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 have the voting in senate

right now, it now heads to the house of representatives issue we're expecting they have enough votes to join with what is to be a near unanimous democratic caucus in the house of representatives to get it passed. now they have to work ough worka budget deal by december 15, i have to tell you, i can't imagine it is going to have great expected they will reach a budget deal. for now that increasing the debt ceiling to february, then treasury will use measure take that perhaps a few more months, it funds government fully until january 15. officially send it to the house where we're expecting it will pass. charles: i like the phrase, we could debate that at a later time.

unfortunately that seems the theme, that everyone is getting sick and tired of. we are kicking this can three months down the road. >> reporter: you will have this debate, and open up the same issues. that we had for months and years, that republicans want to make changes to entitlement program, and democrats defending. and democrats' revenue raisers, republicans rejecting increases so around and around we go. charles: thank you, they are keeping us busy. >> right now. bipartisan budget committee that will report their assault in mid december, we havestei seen this before, remember simpson-bowles? that went no who. steve, welcome. >> good to be with you. charles: the whole thing the way it played out.

you could see this coming from the beginning? >> yes, this year we knee they were coming in the fall, and i think that republican leadership, i blame them more than tea party actives. charles: what could they have done differently. >> from the beginning talking about obamacare, say we' individual mandate suspended just like for big business. congress eatses can own cooking. and get to rid of the charge, basic things like that, if they did that from the beginning the public opinion could have been for them. charles: i agree a thousand percent and republicans say they want to keep that in their particular quiver. you know some of this is negotiating 101, they have been in washington for a long time, for them to botch it to this

degree, now a commission, a commission? what do they resolve? >> nothing, you don't have an election behind them, we have to wait for 2014 to get any kind of consensus, in the meantime we have to limit the damage. but it is going to be small stuff. charles: three months is going to go by quickly, what should the leadership do now to make sure that not too a repeat, to your mind. g.o.p. lost big time. >> yes, they ended up with nothing, they could have had something, and set up the stage for public opinion. charles: what should be -- had they come back and recircle. >> i think that someone like paul ryan who has been quiet.

and now come to the fore, say we have to try something different. i think a lot of the representatives well, realizing when you damage the brand, you will damage them. charles: what role does boehner play right now, every time they have the press conference he talks for a second then passes off the mike. >> he wants too apiece evidence, he knows his head is on the chopping block, if i guess i think he would retire after this congress, and turn to people like ryan, and go out in a blaze of glory. >> couldry know be the perfect person to bring together the parts? >> yes, he knows the stuff better than any else, he can take the heat. so go are the guys battle

tested. charles: i tell you, he understands the numbers too. they should call steve networks down there just to give them a lesson. >> give me a free learn, i'll be there. charles: thank you so much appreciate it. >> want to go to republican north carolina congresswoman rene elmers. you warned early on. this this strategy would backfire, public opinion said you were right but now they have turned again you. >> i came up with the tea party but i was not part of thetary tappetea partythat label of the.

as for as tea party experience, i was there. but this thing is, i'm a common sense conservative, we have to get work done, i'm a nurse, i get into these things, i'm about solutions and finding remenis, not just getting into the process and strategies that will not win at the end of the day. charles: i'm not sure if you could hear steve forbes, you tossed out common sense ideas, why -- what was the response? why were they rejected? >> you know, we all do come together, and have our ideas this debt ceiling we'll be voting oi'm a no vote. i can't a the debt ceiling for so little in return, i'm looking to delay the individual mandate with obamacare.

looking for more spending cuts, more of a process moving forward, i realize this is just a bridge to get us through, but i promised my constituents i am gets more for it and we're not, we have to tackle obamacare, that will be our driving debt, we have to get the budget together. charles: how do you handle it differently? you acknowledge early on this halting of the government was the wrong way to go. where are the battlefields you have legitimate leverage as a party to get some solv compromi. >> you pointed out shuts down the government is never a good strategy. i was against it and did all i could to keep the government open, one of the reason because we can't do over site in obamacare, we have to come up with common sense strategy, and look at things from a realistic

perspective, i think this is a very important lesson that has been learned in this time period with the way that this unfortunately bad outcome for us has played out. we'll photo, and come back next week, and we'll be united and move forward, i do believe my colleagues and i have learned many misons here, we need to attack it at a different approach. >> representative elmers, remains to be seen what lessons were and were not learned. certainly we'll play out the drama in 3 or 4 months, thank you very much. >> thank you, good to be with you. charles: to domecrattic texas congressman henry -- you issued a statement that was

