-- captions by vitac -- www.vitac.com our top story top congressional leaders meet with president obama for more than an hour tonight. when they were done the message the said, no deal no negotiating. day two of the shut down continues. let's hand it off to anderson cooper 360 now. erin, thanks, good evening everyone. we begin with breaking news. white house talks with government shut down ending an hour ago with no end to the stand off in sight. >> times like this, the american people expect their leaders to come together and to try to find ways to resolve differences. the president reiterated one more time tonight that he will not negotiate, i wish, i would hope that the president and my democrat colleagues in the senate would listen to the american people and sit down and have a serious discussion about resolving these differences. >> that's john boehner. house republicans late today passing a pair of bills to

selectively reopen the government to fund national parks and the national institutes of health. harry reed calling that and threats not to raise the debt ceiling unless the president's healthcare plan is rolled back, game playing. >> we're through playing the little games on all focused on obamacare. they did the same thing to social security, they did the same thing to medicare and trying to do the same thing to obamacare. >> to many, none of this is a game, it could be life or death. a young woman is fighting cancer, she needs treatment that she can't get because of the shut down and investigators aren't investigating plane crashes and consumers and workers and the list goes on and on. dana bash is on capitol hill where it began and hope cfully n

end soon. what do we know more about? >> reporter: i think what you saw is what it was, which was not very productive at all. it's the big difference between tonight and what we've seen over the past few weeks is the only difference is they were actually talking to each other eyeball to eyeball as opposed through us in the media. it did not go well in terms of any kind of movement at all. maybe the only benefit is that they did actually express themselves to one another and maybe that could crack the stalemate in the future, but so far, it didn't work. >> there are now several moderate house republicans who changed their mind, right, saying they are willing to pass a clean bill with no strings attached. would they actually have the numbers to do that at this point if john boehner allowed it? >> reporter: with all conversations i had with moderate republicans, they have the numbers but to be honest, they don't have the will and that's a different thing. what i mean by that is a lot of people say they want to pass a

clean bill, a bill with no strings attached, forget obama care, fund the government, get it reopened and that's it but they are not willing to stand up, bang on john boehner's door saying do this or else. they try to stage revolts, it didn't get far because boehner went out to the house floor and talked to members saying don't do this, give me time. we'll see if that changes as the week comes to a close, but so far, they -- again they said that they would vote for a clean bill but not willing to push and force john boehner to bring one up. >> and this peace mill spending measure that passed in the house tonight that would fund the nhi and reopen parks, those measures won't go anywhere in the senate, right? >> reporter: absolutely not. the whole goal republicans have and are honest about it is to try to turn the tables on the democrats. they understand that they are getting the blame for this for the large part for this government shut down and they want to try to put the blame back on democrats for not at

least funding some of the most visible, some of the most heart wrenching areas of the government. we talked about clinical trials, that's a great example. the house passed a bill to fund the national institute of health, harry reed said no, i'm not going to do that today because he said i'm not going to take one for the other. i'm not going to put one group against the other and that does put democrats in a difficult position but standing firm saying all or nothing. >> mat salmon is deep in the trenches on this and joins us now. appreciate you being with us. this peace mill approach is expected to be rejected by the senate as dana said. i guess what i don't understand, how are republicans picking these agencies? >> honestly, anderson, you got to start somewhere and this peace mill approach is the way congress is passing budgets for many, many years. in fact, when i was here back in the '90s we also passed 13 appropriation bills, and that was the budget and we would send

them to the president and he would sign them one by one. >> is that anyway to govern? isn't the tea party and those who support you about fiscal responsibility, standing on principle. is that a principle stand? >> no, the best thing would be to pass a continuing resolution and keep the government open and honestly, that's what we're trying to do. over the last several weeks we've been trying to dialogue with the senate and with the president and it's hard to dialogue when they say my way or the highway. there has to be some give and take. that is the process. that's the process that's been adhere to for a couple hundred years that we all have different opinions and sit down at the table and work things out. i would hope senator reid would appoint a conference committee so they can work out the details and get a budget and get the government back open. >> those who support the white house position on this and democrat's position say look,

