>> that is stela on the right. >> and josey and owned by tracey, our make- up artist they are nice out fits. >> winston would not put on the outfit but sported the hat. >> tweet them to us oh, happening right now. >> bill and ally are next. thanks, guys, a controversial budget deal clears a hurdle in the senate. welcome to hq, i am alisyn camerota. >> and i am bill hemmer. it faces one more vote before it goes to the president's desk. mike emmanuel is live watching. that where are we right now? >> reporter: bill, it cleared the 60 vote threshold with a curbian thanks to 12 republicans joining with the democrats to pass the deal. senator murray who negotiated

with the deal with pat ryan said she didn't get everything she wanted. >> i was disappointed we didn't close the tax loop holes and workers who are fighting to get back on the job. and i was disa pointed that republicans refused that deal. >> roy blunt voted yes and said there is no reason to block an up and down. but i will vote no on the final passage. and others who thought that the bipartisan compromise should be discussed. one co law maker who voted no was senate mcconnell. >> i appreciate the challenges that they faced in crafting the budgetary guidelines. i voted against the legislation because in my view congress should continue to adhere to the

fiscal constraints that both pears agreed to under the budget control act. >> it is a simple majority to pass the senate and be sent to the president's desk. those facing tough election can peel off and they will have plenty to get the simple mariningity. >> thank you. mike emmanuel. best name at christmas time on television. this the first bipartisan deal that law makers have made in years. its critics disagree. what does byan york think? it sounds like something for everyone to hate? >> this is really about republicans not wanting to repeat the government shutdown. that's what it was about. that's what paul ryan specifically did when he crafted

the bill in the house with patty murray, the democrat senator and a lot of republicans who supported this in the senate say now. it is about avoiding the pain and damage with the republican brand. >> paul ryan is vocal about saying this is a compromise deal that republicans are going to have to live with. he said in devoided government, you don't get what you want. and not all republicans agree with him. some dug in their heels and say it goes too far in terms of compromise. >> when you look at the vote in the senate, you so a good picture of the divisions that are inside of the republican party. in the senate, you had 45 republicans and 33 of them vote against cloture for the bill today. 12 of them voted for it. and in the house there is 232 republicans and 170 voted for and 60 of them voted against it. those are the divisions.

you will find those groups lining up against each other when it comes to obama care and the shutdown and other issues. it is a devoided party. >> the main republican beef is that 85 billion over ten years doesn't go far enough? >> it is bigger than that. a lot of republicans felt that the only thing that was holding down federal spending was caps in the budget control act in the so- called sequestration. they felt sequestration caps led to a decline in federal spending. not a decline in the rate of increase but a decline in federal spending. once you open that up and get rid of those caps, it will happen again and we'll be back in our big spending ways. >> is this bill going to so final passage? >> it is a done deal going to happen today and tomorrow. and going to happen by the time everyone goes home for the

holidays. >> thank you, byron. >> great to see you. >> thank you, alisyn. the budget could be a blow to the veterans. we have new reaction to that controversy. in the meantime the key vote may have been a success but failed the next impending. law makers have until february 7th before the debt ceiling expires. it is 17 trillion, alisyn. >> hi lighting government spending and waste on the taxpayer dime. senator tom coburn calls out the worst offenders. more than tlo 20,000 spent on a government study on whether wives would find marriage satisfying if they could calm

down. i don't think that is how it was phrased. that was for real. and according to the senator this is the start. we'll dig more in the details. >> on that detail, that is important information. >> yes, not sure that's how they phrased it. >> we want to know what is the biggest thing that you have wasted your money on? >> the choice, endless. >> send me a tweet. and they are rolling in with creative responses. a now obama care bombshell triggering reaction. judicial watch releasing state records showing hundreds of thousands of policy cancellations as a direct result of the obama care. we'll debate the impact on hq. >> president obama hosting high- tech excutives on the obama care

website. the contracting system and the approach to national security also on the agenda. that could be interesting considering the bombshell that the federal judge rowelled that the nsa phone data on millions of americans is unconstitutional. that will be a polled and tomorrow the president and first lady host a summit of moms on obama care. >> big win for the arch diocese. a federal court blocking the requirement to provide contraceptive care to employees and nonprofit affiliates such as schools and hospitals. the judge's decision the first permanent injunction on the regulations. >> next obama care shoe about to drop. small business owners back bone of the american economy are about to come face-to-face with

