and if that fails, if she just leaves the articles in the house and never moves them to the senate, the whole thing kind of dies. alternately perhaps mcconnell would have the option of makinge a motion in the senate to dismiss the case for lack of prosecution. so he's got some choices. i'm not sure she has very many left. >> bret: brit, as always, thank you and merry christmas. >> you back. same to you, bret. >> bret: u.s. military is confirmed the combat death of american service member in afghanistan. the taliban claiming they were behind a roadside bomb that killed a u.s. soldier. 2400 americans in afghanistan dying in the nearly 18 year conflict. the market reached new record highs today. we mentioned it but the dow gaining 97 today.