debt. thank you for joining us and have a great night. we will see you tomorrow. >> the house of representatives has passed a bill funding the va. lou: the senate has struck a deal on government funding in the debt ceiling. the stock market rejoicing. government reopens tomorrow, the government will have the ability to keep borrowing money. the bond market also rejoices. i am lou dobbs. ♪ ♪ ♪ ♪ lou: good evening, everybody. republicans waved the white flag in the stock market soars. it appears that the government will be open tomorrow just in time for both the house and the senate to adjourn.

more votes will take place on capitol hill tonight. we will have those results for you. the senate taking up the harry reid and mitch mcconnell bill at any moment. it will be passing tonight before going over to the white house for the president to sign. this government shutdown in 16 days ago in speaker boehner has said we have fought the good fight, but we just didn't win. end quote. but the white house claimed victory while still taking shots at congressional republicans for their refusal to give the president exactly what he wanted. >> there are no winners here. we said that from the beginning and we are going to say it to the end because it is true. the american people have paid a price for this.

nobody sent here to washington by the american people can call themselves a winner if the american people pay the price for what has happened. and the economy has suffered because of it, and it was totally unnecessary. let's just remind ourselves that we are not even out of it yet, it's not done. lou: the extent of just how much the economy has suffered is questionable at best. the dow jones industrial average, for example, gaining 1.5% since the partial government shutdown began 16 days ago. the bill expected to pass the senate and that any moment, speaker boehner is confident that he has the votes for passage leader in the house. chief congressional correspondent mike emanuel as the report on capitol hill. >> thank you to the lawmakers who understand that when everyone loses, america loses.

>> even the senate chaplain is reluctant to call anyone a winner on day 16 of the government shutdown. the deal brokered by carrie reid and republican leader mitch mcconnell would fund the government through january 15 and republicans would have preferred longer. it will raise it until every summer, and the democrats would've liked it to extend much longer. there is income verification for those who receive obamacare subsidies on the exchanges and it includes instructions for a bipartisan budget committee to address long-term fiscal issues by december 13. >> we kept finding out why we cannot come to a budget conference and this bill will have a mandatory budget conference and it has to report back and go back to some regular order. that was very important for all of us to agree upon. reporter: mcconnell is not fussing with spe efforts on 11. >> we are protecting spending reductions of both parties agreed to under the budget control act. and that the president signed

into law. that has been a top priority for me and my colleagues on the republican side of the aisle throughout this debate. reporter: after losing several weeks, the senate majority leaders struck a peaceful tone. >> most important, we are crowning work of washington to a halt. this is not a time for pointing fingers or blame. this is a time of reconciliation. reporter: a wildcard in the senate, ted cruz signaled his intention. >> i have no objections to the timing of this and the reason is simple, there is nothing to be gained from delaying the vote one day or two days. the outcome will be the same. reporter: late in the day john boehner said the house while everything he has to convince the president to engage in bipartisan negotiations to address the nation's debt and provide fairness for the american people under obamacare. speaker boehner pledge to continue the fight but said that blocking a bipartisan agreement reached today by the members of the senate will not be a compromise for us.

reporter: this does not solve spending and debt, but would allow the government to reopen and the fight to continue. lou: mike emanuel from capitol hill. wall street clearly delighted that washington has at least moved on. the dow jones industrial on the news of that deal, gaining 206 points and the s&p gaining 23 and the nasdaq up 45. the bushel price out the content wilshire 5000 measuring paper gains. and our first guest tonight are two republican members of congress that have differing views on the senate plan, joining us as renee ellmers, member of the house committee on energy and commerce and the republican women's policy committee and member of the appropriations committee as well as ethics committee. we thank you both for being

here. this has been a tough day. congresswoman, let me begin with you. what do you expect to be the consequences of the deal and will house approve of that? >> it will get passed. of course i will not be in favor to vote for it because it simply does not have in it what i have promised my constituents that i would vote for if we raise the debt ceiling. the reforms and spending cuts were not there. i really wanted to relate the obamacare individual mandate and it was not fair. so this is the issue and i do believe that it will pass. it has been up-and-down, it has been a tough time for us. but i think actually this is a learning time for us and we can all come together and move forward. because we have to fight for the american people. lou: congressman, do you support the deal tonight? >> yes, i will. it's absolutely essential that as members of congress, we restore our fundamental responsibility to pass the budget and essentially fund the government. the government never should have