a new law. lou dobb what is the delay. >> the man date will kick in before the mid- term election and they will start to take a look at it in october. the reality is, we are seeing small business pushing away hiring. they are putting part- time workers in place rather than perm nept. it is having a significant affect on the job creation machine in this country which is small business creating more than 60 percent of the jobs. >> rate hikes for small businesses. do they pass it on to the consumers and make a decision on hiring or terminating individuals? >> that's exactly what is happening. cording to the latest public opinion strategies of small business. a third of small businesses have

taken steps to move to part- time workers rather than full- time. we are looking at ten percent of the major businesses, they will not create the jobs or they will create part- time positions rather than full- time. the unemployment report and jobs report comes out and it is not a happy thing for an economy that needs to be creating jobs. >> i am looking at a political equation here, too. you wonder now, the democrats will be on the defensive for this in 2014, it would be said that you will keep your insurance plan if you like it, lou. and it will set in fully next october? >> yes, just in time for the mid- term elections. it is worse than that.

there is not an extension for man dates as there is for big business. the man date for small businesses is still in place. as unhappy as they will be going into the election individuals are mad as hell, they are watching young people's premiums rise on average cross the count country 260 percent increase without the higher quality health care. >> the other thing that strikes me here, there are winners and losers in this law. the winners get the headlines and getting the attention next year. >> they will get the attention, but the losers, as you put it. the losers in this instance is far greater than the number of

people benefitting. beneficencearies are the older and less healthy and in critical need of medical care. the younger people who are not right now, right now even ten percent of the enroll ees have been pet. >> thank you. lou. >> what if you were not allowed to crit seize obama care. is there a gag problem about the problems. the next guest has the essentiality agreement it prove it. >> and a gas explosion. search teams in a desperate search forthere. >> i was laying on the couch and the explosion, you know what i am saying, when it blew up i was dazed and my little girl is crying and i tried to get to the

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in alabama using jacks to get out a man and woman. the woman died before they could pull her out. and no word on the exact cause. the gas company has been on the scene in birmingham. trounling development out of the oregon. the state's health care exchange and an early supporter of the affordable care act putting a gag order from the community partners from saying anything bad about obama health care. you did your own investigation and unearthed something that made you think there is an gag order. >> i got suspicious because no

major health institutions were saying anything bad about cover oregon. i filed a public record's request for a document that i was told by someone in the health care institutions was keeping them from talking about. someone in the upper echlon of a major health institution who said we can't talk about it. >> i filed a public records request and i denied the existence of a document. and sure enough on my radio show said this is what they are denying. we filed a request and said we want this document and then they admitted it existed. if you are a community partner of cover oregon, you are not allowed to say anything bad about cover oregon. if the state or cover oregon decided that you voided the agreement and say anything about them, the threat is we'll cut

you off from money from cover oregon. it is one of the worst examples and a meltdown nationwide in obama care, but oregon got in early and spent $300 million on a state website that was supposed to launch two and half months ago. and as of today, they don't know when the site will work at all. and signed up 44 people. it is a meltdown. >> it sounds like the nondisclosure agreement that you found says that you are prohibited from saying anything false, misleading and deceptive or libellous. or obscene. and so basically it sounds like they are trying to protect against misinformation? >> that is on how you define misinformation. if you listen to obama administration it is working great and cover oregon, they say we switched to paper

applications. but the way it is read by the health care institutions and the original tip when i got suspicious. we are not allowed to criticize public oregon. that's the way the words read. and misleading, health institutions say it is not working and people are going to be hurt. they can cut them off. they have taken taxpayer's money and used it to point a gun to the head of the institutions and say, if you say anything bad about us, wol cut you off of tens of millions of dollars. they don't want to do that. >> who has to sign these things. are community outreach groups, who is seening the nondisclosure? >> community partners are outreach groups and affiliated mostly to a health care institution. if you read in the document, if any of your officers, directors

boards or affiliates of your utreach organization breach the agreement you are in trouble. that moeans helps and doctors ad nurses and coverage plans, if any of your affiliates breeches the agreement we cut you off. the acting director was appointed. bruce goldberg who was a medical drchlt he didn't know the agreement was created and c, said he would try to get rid of it only because we brought it to light. >> thank you for sharing your investigation and all of that information. >> merry christmas alisyn. the time heroic moments before a man shot dead in a parking lot of a major american shopping mall. >> wait until you hear how much

of your own taxpayer money is spent on projects. shrimp running on a thread mill that was a winner in the past. what will win this it year? something about husbands and wives i hope? romance? >> shrimp on a treadmill. >> tasty. ♪ ♪ [ male announcer ] everyone deserves the gift of all day pain relief. this season, discover aleve. all day pain relief with just two pills. (announcer) scottrade knows our and invest their own way.leve. with scottrade's smart text, i can quickly understand my charts, and spend more time trading.

