is. . >> that's a big dog. . >> that's it for "the five." next the "special report." lighting the fuse on the immigration powder keg. tomorrow night president obama will announce -- this is "special report." >> good evening, i'm bret baier, we have a pretty good idea of -- tonig oof -- -- the president will address the nation tomorrow night to explain why he is taking matters into his own hands, by reportedly legalizing millions

of illegal immigrants. it's sure to set off a firestorm with immigrants, waiting to flex their new muscle. white house correspondent wendell goler begins our coverage tonight. >> in a facebook posting, the president announced he's acting on his own this week. >> everybody agrees that our immigration system is broken. unfortunately, washington has allowed the problem to fester for too long. >> reporter: republicans have warned him against it. if emperor obama announces an amnesty plan that he has said over and over again exceeds his constitutional authority, he will cement his seg legacy of lawlessness. and homeland security secretary jay johnson denied mr. obama is exceeding his. >> i am satisfied that our

reforms are within our existing legal authorities, and they will address a number of things, including border security. >> the president's order will shift the priority of deporting illegals away from those whose children are born here. it will shield about 5 million people from deportation, but immigration reform groups say that's not enough. and texas senator john cornyn says the order won't stop the people who benefit most from the broken immigration system, transnational cartels. >> they traffic in children, they traffic in drugs, they traffic in weapons and the like. and the president's executive order does zero, zip, nada to shut that down. >> majority leader harry reid says the answer is for the house to vote on the bill the senate passed with bipartisan support. >> yes, sir. >> republicans in the house would allow a vote on the bill we passed here, posed many months ago. would pass overwhelmingly.

>> republicans differ on how to respond to the executive order since they'll control both houses of congress next year. most are leaning against the government shutdown. >> shutting the government down doesn't solve the problem. >> texas senator ted cruz says they should stop confirming presidential appointments and some suggest writers on bills that would undo the executive action which the white house suggests would trigger vetoes. >> obviously we would take a very dim view of any effort to try to curtail the president's executive authority using a rider on a budget proposal. >> reporter: the president will fly to las vegas on friday to defend his executive order, something his aides expect he'll spend quite a bit of time doing in the weeks ahead. >> wendell goler on the white house lawn. familiarout tonight for the obama care architect whose off the cuff remarks about obama care and stupid americans has a target on his back.

>> reporter: hi, bret, jonathan gruber has already suffered damage to his reputation, but the state of vermont hit him where it hurts in his wallet. vermont will no longer honor his contract. >> i have told mr. gruber that i expect his team to complete the two work that we need to provide vermonters with a health care financing plan. i also informed mr. gruber that we will not be paying him any more for his part in completing that work. >> gruber accepted the terms, gruber's mit research associates will continue to be paid, they're paid at $100 an hour, compared to gruber's $500 an hour. gruber whether get no more of the $400,000 contract with vermont other than the $106,000

that he's already been paid. >> it provides a single payer or universal health care, it has been by most accounts a disaster and deeply divisive, that was before gruber's name became a household word. >> when you are coming to a group of people who are paying you a large sum of money to try to have something accomplished and you treat them with this respect, that leads in my eyes to a situation where he is not going to be credible when he tries to come into the legislature to sell whatever package he develops. >> even democrats in the state where wages are very plat are deeply skeptical of any wildly huge increase in payroll taxes that would likely be used to funding single payer health care. the state's average year is $2.7 billion in tax revenue. one forecast suggested that single payer vermont would cost

$2 billion it would eat utmost of the state'srevenue. two republican senators from kansas say the senate will move quickly to approve the keystone xl pipeline after assuming control of the chamber next year. kansas is one of the states the project will go through. this comes after last night's defeat of such a bill by a democratically controlled senate. what you may not realize is that plenty of the keystone project has all right been krubconstruc. >> reporter: the folks in cushing oklahoma are scratching their heads over last night's senate vote which rejected the keystone oil pipeline by one vote. >> we are depen denlt in this kmublt on the oil and gas industry. >> the southern portion of the pipeline travels right through

