and it is best in government backs off and allows people to do something peaceful. that is our show, have a great evening. >> the democratic party in a panic, no one more desperate than the part leader, president obama telling state health insurance commissioner to afford the affordable care act, if they want to and told health insurance companies the can continue to sell plans that don't meet the law's standards, if they want to, it appears that president obama has politically set fire to the obamacare train wreck. i am lou dobbs. good evening president faced with rebellion within his pay

the, and tryinparty, hesurpriseo announcement, first president told state insurance commissioners to use his enforcement discretion to permit the millions of americans who lost their health insurance, due to obamacare. even if they violate federal law, he said, go ahead. and he told insurance companies, to continue to offer those plans, but for just one year. long enough to get past the midterm elections, contrite president offered an admission, if you like your insurance you can keep it promise was a lie. >> i am not a perfect man, i will not be a perfect president. but i will wake up every day working as hard as i can, be on

half of americans out there from every walk of life that pledge i have not broken. right now, everyone is properly focused on us not doing a good job. it is on us. gerri: not. lou: not sitting well with democratic members of congress, mary landrieu continuing on push her keep your plan bill, one state insurance commissiony staying no to the president's new plan. fox news senior white house correspondent, wendell goaler with our report. following pressure, president obama offered a fix he would would's move the affordable care act. >> bottom line insurers can extent current plans.

in same kind of plan. >> mr. obama announced a couple of conditions, insurers must explain when newly grandfather plans don't cover, what additional coverage people would get. >> ceo of american health insurance plan said in a written statement, quote, changing the rules after health plans have metro quirement of the law could destabilize the market and result in high are premiums for consumers. companies may be reluctance to say no. >> insurance company said this is alo gis logistical nightmaret going to do it. who is the goat all of a sudden? >> it is unclear how as a practical matter changes proposed by the president can be put into effect.

washington state insurance commissioner refused to on so, mr. obama conceded that the botched roll out has been tough on democrats. >> i feel responsible for making it harder for them rather than easier for them. to have to win back. and credibility on the healthcare law in particular. and on a whole range of issues. >> in a speech in cleveland, later president definded his goal of, panding healting -- exg he'linghealth insurance and vowt to give up. >> we're not going to gut the law wild fix what needs to be fixed. we'll make it work. >> reporter: president's apolicy followed weeks of falling poll number, and explain that broken

insurance promise. john babie boehner spokesman sat mr. obama admitting what he denied for years. lou: the roll out of obamacare not only white house scandal. on capitol hill, members of congress seeking to hear testimony from survivors. today got their wish, 5 witnesses testified before the house intelligence committee about what they saw that day. and heard and did the night the u.s. ambassador to libya, christopher stevens and 3 other americans were killed. catherine herridge with our report. >> reporter: behind closed-doors on capitol hill. five cia personnel, includer former government contract are on the ground in benghazi answered questions in two classified succession, they confirm that witnesses offering

new information that conflicts with earlier testimony. >> there are some discrepancies we're running every that we can to ground. >> reporter: sources tell fox news that aren'ts re-- witnesses reinforce the view that state department personnel were ill equipped to deal with the assault. some characterize fighting that night as consistent and constant. which raises question about the lack of a military response. ing in to the four americans kill. fox news one of contractor testifying this week was so injured during the mortar attack. that he is not regained full use of his arm. dip nattidiplomatic security ags also gone multiple currencies for a injured leg. congressman bill young bet with

him for 90 minutes last sg spokn background, but after his date, young's widow gave ut permission to audio graph the interview. >> military type operation, ty have knowledge of almost everything in the compound. they knew where the gasoline was, they knew whe the generators were, they grew more than they should have. about that compound. >> reporter: in a hearing today, fbi director, told senors he is not opposed to congress speaking with the benghazi survivors. the interviews could derail the criminal case. lou: thank you, another embarrassment for president obama's security tally, just a year after the secret service of rocked by columbian prostitution scandal, this time two senior supervisors, are investigation

for allegations of sexual misconduct. one reportedly lift a bullet from his service weapon in a woman's hotel room, this be then tried to first his way back in the room to retrie it the retrieve e accused of sending sexually suggestive e-mails to a female. >> and on wall street, another record breaking day in the market, dow up 55, and s&p up 9, both at new record highs, nazdaq up 7 on the day, weekly jobless claims fell 2000, janet yellen defending the fed let's stimulus program. nominee to chair the federal reserve offered no time table for reducing the fed monthly

bond purchases. steve forbes with the fix. what affect it might have on the insurance costs and the economy. and on whether or not the president's fix is even legal, constitution rally or not. we're coming right back. >> president obama said he fumbled the roll out of obamacare but he has a fix. it is legal? will it work? does it matter? congressman trey goudie is next. welcome back. how is everything?

