drop me a tweet for suggestions you might have for questions at bret baier, thanks for inviting us into your home tonight. that's it for "special report," fair, balanced, and unafraid. captions by closed captioning services >> shepard: this is the fox report. now it's distracted doctors. will your surgeon be on his ipad while you are having open heart surgery? he won't be the first. debate night in iowa. make or break in iowa? we will know soon enough. it's the last showdown before voters start making their decision. seven candidates, one stage, and one ultimate goal. tonight, what to expect and the surprises that could be in store in the iowa debate. millionaire murder mystery. >> we're classifying this as a double homicide. >> shepard: a wealthy couple gunned down in their own home.

>> the daughter came home and found them. >> shepard: tonight, development in the hunt for a killer. plus, after nearly nine years a formal end to the war in iraq. >> as passionate as i am about the mission, going home is always my favorite part of deployment. >> shepard: tonight, the defense secretary answers the question was it all worth it? >> shepard: but first from fox this thursday night, two hours to go until the republic candidates face off in their final debate before the nation's first presidential contest. there is a brand new poll that shows a virtual three-way tie in the fight for the hawkeye state. the former massachusetts governor mitt romney back on top according to according to tw rasmussen survey, the former house speaker newt gingrich and texas congressman ron paul are right there with him and the top three contenders are all within the margin of error. a week after iowa comes new hampshire, the nation's first primary and mitt romney hanging on to his lead there. congressman paul has now

jumped into second place ahead of newt gingrich. remember last night? we showed you gingrich is losing ground nationwide in a gallup daily tracking poll and tonight he is down another couple of points. he is promising to play nice even as he fights to get out the vote. >> i really do need your help on january 3rd. i know there are a ton of negative ads. you will be able to go to newt.org and see answers on every one of them. i'm not going to spend a lot of time on that stuff. i'm going to talk about positive solutions in a positive way. >> shepard: so a lot on the line for the candidates as they get ready to square off one last time in iowa. campaign carl cammeron is live in sioux city, the site of tonight's big fox news debate. man, what is a shot across the bough. today the republic governor of that state took a shot at newt gingrich. >> he did, indeed. you are talking about terry bran stead, show you a live shot of the stage putting the final touches on it for tonight's debate. governor bran assistant stat will be in the audit yobs

tonight. stowed he said publicly he is not sure newt gingrich has the discipline to be president of the united states it is said that mr. branstad has made the decision based on discussion as well as the congressional delegates. mr. branstad visits every 99 counties and takes serious constituency in policies and political statements. so for branstad to express concern about gingrich's concern to be president is a major setback only 18 days before the caucuses. >> shepard: the polls tightening up in a big way. a lot at stake, carl. >> they are indeed. newt gingrich, mitt romney and ron paul all tied in the polls and for them tonight a great deal at stake. romney wants to show that he is electable and that he does compete in iowa and sustain his 20% or so in the polls. newt gingrich has to not lose his amid what is likely to be an awful lot of attacks among

rivals. relentless week of criticism from the other candidates of mr. gingrich. ron paul is in a three way tie is going to try to show that he is indeed not out of mainstream of republic conservatism. there have s. a lot of folks who think is he out of step. tonight he has the ability to show them he does have electability strength in the party. >> shepard: rest of the candidates unlikely to be anything but one and done if they don't have a big night. >> michele bachmann and rick santorum particularly have been working hard behind the scenes. in large measure the polls haven't recognized how deep their organization is across the state. also worth noting jon huntsman will be on the stage in iowa for the debate. he is not -- less of an opportunity for him. >> carl cammeron thank you sir. see the debate 9:00 eastern time in hannity's normal spot. 8:00 in oxford.

talk with chris wallace who will be coming up inside fox report. first though it started with an explosive show of what they then called shock and awe. today the american war in iraq ended. with somber silence. troops in baghdad folding the official flag in iraq and wrapping up nearly nine years of war. no celebrations at today's ceremony. to banners declaring victory or anything else. instead the defense secretary leon panetta solemnly condemned -- i should say solemnly commended our service members sacrifice. tonight, we are told just two u.s. bases remain open in iraq down from the hundreds of installations during the height of the war. and the roughly 4,000 troops still there are preparing to leave. meeting the president's promise to bring them home for the holidays, since the u.s.