bliss erring against republicans, holding government hostage, and it was just a small amount of people, this could never happen again. where does -- where is the legitimate battlefield if not things like continues resolution and a debt ceiling. >> i am that republican slut down was not a good strategy, moving forward after this vote, and prove forward, and put everything on the table. democrats and republicans as we got on this budget negotiations. let's seize up sequestration, and find a way to reduce the deficit, in a way we don't hurd ours ourselves. charles: sequestration has been a big boone with respect to the deficit, you want to get rid of that and lower the deficit at

the same time, it does not jive. >> in central texas, college, i think we should have learned there, that any time you dos budget it is a priority. sequestration is an arbitrary way of doing companies i agree. but let's do this in the dollars way, by setting priorities before we cut a-- way. charles: do you think thereupon be a legit platt olive branch. there will be a opportunity from the white house to really do something on this? >> i i don't want av this vote today we opens government, we lost one.file billion.

of fi of economic production, i think we should ask everyone, democrats and republican, we should goal together and find a way to reduces budget, due the. and you very much. we to det to washington d.c. the bill just pass. to verdict default. reopened the government, raise the debt ceiling, a lot of the things a lots of people knew would lap, an wh deal. >> and he suggested that they start doing what they could to engage senator mcconnell and i, as a result, i think we're

able to talk, and hopefully develop relationship a strong relationship. we have worked together for 15 years, the last bit of. >> i appreciate the works that they did. i am grateful for senator pryor and the gang of senators they, did some things we helped with. so, i would hope that in the future, the work that donna has done, was done by pier and collins, will be able to get together and create some separation from there shrill voices that lear. averts this crises is historic. there is pain inflicted on our

nation for no good reason, and cannot make, we cannot make the sim place take again. so, place take again, as we move into next round of negotiations, i depending on stable, hard working always available pato murray, the stereo type of what i believe a sep to have be. i am very great full to her. for being will doing take the leadership are trying to work something out to make sure we don't have anyone one of these crisis. a manufactured crisis. she was called upon by the democratic caucus to be the care of the supercommittee, they, as you know from all experienced that president had and i had, he was never able cato cake that

step. >> want to express here, support of my three leaders. anyone know thigh of block stocking in the, we've worked as a president, and team. i'm grateful to them, no one will know, the work we do off of floor, behind the scenes, and i'm not a one-month show. i depend on these 3 good senators for volatilely everything we're able to ocomp plish, there is a lot more to do, as president said yesterday and i i today, let's prove it. what is the big question people complaint about the deficit, how about immigration.

>> a trillion dollars. i look forward to the next venture, is making sure we do immigration reform. we're continue to extend our hands on the republicans, and hope they come to the table with good faith, senator durbin. >> so meantimes throughout history of u.s. and taking u.s. accept at to resolve national capitals and debate. is it happened again tonight, more -- >> now we're moving away for a moment go to former republican house majority leader tom delay, says that ted a hero in all this, tom, not sure hoch you heard of that, but, harry reid talking about quote shrill voices, and tucked about pain inflicted here quote for no good reason, wases reason

good? >> i got to tell you the american people lost tonight. they want something done about obamacare. they want harry reid to stop, and harry reid finishes his comments, and we'll with each oureach out ourhands to the repd across the table. whether it was harry reid and the president who you'll not come to the table. the publicca not stupid they can read through this. stand your ground, stan firm, and the republicans will cave. charles: what is counter proposal. >> i think you are right, there is -- president said, he is not negotiating. harry reid said, let's move on to immigration. you know, sort of belying everything he said before that

with respect to finds solutions to this. >> and stupid supercommittee, another supercommittee? how many super committee have e had, they could have had a supercommittee 6 months going. they could -- have done all this agreement could have been done since months ago. point here is, house stood firm, did what they should have done, and they got no support from the republicans in the senate. >> play this pout, the way you would have liked to see it gone. we would take the clack down to about after you want, a lot of people. you tell us how it would have come out. >> i would have planned a year

ago that day would have happens, i would have gone to the people early on. let them know what debt ceiling means what you can't raid it any move. how many people placed government over the last two weeks. charles: probably avly the pureo bureaucrats that work for the government, and i think the us house did the right thing, i would have passed a continuing resolution, defunding abby sunderland care, then send my members moment. the senate that does not dos if work, the president won't do the work. all of the house has to do is say no, sooner or later, the president and the senate have to come to the take old.