this president of the united states ran on obamacare and the american people voted on this. i know house republicans point to polls show it's unpopular but this president wasn't elected, the presidential candidate ocho boasted to obamacare lost. isn't there losers and winners, don't you have to take the losses and move on? >> anderson, when this bill was originally passed, obamacare, it was passed in a lame-duck session with 80 defeated politicians with no accountability back to the voters. there were problems and glitches in the bill and the president has rightfully postponed some of the provisions of obamacare because they are bad and we would like to work with him to try to postpone other bad things. >> but you're describing like it was passed by criminals in the middle of the night, you called them 80 defeated politicians and they were serving lawfully and passed by the supreme court. >> they are not accountable back to the people -- >> they are. they were elected by the people.

i know it was at the end of their term and you would have an end of your term and i don't think you would like to be called not accountable -- >> i think the lame-duck sessions are a travesty and don't help. when you have people that have to stand for election and explain tthe voters what they did, that's an important part of the process. this bill, i believe, will drive us further into a part time economy and i think we have a responsibility to go back and postpone bad parts and dpfix th and move on and i think most americans are with us on that. >> the president of the united states said he's willing to talk about things that might not work and talk about it down the road but not to be held hostage to your group of congressmen. >> we've passed over 40 measures in the last couple of years on obamacare -- >> and they all failed. >> that's right. not one of them has seen the light of day.

when has the president negotiated with us? never. if he doesn't negotiate now, when will he? there is faults just like the last one. we have to take the time we have now, this is policy matters and i think this is a reasonable approach to share opinions, have them share their opinions and have a vote. the american process is to have -- when we have differences to have a conference committee come together and work out the differences and that is the process. >> but isn't that what this president was elected on? he ran -- this was clearly discussed and been discussed for a long, long time just about everywhere. haven't the american people spoken on this in two elections with this president? >> weren't we in the house of representatives elected against obamacare? >> the 40 of you, yeah, but there is moderate republicans who would be willing to pass this, as you know. >> there is not one republican that voted for obamacare, not

one. >> right, but there are many republicans right now, we talked about a number that changed their mind that would be willing to vote a clean bill moving forward. talking to pete king last night, he's opposed to obamacare but he said look, you don't have the votes to be funded so you got to move on. >> anderson, bringing up republicans that support that position, how about the 35 democrats that voted with us on these funding measures tonight? how about the 35 that voted with us yesterday? how about the 35 that voted with us when we wanted the postponement of the individual mandate along with the provision that says congress has to live under the same laws as every other american when it comes to obamacare? we have a lot of democrats with us on that. >> appreciate your perspective on that. >> thank you. congressman, you just heard,

representative salman talking. does he make some sense here that this should be a negotiation that this is a time that it's time for the president, time for democrats to sit down at the table and negotiate? >> what i think, anderson, thank you for having me on tonight. anderson, it's time to get off the affordable care act kick. they had a 43 -- at least 43 times two repeal the act. by the way, which for the record, was not passed during a lame-duck session. it was passed in march, three years ago in march and as a result of that, some of my colleagues from the democratic side lost their election because of it but if you ask them today, it was one of the greatest things they did for the american people and today, millions and millions of people have the opportunity to afford insurance for the first time. that's something to celebrate, not something they should be trying to repeal. what mr. salmon said about negotiations, you don't walk into negotiations and say either

you repeal the affordable care act or we will shut down government but that's what they have done. that's what they have done, anderson, they shut down the government because of their agenda, hay friday for the affordable care act. that is irresponsible, wreckless and unacceptable. >> john boehner was clearly frustrated. he said we have a divided government and put republicans in charge of the house. could democrats give in on? >> i think john boehner is frustrated and more frustrated, anderson, by his own caucus. i don't pretend to understand the ins and outs of that but he's sided with the far right, with the tea party within his caucus as you mentioned yourself, there are members of the republican caucus who want a clean sea arm and bring it to the floor. i hope they have the fortitude to do that.

