>>shepard: well. and police are charging a man with attempted murder after plowing the pickup truck into the front of a convenience store. we will talk with the good samaritan nurse live who stopped to help. the house passage bill to extend the payroll tax cut but democrats in the senate say it has zero chance. it is all about washington politics one more time. a live report coming in. plus, man alive, playboys' lindsay lohan back in court. a judge finds something that lindsay lohan is good at doing, cleaning floors at morgue. that is all ahead unless breaking news changes everything. this is "studio b" first from fox at 3:00, we're america's election headquarters. with a day to go until the fox news g.o.p. debate, there are new signs the republican race fort presidency remains very much up for grabs. a poll out today shows the foam house speaker gingrich is down from 37 percent to 31 percent over the past week. and mitt romney holding steady in second place but voters appearing less supportive of spe

>>shepard: looking forward to it. the parents of a 17-year-old girl are now suing after their daughter died following dental surgery. the details on that ahead. and the death of a college marching band member sparking growing investigation across two states on hazing. our legal panel will breakdown the if you lawsuit. and we are getting word of a last minute deal on capitol hill. an effort to prevent another government shut down. what it means. and the fight over the payroll tax cut is ahead unless breaking news changes everything. this is "studio b." fox news is america's election headquarters and we are counting down to the last debate before the first republican presidential contest. the candidates are set to take center stage in a matter of hours right here. clearly it is five hours and 58 minutes. high stakes face off in sioux city after a week of pointed attacks between the candidates locked in a volatile race. we have seen a parade of frontrunners and the former massachusetts governor romney and former house sp

>>shepard: really? it is my sense that the vast majority of the folks out there either don't remember all the newt stuff or have not been tuned into the newt stuff and it seems like from looking at the polls the more they hear the more the numbers go down. time will tell but that is how it looks. >>guest: but the commercials are doing newt the worst hurt and those are being done by ron paul, so, why think yesterday's debate, really, hurt gingrich at all but the commercials are starting to take a toll. >>shepard: you mention ron paul there is a chance that he is in the running to win iowa. what is your sense of what that means. >>guest: his performance last night was very weak and i think his polling is slipping and i believe that romney could even take iowa and if he takes iowa he will take new hampshire and newt has a dilemma. bypass new hampshire or go straight to south carolina in light of the strong endorsement of the of go of south carolina to romney. >>shepard: on the matter you just mentioned, if

servicemen and women. 30,000 were wounded, shepard. >> shepard: wow. the president didn't speak there but did speak later. >> he did. his aides said the ceremony wasn't about him. it was about the troops who served in iraq. he didn't speak there. later he showed up unannounced during jay carney's briefing and referred to the ceremony saying the people who had put their lives on the line in iraq were counting on congress to do the right thing about the payroll tax cut. here is a bit of what he had to say. >> put politics aside put aside issues where there are fundamental disagreements and come together on something we agree on. let's not play brinksmanship. the american people are weary of it they are tired of it. they expect better. the president said lawmakers on capitol hill could learn something from the men and women who served in iraq. shep? >> shepard: indeed they could. wendell goler at the white house. wendell, it's nice to see you. thanks so much. a lot of questions following the death of the leader kim jong il. who is in control now. what's u

>>shepard: quite a lot. by blocking the temporary extension the house republicans are going against members of their party in the senate and taking political heat from inside the going but they want a one year deal or nothing at all. >> two chambers of the the congress. the house of representatives and the senate. the senate only produced a two mobile. the process is to sit down and resolve the differences. we are here ready to work. >>shepard: the issue is whether to pay for the issue by spending cuts or raise taxes on the wealthiest, what congress has been fighting now, for, for the entire year. mike? >> we know president obama called both house speaker boehner and senate majority leader harry reid today and we are told he made that very point. the message from the white house, to house republicans they should take the deal. >> the ball is in the house's court. there is a compromise available, an avenue out of this blind alley, if you will, they have driven themselves into. and it is the senate bill. vote