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it's hard to describe, because you have a numbness, but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions.

tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain. we have 92 te tails. dustin friedland was gunned down trying to protect his wife. he was ordered to hand over his car keys.

he refused to hand over the car keys. yesterday, the police recovered the rover. the search for the suspect is still under way. >> 30 billion in government waste and frivolous spending on the backs of the taxpayer. tom coburn releasing the annual report. doug, what did you find? >> reporter: senator coburn's waste loss bock had 30 billion in frivolous spending, bill. waste when so many complained about sequester cults. >> we have had the defense department and people in the other nondefense discreationary department saying there is nothing else to cut. the fact is, that is not true. >> dod's mind resistant personnel carriers.

2,000 of them are labelled as excess. yet each one of those called 500,000 to build. congress takes a huge hit from coburn for forcing the military to buy transport planes fromitily. forced to buy them for 631 million. and the air force moth balled them in the desert. other agencies are not immune. state department buying fans and follow for the followers. and spending 14 million to serve up fine wines in chicago. the u.s. department of agriculture cut housing for the disabled and subsidized a beach house in hawaii. the cost has been 19 million

thus far and the publicity on marketing twice. that $684 million. republicans do not escape coburn's wrath and singled out majority leader harry reid for lack of appropriations bills in the floor. that is a flaw that escapes congressional over sight. >> if it were not so ridiculous it would make you croi. >> president obama hosting a who's who of tech excutives for healthcare.gov. we'll debate that. >> and a new warning on a budget deal that may hit the veterans hard and in the wallet. >> and the nowest class of rock in roll hall of fame. peter gabiel not the only one on the list. did one of your favorites make the cut? >> favorite? >> no, but good?

>> yeah. >> cuss. my customers can shop around.

but it doesn't usually work that way with health care. with unitedhealthcare, i get information on quality rated doctors, treatment options and cost estimates, so we can ke better health decisions. that's health in numbers. unitedhealthcare. a military helicopter crash nothing southern stap stan. the crash does not appear to be

the work of any forces in afghanistan. >> a major wildfires near big surf. the fire destroyed 15 homes and 500 acre of land. did your band make the cut? >> sure. >> nirvana and halls and oats and kiss. cat stephens and linda rondstat. it will be open to the public and they will be officially inducted. >> about time. >> for linda? >> i love all of them but kiss particularly. >> for nirvana. >> not my favorite but i recognize their genius. >> cheers. we have taken the hit from the statistics of this horrible show. we have 600,000 retired serving in iraq and afghanistan and will

be hit. and i urge every american out there to take notice. if they are coming out of military retired pay, nothing is off limits. >> a warning from an outspoken military wife about the new budget deal. it could cut veterans retirement benefits by 6 billion over ten years and we have a amber here with us. thank you for your time today. the issue is obvious. tell us about your concern. >> the government is breaking their promise to military reteared and family members. when they volunteered and signed up to fight and defend for our nation at all cost, they did so under the notion if they retired at 20 years they would receive a full military retired to enclude cost of living

adjustment. they are having to suffer consequences of government mismanagement. >> amber cuts have to be made. make the case against why veterans and military should be not affected. >> cuts have to be made. but with this deal there is no comprehensive plan to address the debt and deficit long- term. we are on an unsustainable spending path. it doesn't address the spending addiction and dod reform and doesn't address entitlement programs all which we have to have a adult conversation about if we are serious about cutting the debt. we are not seeing. that military members and retired members are an easy target. >> you think they are an easy target. republicans and democrats in congress served in the military. why would you call it an easy

target? >> i would say very few members served in the military these days. it is easy to put them on the chipping on on chipping block. congress may not think it is a significant to them. but an e7 who is 42 years old, that is 3700 a year or a total of 72,000 to the point where they are at 66 years old. >> i understand the point you are making. it looks like this is going to go through. it looks like the votes are there and the president will sign it into law this afternoon. it is called from you a breach of the american trust for our veterans. >> it really is. the fact that they are not grandfathering in current active duty military members is a disgrace. they were promised certain benefits and not everyone in the military retires, but