anderson, the democratic caucus we have tried to find a solution here. that is, we've come down to the republican number. we would like to be at 1 trillion 50 their number is 9 87. we agreed to that. to have a continuing resolution so we can get down and negotiate a conference committee on the budget. that's where i would like to be and the democratic caucus would like to be. there is two things congress is responsible for, pass a budget and pay their debts. the republican caucus has already failed in the first and i unfortunately, believe, we're heading down the wrong way on the ladder. >> congressman, i appreciate you being on the program tonight, as well. thank you. >> thank you, anderson. i want to bring in republican consultant, alice steward served in the 2012 campaigns of rick santorum and michele bachmann and rich who had a ring side seat as well in

1996 as spokesman for house speaker newt gingrich. you were optimistic about this meeting, any reason for optimism after what condwregressional les had to say? >> neither side wants to negotiate but the fact of the matter is, it reminds me of my old boss governor huckabee had a plaque that said come, let us reason together. the president says come, let's not negotiate together and we should have had the conversations along time ago instead of two days after the shut down at a stalemate. if anybody is in a better position to end the stalemate, it's the president. the republicans have come forth with three propels to do what the people want, which is not shut down the government and make fairness apply to everyone when it comes to the affordable care act and senate democrats aren't doing that. >> paul, what about that? is it the president's obligation

to negotiate? >> well, of course, and he and his party have. now, i committed math. i was a liberal arts major, i committed math and looked it up. i looked at the original budget proposal. he asked for $1.2 trillion in discretionary spending and the house republican budget, congressman ryan and republicans wanted 967 so there was 230 billion separating them. the democrats are agreeing to 92% of the cuts. nan nancy pelosi talked about it. she has her caucus ready to vote for cuts they hate and ready to support. when you win 92% of the funding cuts you want, it's called a win and the tea party people, i don't know if they are too crazy or stupid or cruel but there is something wrong. they have a screw loose if they don't take the deal.

>> rich, did the republicans take the deal? >> after that string of adjectives, i'm breathless. >> that will win them over. they don't want to deal with me. >> here is what i think about the negotiating thing. if the white house is not going to negotiate, the president has decided that this is his position and nothing is going to change it. how do we know that? because one guy has not been seen for a week and a half, and that's joe biden. joe biden has been in the united states senate his whole life. he was elected when he was 29. you have to be 30 to get into the senate. he turned 30 before he was sworn in. he knows every cobweb in that place and if the president had any inkling that he wanted to actually sort of figure something out, he would have joe biden out there all day every day and probably get it done. so nobody wants to negotiate, so far, everybody is looking at polling, seeing what they want to see, maybe it's right, maybe it's wrong. we'll find out in about 11 months. but i don't see this thing

getting off here for sometime to come. >> to those who support the president and say why should the president have to negotiate on the signature, you know, thing that he supported from the time he got in office and before he first ran, which is this affordable care act, why should he have to give that up or shuttle key parts of it? >> although, i don't agree with it. if that were the case, then when hhs, health and human services decided to delay the employer mandate for a year, if republicans had put that to a vote on the individual mandate at about the same time, then i think they could have had this kind of -- this kind of discussion. the president is not a very good negotiator. his negotiating strategies are give you everything you want or don't talk to you. he doesn't really kind of get this give and take stuff. granted -- >> and -- >> house republicans aren't

doing better. harry reid was so frustrated today, he yelled at dana bash. who yells at dana bash? >> simply because this obamacare was sold as and what was passed is not the same one that is now being implemented and executed because what he has done, he has picked and chosen those under the employer mandate the provisions will be delayed for a year. my question is under what rational can he decide those people should be delayed for a year and members of congress have to fund the -- >> then inpeach him. >> they should create fairness under obamacare and delay -- >> paul, what about that argument? because that's the argument a lot are making that the bill that was voted on that was passed is different than the one the president is now released to the public. >> because he has shown flexibility and compromise in

implementing it. that's why the whole thing is fraud from the republicans as peter king said. truth is the employer mandate is a small part of it. the individual mandate, a republican idea newt gingrich first proposed is a big part of it. he's shown flexibility. he's shown compromise and the republicans don't want to compromise and certainly don't want to negotiate. here is how this ends -- >> paul, to be fair he did that unilaterally. he didn't do that in consultati consultation. he just did it. that's not really a negotiation. >> it's not -- >> and the key with that, he has the power to do that and unilaterally by pass congress and impose that executive action, but at the same time, congress under article one of the constitution has the power of the purse so they don't have to fund the new law recreated so that's an important -- >> alice knows this but the government shut down hurts a lot of people and a lot of good

