>> hi, everyone. great to have you here. this is a brand new hour inside of america's news headquarters. >> good morning, everyone. i'm eric shawn. topping the news on this special christmas sunday, hope for peace from the vatican. pope benedict praying for peace around the world during a traditional christmas day mass. >> and believe it or not, it is still not too late to squeeze in some holiday shopping. at least not on line. retailers are hoping that last minute offers can reel in shoppers at least on the web. >> and "home for the holidays" cameras rolling as the military dad makes it back to his family

just in time for christmas. >> but first, one of our top stories today, a deadly day of terrorism is unfolding in west africa. there have been a series of explosions across nigeria targeting at least two churches on this christmas day. reports of nearly three dozen people dead so far. live in our newsroom in new york with the very latest. what have we learned? >> a radical muslim group which loosely translated means western education is sinful has claimed responsibility for the five christmas day attacks targeting churches. analysts say the nigeria group is modelled after the taliban movement in afghanistan. the most deadly blast occurred outside st. theresa's catholic church. at least 30 bodies have been recovered. according to one person at the scene, mass had just ended and cars were in flames and bodies were everywhere. a second explosion took place at a church located in an area dividing nigeria he's

predominantly spencer christich and the north. they opened fire on police that guarded the site. the group that claimed to implement the attack, want to implement sharia law. they consider anybody not accepting the ideology to be an infidel and during the last year, the group has claimed responsibility for a number of other attacks including last month, they killed people, and a car bomb that targeted the country headquarters that killed a dozen. they have claimed 459 lives so far. there is growing fear that it's trying to ignite sectarian war. the vatican condemned the latest attack saying "we are close to the suffering of the nigeria church and people so tried by violence while these days it should be of joy and peace." the u.s. embassy in nigeria issued a warning two days ago

telling americans to be particularly vigilant around churches and places where foreigners congregate. some u.s. lawmakers have called for the state department to designate them a terrorist graup. >> david lee miller live in our newsroom. thanks. >> the bombings in nigeria that target the churches coming as pope benedict delivers a christmas day message of peace. thousands packed st. peter's square to hear of the pontiff. he called for an end to the bloodshed in syria and prayed that god would help the israelis and palestinians resume talks. the 84-year-old pontiff making the remarks after a late night christmas eve mass. greg burke is standing live from rome with the very latest. hi, greg. >> hi, eric. merry christmas. you know that's right. for the pope, christmas is like a double-header. there's that mass on christmas eve and then a very big day christmas day. the message and the blessings from the balcony over st. peter's square with lots of people showing up. the pope's message today was really quite simple.

let's pray for peace, be close to those who are suffering, either through violence or through natural disasters. the pope spoke about the violence, and also praying that the israelis and palestinians could get dialogue started again. pope benedict also praying asking for stability in iraq and afghanistan. there was absolutely an overflow crowd in st. peter's square as there always is on this day but, perhaps, especially today because the weather was so good. amazing just a number of flags you see there as the pope gave his greeting in so many languages. you'd hear him say merry christmas in korean and the group of koreans would be there shouting and it was like that the entire time. very, very interested in showing how universal it is and what a draw rome and the vatican are but christmas actually kicked off last night in st. peter's basilica with the christmas eve mass, a very, very solemn mass. it was very interesting that the pope was talking about saying

watch out for glitter or go beyond the glitter to find the true light and the true joy of christmas. he says watch out that it can be overly commercial, the bright lights can block out or hide god's mystery. and finally, eric, the pope, as you mentioned is 84. he'll be 85 in april. seems to be holding up pretty well. i was talking to somebody who follows the pope pretty closely and she says at the end of it, he looked tired but happy. >> thank you, greg. merry christmas. >> procrastinating shoppers, maybe they'll learn their lessons this year but they are getting a reprieve. some of the stores are staying open around the clock. well, they want to cash in on those waiting for the last minute to finish off their gift list. maybe it's even a good day it make a return. let's find out, casey stegall live in los angeles. did you get anything you're taking back, casey? >> no, jamie, i'm happy with all my purchases. that must be worst, standing in line, don't you think to make the returns and the exchanges