their sleepy town, it runs from steel city nebraska, through cushing, then down through texas to refineries in the gulf. the part in blue was voted downing, a line that connected alberta, canada through the steel city. opponents of keystone like environmentalists and landowners still have concerns over the possibility of leaking and ruptured lines carrying a toxic mixture of heavy tar sands. texas watch dog group points to a pipeline in michigan which burst in 2010 sand polluted the kalamazoo river. >> 20 months after that spill, they still haven't cleaned up the river where it occurred. they spend $207 million. >> reporter: but those who call cushing home, believe the pros

outweigh the cons. >> we have a whole life-time of positive business from our pipeline and oil community. >> although the estimated construction of the pipeline would create about 42,000 new jobs, the u.s. state department has been, quote, studying the environmental impact of the proposal pipeline now for more than two years. bret? >> casey, thank you. democrats are trying to come up with a way forward following their disastrous showing in the midterm elections earlier this month. what they're doing and how president obama fits in, are the subject subject -- >> reporter: a rare bipartisan tone from president obama after his party suffered major losses in the midterm elections and now there are signs of democrats fracturing. >> the bill is not passed. >> reporter: last night majority

leader harry reid through mary landrieu a -- allowed the measure to fail by one vote. it was a victory for the environmental wing of the party, while organized labor landrieu and joe manchin are out in the cold. >> i did not ask harry reid's permission to do this and i did not ask mitch mcconnell. >> msnbc host rachel maddow blasted -- >> democrats you are amazing, you have been astonishing for some time, but right now in this lame duck period, you are astonishing, now roll over and play dead. >> yet the president's actions reveal a decision to go left on issues, such as keystone,

immigration and climate change. >> we cannot forget the need to lead on the global fight against climate change. >> reporter: the leaders found a leadership spot for massachusetts senator elizabeth warren. >> our country is headed in the wrong direction, the game is rigged, but we know how to fix it. >> then just today, a close ally of democratic leader nancy pelosi, california's anna esu lost a tough battle to be the ranking member of congress. some rank and file members say it's all part of the aftermath of a difficult election cycle. >> i would call it disarray, but there's some thoughts about what direction, what strategy, what vision we should have yet. >> retiring michigan democratic -- reechblt interview about republicans being able to withhold funding for mr. obama's immigration action, perhaps a sign after six years some democrats have had enough. bret? >> mike emmanuelle, ely on the hill tonight. up next, just who found all

those outrageous jonathan gruber comments about obama care anyway. we'll hear from them, first here's what some of our fox afill cats across the country. wsbn with a record contract for an american athlete. miami marlins outfielder signed his 13-year, $325 million deal today. this year the 25-year-old stanton led the national league in home runs, stolen bases and intentional walks. in buffalo, 5 1/2 feet of snow have fallen and isles not over. roads are cloudy skiesed, train service suspended and at least six people have died. governor andrew cuomo expects it will take four to five days to clean up there. >> and this is a live look at detroit, from our affiliate fox 2. the big story there tonight. a looming showdown between the federal government and the japanese company that makes car

air bags linked to multiple deaths and injuries. the government wants them to recall millions of potentially faulty drive's side air bags. but the company suggests that only high humidity areas mainly in the south are sufficient. that's a look at outside the beltway from special report. we'll be right back. [ fishing rod casting line, marching band playing ]

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if you have ever wondered how jonathan gruber's inflammatory statements came to light -- >> reporter: those damaging comments of jonathan gruber were not disclosed by any media organization, they were unearthed by a philadelphia investment advisor named rich winestein who says he doesn't

even want to provide a photo. >> because this isn't about me, it was about what was out there. >> winestein spent hours -- >> it was very frustrating because i'm trying to rung my company and do what i have to do and you find this stuff, and you're like holy smokes, i think i've got something here that's important for the american people to see. >> winestein's own health insurance was cancelled because it didn't comply with the obama care law. obama care subscribers wouldn't get tax credits if their states didn't set up exchanges. including fox news, national review, forbes, glen beck and got nowhere. >> i was going to give them everything i have for nothing. >> he finally posted a comment