people but doesn't hurt obamacare and the good people helped by obamacare and that's the tragic flaw of this fraud of a republican strategy is it's not even stopping obamacare. >> we got to leave it there. paul, alice, rich, good to have you on. more breaking news tonight, the white house weighed in and details from jim acosta. and we'll talk to a mother who has cancer and why the shut down scares her right now. we'll be right back. i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way.

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hey, welcome back. jim acosta joins us now from the lawn. what are they saying? >> reporter: no progress. john boehner came out of the white house meeting and said they will not negotiate. he's right. listen to the statement that came out of the white house a few moments ago. it says quote the president made clear to the leaders he will not negotiate over the need for congress to act to reopen the government or to raise the debt limit to pay the bills congress already incurred. the president is basically baking clear what he made clearerlier today on an interview on cnbc he will not negotiate any deal that passes a temporary spending bill and signs it into law that includes any kind of anti obamacare provisions. anderson, it took them all about an hour to essentially say no to each other and we're at a stand off once again tonight. >> and i understand president obama has an event at a

construction company tomorrow. what do we expect? >> reporter: i think what we'll expect to hear the president say is the shut down has to end and talk about what is happening on october 17th, anderson, when the nation hits the debt ceiling and goes into default. he'll talk how that might freeze up credit for companies around the country harkening back to what happened to the country when the financial crisis hit in 2008. i think we'll hear the president say that and he made the comment today in the interview with cnbc that wall street has to worry this time. this is not like last time around or past crisis in this town, that there is really a reason to worry here. we heard that from wall street ceos that came out of a meeting with the president today so in audition to seeing the president, anderson, we need to see how wall street reacts because it's starting to sound very dire here in the nation's capital. >> appreciate the latest. here with us now, david, the president making clear again he

will not negotiate on funding the government. if that's the case, why meet with congressional leaders at all? is that just for optics of it? >> one has to believe it's for optics. i think tonight probably set things back. it makes it very, very unlikely we'll have any kind of settlement within the next several days. i think it will stretch into next week and intwine with october 17th. >> and john, i mean, the tone of the members of congress after the meeting with the president, it doesn't bode well for any speedy resolution. >> it doesn't but i think they knew going in there was no speedy resolution in sight. you have to have the first unproductive meeting, although the president called it useful. look, it's just washington is so broken right now you have to have a bad meeting before you can have a second meeting that will probably also be bad or get around to a third or fourth and start to go in the right direction. i know that sounds ridiculous but that's the way washington

doesn't work at the moment. >> and gloria, in the president's interview he signalled he's ready to do a deal on a grand bargain, tax entitlement reform if the republicans would fund the government, raise the debt ceiling, is that realistic? >> i don't think so. i think what the president said is look, if we can get past the hurdle, think of the good things we can do. we can -- you know, we can reform entitle mtds, i won't raise taxes, we can do everything, tax reform and do everything we've been talking about for these years if only you would fund the government because i'm not going to touch signature piece of legislation. i think he was holding it out but that's a big if because right now after this meeting tonight, i've been e-mailing with republicans and they say we were waiting for the president to blink, he didn't blink tonight and they say he will eventually but i'm not so sure. >> david, how does this get resolved? this is all finger pointing at this point. >> i think it will be resolved

by two things, anderson, the fall deadline and increasing pressure from the public and from wall street. the more people raise hell on the grass roots and send the message to washington, the faster this will get resolved. i think we need to applaud the degree to which that happens. anderson, i do think they are the makings of a negotiation here a glimmer of it at least. if the president said look, you agree the debt ceiling, we go forward on that, we don't dismantle obamacare, i'll give you a two week extension on the continue the resolution during which time we negotiate and if we don't reach a reasonable settlement, we keep fighting on that but take default off the table and take dismantling healthcare off the table then sit down and talk about a range of things. >> gloria, go ahead. >> once they, you know, get past the funding of the government, i also think that the ad machine station might be open to