>> bottom bine if is who blinked first. ted cruz, in all this? hero oroville an? >> out here in reel america. out edthat beltway in marconi, american people know who the heroes are, they offed t todashv cruz -- ted cruz and mike lee and the others. >> we're waiting on the manti to speak, podium light there he should becoming out shortly. anticipating a muted tone.

we have come back up against this in 3 and 4 months, this battle is far from over, this is a short-term victory, without a doubt for the white house, most polls, say that, we're going to break and we'll be right back waiting for the president. when we made our commitment to the gulf, bp had two big goals:

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lou: breaking news,. charles: we're awaiting comments from the president, it is expected that probably will take the victory lap, but what we'll see is continued campaign that began in summer by president obama, really, you can argue it might be working, driving a wedge in the republican party. pulling up or talking up the

moderates, reasonable parts, and talking down the faction that small group of people that have held us hostage that held the country ransom. you may hear that we hear it from reid, it sets them up for what they like to segue into next, which is not focussed on sing to the problem but getting on immigration. on other end, g.o.p. does have a problem. there is no doubt. they have to figure this out. later on. we'll discuss this with republicans. tea party republicans, let's call them old school, and veteran republicans if you like. a problem earlier we had representative elmers, and already heritage action group will spend $500,000 trying to get her out of office, a couple years ago she was one of the biggest tea party darlings out

there, a lot of infighting. a lot of people predicted this for a long time on. set we have one of the clashers with tea party news network, scotty hughes. how do you feel about this. >> i am as angry as a hornet in july, i think that president obama will come in carrying balloons and confetti and literally doing the harlem shake and celebrating? shouldn't he? >> he should, but the american peoples will be ones that are crying, we lost. charles: you mean who? >> all three, we're all the same people, we're about to see a groundswell of just angry, and pointing of fingers at tea party, we'll be demonized again, it is not the democrats that are pointing but the establishment within our own party, right now john mc cain should be very ashamed and john boehner for caving in, the american people

were cheering them on on stay strong, and have a backbone. charles: hold that thought, we have a fellow republican, but not of the tea party persuasion. -- i'm sorry? ford oconnel, former mccain campaign manager. >> i think that scotty is wrong, i think to defund obamacare strategy was one of the most bone headed political moves, let's recap, republican brand was dragged down to lowest favability of all-time, at 24%, and because the american public does not know about negative aspects of obamacare, thanks to tea party, the tea party, allowed obama care to increase with favorability, i, agree, obamacare is a travesty, but we

have to be more strategic. >> talk about strategy, we knew that was coming, mccain wanted to show leadership, if boehner wanted to show leadership, why did they take the month of august off. charles: taking a break, the president. >> tonight, republicans and democrats in congress have coming it around an agreement that the reopen our government, and remove the threat of default from our economy. the senate has now voted to approve this agreement. and democrats and republicans in the house still have an important vote to take. but i want to thank the leaders of both parties for getting to us this point. once this agreement arrives on my desk, i will sign it immediately, and we'll begin reopening our government immediately, and begin to lift the cloud of uncertainty and unease from our businesses and the america people. i'll have mor more to say abouts

tomorrow. i've got some thoughts about how we can move forward in the remainder of the year, and stay focused on the job at hand, there is a lot of work ahead of us, including our need to earn back the trust of american people. we have do that by addressing the real issues that they care about. i said it before, i'll say it again, i am willing to work with anybody, i am eager to work with anyone, democrat, republican, hohouse, senate members on a ida that will grow our economy, create now jobs strengthen middle class and get our fiscal house in order for the long-term, i never believed that democrats had a monopoly on good ideas, and despite differences over issue of shutting down the government, i'm convinced that democrats and republicans can work together to make progress for america. there are things we know the

monopoly strengthen our economy that could get done before the year is out. we still need to pass a farm bill. and with the shut down behind us, and budget committees forming we have an opportunity to focus on sensible budget that is responsible, that is fair. and that helps hard working people across the country, we could get all this done, even this year. if everyone comes together in the spirit of how are we going to move the country forward. and put the last three weeks behind us. that is what i believe the american people are looking for. not a focus on politics. not a focus on elections. but a focus on the concrete steps that can improve their lives. that is my focus, i look forward to congress doing the same. but once again thank you to leadership for coming technology and getting it done.