>>shepard: randy, you say "don't talk." >>randy: don't. talk. >>shepard: but he did. what do you thing of what gary giordano said? rain he is out of his mind. why are you tugging on superman's cape? why would you say aruba, sure, go there to be involved in human trafficking and drug smuggleing. why give him most vision to barbecue? why not give all of the other prosecutors out there, well, here is a new lead? i agree with the birthday boy, it was insane for him they do it. shut up. lay low. wait for the next person to screw up and thank god you are in america. >>shepard: some lawyers enjoy the cameras. >>randy: not on our own cases. you do not do it on your own cases. >>shepard: some do. >>randy: you do not eat your own supply or talk on your own cases. >>shepard: but a lost lawyers do. >>arthur: you are correct. so you try to check your ego at door. i contacted american express and spoke to a representative, about this type of insurance, and this type of insurance covers you for a death in the course of transportation, airplanes, buses, taxis, to and from it does not

shepard? >> shepard: david lee miller live near penn state. a fox you are -- urgent on the payroll tax fight that's underway now. the breaking news is the house of representatives just passed legislation extending that tax cut. but it's not a done deal. frankly, it won't be. remember, this battle will effect how much we americans get paid and tonight republicans and democrats are accusing each other of playing very dirty tricks with all of our paychecks. plus, what doesn't our federal government regulate? i mean, think about it. tonight, a new proposal from a federal government regulation imploring the states, all of them, to make it illegal to text message while driving. to make it illegal to talk hands free while driving anywhere in america. is it plausible? is it policable? is it on point or is it outrageous over control? tonight, the journalists of fox news will report so you can decide. i'd like one of those desserts and some coffee. sure. cake or pie? pie. apple or cherry? cherry. oil or cream? oil or cream? cream. reddi-wip us real dair

>>shepard: mike, thank you. the bosses in major league baseball have been trying to put the steroid issue behind them. mvp. changed all that. the national league's mvp tested positive for performance enhancing drugs and now the latest on that case ahead. [ male announcer ] at scottrade, we believe the more you know, the better you trade. so we have ongoing webinars and interactive learning, plus, in-branch seminars at over 500 locations, where our dedicated support teams help you know more so your money can do more. [ rodger ] at scottrade, seven dollar trades are just the start. our teams have the information you want when you need it. it's another reason more investors are saying... [ all ] i'm with scottrade. >> we are here for mark the end of the war and honor the sacrifices of all throws who made the day possible and to turn the page and begin a new chapter in the history between our countries. >>shepard: the president meeting with the iraqi prime minister as 6,000 remaining u.s. troops in iraq prepare to l

i'm shepard smith. this is "studio b." it's the bottom of the hour, time for the top of the news. the death of north korea's dear leader kim jong il could present a brand new challenge to white house diplomacy. the nuclear nation keeps a very tight lid on any information about its military and weapons program. u.s. officials say the country already test-fired two short range missiles less than 24 hours ago the white house reports president obama spoke with counter part around midnight saying the u.s. will not abandon its friends in the region. >> we have reaffirmed our unwavering commitment to the security of our allies south korea and japan. >> shepard: keep in mind our military is already stationed some 75,000 troops there. many of them right on the border between the north and the south. wendell goler is live at the white house for us. wendell, let's start with what we know about the north korean military and nuclear arsenal. >> there were talks expected this week on the program. basically tha

shepard? >> shepard: wendell goler at the white house. thank you. joining us now is nicholas burns the former state department under secretary and u.s. ambassador to nato. he teaches diplomacy and international politics at harvard's kennedy school. sir, good to see you. >> thanks, shep. good to be with you. >> shepard: tell us how to think about. this. >> you know, we know very little about the internal workings of the north korean regime and it's a very mysterious situation. i think that this is unpredictable times. kim jong un may very well take power it may be on a de facto basis there are other figures who have a greater amount of power. sitting tight is very important. expressing strong support for the south korean and japanese government as both president obama and secretary clinton have done this morning. they have done the right things in doing that making sure that the north korean leadership understands the strength of our alliance with south korea and japan any kind of adventurism. any kind of military action would be absolutely beyond th

>>shepard: oh, nellie. chris i bet by the end of the season harvard will be in the ncaa and mississippi may not be. >>arthur: ohhhhh ... >>shepard: i've enjoyed cornell's run last year, i don't know about harvard business. hope everything goes well for you and the family this weekend. chris i know you will be right with me on sunday morning. >>shepard: not anymore. the u.s. military centralling u.s. military -- that hurt. that hurt. >>randy: below-the-belt. eat tha. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth! selling fishcakes from the back of his truck, and in 1942, of course, they were sent away. after the war, as a japanese coming back from camp, he started a little store on main street in seattle. of course they needed some money, and bank of america was the only bank who would talk to my father. and we've stayed with bank of america. we have four stores now,