so, you know, consumers are spending a lot of money this year. $470 billion is how much americans were expected to shell out for the holiday shopping season. that is up about 7% from this time last year according to some analysts. those same analysts say it's because of lower unemployment numbers, deep discounts and consumer confidence being on the rise. but while the overall numbers look promising now, some of the economists warn it is not necessarily a benchmark for the new year and retailers cannot get too excited just yet. >> i think the consumer is still very nervous. we have an election year coming up. we have a major deficit problem to deal with. and i think until there's some certainty of where the country is going economically, i think there's going to be a holdback by the consumer. >> now, where businesses saw a big boost this year, on-line sales. hot web only deals and free

shipping from some retailers, enough to draw people to their computers and spend in a big way. e commerce has risen 15% this year. compared to last and while most of the stores are closed on this christmas day, obviously, the internet is still open for business. some stores, in fact, are offering special deals just for people who log on today in an effort to capture some more of those last minute profits. jamie? >> all right, casey, thanks for the latest. >> yep. >> and president obama spending christmas in hawaii with the first family. he spent part of christmas eve playing a little golf. hitting the links with some old friends and members of the white house staff. doug lazader is traveling with the president and joins us live from honolulu. good morning. we're now -- the sun is up in hawaii. we can see. have we heard anything from the president yet this christmas morning? >> good morning, eric and merry christmas. nothing yet. as you mentioned, it still is

pretty early here. typically the president and first lady go visit a local marine base here to visit with service members. that's always a possibility. we'll find out a little bit more later in the day. the obamas are spending their christmas morning otherwise in their rental vacation home here on the island, same part much town they've been in for a number of years now. locals here know what to expect. tourists on the islands are hoping to catch a glimpse. >> i think they need their time off to relax just like what we are. >> i'd love to see him, though. if he'd invited me for dinner, i'd go. >> and why not? it's probably a pretty exclusive invitation list today at the obamas. we'll learn some more details about that dinner later on. eric? >> doug, we understand that last night, the first lady spent some time doing what a lot of families do, tracking santa. >> yeah, tracking santa with every technological tool available. every year, norad tracks santa as he makes his way across the

globe and they have a volunteer phone bank from people who field phone calls from people and their parents to let them know about santa's progress. the white house released a photograph of first lady michelle obama helping field some of those calls from here in hawaii. she spoke to a number of kids and their parents reminding the kids that that crucial rule that you have to be asleep before santa actually visits your home and, of course, kids in hawaii, many of them are just now waking up experiencing christmas. eric? >> doug, we got a fox news alert. according to noradsanta.org, santa has come back to see him fly again. thanks, doug. >> thanks. >> jamie? >> with all combat troops out of iraq, many happy homecomings are happening around the country. a lot of our soldiers and other service men and women got home and they didn't even know that they would in time for christmas. it was certainly the case when the navy's yellow jackets squadron returned to their base in washington. jack riddle was there.

>> no, i'm excited! that's why i'm shivering! >> the anticipation canceled out the cold temperatures. >> i got butterflies in your stomach like a first date times 1,000. >> come on! >> military families and friends awaited an early christmas gift. >> it's the best christmas present we could have hoped for. >> tonight, the last men and women from the yellow jackets squadron serving from iraq returned home. naval air station at the island. >> yes! yes! >> yellow jackets are an electronic attack squadron and nick's dad flies with them and why they waited on the tarmac, the 9-year-old and his sisters make plans. >> i think go faster daesh>> and his dad in one of four ea-18 growlers flew in formation over the airfield. >> that's daddy! that was daddy! that was daddy, mommy! >> the yellowjackets deployed in may. the growlers are the headlineers in this squadron.

they have the ability to jam radars and protect troops in combat. they were doing that in iraq until the war ended last week. now, seven months after they left, they have this to look forward to. >> i'll run as fast as i can. i'll be like daddy! >> nick lived up to his word. >> daddy! >> hey, buddy. >> these sailors got the hero's welcome they deserve. >> i love you! >> returning to the arms of their loved ones. >> just in time for christmas. >> just in time! >> always nice to come home before christmas and spend time with the family. we worked hard to make sure that happened and we're here so it's a good day,ic, for everybody. >> and the holiday season, a little boy who loves his dad will never forget. >> the best christmas ever. i've ever had. >> love that! we got to thank all those who serve and also jake ridel from kcpq for that reporting oochlth auto isn't that fabulous?