led invasion began in 2001, close to 4500 americans have died in the fighting and more than 32,000 troops wounded. then there is the financial cost, some $800 billion by government stems. and our jennifer griffin went one on one with the defense a second in baghdad today and asked him the big question. >> was it worth it? >> you know, it's funny, we came into this war probably divided as a nation i think we are going out of it -- i really think most americans really feel that regardless of why we got into this that we are leaving with our chins held high that we have really given this country the opportunity to be able to not only govern itself but the

hope of a democracy. >> hope of a democracy, possible in part to the downfall of saddam hussein's brutal regime but with bloody bombings and gun battles still commonplace in iraq. most critics question if the nation is ready to face its future on its own or really if it ever would have been. "the fox report's" chief correspondent is with us. jonathan hunt is here. they spent a lot of time, jonathan, trying to put a good face on this. you are hard pressed to find anybody to thinks there is a easy future ahead. >> absolutely. two main reasons, the threat of sectarian violence. kurds, sunnies and shias all have issues in iraq. all are capable of resulting to the kind of violence we have seen so often in the country. then there is outside influences. take a look at this map where iraq sits right between turkey, syria and iran. all three of those nations have regional ambitions. all will try to exert influence inside iraq. that's why the defense secretary had to acknowledge today the tough road ahead. listen. >> iraq will be tested in the

days ahead. by terrorism. by those who would seek to divide. by economic and social issues. by the demands of democracy itself. challenges remain but the united states will be there to stand by the iraqi people. >> no doubt that iraq will need u.s. help in the coming months and years but that help no longer coming in the form of boots on the ground, shep. >> shepard: the president and the defense secretary today trying to make the case we have left that country better than we found it? >> the defense secretary said as much today. the president, you will remember at his speech at fort bragg said the same yesterday that iraq is now more stable than it was. fox news contributor and pulitzer prize winning journalist judy miller has spent more time than most in iraq the past few years. i asked her today whether she

believes it's a better country on the 15th of december 2011 than it was on the 20th of march, 2003 when the war began. listen to judy. >> better in terms of infrastructure probably not. better in terms of the potential for a brighter future, absolutely. i mean, saddam hussein is gone. 30 years of tyranny are over. his sons who were even crazier than he was will never rule that country. iraq stands just a shot now at a deincident is progressive stable future. that's more than they had before. >> a shot at a better future but much will now depend on the strength of iraq's security forces and, shep, the strength of its collective political will. >> shepard: yeah, the government. jonathan, thank you. congress cleared the defense spending bill today and sent it to the president for his signature. the senate authorizing $662 billion for the u.s. military. it is to fund basic operations including payment to personnel and the continued mission in

afghanistan. the white house dropped a threat to veto the bill over language regarding the treatment of terror suspects. well, nothing motivates congress like a deadline and a vacation. tonight, talk of a possible deal to prevent the government shutdown this weekend. so what about extending the payroll tax cut and unemployment benefits? we're live on capitol hill. plus, a record number of americans now qualify as low income. and a brand new survey shows a lot of them used to be middle class. but don't worry about the ceos. they are actually getting much richer. from the journalists of fox news, this is a thursday fox report. debate night in america just one hour and 50 minutes away. [ sniffs ] i have a cold. [ sniffs ] i took dayquil

but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. 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! the droid that wirelessly pulls files, music and movies, all at 4g lte speeds. and introducing the droid xyboard. with an 8 inch hd screen and adaptive surround sound, a home theater for your hands. powered by verizon 4g lte, these droids are too powerful to fall into the wrong hands. buy a droid razr and get $100 off a droid xyboard.

impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest witnfidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before invting.

