted to acting general counsel. she's now the top lawyer for the entire v.a. we asked the v.a. repeatedly for an interview with her or another representative. they declined to grant us an interview. >>> all right. before we go, we wanted to update you on the hash tag battle. we wanted you to weigh in. is it the right move for the u.s.? and the results, 100% of you said it is the right move. tell us how you really feel. >>> and some breaking news coming out of the pentagon this moment that we wanted to bring you. senior defense officials confirming now that the u.s. has killed three mid to high-level isis leaders in air strikes in iraq over the past six weeks. t

mcdonald has yet to be arrested or charged. his case will be forwarded to the santa clara d.a.'s office for review. >>> happening today, a symbol used in protests nationwide will be used on courthouse steps across the bay area. we are talking about the hands up demonstrations used by protestors to show the racial disparities in the criminal justice system. today the uncle of oscar grant, the bay area teen who was shot and killed by a bart police officer back in 2009, will lead a hands up demonstration. he will be joined by several bay area public defenders and they will all gather at noon at the locations you see here in san francisco, santa clara and contra costa county. >>> oakland police say they were unaware the chp had undercover officers at a recent protest. the officer and his partner were with protestors during a march last week. the chp says a protestor out the officers and attacked one of them. the other officer pulled out his gun. the "chronicle" reports chp claims oakland police knew about the officers. the opd said they didn't and that they are investigating the inci

weakness from mcdonald's after sales miss from november. now down 13 points on the dow. s1.5 points but oil continues to be under pressure at the new five-year low. >> let's get to our road map this monday morning. oil prices hitting five-year low after morgan stanley cut its forecast. this is the dow backs away from 18,000. >> mcdonald's delivering weak number. sales down 2.2% around the world, down more than in in the united states. >> and merck buying cubist for $9.5 billion. what the ceo has to say about the deal. >> later, marriott president and ceo arne sorenson, live for an exclusive interview that company going after a younger, tech savvy traveler, opening its first ever u.s. ac hotel in new orleans. >> let's bring the focus back to the marketsen down 12 points on the dow. major averages mixed. the dow is down right now, but still within range of the 18,000 mark. the big picture rallies for seven consecutive weeks and gained 58 points on the dow friday in the wake of the blowout jobs data. president and portfolio manager, welcome to the program. it's a mystery why

the team that stood by mcdonald during a domestic violence arrest now says this is the last straw. kpix 5's len ramirez has reaction from the 49ers front office and teammates. len. >> reporter: well, the 49ers call ray mcdonald a distraction that can no longer be tolerated. so they cut him today. ray mcdonald has been here at his home in the san jose foothills all day. he has not spoken to reporters. in fact, he has not issued a statement regarding these latest allegations. frustration from the front office. >> one more situation that, um, we just weren't willing to deal with anymore. >> reporter: and sadness from the clubhouse. >> i mean, he is a good friend to a lot people on this team. >> reporter: all the while ray mcdonald was at home meeting with friends and advisers over his allegations of rape and being cut from the 49ers. >> does he want to say anything about the allegations? >> no, not at this time. >> will he have a statement later? [ door closes ] >> reporter: one of the them was a man who identified himself as mcdonald's driver mohammed. >> he is a wonderful man. he's a kind ma

the woman accusing mcdonald says she fell and hit her hit by the pool at his house. kpix-5's mark kelly says she doesn't remember anything from night after that. mark. >> reporter: well, according to this search warrant, the alleged rape started here. this is the willow den in san jose's willow glenn neighborhood. this is where the accuser met mcdonald. she was driven to his house. she remembered being by the pool and felt and hit her head. she woke up in bed the next morning naked in bed. she asked what happened, and he said she was tired. they spent the next day together, went to the store to get alcohol. also in the mix, the following morning, alton smith, fellow 49er. on probation for dui. now, according to the document, mcdonald never mentioned to the victim they had sex until later that night. that's when the alleged victim accused mcdonald of lying to her all day, and she went to authorities, saying mcdonald raped her. now coming up at 6:00. we'll take a look at the text messages between the two. they were found in the search warrant. and the one piece of evidence that