>> holiday travelers are enjoying a beautiful holiday weather condition across much of the country today. in fact, it's the great lakes that seems to be one of the only areas that is expected to see a white christmas. snow expected to fall through the night there. the decent weather helping many families reunite this christmas season like this little boy in this picture, take a look. this was sent to us by his mom, his name is garrett. garrett is there waiting for his father at the airport. his dad is captain eric who is returning for a little r&r after his second deployment to iraq. send us your photos and videos. you can upload them on a web site. on this christmas day, we honor and remember and thank all of our troops who are out there on this very special day. >> well, our voter fraud unit is at it again after serious allegations of voter fraud in the hoosier state. the latest on the investigation of residential petitions in indiana that were allegedly forged to get the president and

hillary clinton on the ballot. and why a judge says indiana's republican secretary of state has to give his job to the man he beat. >> we'll have that in a moment. and take a look, this may look like your average christmas tree. but it can be deceiving. >> just another example of political correctness gone crazy. it's just this whole agenda that is just trying to destroy everything that is tradition, traditional about america. >> underneath that tree, look at it go, is a man with a plan. what's got him so fired? coming up next. but first, this special christmas message from our troops. >> this is pfc john ioni serving with charlie battery 24 in northern afghanistan. i want to wish my beautiful wife kristina, my mother linda, my father scott and my brother bill

in saratoga springs, new york, a merry christmas. i love you guys and i'll be seeing you soon. [ male announcer ] it's simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually se arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammatio plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. a celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naen, and melocam have the same cardiovascar warning. they all may increase the chance of heart attack or stroke, which can lead to death.

this chance increases if you have heart dease or risk factors such as high blo pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach anintestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. do not take celebrex if you'v had an asthma attack, hives, oother allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money.

[ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ]

>> now to the fox news voter fraud unit. what is going on in indiana? the investigation into those alleged forged petitions for the democrat presidential primary in 2008 continues. it's been reported there were so many signatures on petitions that put president obama and hillary clinton on the ballot in the last election there were fakes that the president may not have legally qualified for the primary ballot in indiana in

2008. that criminal investigation is being investigated by st. joseph prosecutor mike devorick under way and all this comes as a judge ruled that the state secretary of state, republican charlie white should be bounced from office. white is accused of voter fraud for allegedly voting from his ex-wife's house. he faces trial next month. the state's bipartisan recount commission, though, has backed his election but a county judge says he's got to give his job to the democrat he lost. that now under appeal. a few weeks ago, mr. white told us he did not do anything wrong. >> one thing that i was very happy about is once it came out, i received a unanimous vote in support of my possession from the indiana recount commission to say that everything i did was legal and i made the right choices but it's based upon the same laws, the same legal precedent everybody else follows. >> accusations of voter fraud

in the heartland? with us with more on all this, from indiana on the phone is a former democratic county chairman and general counsel to the indiana democratic party and in the studio is an indiana republic analyst who joins us. welcome on this christmas day. thank you so much. didi, let me start with you? what's going on? the secretary of state, his job hanging in the balance and facing a trial and you have this other petition scandal up north. >> yeah. first, eric, thank you for what you're doing with your voter fraud unit and i really think nationally we should do this in all the other states. we should have a voter fraud unit in every secretary state's office. problem with voter fraud is the enforcement because it goes on a county level, county prosecutors have rape, they have murders and traffic violations and everything to deal with so we really have to get a hold on the enforcement and right now, we have this patchwork nationally

in every state which is different so it's very confusing and actually, indiana has lax residency laws. several other elected officials have enjoyed this and now it seems like they're pouncing on charlie white and the elections commission already ruled he is eligible and all of a sudden, when he comes to st. joe county, we have a liberal judge in the county where his opposition lived say, you know what? i don't think he is eligible. my gosh, merry christmas to charlie. that's unfortunate because the election committee that ruled he was bipartisan said he was ineligible. we need the voter fraud unit and all the states to get it figured out. >> that means they'll have to visit all 50 states. you're in the studio and hard to get one on christmas day. charlie white faces a felony trial next month. >> first off. seasons greetings from northwest indiana, eric.