no, i wouldn't use that single miles credit card. hey, aren't you... shhh. i'm researchg a role. today's special... the capital one venture card. you earn double miles on every purchase. impressive. chalk is a lost medium. if you're not earning double miles... you're settling for half. was that really necessary? [ male announcer ] get the venture card at capitalone.com and earn double miles on every purchase every day. what's in your wallet? cover for me. i have an audition. >> shepard: something unusual is happening on capitol hill. the lawmakerthere seem actually to be talking about working together. congress has until tomorrow night to pass the spending bill that would keep the government from shutting down.

they have also been battling over whether to extend payroll tax cuts if they don't take action, all of our paychecks will shrink a bit next to extend unemployment benefits. now after days of squabbling and public theater, lawmakers on both sides are hinting its compromise time. >> i i think everyone just needs to step back and take a deep breath. there is an easy way to untangle all of. this we are better than all of this. congress is better than. this we have got to prove it and this is going to be an opportunity. so, let's all join hands and do what we know needs to be done for our country. >> shepard: okay, joining hands, kum ba yah, that's all well and good. get down to the brass tachs and figure out a course of action. mike emanuel is on capitol hill. where do we stand, mikey? >> still a couple of hours from a deal, that is unless they get stuck again.

bottom line, everybody seems to be trying to resolve this as quickly as possible. the idea of a government shutdown seemed to freak everybody out. today two leaders on opposite sides of a lot of issues struck a similar tone. take a listen. >> there is no reason the government should shutdown over. this and i expect all of us to do what's necessary in order to do the people's business and make sure that it's done before the end of the year. >> we believe it's important to keep the government open and we believe it's important to finish the work on the payroll tax cut, unemployment insurance, and the dock fix. >> the doc fens sphix a medicare related issue. bottom line the shutdown would have devastated impact for those who work for the government and depend on government services it would have a major political impact as well, shep. >> feels like they have been playing us all like a fiddle. what about that voferl millionaire surtax, that's out, right? >> right. max baucus told our senior

hill producer trish turner that that is done. he says that they will come up with quite likely another plan to fully pay for the payroll tax holiday but we do believe the payroll tax holiday will get hammered out bottom line, be paid for by taxing millionaires had almost zero republic support. shep. >> shepard: mike emanuel at the rotunda on capitol hill. thank you. mortgage rates again dropped to record lows this week. freddie mac reports the average fixed rate on a 30 year loan fell to 3.94%. that ties the record set earlier this fall. but apparently that's not enough to boost the housing market. the analysts say 2011 will most likely turn out to be the worst year for new home sales since the governments started keeping records a half century ago. cops say somebody murdered a husband and wife left three children without parents in what could be the biggest clue literally went up in flames. we are live in a growing

mystery. plus, did you get a raise this year? chances are your boss did. just wait until you hear how much. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. a celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naen, and melocam have the same cardiovascar warning. they all may increase the chance of heart attack or stroke,

which can lead to death. this chance increases if you have heart dease or risk factors such as high blo pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach anintestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. do not take celebrex if you'v had an asthma attack, hives, oother allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion.

>> shepard: the ideal couple their friends call them. nicest couple you would want to meet. they are dead in a double homicide. somebody shot and killed a wealthy real estate developer inside their home in massachusetts. friends calling news of their death just insane. police say the couple's daughter discovered their bodies yesterday morning as she was leaving her2-year-old children with their grandparents like she dead every wednesday. they found the front door unlocked. the family's dog still inside. it happened in the town of

andover 30 milesorth of boston. police there say they found the couple's lexus suv torched in boston's north end. trace gallagher is following this story. how does this burning suv fit into the mystery here, trace? >> well, shep, the burning lexus was found on the north end on tuesday night. the bodies much john and geraldine mcgee were found in their home on wednesday morning. it appears they we shot and killed sometime on tuesday night. the killer then apparently stole their suv. drove to boston and tried to destroy the evidence. police say there were no signs of a break-in to the home. they will not tell us if there were signs of a struggle or if the couple was robbed. listen now to police. >> the incident appears to be an isolated act and the circumstances lead us to believe that there is no further threat to the andover community. >> in other words, they believe this was a targeted killing. right now there is no motive for the crime. shep. >> shepard: when that's the