-- coming together and getting this done, hopefully next time it will not be in the 11th hour. one thing i said, we have to get out of the habit of governing by crisis. and my hope and expectation that everyone has learned that there is no reason why we cannot work on the issues at hand. why we can't disagree between the parties, while still being agree able. and make sure that we're not iminflicting harm on the american people whether we have disaagreements. -- not just by me but also democrats and republicans, not only the leaders but a and file, thanks very much,. charles: president obama, no balloons and confetti, but feeling good, now we are waiting for the house to vote, we're on it, after the break. and selling her car wouldn't fly.

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>> the senate passed a bill, debt ceiling is higher, it now moves on to the house of representatives, some are wondering, why did the president come out speak before the house vote. did it need pressure 92 we'll we'll find out. we'll keep you abreast of it all. it feels like we played a game of monopoly. we went back to go, we did not collect $200, almost back where we started from, but with a lot of fun and drama in between. president echoes harry reid, they are going to be serious about going after immigration reform between now and the rest of the year. senate bill passing to the house of representatives. republican congressman bob

bishop is investigating the matter, representative bishop -- >> how are you. charles: listen. you know, been a pretty crazy healther cellar situation there -- hel helter-skelter situationn there. how do you feel about that? trying to bring our government spending in some kind of control. that will go on. it will be there three months from now. when this deal ends. charles: during the shut down, it felt like maximum pain was eckerted, often unnecessarily, not unlike they is qwesting a kicked off -- sequestration kicked off.

are you going to look into that? >> we did today, dealing with how park service dealt with things on the mall, with the public properties throughout the united states, it does appear a lot of the efforts that obama administration, and engage against were petty, and negative and vindictive, and overly pol politicised. charles: how do you deal with that? are -- could it be possible to maybe have actual agency more visible in this? >> i think each committee will look at that and make sure that is a goal. we went through shut downs before. there were term lates -- templates of actions done in the past, that were not replicated

this time, they should be. this is obama administration should have learned from the history of the past, it seemed it was making things up as 'went along, which really hurt people. charles: we appreciate the work you are doing, we look forward to hearing from you, it felt petty, and vindictive. i'm sure it was. you have a long night ahead, thank you for you're time. >> thank you. charles: rates are going up, hardly anyone is signing ub, health care mess giving white house a ton of stress.

charles: overseas market, australia and japan are open, and up.

mamonster session here in ameri. the small caps way above all-time high, to radio host, gina lou laden, central to the - was obamacare. this is a big time problem. to a large degree obama administration got lucky in a sense that exchanges have opened, walk us through what happened. >> well, so far, people have gone to the web site, but half of 1% have ever signed up 1 they got there. this is a huge fail. if you think about they spend almost a billion dollars, i think, including remember having

schoolchildren market obamacare to their parents, they can't market there to the american people. so that people want to take advantage of it, you have to ask yourself. do they really -- are people taking this seriously at all? and if you look at numbers, statistics before the shut down, you remember, that american public does not want this bill. -- tyrannical bill in the first place. charles: you think that a lot of people thought it was free. you know really. only thing i can think a million people register, and 36,000 sign up. that is pitiful. they must have been expecting something different than what they saw. >> yeah, if you spent this kind of advertising budget, as much as they want to, they are. and if you do that on any other product it would be the most popular product ever.

but we have a situation people are going wow, i look at the numbers, and myself premiums are going to increase, i was told i could keep myotoni my primary ce physician, oops, i guess that is not true either, then we have them targets certain groups of people, and people are going i don't know that i want this government in my exam room. people are getting something very different from what they were bargained for when talking about this. charles: part of compromise today, that was sort of unique, income verification. that is not going to help the process. >> right. and the heritage study that came out, said 5 states are going to see any kind of savings, other 45 by the way are see doubling,

tripling, or quadrupling of their premiums, this is not what we were told from the beginning. i think we'll see more of the same, i think that this system will implode. but how much more debt are we going to to hang around the necks of our children in process of watching this imfloyd, and hoplode -- implode, and how muce taxpayers going to be footing the bill. charles: young people are not footing the bill. somehow it has to be paid for. it seems that is higher taxes, more taxes somewhere down the line. if you start this thing off, and you are looking for 7 million people in first couple weeks, you get just 36,000, i'm afraid. >> it is embarrassing really, thank you, charles. charles: a fox, alert -- fox business alert, u.s. futures,

momentum to upside. investor have to be happy. but news coming from two huge american companies that might change it. we'll talk about it, the biz blitz is next.