i want you to know i'm pleased to report even though we didn't get snow here, santa did arrive on time and he made his deliveries throughout indiana. i'm not sure what didi got in her stocking but i know she's been selectively indignant about election issues. charlie white faces serious issues with this pending criminal case and now with the ruling from a marion circuit court judge. >> what do you think will happen? >> it will be interesting, the issue is now on appeal but the marion circuit court judge has ruled that, in fact, charlie white wasn't eligible to serve. he wasn't eligible to run. and the questions over his residency are significant enough that in fact, the elections should go to the democrat who got the second highest number of votes in the election. >> he's pointed out that other candidates, evan bayh, for example, former senator, he lives in washington and votes in indiana. you know, mitt romney voted for a while out of his son's basement in massachusetts.

you know, how -- and didi is saying, you know, count these -- it's all kind of selective. they have all different laws around the country and everything seems to be different sometimes. >> well, we had a state supreme court ruling that evan bayh was eligible to run. charlie white misrepresented where he lived and he was still collecting salary as a town board member in fishers, i understand. that's the rub. >> you don't need that. they haven't had the trial and anybody can be accused of anything. that's unfair. to say that bob vasilly, he came in second. yeah, charlie white won 88 out of 92 counties overwhelmingly. hoosier state voted for charlie white. he deserves a break. he deserves a chance and his day in court. and to not have this liberal judge say let's throw it out. election commission doesn't matter. >> you know what, but didi disagrees with the judge because the ruling, the judge is a long time judge in marion county. >> the same county that he resides in and he's a democrat

judge. >> let me switch to the time we have left to a national issue and that's the 2008 presidential petitions. shaw, these went through the st. joseph county election board. allegedly forged. how could this happen and what do you think will happen in that investigation? >> well, the county prosecutor continues to investigate those signatures but i would note, eric, we've had a history of long time history in this state where the petition signatures you use as a valid way to try to gauge whether a presidential or state candidate has sufficient support. they need 500 signatures per congressional district. on whole, that's worked pretty well. we have a situation where it appears to be an isolated amateurish issue where it's occurred. >> it's not isolated. we have this problem all over country definitely right now in our state, republican chairman is doing a great job checking into this. and you need 500 signatures.

he only got 534 and what, 100 or so can be questioned. he very well could not have been eligible. that's a big problem and the big, big issue is oh, it's ok for charlie but not ok for this person. it's ok in this county but this signature isn't right. it's crazy. thanks to secretary of state or former secretary of state rakita who is now a congressman. he did put in the voter i.d. law which now in south carolina their states are fighting it. how in the world can you not have voter i.d. when you have to have voter i.d. to go to blockbuster and otherwise. thank you again, eric shawn. voter fraud is a problem in our country right now and we've got to get it straightened out. and the bad thing is we've got to make sure that it's settled and it is not easy to cheat because it is happening. fraud is there. and people want to shove it under the rug. i'm sorry, we have to shine light on this and fix it. >> no desire to shove it under the rug. in fact, a couple of democratic

state legislators will be introducing legislation to require the bearer of a petition signature to attest she gathered the signatures. no, i think you're going to see movement to make sure even the isolated instances of fraud don't occur. >> shaw, that's something we can work together on as hoosiers, republican and democrat hoosiers that get this straightened out. >> let's do it. >> all right. >> bipartisanship in the voter fraud beat. >> christmas spirit. >> exactly. >> shaw friedman, thanks so much for joining us and didi, thank you. we'll keep on that story and we're keeping on this indiana story in terms of the investigation. >> thank you for your work, eric. >> take care. >> absolutely. thank you so much. reaction to voter fraud allegations, wherever they are around the country no matter what party they are involved with, coming into fox news. here's an example of just three. e-mails from some of our viewers. kathy who is in south bend, indiana wrote this is absurd. we all know this is not an isolated case. look at acorn, she says, it's pathetic and this is from pat in

south carolina where that voter i.d. law is so controversial. it does not take a rocket scientist to see that signatures on these petitions are by the same person. i think all petitions for each state's primary should be checked for voter fraud. it shouldn't have taken three years to find this out. from new york, how do we have confidence on our laws and procedures? fox is the only one talking about this. if you suspect voter election fraud or hanky-panky, tell us. voter fraud at foxnews.com is our address. voter fraud at foxnews.com and we read every single e-mail and we're acting on a lot of them. >> the little town of bethlehem battered by pouring rains and harsh winds this christmas day but it doesn't stop the faithful from attending christmas mass in the ancient church that marked the traditional birthplace of jesus. there are crowds of worshippers

