jon: so, let's be clear, david, they're talking about funding every agency of government, talk, giving the homeland security department a short-term funding do i have that right quick mark >> that's a very ambitious goal, i think we should understand it in the budget a complete budget for every other department but the homeland security department is a pretty tall order, so yes, but that is the goal to minimize the political showdown with only folding the department of homeland security hostage in a sense not shutting them down with telling them they can spend any money on anything new, immigration executive order until early in the new year when republicans take total control and they can make with the hope is a more aggressive move after they have taken charge. jon: there are conservatives, the real conservative members i should say of the republican party who are saying don't give this president anything, unlesss battle this out right now. >> it is a very fine line between, and boehner walk right now. they picked up a lot of seats in the house and senate, struck number of seats in the house right now or will when they come back in january. that is a good problem to have, it means you have a full range of tempers throughout the caucus. john boehner will have to contend with that. nancy pelosi and harry reid have their unified rank because they are so small. i can guarantee you they would love to have mitch mcconnell or john boehner problems. what we will see is john boehner put forth options like this that will tie closely to the principle that got the republicans into power without confronting president obama as strongly as they can on something like the immigration deal where it is clear it is a bipartisan even president obama himself has said in the past doing this is a constitutional overreach to john boehner feels like conservatives have a pretty good ground to stand on to combat that. jon: talking but bipartisan approaches, apparently harry reid on the democratic side in the senate has expressed some openness this idea of funding all the agencies of government long term except homeland security. if harry reid is on board, or republicans naturally going to become suspicious? >> i think that is exactly right, and harry reid does not do anything by accident. you don't get to be a leader in united states senate by acting simply, so he has all terrier motives. he is trying to win some ways set a trap for republicans did he is saying i will accept this, now it is up to you republicans to make it happen. in a few minutes i can let you know ted cruz is going to take the microphones i think at noon and declare he wants a holy war like the government shutdown of two years ago over immigration, he wants to have the 30 or 40 republicans in the house to say this is not a good deal and they should insist on something more aggressive, more confrontational if they don't get it, they should be willing to shut the government down. similar to what he did in the fall of 2013 and the republicans leadership have lived to rue the day. this would be a tough day for john boehner and mitch mcconnell. jon: is the appetite for another government shutdown given what happened after october a year ago? >> they never been very good at that argument, it is probably playing with fire by think a lot they can do short of that. going back to something david just said. harry reid does nothing by accident. harry reid's openness to this plan in stark contrast with nancy pelosi said and will be a stark contrast to anything president obama or the white house would say. harry reid and the white house have not been getting along very well lately. couldn't help but wonder if harry reid was in slightly thumbing his nose at the white house figuring there will be some way down the road to up and republicans if they choose this strategy but certainly not a strategy i don't see how this strategy is one that is good for democrats or good for the white house. jon: harry reid almost lost his seat and is running again for reelection in 2016 so is he trying to prevent a more moderate face to his nevada voters? >> he, harry reid and the democrats still in charge of the senate until the end of the month is a full budget except for homeland security departme department, democrats get a bunch of victories. they're going to get some of victories at the edges and they don't get this done by the end of the year, harry reid loses some power. jon: thank you both. heather: now if fox news alert, weather alert. there is drought that has a big problem in california but now the issue is simply too much rain coming in too fast. a powerful storm flooding roads setting while the fire ravaged communities family to escape the threat of mudslides. live for us in california. how are things looking for people there today? >> we did have a mentor evacuated in place for 75 homes listed last night around 6:00. but voluntary evacuations in place and foothill communities in orange county and send gabriel mountains. the reason for that is of mudslides. they are using basically the bulldozers in front end loaders to keep it clear and sandbags and k rails to channel the mud and water away from homes. >> get the family out, get the dog out, grab the computer and fixtures like you do for a fire. >> if it rains too much too fast, engineers have told us we will probably get 70-100 dump truck loads of dirt at the front door. >> i am north of malibu, west of los angeles, a fire went through here last year and strip the hillsides of vegetation. basically you leave a waxy substance around the soil particles swun swing a topsoil s saturated it literally will slide off the bed rock like hot butter on a plate, and you see where this guy is standing? that little baskets to use in your kitchen sink getting stuff from going down the drain. have to keep it clear and number two is the spillway as well. they have done a really good job of that keeping the cairo and sandbags for the homes. as for our drought, we are in the third year of a severe drought, the driest year on record. we need 150% of average rainfall is endless 23 inches by summer. right now we