>>shepard: that is true. the problems in greece and spain are nothing compared to what could happen next in europe. coming up the warning for some of the world's biggest economies and what it could mean right now in the united states. plus, did one of the companies involved in the worst offshore oil spill in the history of the united states destroy evidence of what went wrong? and the countless lives lost. we owe it to them to protect funding for cancer research, prevention and access to care. congress, make cancer a priority and give millions of americans what they need most. ♪ ♪ [ male announcer ] everyone deserves the gift of a pain free holiday. ♪ this season, discover aleve. all day pain relief with just two pills. >>shepard: the united states will not use taxpayer money to bail out europe. we learned today from secretary geithner. he is in germany. part of a trip to meet with european banking officials. secretary geithner denied federal reserve had any plan to lend money to the eurozone but we hav

here is shepard. >>shepard: the news begins the s anew, on "studio b" today major changes for the postal service. no more overnight delivery for one. and much more. how the overhaul could affect everybody. plus, a u.s. spy plane, a drone, missing over iran. officials claim they shot it down. they could be backtracking. the pentagon has thoughts on this. and more drama for the troubled country singer mindy mccready due in court today after running off with her young son last week. that's all ahead unless breaking news changes everything. this is "studio b." but first from fox at 3:00 the former house speaker and g.o.p. presidential candidate gingrich met with the businessman and reality t show host donald trump. according to several iowa opinion polls, speaker gingrich is the latest frontrunner in the g.o.p. nomination and the iowa caucuses are weeks away, the speaker agreed to take part in a trump moderated debate ahead of that vote. candidate huntsman and ron paul rejected this. and karl rove said th

>> shepard: no doubt. now, some republicans say they don't want to extend this tax cut no matter what. >> well, that's right. some suggest it hasn't worked. it hasn't had an impact on our economy. others are worried about spending money that is supposed to go towards social security and others suggest what if this turns out to be a tax cut that needs to be renewed year after year after year. here is republic congressman jeff flake on that. >> a lot of us said we shouldn't be doing that because we will be in this place next year having to do it again because nobody is going to want to raise people's taxes. that's where we are. i said it not to say i told you so but a third of those people in the room weren't here last year at this time when we made that decision. >> so the reality may be republic leadership cutting a deal with their democratic counterparts. that will require a lot of democratic votes to get this done. there is still a lot of squabbling days until christmas, shep? >> shepard: mike emanuel on

>> shepard: jen, thank you. we have new details on the botched gun tracking program called fast and furious. some of the men who blew the whistle on that operation say the feds are punishing them for speaking out. a live report on that coming up. plus, when donating old clothes, remember to take your life savings out of the pockets. i'm just saying. and on a sad note tonight the evangelist billy graham has been admitted to the hospital. we have an update on his condition. that's coming up. wait a minute...i... [ laughs ] [ male announcer ] the lexus december to remember sales event is here, but only for a limited time. see your lexus dealer. >> shepard: evangelist billy graham went to the hospital this morning to undergo tests for pneumonia. according to his spokesman the 93-year-old preacher was admitted to mission hospital in asheville, north carolina, in his six decades in the ministry, billy yam has -- gram has packed stadium since harry truman. lately he has suffered from a number of age-related conditions.

shepard? >> shepard: big numbers. bankbank of america today a blok butter said to pay a huge fine related to country wide. some of its practice is on lending. >> that's right. the justice department announced a 335-million-dollar settlement with country wide which is now owned by bank of america and the largest fair lending case in history. >> these allegations represent alarming conduct by one of the largest mortgage lenders in the country during the height of the housing market boone. for example in 2007, a qualified african-american customer in los angeles borrowing $200,000 paid an average of roughly $1,200 more in fees than a similarly qualified white borrower. >> country wide was accused of charging minority home buyers those higher fees and higher interest rates or staring them to subprime mortgages when they could have qualified for regular, cheaper prime mortgages. shep? >> shepard: peter barnes live with us from washington. thanks very much. the head of the cia has said that the next pearl harbor could be a

. >> shepard: shep it is december. nice to see you. a push to ban nuclear power in the state of california. that could leave millions of people in the dark and cost taxpayers billions of dollars, we're led to believe. voters may have to decide if the risk outweighs the benefit. that's coming up inside fox report. with the capital one venture card we get double miles on every purchase. so we earned a holiday trip to the big apple twice as fast! nner! [ garth ] we get double miles every time we use our card. and since double miles add up fast, we can bring the whole gang! it's hard to beat double miles! i want a mace, a sword, a... oww! [ male announcer ] get the nture card from capital one and earn double miles on every purchase, every day. go to capitaloneom. i wonder what it could be?! what's in your wallet? >> shepard: if the feds can't find a permanent storage solution for nuclear waste. california could lose one of its most reliable power sources. that's the warning from antinuke activists now working on a ballot i

