Close. This is along sixth avenue. This is live pictures that youre looking at us coming to us outside of fox news hq in midtown manhattan. The mood has escalated in the last few minutes, the protests were peaceful, they began about an hour ago. In the last few moments, pushing and shoving, and as we were coming to air, we witnessed new York Police Officers pulling someone out of that crowd. We believe, could be an arrest, we dont know, all we can tell you is what were seeing as you are looking at the pictures live on your screen at home. The mood in midtown manhattan changing in just the last few moments. Protesters are upset. With regards to the eric garner case. This was the alleged chokehold that officer daniel pantalleo after he was arrested for selling loose cigarettes on Staten Island. New york city mayor bill de blasio came out encouraging unhappy new yorkers to protest, but pled with them to remain peaceful. Were not seeing that happen right now here on the streets of midtown manhattan. De blasio confirming he spoke with attorney general eric holder within minutes of the grand jury investigation and the investigation is underway. I received a phone call from u. S. Attorney general eric holder and u. S. Attorney loretta lynch. They made clear that the investigation initiated by the u. S. Attorney would now move forward, that would be done expeditiously, and it will be done with a clear sense of independence, and that it would be a thorough investigation. And again, president obama just weighing in on the Staten Island grand jurys decision. Listen to this. Some of you may have heard there was a decision that came out today by a grand jury not to indict Police Officers who had interacted with an individual named eric garner, in new york city. All of which was caught on videotape, and speaks to the larger issues that weve been talking about now for the last week, the last month, the last year, and sadly for decades. It is incumbent upon all of us as americans, regardless of race, region, faith, that we recognize this is an american problem and not just a black problem or a brown problem or a native american problem, this is american problem, when anybody in this country is not being treated equally under the law, thats a problem, and its my job as president to help solve it. Former Obama JusticeDepartment AttorneyChristian Adams among our guests here tonight. Two u. S. Corporations and individuals, Jack Kingston is going to join us in just a few moments to give us an update on the vote. It was a critical vote moments ago. Reports the highly publicized bushClinton Family rematch for the white house may not happen because one of the potential candidates is having second thoughts. Former Senior Adviser and deputy chief of staff to president bush karl rove among our guests here tonight. We want to take you back if we can for a moment to live pictures. This is midtown manhattan, were just in the last 15 minutes or so, we have witnessed crowds of protesters converging onto the streets of midtown manhattan. Sixth avenue which runs right near the rockefeller tree, that lighting is tonight, its supposed to happen in one hour from now. They began downtown, other parts, times square, but the protests, remember mayor de blasio encouraged people to protest over the death of eric garner. Let me catch up and this is very much a new york city story. There was no indictment in the death of eric garner. The case that happened on Staten Island several months ago. A Staten Island grand jury voted not to bring criminal charges in the death of eric garner. He died after being placed in a chokehold by a white Police Officer caught on tape. And video weve shown you many times. It was caught on tape. Officer that performed the chokehold Daniel Pantaleo gave testimony to the Staten Island grand jury, an autopsy had been conducted on eric garner by the citys medical examiner and they ruled it a homicide, resulting from that chokehold and the compression of his chest, and in the video you can hear mr. Garner say i cant breathe, i cant breathe. I can tell you from firsthand knowledge because i was watching the protests, many were saying yes, indeed, i cant breathe, they were chanting i cant breathe. Anyway. Im being told that were waiting for any moment now, attorney general eric holder, u. S. Attorney general eric holder, the live shot at d. O. J. Fox news confirming that eric holder is going to announce a civil rights investigation into the death of eric garner. A civil rights investigation that has been confirmed by department of justice official to fox news. Were going to of course monitor several of those that were watching, monitoring whats happening in new york city and, of course, monitoring attorney general holders announcement. Fox confirming there is a civil rights investigation into the death of eric garner. Lets turn our attention to another top story were following for you. 17 states attorneys general filing a lawsuit to stop president obamas executive actions to grant amnesty to millions of Illegal Immigrants. Greg abbott leading the charge claiming the president s move is unconstitutional. Fox news correspondent Casey Stegall is live in dallas, texas with the latest. Reporter good to see you, texas is leading this coalition of 17 states total. 