think rg, what investigators almost always do start looking for enemies, obviously. >> they are doing that as well. wealthy couple real estate developers in andover. they built the house they were living in and built a lot of the houses in andover. there was no history of any legal trouble, no domestic violence. now, john mcgee was involved in a land dispute back in 2003. but apparently he settled that for a large sum of cash friends and family sayhey could not have been nicer people. listen. >> they are a very nice family. my children, who i called already today, went to school with their children. their daughter was very lovely as far as i knew the kids were both very nice. >> we mentioned earlier the suv of theirs was found burned in the north end. well, the north end, we should note, is becoming better known for organized crime, shep. >> shepard: trace gallagher

live for us tonight. thanks. a billion dollars or more in missing customer cash and few answers today from one jon corzine the former new jersey governor and senator taking new heat from capitol hill about the collapse of his brokerage firm mf global. the company declared bankruptcy back in october after making some very bad bets on european debt. today was corzine's third round of testimony in the collapse but the first one since one regulator said corzine may have known about an improper transfer of $175 million in client money. and that's the sticking point. the regulator claims m.f. global made that transfer in its final days before it filed for bankruptcy protection. today jon corzine testified the customer cash was safe. >> we had policies, procedures, and i believe qualified personnel that had the responsibility to make sure that customer funds were

protected. >> were these competent people. >> there was no reason that i could think of that they weren't competent. >> shepard: well, as jon corzine left that hearing for a recess. a process server reportedly served him with papers in a lawsuit from a customer with mf global accounts totaling hundreds of millions of dollars. the speaker has been surging and the former governor has been on the slide. but after tonight, all of that could change. the republic white house hopefuls in a big debate here on fox news tonight. we'll have a preview with the "fox news sunday" host chris wallace coming up live from sioux city, iowa. plus, in one corner a young man with a gun. in the other, an unarmed grandfather. who wins? that's next. we're approaching the bottom of the hour and the top of the news.

at bank of america, we're lending and investing in communities across the country, from helping to revitalize a neighborhood in brooklyn to financing industries that are creating jobs in boston or providing funding for the expansion of a local business serving a diverse seattle community and supporting training programs for tomorrow's workforce in los angeles. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible.

the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm. great grains. the whole whole grain cereal. somebody didn't book with travelocity, with 24/7 customer support to help move them to theool daddy promised! look at me, i'm swimming! somebody, get her a pony! [ female announcer ] the travelocity guarantee. from the price to the room to the trip

you'll never roam alone. diabetes testing?e price what else is new?to the trip you get the blood, hope it's enough, it's-- what's this? freestyle lite® blood glucose test strip. sure, i'll try it, but-- [beep] wow. yep, that's the patented freestyle zipwik™ design. it's like it-- [both] targets the blood. yeah, draws it right in. the test starts fast. you need just a third the blood of one touch.® okay. freestyle test strips. i'll take 'em. sure. call or click-- we'll send you strips and a meter, free. can't i just have these? freestyle lite test strips.

call or click today. reportedly just put some cash in his suv when the suspect targeted the vehicle. but the 62-year-old ignored the young guy's gun and started swinging. don't do this at home. relatives say that's just his style. >> he doesn't take things lightly at all. after i saw the video, that he actually saw him run toward the guy with the gun and stuff. i said it's just money. i'm glad that he is here. the money is replace cybil that's just how he rolls. the kid and an accomplice got

away. cops hope the surveillance video will help them catch the pair. officials shut down a highway after a tanker started leaking hydrochloric acid. it's ongoing and it tops our news across america. >> oklahoma. police say the tanker's driver reported acid leak outside tulsa. authorities shut down a turnpike and evacuated nearby homes while hazmat teams took a look. no word of anybody hurt. colorado, a rescue crew reaching an ice climber who had fallen into a canyon in colorado springs. another climber says the 65-year-old grabbed a branch that was not attached to a tree fire department chief said good thing the guy had the right ropes and anchors. >> luckily these individuals were climbing with the proper equipment. definitely could have been worse. >> shepard: they took him to the hospital. >> texas. police arrested two men for posing as salvation army