s&p is down 34 points and nasdaq finished the day 82 points lower. mcdonald's is slimming down.m the menu. the big macs will stay. next month, eight items will be cut from the mcdonald's menu. they reported the deepest sales decline in 14 years. they are reviewing some of the ingredients they use. >>> instagram is more popular than twitter. instagram, the photo and video sharing app, owned by facebook has 300 million monthly users. twitter had 284 million monthly users as of the third quarter. here in new york, the original apple one personal computer will be auctioned off. it traces history back to steve jobs parent's garage. it was bought for $600. it is estimated it will sell between $400,000 and $600,000. >>> if you need an ugly christmas sweater, go to a thrift store in colorado that exclusively sells used, tacky, holiday sweaters. they are prices $3 to $43 and up to 150 of those sweaters are being sold each day. >> i don't need to buy an ugly sweater. i can go through my dad's closet. just kidding. jill wagner at the new york stock exchange, thank you very much. >>> in spo

the s&p 500 down five. ibm, mcdonald's, also verizon.have down arrows. $8.7 billion. the stock is up 4.6%. social media. raising that one too and outperform her. ♪ music ...the getaway vehicle! for all the confidence you need. td ameritrade. you got this. the two that terror attack in sydney, 1:00 p.m. eastern time here, that would eat about 15 minutes. australian police force hold a news conference. look at the price of oil, please. around $56 per barrel. charlie gasparino is here. you are reporting this morning. >> bloomberg was shut down. so was just about every other business, large business in that area. if you went to work, you were locked inside and then discharged. we do not want to reduce every story that has human casualties. they go after the world trade center. they crippled the economy. they shut down the stock work at it one crazy terrorist stockman shut down an entire city. you and i were always saying we do not want to give anyone a roadmap, but they know this already. the density of the population. that is why before we

s v. it's in university city parked at the ronald mcdonald house to give eagles fans who are also staying here a chance to have some fun. this is a big sunday night football bus and we'll walk inside. we have some families already here posing with swoop. hey, guys. go eagles, right? we have a patriots hat. that's okay. so the big highlight of the bus for these kids posing with swoop is also the vince lombardi trophy which is on display here in philadelphia. eagles fans hoping this will stay put. we have swoop here, all the families, a big game ahead for us here. and we just talked to the director of the ronald mcdonald house who says football and families go hand in hand. take a listen. >> i don't think you can put into words how much football families and holidays go together. it's really about the kids. we say that, but we mean that. and philadelphia a lot of things are first in philly. first ronald mcdone eald house now in 350 countries. >> reporter: and for the families staying at the ronald mcdonald house, this is a nice break for them to hang out with swoop and the eagles. and you'r

the dow falling about 20 points, nasdaq is now turned positive up six points and the s&p is down by two points. mcdonald'smorning. its same store sales across the world fell more than 4%. including here in the u.s.. michelle and brian back to you. >> all righty, thanks. >>> time now is 6:46 and a check on the roads with elizabeth. >> thanks guys and we started off so well early this morning with no major incidents and suddenly things are popping up left and right the i know the nothing is -- and i know the fog is not helping the commute across some streams. earlier accident, westbound 80. everything is now cleared to the right hand shoulder but there must be some activity there. we're still seeing delays all along the east shore freeway backed up to hercules. and also this stretch. we've been reporting the fog all morning on 580 from the altamonte pass and through the livermore valley. it's also thick in concord. fairfield. and anyway this drive time is up to 33 minutes now. you can see the thickset is coming out of tracy 205, 580 and then to about vasco and then remains just kind of slow and go out to th