have about 2 inches so we need a lot of rain. especially in the sierra mountains about 75% of california's surface water comes from sierra mountains north of sacramento's we need a lot of rain, a lot of snowfall to address the drought. the good news is this storm is a good start and meteorologists are predicting we could get a slight el nino this year that means more rain. back to you. heather: we just don't want it to happen too fast. in california for us, thank you. jon: what is next for california? let's ask maria molina. what is ahead? maria: hello, everyone. unfortunately for california we will continue to see these rounds of heavy rain and more snow across the state. we do have the drought conditions in place so we need the moisture but unfortunately getting too much too quickly. heavy rain moving in parts of northern california and that is the snow coming down on the higher elevations, so what is in the future here? thursday and friday, another storm system are writing by the end of the work week producing heavier rain from san francisco northward across northern california. for into the rain possible in some areas generally to north of lake tahoe to the east, you can expect several more areas of rain and a lot more snow as well in the higher elevations. a number of flood watches in effect, like the extended continuing to see more rounds of heavier rain impacting california. here's a look at the winter storm warnings in effect a large a large section of california with a foot or more possible. you get the snowfall, not looking at a flood threat, it is just provides the moisture. the rainfall will be running off very dry conditions out there, that will be a big issue for continuing flooding and landslides and mudslide threat. this is how bad the drought is across california. the worst category exceptional affecting a large part of that state, the state of california under drought conditions and a large section of it under extreme drought conditions. jon: maria molina, thank you. heather: heading overseas now, the fight against isis, secretary of state john kerry meeting with counterparts from 60 nations happening in belgium heading up the first meeting of the global coalition to defeat isis trying to assess how the fight is going so far. live in london today. what is coming out of that meeting so far? >> we heard from secretary john kerry a couple of minutes ago with a press conference following a meeting and had a fairly positive view of the us-led war against isis in iraq and syria. he claimed the momentum of a terrorist has slowed. it happened this morning, something like 60 countries and organizations involved. most significant is the number of arab countries who were involved and also significant, the whole thing was formed in less than 20 half months. here's a bit of what he had to say. >> we have made already significant progress in two and half months but we also acknowledge there's a lot more work you have to be done. >> he did in fact admit anti-isis effort to maybe take years as a coalition has conducted a thousand airstrikes, but as we have seen on the ground may times aircraft's go up don't get anything or miss targets. also praised the work on the ground of the iraq he army citing recent gains, it is definitely, however, a work in progress. they say in the crucial early days iraqi army was doing nothing more than cutting and running. not present at the gathering were iran. iran is a part of the us-led coalition despite the fact last night the pentagon acknowledged the iranian hit isis targets in iraq. now ask about this, he had no comment on specifics but he did say iraq the conflicts the airspace over its country considering who is involved, perhaps backhand admission and longtime foe of america might be back alongside. heather: in london for us, we will talk more about this in the next hour. thanks. jon: attempted murder for hire case heads to court. the woman tried to recruit a guy to kill her from he former husb. will her past hurts the prosecution? and the president who poorly has his nominee to be secretary of defense. so who is ashton carter, and what experiences he bring to the pentagon? and we want to hear from you, do you think the u.s. economy has finally turned the corner? our live chat up and running. get your thoughts into the conversation. jon: right now, new info on crime stories we're keeping an eye on. the woman accused of hiring a heady man to her ex-husband on trial now in connecticut. she is 39 years old this one count of attempted murder. according to the handyman, stevens paid him $5000 to kill her former husband. he says she threatened his family so he recorded their conversation. a juror in jody areas trial deadlocked on a sentence. a new jury set to decide if she gets life in prison or the death penalty. no reason given for letting the dismissed juror ago. a ca candlelit vigil taken place for college student. disappearing in philadelphia. the fbi has joined the search, but there are no new leads. heather: in washington president obama reportedly ready to nominate ashton carter t to n the world's most powerful military as the next national defense. he had experience under president obama and president clinton and seems he could break the walls potentially between the pentagon and the white house. live at the white house today. where are they in the process right now? >> so nothing specific a schedule to indicate a nomination is today. most of the white house is walking a very fine line between say nice things in floating the trial balloons out there without actually making it official. some kind of action. herthere is josh earnest yestery when the word leaked out carter was indeed president obama's first pick. >> he is somebody that certainly deserves and has demonstrated strong bipartisan support for his previous service in the government. somebody who has a detailed understanding of the way the department of defense works. >> if they do indeed nominate carter, he will be getting a job nobody really put their hand out and is a no-win job in washington. they have been at odds with the administration sometimes taking on a