troops in my own show. it is kind of a conglomeration of many. gretchen: more after the show. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- bill, good morning, everybody. new numbers into talks on the gross domestic product. the latest estimates show the economy grew at 2.2% one month ago. the number was lower than most expected. growth was boosted by cash for clunkers, tax credit for first- time home buyers. we will get you more numbers in a minute. live pictures from the senate floor. we are waiting for the third and final test vote on health care reform. if cleared, we could see the said it finalized the measure on christmas eve, as late as 9:00. what is under your tree? good morning, everybody. patti ann: democrats are calling this bill and historic measure, providing coverage to millions of uninsured. republicans call it a spending bill that cuts medicare and lead these new taxes and fees on average americans. bill: wendell goler is at the white house. clearly they missed the early deadline. what is happening now? >> the third vote but not happen until tomorrow. the senate passed its second hurdle this morning when they approved every read's and that basically dropped the government-run -- harry reid's amendment which basically dropped the government-run option. it would require most to buy instruments, providing subsidies to those who cannot afford it. the senate requires 30 hours between but if they insist on it, and republicans are taking an opportunity to try to convince democrats to vote against the bill. bill, there has been a lot of back-and-forth. -- bill: there has been all lot of back-and-forth. he was on the show earlier. what about the concession to win over democratic votes? we are getting more attention on this, too. >> there has been a lot of them. millions in extra medicaid funding for louisiana -- for senator mary land through -- landrieu. that is being called the louisiana purchase. money to protect medicare advantage benefits of florida residents. harry reid was unapologetic. he said if there was something a senator one that was important to them, and they did not get it in this bill -- if i can find the quote -- "it does not speak well of them." bill: we are watching max baucus on the floor of the senate. he has been one of the chief negotiators. what are we hearing? what is the give-and-take between lawmakers? >> k. bailey hutchison of texas says that the bill will change health care in the country forever. she says the requirement that people buy insurance crosses the line and is somehow different than a state requiring people to have auto insurance. she says republicans have offered amendments, democrats rejected all of them, but dick durbin said that they were all efforts to kill the bill. >> for the first 21 days of debate, republicans offered four substantive amendments. they offered six motions to take the bill off the floor, send it back to committee, and stop deliberation, but only four substantive amendments. now they are brimming with these notions that could change the bill. they had their chance. >> harry reid took a rodney king approach and said, why can we all just get along? bill: thank you. we will be in touch. patti ann: meanwhile, lindsey graham is calling for a legal review of ben nelson's health- care review. you want his state's attorney general to look at the dealmaking that sealed the final compromise. he wants to know how nelson was able to get his state contended from the cost of medicare expansion. he says it is sleazy politics and create legal problems. bill, and there are new reports suggesting abortion could be an issue in the final negotiations. house lawmakers pushing for tough abortion language when they combine the bills. they want to protection that would block taxpayer dollars for paying for abortions. a number of liberals are not happy with that provision. patti ann: now to brazil where a father from new jersey is praying he will be in the to bring his son home for the holidays. david goldman was to turn today if he would get custody of his son. in 2004, his mother brought him to brazil where she divorced in was remarried. she died in childbirth last year and has been living with his stepfather ever since. joining me now is a family friend. thank you for joining us. the goldmans were in the process of divorce, but the white took shawn to brazil in violation of the arrangement? was this a kidnapping? >> that is not really accurate. there was no divorce before she went to brazil. he was blindsided by this. there had been no discussion of any separation up to that point. she called when she got to brazil and said that she was not coming back. patti ann: there was a ruling in the state giving david custody? >> after david realized that they were not coming back, he filed for a eighth application, in other words, the addition to get his son back. -- an attempt to get his son back. patti ann: years later, the mother dies, sean is living with his stepfather, and now david believe that he should be given back. a higher court issued that he should stay, and that has since gone to the field. the chief justice could rule today? where does that stand? >> there was a return order issued in june by a first of all federal judge. there was a court order that said that he needed to be sent home. that ruling was stated by one supreme court justice. there must an appeal that took six months to apply alabama -- play out. that ruling was just upheld the other day and reinstituted that handing over of sean. then there was another motion brought on by the family to the same justice, just one judge, blocked the return again. that is now being reviewed by the president of the supreme court, the equivalent of our supreme court justice. patti ann: we hear he could rule today, but he may not rule until he hears testimony from the boy, the entire court may have to review this? >> the testimony of john was in the petition which was what led to the state order. he is not necessarily going to make a decision on whether or not, testify. at worst, he would push the case back to february and allowed it to be held -- hurt by the full panel of judges, but our understanding is that will not happen. it sounds like it may be delayed again, and it is tough to read the tea leaves, but in termin tf what this may mean. we understand and believe that the dust that an end to the right thing now. patti ann: there is a congressman in new jersey funding for this. president obama also mentioned this to president de silva of brazil. does any of this government pressure seem to be helping? >> absolutely, and we are thankful that it has come. we wish it could have come sooner. yes, it is helping. the situation has escalated and the brazilians are feeling the pressure. and we hope this case can be solved once and for all. patti ann: this is from a message board in rio. certainly, folks in brazil, at least from what i have been reading, want to see this boy returned home to his father. >> that is right. he said support from brazilians that he has met while he is down there is overwhelming. patti ann: we will see what happens. thank you. bill, it would make a very nice christmas. -- bill: it would make a very nice christmas. we have been reporting on these sweetheart deals in the senate. paying millions extra to cover the others in the state. will the deal maker actually turn up to be a deal breaker? are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. patti ann: brooke astor was a wealthy new york socialite. today, her son faces more than a year in prison for looting her estate in millions. her son, 85-year-old anthony marshall, was sentenced yesterday to between one year and three years in prison. brooke astor gave away much of her fortune to new york city institutions and charities before she died. a jury in october convicted marshall and an estate attorney of swindling more than $60 million from the estate. bill: critics of the health