. >> now the operation is over and prosecutors s they're launching a full criminal investigation to try to determine what went wrong. hamish mcdonald abc news london. >> san francisco police are looking for two gunmen who terrorized two men in a home invasion robbery at 3:00 a.m this morning in park merced. a neighborhood next to san francisco state university. officers say the suspects entered probably through a window, woke up two young men tieing them at gun point. police say they stole wallets, kril phones and abike. good news is that no one was hurt. >> convicted drunk drivers may soon is to prove they're sober before starting their cars. they'll have to blow into a tube to rev up the engine. >> every time i hear of another cash i want to make a differce. >> nina walker's 22-year-old daughter,ginger was killed in a crash. ginger left behind a 3-year-old n. >> 50,000 californians have been killed by drunk drivers. we must take action. >> state senator jerry hill's legislation would require all drivers even first offenders to install ignition interlock devices >> in arizona louisiana they're interlock laws reduced dui fatalities

mcdonald has yet to be arrested or charged. his case will be forwarded on now to the santa clara county d.a.'s office for further review. >>> starting today, walnut creek is banning single use plastic bags. the ban includes restaurants, tellies, cafeterias and even food trucks. restaurant having exempt from a larger citywide ban until now. retailers will be allowed to offer paper bags for a dime. >>> the u.s. forest service says controlled burns can lower the chance of an extreme fire. researchers studied the "rim" fire which burned 400 square miles in the yosemite national park and found the wildfire burned less intensely in places that had fires recently. the study does say there is a risk involved. once a fire grows quickly, it becomes difficult to contain. >>> well, the lights on the bay bridge are here to stay. a nonprofit raised $4 million to reinstall the bay lights on the western span of the bridge. one man contributed $2 million after hearing the display was going to be taken down. next march, the current lights that are up will come down and those will be replaced with sturdier l.e.d

mcdonald has yet to be arrested or charged. his case will be forwarded to the santa clara d.a.'s office for review. >>> a videotape statement by steve jobs will not be released to the media. it was made six months before he died in 2011. it was used in a lawsuit against apple that accused the company of abusing its power in the music industry. apple won the suit this year. the "associated press," bloomberg and cnn wanted to see the tape but it was denied by the judge. >>> christmas coming early for some bay area families. the do gooders helping them to get back on the road in a new set of wheels. >> and what is cool about your school? email your nominations to coolschools@kpix.com. we may come and feature your school on the show. ,,,,,,,,,,,,,, personal experience with ra. in an interview with people magazine, mrs. obama says 's been mistaken for a store em >>> the obamas are sharing their personal experience with racism. in an interview with "people" magazine mrs. obama says she has been mistaken for a store employee at a target. she also shares a story about the president at a

49ers have released ray mcdonald after learning he has been investigated for new sexual assault charges. we have andy scholes with more in the bleacher report. >> last month, the d. a.'sined to file charges in the domestic violence case. now a woman is accusing him of sexual assault. police searched mcdonald's home. he has not been charged. the 49ers are terminating his agreement citing a pattern of bad behavior. he was under investigation for domestic violence abuse. he had played in every game this season. the 49ers head coach jim harbaugh will part ways at the end of the season. harbaugh may be going back to the old stomping grounds. harbaugh's alma mater michigan has offered him the richest contract in college sports. $8 million, $1 million more than alabama's nick sabin. he played in the '80s. harbaugh is considering the offer, but preference is to remain in the nfl. >>> the league's highest paid quarterback is watching from the sidelines this sunday. the bears have denied to bench jay cutler after what has been a very disappointing season. jimmy clausen will get the start. this is a sign the bears may be ready to move on from cutler. this comes not even a year t

s&p higher by nine points. rating at 5530, that change the leadership in the market. mcdonald'scan express, pfizer and duncan, a lot of health care winners today on the dow. and the s&p 500. many people returning their christmas gifts today. it is friday and then the long weekend. amazon adding 10 million new members. that is the latest from the new york stock exchange. varney continues after this. ♪ you don't need to think about the energy that makes our lives possible. because we do. we're exxonmobil and powering the world responsibly is our job. because boiling an egg... isn't as simple as just boiling an egg. life takes energy. energy lives here. thanks. ♪ [ male announcer ] fedex® has solutions to able global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ cut it out. >>see you tomorrow. ♪ connell: talking about retail, if you watch this program on a regular basis you know stuart has been hitting on the theme of the shift of giving gifts to sharing experiences with people who you know and love. is consumerism dead? >> look and the way