on "the washington post" website where a conservative activist picked it up and created some attention. he tweeted a link days later saying john than gruber mocking the american people, but he's still avoiding the limelight, especially with pundits poking fun admit romney's appearance. >> and i thought, holy cow, if they're going to do that, what are they going to do to me? so i just want out. >> it's hard for any -- even in this age of social media, it's not always easy for a citizen journalist to break through. bret? now a closer look at one of obama care's most contentious and expensive features. and what professor gruber had to say about selling it to a skeptical audience. here's chief national correspondent jim engel. >> of all the taxes in obama care, none is more onerous than the whopping 40% cadillac tax on

employer based health plans. >> the only way we can take it off is first by mislabeling it calling it a tax on insurance plans, not a tax on people. and we all know it's a tax on people holding those health plans. >> reporter: later gruber said because the tax was a political nightmare, the president wanted to phase it in to draw less fire. >> that's called the cadillac tax. >> reporter: a cadillac plan will cost $27,000 for a family of four in 2018. unions unions -- >> many unions have complained this is going to hit them disproportionately because they have collected rather expensive insurance plans through their company. >> reporter: but private employers started the moment the

law was passed to shift more cost to their workers. >> i think no one will pay it, instead of providing more generous benefits and providing a 40% tax to the government, the companies will simply offer less generous health insurance. >> about half of all union workers are public employees, meaning taxpayers are the ultimate imemployer who will bear the burden of the tax. >> ten years after the cadillac tax is in effect. they're estimating the cost at half a billion dollars, just for this excise tax under obama care. >> reporter: and across new york state t tax will hit 160 school districts. >> so think about it, what are the options for these school districts? >> reporter: raise property and other taxes or cut health benefits meaning new union contracts have to be negotiated. some republican proposals would also deal with cadillac plans but with a lighter hand allowing tax reinsurance only up to a certain legal.

>> they allow you to have a certain amount of health insurance tax free, you go above that and you have to pay taxes on it. >> which would cost less for most union members having their health insurance cut to avoid the tax. the dow lost two, the s&p 500 dropped three, the nasdaq gave back 27. next republicans mulling running for the white house show up in force in florida.

the path to the 2016 republican presidential nomination apparently goes right through boca raton, florida this week. john roberts is there tonight along with several people auditioning for the parties seal of approval. >> reporter: it was a buoyant

meeting in boca, with governors from 16 states, in addition to control of the house and senate. but with victory comes great responsibility. >> now is the time for us to do something with it. we cannot just be the anti-democratic party, i oppose a lot of the president's policies. >> reporter: as the government assembla sasem bld to -- now i've got soe decisions to make about what i want my future to be and i'll take some time to make those decisions. >> 7 or more governors could take a run at the white house. >> i don't feel in hindsight now that i was anywhere near prepared. >> prepare for a possible run. acknowledging that hub russ got the better of him four years

ago. >> i ran for governor three times, what could be harder than that. >> reporter: bobby jindal is facing approval ratings at home. >> the first time in our lifetime, the american people think their children are less likely to have the same or greater opportunities than those we inherited from our parents, that's just wrong. >> governor chris christie earned big money lined up behind a possible run. >> i haven't made any decisions yet, i don't intend to make any during calendar 2014. >> perhaps most battle tested is governor scott walker, who's gone through three elections including a recall. >> the closer i have gotten to the position, the more i realize, you do, and you have to be crazy to want to be president. for me part of this calculation on whether or not to run or not

is whether or not i feel called to. >> reporter: not surprisingly, nearly all of the governors i talked to think it would be better for an executive to become president in 2016, rather than somebody who's been in congress. >> john roberts live at the rga down in florida. john, thank you. >> the acting director of the agency that is supposed to keep the president safe is warning of potentially dire consequences from low morale. temporary secret service chief joe clancy told a house committee today embarrassment from scandals has taken a major toll on the service. heavy security today in jerusalem, one day after a terror attack at a synagogue took the lives of several americans.

coming up how mickey mouse got more votes than either of the candidates in one florida county. the grapevine is next.

