the air force. they have both been away from their little boy. so that was a beautiful reunion. and a merry christmas for everybody. thanks so much for watching today. i'm alisyn camarato. >> the real story with gretchen carlson begins now. fox news alert. i am gretchen carlson. president obama officially signs up for obamacare. according to the white house it's only symbolic and he gets to keep his old plan. the military will continue to care for his health. meantime, many americans trying to sign up on website today have been finding they can't. instead, getting the message that it's just too busy and they have to wait in a so-called queue. now today's deadline has been extended through tomorrow. yet another delay. to accommodate the high volume and supposedly different time zones across this nation. chief white house correspondent ed henry live for us in washington. ed, yet another last-minute delay. it is so confusing. what can you tell us?

>> reporter: that's right, gretchen. another delay. they're stressing, you won't be surprised, within the administration that this is not a big deal. that it's a small tweak. and that it does not mean that you can start signing up tomorrow on the 24th. instead, they say, it just means if you get thrown into the queue, you get thrown into line today, and you can prove you were already in line if it gets delayed past midnight, you can finish the job tomorrow and still have health care coverage on january 1st. they say. here's the statement from a cms official saying, quote, we recognize that many have chosen to make their final decisions on today's deadline and we are committed to making sure they can do so anticipating high demand and the fact that consumer mace s may be enrollin multiple time zones we have taken steps to make sure that those who select a plan through tomorrow will get coverage for january 1st. of course, the key here being that today, the 23rd, is the deadline for you to sort of complete the enrollment process in order to make sure you have insurance on january 1st. be but, again, this last minute tweak raises more questions

falling on the last week's last minute tweak on catastrophic plans as to whether or not folks will have that insurance on january 1st. >> another question you and i have talked about a lot over the last few weeks. when will president obama sign up for obamacare? well, it apparently happened over the weekend. they just announced it. what is the significance of all of that? >> he did it in hawaii and he did it over the weekend, officials say. but he did not sign up for the hawaiian exchange. he signed up for the d.c. exchange because technically he lives there at the white house. as you say, this is really just a symbolic move. they wanted him to do this to show, look, he can go through the process. he can show that, you know, you can get on to the website and deal with it. although they haven't released any photos or anything to show whether or not the president himself did it. here's a statement they just put out. quote, as you all know, the president is one of the 85% of americans who gets his health insurance through his employer. like previous presidents is privileged to receive health care from the military. the act of the president signing up is symbolic since the president's health care will continue to be provided by the

military. now, they added that he signed up for one of those bronze plans. of course, though, in the end it doesn't really matter because that's not how he's going to get his care, gretchen. >> yeah. you bring up a lot of interesting questions which we're going to get to in just a moment. thanks so much, ed. merry christmas. we want to hear from you. what do you think about all of this? you can, of course, always go to my facebook page and let me know there. here with more right now, guy benson, fox news contributor and political editor of townhall.com. guy, real quick, so many questions about the president signing up for it. where are the photos of the president signing up? where are the video cameras being allowed into actually capture him going to the website? and why did he do it on, well, almost the very last day? >> good questions, gretchen. first of all, merry christmas. >> merry christmas. >> it's great to be here with you. it is a very symbolic event. there's no real meaning here aside from the president saying, look, i'm signing up like anyone else. i think the fact they waited to the very last minute was a pr push. they are trying to get these last group of people who've been

it. this is a news hook, we're talking about it. maybe that's part of the thought behind it. why there are no photos of videos of the president doing this, you'd have to ask him. i think the press has been rather concerned and engaged in some consternation about access to the president and to decisions being made in the white house including with photos recently. that's another question for mr. carney. >> yet again we have this -- more of a delay today. it's even hard to figure out. okay, so if you actually went to the website today and you started, then i guess if you get into one o f these queues then you actually have another day. because you can't actually sign up today. i mean, mass confusion and chaos. where do americans end up on this today? >> i think that's the question that americans are asking themselves. that's the real political problem here for the white house. there is confusion. there is concern. and that's just among the people who are actually doing this. how many americans the day before christmas eve really have obamacare and signing up for it at the top of their to-do list? tomorrow the queue, you know, spills over into christmas eve. people are getting ready to do a