you have 43 names in the s&p s&p 500, down with down arrows, 17 hitting new lows in the energy sector. mcdonald'shat has been weighing on the dow jones industrial average after weak global same-store sales and it has been a laggard compared to the other guys such as burger king, chipolte, wendy's around the like. back to you. melissa: nicole, thank you so much. we told tu was coming. a big show coming up tomorrow. we have a surprise mystery guest here on a "money." all hour we'll give you hints before we reveal at the end of the hour, today our first clue was, he is an nba hall-of-famer. let's go no the control room for another clue. alex what do you have. >> we know he is an nba hall-of-famer. would you believe this he didn't make cut of his high school varsity basketball team. that is clue number two. >> i like that, alex. very impressive. like me on facebook at melissa francis fox or follow me on twitter @melissaafrancis. tell me to you think it is. big surprise coming up. >>> 'tis the season to don all the tacky apparel but are you ready to wear this christmas suit? might take a few glasses o

mcdonald's is disappointed with the board 's decision to move forward with these charges and will contestation as well as the unfair labor practice charges in the proper forums. the nlrb says there are 86 cases in which the country's unlawful conduct including sanctions about workers, so they're saying you can't treat them individually. it is mcdonald's after all. it is a corporation and stuff trickles down from the top. what do you say? >> that is not the way the franchise model works. we need to understand hugh dangerous this is. this whole campaign began a long time ago. november late november 2012 the nlrb went after 291 mcdonald's restaurants. they have gotten rid of 86 of these things. they dismissed them. if you look at these protests vastly they're not mcdonald's workers. this is an organized campaign, big money from the outside, and their goal is to ultimately force mcdonald's to unionize these jobs. here's the thing these franchise workers, 10% of our entire workforce, we start to turn that business model upside down we stop a lot of people from becoming authentic small business

s&p earnings. you take energy earnings and cut them by a third, right. this dollar strength, they argue, is just getting started. we're going to see more mcdonald'sike announcements in the coming quarters. some are saying 3% maybe on s&p earnings for 2015. >> 13% directly back impacted. i'm trying to do some numbers this morning where 4% or 5% will be under stress. we have 34 states that are pure takers of energy. they're just takers, period. when you get that phone bill down, which will happen, that gasoline comes down, it's fabulous for small business. it's fabulous for anybody who commutes. those people are going to spend. opec has been a huge tax on america for a long time. yes, it's true, we're going to produce up to 10 million barrels maybe in the next 18 months. we'll be more energy and self-sufficient. try as i might to be able to talk away from the distress, the potential pin square, big lender in the '70s and '80s. it's just a positive. i know you'll see the airlines up. why was spirit down so much? because you don't need to have new planes. gas guzzler planes, which have been retired, you can buy a bunch of those and create a new airli

mcdonald's. we reveal the if you had $1,000 to invest where would you put it contest? >> the sthe biggest loser today. with crude at five-year lows chevron and exxon are down

report of the woman would claimed ray mcdonald may have sexually assaulted her says smith was there in the house drinking. that would be a violation of smith prohibition. ss not true. >> as far as this is concerned i was over at ray house for close to an hour. i didn't drink one thing. and as far as it goes to that, you know i have nothing else to say. that's not my issue or my problem. >>reporter: back on the field. 49ers getting set for the financial game of the season. sunday against arizona. might it be the last gym for the great frank gore in red and gold? say it isn't so. niners all time leading rusher contract expiring some question whether he will be back with the team next season. 31 years old. kaepernick for sure says gore as good as ever. >> he's a huge asset and i'm hoping he's back here. more comfortable with 21 in the back field. i don't see him slowing down so he's proven his point. >>reporter: raiders will finish up the season sunday in denver. raiders 3 and 12. broncos 11 and 4. pattern pointed out by rapper known as the mad fanatic. >> give them ♪ little mack give them marcus. ♪ they pick top 5 every year but they still whack. i'm worri