very public role in washington in terms of strategy and world events. had been a deputy attorney at the pentagon in years past and was not considered among the most notable candidates for the top job. homeland security secretary all publicly took their names out of contention almost immediately after chuck hagel announced he would resign. as for congressional reaction, senator john mccain got a relatively easy confirmation if carter is nominated referred to him as "the last man standing." heather: keep us posted as you hear more. jon: a two-year ordeal finally ending for american couple. we brought you the story yesterday flying home to the united states and the rest of their family. plus the white house may not be all it is cracked up to be for either party. the surprising price of victory and the upside of losing the presidency. here's some news you may find surprising. we're for an open internet for all. we're for creating more innovation and competition. we're for net neutrality protection. now, here's some news you may find even more surprising. we're comcast. the only isp legally bound by full net neutrality rules. jon: headers both of them yesterday when they were still effectively prisoners. now i american couple on their way home from the persian gulf after they were cleared of murder charges in the gulf nation of cutter. >> and time back on u.s. soil, i cannot believe it. i do not believe that would be the case. jon: the los angeles couple was allowed to board a plane and take off closing out there two years ordeal. there were charged after death of their adopted daughter. the appeals court threw it out and lifted the travel ban against them just now. heather: i imagine after all of this that they have been through? jon: they told you they would not believe it was over until that happened. heather: they had to make a major push to get them home.fqá offices including house, senate, governor and also state house seats. those offices have enormous amounts of influence. larry is the director of the university of virginia center for politics, so why does the party in power have such a hard time hanging on? you have been crunching the numbers. >> yes, when i put these numbers together with my team at the university of virginia, i was surprised at just how devastating it is for the party that wins the white house. they lose house seats, senate seats, state legislative chambers, state posts in the state houses and state senate regardless of party. although president obama has now lost more than any other president in the post-world war ii period. he is dribble the loss of state legislatures. he has lost over 900 democratic party, bush lost a little over 300. george w. bush and his eight years. is there a presidential penalty? we are very president oriented, probably too much so given the founders design of separation of powers. we tend to punish the president's party for his performance. the partisans often don't turn out in large numbers during his terms because they are disappointed with this or that or the other whereas the opposing party is activated by opposition for what the president is doing. it is a disaster for the party that wins the white house so if you win in 2016, celebrate like mad on the night of the election because you're going to have a tough eight years. you will be picking up loads of other offices for eight years. heather: is a president obama, most harmful of all modern chief executives. i wonder if part of the problem is perhaps the overage on the part of policy. lots of folks not happy with the direction of the country and then you saw that with president clinton when he first came into office, hard-core left tried to do hillary care as recall that at the time but republicans capture both houses of congress. >> clinton had one disastrous midterm election in 1994. he did much better in 1998. obama has had two disastrous midterms. no other president has had two midterms merely this bad. that is what has produced the clearing of the bench for democrats. these lower-level offices are the step into higher offices so you eliminate the bench and it is more difficult to recruit candidates to run for higher office. heather: president carter has been bumping for years ushering in reagan and at the same time reagan left his party weaker, and so may tried to be reagan, nobody can even come close. how do you think reagan left the party weaker? >> again, the republicans over eight years lost a lot of house seats, senate seats, not state legislatures. of all the post-world war ii presidents, reagan is the only president that has an addition in any category of office, during his eight years help republicans had a few state which state of seats. that is the only one. all of the others lost seats for their party in every single category since road were two. heather: it is interesting about that all of these cases, you have written about it. if anybody want to learn more they can check out your article. thank you so much, we will be watching. >> thank you, heather. jon: a warning from the fbi on a new cyber attack targeting american businesses and who might be responsible. and we will look at the market as two big economic reports come out this morning. what they say about the recovery coming up. my credit score for free, right? and then you're gonna ask me for my credit card so you can charge me on the down low two weeks later. look, credit karma - oh, are you talking to websites again? 