a percentage do, and when they make the decision to make a career out of the military, they essentially are not being given what they were guaranteed. and there are going to be changes to military retirement. currently the military compensation and retirement and modernization committee and addressing what changes need to be made but under the guyed -- guidelines. the fact they didn't do it with this is unacceptable. >> you make the point and we'll see how the veterans react because of this. >> thank you for your time. >> you like your doctor you will be able to keep your doctor. if you like your health care plan, you will be able to keep your health care plan. if you like your health care plan. you will be able to keep your health care plan period. if you like your insurance plan you will keep. it no one will be able to take

that away from you. it hasn't happen yet and will not happen in the future. >> today president obama holding a summit with the american ceo from facebook, google and yahoo. needing help to fix the obama care website and the nsa court decision coming down today. what will the summit accomplish? john a republican strategist and marjorie former consultant of the time. >> alisyn camerota is waiting for the first question. marjorie starting wu. the summit is confusing. they are not technical gur us and not talking about how to fix the website. why did they call them together. >> it is an interesting thing with nsa and it is important bridge building with

relationships. and it is also to show the public in earnest we are trying to address the issues. in terms of technology expertise, it is like hiring the expensive contractor after you hired the cheap one. it is too late for. that but it is a gesture to say. >> it is middecember. johnathon, when s is this thing going to be solved? >> make it stop! it is an idea they should have had four years ago when they designed. this we know the president knows the value of technology industry and he had them advising his campaign in 2012. he was interested in having them come and revise the election campaign but governoring they are not in the process. he doesn't talk to the senators,

he goes and gives speeches in their congressional district and a way for him to value the optices arizona opposed to go verning. we need him focusing on the details. >> marjorie sounds like it is a window dressing and summit and sends the message we are on top. what does it accomplish? >> in the role of presidency regardless which administration over time tis a move to create a public forum and bridge build and have a conversation and a lot of this happens behind the scenes on the nsa and website. it is an important gesture. it sens a message to the companies and united states. but in terms of the technology of the sight. i am sure they are pulling in

all of the beg dogs and not just big name companies but behind the scopes and the website itself is designed to serve 50,000 people a day. in this case, it is looking at 50,000 at a begin moment. with nsa and public and private partnership an important step. >> i wonder if he listens? i wonder. >> here is the thing, bill. we are talking about more than mismanagement of an it issue. it is personnel management we found out the head of the exchange went on a vacation to costa rica during the roll out. it is inconceivable that the person in charge of the roll out is on the beach. people who think they sewned up that are not in the system at all. wall street journal telling us

deductibles going up 42 percent. and i think the worse is yet to come. >> is it possible it is about the nsa surveillance program which these companies don't want to be a part of? >> it is on bothens. this policy is affecting the companies. frankly it will affect employees less than the individual or small business owners. but again, there is a lot of the issues. the shadows of the year past and a lot to be done. we need bridge building between the public and private sectors. it is pivotal. >> good luck for that, marge row and johnathon thanks. >> on the nsa, the federal judge delivered a blow to the nsa. >> what it means to the future of the spy agency and the security in the u.s. and the head of the nsa insists that the

program has saved lives. >> in recent years, these programs together with other enteleigence protected the u.s. and allies from terrorist threats cross the globe to prevent potential terrorist evens over 50 times since 9/11.

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>> good news on the housing market. national association of home builders reporting builder confidence jumped to the highest level in years due in part to the recent growth in the job market and low mart gage rates. experts say that is important because each new home built creates three jobs a year and generates 90,000 in tax revenue. >> time to check with gretchen. what is up? >> hi, guys, can the house of representative sow the president?

29 members planning on. that and a bear mauls a girl while out walking with her dad and petta tells her to put herself in the bears place and stop hunting. >> and a bock pulled from the shelves on the real story in the top of the hour. >> thank you, see you then. thank you gretchen. a federal judge handing down a ruling on the nsa collection of phone records. that judge postponed a final resolution giving the obama administration several months to a pole. casy is here. what do you think of the judge's decision that the nsa doing unconstitutional? >> i can't comment on the constitution constitutionality. i met with the head of nsa and he talked about this.