mcdonald, the broadway singer. we had a great time. reports from the mall at 4, 5, and 6:00. it, it was in the upper 60's. it's kind of about the same time every year. over. sleet covering us tomorrow we will get a break, it will be nice. a couple of video views of whether around the area. the first stop at trailside middle school in ashburn. it's kind of cloudy today in ashburn, but the skies brightened and got into the lower 50's. we had some areas with sunshine around. that has mostly been to the north and west of the actual area where the cold front is making some inroads right now. gaithersburg, 52 in manassas, 49 in baltimore. a little milder to the south. fredericksburg at 54, 55 at lexington park. a bit cooler and drier, but that is good news for clearing skies out during the overnight hours as well. these numbers indicate how much warmer it is today in different locations than it was this time yesterday. monday we were very mild, upper 60's, lower 70's. tuesday we were in the 30's, already degrees colder than the day before. now we are 17 degrees warmer than we were yesterday. we won't see any ma

mcdonald's. >> "new day" starts right now. >>> high high alert, american embassies and installations around the world prepare for violence as a report of the c.i.a.'surs. there's a real debate about whether this information should get out. we'll get inside it. >>> dramatic cell phone video of a stabbing inside one of new york's most prominent synagogues. police shoot and kill a man wielding a knife after a student was stabbed in the head. we have the breaking details. >>> royal invasion, the duke and duchess of cambridge get the royal treatment in new york. meeting america's royalty, jay-z and beyonce. and where the royal couple is headed today. >>> your "new day" starts right now. >>> this is "new day," with chris cuomo, kate boldaun and michaela pereira. >>> good morning, welcome to new day, it's tuesday, december 9th, 6:00 in the east, chris cuomo and alisyn camerota here, five hours from now, the world could become a more dangerous play for americans because that's when a report will be released, detailing the c.i.a.'s torture techniques, used by the spy agency under the bush administration after 9/11. >> the report is expected to inflame extre

s&p and nasdaq, all in the red right now. the dow is down by about 71 points, hitting a low of the session. in the meantime, watch your back, ronald mcdonalddy for a faster flight. ♪ click on a different -- >> on a different note, one day you might be getting some different than hashbrowns. when he is fading out breakfast. in thelready saturated market by countless others. still, the ceo emil brolick eye nues to i breakfast -- breakfast. >> we have tested breakfast several times over the years. we feel that the only large -- as the only large national chain that has not gotten into breakfast, it's difficult to get into that space today and commit the kind of marketing resources we feel would be nice very to entrench ourselves successfully. and by the way, do it in a way that we can not just break even, but make a good amount of money. we want to make sure we can do it in a highly profitable basis. and we felt upon her last earnings that we were not quite there. >> he would not rule it out then? >> oh, no, but in the future we would do it in a way that really set us apart. but if you look at the growth in breakfast, it continues to be one o

s. >> let's look at other stories caught in our global net. mcdonald's is struggling to hold customers so is slimming down its menu. it is nixing eight items. >> please tell me the sausage biscuit is still going to be there. >> mcdonald's wants to change the perception that it only serves junk food but is getting rid of extra value meals from 16 to now 11, but the big mac survives. >> wisconsin governor scott walker may be getting a he brew-english dictionary this holiday season. walker seems to have mixed up the words mazeltov with molotov, a homemade grenade. his parting words in a letter to a jewish constituent said thank you again and molotov. let's hope it was auto correct. >> reddit posting a media storm. a man showed his two children with one on the couch with him and another painting his toe nails. some thought he was awesome, others thought he was ignoring his kids. almost 2,000 responses, but as the father of two daughters, i can tell you. >> i thought maybe you were going to say that the comments were about how the color didn't match. >> that'

