will lag behind improvements in the economy. for those out of work, the job market is all that matters. it wasn't all bad news. mostly but not all. >> for one thing the revised figures from the labor department showed the economy created 4,000 jobs in the month of november. that's the first gain in almost two years but on balance as you say the news at the labor department this morning is about as chilling as today's wintry weather here in the capital. let's start with the underemployment rate. this includes the unemployed people, those part-time workers and discouraged workers just giving up looking for work. that total figure offer seen as a more reliable gauge than just simple unemployment numbers, that's at 7.32%. up .1% in the month of november and hovering at a 15-year high. >> just compare it to for us. >> as we wait at the east room of the white house, 2009 is fully on the books. we know the economy as a whole cut 4.2 million jobs in 2009 and the average unemployment rate for the year was 9.3%. only contrast that with 5.8%, almost 4 percentage points lower and the 4.6% jobless rate we had in 2007. overall, shep, the u.s. economy lost over 8 million jobs since this great recession began two decembers ago. >> i know they're in there doing an audio check now. >> once again the president prepares to speak in the east room of the white house. we expect he's going to tout a plan to create as you mentioned tens of thousands of so-called green jobs. he's gonna use tax credits which will be underwritten by stimulus funds. the idea is to give small businesses tax credits to train workers, let's say you have an electrician, train him to become proficient in the installation of solar panels, that sort of thing, shep. >> thanks. as we wait for the president, new today the shipping giant ups is announcing it will be cutting 1800 jobs. that's what brown can do for you. we're told the cuts will affect folks working in management and administrative positions. it will apparently be a combination of volunteer separation packages and layoffs. the company reports it's making the move to streamline its small package division here in the united states. the economy's obviously a huge story and over at www.foxnews.com you can have your say the way things are going. the big question is president obama's $800 billion job stimulus working. check on that side of things. we'll check on the results later in this hour. the feds say he tried to kill nearly 300 passengers when he reportedly tried to blow up a detroit-bound plane on christmas day. but today the nigerian born so-called underwear bomber pleaded not guilty. six counts, attempting to use weapons of mass destruction. he tried to detonate an explosive device shortly before the plane landed. the white house stepping up airline security. he pleaded not guilty, but it's gonna be a long way here without bond, right? >> yes. currently he's cooperating with being held without bond. originally you'll remember that today was supposed to be a bond hearing. then the indictment came down yesterday, superseded all of that. but today what his defense attorney said is that they were going to concede to continued detention which essentially means they're not challenging it at this particular point in time. shep. >> we heard reports that this guy's family might be there. were they? >> it doesn't appear so. there were some folks that the u.s. marshall service was assisting to get them reserved seats in the front near where the defendant was seated. but it appears at least a couple of those folks were from the nigerian embassy, wayne state university's law school here and a couple other folks we haven't quite nailed down who they are. but we understand that the family was not present in court today. >> what about the demonstration outside while the arraignment was happening inside? >> pretty sizeable demonstration happening. started about an hour earlier. folks described themselves as muslim-americans. folks vehemently anti-terrorists and passionate defenders of their faith and home country. have a listen. >> you want us, we're here. we're on camera. you wanna kill us. here's a bull's-eye right here. come kill us because we're americans, we're muslims and we're against you. >> there you have it. that was a sense of what it was that was going on here. folks are saying that terrorism is not islam outside the courtroom where an islamic nigerian is being charged with a terrorist act. >> that's good stuff to see. there was an article in a column this morning, new york times i believe it was, how muslims are going to have to solve this thing and listen how to do it. that's the kind of thing i think a lot of people have been waiting to hear for a long time. >> i think you're correct. and these folks were very vehement how much they detested the linkage of islam and terrorism and that they were challenging terrorists around the world to come and get them. if they wanted to attack somebody, they needed to attack them making themselves visible and potentially putting themselves in line of fire they're rhe -- theoretically. >> president obama ordered a substantial overhaul of airline security as well as an overhaul how the u.s. intelligence community shares information. the president said we had information that could have prevented the attack but nobody connected all the dots. the president's top adviser said they were shocked al-queda had become operational in yemen. how's that going over? >> well, i talked to many people in the intelligence community who were somewhat surprised at that declaration because as you know al-queda has been a presence in yemen a good long while. many of our viewers may have remembered the attack on the uss cole that left 17 soldiers dead. al-queda yemen has gone through two phases, that early phase in 2000 and with the help of saudis got rid of al-queda in yemen in 2005. it's gone through a resurgence. experts said that could have been on the minds of the bush administration and on the radar screen of the obama administration but not sufficiently enough to lay down the kind of detection system that sort of filters through u.s. intelligence that should have been there particularly after the fort hood massacre. many links established there and they believe the administration should have been much more aggressive processing any intelligence data mentioned. mentioned yemen and everyone traveling through and associated with al-queda operatives in yemen as the suspect in the christmas attack, umar farouk abdulmutallab, did. some intelligence experts say this is a bit