and we are trying to protect america and keep america safe. 15, what are you doing? they are not listening in on conversation. they are making note of who calls whom. and so i call you and you call bill and then i also call somebody who is on a terrorist watch list. they may come back to my conversation with you. and say letty so if she is talking to ally about terrorist activity. they are only looking at 200 people right now in the united states. >> but wasn't it interesting that the judge in this case concluded in a 68 page opinion. the government did not cite a single incident in which it stopped an imminent terrorist threat and that is different than what the head of the nsa said. >> we don't know because they are secret. i have come full circle.

when it broke that the nsa is keeping phone records. they are only doing their job and i will not believe the critics who say it is an abusive power. but after seeing the breadth and scope of what the nsa is collecting and only the fact that i called you and you called bill. in the future, are they collecting our content? with the abuses of government irs going after conservative groups and what is to prevent the abuse of power and future leaders decide i want to know what my political oppons are saying to each other. >> the catalyst for all of this is edward snowden. and he offered to help brazil to help with the nsa to get asylum.

>> he thinks he is a hero because the judges rowelled this. he's going to brazil and we know that the nsa listened in the phone conferrings of the brazil. i am not sure anyone wants him. one of the senior russian leaders we talked about on snowden, you guys made a lot out of snowden. we didn't want to keep him either. but the fact you made a big deal out of this made us answer back. maybe it is right or not right. but the fact of the matter is, snowden is in moscow and probably a cold winter for him. >> on a separate note. what do you make of dennis rodman returning to north korea again? >> dennis rodman probably knows more about the leader of the 30-year-old leader of north korea. what we ought to do.

put the nsa to work. make sure they are listening in on the conversations that dennis rodman is having with kim jong-un. >> if you had a magical ear pose in his head, what would you want him to ask the leader of north korea? >> mr. kim jong-un, are you also talking to the iranians about the nuclear program or chinese or anybody or are you just busy executing all of your political oppons and even the uncle who put you in power? >> maybe dennis rodman is listening. >> thank you. >> think about the point? rodman having more face-to-face contact than anybody. >> putting the wrong pedal to the floor. sent the driver crashing through a store window, did you so that? >> megamillion jackpot is $700 million.

how would you spend all of the dough. >> getting everything paid off. i like to travel and i wouldn't mind going somewhere warm like hawaii or the bahamas. i am ready for warmer weather already.

. . . . . . . . . . .

♪ for auld lang syne >> where will you be on new year's eve this year? >> we start at 11:00 eastern time. on the fox news channel.

>> on a day like this it seems like it is not going to be great. i have done it half a dozen times and it is thrilling. >> it is really thrilling. f mega millions fever. the jackpot soaring to $636 million in just the last few hours. jonathan has his tickets. what are you doing? >> i got one ticket. the chances of me winning are one in 259 million. take a listen. >> might as well. it is a guarantee if i don't buy i won't win. >> if you feeling lucky today? >> feeling lucky every day but today may be the biggest one.

>> it keeps rolling over and getting bigger and that seeming to fuel player's dreams listen. >> i have a son who is recovering from aticutism. i would open up a facility for kids. i believe they can be recovered. big dreams. >> the woman says that she has not played any lottery in ten years. but the joackpot is what brough her in today. >> that is what i have heard. nicely done. >> maybe we head to an all-time record and nobody wins. you are going to split it with me when you win >> i'm sorry what? >> sit not too late to be heard. what is the biggest thing that you have wasted your money on? >> get creative. your best tweet is next.

>> this afternoon. >> me too. >> yes. >> buy me one. if i don't see you tomorrow. i'll know what happened. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is! and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks.

what?

♪ if you got the money honey i got the time ♪ >> we asked what is the biggest thing you wasted money on. >> you answered. jim tells us local auto motive racing. >> my ex-husband. >> robert tells us my kids and i would do it all over again. >> a big tv to watch you and hemmer. >> that is so wonderful. >> today is a special day. >> way want to say a big happy birthday to our own jennifer rivera. this was jennifer when she was little. have you ever seen anything cuter and now here is jennifer all grown up. >> well done.

>> we could not no this show without her. >> and her nickname is radar and she all says seems to be there. thank you for watching. i'm alison. >> i'm bill. >> happy birthday. jen. gretchen carlson. the real story starts right now. >> we start with the fox news alert. hi everyone. welcome to the real story. the obama care fixer is moving on up. the hhs adviser leaving his post for another role in this administration and word that he will be replaced by former microsoft exec. as the president meets with the problems plaguing healthcare.gov once and for all.