been shut down in the first place and even more important, it's essential that america never default on its obligations. there are many people that would be negatively impacted in on me for the well today and many real people would've been very much affected as we are plunged into a recession and who knows where this could have taken us where no one really wants to go. sadly, it's the right thing to do. it's not a time for high-fiving. but at the time that we show the american people that we have the capacity to self govern. lou: do you think the republicans, even with your differing views on that, but you're both republicans, the big caucus is in charge of this deal tonight. at what point does the republican party just have to say, to membership, to the entire caucus that we have to come up with new approaches because these things are taking a real big hole on the brand of

the republican party, taking a toll on your prospects and by that, i mean that to sound you appear acquiescent and congresswoman, you seem to some to be too strident, perhaps even extreme. how do you reconcile this. you say it's a learning moment and a teachable moment, what do you do? >> i think the important thing here is that we have to remember that each one of us has a different constituency that we represent. my district is very different than charlie. so we have to come together as a unified group and we have to respect each other's views and we have to understand the ultimate goal here is to work for the american people and get fiscal responsibility back on track in washington, which as you know has been weighed off for some time. i believe we can do that. we have to make sure that we are following a strategy.

sometimes that comes in different pieces and parts. sometimes it doesn't come in one fell swoop. >> i just want to say that the differences of opinion between myself and renée and many others, we are debating tactics and unfortunately -- i'm not saying rené in this case, but there are some who have elevated disputes to the point of philosophical disagreements and we both agree that obamacare is causing all sorts of problems and we want to get this repeal delayed and we also understand we have a responsibility to govern. there are some have suggested that because we disagree with the approach of defining obamacare, it's hard to continue resolution we somehow support obamacare. that is absurd. a good conservative like renée will be called all sorts of names, even though she is a solid conservative. but she may have had some disagreements that we all knew would be unsuccessful. lou: so what we're going to call

you? >> yes, that's fine, i can handle it. i'm just saying that a solid conservative like renée will be called all sorts of names as well. unfairly. but we as republicans should not elevate these tactical disagreements with matters of such great magnitude in our party. lou: do you believe that ted cruz is listening to you? >> i certainly hope that he does. i will be very honest that senator ted cruz devise a strategy and he did not have a plan for success. he had a plan to shut the government down. we are in the ditch and he has no plan to get us out of the ditch. we will vote to get him and everyone else out of the ditch and when we do, i expect to be criticized by senator ted cruz and others who criticize us for getting him out of the ditch. lou: we will follow that ditch

metaphor as far as we can. we're talking with two republicans and we will continue the conversation right after this quick commercial break. stay with us, we are coming right back. >> in washington, the shutdown crisis. up next, the obamacare train wreck. we will have the latest on the disastrous health care rollout straight ahead. .

lou: we are back, and you are looking live at the senate floor we're underway is a roll call vote to vote on that harry reid and mitch mcconnell deal that will end the partial government shutdown. it will be taken here in just a

moment and we will be taking you back live for that vote and the result. a new study shows less than 1% of those who visited the insurance exchange website in its first week and actually enrolling for coverage great about 36,000 people. and by theas plummeted nearly 90% since it was launched on october 1. down 90% from what we already saw as very low numbers. adding to what would likely be, and concerns about privacy as well as reports that health care.gov has fine print buried.

saying that you have no reasonable expectation of privacy regarding any communication and data stored on its information system. how about that? we are talking with congressman charlie dent. 90%, folks. the discussion was about obamacare and you are in egoatioswtstrate tacts or th deb elin andhe ctinung resolution. here it is. do you folks at this point and do you really need to do much? i mean, this is as speaker boehner said, a train wreck and it keeps getting worse by the day. why do anything at this point? >> well, it should be a total and complete embarrassment to an ended up in theation shutdown situation, this would be the total focus of the media

and the shutdown has overshadowed that. but it is a complete failure. it is not the promises that were made. these promises have been broken. we were told in the energy and commerce and subcommittees on october 1 for sure, these exchanges would be up and running cathleen sebelius on down through the agency. we are going to have to get answers and this is over $600 million worth of taxpayer dollars that have been paid for. >> the fact is that you guys haven't been able to do this. you say that, but the reality is this administration has stonewalled you folks write to

this very day when will you all find out about the limits of congressional power and the need to try a different approach? >> let me just say something. >> don't disappoint me by not answering my question. >> we are fighting this administration everyday. we have watched them abuse their executive authority on matters of domestic policy. george bush and his administration were referred to as the imperial presidency because he asserted himself in matters of foreign policy and national security. the president has greater latitude, but this president has abused his authority we have tried to overrule him in so many issues. he laid the employer mandate and i agree that we tried to do it legislatively and he said that he would veto the bill. lou: if i may, i apologize for interrupting. >> sure. >> you and i agree on that. but my question goes to are you