of a falling down in the administration' part. the president said it was a failure. this is one aspect of it. >> increasing the focus on yemen, do some people believe this should have happened sooner? >> this is all part of the same sort of conversation. i think the intelligence from the outside is having. when the c.i.a. said yesterday, releasing a statement to the director after the president spoke where it was increasing its focus on yemen and africa, the analysts i talked to said, wait a minute, yemen's been on the screen quite some time. what the c.i.a. was trying to get at, the peninsula in yemen, not only active there, somalia but with this case was able to persuade someone in nigeria, bring them to yemen, get them on a plan and that sort of suggests a regional component. across the entire maybe northern africa and expanding that focus and the intelligence-gathering is now top on the c.i.a. and the national counterterrorism center's agenda. >> major garret at the white house. a 29 degree afternoon. several legal questions surrounding the prosecution of the christmas day terror suspect. a look at his defense next. new arrests in connection with another terror investigation. a suspect with possible links to a man already accused of trying to blow up trains in new york. our legal panel weighs in on both cases and we're waiting for the president. they're running a few minutes late. he'll talk today about money to go for creating new jobs and money to go for small businesses. it's a very busy hour in studio b. upbeat rock. ♪ singer: hello hello hello can anybody hear me? ♪ ♪ i know i know i know i shoulda gone to ♪ ♪ free credit report dot com! ♪ that's where i shoulda gone! coulda got my knowledge on! ♪ ♪ vo: free credit score and report with enrollment in triple advantage. aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. also available in small, easy-to-swallow petites. citracal. we're back with more on today's not guilty plea by the suspect in that failed christmas day bombing of northwest flight 253. the feds charged a 23-year-old nigerian man with attempted murder and attempting to blow a plane out of the sky. with us now arthur adala and drew fendling as well chilling down in atlanta. drew, where do you begin with this character? >> well, i think a good starting point is that this is being handled in the eastern district of michigan, detroit. i've litigated plenty of cases there. and you have to understand that post-9/11, there's not an area in the united states where both the federal defense and the prosecutors are handled more terrorism-related cases. so we're going to see a very literal bench and bar there. clearly that's the decision not even to try for bond because there is no chance at bond. they're gonna explore the issue of cooperation. i know some say there's no chance of it but let me tell you something, the federal system is based, shep, on cooperation. it is the only way you can move down in terms of what kind of sentence you can get and there's no doubt the government wants to know this individual's connection potentially to al-queda or another terrorism group. so they'll be working on that and his defense attorney no matter what he says in the public will work on his client to see whether he wants to cooperate with the government to somehow potentially reduce his sentence down the road. i think that's the starting point. >> arthur, you cooperate if you're on the other side of that equation? >> as a prosecutor, obviously the value here is getting information. this guy isn't osama bin laden. he's not at the top of the totem pole. they're going to squeeze him as much as they can to get whatever they can out of him and obama's top people have already acknowledged that's their strategy. they've been working with the justice department and all going to try to promise him something less than life in prison. which, shep, come on! all right, instead of giving them life in prison, they're going to give him 50 or 60 years. they're not going to give him 20, we know that. right, drew? unless they take him to where osama bin laden is, do you see them giving him less than 30 years? >> in the federal system he's going to be working with a lot load of time because they're going to charge him with attempting to kill every person on that airplane. arthur is correct that he's looking for a ton of time. what's significant is both from the prosecution standpoint and the defense standpoint is that it did happen in detroit. because, again, there's nowhere outside of new york city where they're more equipped to handle this type of case. even though they're sending people in from justice, the u.s. attorney's office in detroit is completely equipped to handle this type of case. >> shep, what's key about this case, if you compare it to the shoe bomber, is where the guy on the plane actually tried to kill americans. because this guy, it appears he was clearly in american air space where as the shoe bomber was in international waters which under the newer terrorism statutes in the federal system, actually carries stiffer penalties, death penalty charges because -- >> sorry, arthur. president. president obama and new money for small businesses. >> i announced a significant new investment for making clean energy. i want to give an update on the matter of concern to every american, that's our employment picture. the jobs numbers that were released by the labor department this morning are a reminder that the road to recovery is never straight. and we have to continue to work every single day to get our economy moving again. for most americans and for me that means jobs. means whether we are putting people back to work. and job losses for the last quarter of 2009 were .1 of what we were experiencing in the first quarter. in fact, in november we saw the first gain in jobs in nearly two years. last month, however, we flipped back losing more jobs than we gained. so the overall trend of job loss is still pointing in the right direction. what this underscores though is that we have to continue to explore every avenue to accelerate the return to hiring, which brings me to my announcement today. the recovery act has been a major force in breaking the trajectory of this recession and stimulating growth and hiring. and one of the most popular elements of it has been a clean energy manufacturing initiative that will put americans to work while helping america gain the lead when it comes to clean energy. clear why such an effort is so important. building a robust clean energy sector is how we will create jobs