0 attack, but i think they know enough about what their objectives were that they didn't need that. in fact, this is one of those internal contradictions the article itself says the person identified as carrying out the attack is still in benghazi, still protected by the terrorists all around. so this is the kind of, i think, very muddy thinking, unfortunately, that characterizes the article. and the notion, let's just get to the point about the mohammed video. since it was the president of the united states and the secretary of state who said it's the mohammed video, if you're a halfway sentient terrorist in benghazi, that's what you're going to repeat to a gullible "new york times" reporter a year later. >> the suspect, ahmed abdue khattala, 42 years old, a jihadist still there and being protected, but ambassador, what does it mean for the country going forward? the "new york times" article also says this. a fuller accounting of the attack suggests lessons for the united states that go well beyond libya. it shows the risk of exz pkting american aid in time of desperation to buy loyalty. it also suggests as the threats and militants around the region have multiplied, an intensive focus on combatting al qaeda may distract from safeguarding american interests. who, if anyone, can we trust? >> that's an example of something they got right and that actually contradicts other parts of the same article. you read the passage that you just read, and of course, the word that comes to mind is syria right off the top. but what that passage also shows is that it's very hard to identify in concepts that westerners understand exactly what the nature of the enemy is. that's the way al qaeda operates. that's the structure or non-structure they use. i think it's a real lesson to us on a much broader basis that shows what happened in benghazi has still not been taken into account in american policy. we weren't careful before the attack. we didn't have resources to protect the people, under the attack when it was happening. and today, 15 months later, al qaeda, the perpetrators have not only not been brought to justice. there's been no retalyashz whatsoever. that's the real lesson. unfortunately, the lesson the terrorists have learned, which is you can attack the united states with impunity. >> and that apparently is what so far has happened. ambassador john bolton, early morning in los angeles on this sunday. always good for your insight and analysis. thank you, as always. >> thank you, eric. >> jamie. >> thank you, ambassador, as well. there are two cases related to the nsa spying scandal that could be headed to the supreme court because a pair of federal judges handed down opposing rulings on the constitutionality of the agency's phone data collection of millions of americans. one plaintiff tells fox news he plans to high track his case so the high court can make a decision in 2014. this story, peter, is fascinating. two federal judges, two opposing views. >> yeah, jamie, you summed it up right there. the two federal judges who have ruled on the legality of bulk data collection in the last month have two different interpretations of the law. one judge thinks mass surveillance is okay. one does not. so now the plaintiff in the case where the judge thinks collection is not okay says that he wants to settle this once and for all. he's looking ahead in the next year for help from the supreme court. >> when a notice of appeal is filed, we will then file a petition to accelerate the review of the matter to get it straight to the supreme court on the basis this is a matter of great national importance and there's an urgency, because the american people are continuing to be spied upon. >> the only reason that we're talking about any of this right now is because edward snowden leaked a bunch of information that got the public talking earlier this year, and because that conversation was started after those leaks, snowden says his mission is accomplished, and his legal adviser said this morning that snowden might come back to the united states but only if the law is changed to protect his freedom. >> there are lots of times when people violate the law and society decides for one reason or other to look forward other than backwards. i think this is one of the cases. mr. snowden's disclosures have been profoundly important to the world and there's much the united states could gain through conversation with him. >> an independent panel recently recommended to president obama that phone companies should be the guardians of metadata instead of the nsa, but this morning, the chairman of the house intel committee said if that policy is put in place, there won't be the same kind of oversight as right now when the government keeps the record. >> great reporting, peter, on this. thank you so much. eric? >> obamacare is shaping up as the major issue in the midterm elections. up next, chris wallace on the political stakes for both parties as the program kicks in. and a major development in the case of the run-away teenager who was the target of a police manhunt after she allegedly lost them in a high-speed chase in a stolen car. ♪ ♪ ♪ [ male announcer ] everyone deserves the gift of all day pain relief. this season, discover aleve. all day pain relief with just two pills. this season, discover aleve. wout of landfills each year? plastic waste to cover mt. rainier by using one less trash bag each month, we can. and glad forceflex bags stretch until they're full.