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[ male announcer ] go long™. jon: a quick look at what is still to come. the body of a college student found in a restaurant, unusual place she was found in by police the it could be just a bizarre accident. plus, bullying by salesclerk in the holiday rush. would you should avoid when shopping this holiday season and how it could save you money. and is pregnancy a disability? she was expecting and her date is before the extreme court. what should happen if the court rules yes, it is. heather: let's take a look at the market right now. the dow is up 10 points this hour. two key economic reports showing u.s. businesses hired last month currently payroll processor adp also business coming in labor department reports worker productivity has increased at a slightly faster pace in previous quarter. joining us, lauren simonetti. >> it is all about jobs today. first let's take a look at the market because it is absolutely affecting your 401(k) in a good way. the s&p is up 12% this year and the dow keeps marching closer and closer to 18,000 up 1300 points. in a positive close for the dow gives us the 33rd record finish of the year. as for those reports, the reed and private jobs creation came in at 208,000. a bit below the estimate of the bigger question is how will it compared the bigger number we got from the government friday morning at if the u.s. is adding more jobs, how much are they paying? not sure we are making money but we are at least working more. output and hours worked in trees. that is good news because companies tend to hire when there is more work to be done. as the services sector, it covers retail, construction, hotels, financial services, et cetera. this sector is pretty strong so again the data is decent. we just have to keep looking for wages to go up. consumer spending 70% of total economic activity. heather: thank you. if you're not sure where to find her anybody else in the fox news network, go to foxbusiness.com/channel finder to find out. jon: and new and frightening warning from the fbi on hackers using malicious software to launch a cyber attack against u.s. businesses. after a breach at sony pictures last week malware overrides all data on the hard drives of computers and prevents it from being recovered. joined now by cyber security analyst. when news of this breach at sony first came to light they were talking but sony pictures stored on hard drives that had been released yet had gotten out and i thought this is not a big deal, but when you read more about what happens, it truly is frightening. >> this is a big deal, jon. make no bones about it, this is an attack. they have physically destroyed equipment that's now has to be replaced, they have wiped hard drives clean of information, taken down medication systems. no loss of life but that doesn't take away from the fact this is no different than if they set the computers on fire and burned it down. sony is going to lose tens of millions of dollars recovering from this attack. jon: who is "they"? >> it appears north korea is pump the leading candidate they probably don't have all the capabilities, some chatter might have had help from another nation with geopolitical interests, that would be iran. this was not an attack we want to break in and release movies, this physically took down sony and we know the issue with kim jong-un and the movie coming out, they declared it as an act of war. maybe they thought this was preventive strike on the united states. jon: there is a seth rogen comedy coming out about a couple of guys who get hired to kill kim jong-un, the leader of north korea. they are not very happy about it and the pitcher will be released by sony pictures, north korea has written a letter of complaint to the u.n. about it and so forth. how should the united states respond to something like this targeted at a private business? >> this is a huge policy issue. we have talked to general mcinerney with colonel peters. we are missing a huge opportunity to create an effective policy. you and i have talked before, heather and i have talked about we are the good guys. this is an area we have to start going on offense. somebody in the government has got to come together to say what is our policy when a nationstate comes into the united states and attacks our infrastructure. when do we say enough is enough, critical see that when you hit us, we hit back. that is lacking and emboldening enemies to continue attacks. jon: maybe that is a question you can get in the bloodstream of our elected leaders. thank you. >> you bet. heather: fox news alert, you're looking live at president obama in washington, d.c., making some remarks in front of the business roundtable, a group of some of the corporate america's biggest and one of the issues they will be talking to the president about are the tax extenders some folks have been addressing. that will help produce jobs in the united states, some would argue we need a whole lot more of. begin see his entire remarks on foxnews.com and we will bring you any news as it warrants. police nl eastern country are now searching for a killer after american teacher is found stabbed to death in a crowded shopping mall, so was this a terror attack? the high court taking up a case that could affect millions of americans and here's a question, can companies put a woman on unpaid leave if pregnancy limits her ability to do the job? jon: let's find out what is coming up on "outnumbered" at the top of the hour. what do you have? >> jonathan gruber know obamacare tax, this is another video services where gruber tells how to kill obamacare without repealing it. >> plus, bold, beautiful, unqualified. how does he become investor to a country close to live putin? does being a big obama donor help? >> and banning the red redskinsa high mascot. now at a high school. >> and his name happens to be joe theismann. quarterback washington redskins to a super bowl victory and he is going to be with us at the top of the hour. jon: i cannot wait to find out more about. >> just you wait, mr. man. >> you have to tune in. >> american teacher found stabbed to death the bathroom of a shopping mall. 37-year-old mother of twins was attacked in a public restroom. you can see some surveillance video here. after u.s. embassy warning a jihadist website encouraged attacks against american teachers in middle eastern schools, witnesse with mrs. phys suspects wore a traditional black robe and space cover. police released this surveillance video showing a suspect before and after the attack going into and out of an elevator leaving the mall quickly. police are now karen for the victims 11-year-old twin. what a horrible story. jon: supreme court taking up a major pregnancy discrimination case today. liberals and business owners