lot of really busy things with family coming over. >> the other thing is they've seen so many delays happen that maybe they don't feel the pressure that something will actually happen to them if they don't go to it. the other thing is, just because you sign up doesn't actually mean that you have coverage. >> right. >> right? nobody's really paid -- not very many people have paid premiums. >> we don't know what that number -- there's so many numbers that we don't know. we don't know what percentage of these risk pools are made up of the young, healthy people that they need to make them sustainable. we don't know that number. we don't know the percentage of signed up or enrolled people who've actually paid that first month of premiums which is required to actually be covered on january 1st. we've heard estimates. 10%, 15%, 20%. but we don't really know. you know, they've extended that deadline, too, to the 10th of january for people to actually pay. signing up the deadline is today/tomorrow. does that mean you select a plan in the cart? does that mean you check out? these are questions people are asking themselves. they don't know the answers. >> so with all these unanswered questions, if you had a crystal

ball and we come back after the first of the year, what's going to happen? >> there are going to be people who think that they've signed up who have not. now, they'll have this extended period until march to sign up. but if they experience a health emergency, thinking that they've signed up but, in fact, on the back end they haven't paid or there's some sort of glitch or there was flawed data, they are going to show up, ask for care, contact their insurance companies. and their insurers will have either no record of them or won't have enough details to have them actually signed up and truly enrolled. that's a real problem. and then the other political problem this white house is going to have stems from last week's delay. where they delayed the individual mandate for millions of people whose plans were canceled because of obamacare. >> almost 6 million people. >> if you're going to delay the individual mandate, which according to every poll is deeply unpopular with 70% of the public, there are going to be questions if they get that delay, why don't i? what about the previously uninsured people? what about every american? even some democrats are starting to make noises about that. >> i have a feeling that you and

i are going to be talking about chaos and confusion when i see you after the first of the year, guy. >> i think you're probably right about that. >> wish it wasn't so. it may be. merry christmas. happy new year. >> you, too. meantime, the pentagon is moving additional marines and aircraft from spain to the horn of africa to provide embassy security and help with evacuations from south sudan now. a pentagon spokesman says the commander in africa is preparing for any requests that may come from the state department. four u.s. troops were injured saturday when gunfire hit three military planes. they were helping get americans and other foreign nationals out of the area. >> we've got a considerable number of people that we are mandated to protect. and we're doing that to the best of our ability at the moment. >> a couple hundred americans are still in south sudan. defense official says the extra forces will bring the total u.s. troops there to 150 with ten aircraft. new developments in the controversy surrounding the benghazi terror attack. an attack the obama

administration initially blamed on protests over an anti-muslim video. that position was pushed by then national security adviser susan rice when she appeared on "fox news sunday" and other news shows just days after four americans died. >> what sparked the recent violence was the airing on the internet of a very hateful, very offensive video that -- that has offended many people around the world. >> well, now susan rice is united states ambassador to the u.n. tells "60 minutes" she has no regrets about that appearance or the others that she did. >> i don't have time to think about a false controversy. in the midst of all of the swirl about things like talking points, the administration's been working very, very hard across the globe to review our security of our embassies and our facilities. that's what we ought to be focused on. >> joining us now bhmickael kay former uk ministry of defense adviser and international analyst and my guest in the studio.

great to see you. >> how are you? >> what do you make of this appearance on "60 minutes" last night? she said it was under false controversy. that she wasn't even going to really give it any more thought than that. was that a slap in the face to the four americans who died there? >> yeah, i think it was actually. i think even just a small admission of responsibility and remorse might go some way to ameliorating what happened. we need to focus on what the core problems actually were. ambassador rice was just the spokesperson. she's the jay carney, if you'd like. >> she shouldn't have even been the -- she shouldn't have not even been the spokesperson. technically maybe secretary of state hillary clinton. >> exactly. that's the person who is responsible -- ultimately responsible for the threat assessment. she's ultimately responsible for putting u.s. forces or security detail in place given what the threat assessments are. she's also the person responsible for allowing the consulate to operate in an