s and across the rockies colorado. take a look at denver. 59 degrees for the high temperature. not bad at all with some fun. >> we have the first little snowfall. mcdonalds is making getting a make-over they are ready for you. >> we are here with what is coming off the menu. >> don't touch my big mac. mcdonalds is putting the menu on a diet. finally for this one. customers have been complaining the food takes too long to get to them. restaurants say the menu is too big. their kitchens can't handle it. all of that pushing mickey d sales down about 5 percent in november. eight items will be cut all together. not the big mac. the number of extra value meals goes from 16 down to 11 and there will be fewer choices for mcwraps quarter pounders and chicken sandwiches. they granted permits for commercial drones. they will fly ariel surveillance and site and oil rigs. this brings the total granted permits to 13 out of 167 requests bite faa. amazon and drone delivery aspirations they are not cheering yet. the regulations won't be finalized for years so we are seeing more companies taking their drone technology overseas. check your instagram account. you may soon h

s&p 500 and the nasdaq also up. >>> 49ers head coach jim harbaugh makes his first comments today on the firing of ray mcdonald. the niners released the defensive end yesterday after learning he is now under investigation for an alleged rape. coach harbaugh says he supports the decision to release him from the team. >> we made the decision as an organization contributed to it and in agreement with it. this was the decision by the organization. they have the right to employee what they want to employee. >> coach harbaugh says their decision was partially based on the nfl's code of ethics. at this point, mcdonald is not under arrest and no charges have been filed. >>> now you've seen it you feel like an idiot, you've seen it. give it back. >> straight ahead, a woman battling cancer now fighting without a prize possession. what she is missing and the plea from her family. >>> is san francisco ready? new details on a plan to make the bay area olympic worthy. we're going to find out the cost of it all. >>> plus what shut down a local and popular destination just before the holiday weekend? >>> and good evening. i'm

s&p today. we begin with the push towards 18,000 on the dow amid a number of cross currents, ugly miss from mcdonald's. oil's continued slide, more dreary economic news overseas. even so the man to my right laszlo biryini remains bullish and expects stocks to push into the end of the year. with us for the next 30 years. great to see you again. welcome back. you're confident we can keep going higher. >> i am. my target is still 2100 by the end of the year and when we get there we will revisit. >> all right. rapidly approaching there i guess. we're 25 points, 27 points away. when you reassess it what's going to draw the conclusion for you that we go higher or stop? >> well, we look at the things we always look at. we look at the sentiment, we look at the latest economic indicators and the state of the sectors and quite frankly everything seems to be pretty much in sync. >> although you do have some concerns, right? that some of these stocks have just gone too far too fast and that's unsustainable, right? >> i am concerned some stocks which i didn't expect to join the rally have done so well. i'm not sur

mcdonald's. the weakest we've seen in 15 years. united technology and home depot doing well. record highs for many names on the sluding starbucks. disney, royal caribbean, and kroger, some of those got some upgrades. fifty-four stocks hitting highs. goldman sachs positive on the airlines, particularly the original legacies including delta was their topic. united continental. they like southwest as well. more coming up. stuart: hillary clinton criticized for what she said about our attitude towards america's enemies. roll that tape. >> showing respect, even for one's enemies, trying to understand and insofar as psychologically possible, empathize with their perspective and point of view. stuart: that to us sounds like a passage from the book of matthew. it reads as follows. but i say unto you, love your enemies. bless them that curse you. do good to them that hate you. let's ask jonathan morris. father, welcome to the program. >> hey, thank you very much. >> hillary clinton says respect your enemies. that's a very christian thing, isn't it? >> it depends on what she means by your enemy. when a country has an enem

losers in the s&p 500 include new feld exploration, eqt corp, range resources and tenet health care all down more than 2% today. >>> let them eat fries. and as many as they want. mcdonald'sing it will start serving large orders of fries again in japan after a shortage there. how soon and what caused the shortage? that story is straight ahead. plus andrea day is on the case. >> most of the time scammers run from paying taxes. one guy went out of his way to pay the irs millions more than he actually owed. why? the answer coming up right here on "power lunch." she inspires you. no question about that. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in