* so you can take them out less often. is a really big deal.u with aches, fever and chills- there's no such thing as a little flu. so why treat it like it's a little cold? there's something that works differently than over-the-counter remedies. prescription tamiflu attacks the flu virus at its source. so call your doctor right away. tamiflu treats the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions, or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior, stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures, confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. so don't wait. attack the flu virus at its source. ask your doctor about tamiflu, prescription for flu. probably wasn't talking about dollars. pretty much everybody wants to keep those. ♪ most car insurance companies know this -- because they keep yellinabout it. onlyhey don't say how they're saving those dollars. ♪ but esuran was born online, raised by chnology, and majo in efficiency. when they save, u save. so you can keep your dollars. esurance. backed by allstate. click or call. let's check on some crime stories we're watching. a nationwide manhunt for the opp killer may be over. a man matching the description of the suspect suspected of killing a police officer in mississippi and wounding another in a bank robbery last monday has died in arizona. he was apparently killed by the police in phoenix while he was trying to rob another bank. authorities are still waiting to officially i.d. his body to confirm that is indeed the same suspect. and a runaway wisconsin teenager allegedly helped steal two cars and elude police in a high-speed chase in two states has been found. she's 15-year-old brianna gomez and she had been missing since december 23rd. yesterday, police captured her, her boyfriend, and two other boys. they were found in new mexico where police believe they were headed to southern california. she was recently released from a juvenile detention center after having various run-ins with the police. it's new year's day almost, and that's the day that will mark a reckoning for obamacare. that's when discussions of websites and enrollments go away and the reality of folks who are actually seeking medical care under the program will kick in. question is whether or not it will really work. speaking on fox news sunday, former presidential candidate howard dean said there may be some rough spots, but he pred t predicts not for long. >> there are going to be mislocated. i think the reason there aren't going to be as many as most people think because most people who are getting signed up are healthy. there's not going to be a huge rush to the doctor on january 1st, but there are going to be problems, no question about it, and i think we'll work through them and my march it will be running smoothly. >> joining me, chris wallace. and of course, your other guests shaking their heads no. what did you get out of that? how controversial and how, as some have said, incompetent will it be after the first of the year because it's been a debacle until now. >> it's been about signing up, about the website, but come january 1st, it's where the rubber hits the road when people go to their doctor and find out, are they really covered by an insurance company or are they not? can they go see their old doctor or can't they? if they have to go see a doctor out of network, how much is that going to cost them? huge deductibles for a long time may be quite considerable before they start getting reinbursed by their insurance company. the other fellow you saw shaking his head is dr. scott gottlieb, a conservative critic of obamacare. to take one example, when governor dean said, well, you know, you have a lot of healthy people signing up, gottlieb really does whoa his facts said, no, it turns out in fact the number of older, not necessarily sicker people, but the older, more riskier generation is out, you know, is represented in undue numbers in the obamacare signup, and the young, healthy, invincible, so called, are underrepresented. that would indicate the risk pool is going to be higher and costs are going to be higher. >> on this one, chris, the facts really do speak for itself, and to have howard dean, a democrat, say there will be bumps along the road at a minimum is very telling because they don't even know what the issues will be. if the website crashes on si signup, i can only imagine what happens when people with leaf or death decisions and doctors who don't know how it's going to work, try to make it happen for people who need health care, but when it comes to facts, i want to turn, since i have you, on the issue of the "new york times" report versus everything that fox news in its reporting has learned about the tragic event in benghazi. what's your impression? i know you have chairman rogers on your show. an important interview this morning. >> yeah, mike ragers is the chairman of the house intelligence committee who the report directly contradicts on the question of whether there was an al qaeda involvement and in fact perhaps leadership of this attack. and also, the question of what role did the anti-islam video play. we have mike rogers on the show. i hope people will watch the entire interview on fox news sunday. he stands by his guns, says this report is absolutely wrong. that however exhaustive the "new york times" said it was, and they said they had people on the ground there for months, according to mike rogers, he says, look, we talked to a lot of people. we have the intelligence, and there was an al qaeda involvement. the video did not play a big role. i also asked him something i know a lot of people are questioning, which is whether the times, which leans left, has been putting out this story in an effort to exonerate or to protect, defend the obama administration and perhaps hillary clinton, who may be the democratic presidential candidate in 2016. and of course, secretary of state during all of this. he wouldn't go that far, but he said he found the timing of this article and also an interview on "60 minutes" with susan rice last week, interesting. >> and your interview, people now have to watch it because we report they decide, they can read the article and hear what he has to say. he has access to intelligence some of us will never see. thanks so much, chris. quite a show for you today. we're glad to preview it. >> thanks, jamie. >> happy new year to you. don't miss the interview with howard dean on obamacare and what it's going to look like for you after the first of the year, just days after the coverage is expected to start. you can see it at 2:00 and 6:00 p.m. and on your local channel. >> try, try again. another ship trying to break through the solid ice to rescue that russian research ship that is still trapped in antarctica. coming up, a full update on their frozen progress. and when they ring in the new year this week, what will it be like when the clock strikes midnight and 2014 right at that spot, a full new year's eve forecast across the country coming up right here on the fox news channel. and ah, so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app.