Of their controversial threepart proposal to keep the government up and running while blocking the president S Immigration action at the same time. The who is tlelt inning a veto on all of that if it ever reaches the president s desk. Also keep in mind that house lawmakers will not touch any of the multiple budget measures medical next week. Supporters say this is about the Obama Administration overstepping its bounds, and president obama unilaterally changing the laws of this country. As we take a live look at the house floor, we do expect the critical vote on this legislation. A little later in this hour republicans say the bill is designed to stop an unconstitutional action by our president who has taken an oath to defend and protect the constitution. Critics say the legislation is unworthy of the nation. Speaker boehner defended the bill. For the democrat majority to do anything less would be an act of monumental arrogance. Of course, democrats are still the majority in the senate for a few more weeks, and harry reid, the democratic leader, is saying this bill is dead on arrival in the senate. Gretchen. All right. The big vote this is the preliminary one. The final one will be about 20 minutes from now. We will, of course, report that the minute it happens. In the meantime, mike, what has been the pushback from Top Democrats on this whole thing . Well, some of them are saying that the house should be voting today on a comprehensive Immigration Reform bill. President obama weighed in on this bill. Got his attention. He says it would force talented young people to be kicked out of the country. It does not make sense for us to want to push talent out rather than make sure theyre staying here and contributing to society. President obama has issued a veto threat. We dont expect it to get to that point because we dont expect the senate to take it up, but bottom line, Speaker Boehner says republicans will be in a better position to push back when they take control of the senate in january. Gretchen. All right. Well keep everyone posted. Mike emmanuel, thanks much. For more on this guy benson is the Political Editor of town hall. Com and a fox news contributor. Is this a symbolic vote, guy, or does it have more meat to it . Its symbolic for the reasons it might just emunerate it. It goes to harry reids senate, and his days, of course, are numbered as majority leader, but he is still there ensconced for the moment. He will head over across the way, and it will go absolutely nowhere. What this is effectively for the moment, gretchen, is republicans saying officially cod ifying were against this plan. The president does not have the authority to do this, and ironically, what theyre doing is passing a resolution effectively that echos what president obama said about his own authority on this front for years until very recently. Ah. Very interesting. All right. There has been some discussion amongst some of the more conservative factions in the house that maybe this does not go far enough. Your thoughts on that . Well, there are three parts of this proposal that john boehner and the republicans are going to try to push forward over the next two weeks. With a lot of the meat of it happening next week as Mike Emmanuel described, and its a little bit complicated. You have this vote today which is basically symbolic. If it were passed by the senate and signed by the president , it would be less than symbolic, but thats an alternate reality. Not going happen. Then there are these funding questions about whether really the core issue is whether the republicans next week want to move forward with a funding mechanism that would fund almost all the federal government through next september with the exception of the department of Homeland Security budget which they would only extend for a few months and then when the republicans take over all of congress, they would revisit that funding issue once it expired in, lets say, february, and then they can maybe use that as leverage to defund part of what the president is trying to do with the implementation of his executive the department of Homeland Security already hiring at least 1,000 workers, guy, to carry out the president S Immigration orders, advertising permanent positions, based in virginia. Salaries up to 157,000 a year. It looks like the president had this in mind a long time ago, guy, because all this has been in effect for quite some time. Yeah. Wshlgs first of all, that salary looks pretty attractive, i have to say. No doubt. Sitting in this seat. The fact that they were getting this ready and then obviously preparing for this action long in advance. I think it also underscores the point because some people at home might be thinking, hang on. I thought this was Enforcement Discretion to put off or suspend indefinitely a bunch of deportations for a bunch of illegal immigrants. Why does that require hiring dozens of people . Well, because theres also the issuance of legal work permits. A lot going on this issue. Thanks for your insights today, guy. Thank you, gretchen. So another fox news alert because the spotlight on City Police Departments appears to be growing today. Attorney general eric holder announcing the results of an investigation into the Cleveland PoliceDepartment Just moments ago. An investigation that covered 600 incidents between 2010 and 2013. Theres reasonable cause