care measure say it is a budget buster that leaves taxpayers and america on the hook for years to come. president obama, meanwhile, said this about government spending. >> in the long run, we cannot continue to spend as if deficits do not have consequences, as it the hard earned tax dollars of the american people can be treated like monopoly money. bill, senator judd gregg of new hampshire is with us. good morning. thank you for coming back to the program. any monopoly money left in that town? >> basically, within the next 48 hours, we are about to spend $2.40 trillion we do not have. it will increase the size of the government significantly, and as a result, we will be passing on debt that our children cannot afford. we are headed to some serious times. bill: when you are talking with your colleagues, republican or democrat, do they talk about this? >> not enough. there is a little bit of lip service, like the president just did, but when it comes down to spending money or reducing the debt, it always seems to come down to spending money. these expenditures are going to go on forever. $2.30 trillion over 10 years, but every 10 years is another $2.30 trillion, and then you have the stimulus package that has been been gobbling up until 2019. -- spending going up until 2019. bill: i want to get your response to what the president said. he said the deficit, 11 months ago, was at $1.30 trillion. where is it now? >> $1.40 trillion. next year it is predicted to be about $1.10 trillion. it depends on how much money is spent from the t.a.r.p. i put language in there that said that the money that comes back has to go to debt reduction but the democratic congress seems to want to keep it in their piggy bank. when we spent this money originally, it was supposed to be a loan from the taxpayers to financial institutions. when it was to be paid back, it was to go to the debt. bill: anything you give to washington does not come back. perhaps the government needs to be more responsible. who is leading this parade? >> i am hopeful, but not this is fairly assured are confident that congress will wake up. what we are doing to our kids and the next generation is not right. no generation should pass on to the next generation a country that is weaker. that is not responsible. there are a bunch of us in congress who have proposed an idea to do something about this. it is a task force whose results would have to be voted on, fiscal insolvencies, tax policies. that has a fair amount of support here, but we are still a long way from coming to fruition because it is strongly resisted by speaker policy -- pelosi. bill: you are not making me feel better . >> people need to know about this. feeling better is not the appropriate response here. we need to get congress to get things going. bill, thank you. patti ann: as the east coast is digging out from a fierce winter storm, mother nature is hitting the west with snow and freezing rain. when it means for millions of folks trying to make it home. patti ann: scientists are on alert in the philippines as a dime volcano gets ready to blow. it is already spewing tons of hot, and the gas. children had to evacuate nearly 50,000 people from towns and villages near the mountain. scientists say the nearby provincial capital could also be in jeopardy. joining me now is a reporter. what are the risks, how dangerous is it? >> it can be very dangerous. it already has brought ash fall too many towns. in a way, they are having a white christmas, but this is sulfur ash. they are doing what they can getting people out of the dangers known, but they have also issued warnings that people may need to be prepared to move outside of that zone. the biggest fear here is a side blast, something that comes from a sign of the mountain. that is what scientists are worried about. patti ann: we have heard about earthquakes in the area. how many have they had? >> two non-mechanic in origin just -- non-volcanic in the origiarea. inside the volcano, we have had about 4500. scientist philippe as of this season they have had 1266 in the last 24 hours. patti ann: i assume that is a sign we're getting close. what is the government doing to get these people out of the area? >> in the immediate in area, 47,140 people are in evacuation centers. the government is doing everything they can to get those people out. one thing is, they have these christmas party, things to keep the kids entertained. there is obviously a lot of stress involved, because these people could be in these shelters for up to 80 days. the other thing is, a lot of the craters on the ground could sink. as well, there are snakes around that are losing their homes, so they are sending out anti-venom kits. they will be having a white christmas, but it will be a an ash fall christmas. bill: so if the volcanic ash does not get to you, the cobras will. asking new questions in the death of the hollywood star. the prescription medications play a role in the death of brad maine murphy? -- bert maine murphy -- brittany murphy bill: to the extreme weather center. christmas travel is not over yet. the east coast is cleaning up after the winter storm, and now the nation is dealing with another storm. retailers hoping to get a boost from last-minute shoppers. domenica davis is in the talks whether to enter. >> we are watching this system in the west. -- fox weather center. this system is really going to get going over the next 24 hours, and identify as it moves over the plains. with that, we are looking at some of the worst weather that will be developing tomorrow into christmas eve. here is the futurecast. this puts us right to christmas eve, here we are in the morning with heavy rain from the tennessee valley down to the gulf states. on the northern edge of the system, that is where we could see blizzard-like conditions moving into the midwest. minneapolis will definitely get some snow. chicago, kansas city, probably a mix, but it may hamper travel conditions wednesday and thursday. you probably want to plan for some extra time. as for the system affecting the northeast, it will continue to push east, but luckily, we have some warm air pushing in from the town, and that will make the difference between rain and snow. 64 the high today in memphis. that is going to push into the northeast. so it will mainly be a rain event for most of you that got hit with snow over the weekend. bill: thank you. patti ann: a new study on the dangers of texting and driving. researchers say that drivers who text message or six times more likely to crash. they also say the activity is 50% more dangerous and talking on the cell phone. distracted driving accounts for at least 6000 fatalities each year in the u.s. at least 19 states have banned texting while driving. bill: 40 motors is planning to equip its 2010 line with wireless systems. it will turn your vehicle into a rolling hot spot. they say is perfect for school- aged kids who need last-minute internet access, and it will also encourage all the attackers behind the wheel -- multi-packertaskers behind the . we are big on not texting and driving. put that thing away. patti ann: new questions this morning about the unexpected death of bernie murphy. she was found dead over the weekend from an apparent heart attack. -- the unexpected death of brittany murphy. it could take six weeks for toxicology tests to come back. in the meantime, what do we know now? with me is an assistant professor at the mount sinai mental hospital. a forensic pathologist has said that he does not know how the corner came to his conclusions about a natural death. do you agree? >> and does not take a pathologist to know that an incredibly thin woman having cardiac arrest is a natural. at first glance, there were no signs of suicide,,,,, foul play -- suicide, homicide, i'll play. patti ann: the family said she was suffering from flu-like symptoms days before that, but a 32-year-old would not die from that unless it was