a. now some fresh pickings from political grapevine. earlier in the program mike emanuel reported on fracturing within the democratic party. now to another issue that has

dprak house members at odds. an eight months pregnant congresswoman who is also an iraq war veteran and double amputee, being told she cannot vote by proxy in the party's leadership elections. illinois representative tammy duckworth cannot travel during the last month of her pregnancy. but minority leader nancy pelosi says there are no exceptions to the rule prohibiting proxy in the democratic elections. published reports hint pelosi's stance could be because duckworth opposed one of the leader's favorites. from mississippi's bennie thompson, a lot of people felt that tammy's patriotism and sacrifice warrant part tis pace. and if it came to a vote, i would vote to give her a proxy. pelosi argues that the one exception is making -- for their own reasons why they should be able to vote.

the most famous guy in orange county, florida got hundreds of votes in this year's elections. mickey mouse got 200 votes. other vote getters included president obama, kanye west and darth vader. as well as more ambiguous characters, like someone honest, anyone with sense, and the grapevine favorite, almost literally anyone else. and santa may have some competition for some of those reindeer he uses. russian police want to use reindeer to track down criminal who flee to icy remote arctic regions, stating police cannot navigate the terrain there. some may argue why not just use snowmobiles. santa's -- an ongoing

dispute, not at the north pole, but in the pacific northwest. dan springer has the lowdown on this schoedown. >> the line youp of trucks at the port of tacoma is well over a mile long. commerce at this deep port and others along the west coast have slowed to a crawl. manufacturers blame the union longshoremen who have been working without a contract for over three months. >> these slowdown tactics are simply done to influence negotiations, to try to extract concessions during these talks. >> some ports are moving about half as many containers as normal. union leaders deny a slowdown instead pointing to a shortage of truck chasis. >> those jobs use to be on the docks, they used to be good paying jobs, paying $25 to $35 an hour, and now those companies are looking for cheaper ways to

get that work done. >> reporter: caught in the middle are small businesses and their customers. apple crops are getting less valuable by the day and washington state christmas tree farmers are taking a huge hit. 2,200 of their biggest and most valuable trees are sitting in shipping containers at the port of tacoma. they were supposed to leave for hong kong three weeks ago. >> i don't care which side whether it's the port authority or the union, somebody is not doing their job. and this should have been revolved months ago. >> reporter: now it might be getting too late for retailers on both sides to -- for many it's shades of 2002, when a west coast port slowdown led to a 10-day lockout and billions of dollars in lost income. bret? >> dan springer in seattle, thank you. the justice department says it collected almost $25 billion in civil and criminal penalties

during the physicifiscal year tt ended. that's three times the haul from 2013. settling up over cases arising from the 2008 financial crisis. president obama sets the date he'll reveal his decisions on immigration reform. that's tomorrow night at 8:00 p.m. eastern time. we'll talk about it and the fallout with the panel when we come back.

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what i'm going to be laying out are the things that i can do with my lawful authority as president to make the system work better, even as i continue to work with congress and encourage them to get a bipartisan comprehensive bill that can solve the entire problem. >> the president would be well served not to go downing this path because he is putting at risk and at peril some things he

could do for this country. >> he is going to make this speech during prime time about this executive action to shield 5 million people from deportation. speaker boehner, through his spokesman releasing a statement, if emperor obama ignores the american people and announces san amnesty plan that he says exceeds his constitutional authority, he will cement his legacy of lawlessness. today a poll out with "the wall street journal" nbc, president obama's executive action on immigration, there you see the disapprove numbers out today. and on the issue of pathway to citizenship, it's the other way, favored 57%, opposed 40%. george will, juan williams, columnist with the hill and syndicated columnist charles krauthammer. >> i think the poll you showed

is very encouraging. on the one hand some people are agreeing with the president on the -- on the other hand the same people are saying -- people are talking about how if obama acts, it will poison the well, they won't be able to work together for the next two years, or it will ruin the chance of getting an agreement in congress over immigration. but those are much smaller stakes than what's really at stake here. history is not going to care much about what's going to happen in these two years, but it will care about the encroachment of the executive in a gross way, on the prerogatives of congress. but the president himself has reiterated over and over again, this is something he is not allowed to do, it is outside his powers and now all of a sudden he's got a couple of lawyers that of course will finding nick you want in the law, you can