to believe that the Cleveland Division of Public Police engages in a pattern and practice of using excessive force, and as a result of it, systemic deficiencies, including insufficient accountability, inadequate training, ineffective policies and inadequate engagement in the community. So holder says the Justice Department and the city of cleveland have agreed a court order which includes an independent monitor who will oversee the practices of its officers. In the meantime, the mayor of new york city set to address the public outrage in the wake of a grand jury decision not to indict a Police Officer in the choke hold death of eric garner. Mary bill diblasio expected to discuss Police Retraining to prevent similar incidents in the future. While were awaiting that press conference, lets go to our guests, eric guster, criminal defense attorney, harry halk, a former nypd detective. Ill ask you both the same question. Eric. Yes. Did the grand jury get it right or wrong . I believe the grand jury got this one wrong. Looking at this video, i did not think that it will be a murder case. I never thought that for one second. Criminally negligent homicide or lower level charge like that was very appropriate under these circumstances. Could have been Second Degree manslaughter. Criminally negligent homicide. Felony assault. Reckless endangerment. Could have been a whole host of things. Right or wrong . They definitely got it right. He definitely should have been not no indictment here in this case. Why . The fact that the Police Officers in this case acted properly, all right. They were affecting an arrest. Mr. Garner decided that he wanted to resist arrest, and there was actions that he had made, all right, that were very aggressive towards the Police Officers. Now, any Police Officer who has faced this situation before would know that an aggressive stance was starting to take place. Also, what he is saying is occurring that the officer has to take him down. Here by the way, breaking news happening right now. The new york judge in Staten Island has Just Announced that he will release some of the grand jury testimony. That is key because as you recall, in the ferguson situation, the prosecutor released that right away when the decision came out. All of it so that all of america and the world for that matter could see exactly what went on inside that room. Actually the prosecutor in Staten Island, is this not the case, who wanted this to be released . He had asked the judge to do that, and now the new york ju just announcing that some of that testimony will be released. Okay. Thoughts on that first before i show another snip et of voted . Its interesting that all these Police Officers who were part of this arrest got immunity to testify, so im very interested to read what that testimony said. Harry made a point that they were affecting arrest, but this was for an offense that was essentially a ticket. This is like being stopped for speeding and then he wasnt even selling these cigarettes at the time. Exactly. There was no evidence of him selling anything, and then they arrested him, which goes to the civil rights of the case. Heres my problem with the whole situation. More so than anything else. Show this part of the video. This is after the socalled choke hold, and this is when eric garner is down on the ground, gentlemen. Nobodys helping him. It looks as if nobody is helping him. I think this is one of the things that the American Public cant wrap their heads around. When somebody is potentially dying in front of you, you dont help . Harry. They definitely should have been helping him. Im sure if he was in respiratory arrest at the time, there should have been something done. I dont know what time ems responded. I dont know if the officers were going try and do cpr on the gentleman or not. I dont even know if he was unconscious at that time. You cant tell from the video he is unconscious. He is laying down there. He died on the way to the hospital. He was obviously in a lot of pain and a lot of trouble. He said 11 times i cant breathe. This man needs medical help, and im sure theyve been trained on cpr, and no one did anything. You dont say i cant breathe, all right. If you have compression on your chest, all right, and you really cant breathe, you cant say i cant breathe. You cant cut off a hose pipe that no more water can come out. Just because youre if theyre blocking his airway airway is blocked 80 , can you still talk, which 80 never killed anybody and never hurt anybody severely. This is the only way you can take a man down who is 64, 350 pounds. Were going to continue to discuss this with a medical professional afterwards in about 20 minutes from now. In the meantime, i got to get some of these grand jury details that are going to be released because this is what were now getting into fox. A grand jury, of course, sat for a period of nine weeks. The grand jury heard from a total of 50 witnesses. 22 witnesses were civilians. Remaining witnesses were Police Officers, emergency medical personnel, and doctors. 