donation collectors at a mall in class. we're told a real salvation army worker spotted the guys. they reportedly claimed somebody had given them red collection kettle. d.c. a woman says the department of public works fined her thousands of dollars for not recycling newspapers she used for cat litter. >> i'm treal trying to do something really good for the environment and then i get fined for it. >> a statement from that city agency investigators fine people who mix trash with other revehicle lables and that's a fox watch across america. >> shepard: 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 heavyweight championship fight, you really can feel a sense of excitement and electricity. frankly, there is a lot riding on this debate. it is the last time that these seven candidates will be up on the stage before the iowa caucuses in just over two weeks. and it's really the last chance for them either to really catapult their

candidacy or hurt it. >> shepard: it almost feels like mitt romney sitting on the follow crumb of a sea saw with newt gingrich going down on one side. ron paul coming up on the other. >> you know, yes. i agree with that but having said that you could make a case that five of the seven candidates on that stage could win in iowa. maybe six of the seven. the only one i think clearly who won't is jon huntsman. is he not really contesting this caucus. but all the others, it's going to be so interesting to watch the jockeying. gingrich is trying to hold on to his ad vantage in the polls which seems as you reported earlier to be slipping away. mitt romney, if he doesn't win here he certainly wants to do strongly, do well. stop his erosion. ron paul trying to build a huge upset victory and catapult him and then you have got perry and bachmann and santorum really fighting for their lives.

they have spent an enormous amount of time energy in iowa. they have to do well or their candidacies will be on life support and may be done. >> it's hard to raise money if you don't do anything in iowa. it makes it almost impossible. one of the -- sometimes a side shows are interesting, you know, chris? one of the ones i have been reading about is the makeup of the audience. in some of these debates the g.o.p. has prescreened the audience, in this case not so much. you wonder how much noise they are going to have in there. >> well, the interesting thing is there has never been an iowa debate. there have been a lot of them going back into the 70 and 80's. never an iowa debate here in the western part of the state, which is the most republic part of the state. we are in sioux city. and this is a really rabid republic area and i think they are genuinely excited. the charnl of the matt strawn wanted the debate in sioux city, he and the party and all the folks even though it's an hour and a half before the debate are already crowding

into the auditorium. i think they are excited about it. i think you are going to feel that tonight. you will hear hoots and hollers and boos maybe some of the panelists. >> shepard: you are going to boo someone? >>. no i mean at us. >> shepard: oh. >> i got booed in ames, iowa. when 3,000 people boo you, it hurts your feelings. >> shepard: at least they are noticing, chris we are proud of you. we will be watching for the hoots, hollers and the boos. set your dvr if you are so inclined. mitt romney sitting down with chris wallace on this "fox news sunday." first sit down sunday in a long long time about two years. that's this weekend. check your local listings. while millions of americans are struggling to find work. a lot of the bosses are doing just well. a new survey from gmi that tracks how corporations are running found top ceos enjoyed pay hike of 27% from salary,

cash bonus and perks like company stock. a dramatic increase from the previous two years. a little context here. the middle range of pay for thousands of ceos in that study two and a half million dollars in 2010. roughly 60 times the typical full-time worker's pay. gerri willis from the fox business network is with us. that's a lot. which ceos are getting the most? >> well, wouldn't you like to be john hamerage. >> we don't have it? >> yea. he made $145 million. the fellow who ran omni care made 98 million. health care at the top of the list here. it's kind of a theme. t.r.w. auto parts maker. making a ton of doe. private sectors for the ones employed how much it increased? 2%. >> shepard: wonder why health care costs are going up so much. >> strange. encouraging news though in the overall job market?