going to persist in the same tactics and strategies without consequence or result? >> answered that question is we must employ a realistic expectation of success and that is the key and i think we have learned a lesson. i hope that we have learned a lesson with the funding of obamacare, realizing there is not going to be a realistic expectation of success and we must pick our fights more carefully. one thing that i've learned about this situation is the democrats now agree with us and we need to get rid of this delay. lou: it is an ideological partisan debate and outrageously bad public policy. >> we agree. any mention of privacy violations. so much of the focus has been on

the nsa were there our judicial executives and congressional oversight with respect to the obamacare exchanges and we are looking at the potential privacy violations with a consumer financial protection bureau. that is are we have a sphere of privacy with big government. the massive new bureaucracies have very limited congressional oversight and that is my greatest fear from the nsa. lou: we thank you for being here and we appreciate you sharing your views. as you have said, it is a learning moment, a teachable moment. i think just about for everyone involved and we thank you so much. >> thank you. lou: up next, the white house says that there are no winners in the shutdown, at least the president spokesman dies. the debt ceiling deal -- we know the losers. in the "chalk talk" tonight we are going to show you which group the president and congressional democrats really fall into.

a challenge to the appropriateness and the validity of a few comments and we're going to take both parties on a little journey next. t. t. customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy. sales go up, i'm happy. i ordered another pair. i'm happy. (both) i'm happy. i'm happy. happy. happy. happy. happy. happy happy. i love logistics. ido more with less with buss energy.hp is help. soon, the rld's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations,

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the on looking live again at the senate floor. before voting on that harry reid and mitch mcconnell bill that would end the partial government shutdown in and at the same time raise the debt ceiling. we will be going there live for the vote result here tonight. it looks that it's going to be just a matter of moments. the president, gloating yesterday after house republicans and speaker john boehner abandoned the debt ceiling bill. talk about a fellow that thinks that he is all that. here he is. >> there have been repeated situations where we have agreements and then he goes back and it turns out that he can't control this. one thing it shows is that if i say i'm prepared to come from eyes on something, we can get it done. lou: before the president explodes with self admiration, we would like to gently remind

him that he hasn't delivered much to celebrate. it looks like he may get that continuing resolution bill to keep government running until january 15. but doesn't just mean that we will be watching this movie all over again in three months time? after all of this nonsense and all of this nonsense -- the president, the republicans, they have done absolutely nothing to deal with a $17 trillion in debt. they have done nothing to fix or delay the obamacare trainer. and the $1.8 billion that looks like it could be a part of the most efficient piece of legislation passed, certainly in all of this countries history. eligibility for subsidies is no longer on the honor system. score one for the american

people. they are good for this white house either. the president's average approval is at 43%. more than half of all americans, 51% disapprove of the job performance and this is not a president who seems okay with congratulating himself. a new pew research survey shows 81% -- 81% are dissatisfied with the way things are going in this country. compared to just 14% who are satisfied. the president boasting that he always gets things done. well, i don't know where he's getting now. it hasn't been true for gun control or this year. it hasn't been true for immigration. it hasn't been true for his plan to strike syria. the president was a lame duck before we entered the shutdown

and there are every indication that he emerges from it and evenly murdoch. on that basis, some say the republicans are winning, but that is pure nonsense. republicans and democrats are about as screwed up as this country can possibly stand. we will be right back. >> not a good day for ted cruz. what is the deal with the gop and all of those splinters? up next, citizens united president coming up. (train horn) vo: wherever our trains go, the economy comes to life.

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the winner will serve the remaining 15 months of the term held by frank lautenberg. my next guest says the senate deal is a big loss for americans on the conservative movement. joining us is president of citizens united. this has been an ugly spectacle by any stretch of the imagination or standard. it is worse for the republicans? >> thank you for having me back. it is a tough situation. you have americans out there who really are not focused on what the essence of the problem is. they are focused on the government being closed, the debt ceiling is going to be breached. and those are important things. but they are not looking at the root cause and that is what the republicans were trying to do. in my book, the mainstream media, which i believe is media bias, i think that that is where

they held the president sell his message. john boehner, time and time again, going to hear he read with all of this is being told now. i think it's a bad deal. this is a kick the can down the road kind of deal. we are not dealing with their financial problems. lou: but here is the deal. the democrats have come with a proposition to shut the government down 16 days ago. if it had been the democrats who came with a proposition that threatened or at least put the party in the position of being accused of in the countries credit rating and default, i mean, you in the and the conservative movement would've been howling. i don't understand how there is that a disconnect between the conservative movement and what is transpiring on capitol hill because it seems that is not