exacerbated by underlying conditions? >> that is right. if it was that severe, we would assume that she would be under care or hospitalization anyway. patti ann: what about diabetes? could that exacerbate the symptoms? >> it could exacerbate the flu symptoms. it could also increase york cardiovascular risk, having early onset heart disease. that could play a part, but being a young diabetic, they do janet -- they do not generally have cardiac arrest at 32. patti ann: there were reports of several prescription drugs in her name, nearby. also, reports that there was vomit in the area of the bathroom where she was found collapsed. >> them up if your diabetes is uncontrolled, you can certainly have some bombing with electrolyte disturbances. if her flu-like illness was worsening, that could explain it as well. in terms of drugs potentially playing a role, that could also, niger, vomiting, and illness, obviously. patti ann: there were rumors that she was struggling with anorexia. the fact that she was thin, does that make the situation worse? >> the issue is whether she was healthy and then, or if her size was due to poor eating habits or anorexia or bulimia. as diabetes could, it would cause an electrolyte disturbance, and could cause the heart to have an abnormal rhythm. patti ann: her husband tried to block the autopsy but the decision was made to override that. who has the final word on something like that? >> when there is an unclear cause of death, the corner has the final say. generally, they work with the family to say why the cost is necessary. patti ann: thank you for joining us. bill: we are on the job hunt today. more employers are going high tech with recruiting, using a video chat services to interview potential candidates. it is cheap and efficient. for companies that recruit across america, travel-related expenses kennecott -- account for 50% of costs, but video conferencing could change that. of the businesses that use on- line business conferences, half are reporting an increase in usage. courtney friel is with me. what are some of the other reasons it is becoming a trend? >> first of all, oprah is to win it, so you know it has to be good. also, the technology applications are free. most computers these days had cameras in them. this is what i used to connect to my family. it is much better than a telephone call because you are seeing the person face to face, and in terms of job interviews, you get chemistry. here is how some are finding it helpful. >> it is a low-cost way to have a chance to interview the candidate before you invest a lot of your time in bringing them out. >> we did that interview on skype. it is just another layer of the screening process. bill, what kind of costs are company's saving? >> in zappos' case, they are in las vegas, it costs about $1,000 per person. last year they flew out 60 people. this year they were able to narrow that down. as a job seeker, you may want to offer yourself up to an employer and do your interview like this, and you may put yourself ahead of the crown by doing this. coming up throughout the day, i will give you some tips to have the perfect online job resume. bill: foxnews.com for the latest information on where people are hiring. our map shows you where jobpeope are finding job opportunities. patti ann: a major discovery right before christmas. archaeologists digging in nazareth makes a find from 2000 years ago. bill: just in time for christmas, an unprecedented look into the life of jesus christ. religious scholars are amazed over this find, finding a dwelling in nazareth that dates back to the time when jesus was a boy. >> we have found not only some pieces, but also remains of a wall above ground, and this has not been found until now. it is kind of a revelation from nazareth. >> it is very interesting. >> professor james charles or is in new testament scholar at princeton university. nice to see you professor, their christmas to you. you have done some excavation work there. -- mary christmas to you. describe the scene for us. -- merry christmas to you. >> we are learning a lot about jesus in his youth. according to the gospel of john, that daniel says, can anything good come out of nazareth? can something significant come from something insignificant? they said that these were little houses, perhaps and jewish. a maximum of four acres, maybe 15 houses. we found remains of stone vessels, so they are clearly jewish. the jews made these things, especially in the time of jesus. bill: show that again to us. >> you remember from the gospel of john, jesus goes to a wedding, and there are six of these four purification. this protect against this. in terms of holiness, you want this to be pure. this one may be from jerusalem, but it gives you an idea why we can be certain days of our jewish dwellings. that is important to me as an historian. imagining what jesus' life was like. he had very modest beginnings. you understand how he was sensitive to the average person. bill: we are watching some videotape. what is in the documentary, don'film? >> this evidence of this is time that they are jewish. here we have now as arrest at the time of jesus. modest people. -- nasa beth at the time of jesus. -- nazareth at the time of jesus. we noted the gain army conquered galilee, and after that, they took them to galilee entitled them. so now we have the first archaeological evidence that jesus' family is fromnazareth. no, you're suggesting is that it was a new town -- bill: you are suggesting that nazareth was a new town? >> yes, it is possible. we have a wealthy town. all around you have beautiful villages, such as we have seen in pompeii. this shows you that it is not poverty or peasantry, but ordinary, common people. bill: builders were making room for a new christian center and that is where they made this discovery? >> as a rule that when you are building, if you hit something old, you have to stop. the antiquities, and, and lo and behold, they find the mother lode. you can imagine jesus running high. he was there for over 20 years. bill, there are so few structures -- bill: there are so few structures, there is a likelihood that these were his neighbors. >> it is a great opportunity to imagine his life as a youth. now we can look at real buildings and say that he passed by here many times. bill: what is your next assignment? >> i will be going back to nazareth next week. it is exciting to be a religious scholar. i am a methodist village -- minister. this is helping me to fully understand. bill: it is such a wonderful time of year to have such a great discovery. imagine it in sight. >> i almost wanted to be cynical because this is the time when nonsense hits, but this is real stuff. bill: you can be skeptical, you do not need to be cynical. >> that is a good correction, but there are many people who get cynical this time of year. bill: god bless you. love your tie. patti ann: new concerns about the senate health care bill as lawmakers close in on a christmas eve deal. some are calling for an investigation of how the deal was done. should medicare from your paycheck be subsidizing health care in nebraska? a key lawmaker weighs-in. . bill: i want to keep you updated on what is happening with health care. president barack obama was asked about his vacation plans a moment ago on a radio show. his family had planned to travel to hawaii for the christmas holiday, but those plans are on hold. president obama saying he needs to stay as close as he can to the senate vote. we're not quite sure whether the first family will shut the white house doors in trouble out to hawaii. we're watching now. the senate is in session. there could be a vote on the senate version's of health care as late as 9:00 p.m. on christmas eve. that is thursday night. we will watch it for you here on fox news channel. patti ann: the army has a tough new rules on pregnancy. an army general making it a punishable offense for soldiers serving in iraq. the