said to be the largest in more than a decade including leland vittert with the story from bethlehem. >> merry christmas, jamie, from high above mangers square in bethlehem. it was a very cold, very wet but nonetheless a beautiful christmas here and the weather just didn't deter anyone from making the trek on the little road to bethlehem as people from all over the world came to celebrate a very unique christmas. >> in the church built upon the grotto of jesus' birth, christmas has a special meaning. just ask those at the morning service in bethlehem. >> it's really cool this place still exists, you know, people can come here and they can worship and meet their lord here. it's great. >> even the driving and cold rain cannot dampen the christmas spirit. manger's square is packed. we've got christmas karms blasting in arabic and this is what everybody comes for. this here is the church of the nativity and right through the sea of people, you see a tiny

little entrance and that's where you crouch down, and get to see where the bible says jesus was born more than two millenia ago. a lot of people walk out saying they're a changed person. lots of folks say you got to remember your love of humanity because you're pushing and shoving to get in there. but if you can take a moment and just close your eyes and be here for what it is, it's wonderful. >> about 90,000 faithful will visit the holy land this christmas season. but only a lucky few get tickets for midnight mass. where under heavy security, the patriarch declares the birth of christ and start of christmas. outside in manger's square, kris -- christmas carols blast in arabic where it looks hike a street party. everything is selling, popular items when a cold rain begins to fall. it's impossible to wash out the christmas spirit. >> didn't expect to see so much christmas spirit in a muslim country here and it's fantastic. everyone has been friendly and warm.

>> while manger's square behind me is decorated beautifully and the celebration is unlike any other, there's an underlying tension here as palestinian christians become a smaller and smaller minority. last night, the patriarch prayed for help. jamie, back to you. >> leland vittert reporting to us from bethlehem. beautiful scene there. >> absolutely. some families, though, are dealing with a major void in their hearts on this holiday season. family and friends of missing ayla reynolds, they want her to come home safely. the latest in this search for the missing 2-year-old. >> we're also going to take a look at a young man's death allegedly the result of a violent hazing that happened on the university campus. how does something like that happen? what do we need to do about it to keep our kids safe? our legal panel weighs in next. >> that really hurt. it really hurt to know that people would do that to somebody. especially because of the kind of person robert was. it's obvious things are so

hushed and quiet this secrecy. oh, yeah. it definitely hurts. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! urney across america, i've learned that when you ask someone in texas if they want "big" savings on car insurance, it's a bit like asking if they want a big hat... ...'scuse me... ...or a big steak... ...or big hair... i think we have our answer. geico. fifteen minutes could save you fifteen percent or more on car insurance.

>> it's the bottom of the hour, time for the top of the news. 35 people are dead following a series of bombings in nigeria that targeted churches. a radical muslim group taking responsibility for the attacks. one bomb exploded inside a christmas church during christmas mass. and bomb blasts that killed at least 19 people attending a funeral in afghanistan. that comes after security forces reportedly killed 30 suspected surges in operations there across the country. pope benedict 16th addressing thousands of hurricane katrinas -- catholics in st. peter's square today. asking for world peace during the annual christmas message. >> police in maine still working

through the holiday trying to find a missing toddler. her name is ayla reynolds. she's 20 months old and it's in the second week, the search is. her father reported her missing 10 to 12 hours after putting her to bed, he says, and she had been living with him while the mother spent time in rehab to deal with substance abuse. according to authorities. let's bring in our legal panel to find out what the next step will be in this case. first of all, defense attorney and former prosecutor joey jackson and doug burns, also a defense attorney and former prosecutor. i don't know which side of this case to give both of you. we could do it all. you first, what do investigators do at this point? they say they have more than 200 tips. >> they have to follow the tips. but more importantly, they have to put together a very detailed timeline of exactly what happened. what's interesting, jamie is there were other people in the house that night. it was his childhood home. he came back to the middle of maine and there were four or five people in the house so they want to really interview those people and put together the timeline and real quick, you

have the big back story, big, big custody battle going on and she had petitioned a court the day before for custody. because when the child was taken away from her when she was in rehab but then went to the husband. they'll look at that, too. >> joey, these cases are complicated and time is certainly of the essence. are the families looked at first and primary? do you think they're investigating other leads and other folks as well? >> yes and yes. doug, you're absolutely right. i think those should be 100% followed into. the family has to be looked at her. here's what i don't buy. very complex case. all our hearts go out for them. the holidays, 20-month-old, how can you imagine this occurring? but when you have a family dispute where there's a custody battle as doug raises. in addition to that, you have frosty relations to begin with between the husband and between the wife and you have several people who are in the home at the time, it begs the question, was this merely a coincidence or was there something else here that was amiss? are there family members trying to hide her?