indict a ham sandwich if you want. it is not, he knows it and the damage it will do to the celebration of powers will be great. >> what about this turn about and how it plays politically up on the hill. >> i think it looks hypocritical on hiss part. that's why everybody's talking about it. he said it looks like it's beyond my power to the latino group that have been asking him to do this for several months if not years. i think the underlying story is very interesting is that he very much wanted the congress to act and the congress has had a year and a half i believe since the passage of this by partisan senate bill to take some action. and even today, harry reid up on the hill said that if that bill was brought to the hill, it would pass. but that republicans, as part of their policy of on struck

isation and the like, and playing to the tea party base that says this is amnesty refused to allow a vote. so i think that's the key issue. and i just have a strong feeling here, it's no different than what charles just said. when i look at history, i remember ronald reagan using executive authority, i remember george bush, george h.w. bush, i remember bill clinton using it. >> they used it for a number of different things. on the issue immigration, rush limbaugh was on his show responding to your very point, take a listen. >> ronald reagan signed a piece of legislation, it was the simpson missouli act. it was to grant amnesty to 3 million citizens, and reagan signed it. they where saying that's exactly

what obama's going to do. they are claiming that reagan signing legislation, thereby making it legal is the same thing as an obama executive order. it's breathtaking what they're trying to say here. reagan had a statute. behind him. >> fair, george? >> it is, and it goes beyond that. let me explain why, i think this is institutional vandalism that we're seeing here. after 9/11, the fbi and other law enforcement authorities said we are going to have to devote fewer resources to bank robbers for example and more to fighting terrorism because of scarce resources. this is very different, the president is nullifying a law, he's not doing so because we have scarce recourses, he has never mentioned that because --

he is rather saying, something radical has changed and he doesn't say what that is from the years of 2009 and 2010, when he had the majorities in congress that would have enabled him to do whatever he wanted. he's not citing as we did after tian'anmen's square. he's not citing any legal opinion from the office of the department of justice that would explain why he's doing this. he's doing this because he thinks he can. it's nullification, it's not enforcement discretion in any meaningful sense. >> you say there's not a scarcity of resources, but in fact i don't think anybody's making the case, george, that we have the capacity to deport these $1 1 million or 12 millio people. >> or the will. >> or the will, good point.

>> in that case it is a matter of discretion, or administrative relief to use that authority to then say, this is how we will prioritize, we will go after people who are a threat to our society, but we're in the going to break up families any longer, and rush limbaugh's point, which i took to heart. rush limbaugh is talking about simple son missouli, is that after that law families would be allowed to be broken up. >> 1986 that passed both houses of congress. >> the only rationale obama is citing in doing this, excuse me, there's a frog in my throat here, is not lack of the resources, it's not a crisis, it's not something new, as he

said, the system is broken, it has been for decades, it is one thing and one thing alone. i waited along enough. that's what call diya says. i waited long enough and the national assembly hasn't acted, so i'm going to issue a decree. that is not how it works in our system. >> lindsay graham says that -- ted cruz thinks all the nominations should be held up. until this illegal amnesty is removed. in his words. a deterrent to a lawless president. what are republicans going to do, what do you think they should do to push back against the -- >> two of which you just cited, but they can also slow down all kinds of things in the senate.

this government works on commonality and consensus. and the president by destroying both is going to find out just how many grains of sand they can put in the gears. >> texas would look seriously at filing a lawsuit about this. next up, democrats fret about fixing a broken democratic party. get fast-acting, long-lasting relief from heartburn with it neutralizes stomach acid and is the only product that forms a protective barrier that helps keep stomach acid in the stomach where it belongs. for fast-acting, long-lasting relief. try gaviscon®.

what on earth were they thinking spending their time doing. this how is this conceivably by any stretch of the imagination a constructive use of time by the democrats? >> democrats, you are amazing. you are -- you have been astonishing for a long time but right now in this lame duck period you are astonishing. now, roll over and play

dead. >> rachel how do you over on msnbc. she often has things from the democratic party and the perspective and last night she was on fire. ripping the party. she is not alone. there are a number of articles doing the same thing about the keystone xl pipeline vote. but, on the other side. you have moderate democrats and labor unions weighing in. including terry owe sullivan with the labor union of north american. democrats cowardly stepping in line throwing colleague mary landrieu along with blue collar construction workers under the bus. so what about the breakup of the democratic party? you hear about the republican party. the split in the democratic party. charles? >> well, that's been the story of the public civil war for two years, four years now and the press has not looked at all at the crackup that's among