only a losing strategy but a reckless strategy and one that isn't consonant with either the conservative movement and its principles and the republican party. >> tactics are -- i'm not arguing the tactics. what i'm saying is that whether it's dealing with the cost and the destruction of our health care system with obamacare, whether dealing with the debt or spending or the debt ceiling, none of those issues are being dealt with and this is a truly bipartisan effort to do nothing. that is really what we have done here today. literally doing nothing in the big scheme of things or picture of things from the business a business standpoint and we will have these exact same fights in january integrate it we are having today. lou: it's unhealthy if the conservatives -- i couldn't agree with you more, if they don't learn something as the

congresswoman was saying. they don't learn something from this, the spectacle, they didn't learn anything from 2011 and they must learn something, being the republicans and the republican leadership of the conservatives from what has transpired here today. the senate has begun voting. let me ask you this. senator ted cruz, he now has a small group of folks around him and he represents a lot of important principles for millions of americans. but he has stepped in it politically and personally here with his -- with these tactics in the senate? >> we can debate the tactics. without senator ted cruz, we would not be here today discussing these important issues of the last couple of weeks. their focus would not be on obamacare, the debt ceiling, the

focus would be on spending. and i applaud what he has done. he has come here as a change agent and elected as a change agent and that is what he is doing, living of the obligations to his election promises and i applaud him for it. we did a poll just a few weeks ago in texas and his approval ratings are through the roof in texas. that is what he cares about. he does care, obviously, about the republican party and the conservative movement, but he was here is a change agent not to manage the decay and that is what the rest of these people are about, managing to decay. lou: can you manage decay or any other important issue when you're in you are in control of only one third of this government? and only one third of the government that seems to want to advocate a constitutional responsibilities more often than not?

>> one body of congress is one third of the government. and you can't do anything without them. they could technically do things differently. hindsight is always 2020. what i believe is we need to take the last four months to cuba we are going to do individually either through the appropriations process were not. lou: we will have to call it good there because of time. but the republican party, it's not going to be a very happy january and february for the party. i am sure the guiding and leading lights like you, the prospects are very good for having learned something from what is a part of this. what the president called a teachable moment. thank you so much. thank you so much greatly appreciated. >> thank you. lou: go to our social websites like loudobbs.com and find the

link to our facebook page. one of the fun things. e-mail me at loudobbs.com and tell me what you think. is it too much to expect republicans to learn to do better and to understand the limits of power and the necessity of intelligent strategy? follow me on twitter at "lou dobbs tonight"'s and check out fox news.com for how a look at the congressional divides over funding is affecting our economic image overseas. plus, the markets moving in concert with dysfunction in washington dc over the past two weeks we will be talking with former clinton adviser and vice chair of the federal reserve, coming up next.

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taking you live to the senate floor. results expected in the next few minutes. insider trading charges, jurors coming to a decision after deliberating just over three hours. the acquittal, dealing a significant blow to the sec, alleging that he sold 600,000 shares back in 2004 to avoid a 750,000-dollar loss. and stocks rallying on the senate bill, the economy has suffered because of the partial shutdown, here to take up that issue and many more, giving us a look on the economy as well, vice chair and economist alan finder of princeton and author of the book after the music stops. it's great to have you here. >> this is a deal that offers nothing that we didn't have 16

days ago. >> yes, a deal to avoid chaos and nothing was really accomplished on the underlying issues, but i think that people %-question is just couldn't they somehow get together. lou: what we have watched here is a migration from the republican party talking about the repeal of obamacare. which has to be fixed but moving from those of doing at least individual mandate even if it is a peculiar kind of sense of equity, the individual mandate. and the idea that we can strip away the subsidies for congress, the senate, and this is a sorry

moment. >> is where you pay cut for the congressional staff comes in. the one they have done so much for the country. [laughter] >> it's not a big deal culturally and philosophically. going to the heart of the country. supposed to be a nation of individual people, and the people that are above the government, we said our money to washington. washington representatives put this above us at almost every turn. at what point does this revolt in revulsion? >> on this particular issue we think about that we have our care. the tens of millions of other americans, as does the senate, the house, they share the same

and are being treated the same way that i am. >> millions of americans? >> that's right. >> some of them don't have cared. we have to be straightforward here. the fact is we are creating a separate class. those who are supposed to be serving the public are lording an overdose of superior benefits and they make three times or better median income in this country and this is upside down stuff. >> people argue that in as i said, nobody really likes to pay the house, the senate, or the congressmen or their staff, but i think it's a tough argument to save these people are overpaid. some of them are very hard-working. if they were in the private sector, they would be getting paid a lot more. >> often they do, as you know.