60 exhibits were admitted into evidence, including four videos, records regarding nypd policies and procedures. Medical records pertaining to treatment of the deceased, eric garner. Once again, the breaking news happening right now is that the new york judge in Staten Island deciding that he will release part of the grand jury testimony. We dont know when thats going to happen. If its today or another day and what it is, but we will bring it to you when it happens. Gentlemen, thank you. Thank you. Thank you. Home explodes and firefighters rush in to battle this massive fire. How did a water mane break have anything to do with this terrifying chain of events . Plus, its been two years, and the fbi still investigating general David Petraeus well into his retirement. Why is the case against the excia chief for allegedly mishandling documents with his mistress still open . An american hostage being held in gemmen after a special ops team went on a mission that went bust. How did the Administration Miss the mark again on another rescue mission . I found a better deal on prescriptions. We found lower copays. And a free wellness visit. New plan. Same doctor. Im happy. Its medicare open enrollment. Have you compared plans yet . Its easy at medicare. Gov. Or you can call 1800medicare. Medicare open enrollment. Youll never know unless you go. I did it. You can too. Nobodys hurt,but there will you totstill be pain. New car. It comes when your Insurance Company says theyll only pay threequarters of what it takes to replace it. 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No other injuries have been reported. Real talk on an american he held hostage in yemen. Terrorists are threatening to execute luke somers in a matter of days unless the u. S. Meets their demands after a failed rescue operation last week by u. S. Special ops forces and yemeni troops. Eli lake is a columnist for bloomberg news, and he is my guest today. What are we to make of this . This is the second failed attack failed rescue operation that we know about, right . I think it tells us two important things. The first is that president obama is still as willing as he was in 2011 and before to use covert action in order to accomplish National Interest goals, and he takes rescue attempts pretty seriously, and this is now the third the second rescue operation. You have written two important articles on this, and now senator john mccain blasting the twoyear investigation of petraeus. It said that petraeus improperly shared information with his former mistress. He called on eric holder to resolve the case one way or the other, writing, furthermore, the fact that you and others within your department have weighed in publicly on the case raises questions about whether this investigation is being handleed in a fundamentally fair and appropriate manner. This investigation has gone on for two years. Whats up with it . Not only does he have a security Paul Broadwell had security clearance. His mistress. Shes a legitimate she was a legitimate advisor to him at the ceo at the time, and is somebody who was not cleared to have the compartmentalized information they found on her home computer, but was in the community. This was not a leak to a press organization. Nor was it anything having to with a foreign government. President obama, when the story originally broke two years ago, was very clear saying that there was no damage to the National Security because of all of this. Why . Whats the motive . Do they want to keep him quiet on something . His allies have suggested very strongly that because this is hanging over him, petraeus has been very circumspect in his public comments. Most of them have been positive about his foreign policy. This could also mean that theres a difference of opinion between president obama who said at the time there was no National Security implication and, you know, the fbi is taking a very long time. You than petraeus knows a lot of stuff, right . Is this keeping him quiet . The question is only really only petraeus really would know that. I can tell you when i talked to jack keen, a close friend of petraeus, he says, you know, you have to wonder if theres some bureaucratic intent here as to why its taking so long. I would say its well known that David Petraeus very ambitious guy. When president obama came into office in 2009, he was somebody who was talked about as a potential republican nominee, and a potential rival, and it turns out that petraeus serbed the president. Was a cia director. Was commander of Central Command to afghanistan at one point for him as the leader of troops there. He remains under investigation. He remains under investigation. Eli, thanks much. Thank you. Startling new report on Sexual Misconduct in the military. Have the lives and safety of our soldiers improved . Plus, accapella groups is now the highest by a group in more than 50 years. That brings us to the question. What is your favorite Christmas Song . I know you can only pick one. Its hard. Tweet me gretchen carlson. Use the the real story. We might read your comments coming up at the end of the show. Mheres our new trainer ensure active heart health. Heart im going to focus on the heart. I minimize my sodium and fat. Gotta keep it lean and mean. Pear uhoh. Heart i maximize good stuff like my potassium. And phytosterols, which may help lower cholesterol. Major im feeling energized already. Avo new delicious ensure active heart Health Supports your heart and body, so you stay active and strong. Ensure. Take life in. Welcome back to the real story. Brand new numbers just released on the reported cases of Sexual Assaults in the military. National security correspondent Jennifer Gr