rule applies to female soldiers but also to the fathers of their babies, even if the couple is married. soldiers could face court- martial if they break the pregnancy policy. we're live in washington with more. what is in the new rule, and who does it apply to? >> first, this is not an army wide policy. it is -- it applies to troops in northern iraq. on november 4, the general issue an order to prohibit his soldiers from becoming pregnant or in impregnating another soldier while deployed. there are also bans on drinking, gambling, and porn. the punishment for pregnancy could be court-martialed resulting in jail time. he is already disciplined seven people, four women and three men. punishment were limited to record -- letters of reprimand. patti ann: what motivated this? >> he says the female members are so valuable that they cannot afford to lose them. he said this -- >> remember, in northern iraq remains the most dangerous area of the country. u.s. troops are still very active there. i have been there and can tell you that women technically cannot serve in combat roles, but they have specialty roles like medical and logistics. so those jobs can be hard to fill. patti ann: is this legal? >> the general says he checked the military authorities, and he has not gone push back from officials. he says this -- >> he says there should be professional consequences for personal choices. patti ann: very interesting. thank you. bill: we were talking with the friend of the american father who is down in brazil. the international custody battle continues. a new jersey father -- will he get his kidnapped son back, from brazil? a court decision may happen today. it may happen before christmas. we're watching for more from the white house. robert gibbs, the press secretary, will give a briefing soon. we expect questions about the deal makers and the health reform bill. we will tap into robert gibbs in a matter of minutes. ♪ [ female announcer ] arthritis targets your body where it's weak. where it's vulnerable. ♪ tylenol arthritis works with your body to block the pain, without interfering with certain high blood pressure medicines like aleve sometimes can. ♪ so you don't just feel better, you feel better knowing doctors recommend tylenol more than any other brand of pain reliever. ♪ patti ann: this is a fox news alert. new information on the coastal -- custody battle that has a new jersey father trying to bring his son home from brazil. this was supposed to be decision date for the young boy and the center of an international custody battle. david goldman is in brazil right now, awaiting a judge's ruling on whether he will be able to take his son and to new jersey. the mother kidnapped and five years ago and later died. now he is stuck in the brazilian legal system. it is a brand new hour of "america's newsroom." it is great to be back again. bill: nice to see you. good morning. that decision postponed yesterday. it is supposed to come down today. but now we are hearing there could be even more delays. patti ann: david lee miller is live in new york city. i understand you just got off the telephone with david. what did he tell you? >> that is right. he is in brazil, waiting for the chief justice of brazil's supreme court to make a decision. this is the second day in a row that he is rooting for it decision. yesterday was a disappointment, but he told me moments ago that he remains hopeful. here is a portion of what we discussed moments ago on the telephone. >> the information i have is pretty much the same as you. waiting and hoping for a decision that not only well, but will be positive so my son and i can end this tragic five-year nightmare and return home together. >> this is no longer just an abduction case of a 9-year-old child. it has escalated to a matter between both the u.s. and the brazilian government. he told me that he appreciates the efforts that both governments have taken to try and reunite him with his son, but at this moment it is still a waiting game. earlier today we received a written statement from an attorney for his brazilian family -- for the boys brazilian family, saying there might not be a decision by the court today. but there's no official announcement to that effect. this is a story that is still developing, literally moment by moment. patti ann: how is that brazilian family reacting to all of this? >> we got a second statement from an attorney representing the brazilian family. he said that at this stage of family is not considering anything other than waiting for the decision by the chief justice. the statement also said the boy's family reiterate said we will continue to take more measures to preserve the well- being of the boy, the international pressure led by the u.s. representative and spokesperson of the american embassy represents what the statement called an undue interference with internal affairs of brazil and deserves strong opposition. clearly, the attorney for the boy's family in brazil is not at all happy with the idea that this has now escalated to a matter involving the highest levels of the brazilian and the u.s. government. they also appear to be, to some extent, caving in to that pressure. days ago they said they were hoisting with a call the white flag, and said they were agreeable to negotiations. david goldman has said no negotiations here. this is a cut and dried case. it is his son, and he wants him back so that they can resume their lives in new jersey. patti ann: there are international pressures, and it is an interesting case that is changing minute by minute. keep as of today. thank you. bill: new developments out of san diego. the national transportation safety boy heading of the investigation into this fatal coast guard collision. an 8-year-old boy was killed when a coast guard patrol boat collided with the boy's family boat in san diego harbor. the patrol vessel was racing to help another boat that had run aground. there is a lot of water traffic in the harbor for the annual holiday boat parade that night. the commander says they are trying to figure out how this all happened. >> what we need to find out is exactly what they were doing at that time. there was activity in the area. it was dark. in number of people could have been confused with the coastguard. i witnesses are being interviewed. we will continue to get the details. bill: the crew involved in the crash has been removed from search and rescue duties until the investigation is completed. patti ann: citibank is denying reports that computer hackers breached their systems and stole tens of millions of dollars. they are assuring customers their money and information is safe. federal investigators claim an attack was first detected over the summer. it may have happened months or even a year earlier. they say the hackers may be linked to a russian that gang sold tools and software for accessing u.s. government systems. bill: there are calls for full investigation into what might be a sweetheart health care deal for nebraska. the democratic senator bid nelson, a longtime holder, securing a lifetime exemption from higher medicaid costs for the people living in his home state of nebraska. a south carolina republican senator is asking his state attorney general to figure out how nelson did it and whether or not it is legal. >> i do not think most senators believe this is ok. and if it is, just say so. i am on your show. i think it stinks. i'd is sleazy. if you disagree with me, come on some show and say it is ok with you. bill: he is threatening to sue for equal rights on behalf of his state. the texas republican john cornyn is joining us now. good morning to you. does your colleague have a point? >> well, he does. this is not business as usual as it should be. the president campaigned on a theme of hope and change and talked about change in washington. unfortunately, they are engaging in the same old thing. the american people deserve a lot better. bill: for the record, vt., nebraska, florida, and a bunch of others that escape my mind right now, louisiana -- they have cut a sweetheart deals to get it done, too. it peels back the layers of washington, and it shows the american people how deals get done. frankly, i am not quite sure how they will like it. but ben nelson was asked about this earlier today. he says already today, three senate colleagues have told them -- let me get it right. now we understand what you did. we will be seeking this funding, too. so people are already trying to piggyback off of that. >> it is disgusting. this bill, if it is a good bill for 300 million people, it should stand on its own merits for how it improves access to health care and begins the cost curve down. we know this is an enormously unpopular bill because it cuts medicare and raise its premiums and taxes. how do you justify voting for build your own constituents say they do not like? i guessed by getting some sort of sweetheart deal. but they do not stop there. it is the drug companies, the insurance industry, and a number of other health-care providers to got special deals because none of this happened in public. it all happened behind closed doors with secret negotiations. i do not think the american people have to sit quiet and stand for it. bill: what is going to happen? i hear senators like yourself. everybody says we will fight until the very end. we heard that from john boehner and senator john mccain. what can you do? >> all it takes is one senator from places like colorado and california where major newspapers editorialized and say why should our state have to pick up the tab in order to pay of the sweetheart deal in nebraska or louisiana? this is not a good deal for us. you should not support this but it only takes one senator to vote tono, and then we can start over and do this the right way. bill: with regard to ben nelson, he has a republican governor back home. he says he does not want the money. ben nelson says of the governor does not want it -- what is that all about? >> well, what the governor said as he wanted a fair deal, not a special deal. he is exactly right. this should be in the interest of all the american people because it will affect all of our lives. what senator can get a special deal in exchange for a vote to close off debate? this confirms people's worst suspicions and makes them cynical about the political process. i do not think this is how it should work. it is not what the president promised. he promised a new town, more transparency. but this is the same old thing. david axelrod must have said this is the way they do it in chicago, but this is not with the american people thought they were getting when they voted for this congress last year. bill: in nebraska, the federal government picks up the full cost on the proposed expansion of medicaid in nebraska at an estimated cost of $100 million of the the next 10 years. if you live in nebraska, you are ecstatic. all these sweet heard deals, could they be deal breaker is ultimately? >> well, i hope so. in my state, the state of texas, because of the medicaid expansion over 10 years, it will cost my constituents, texas taxpayers, $20 billion in an unfunded mandate. so washington is telling my state you have to take this, but we will not pay for it. you'll have to come up with $20 billion which will displace public priorities for higher education and law enforcement. this is just not right. frankly, the american people should stand up and say this is unacceptable. bill: one more thing on all this, you know they have the 60 votes that they need in the senate. that has been proven after repeated votes over the past three or four days. so they go over the holiday break, whether it is on the house side or senate side. what happens when they come back in in january? are they able to still maintain what they have? or can you say today that you have a measure of confidence that the health care reform that is on the table in the senate or on the house is not necessarily a done deal? is it or is it not? >> i do not think anything about this is inevitable. one senator voted for cloture perhaps not knowing all of these sweetheart deals that were made and are now coming to light. i think as senators go home and face constituents and see their outrage and indignation at this kind of special deal making, then i think the votes could well change when senators from california or colorado liggett major daily newspapers that say our states got the raw end of the stick -- when they look at major daily newspapers that say our states got the wrong end of the stick. nothing about this is inevitable. bill: we will track that. john cornyn, thank you, sir. merry christmas. patti ann: cents at arrived early in indiana this week, delivering a big present to some military families. -- santa claus arrived early in indiana this week. we will show you what happened. it is one of the best moments of the morning. bill: this is a fox news alert. a couple key pieces of economic numbers. u.s. home resales surged 7.4% in the month of november as a federal aid helped to spur buyers. this reflects an extraordinary level of government support for the housing market, perhaps back from the worst downturn since the great depression. the national association of realtors say the 7.4% rise to a seasonally adjusted annual rate of 6.54 million in november. the point is there is several more homes right now. sales were 44% above last year's levels. that is a record jump. they had been expected to rise at an annual rate of 6.25%. so you're selling roughly 300,000 more homes this month of november as opposed to a year ago. the median sales price across the country, this is important, when hundreds of the $2,000. that is actually down 4.3% from the previous year. so they're selling more homes and getting less money for it. a bit of good news in there. it is something we have been waiting on all week. patti ann: we're learning more about what susan powell may have been planning to do in the weeks leading actor disappearance earlier this month. she is the young mother of two little boys, and she's not been seen since december 7. some of her friends are telling a newspaper that she was worried that if she ever tried to leave her husband, he would kidnap her kids and try to break her financially. police said named josh powell as a person of interest in the disappearance. joining us on the telephone is a reporter in salt lake city. thank you for joining us. the latest we are hearing is that josh powell rented a car two days after his wife was reported missing, returning it 24 hours later with several hundred miles on it. what are police saying about that? >> that is about all they are saying. they say it appears there were several hundred miles driven of the vehicle. they say josh powell rented it. but where the car ended up or were josh was during that time is not known. a lot of times rental cars have gps data on them. apparently this car did not. so they do not have that information to find out where the car was taken. there are a lot of unanswered questions. police would like to josh to come in and be interviewed to get specifics about where the car was and where he was. patti ann: josh fattal says he went camping with the boys, aged two and four, after midnight on a cold night in early december. he says he got on the following day and susan was not there. she did not go because she did not feel well. what are the things that investigators and reporters feel is fishy about that story? >> well, we're talking about subfreezing temperatures. it is a very long drive from the house to where they were camping. he has given a general answer, according to police, but the area he went to is very rural and vast. it is a big area. to go out there and sleep in your van and maybe just look at the stars -- i do not know, but it seems strange. it sounded more like just driving and staying in your car. patti