the police will look into all that, jamie, in addition to what they're doing now. they've been draining lakes and they've been doing grid by grid searches and going door to door. all that is explored in an effort to bring this girl home. >> it seems like the police work is extensive. as we look at them doing the searches, what is it with the babies disappearing in the middle of the night sf and the parents saying i put the baby to bed and all of a sudden, i woke up and the baby is gone. doesn't anybody leave the door open? was there evidence of foul play here? >> interesting thing, though, is that after our specialists will tell you and i heard this earlier today, only something like 110 children were abducted by a stranger last year. that's a relatively low number so i agree with joey which is the back story is highly relevant here. i'm hoping, you try to figure out the case, this one is hard. i'm hoping maybe the grandmother has her somewhere and the result of the dispute. hard to say. >> we put up her picture.

if anyone has information no matter where you live, you can call 911 and give information anonymously on ayla reynolds. >> this other topic disturbs me. we talk a lot about bullying but how about hazing? this went on at florida a&m university. it was a band member that died after a hazing incident, something they do from time to time. they have the student walk down the bus and i have the name for it, actually, i never heard it before and what happens is it's called crossing bus c. this particular band member walked down the aisle of the bus and they're beaten until they get to the back of the bus. the autopsy reports, two of them are really disturbing. >> tough stuff, it really is. look, i don't want to be a kill joy. there's nothing wrong with a little college fund. they have some fun and maybe you put on a funny hat and you walk around and you haze someone that way. when it rises to the level that it's been rising to where someone is beaten to a pulp and the autopsy report shows

significant muscle damage here. you describe crossing bus c, as he's going to the back of the bus, he's getting hit everywhere. that's unacceptable and inappropriate. there's other issues of hazing and i don't want to limit it to florida in this instance. they're everywhere. we're talking about it now where people are drinking too much alcohol and being sexually abused. it's got to stop. >> what about the law? are there not laws protecting against hazing? >> i think they will and doug could address that. here's my bigger point. doug will address the bigger point. it's the culture of this. you can have laws and policies and regulations. when there's a culture of acceptability of this, this is a right of passage, that we'll do this as a matter of course, it's going to continue and the risks are going to be taken. it's very unfortunate and it has to stop. >> there was an article in "the new york times" about hazing at west point saying this evil has to stop. the problem goes back quite far. as far as the law of criminal and civil. criminally there are felony statutes that say obviously if

you beat somebody but they come under the regular umbrella of assault, etc. can the university or college be held liable or responsible and the law apparently, you studied a little bit went from where the school really was responsible to less of a no duty standard because the children doing this are themselves adults. so the law is on the civil side. a little bit. >> if this university doesn't take steps and what steps could they take? after this incident happens, do the civil obligations of the university increase? >> i'm glad you asked that. >> after the fact. >> i'm glad you mentioned that. in florida, there's three statutes that make it mandatory to have a hazing policy. and there are penalties for not having it and then the statute also says and also can violate criminal statutes. >> absolutely. to your point, what you're talking about is notice, now that everybody is on notice to this occurrence, now it has to be protected and measures in place to prevent its occurrence and to the extent that it

continues, it represents a problem civilly as well as criminally without a doubt. >> joey jackson and doug burns, i got to put my consumer advocate hat on and warn parents they should find out if a university they're considering has a no hazing policy. >> 100%. >> thanks, guys. >> merry christmas. >> happy holidays. >> so sad for this family. >> white christmas, jingle bells, christmas standards that have been joined by a new place that you are. it's topping the singles charts in great britain and taking the coveted christmas number one spot. amy kellogg has this heartwarming story from london. >> in an otherwise rather grim retail season, there's been a nice surprise. the military wives choir is breaking recor. >> the song, "wherever you are" is the year's fast he is selling single in britain. it's based on letters written to the front. these spouses of troops who served in afghanistan have said it's tough to sing the song without being overcome with