>> yes. this week people filing first time unemployment claims 366,000. good news, below that tipping point we always talk about 400,000 means that employment is getting better. this comes on top of the news that the monthly jobless rate went from 9% to 8.6%. i have got to tell you this week's number. best since 2008. >> shepard: really? hope springs eternal. we will take it. gerri willis part of the best team in business on the fox business network. she has her own program weekdays at 5:00 eastern time. 4:00 in oxford on fbn. nearly one in three americans is now reportedly either low income or living below the poverty line. one in three. according to the new census data about 20% of america is now below the low income threshold which is about $45,000 a year for a family of four. while about 14% of the total hop legs is statistically poor at about $24,000 a year for that same family of four.

the experts blame falling wages for the middle class or what's left of it and changes to social welfare programs like food stamps and tax credits for putting more americans in poverty. the guy who calls himself the toughest sheriff in america may be a little too tough. the feds are now accusing arizona's joe arpaio of civil rights violation against latinos. one justice department expert calling this the worst case of racial profiling he has ever seen. sheriff arpaio famous for holding inmates in tents, giving them pink underwear. now the feds accusing his department of ordering immigration sweeps based on flimsy complaints. arresting legal hispanic citizens for no reason at all, and pulling over latino drivers a lot more often than everyone else driving while latino. sheriff arpaio has denied racial profiling. he calls the new report a

political attack from the obama administration. hey, doc, would you mind not texting your friends during my open heart surgery? yeah? coming up, is your doctor distracted at the most crucial moments? wait until you hear this report. plus, a florida a and m band member allegedly hazed to death. and it turns out he may not have been the only victim. >> he was beaten by hands, fists, spatulas, metal rulers and book binders. so much that it caused blood clots in her leg. >> shepard: three suspects accused of beating up a teenage girl. >> somebody should be held accountable. that's the only way things are going to change. >> shepard: the stunning new accusation and questions about how deep the hazing goes. coming up. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style.

hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. and get a cold... ...you need a cold medicine with a heart. only coricidin hbp has a heart, right here. it's the only cold and flu brand that won't raise your blood pressure. coricidin hbp. powerful cold medicine with a heart. this was the gulf's best tourism season in years. all because so many people came to louisiana... they came to see us in florida... make that alabama... make that miissippi. the best part of the gulf is wherever you choose... and now is a great time to discover it. this year millions of people did. we set all kinds of records. next year we're out to do even better. so come on down to louisiana... florida... alabama... mississippi. we can't wait to see you. brought to you by bp and all of us who call the gulf home. ♪ my hair is gone ♪ cheap cologne ♪ motor home ♪ i'm the rocket man!

[ both ] ♪ rocket man ♪ burning out his fuse up here alone ♪ burning out his fuse up here alone? ahh. [ male announcer ] crystal clear fender premium audio. one of many premium features available on the all-new volkswagen passat. the 2012 motor trend car of the year. ♪ and i think it's gonna be a long, long time ♪ the 2012 motor trend car of the year. everyone believes in keeping their omises once a year. but we believe in helping people take steps to keep them every single day. that's why every day we help people across the country get into their first homes. prepare for a comfortable retirement and protect the people and things that matter most. at genworth we believe every day is the right day to take a step toward tomorrow.

there is a new study out from the dr. pier review first reported in the "new york times." it indicates 55% of technicians who monitor bypass machines admitted to talking on cell phones during heart surgery. and the hospital official in oregon caught at least one nurse admitted to checking airline tickets during a spinal operation. john roberts has this from atlanta. what now? >> it's pretty amazing. a neurosurgeon was sued after his patient suffered partial paralysis. during surgery that doctor was on the phone at least 10 times his cell phone and others using a head set while he was operating. we know this is a problem, though we do not know the scope of this problem because there is only that one study that's been done. technology increasingly becomes a part of modern

medicine bound there are going to be distractions that could lead to mistakes. a member of the fox news medical a team. >> there is an advantage for the electronic medical records and state of the art technology but there is a huge problem with incorporating this in ways that are negative. 25 to 100 deaths per year in a hospital that are consequence of bad medicine. some of that is definitely due to this doctor at the university of rochester brought this to our attention with the article. he calls it a quote evolving safety issue. one that the national institutes of health is going to take a look at to get a handle what the risk. >> there is some sort of plan to do something about this. >> to look into it at the very least. you have got to first of all get a handle on the scope of the problem and figure out what to do about it according to according to the doctor, this is most prevalent young medical professionals 20's and 30's. medical schools try to resist