ungoverned space, which it was in libya, a year after gadhafi was deposed. and she's also the person that has her fingers on the levers in terms of triggering a noncombatant evacuation operation when the lives of ambassador stevens and his team were endangered. i think for all those responsibilities, she's the person that we need to be directing the accountability at now. >> let's listen to susan rice about why hillary clinton did not go on those five sunday talk shows. here's susan rice. >> she had just gone through an incredibly painful and stressful week. secretary clinton as our chief diplomat had to reach out to the families. had to greet the bodies upon their arrival at andrews air force base. if i were her, the last thing i would have wanted to do is five sunday morning talk shows. >> so she's giving an excuse there, mike, as for why secretary of state clinton did not go on the talk shows. do you agree with her on that? >> no. i think it's the secretary of

state. when you take up the role you assume a certain responsibility. one of those responsibilities is accountability. making sure the communication strategy is properly played out given the significance -- >> you know a lot about that. you have experience in making sure people are safe in situations like that. or at least that you're calculating the risk, right? >> absolutely. it all goes back to what the risk assessments were. i personally have been involved in civil contingency planning for hot areas all around the world on behalf of the uk government. what that means is you go in and you look at the threat assessments and you advise back to the uk government on what the situation is like. if you're in any doubt in terms of the safety of the diplomats and the uk civilians that happen to be in these countries, then you take the appropriate action. it's quite clear, what we can say right now, is that we do have the evidence and we do know that the risk assessment was woefully underestimated and it resulted in the loss of four lives. i think there's a bigger picture at play here.

only time will tell but if we assume ambassador rice was the fore guy in all this which allows secretary of::to not only be no, ma'am international airported for the policy in 2014 but if she actually wins there might be a gift of secretary of state coming the ambassador's way for the role she's taken now. >> really. many people thought she might have been the next one. she isn't now. many people believe because she did go on those sunday talk shows. >> three years in politics isn't a long time to wait for secretary of state. >> you're right about that. merry christmas. happy new year. coming up oen the show, a new obamacare problem affecting folks who'd already signed up way ahead of the deadline. why they may not be covered now. the massive data breach at target. remember that? what banks should be doing to make sure this kind of thing doesn't happen again. what's wrong with the credit cards in the united states? we'll get to the bottom of it. a community coming together to remember the victim of a deadly school shooting. what folks did to pay their respects. right back. >> it helps them to know that there's literally probably thousands of people that have, you know, been thinking of them and praying for them over this time.

family, friends and fellow students are remembering claire davis, the colorado student shot by a classmate earlier this month. the 17-year-old died saturday at the hospital where she had been in critical condition. claire davis was the only person wounded in that shooting. many gathered outside the school yesterday to remember the 17-year-old senior and pay their respects. >> obviously, this has been a tragic event for the community. it helps them to know that there's literally probably thousands of people that have been thinking of them and praying for them over -- over this time. >> decided to say a prayer for her family and it's hard being close to christmas. >> investigators say it appears davis was shot at random and the gunman who killed himself was likely targeting a librarian who

escaped unharmed. meantime, as people sign up for health care today, people in oregon who believe they have enrolled are being met with this robocall. >> if you have not heard from us by december 23rd, it is unlikely your application can be processed for january 1st insurance coverage. >> well, less than half of oregon's 65,000 applications have gone through. after mass problems plagued its online exchanges, its glitches forcing thousands of people to sign up actually using pen and paper. joining me now, political panel, julie raginsky. and david winston, president of the winston group. good afternoon to both of you. great to see you. >> hi, happy monday. >> good afternoon. >> happy monday. julie, let me talk about just this one slice of the pie. this is just oregon. granted, they had some of the biggest problems in their initial rollout. how about this robocall? now if you signed up and you get this call and they're telling you, hey, you just go elsewhere, what is the so-called elsewhere? >> i don't know.