amending obamacare through the usual legislative root. there are lots of things for example, repeal of the medical device tax, which lots of democrats support but i think you have to first get past this hurdle. if the president were to do major reform on entitle mtd then, he would have to worry about democrats. >> john, do you see a glimmer there? >> you have 20 or 30 members who want a piece of obamacare and want to kill it, but if they can't kill it, they want to wound it and if the president said i'm not going to negotiate that as part of keeping the government open and raising the debt ceiling but if you do those two things we'll have this conversation, the problem anderson, nobody in this town trust each other. they don't trust the president. they don't believe he would do it. that the the mess we're in. not only do they not agree but don't trust each other and like talking to each other. the fact this is the first time they met tonight when we seen this problem brewing tells you everything we need to know about

dysfunction. >> there are -- go ahead. >> the problem right now is each side is demanding the unconditional surrenderer. neither side will bow to that if they can help it. the repun g -- republicans are likely to track. don't you guys think we're into next week? >> i do. and i think that eventually, one way out of this might be to wrap it all into the question of the debt ceiling and find someway to raise the debt ceiling and avert armageddon on that and temporary fund the government while they work out the rest of this, the rest of this stuff. >> all right. >> it's one negotiation instead of two but the question, anderson, the 20 house republicans, 30 driving this go home to districts. the president lost by 20 something points and they don't feel the heat right now. >> they don't feel the heat. for more go to cnn.com.

a young mother battling a rare cancer has a message to congress about a clinical trial she's counting on to give her more time with her young daughter. she can't get into the trial because of the shut down. you'll hear more ahead. the moments leading up to the assault on a driver with an suv driving. you see them bashing the window with a helmet of one of the drivers. we'll hear more on the latest ahead. we went out and asked people a simple question:

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welcome back. no progress. the house voted to restore funding to the nih and clinical trials. here is what harry reid and chuck schumer told dana bash earlier. >> you-all talked about children with cancer unable to go to clinical trials the house is going to pass a bill that funds at least the nih. will you at least pass that and if not, aren't you playing the same political games republicans are? >> he explained it well and did it here on the floor and so did schumer. what right do they have to pick and choose what part of governance can be funded? >> but if you can help one child

that has cancer, what wouldn't you do it? >> one against the other. >> why would we want to do that? i have 1100 people at an air force base sitting home. they have a few problems of their own. >> that's no doubt true. at the same time for cancer patients like michelle the government shut down isn't an inconvenience, it could be a matter of life or death. she's battling a rare kind of cancer and diagnosed shortly after she gave birth and the cancer spread. when the government shut down tuesday she was in the process of enrolling in a clinical trial. now that's on hold. i spoke to michelle earlier. what kind of cancer do you have? >> my diagnosis is fibrosarcoma, it's 1% of all sarcomas, there is 40 subtype of sarcoma and it's one of them. >> what does that mean?

where is the cancer? >> i have tumors on my spine and my skull. i have had a few of them receipted but there are tumors that remain and just recently, my oncologist scans showed one new spot was discovered. >> you've been waiting to become a part of this clinical trial and because of the shut down the approval process is put on hold, is that right? >> that's correct. >> so how long have you been waiting to get in? >> i've been waiting for probably a couple of weeks now, and i have actually just found this clinical trial, and it was rather exciting to find, as there aren't many treatment options out there that are approved at this point. so i found it, and i made contact and nih was able to get back to me very quickly, and they had just begun the process of evaluating my records that were sent in when i was told that the shut down was going to happen. >> what went through your mind

when the person at the nih told you it would be put on hold? >> so many emotions. i was upset and frustrated. this is a potential life-saving drug and to be told it will be postponed because a decision hasn't been paid and the shut down occurred was rather upsetting. >> when would you treatment have begun or when could it possibly have begun? >> i was told that if everything went according to plan, they could see me as early as october 14th. >> wow, so basically two weeks from now. >> yes. >> how -- i mean, how important is this treatment for you? is this to be part of this clinical trial? >> it's extremely important. there is -- sarcoma represents less than 1% of all cancers and there aren't many approved treatment options out there for us and i've already done or completed two different chemo regular minutes and my body is