ann: there are growing reports now of marital problems and financial problems. how much strain doesn't appear there was on this marriage? >> well, a lot of baggage, but we do not know exactly. we heard reports of a notebook that susan kept in her desk. it has been reported that they had financial problems. they did file for chapter seven bankruptcy a couple years ago. it is not clear right now. it sounds like something was between jobs and susan, and i believe marriage counseling was brought up. but we do not know much about it. patti ann: friends were even saying she was contemplating divorce. the boys and not show up today care the next day. susan did not show up for work. police broke into the house and found susan's cellphone, keys, and her purse. they also found two fans that were blowing on a wet spot in the liver room on a rug. what about that? -- in the living room on a rug. what about that? >> again, it is just evidence. they took samples to send out for analysis. all they are saying is that there were fans, but they do not know what was going on there. patti ann: police are also saying the reason they know so little is because josh powell, the husband, is not cooperating. what does that suggest? >> it is hard to say. it is anyone's guess right now. the police standpoint is if you want to help us find susan and we're all on the same page here, just help us answer a few questions. by not answering questions, it is unknown. we do not know if he is so distressed that he cannot speak. we do not know if he is hiding something. patti ann: a lot of questions and women still missing. thank you. bill: we had the brother-in-law on our program last week. he was telling us about the marital problems they had. they did not have the perfect marriage. but a lot of people have problems. it is certainly part of the investigation. there is a big hurdle today in the effort of bringing terrorists from guantanamo bay to a prison in illinois. the travel plans have come to a screeching halt. we're live at a hearing or that debate is now under way. we will check that out. sfx:racking of a taillight. female valve: hahahaha...i am strong like the ox. i crush you like tiny clown car. because you are... ...clown, yes? female valve: come, you hit me again and i break you. male valve: oh, you messed with wrong pipe now, car. ha, ha trust me...i have to live with her. announcer:accidents are bad. but geico's good with guaranteed repairs through auto repair express. patti ann: santa claus made a very special delivery to indianapolis, a breeding mom's and dad's home for the holidays. santa claus leading about 130 india and nash -- indiana national guard troops are from iraq, reigniting the with their families in the first time in months. most of them already have plans for their first days back. >> it is unreal. you go a year without seeing people. you do internet and text messages, but seeing them in person is indescribable. >> going home for christmas and spending time with the family. patti ann: another 270 national guard members are due home today. bill: role more videotape. you think about what they have been through. the one soldier said it well. you have text messages and e- mails and phone calls, but being there in person is where it all matters. patti ann: some have never even seen their babies before. bill: let's see that again. there it is. that is supercool. well done. that was indianapolis, indiana. budget cuts are forcing california to the breast cancer screening for low-income women and women under the age of 50. critics argue this is the type of health care rationing that the white house plans would not happen in the federal health- care program. and it of vocal sorts through the fax live in los angeles. -- and a double gold goes through the facts. >> there's a lot of fallout. there is a program called every one minute counts. this program offers free mammograms for low-income women. just a few weeks ago the state announced it was tightening the rules around this program and raising the age eligibility to 50. this comes weeks after federal panel recommended the same thing, but only women over the age of 50 should begin having mammograms. there was a lot of fallout. fallout here in california. state officials say this is strictly a financial decision. health experts say it is a convenient excuse. >> it is hard to imagine that the shift from 40 to 50 is because of recent guidelines released. >> there is no relation between the federal recommendations and our decision. >> that was a member of the california department of health, saying that what is really happening here is declining to back the tax revenues from a decline in smoking that has cost this program to have less money this year. the program actually received 10 million more dollars. so they are looking at other programs to see if they can get the money from there. maybe some nonprofit help to help these women get screenings. right now in california, beginning in june, women only over the age of 50, low-income women, will be able to receive these mammograms. bill: what does the governor say about this? >> it is no secret that california is in dire financial straits. they are facing in the vote -- another huge budget hole this year. he says that we are in a tough time and the state is forced to make tough decisions. he is asking the california congressional delegation to step up and press washington for more money. 21 members of the california congressional delegation have signed a letter saying that this is outrageous and we need the money to help these low-income women. one member of the state assembly from santa barbara has gone so far to call this a death sentence for some of the state's most vulnerable women. this is the kind of decision that could lead to health care rationing. it is a big debate here in california. bill: will watch that from here. thank you. you can only imagine that there could be more budget problems for california just around the corner. robert gibbs now from the white house. we mentioned in this a short time ago, president obama is reconsidering went to start his christmas vacation. that will depend on when the senate it's a vote this week. let's listen. >> look, i think that the international community is united. this is not something that the president has said -- that just the president has said. this is something that the members of the p5 plus one have said. that is why we are where we are now with the international community, waiting to see, and have been waiting to see for months, whether iran will live up to its responsibilities. mr. ahmadinejad may not recognize, for whatever reason, the deadline that looms, but it is a very real deadline for the international community. i think all of those involved with the courage iran to take that deadline as seriously at -- as it has been taken by us to live up to their responsibilities. it is in his control what iran decides to do. the offer that was put forward by the p5 plus one and by the iaea that i think clarified to the world what iran's intentions were, and now they have to live up to those responsibilities. if they fail to do so, the international community will act accordingly. >> [unintelligible] there is a strong message coming out of opec. how does the white house feel about that? >> i do not have any guidance on opec. we will try to get that information. >> once the senate passes a health care and the conference starts next month, or does the president see his role? will he be a bystander or cheerleader? how is that going to work? >> let me say one thing first. i am not going to get into what the conference and what those negotiations may look like. obviously we're hopeful that the bill will pass the senate prior to the senate leaving for christmas, what ever day they may decide that to be. i think the bill has, as you heard the president said yesterday, a number of overwhelming good benefits for the american people. the