emotion. >> put the show on the other foot and now they have things to -->> the proceeds will go to the royal british legion and the soldiers, sailors, airmen and families association and even the chancellor has allowed the tax of the sales to go to the charities. >> so as much as possible of the money spent by the public goes to those charities helping armed forces and their families this christmas. >> i think this single has come at a time where we're thinking about being there for 10 years and the feeling at the moment, it really is positive in the country and we're behind the incredible sacrifices that they've made over the last 10 years. >> these women's husbands are home now, so they're singing with others in mind. all those families separated by war and other circumstances. this holiday season. in london, amy kellogg, fox news. >> just fabulous. that song again is called "wherever you are."

and i'm sure you can download it and you can hear it, too. >> great. all right, business news now, the dow heading into the holiday weekend on a win streak. we loved it. it was in positive territory. the question is whether it will continue for a better 2012? we'll take a look at that coming up. plus, nasa astronauts hitching a ride to the international space station. you know the shuttle program retired. we'll show you a look inside the russian rocket. how they got there. >> this is first class ben coming to you from glamorous kandahar, afghanistan. i want to wish all my friends and family back home a happy hanukkah. merry christmas. and a happy, safe, prosperous and peaceful new year. and to my nephews, ben and jake, may the force be with you. >> always. [ male announcer ] what can you do with plain white rice?

when you pour chunky beef with country vegetables soup over it... you can do dinner. four minutes, around four bucks. campbels chunky. it's amazing what soup can do. see? he's taking his vitamins. new one a day vitacraves plus omega-3 dha is a complete multivitamin for adults. plus an excellent source of omega-3 dha in a great tasting gummy. one a day, gummies for grown-ups. ♪ with quarter inch holes and blueprints for the coming year? those of us with doers on our lists. and because it's always better to give than to guess, we can take these last few days of shopping and our holiday budgets a lot further. ♪ more saving. more doing. that's the power of the home depot. there's still time to give a new project or two. pick up your home depot gift cards onliner instore.

>> you know, the dow surged to a five month high on friday. up more than 124 points at the closing bell. could this be a sign that we're beginning to be on the verge of an economic turn around that stocks will go further up in the new year? joining us is investment advisor derek kapbaum, president of kapbaum management. this is what the stock market has been doing, like this all year and then it goes up like this on friday. 1%. what do you think is going to happen in the new year? >> i'm going to give you the good news and a little bit of bad. the dow is 30 stocks and the other major indices, the nasdaq, new york stock exchange are down. i think we'll have an average year next year. i don't think the end of the world is coming like a lot of people said in the middle of the year. but my big worry going forward is one word and that's debt.

you've had problems with europe because of it. i'm worried one day the market will wake up and recognize it. i hope it doesn't. >> you know, we keep talking about this and we had the issues with the payroll tax or the issues with the super committee. didn't reach an agreement and that, you know, sends shock waves through wall street. so what would one expect that could potentially change before the election? >> i don't think anything, you know, now in that election year so i think you're going to see most politicians sitting on their hands and not do much after this payroll tax thing got done. but the other good news also, i think the economy is ok. i don't think the end of the world is here, as i said, and i think believe it or not, for a change, i think the worst of housing is over for right now. i don't think we have a big housing boom but i think the bust is getting close here and that's what's really killed the markets and the economy over the last few years so i think that could be a bit of good news going forward. >> yeah, there are indications that the economy is getting better. unemployment is down although it's still 25 million or so americans still unemployed.

you've got other stocks going up. what should we look out for? what can we look out for at the end of the new year other than sitting tight? >> if things stay quiet, i think we're going to have a good market. and when i say good, i think maybe high single digits. what i mean by the word quiet, if we keep hearing about interest rates in italy and spain and greece skyrocketing and all of a sudden our interest rates start to spike because of our debt, then i think markets are going to be in trouble. corporate america is in good shape. i think the average american, we work real hard. if washington can stay out of the way, i think we'll do ok. >> so your quick advice to investors? >> stay the course. i do like big cap stocks right now. believe it or not, things like mcdonald's and home depot are leading the market. growth is not really working right now so i'd go towards more value and big cap and i think you'll be ok. >> all right, it's been some roller coaster for everybody. >> big time. >> sit tight. >> thanks so much for joining us.