it's kind of a feat to do the day or two before christmas. >> it's coal in your stocking. >> beyond coal in your stocking. pretty much a trip to the emergency room for health care by january 1 if you don't have other access to it. look, i have not made excuses for the federal health care rollout. i won't make excuses for this. obviously these people should have had their act together by now. places like california, kentucky, new york state for that matter, other states with state health care exchanges have done a much better job of getting their people signed up that want to sign up. oregon's had problems from the start. the people that are in charge there should be just as, you know, embarrassed about it as the federal health care. >> here's the thing, david. i have a friend in connecticut. by all accounts, that state exchange is running relatively well. she signed up three weeks ago. and she's got no information on how to pay the premium. today is december 23rd. people go away for christmas and the new year. so she will be covered or january 1st or she won't. times her by the thousands of other people who don't know. >> what you're running into,

what you're describing is a problem that's existed here all across the board. nobody has any sense of any real hard numbers. you know, for example, did 5 million people lose their insurance as a result of what occurred or, as the white house says, it's only a couple hundred thousand. how many people have actually signed up? your situation in oregon, people who thought they signed up suddenly getting this robocall that p perhaps they didn't. i have to say this is an example of just massively inept implementation. in contrast, right, apple in one weekend managed to sign up 9 million people for telephones, right? these websites can't even figure out how to do 60,000. there's a real serious problem. >> the real sad part is health care is a lot more important than the iphone. although some people might disagree with me on that. >> talk to a teenager about that. i don't know. >> for people's future, i think they would pick health care. let me move on to this. this is an even bigger question, julie. can president obama recover from an indisputable rocky 2013? yes or no? >> i hope so. i don't know. it depends on how 2014 looks for

him. look, even senator coburn of oklahoma, a staunch opponent of obamacare, says the health care exchanges will eventually work and work well so republicans need to take another tack. as for obama, he needs to -- you know, look, obviously there have been a lot of self-inflicted wounds. not the least of which this whole health care rollout which has been a debacle and for supporters like me has been an embarrassment and obviously should be an embarrassment for him. i would strongly urge him to get his people and act together and move on. >> can we move on from this, david? in the polls, i mean, his numbers have gone down incredibly fast. can he recover? >> he's at this really critical moment, okay? because of the way this clearly -- his signature program has not worked, people are sort of re-assessing other policies as well. now what they're sort of getting to before this, he was the solution to the miserable right track, wrong track. the sort of negative attitude people had about the country. now all the sudden people are assessing maybe his policies are the cause of that. this is a really important inflection moment for this

president in terms of how does he handle that and how does he move forward. >> very interesting. julie, david, have a fantastic monday. thanks so much for coming in. >> merry christmas. >> merry christmas. thanks. they put their lives oen the line for our freedom. now hundreds of thousands of vets facing some very tough financial times this holiday season. why? and what's being done to help them? plus, new developments in the "duck dynasty" controversy. what phil robertson is saying now about the comments that got him suspended from the show. plus, we want to hear from you about president obama's rocky 2013. do you think he can recover? tweet me @gretchencarlson. use #therealstory. we'll read your comments at the end of the show. right back. avo: the volkswagen "sign then ive"

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the suspended patriarch of "duck dynasty" says he's sticking to his guns. that's according to the daily mail. there are reports phil robertson broke his silence over the weekend to say he will not back down to controversial comments he made to "gq" magazine. some regarding race and some regarding homosexuality. cracker barrel pulmoed "duck dynasty" items from its shelves only to quickly put them back after customers complained. the show current lly pulls in 1 million viewers. no word yet if a&e will reinstate robertson. they fought for our countries but hundreds of thousands of vets are facing tough times this holiday season. right now they're getting housing and food assistance. but times could get much tougher. jennifer griffin is live for us at the pentagon. great to see you, jennifer. how is it that active duty u.s. troops can actually be on food stamps? that's really going to be shocking to so many people. >> it's a good question, gretchen. the pentagon says the number is small. usually involves the most junior

troops with large families. a soldier's basic pay is $18,194. well below the federal poverty line. the center on budget and policy priorities, a nonprofit thunk tank, says nearly 340,000 veterans received public money for housing and 900,000 veterans live on food stamps. we recently spoke to some of the nation's wounded being treated at walter reed at a bonfire on a farm run by the nonprofit trucking for troops. they explained their financial hardship. >> for these guys to say i need to go on food stamps is like getting these guys to admit defeat. >> i know some who go through food pantries because they're too proud to file for food stamps. >> about 5,000 active duty troops out of an estimated 44 million americans receive s.n.a.p. or food stamps. about .01% of those receiving food stamps across the nation, according to the pentagon, gretchen. >> who's filling the gap, then, for these families?