taking the toll. chemo is very difficult to be on long term and it's -- studies have shown it weakens your immune system and frankly, my body isn't responding as well as it used to with chemo. i need to look at other options. >> if you ran into a member of congress now, just as a person, what do you want them to know? >> i want them to know that i want them to -- it's not just about the national parks. it's about people that are in need, people that have cancer just like myself that are in need of new and innovative cancer treatment that new method -- or that more traditional methods like chemotherapy can't provide at this point. >> does it anger you when you hear people, you know, politicians talking about this on the television as if it's not a big deal or it's just national parks, it's not really impacting people's lives? >> yes, it makes me very upset when i hear that the focus more is on national park closures and

people not receiving paychecks and while that's important, too, there are people that have cancer just like me that frankly cannot wait. >> well, michelle, listen, i wish you the best and i hope this helps. >> thank you so much. i appreciate it. >> just ahead tonight, new details about the high-speed chase on a manhattan highway caught on a camera on a biker's helmet. what happened when the pack of motorcyclists swarmed a vehicle with a child inside. and jerry sandusky did not get the answer he wanted today. we'll tell you what the answer was coming up. i was made to work.

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hey, welcome back. the driver of an suv assaulted by a pack of bikers, the video showing the high-speed chase leading up to the assault went viral but the facts are still being sorted out. today prosecutors dropped charges against one biker and another biker in court today released on bail. >> reporter: businessman alexi was driving with his wife and 2-year-old daughter when he noticed bikers driving errat erratically. he calls 911 to report them. at that time a biker slows down in front of his car and he bumps into the back tire.

police say it was an accident. bikers surround the car pounding on the windows and slashing his tires. at this point he later tells police he feared for his life and takes off hitting three bikers in the process injuring one critically. the motorcyclists take off after him and he makes several additional calls to 911 described by police as frantic. minutes later the bikers catch up. the video shows two men running up to the car, one uses his helmet to breakthrough the window. the video ends here and police say he is dragged out of his car, beaten and slashed in front of his wife and daughter. the men seen attacking the car were wanted for questioning. yesterday, alan edwards turned himself in but today he was released with no charges. a law enforcement official says instead he might have been trying to help him. other bikers are being sought by

the nypd and prosecutors are still building the strongest cases possible. so far, only christopher cruise, the biker who slowed down in front of his car has been charged with reckless driving, a charge his attorney denies. >> he never assaulted this man. he never tried to assault him in any way. he does not know any other motorcyclist involved in this beating. >> reporter: police say the bikers may be loosely affiliated with the hollywood stunts and participating in an annual ride from brooklyn to time square. >> this particular group did not ask for a per rid, did not file for a permit. in fact, last year they came in with over 1,000 cyclests to be somewhat disruptive. they rode upside walks, that sort of thing. we had over 200 calls just on sunday about this particular group operating in a reckless manner. >> reporter: this is not the

first time motorcycle groups acted aggressively in new york city. this video from live leak.com shows another motorcycle gang driving on the wrong side of the street running red lights and speeding downside walks. at one point the bikers circle around a car just as the bikers on sunday did with alexi. we don't know if these two groups are affiliated but cnn learned this video is now part of the police investigation. a source says authorities are studying the video looking for a possible pattern in bikers' habits, a pattern of reckless behavior and potential violence. sus sus susan, cnn new york. >> joining me now sunny hostin and mark geragos. mark, what would this suv driver, should he be charged? >> the suv driver may end up being charged. there are laws that say even if you're just negligent, you hit somebody and injure them in a

car, you could be charged. >> if you fear for your life -- >> even if you fear for your life. in this case, we don't know. it's telling and i think we're getting way ahead of ourselves on trying to say what the facts are in this case. i think the fact that the prosecutor today rejected basically the charge of what the police brought to them speaks volumes. they want to figure out what was going on. we may find out that both the driver was scared and that the people who were in those bikes were doing nothing more than trying to not get hit or trying to get -- apprehend somebody that hit one. >> sunny, the bikers are stopped in the middle of a highway surrounding this vehicle. >> as a gang, as a gang. i don't know which video you just watched but think about a man with his child, with his wife being swarmed by a gang of cyclests who are clearly trying to antagonize him. >> not a motorcycle gang -- >> they are not necessarily a gang. >> they are swarmed of a group