the addiction to checking emails. they are also being taught how to interact with face-to-face with patients. known as eye medicine. >> the art of medicine is eye-to-eye contact, face-to-face contact. you have really got to get a gestalt of the patient and figure out one-on-one what the patient has and what you are going to do about it all the computer aids in the business aren't going to help with you that. >> certainly going on your facebook page during surgery not going to help with you that either. the doctor said he first took an interest in this after a bunch of trauma cases first came through his e.r. had been a result of text message car accidents. he thought if it's that bad on the road how bad is it in the hospital. shep, what he found really shocked him. thank you john roberts in atlanta tonight. new fallout from the death of a college drum major investigations into hazing fall into two states

allegations another brutal marching band allegation at florida a and m university. this time the victim lived to talk about it. she claims fellow members of the school's award winning band beat her with their fists and with metal rulers and with books. left her with a broken leg she says. authorities say the freshman drum major robert champion died after a similar hazing ritual last month. he was found unresponsive on a bus after a football game and now during the investigation into his death, officials in florida have reportedly uncovered evidence of employee fraud and misconduct. the investigation is underway and steve harrigan is following it from our south florida newsroom. where are they in this, steve. >> the pressure on this case has been building every day, the very latest is the governor of florida is now weighing. in he wants the president of a.m. to resign immediately. we heard a response just minutes ago from the university. the president wrote in response i serve at the

pleasure of the fam board of trustees. i will abide by whatever decision the board reaches. in that second case where the female clarinet player was beaten until her leg was broken, she intends to leave school and sue the university. three of those attackers, her fellow students and band members have been arrested, shepard. >> shepard: turns out we have learned in the aftermath here that both of these students, each of the alleged victims in the same school district up in georgia. the investigation expanding? >> it is expanding, beyond college now into high school. the two victims and several of the hazors were all from dekalb county georgia just outside of atlanta. an investigation into the high school possible hazing in these marching bands has led to the, quote, discovery of some inappropriate activities we have all seen the reports of what's happened in band at the college level that's troubling to us, it's all alleged. we don't know what's happened there. we don't know if there is anything that's inappropriate

has happened here. we need to ensure that our students are safe. that band is a safe and productive environment, the result of this investigation so far 21 high schools. some of them the most prominent high schools in the country. they have all been suspended. suspending from those marching bands until they find out more clear results as to how bad the hazing is at the high school level, shepard. >> shepard: family of a murdered u.s. border patrol agent speaks out one year to the day after his death. a live update on the aftermath of the botched federal operation called fast and furious. that's that is straight ahead. get the technology they love, on the network they deserve. and video chat with up to 9 of your friends with the galaxy nexus by samsung,

or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon. since ameriprise financial was founded back in 1894, they've been committed to putting clients first. helping generations through tough times. good times. never taking a bailout. there when you need them. helping millions of americans over the centuries. the strength of a global financial leader. the heart of a one-to-one relationship. together for your future. ♪

>> shepard: a year ago today border agent brian terry died after a shootout in arizona.

two of the investigators part of the botched operation called fast and furious. agent terry was 40 years old. a stormer marine. feds say all but one of the suspects in this case got away. officials claim fast and furious was supposed to track guns from the united states to drug cartels in mexico. instead, we're told the feds lost track of hundreds of those guns. close to 60 members of congress are now calling for the attorney general eric holder to resign. he says he will not do that claiming he put an end to what he calls a misguided program. tonight agents terry's family says and i quote: we will continue to press for answers and accountability from our government. william la jeunesse is live in our west coast newsroom. william? >> well an emotional roller coaster is how the terry family describes the past year from finding out about the death of their son to being mislead and lied to in their words throughout the fast and furious investigation. now, through their attorney,

the family says they still don't have enough information for closure. they don't want brian's tragic death to be a political football. they are simply asking for that which every american should be asking for. and that is transparency in their government, countability and responsibility for those in government. >> attorney pat mcgroder says he is prepared to file a claim within weeks against the federal government and the gun stores involved. to hold them civilly liable for failing to stop the operation that led to terry's murder. i think out terry feel feels strong their priority is to make sure all of those people or entities that have criminal culpability are prosecuted to the full extent of the law. whether it be those that were there on the night in question or those that contributed from a criminal culpability standpoint. >> the u.s. attorney's office