especially over christmas time and the new year? who's helping them make ends meet? zpl. >> it's really nonprofit groups such as trucking for troops and operation home front. both began after 9/11. they rely on donations. operation home front helps pay rent, electricity bills. recently they've filled grocery bags for military families in the d.c. area who needed help. they expect many more requests in light of congress's decision to cut military retirement benefits. >> we've really been shocked since 2008 to see the growth in the number of requests for food assistance. since 2008, when the economy really started going south, we've seen a 400% increase in the number of requests for food assista assistance alone. >> president obama recently suggested paring back military pay raises from 1.8% to 1% a year as part of budget tightening. which means groups like operation home front and trucking for troops, gretchen, will need to do even more. >> wow. thank you so much for bringing that to our attention. merry christmas, jennifer.

see you soon. a former nfl cheerleader getting a stadium wide salute. we'll tell you about her decision to put down her pom-poms and join the army. after millions of shoppers had their card information hacked at target, a new report says part of the problem could be outdated technology right in your own pocket. our business panel weighs in on the credit card controversy. it all has to do, guys and ladies, with the swipe thing, right? come on in. mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote.

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welcome back, everyone. time to check stories making headlines for you. a tour bus loses control on a california highway east of los angeles. 38 passengers trapped inside the bus by a jammed door until rescue personnel got them all out. no one seriously hurt. court action for former new england patriot aaron hernandez in the murder case against him. he's in court right now for a hearing on the defense claims that the d.a. office vie lathed a gag order jeopardizing his right to a fair trial. former basketball star dennis rodman wrapping up his trip to north korea. he's not going to say whether or not he actually met with the leader kim jong-un. the two striking up a friendship when rodman first traveled to north korea earlier this year. despite big gains this month on wall street it's been a tough year for small businesses. many mom and pop shops were stuck waiting to learn how

obamacare would help or hurt their budget and wondering when the sluggish economy in the beginning of the year would finally turn around. what does 2014 have in store? joining me now is our biz panel. kate rogers of fox business. simon constable, columnist at "the wall street journal." ari zoldan, ceo of quantum networks. let me start with you, ari p p you can come at this from a small business perspective. what were the challenges of 2013? >> i think first it was banks and lending. i found out -- i found out in the beginning of the year it was really tough for banks to be able to open up their doors for credit fa similarities. towards the end of the year, i'm seeing right now that things have loosened up a bit. but issues with insurance and hirie ining talent has still be major obstacle. >> health care was such a big issue. they did get the delay till 2015. did that extend pain and uncertainty? >> it extends uncertainty. this administration keeps being

uncertain. now we learn there's an extra day to enroll. there's absolutely no certainty. you have no idea whether next week everything is going to be scrapped or whether everything's going to be reinforced or whatever. the banks are adding to that, too. >> yet, kate, the market has been doing well. >> it has. >> it looks like hiring is up. new construction starts were up. so what does that all mean as we move forward? >> as we move forward, again, like we've touched on here, health care is huge for these small businesses. so there will be concerns going into 2014. but at the end of this year, 56% of small businesses said in a recent poll that they would be hiring in 2014. i think that's one bright spot amidst all this uncertainty we've seen. >> all right. let's move on to the next topic. because i bring my credit card that i'm going to hold up like this without showing the numbers. specifically because of the swipe here. now, this is apparently how our credit cards in the united states still work. but is it outdated technology that led us to the problem at target last week where 40 million americans potentially had their credit card numbers

stolen in the old fashioned swipe machines at the stores? simon, let me start with you on this. i know in europe, frankly all the rest of the world, right, has a digital kind of a system? what's the difference? >> it has a chip. basically, it sends an authorization code, a different one for every transaction. it's encrypted. it sort of rotates it so you can't just take that and use it again once that encryption, that code is -- >> why don't we have it here? >> well, i think it's because the banks have no incentive to deal with this. there's relatively few banks. we've got less and less banks. they can just pass on the losses to the consumers. >> if there's fraud they just charge more to you and me if we go to the store? >> basically all of us combined. that's a big problem. they also know if they lose everything, if they're completely wiped out, the government will bail them out. >> you have a safety net, too. so americans could be relatively comfortable, the big banks, the institutions could be comfortable knowing that, well, we have the fdic. >> maybe not anymore. 40 million americans apparently had their credit card information taken.