s the house speaker wants to keep hard-line republicans happy, while trying to avert a government shut down. good luck with that. >> the recipe for beating mcdonald'sking. the rest of -- sonic things he has it. i amis is "market makers" erik schatzker, this is stephanie ruhle. john boehner is facing a rebellion over the budget. the government will run out of money next week. conservatives say a spending bill must take action to stop president obama's executive action on immigration, even if it leads to a government shutdown. this is a big test for house speaker john boehner? >> it is. it looks like a test that he will pass. perhaps only with the help of his nemesis nancy pelosi. let me walk you through what is happening. john boehner has a two-part plan to respond to the immigration action and avoid a shut down. republicans will vote on legislation blocking the emigration action. they will vote overwhelmingly. it has no chance in the democratic senate. it is a show vote. next week they will vote on a spending bill to keep the government operating. only 11 or 12 will be covered by that. he will leave out --. that is an effort to take another crack a

mcdonald's not helping that. right now the dow futures down by about 50 points below fair value. s&p futures off by five.ee just how much it has to offer, especially if you're thinking of moving an old 401(k) to a fidelity ira. it gives you a wide range of investment options... and the free help you need to make sure your investments fit your goals -- and what you're really investing for. tap into the full power of your fidelity green line. call today and we'll make it easy to move that old 401(k) to a fidelity rollover ira. >>> merck is buying cubist pharmaceuticals for $102 in share or $8.4 billion. that's a 35% premium. with us on the "squawk" newsline is barbara ryan. barbara, cubist already has stuff that merck can use to add to their codery of drugs, right? >> right. merck has identified the hospital care market as one of their four focused areas. and so it's very well there. merck has been growing 10%. and what cubist brings is obviously cubisan. and one for gram negative sickness. >> close to getting approval. >> i think the date is december 21st. >> so what you just described is eight or nine ti

s&p can go out on the 50th record close of the year. about 2 points below that level. the dow adding about 51. joining me now is david darst and donald mcdonald can you believe this snapback? what do you make of it? >> last year, you're on top of this like nobody, last year, the market in december was up over 5%. i'm talking about the dow jones and then don't forget last year in january with the very cold winter it was down over 5%. so this is an end of year relief santa claus rally. you want to get ready to position yourself and be very careful watching china, watch oil. you want to watch greece and europe. you want to watch ukraine and venezuela. both of those financially, kelly, are things that could upset the market. so looks good. profits. u.s. the final thing to watch, kelly, is u.s. dollar, how's that going to affect the profits of the multinationals bringing it home in the weaker currencies? surprised how strong the dollar is. >> exactly. david, i'm glad you brought it up. having one of the strongest levels of several years. larry, how's that going to affect the market next year? headwind, potentially? >> that's the whole thing, kelly

remind people, even if mcdonald's sells as many hamburgers in paris next year as they did last year and the margins stay the same, the translation game is going to put pressure on sby the time we get into the first quarter, perhaps maybe it will take until the second quarter before we start to see the data, people are going to start to realize that there's pressure on multinational earnings, s&p 500 earnings could stall out here. and maybe even go into reverse. and i don't think that's something that the market -- >> do you also acknowledge that there's been a nice supply component that is positive. but you're saying that the demand isn't keeping up with it. it's not necessarily the growth is slowing, but the demand isn't keeping up. and this could be self-fulfilling in terms of growth slowing over in europe. >> exactly. when you look at estimates on demand for next year, most people are expecting that oil demand will actually fall by about a million barrels a day. mostly as a result of efficiencies we've built into the system. then when you look at the united states, fracking activity is still going on. typically the average cost of a new well in fracking is som

mcdonald post office. pursuant to clause 8 of rule 20, this 15-minute vote on adopting the resolution will be followed by five-minute votes on suspending the rules and passing s. 1000 and agreeing to the speaker's approval of the journal. this is a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.] the speaker pro tempore: on this vote the yeas are 231. the nays are 189. the resolution is adopted. without objection, the motion to reconsider is laid on the table. the unfinished business is the vote on the motion from the gentleman from washington, mr. hastings, to suspend the rules and pass s. 100, on which the yeas and nays are ordered. the clerk will report the title of the bill. the clerk: senate 1000, an act to require the director of the office of management and budget to prepare a crosscut budget for restoration activities in the chesapeake bay watershed and for other purposes. the speaker pro