president and his team have continued to plague -- careful, guys. this room is not paid for. this is just a rental. [laughter] >> the president and his team will continue to play the role they have throughout this process, and that is working with leaders in the house and senate, discussing with them policy options. i think the role that he and his team have played to this point has gone as to the point where, in all honesty, health care is not -- health care reform is not a matter of death. it is a matter of wind -- health-care reform is not a matter of if. it is a matter of when. >> [inaudible] >> he has been criticized as being too active. the president has resolved -- >> when this goes to conference, he will be involved about as much as he has been in the past. >> we would not be where we are today if it were not for the president every day involvement -- for the president's every day involvement. i know there have been reports to the contrary. i think the president believes that we have gotten health care reform right up to the point where, as i said a minute ago, it is not a matter of if but when. >> know some wondering that now that iran has made it clear that it does not plan to abide by the december 31 deadline, has the white house started making plans for the next phase? >> we began making those plans weeks ago. you heard the president talked about it on his trip to asia. >> it is clear to the white house that iran is not going to back down. >> that is an iranian decision. it is not a decision that we would make. the decision for them to hold up to their responsibilities is their decision. we have offered them a different path. if they decide not to take it, then the american -- our delegation will moved accordingly. those preparations have begun. discussions have been had with leaders about those next steps. and at the u.n., as you know. in september in meetings with the president and the chinese on his recent trip. we have begun to take those recent steps. if iran is unwilling to pursue its responsibilities. >> obama is winding down his first year in office. as he looks back over the year, can he say this is kind of what i expected in terms of the fight for health care, for economic recovery? is it about what he expected a much more difficult? >> in terms of getting legislation through congress? >> is what he wanted? is it about what he expected? >> i think that the president was never under any illusion that anything was going to be easy. we're talking about fundamental health care reform. we are talking about fundamental change that will help in terms of health care reform -- that will help, in terms of health care reform, millions will have access to medical and health care reform. this is good for the fiscal picture. we know that whether you have insurance or you do not have insurance, important reforms about the way insurance companies to treat patients are in this bill. the senate bill has some very strong provisions about preventing insurance companies from padding their own pockets in medical loss ratio. i do not think the president was under any illusion that anything was going to be easy. when he came into office on a january 20, we were looking at an economic picture that i think it is fair to day -- to say had not been seen by the president likely since president roosevelt. if you go back to that month, we had 741,000 jobs lost. the first quarter of 2009 saw the gdp reduction of more than 6%, and economic loss that had not been seen in almost three decades. the president was not under any illusions that any of this stuff would be easy. but i think he has focused domestically and in foreign policy on the ideas he thinks will make this country safer, more secure, and get our economy back on the road to recovery. >> do you have reaction to the death of the 107-year-old woman that the president mentioned? >> let me talk to the president and did something about that. >> on health care and the issue of abortion language, as the white house been talking with the congressman from michigan, and how confident is the president says some sort of compromise in the congress can be worked out so that it will satisfy all parties? >> i will check as to whether we have had any conversations. i do not believe the president has spoken to that congressman in the last few days. i do not know if the staff has had conversations with him or not. i do not want to get into where some of these issues -- how some of these issues may be hammered out in a conference. it is better to let the senate work their will and it is to a point where we would have those negotiations. but again, i think the president is quite confident that we are going to be able to figure out how to make health care reform a reality. again, i do not think this is a matter of if. i think this is now a matter awhen. >> i want to get the president's take on some of the language that has been used in the last several days regarding health care reform. the chairman of the republican national committee twice yesterday said democrats are flipping the bird to the american people. >> much did that interview cost? -- how much did that interview cost [laughter] that was not directed at her but directed that the rnc. i think if you look back, just to give everybody some context as to why he came up with whatever the herbage he came up with, this was i think predicated on the fact that he had deduced that in his mind that the white house had pressured the congressional budget office into coming up with statistics that were good for the bill. i do not know how many questions i have been asked about cbo numbers on the last nine months. i think it is the notion is and how this white house is in cahoots with the congressional budget office is delusional, to put it mildly. i would suggest this for the rnc and for anybody in the republican party. there are millions of people who do not have health care this christmas. there are millions of people that are watching their health- care rates skyrocket. and instead of giving interviews like that, it might be good to actually be part of negotiations and a solution to get health care reform and make it a reality for the american people. i think that is with the want to see from the two political parties. >> senator fine gold -- feingo -- >> we heard it twice from robert gibbs. health care is not a matter of if. it is a matter of when. we want our viewers to get an idea what the give-and-take is right now. the senate is expecting a possible christmas eve vote. what will be different if this health care reform is enacted? she pursed -- two perspectives from two women. dr. cooper is part of our fox news medical team. and we have a family practice physician. thank you for your time. based on what we know about the health care bill, how will the relationship changed between you and the patients you see every day? >> it will change dramatically. when we have to see a huge volume of patients because so many are uninsured and doctors will not be able to take care of them, so there'll be a higher volume of patients. our reimbursements are going to go down, which means we're really going to have to see more patients to cover the costs of just maintaining a practice. as a result, people are not going to be able to get those long visits and the one-on-one time with their physician like they get now. we have to do something in the reform bill but they insist on passing. we have to do something to stimulate the physicians and health-care providers and to the system. bill: so what you're saying is that the quality of care will decline, right? >> yes. bill: let me give that to dr. london. do you agree in your own practice that is the fate of your patients? >> i do not. but then you have to look to the big expansion happening with medicaid and which physicians can still afford to be taking medicaid. they are increasing the access and funding to health centers. that is a good thing. this