lining up on each side of the issue involving petty young, former ups driver wh whose doctr put away from it on the packages she can handle when she became president in 2006. young lost her job and her ups health insurance for nine months. live outside the supreme court with more. reporter: they just wrapped up arguments inside around peggy young, a delivery driver for ups back in 2006 when she became pregnant and the doctor said they woul were be limitations hw much she could lift during the pregnancy. according to union contract in place, ups put her on unpaid leave during that time. today the argument brought a lot of protest on both sides and a lot of heat at court today inside and out was all about whether or not the law was meant to be interpreted in a very specific way. ups says we don't give accommodations to anybody injured or sustain some sort of this blog off the job and that is how they consider this pregnancy. while debate if they meant a lot to be interpreted that way and if they should have been protection for peggy young. it has brought together interesting collection of groups because you have very left-leaning progressive women groups and pro-life conservative group to say it was pregnancy should be honored and protected, her job should be protected. business groups say we were trying to follow the law as it was written. as for us, we enforced it as we understood it. we will have a decision soon. heather: what a case. thank you. the campus community is in mourning now after the tragic death of a star gymnast. the college student body was found inside a restaurant and now police are asking why did do you say yes when a store clerk offers you a store credit card? it may not be a good idea despite the fact a lot of people are doing it. more tips for saving money and this season. hey matt, what's up? i'm just looking over the company bills. is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. jon: police are looking into the death of a college student in wisconsin. a bizarre story, her body found at the restaurant where she worked. a senior at winona state university and a star gymnast. restaurant uses a small elevator to transfer food and upstairs level. the opening is only 34 feet square. not designed to carry people. they say she was a leader in the gym and in life. >> her work ethic inspired everybody because she just went all out and gave her all every practice, very compassionate, caring person. a good listener, a good friend, a good mentor. speak a lot of thoughts and prayers and a lot of hogs ge hu. >>jon: police to not have reason to suspect foul play and it appears the death was just a freak accident. heather: let's talk about christmas shopping. have you started yours yet, by the way? jon: i have, and i am unusually early. heather: that could end up costing you. you are checking out at the department store and the cashier tries to give you the hard sell to open a store credit card to get a discount. critics.com found 31% of shoppers felt bullied into opening an account. nearly half regretted it because they say they have already too many credit cards and too much debt on hand. it is hard to save money. national syndicated personal finance columnist. a lot of people cave into that but you say not a good idea, why? >> a lot of people have a lot of debt and don't need another credit card. opening up a credit card can lower your credit score which can cost you later when you go get credit you really need like for a car loan or a home loan. heather: another thing you say is think about the debt you currently have on hand. ask yourself the question, can i really afford all these gifts. >> surveys show people started a christmas shopping as early as september but i instead of doing the list first, look at your debt load. if you have outstanding credit card debt, if you have a student loan or even a car loan and you don't spend any money for christmas because you have to apply the money to getting out of debt. if you have consumer debt, give people good wishes for the holidays. heather: how do you say that is somebody without sounding terrible? >> you are being quite responsible. say i really am passionate about getting my finances together this year so i will not be buying presents, i will be taking care of my financial situation, i love you, come over, have dinner with me, watch a movie at home. heather: i would think shopping early would be a good thing because you can shop around for sales but you say th idea. why is that? >> it is counterintuitive. when you have a lot of time, you buy a lot of stuff and people end up being added to your list. new line to wait until the last minute because then you don't have a lot of time. you want to not do that. you will end up spending more money. heather: and i forget about those gifts. great advice, try to keep some money in our pockets. you got that? jon: don't get the new store credit cards. thank you. some brand-new stories we're working to bring you in the next hour of "happening now." a woman paid $5000 to have her ex-husband killed. the reason the prosecutor says she wanted him out of the picture. our legal panel will take p had and shakespearean villain is back. why historians believe they have found the body of king richard the third. topped with smoked ch, add a crisp, classic caesar salad for a pairing that brings comfort and joy to your dinner table. only at panera bread. . . can jon: fascinating story about the discovery of richard iii's remains. heather: that has implications for the royal family today. see you back here in an hour. jon: "outnumbered" starts now. ♪ >> this is "outnumbered." i'm andrea tantaros. here with us, maris faulkner, sandra smith, host of "the independents" on sister network, fox business, kennedy, and #oneluckyguy, he played twelve season with them, the legendary quarterback, joe theismann. we remind joe, you're outnumbered today. >> i don't want anybody telling me to break a leg. you can say break the other one but no break a leg. >> all caught on video. tough still for everybody to watch that, joe. but great to h

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