and hopefully it will be -- it will be ok this next year. take care. jamie? >> here's something you don't see every day. a walking, talking christmas tree. i know that it caught my attention, what would compel someone to leave their home this time of year and put up on this get up? he said he had a really good reason. you'll meet the man behind the tinsel here live next. my name's jeff. i'm a dad, coach... and i quit smoking with chantix. knowing that i could smoke during the first week was really important to me. [ male announcer ] along with support, chantix is proven to help people quit smoking. chantix reduced my urge to smoke -- and personally that's what i knew i needed. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop taking chantix and call your doctor right away. tell your doctor about any history of depression

or other mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if youevelop these, stop taking chantix and see your doctor right away as some can be life-threatening. if you have a history of heart or blood vessel problems, tell your doctor if you have new or worse symptoms. get medical help right away if you have symptoms of a heart attack. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. these are the reasons i quit smoking. [ male announcer ] ask your doctor if chantix is right for you.

>> imagine a walking, talking christmas tree. creating quite a stir it did at the staten island furrierry terl here in new york city. check it out.

who's inside there? the guy in the costume, what's his message? self-proclaimed political artist scott lebado joins us live in the studio. i had to meet you because i saw the video at the terminal. why did you do this, scott? >> listen, it's this tidal wave of political correctness that's destroying everything traditional about america that is sweeping in the nation and i as an artist and a patriot is against it, i think it's horrible and it's hurting this country and this is another example that the department of transportation besides the many years we've had christmas and hanukkah decorations they're not going to do it. it's -- we might get lawsuits. safety issues. and i know that's a crock. so i said i'm bringing a christmas tree there. >> how did you get around the rules? because the department of transportation, you said, said no decorations this year and you got in the building, you were able to walk arnold. >> part of being an artist is not just to paint well or sculpt well, you have to be able to display it, your art in the

proper way and i went around and called my attorney and my friend is my defense attorney and i said is this the right thing to do? he said absolutely. i'm mobile. i'm wearing a suit. i'm wearing a jacket. this is what i'm wearing today. this is what i decided to wear today. so they couldn't do anything. >> what was the reaction of the folks at the terminal? >> exactly the way it went supposed to be. just when christmas decorations and holiday is there, everybody smiled. everyone laughed. a little extra, i guess, because the christmas tree jumped up and started following people around and saying merry christmas but people said merry christmas. that's the problem. everybody is afraid to say merry christmas, god bless america. let's not be afraid of this. captain perry said it best in the battle of lake erie, don't give up the ship and we cannot give up the ship. there's a battle going on here in america, you know, we have enemies abroad and god bless and welcome home to all our troops. but this is a battle we have right here. use my gift of -- >> we appreciate it. i got to tell you, you build a heck of a tree. so merry christmas to you and thanks for telling us your

story. i wonder if they'll reconsider the policy next year now. >> if not, i'll be back again next year. >> all right. >> fair warning. >> walking around. >> merry christmas. >> you know what happens in this country when christmas trees need a defense attorney. how about that fact? >> good point. >> coming up, hitching a ride to the stars. get the technology they love, on the network they deserve.

and video chat with up to 9 of your friends with the galaxy nexus by samsung, or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon.

we got to hitch rides with the russians now that nasa's shuttle fleet is retired.

the u.s. space program is relying on russian astronauts to take astronauts to and from the space station. >> this is how nasa astronauts travel to and from the international space station. the russian soyuez has carried astronauts into space for years but now it is the only way to get there. >> you get to be really well acquainted with the crew. >> it is much smaller than shuttle. veteran astronaut doug wheelock flew in one last me. >> a lot of bumps and jolts. >> it plummets back to earth with a parachute before slamming into the ground. >> sort of like being inside of a barrel and somebody nailed the lit shut and light the barrel on fire and september you over niagara falls.

>> but it is helping nasa advance science at the international space station. the flight director says among the tasks assigned to crew members, updating computers on the space station. >> the computers that currently run on the space station are 386s. those are the computers from the '80s. that is how it was designed, that is what we run on. >> just a few month a's go the same rocket that propels the soyez in space failed. still, those that are assigned to ride in it are confident t is safe. >> next saturday is new year's eve. fox news planning a star studded event live from times square ma megan kelly.