>> shepard: nice chunk. apple is celebrating a big victory today that has to do with the iphone, et cetera. >> that's right. the international trade commission has ruled in favor of apple in a patent dispute with a smart phone company in taiwan named htc. apple had charged that htc stole some of its technology and htc by the way uses the competing google android software for its smart phones. now the agency has banned imports of some htc smart phones starting in april. speaking of senator phones reuters reporting tonight research in motion which makes blackberries has turned down takeover overtures from amazon.com because rim wants to try to fix its problems on its own. >> shepard: overdue. peter barnes for us tonight. thanks. the cosmetics company proctor and gamble has pulled mascara ad taylor swift. it touched up the photo. here is a print ad in question. there is even some fine print there that says "lashes enhanced." of course that didn't stop an industry watchdog group to pressure proctor and gamble fr

>> shepard: mike emanuel on capitol hill. the presidential candidate newt gingrich says if it were up to him, judges who make controversial rulings would be subpoenaed even arrested. and gingrich says in his opinion it's based on what the founding fathers would have wanted. details and the response from critics, including those in his own party coming up. and the mother of a missing toddler says she has had some questions for the little girl's dad. that's ahead from the journalists of fox news on this monday fox report [ male announcer ] in his eyes...a race needs no finish line. ♪ in her eyes... the world is never too big. in his...the weather should never keep you inside. ♪ because they see no limits, there's eukanuba nutrition designed to help their body go as far as their mind wants to. eukanuba. extraordinary nutrition for extraordinary beings. see the difference in 28 days or your money back. forty years ago, he wasn't worried about retirement. he'd yet to hear of mutual funds, iras, or annuities. back then, he had

take a look, shepard. we are dealing with temperatures like 7 bolder, 20 in albuquerque, 29 in dallas, 26 in kansas city. ahead of that cold front that's where we are seeing warmer than average temperatures in new york city at 52. >> shepard: i will say. it doesn't feel like december. out west the winds are kicking up again in the los angeles area. >> we still have wind advisories posted for southern california, shepard until tuesday. certainly not the wind event that we saw last week thursday and friday where those pictures are just incredible. and we saw wind gusts in excess of 100 miles per hour. of course, thousands of people were without power. national weather service does have wind warnings up until tuesday where they have wind gusts in excess of 60 miles per hour below the mountain passes and red flag warnings are up. but, again, certainly not the event that we saw last week but people are advised to be careful. back to you. >> shepard: janice dean thanks so much. nasa scientists say they discovere

i'm shepard smith. this is "the fox report." it's the bottom of the hour. time for the top of the news. after nearly nine years of roadside bombs and sniper fire and suicide attacks, the end of the war in iraq is finally in sight. that's the message from president obama today as he praised our service members at a visit to fort brag in north carolina. as you know, the last u.s. combat troops are scheduled to leave iraq on december 31st, 4500 service members have died there. including more than 200 from fort brag alone. the president hailed what he called an extraordinary achievement. >> all the fighting and all the dying, the bleeding, and the building and the training and the partnering all of it has led to this moment of success. iraq is not a perfect place. it has many challenges ahead. but we're leaving behind a sovereign, stable and self-reliant iraq. >> shepard: the president went on to say that the war has, of course, been the source of great controversy. but today the arizona republic sen

: i'm shepard smith. this is the fox report. it's the bottom of the hour, time for the top of the news. just 90 minutes now until the final debate before the caucuses in iowa. the nation's first presidential contest less than three weeks away. a live look at the stage now. it's big. there the republic candidates are about to face off one last time right here on fox news channel. and as i reported at the top of this newscast, a new poll indicates the race is getting closer in iowa. mitt romney, newt gingrich, and ron paul in the statistical dead heat and tonight's debate their last chance to go one-on-one before iowa voters caucus it out. "fox news sunday" anchor chris wallace will be one of the ones asking the probing questions and playboy's chris wallace is with us tonight. chris, it's great to see you. how are you? >> you know, shep, this has all the excitement of an ole miss harvard basketball game. it is really very exciting here. i will tell you, and i know it's an old cliche but it's like before a h