in san diego has already charged one illegal immigrant with second degree murder. we're told there could be more arrests in the near future. at this time, shepard, it's uncertain if any u.s. officials will be charged criminally in this case. back to you. >> shepard: william, thank you. we learned today of a massive, well, first though, a a batch of boot leg liquor killed more than 1040 people and that tops our news around the world in 80 seconds. india, officials say it contained highly toxic meth then or wood alcohol. the victims bought it at many small shops in the east. medical teams did what they could. dozens of other drinkers got sick. mass deaths from drinking cheap alcohol common among indy's rural poor. italy. [chanting] a group of firefighters protesting outside the parliament building in rome.

they reportedly claim they had been working under temporary contracts for many years and they are demanding full-time deals. costa rica. heavy rains and flooding in the east. we're told several rivers burst their banks. the high water inundated towns and forced mass evacuations. at least one person reported dead. australia. police arrested a man and a woman after quite a car chase north of sydney. local media reports the pair had carjacked the vehicle. cops raced after them. finally the driver swerved to avoid some spike strips and ended up in a ditch. authorities in an unmarked police car rammed into them to seal the deal. we are told the suspects were armed but the cops got them. and that's a wrap on this fox trip around the world in 80 seconds. >> shepard: the factor is on

in just a few short minsz. first, big holiday surprises for children of some u.s. service members. >> i am still in shock. i think she is too. i'm just excited to see her. forty years ago, he wasn't worried about retirement. he'd yet to hear of mutual funds, iras, or annuities. back then, he had something more important to do. he wasn't focused on his future but fortunately, somebody else was. at usaa we provide retirement solutions for our military,

veterans and their families. from investments... to life insurance... to health care options. learn more with our free usaa retirement guide. call 877-242-usaa. i took some steep risks 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 you are taking other medications, or if you have any muscle pain or weakness. this may be a sign of a rare but serio side effect. [ man ] still lo that wind in my face talk to your doctor. don't kid yourself about the risk of heart attack and stroke.

if lipitor's been working for you, stay with it. lipitor may be available for as little as $4 a month with the lipitor co-pay card. terms and conditions apply. learn more at lipitorforyou.com. terms and conditions apply. i joined the navy when i was nineteen. i was a commissioned officer at twenty-three. i was an avionics... tactical telecommunications... squad leader. i think the hardest transition as you get further into the mitary is... you know it's going to end one day. chase hired me to be a personal banker. i'm a business analyst... manager. i'm very proud to work for chase. when you hire a veteran, you get...

great leadership... decisiveness... focus. chase knows, when you hire a veteran, you're hiring america's best. chase is proud to help 100,000 veterans find jobs at home. >> shepard: our nation's military family spend months sometimes years waiting for loved ones to come back home from war. sometimes that arrives as a wonderful shock. our first stop north of utah city, utah where a navy medic. >> special visitor? >> yeah. >> who it? >> my dad. >> oh man, back from iraq for the next two weeks which means he will be home for the holidays. would you look at that? and then there is atlanta, georgia. this little girl took off running through the school library to hug her mom for the first time since january. >> how are you doing? >> in two weeks the navy specialist will return to service on the uss gettysburg. happy holidays.

updating some of our fox top stories tonight. almost nine years of war in iraq officially now over as the last of the united states troops prepare to come home. critics still wondering if iraq is ready to go it alone. coming up on one hour and one minute now from the big g.o.p. debate for the first time in the 2012 presidential contest. just one place to see it here on fox news. and on this day in 1791, the states ratified the first 10 amendments to the constitution to make them the law of the land. we also know them as the bill of rights. james madison originally introduced them at the first continental congress. the idea that the bill of rights would do what many feared the constitution could not, ensure individual freedoms in the face of a strong federal government. when three fourths of the state showed their support for rights like freedom of speech and protection from cruel and unusual punishment, our rights were put to paper. that was 220 years ago today