is -- the current state of both these bills is a big boon to private health insurance companies. there is a mandate that individuals will up to purchase private health care insurance. depending on which bill you look at, there is up to $15 billion of tax money going to private health care. i do not agree that it is really changing substantially what happens is day-to-day. we need more primary care physicians. they're trying to increase funding towards that. bill: if you're taking in 30 million more americans, you need hundreds of thousands of more doctors to keep up with supply. doesn't she have a point of the quality could suffer? frankly, there will not be enough physicians in this country. >> there is already a shortage of primary-care specialists. that is an issue, and it is not being addressed. but the same people are still getting care, but they're getting a very extensively through emergency rooms and other ways. so yes, your point is well taken, we will see a shortage of primary-care people. bill: let me come back to that in a moment. is there something in this that you like, that you think will improve health care for americans across the country? >> yes, i like the fact that the insurance companies will not be able to deny people with pre- existing conditions and that there should be more ability for people to get insurance if they're in between jobs, which is obviously a huge problem with this economy right now. i do like that. i think that is important. but you know, we have to remember that when we are saying that we're going to regulate private insurance companies and decrease their premiums, that means insurance companies will not be able to make enough money to provide resources to pay for people's coverage. it means that we're going to increase people's copays, and we will have to expect people to pay out of pocket for expensive treatments that insurance companies will start to refuse to pay. bill: what robert gibbs is saying is that this is the competition we need. what is it in the end? is a competition against insurance companies or are the insurance companies getting a hand up because so many people love to buy policies? >> think they're getting a handout because if you look the restructuring, it is similar to something that added a 4% cost to every premium. if this has medicaid money, that funding, these will all go broke. so that there will shrink again. ibill: you both raised very good points. i appreciate you both coming on today. after the new year, i would love the two of you to come back. >> absolutely. bill: will continue the debate. thank you. patti ann: she prayed for her husband's life, asking god to send a side he would be ok, and she says he delivered. the signal from above and the christmas miracle that she says kept her husband alive. patti ann: a stunning true story of a christmas miracle. a woman prayed for her husband's life five years ago and asked god to send a sign that he would be ok. a white christmas in their texas town of mcallen on the border with mexico, and how it all happened is in this book. he joins us now. this started with a man's health crisis. what was it? >> david was in his late 40's. he had been told he had an enlarged heart, that his e.f. rate was only 15 to 20. the normal was about 60. they said if you did not get a heart transplant, you will die in a matter of months. patti ann: his wife said she did not like the idea of another person having to die for her husband to live. >> it was very conflicting for her. she wanted to pray for her husband to get a heart transplant, but she did not want somebody else to die. so she just said, god, i would just like to have him healed completely. send me a sign. it was just before christmas, and she really believed that it was happening. it was a basic belief that she had. she said, god, i want a sign. i wanted to snow on christmas day in mcallen, texas. patti ann: right on the border with mexico, and it had not snowed in at least a century. >> yes. you can imagine the joy when on christmas eve morning, one of her daughters still doubt that it is snowing. she ran outside and saw the snowflakes falling on her head. and the next morning, she got up and all the children came out and said, let's make a snowman. that was the first godwink. she prayed for it, and it happened. that is how it happens to all of us. we sometimes do not think that our prayers will be answered, but we have to believe, and she did, that it will happen. he went back to houston. the doctors looked at his report. it was 15% to 20% a few months before. and the doctor could not believe it. it was normal. he said, you're no longer sit and you live for a very long time. patti ann: node transplant needed. >> node transplant needed. he was in the normal -- no transplant needed. he was in the normal range. patti ann: you call this a wink from god. you have written several books about this. you have so many of these stories. how can people find out more? >> that whole story will be on facebook.com/godwinks later today. the two of them will be on " fox and friends" on christmas eve morning. it is a wonderful and uplifting story. the message is that your prayers can be answered. we have to believe. patti ann: thank you so much, and merry christmas. bill: in a moment, meet a special said the clause that is not quite like the rest. how this one is -- need a special santa claus that is not quite like the rest. you will like this. . patti ann: two emt's are suspended without pay for refusing to help a pregnant woman who collapsed before their eyes. she is now dead, along with her baby girl. to was working at a coffee shop in brooklyn, new york. a pair of first responders came in to buy a bagel. she had a seizure, and the officers walked out, singing to call 911. mayor bloomberg exploded when asked if it was employee burnout. >> they were sitting there having coffee. how could they be burned out? they are human beings. patti ann: witnesses said that the two emt's came in all the time. bill: i would suggest that is the wrong question to ask. you think? seven minutes to the hour. there is a volunteer program that allows children to use sign language to speak directly to santa. phil keating is our saint nick around here, and he is there live. has this been done before? >> not really, not with this organizational order. this is something that's surprisingly has not been available for deaf children in the united states over the past existence of the country. so they have to use the parents, then go to the shopping mall, then talk via sign language, and then they would actually communicate with santa. the guy who started this works for vrf.org, a video service that helps deaf people take care of things like paying bills over the phone. he had the idea that, you know what, deaf kids deserve this ritual as well, and it is all about communicating. >> i wanted to give deaf children an opportunity to have their wishes heard and seen. this way, they are able to talk directly to santa clause instead of going to the mall and depending on their parents to tell them what they want. >> he had two deaf parents growing up and is also a part- time comedian, and he said all those years as a kid, he would tell his parents he wanted an atari video-game player by sign language, but he always just got slapped. bill: how often is santa taking the wish list? >> there is a japanese action figure that all the kids are going crazy over. they're volunteering, and there are a lot of deaf adults who never got to do this ritual. now they are dialing up every day. bill: i am sending you a pair of socks. thank you, buddy. bill: a cool story. sticking to a personal tradition of donating toys and even buying new ones and giving them out. listen here. >> it makes me feel very good. >> she is determined not to lose. she says, mom, it is bad for us, but we have a roof over our head. it is worse for other people. we have to do this. we have to do this.