in the future, jobs that pay well and can't be outsourced. but it's how we will reduce you're dangerous dependence on foreign oil, a dependence that threats our security and leave our children a planet that's safer than the one we inherited. as far as new forms of energy will be one of the defining challenges of the 21st century. the nation that pioneered the use of clean energy is outpaced around the world. it's china that has launched the largest effort in history to make their economy energy efficient. we spearheaded solar technology but have fallen behind germany and japan in producing it. almost all of the batteries we use to power our hybrid vehicles are still manufactured by japanese companies or in asia. so because of one of the steps like the one we're taking today we're beginning to produce more of these batteries here at home. now, i welcome and i'm pleased to see a real competition emerging around the world to develop these kinds of clean energy technologies. competition is what fuels innovation. i don't want america to lose that competition. i don't want the energies that yield the jobs of tomorrow to be build oversees. i don't want the way we use energy to be invented abroad. i want the united states to be what it has always been and that is a leader, the leader when it comes to a clean energy future. that's exactly what this clean energy manufacturing initiative will help us do. it will help close the clean energy gap that's group between america and other nations. through this initiative we're awarding $2.3 billion in tax credits for american manufacturers of clean energy technologies. companies that build wind turbines, produce solar panels and assemble cutting-edge batteries. the initiative we're outlining today will likely generate 17,000 jobs and roughly $5 billion or that will leverage in the private sector investments, could help create tens of thousands of additional jobs. at the same time this initiative will give a much-needed fwooft our manufacturing sector by building new plants or upgrading old ones and will take an important step to meeting the goal of doubling the amount of renewable power we use in the next three years with wind turbines and solar panels built right here in the u.s.a. this is good for middle class families, good for our security, it's good for our planet. over 180 projects in over 40 states will receive these tax credits. one of them is tpi composites, inc., based in newton, iowa, one of america's leading wind turbine manufacturers. because of these tax credits, tpi come positive at this time will not only be able to expand a facility, not only build a brands new facility in nebraska, they'll also be able to hire over 200 new workers. it's my hope that similar stories will be told in cities and towns across america because of this initiative. in fact, this initiative's been so popular that we have far more qualified applicants than we've been able to fund. we have received requests for roughly three times as much in funding, 7.6 billion dollars, as we could provide. so that's why as part of the jobs package on which i'm urging congress to act, i've called for investing another $5 billion in this program which could put even more americans to work right away building and equipping clean energy manufacturing facilities here in the united states. in the letter that i repeated tonight -- many of you know i get about ten letters a night that i take a look at. i often here from more thans -- from americans who are facing hard times. can't afford to pay bills, they're worried about what the future holds. i am confident if we harness the ingenuity of companies like tpi composite, we can gain the lead in clean energy worldwide that will forge a future where a better life is possible in our country over the long run. that's a future we're now closer to building because of the steps that we're taking today. thank you very much, everybody. >> the overall -- >> president speaking at the white house, clearing taking no questions. our james rosen was listening in with a headline of his own. >> the president spoke for about six minutes. he vowed to basically use the stimulus funds to bestow on american manufacturers so-called green technologies, wind turbine, solar panels, cutting edge batteries some 2.3 billion in tax credits. he said this will create 17,000 jobs, it will trigger $5 billion in private sector investments into this field and he said he hopes it will double renewable power this country uses in the next three years. the president of course also took note of this morning's labor department statistics about joblessness in this country in the month of december and the year of 2009. he said they are a reminder that the road to recovery is never straight. he said however the overall trend of job loss is going in the right direction. as evidence he cited the fact that the average quarterly job loss dropped from 690,000 in the first quarter of 2009 to 69,000 in the last quarter of 2009, in essence saying that this administration -- he cited the recovery act, the stimulus is a major force in this -- has slowed the rate of job loss in this country by 90%, shep. >> i'm sure has he said why yet? >> they say that in essence we interviewed mike pens, the congressman from indiana, that in essence this administration is failing to recognize that its policies are not working; that we've lost close to 3 million jobs since that stimulus package was signed in february of 2009. and they say that the slowing in the rate of job loss is just a reflection on the resilience of the american economy. >> there you go. james rosen live in washington. good to see you. thank you. the search for a missing infant has taken another bizarre turn. the baby's mother is now accused of kidnapping her own 8-month-old child if you can believe that. taking him across-country trek, possibly giving him away to strangers. it's an are you kidding me? and it's coming up. mmmmmm. mmmmmm. wow! you have got to be kidding me. 80 calories? light & fit has 80 calories versus 100 in the other leading brand. light & fit. irresistible taste. fewer calories. i love light & fit. >> a lot of weird stuff happens on air. sometimes it's dangerous and sometimes just weird. we've got a weird one. and this has just come in. "dateline" colorado springs. apparently there's this air tran flight that's headed from atlanta to san francisco. air tran 39. as the story now goes some drunk guys on there -- there's the route. that's quite a map. good grief. the flight was diverted on the way to california. like we have had it