of co-conspirators who think they are bad [ bleep ]s -- >> the view -- >> one at a time. >> the one anybody views this is colored by who they relate to. sunny is an suv driving mother who drives that highway. >> drives that highway. >> so she'll view them as a biker gang. >> just because they are bikers, i've heard them be called thugs, i've heard them called a motorcycle gang -- >> mark -- >> one at a time. >> there is every indication they were hiding license plates, shielding their faces. >> not these two guys. >> that they chased this guy and opened up the door and indeed, took their helmet, smashed, smashed his window, dragged him out and assaulted him and slashed him, so to say this group was up to no good. >> so the prosecutor. >> one at a time. >> that they were up to no good -- up to nothing but a leisurely drive on the west side highway -- >> if you do live in new york, i mean, i've seen these large

groups of these bikers, not on harleys but like ninja style bikes doing wheel lees, riding on sidewalks, it is an intimidating group. >> this story is such a new york story because i live in l.a. and in l.a. road rage is every day. you don't get on the freeway or do anything in los angeles without knowing you encounter road rage and give bikes their kind of distance. you can't get in the way of them. >> a gang of bikes, mark -- >> stop with the gang. there is nothing -- the prosecutor didn't just reject this case because he was afraid or she was afraid of the motorcyclist. >> you actually think the prosecution is correctly handling this case -- >> so far i do. >> i don't think i've ever heard you say that. >> i think the prosecutor is drilling down to figure out exactly what happened here. it may be a case the motorcyclist didn't understand what was going on with the suv and the su vurks didn't understand what was going on with the motorcyclist. >> one of the motorcyclist is in

a coma, legs broken, the family says paralyzed. that person has a civil case or can sue the suv driver civilly. >> i guarantee you a lawyer will take that case on a contingency. >> i agree with that. let's drill down and make it real life. if you're driving, anderson, you -- >> no, it's a scary situation. >> with your family, what do you do. >> his door was unlocked, the motorcyclist ripped open the door. >> do you want him to stand his ground and fight these 30, 40 people -- >> what if you're on a mot motorcyc motorcycle, some car comes over hits the motorcycle and takes off, you wouldn't chase him? i was laughing today. it wasn't funny. before you were born richard ramirez, the night stocker in l.a., a crowd ran him down. this guy was responsible, beat the living daylights out of him before the police got there. so i mean, they might have

thought the motorcyclist thing this guy was hitting and running. >> still a lot we don't know. that's the bottom line. thank you. let us know what you think. follow me on twitter. we learned about what it was like inside that room in the white house that president obama sat down with congressional leaders. we have breaking news ahead on that.

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more breaking news, first details of what actually went on inside the white house meeting tonight. dana bash has the story and joins us once again. what have we learned? >> reporter: it was an intimate group. i was told there was absolutely no staff there, not even the white house chief of staff, just the president, vice president and principals, the four congressional leaders there. the other thing i'm told is there was really no discussion, really no discussion of any potential compromise. the president did most of the talking saying what his position is and saying what we've heard, that he is simply not going to negotiate on this spending bill to get the government back up and running, and i'm also told that there wasn't even a discussion about, you know, kind of a wink and nod well, if we give this, you give that,

nothing at all like that. it was, again, what we've heard in public and private. >> must have been awkward, i can imagine. dana, appreciate it. thanks very much. we'll be right back. er with a little q and a for fiona. tell me fiona, who's having a big tire event? your ford dealer. who has 11 major brands to choose from? your ford dealer. who's offering a rebate? your ford dealer. who has the low price tire guarantee, affording peace of mind to anyone who might be in the market for a new set of tires? your ford dealer. i'm beginning to sense a pattern. get up to $140 in mail-in rebates when you buy four select tires with the ford service credit card. where'd you get that sweater vest? your ford dealer.

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well, we're at the end of day two of the shut down, the distance between the white house and