16 states and then one of course being texas. So 17 total challenging the constitutionality of president obamas controversial executive actions on immigration. So this lawsuit was just filed earlier today in u. S. District court in texas, republican state attorney general and governor elect greg abbott believes more states will join in. At issue is whether the president will have full Legal Authority to bypass congress and shield as many as five million Illegal Immigrants in this country from deportation. Abbott says most everyone agrees the immigration system is broken, but says the executive fiat mr. Obama pulled out is not the right way to fix it. He himself is saying she not trying to fulfill the will of congress. Instead trying to enact laws himself because congress will not act. The president does not have that authority. Reporter but the president and his administration have stood by the legality of the executive actions. Homeland security secretary jeh johnson was testifying yesterday before the House Homeland Security committee saying he is, quote, fully comfortable with the executive branch having the authority to implement the executive actions. And im satisfied, as a lawyer, myself, and the person who has to come here and defend these actions, that what we have done is well within our existing Legal Authority. Reporter this slaughtnot seeking any damages, we should point out, instead, theyre seeking an injunction to stop the executive actions from taking effect. This is a rather Large Development to be continued on how this lawsuit pans out. Cheryl. Casey stegall reporting live out of dallas, texas. Thank you very much. Over on capitol hill, the house overwhelmingly voting to extend 45 billion worth of expiring tax breaks through the end of the year. Its just one piece of Business Congress has to address before the lameduck session comes to a conclusion next week. Mike emanuel is live with our report. A huge bipartisan vote. 378 to 46 to provide relief to taxpayers and businesses. There is frustration they cannot do more now. Hard working taxpayers deserve to know whether these tax policies are there year in and year out on a permanent bases. Reporter facing a massive retroactive tax hike house with a price tag of 45 billion. Americas Small Businesses and taxpayers are looking for congress for certainty before they file their taxes in april of 2015. Reporter lawmakers expressed disappointment with another temporary fix. This bill says to the American People that congress is up to its old tricks. Meet the new congress, same as the old congress. Congress says one thing, we need tax reform, but congress does another. Kicks the can down the road. Reporter Senate Majority leader harry reid working on a 10year package with House Republicans which died after president obama issued a veto threat irritating speaker john boehner. The president killed them, period. Reporter reid sounded cautious tuesday about the smaller fix. Take a look at it and see what else they have in the oneyear extension. Reporter for individual taxpayers mortgage debt forgiveness, Higher Education reduction and state and local sales taxes are included. There is extension of r d credit, benefits for renewable sources and credit for hiring qualified veterans. Speaking at the quarterly meeting of the Business Roundtable, president obama favors a temporary extension and eventually something permanent. More broadly, wed like to see if some of the tax extender provisions, including things that i strongly support Like Research and development are incorporated into a broader comprehensive tax reform package. Reporter to do that, the president will need to work in a bipartisan fashion with the next Senate Majority leader, republican Mitch Mcconnell whom he met with privately at the white house today. As for the tax extenders, democrats in the senate prefer alternative plan, with time running short before the christmas holiday, all indications senators vote on the house passed plan next week, cheryl. Mike, thank you very much. Former health and Human Services secretary Kathleen Sebelius is admitting obamacares role that was severely botched. I was a ceo of a big company with an important program, and healthcare. Gov promised to work smoothly, to work like you were buying an Airline Ticket, you know, using your app on your computer and instead it worked like buying an Airline Ticket on a fax machine. Sebelius is rebuffing claims that m. I. T. Professor Jonathan Gruber was integral to the process of creating obamacare. Is he somebody you met with a lot . I did not. I know our staff did and i think he met with various advisers but i did not meet with Jonathan Gruber. Never . You never met him . Maybe in room, a large room, he could have been on a phone call. In terms of small meetings, discussing policy, that never happened. Gruber is set to testify before the House Oversight committee on the series of videos where he claimed obamacare passed thanks to what he called the stupidity of the american voter. Meanwhile, another democrat is expressing buyers remorse over obamacare. Outgoing democratic senator and obamacare coauthor tom harkin telling the hill, quote harkins comments a week after the senates third ranking democrat senator Charles Schumer called obamacare a mistake. We took their mandate and put all of our focus on the wrong problem. Health care reform, but it wasnt the change we were hired to make. Americans were crying out for the end to the recession, for better wages and more jobs. Not changes in health care. One small bit of good news, Health Care Spending in the u. S. Grew last year at a rate of 3. 6 . That amounts to about 2. 9 trillion dollars or 9200 per person. That increase was actually slower than the 4. 