democrats with mary landrieu you almost have to feel sorry for her. first her party cuts off her funding for the runoff. and then it throws her a bone where it gives her finally a vote on keystone so she can show that she has some influence. and she loses because not enough democrats will support her. none the less, vote, there were 14 democrats who supported the keystone. three of them are going to be out of office next year. which means you there are going to be 11 democrats. add that on to 54 republicans. mid 60's on this as soon as it comes up again. obama will have to veto probably will but let it be an issue to the two to one americans support this because there are no arguments against it that make any sense. and it just shows how far and how ideological democrats have becomes a they lose their moderates in these elections. it's becoming a party of the left. and that is not going to help them in the long run. >> to the broader point, you do hear this griping. i mean, you have this big

losses in the mid terms that many don't really want to talk, about obviously. you still have the leaders being elected, reelected and nancy pelosi, harry reid, debbie wasserman schultz term doesn't end until 2017. there is not a sense that the party is changing that much. >>. no in fact, the argument from what i can see is that the party is being pushed farther to the left. and it comes back to something charles was just saying. you know, you look at beg given is gone. hagan is gone. prior is gone. for the next congress. so, you are having the conservative democrats disappear. now, liberal republicans that's an ache critical condition ache critical critican anymorism. vote on the pipeline from the democrats. at best this was allowing mary landrieu to make the point that she is pushing the vote. she asked for a vote. she forced a vote. she lost. >> but, to rachel how do

you's point what a waste of time. >> not a waste of time for mary landrieu. i think it will be very clear as you hear her campaign and see her campaign ads that she wants to steak out some territory in saying she still has influence, she can push things. >> and lose. >> she lost this time. >> george? >> barack obama once said that he wanted to be as consequential in his own way as ronald reagan was. he is in this sense. he is the greatest builder of the republican party since ronald reagan. today, there are many fewer house democrats, many fewer democratic senators. many fewer governors. the republican party controls more state legislative chambers than at any time in its history. there are 149 southern congressional districts. understanding the south is the 11 stafts the confederacy plus oklahoma and kentucky. of the 149, 110 of them are republican. i mean, they are just -- the numbers are appalling what has happened under this man. now, this is the guy who said on the eve of the 2010

she lacking he took. don't worry, you've got me. in 2014, their problem was they had him. as an enormous weight in their saddles. >> so, who does this potentially help? who does it hurt? does it empower the elizabeth warrens for a party that may strive to go to the heart, its core? >> it does empower her. she doesn't have a shot at the nomination as long as hillary is there. but, it means if hillary runs and loses, as i think she likely will, that's when you are going to see a left wing takeover of the party because that is all that's left now after all -- it's ironic, obama pulls the party left and it's the centrist democrats that get wiped out and the party is going to go even more left and it's not going to help it. >> i think maddow is expressing anger at the left at the fact that the democrats aren't as vicious as the far left in the republican. >> that is it for the panel.

stay tuned to see how one dad handled a metsy situation. here's some news you may find surprising.

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finally tonight, if you have kids you know that punishing them isn't always easy. some parents definitely struggle with it more than others. >> whose idea was this? are you guys in trouble? >> yes, daddy. >> what should we do? >> i don't know. >> what is funny? >> nothing is funny, buds you guys have paint everywhere. >> in our hair, daddy? [ laughter ] >> how do you think we are going to get this paint off? >> [ laughter ] >> what is funny? what is funny? >> what is funny?

thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. no online show tonight. we'll be back again in a couple of weeks. greta goes "on the record" right now. beansz, one republican senator warning get ready anarchy if president obama takes executive action on immigration. tom coburn says it could get violent. this is president obama's biggest power grab yet. get ready, because it is coming in a video posted to facebook, the president announcing that he will take executive action on immigration and he will tell the nation all about it in a prime time speech tomorrow night. >> what i'm going to be th my lawfuls the things i authority as president to make the system work better. >> he is expected to sign an executive order this week that may legalize up to 5 million undocumented people. >> what obama is about to do is