and "studio b" with shepard smith starts now. >> shepard: the news begins anew on "studio b." things heated in the g.o.p. race plus donald trump and his big announcement. police on the scene after a teenage girl texted her family saying somebody kidnapped her and locked her up in a basement. now investigators say she made it up and she's facing charges. the former new jersey governor jon corzine tries to explain the mystery of a missing $1.2 billion. all of that unless breaking news changes everythingn "studio b." first. that top secret u.s. spy drone that apparently accidentally landed in iran is now the property of the iranian republic and the military figured out how to control it. the government president, mahmoud ahmadinejad, said he has zero plans to give it back. as you probably know the unmanned spy plane malfunctioned. the u.s. military didn't know what happened to it and to the horror of the pentagon and c.i.a. is showed up on television in iran. as it's pretty much intact. no way to know whether they figured out how to fly it after it landed more than 100 miles insi

. >> shepard: nice to see you. you'll be bad, sadly. we've been telling you how our taxes are going up if lawmakers can't cut a deal on the payroll tax break. the response from washington, talk of hostage taking and government shutdown. be very afraid! the latest from capitol hill coming up plus our blago, my goodness. i wish he could fly like he used to before prison. gets more time on the outside before reporting to prison. so maybe he'll fly between now and then. our judge's new order against our blago next. this is "studio b" at fnc, nice to have you in it. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain... two pills can last all day. ♪ >>> the former penn state defensive coordinator for football faces more tha

i'm shepard smith. he is brad ass 87 and facing justice from the military that he is acould you seed of trying to betray. the army private bradley manning charged with giving hundreds of thousands of secret documents to wikileaks. reportedly down loading them on to a cd or ripping them on to it. a cd labeled lady gaga he called himself brad ass 87 online. his real name bradley manning. now is he facing 80 charges including espionage and aiding the enemy. he turns 24 years old tomorrow and could spend the rest of his life in prison. could. today's hearing to decide whether manning will face a court martial. his lawyer says he wants a new judge our chief intelligence correspondent catherine herridge is in the d.c. newsroom tonight. the defense claims this judge is biased against the client. >> that's correct. claiming that the judge has a serious conflict of interest. when he is not in uniform his day job is at the department of justice with a sex crimes division and the justice department is considering

i'm shepard smith. this is "the fox report." it's the bottom of the hour. time for the top of the news. and with just days left, until the nation's payroll tax cuts expire. the u.s. house of representatives is going into overdrive. the majority leader eric cantor has warned that starting today the house will not adjourn until lawmakers have completed all their work. and the senate majority leader harry reid has said the senate won't call it quits either unless and until the payroll tax is extended and all squared away. make no mistake, this bit of business will have a very real impact on each of our bottom lines. because if the lawmakers can't get this deal done our january paychecks are going to be somewhat smaller. live for us on capitol hill. mike, there is a big vote tomorrow it would appear. >> that's right, shep. the house will take up a republic plan to extend payroll tax holiday. republicans argue its components will create tens of thousands of new american jobs and provide relief to at l

ernestine shepard. >> local kids is feeling the joy of your generosity. for the 13 years you have answered the call and donated to it's kindertime toy drive. . >> reporter: we say move that bus, or wal-mart truck. are these santa's little helpers or the men and women who protect them serve. law enforcement and fire agencies from across the state know the importance of giving back. >> there was an opportunity for me to join them and show my christmas spirit along with theirs. >> reporter: campaign to share holiday cheer. the annual kindertime toy drive continues to honor the men and women who have died in the line of duty. it seems like -- this helps stay here that much more powerful. for the mack family, it's been a tough road. mom is very thankful. >> lot of miracles happened here. each and every single day. it's an experience you will never forget. >> just come and help out and go to see the kids and take them toys to them, you will never forget it. it's hard to stay away from it. >> reporter: in downtown baltimore preston, abc 2 news. >>> the toy drive

i'm shepard smith. fox news. >> trace: an astonishing news year. if you have an iphone you probably know those batteries don't last forever, right? there is big news tonight. reports that apple's developing new technology that could power your phone for weeks with no need to recharge. and that's next i took some stees in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor. numbers don't lie. my cholesterol's stayed down. lipitor is fda approved to reduce the risk of heart attack and stroke in patients who have heart disease or risk factors for heart disease. it's backed by over 19 yes of research. [ femalannouncer ] lipitor is not for everyone, including people with liver problems and women who are nursing, pregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if