1 growth we saw in 2012. Were coming right back. The incoming Senate Majority leader gets audience with the president as the House Republicans try to close out the lameduck session without shutting down the go friday night, buddy. You are gonna need a wingman. And with my cash back, you are money. Forget him. My Airline Miles will take your game worldwide. What im really looking for is i got two words for you rewards. Theres got to be better cards than this. [ male announcer ] theres a better way with creditcards. Com. Compare hundreds of cards from all the major banks to find the one thats right for you. Its simple. Search, compare, and apply at creditcards. Com. First rounds on me. Once there was a girl whoy even in her laundry room. With downy unstopables for longlasting scent. And infusions for softness. She created her own mix, match, magic. Downy, wash in the wow. Cheryl we continue to follow the breaking news here in midtown manhattan. Youre looking now at live pictures of midtown manhattan. This is just outside a fox news headquarters, 48th and 6th avenue, midtown manhattan. This seam that youre seeing is the result of a decision made a couple of hours ago. The Staten Island grand jury declined to indict an nypd officer for the chokehold death of eric garner. The Rockefeller ChristmasTree Lighting is also taking place across the street from these pictures that youre seeing right now in midtown. This has created an incredibly chaotic scene. Were in the studio, we can hear noise from the streets inside of the studio. This camera right now is a fox roving camera that we placed outside on 6th avenue to give us a sense whats happening on the ground. It seems weve been watching the pictures the last few moments things are starting to calm down. They knocked them down and flooded 6th avenue. Police seem to have things under control, nypd, so you expected large crowds in midtown manhattan for the Tree Lighting, then the eric garner decision came down and protesters began to flood into this area. Obviously, they knew they were going to get attention, and theyve had it. So were going to continue to monitor the live pictures and want to let you know were monitoring whats happening in washington. Waiting on this announcement from attorney general eric holder, he has not come to the podium. There is the podium at the d. O. J. In d. C. , and we have confirmed this here at fox, theyre going to launch a civil rights investigation into the death of eric garner. A lot happening in midtown manhattan and washington. Lets stay in washington. President obama remains confident that the Current Congress will avoid a Government Shutdown of passing a new spending bill before the current one expires on december 11th. No one benefits by the government shutting down, and it is entirely unacceptable for us not to maintain the full faith and credit of the United States government. We just cannot afford to engage in that kind of brinksmanship that we saw over the last couple of years. Cheryl here to discuss the latest wrangling on capitol hill congressman Jack Kingston, representative thank you for being with us tonight. A lot has been happening in the last few moments we should say. Lets talk about the gop leadership on the house side. There seems to be a little argument going on within your fellow republican congressmen and women how to best deal with the rest of the session before everyone leaves for the holiday break, do you think that there is cause in the house to frankly block the government bill and end up in a Government Shutdown. Does that make sense to you . I think whats happened is the president after the election wanted to take a play out of clinton playbook, and what that did is when the republicans took over the house and the senate, clinton was midterm on the Government Shutdown came and clinton was relevant again. I think what president obama has tried to do with his immigration mandate, the executive order is dared us to defund it and shut down the government in the process. That way he could become relevant again, and i think that what our leadership is doing is saying lets resist taking that bait. Lets have the fight. Were going to pass a bill probably thursday authored by representative ted yoho, what youve done is illegal. In all likelihood, the senate is not going to touch that. We will shortterm fund the department of Homeland Security which will allow the new senate and congress to take it up. Thats the reasonable step that we will take. Cheryl okay, so stay within reason, obviously if you try to bring up the issue of funding on the immigration side, that doesnt make sense because the overall funding bill doesnt affect funding on that side of the coin, correct . Thats right. Theres an argument that says since thats a fee based program that we cannot defund it. Now i dont agree with that 100 , theyre actually within the bill theyre considering, 16 other fee based programs that we are addressing and modifying. To say we cant do anything is not completely accurate. I believe that there is flex niblt flexibility in there. Should we wait for the calfary arrive. Lets move to Something Else here, youre in favor of extending, a lot of corporations and Small Businesses are watching this. Youre in favor of extending the 45 billion package to the end of the year. John engler who heads the Business Roundtable says it is unworthy of the worlds greatest economy to have a tax code for two weeks and january expire all over again, what