and they do go to the private sector. >> the economist are setting this and really wishing this from the chaos and the disgusting cycle that is this revolving door on washington. i would love to see that. >> it's not my field, there are people that have looked at government pay scales and federal government employees have pleaded pretty decently, not super high, but pretty decently compared to other people with similar traits. lou: the question becomes where does this economy go from here? the american people aren't getting the pleasant look at our government and the people that make it up. your defense notwithstanding.

the lowest of his two terms, this is not good. >> no, this is not good, the economy has suffered a small blow, two weeks worth of government shutdown. that is going to show up in a lower fourth-quarter gdp. most will be made up in the fourth quarter. but mainly we have dodged the bullet. we had crashed into the debt ceiling, unassuming matt. .> we are assured that. >> we are assured that. >> assuming that that happens and we don't crash headlong into the debt ceiling, it will be a small blow and i would've been a huge blow. we just forget about all of the financial stuff which was incalculable, that in a day. lou: but when people can't feed their kids or pay their way through school, saying that we don't have much money, but it's

more than we would have had if they had gone away with this. what is your outlook here? at what point do we find strong and positive leadership in washington and is this president capable of changing what has been one of the most dour and negatives commanders in chief to ever be in the white house? >> it is an even greater standard. >> he is facing a very obstinate house of representatives controlled by the other party. >> on this one he got right out front. he said i'm not bargaining on us. and he just held that position. lou: but i'm talking about the nation. this is a man who cannot smile and he cannot sing we laugh at him and joke.

he is a negative force. >> a lot of people do. >> but my point here is that we need a bright inspirational leader and by the way we thought it was going to be him with hope and change and he has been the inverse. >> yes. >> early in the obama administration, there was a lot of change. that is where this health care bill came from. >> that is a brilliant achievement. >> a lot of people think it's a good piece of legislation. >> we keep taking these votes. sort of rendering the whole thing is a moot point. >> and that empowers us to put up foolish expenses and pressure public policy like obamacare.

>> i think the first part sounded about right. lou: thank you for coming. up next, a new report reveals is shockingly large number of obama online applicants. a number so low. some think it's a terrific idea. but the word success, erased from democratic talking points? the a-team take that out. we will have that next.

lou: here is the a-team. author and radio talkshow host

monica crowley, all three of our guests are talkshow guests are talkshow contributors great letter with you, monica. >> now we are in a status quo situation. in the end, they ended up caving because the realism finely pointed to that. >> let's talk straight. our strategies don't make sense, we are screwed up, and dashed. >> what strategy? no one from the republican party is doing anything. >> at what point are republicans were to say that it's time to grow up? we are not smart enough to play with mr. obama, then the bring in adults who have intelligence and capacity. >> you have to have people in

conservative movement during long-term strategic thinking and short-term strategic thinking. >> there is no political way. >> is there any way the republicans can find their way out of the wilderness? >> i have been saving entrancing that and we do have this stay of execution. but look at what that leads us to. >> i want to say. something that mitch mcconnell had to say. so what would've happened if we hadn't been there? >> a lot of issues where

republicans have a solid majority backing in the country and somehow they have managed to squander. it. so here you have obamacare, which is most people thought was not worth shutting down the government over and so it it should've been unrelated because they stumbled in. to a strategy and the truth. that is that it's unfair and that individual mandate has to be goldbach corporately. >> the democrats or the corporate, and they rush this and chose to embrace defeat. >> we take a look and it incredibly unpopular. >> you actually have real stories ofactually have real stories of people being hurt. >> they never argue.

>> i am an independent. you know, i don't give a doggone thing about this if they haven't got that. >> the peterson foundation does that this report today. 900,000 jobs because a strategy that is arbitrary and this is what they have been talking about. >> president obama has presided for five years with more than 20 million people unemployed in no one in the democratic party has the guts to say that this is about as antithetical to our values as anything.

>> in defense of the tea party, which i know they have made some mistakes here. >> i'm not talking about the tea party. >> without them the republicans do not have the house. lou: thank you so much. good night from new york my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as uneected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and meditions. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarg or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include

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charles: a live look at senate floor, they are voting now to end the shut down. welcome i am charles payne in for neil cavuto, after the senate is done we're expecting to hear from the president. fox business will cover every step of this. but right now to rich edson. >> reporter: voting is finally started. the bill passed a hurdle, needed 60 votes got 83. this moves on to the house, thanks to every republican and democratic senator agreeing not to stop this procedure alley they fast-tracked it. we hav