charles: time for biz blitz, we discuss stocks you should be watching and whether you should be buying them. first up, after the bell reporting, american express on both top and bottom line. scott, you. what do you make of ibm? >> not good. ibm is in a record spot. it reminds me of hewlett-packard.

they have a lot of lines in the water as far as their businesses, but they don't know what to do with them, that is a tough spot to be in, they don't know what is going to grow or not grow. cloud in success a small enough part of the business but not big enough for bottom line, they are coming off worst quarter in 8 years in april. a lot of pressure. charles: i'm putting you down as a far for buying that stock, am mex, scott? >> -- amex, scott? >> i do. i like some other credit card companies better, i think that things will be okay for amex for a couple reason, consumer is healthy, they are not seeing as many losses, you look at cord credit card company it is about the conup onesumersume -- consumer s getting better. charles: ibm was a no-brainer for a while, but now something

is going wrong. >> scott compared it to hewlett-packard, i compare it to apple. ibm has reinvented itself, they are now failing to execute on hardware side, and that cloud growth is stealing away business, one thing i saw in both companies that gives me fear, international market, saw double digit declines in revenue growth, overseas there is still weakness. everyone talking about europe emerges and china doing okay, they really are not. amex i like. they are on higher end of market. charles: market rally on hopes of a debt deal. the question, will the rally continue? jared is this a rally that people should hop on? >> you know, it is not about what we think. scott, me, you, we could get on

here could and talk -- >> that is why we invited you here. >> you have to go with the crowd. the crowd wants to go higher, the crowd believes right now, the mass of the people believe that american stock market is the place to be, earning expectations are near nil, the companies have to grow half% over last year, i'm buying the market, until that fury ends stay long. charles: scott? >> i agree. you should listen to us we're good. charles, you know with earnings, companies -- remember this man. companies blamed bad weather on bad earnings now they are blaming bad government, and remember, relative value out there, bonds are terrible, commodities have been smoked, stocks are only game in town. charles: we have a baseball photograph card of janet yellen.

>> the market knows that yellen, amazingly is probably going to be a bigger w then bernanke. charles: a lot of people say foll is where people lose money, at some point, when is the crowd become -- when are you a contrarian and breakaway from the crowd? how do you know to get off the train before it crashes. >> as under line warning signals creep up, like in 2007-08, when it seems too good to be true. if the end of the earnings seen does not at least beat expectations by a half or 1%, at that point you need to look back and say it way ahead, but for now, the expectations are at least realistic, there is nothing at this moment, saying you have to sell stocks

immediately. charles: you are two of the best we appreciate it, make that money, weep have you back. see you again. charles: right now look at capitol hill. senate just passing a bill to open a government and raise the debt ceiling, now to the house, it could be close, we're going to be all over this thing. when we made our commitment to the gulf, bp had two big goals: help the gulf recover and learn from what happened

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sova thought this is why do it now? would jeopardize angry republicans when you just will speak tomorrow? >> but the president has said all along i want to negotiate i want to hear good ideas from everybody but he said harry reid said that but it seems this is an afterthought from the administration point of view? >> with the budget conference it is odd of washington in to think there are new ideas rethink of both parties with a deficit and budgets you will see if the same things on the table that we saw back in august and july summer 2011. we will see the sea -- the

same ideas to curb entitlement spending and the democrats with the same plan the president put out to increase taxes. charles: the in fighting between the john mccain and the two-party people out there. is anybody publicly saying anything other than those who have already ben upset? >> you are starting to see, and as we have reached a point republicans did not gear -- get a thing here what they thought they would a more moderate said if we went with something that was more realistic earlier we could have gotten a greater concession but you had of the audit negotiating position talking about the debt ceiling republicans could not pass the bill for weeks and of the of the side you have a democratic president who was not

willing to negotiate it is a strange negotiation that became one at the very end. charles: we will do this again in three or four months. think you for watching the senate passes the bill we are waiting oo the house. we will gesee you tomorrow. night. "the willis report" congress, the president, and the shutdown. how much damage of the already done to the economy? >> congress should think of the good of the country and not to get of their party. gerri: also, when the government is fully open for business' most people think the food is safe and thoroughly inspected. it is not. stay safe. prepare for any emergency with these must have applications for your phone. we're watching out for you tonight.