>> also 1 in every 16 had their identity compromised. 1 in every 16. >> kate, what's the answer while we wait for these supposed changes to credit cards? which are going to be very expensive for the companies but might keep our security and our information more safe? should people just use cash? >> that's what one analyst told me here. cash might be your best bet. in the u.s. we are so heavily reliant on credit. that might not be an option for some people. as simon brought up, using your debit card isn't that safe. you could have all your cash wiped out. when you use a credit card you do have some insurance there because you can call up your company and say, hey, i didn't purchase those shoes or that jacket or that car or that ring. they may give you some of that cash back. >> what about online shopping? because so many people now, myself included, do a lot of shopping online. is that considered, ari, to be safer? or being in person? >> i think online shopping is actually safer than handing your business card or your credit card over to somebody at a cashier. a lot of the online companies and the banks, online banks right now are beefing up their security. people aren't going to stop shopping online. it's only going to inkroo es.

it's up to the institution, the e-commerce sites to be able to start beefing up their security and making people feel more and more comfortable that they can do these transactions online. >> and you should check -- >> simon? >> you should check your statement every month. you shouldn't just look at the bottom thing. >> there's a little fight at our house about that all the time. i like to check. some people don't. i'll leave that to your imagination. business panel, good health in the new year. good to see you. >> business health. coming up, violence breaks out over some limited edition air jordans. have you seen these shoes? >> reports of fistfights at shoe stores across the country. who's responsible for the injuries? and the damages? could the store be responsible? our legal panel weighs in. a touching message from beyond the grave. a mother's gift to her husband and children years after she died. [ sneezes, coughs ]

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that was the only thing left of the house. the only thing. red cross helped us and they've literally got us back on our feet. huge outpouring of love just going, "people care." we didn't come out of there saying, "wow, we lost everything!" we came out of there hugging each other, glad that we were okay.

it's time to check in with john scott in for shepard smith. john, you're doing double duty today. >> that's right, gretchen. and we love it. thank you. is the world's greatest superpower running out of steam? that's what critics of the obama administration are asking. they're pointing to the growing list of challenges overseas. the anti-american outrage in india after the arrest of an indian diplomat in new york. israeli leaders have slammed the u.s. negotiations with iran. and then there's russia with a symbolic slap to the u.s., giving asylum to the nsa leaker edward snowden. the administration supporters say it's rising to the challenge of an increasingly complex world. we will break down both sides. find out what it all means for our nation's role in this world. coming up at the top of the hour from the fox news desk. gretchen? >> john, thanks so much. here's what america is clicking on today.

charles ramsey has a book deal. he's the neighbor who spotted amanda berry while eating his big mac, sparking the rescue of berry, her daughter and two other women in cleveland held captive inside the home by ariel castro. jennifer lawrence beating out miley cyrus for a.p.'s entertainer of the year by just one vote. the annual survey goes to editors and news directors across the country. congratulations. peyton manning setting a new record for touchdown passes in a season. did you see this game? reaching 51 as he helped -- so exciting. he helped the broncos clinch the afc west. he has an amazing season going. moving on to this. sneaker mania sweeping the country once again. it's getting rough out there. watch this. >> really? a fight breaking out at a finish line store. this is in california.

all this over the latest edition of air jordan sneakers. reports of similar incidents here in new york city in the bronx. unfortunately, it's not the first time high-priced sneakers have whipped fans into a frenzy. who's responsible for keeping these events under control? time to bring in our legal panel. doug burns, former federal prosecutor. lis, there's so many questions about this. aside from stupidity of people getting into fights like this -- it's happening -- there was actually a shooting, too, as a result of these shoes. 185 bucks. air jordan retro gamma blue. i guess they're a hot item. >> they're a hot item. >> who's legally responsible for this? >> normally you would say a store would not legally be responsible. they're just putting out these goods. in limited quantity. that's one of the reasons customers are going crazy over them. here, when as you mentioned, it's happened again and again and again, i think there's real liability on the part of the story. >> really. what would they supposedly do so they weren't legally

responsibility? >> you would know they're coming out. know those shoes are coming out. know there's going to be fighting in the streets, basically. then you say, all right, we're going to open the doors this time to this time. so many people are coming, that's it. you have guards there. you do something more than just let the mayhem happen. >> do you agree? >> it's hard to hold a store liable for what we call premises liability when all they're doing is opening the doors to sell a product. however, what lis is saying, i don't necessarily disagree, is if you know or reasonably should know that's the test, that there's going to be some kind of problem, then theoretically you could start getting into liability. >> let's say somebody gets shot in the store as a result of this. >> right. >> then that person's family or that individual could then sue the retailer now? >> the retailer, even the manufacturer. this could go way far back. if you know or should have known, again, foreseeability on the part of the retailer and the maker, the manufacturer. >> there's no law for stupidity of the people and how they're treating each other? >> look, the point is, you

shouldn't really be responsible for the criminal conduct, right, assaulting, punching, of others. >> that's the criminal side. >> you could say this was not foreseeable to us. the counterargument is, yes, it was. it happened before and so on. >> let's see what the company has to say. here's a statement from the company that makes the air jordan sneakers. consumer safety is of paramount importance to us. we continue to work with our retail partners to share best practices and refine our launch process to improve the buying experience for our consumers. did a lawyer write that? we encourage people wishing to purchase our products to do so in a respectful manner. does that get them off the hook? >> i don't think so. >> notice. >> notice what? >> what's missing is any language about foreseeability. reasonableness. >> of course they're not going to put that in there. >> of course lawyers wrote it. because they want to be careful. >> the lawyers aren't going to admit to liability in civil action. gretchen, you got it right as well. the criminal aspect, the stupidity aspect of it is still there. that's on the people who are involved in this. >> i agree. >> not the retailers and the

manufacturers. >> moving on to this story. a family, a horrible sad story, battling a california hospital now to keep their daughter on life support. the 13-year-old suffered cardiac arrest due to complications during a routine tonsillectomy. the hospital says she's brain dead. a judge today appointing an independent expert to examine the teen. should the hospital give in to the parents? doug, let me start with you on this. the family does not want to believe that their child is dead. we can all probably -- we don't want to be in that situation. we can probably relate. >> absolutely. >> they go to a judge to get a temporary restraining order friday. it expires today. >> yes. >> what happens? >> well, now, first of all, the determination of brain dead, i'm not an expert on that obviously, i read up on it a little bit. they touch your cornea, see if there's any response. inflict pain or pressure. see if there's response. they determine whether there's brain activity. >> "they" being several doctors. >> several doctors. in virtually every jurisdiction, good point, it's more than one physician. here they said, your child's

brain dead. you made a great point. a, they don't want to accept it. b, they haven't had enough time to even process this possibility that they're child's dead. so they go to court. the hospital to their credit said, look, we agree, have had independent experts look at it. i don't think there's any question but the judge is going to continue the order. >> how long can you continue to do this temporary restraining order? >> it could be weeks. it really could be. by the time you get in maybe the second doctor, third doctor, you've got to have doctors coming in saying probably very unfortunately and sadly the same thing. >> why wouldn't the hospital want to keep her alive? they're obviously going to face a wrongful death suit. >> huge wrongful death suit. absolutely. >> is there a play in that at all legally, why they would want her to have the life support taken off? >> increased suffering on the part of the parents. the longer she's on life support, the longer the emotional distress and suffering goes on. >> i don't think there's too much to be read into that. i think basically they had two physicians who said she was, in

fact, brain dead. i think the normal procedure at that point is to take the person off artificial life support. then the parents -- this happens very often, apparently. parents say, wait a minute. don't do that. they're going to sort it out. it's really sad. terrible. >> this happened on friday when she went in for a routine operation that we take our kids in for all time. this is now monday. they had no time, as you said rightly, to process this. i think the hospital is right in trying to work with the judge in saying let's keep this going. get all the independent assessments we need. there could be ten in there. get it done. >> doug and lis, great to see you both. coming up, one stupid would be gas thief. wait till we explain what happened here. plus, an nfl cheerleader goes from the football field to the battlefield. when she comes home, her team gives her a hero's welcome. that's coming up. >> there are some commonalities between them. both are stressful and require you remain composed under situations that make you a

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welcome back. gas heist goes up in smoke. >> the flames are underneath the car. the car is on fire. the car is on fire. what's the license plate? >> police say this man parked next to a truck, stole a gas can from the truckbed. he was smoking when he started pouring the fuel into his car and the gas ignited. the flames burned his clothing, his hair, not to mention his vehicle. he is charged with criminal mischief, criminal burning and

theft. she went from giving the chiefs to getting them. an nfl cheerleader turned u.s. soldier returned home to a here radio's welcome honored by the eagles for her two tours in afghanistan. jonathan hunt is live here with us what do you know? >> you got to love this story. it's an amazing woman doing extraordinary things. look at rachel washburn, just a few years ago. pretty much on a whim. she decided to try out during her freshman year at drexel university as a cheerleader for the philadelphia eagles. she made the squad and stayed on until 2009. a few years later she is wearing this uniform. she was attached to a special ops combat union in afghanistan. her task to win the hearts and minds of afghan women, a role in which she excelled, even helping at one point to deliver an

afghan woman's baby in the middle of a snowstorm. >> us understanding the culture was imperative for us. if we didn't understand that, we would have never been able to create the bond with the women we needed to to accomplish our mission. >> rachel washburn is a first lieutenant in the army, she served two tours of duty in a g afghanistan. she was honored with the hometown hero award at last night's eagle game. she said sheleader that were, i useful on the battlefield. >> there are some commonalties, both are stressful and require to you remain composed under situations that are a little uncomfortable. >> washburn has about a year left in the army, but she says she may sign up for a few more years. she is a true inspiration and inspired the eagles on the field last night who crushed the bears, which is never a bad thing. >> bat irs.

they got killed by the eagles. great story. a husband brought to tears bay message from his wife, which he got two years after she died. >> after i was thinking about my last months on earth, i told david my wishes, after i was gone that i believed he followed through with the attitude and courage i know he possesses. >> this is an amazing story. it will bring you to tears as well. we'll bring it to you next. doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is! ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup.

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common side effectslude nausea, trouble sleeping and unusual dreams. i had to qt smoking to keep up with this guy. [ male announcer ] ask your doctor if chanti is right for you. . we love to end the show with good news, here's a story to touch your heart. as a husband gets a chre from hd away. brenda schmitz lost her battle with ovarian cancer two years ago. she asked that her letter be read on air at a radio station only when he fell in love again to give her approval to his new

fian fiancee. >> i have a wish, for david's new life-long partner. a day, a week of pampering. make her smile, and know her efforts are aappreciated from me. thank you, i love you, whoever you are talk to me, you are heard. >> that was root host reading that letter. through local sponsors, two more wishes are being honored. aside from a spa day for david's new fiancee, they are giving her doctors and nurses a special dinner and the family a vacation to disney world. we told you at the top of the show, the president did sign up for obama care but no photo. ron said he should have been

first if it was so good. and it's just a publicity stunt. i'm gretchen carlson v a fantastic monday. john scott is in for shepherd smith today. he will take over. first from the fox newsdesk, today's so-called deadline for millions of americans to sign up for obamacare is not a deadline at all. fox has confirmed that the obama secretly made another change to the deadline, one that pushes it to christmas eve. the "washington post" was the first to pick up the story. it reported that government officials quietly made the switch in part as a safety net in case the last-minute rush is too much for the system to handle. tech teams have worked around the clock to improve