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lou: secretary of state john kerry urging congress to hold off on new sanctions against iran saying they could

jeopardize nuclear talks with iran. >> we rob full believ respectfut the executive branch deserves the right to negotiate and present them with something, this is not the moment to second guess that process, when two years have gone into creating the trust and common understanding that has been building to bring to us this moment. lou: kerry's comments come as a new report by international atomic energy agency finds iran slowed the nuclear activity under president rouhani. iran stockpile has risen by 5% since august that is increase but at a slower rate. americans views of obamacare, is worsening. in latest gallup poll today 55% disapprove of the law, only 40% approve, 15 percentage point gap

is largest that gallup horizon myself ubed in the las-- has ret year. >> joining us congressman trey goudie, member of house oversight and judiciary committee, chairs immigration and border security subcommitez, your reaction to the president's announcement today of a mix. in which he gave insurance commissioners and companies a executive privilege of discretion. >> two observations, i thought we lived in a constitutional republican, not a monarchy. i don't think that the president is by fiat rewrite law, i'm almost positive he can not, other actions on his behalf notwithstanding. in an industry as heavily recession gated and complex at chunk, you can't just turn on a dime, say even though i told you

27 different times, that you could keep your own health insurance, i am going to actually back that up. even though i misled you to begin with, it does not work that way. secondarily, i think more important, is understanding that chronology, tomorrow house of representatives will vote to upton's bill that keeps that promise for the president, even if he wasn't willing to keep it we were, he had to provide political cover, to his democrat colleagues and the house and senate. he wanted to win the house, based on immigration now he is in danger of losing the senate because of obamacare, so thisture politics. lou: it is and no accident one assumes he is envisioning a one year delay which would carry matter past midterm elections, you mention congressman fred

upton keep your healthcare act it is your view they might join republicans in voting for the bill? >> if they were left to their own devices there would be a stampede to our side of the isle. however pressure leader nancy pelosi and others fought rank-and-file democrats to to the party line, i can not speak to that but conversation i have had with my colleagues they will lose their jobs if the president keeps doing what he doing with respect to obamacare. and as we know that is the number one thing that elected officials want to do is keep their jobs, this is pure political save yourself, this is self preservation some will vote our a. lou: do you think that it will pass? >> i think it will pass, now

what happens in the senate, again, harry ride wants to keep majority in senate he has 5 senators that are in a lot of trouble on the democrat side, mary landrieu as her own fix, which boggling the mind you could vote for obamacare and support it and act surprise it turns out to be a unmitigated disaster, and now you are offering a remedy for something that we were warning you was was a disaster, she thinks that people in louisiana may fall for, that she'll have her own bill. he will do march it takes to try to preserve his power. lou: that puts nis him in you k, president has a long line of the doing that. your over site committee held a hearing yesterday, talking with the chief technology officer among others, we spent over a

half billion dollars and 30 months to get that web site up and running, and the cito. has less than two months to get it going. you seem skeptical that it will happen by the end of this month. as the president promised. >> i am skeptical, if it does work. such that todd park is able to get the site up and running in 2 months even though kathleen sebelius could not do it in 30 months it begs question where they had todd park hiding for the last 30 months, i know that lady on obamacare web site went missing for a period of time. if he is the smartest kid in the class, where has he think about for the last 30 months? they will be security issues. as i said yesterday, best thing kathleen sebeliu has going for her right now is fact that web site does not work, because once

it works, you can get on, and figure out your coverage is worse and your prudentialiums arpremiums arehigher there willr mutiny. lou: the idea that this is just a web site problem. but not a problem with the model, and misalignment of incentives and a misreading of the marketplace. there have to be incentives as well as mandates to make it work it is possible that speaker boehner said it correctly. this is looking a little bit like ruination for obamacare itself. >> your reaction? >> there are voices that were barn warning, we were called arsonist and terrorists. but reality is, we begged this

administration to postpone obamacare because it was not ready for primetime, and because of political ex pedients, and because he could, he insisted on going forward ono october 1 even though that date is nowhere writ confident law, i am very sorry for my constituent and fellow americans who are suffering, they are legion. elections have consequences, one of the consequences of last elect is we have obamacare, i would like to know the 40% who thought it was a good law, i promise they have not yet been on the web site. lou: this is one that is going to have, it looks like consequence the president and his party, fbi director, surprising a lot of people saying he is not opposed to congress speaking with eyewitness from the benghazi

attack. in contradiction of the political folks and the obama white house. your reaction? >> i was meeting with a friend of mine who was a fbi agent in a previous life when i got this e-mail. i saidell your director how much i appreciate the fact he would tell the truth, and do the responsible thing, if it were going to jeopardize a criminal prosecution, i would not do it. but under their theory, lou, if your bank is robbed, then the bank owners can't talk to the tellers until after the last appeal is exhausted to figure out how to improve security. lou: only transparent aspect of this administration and each scandal is the tran parents

nature of the stone call they havstonewall andcreated for thee case of benghazi. iim greg, speak -- immigration speaker bain are sai boehner de. we'll going to do it our way. this your reaction to this? >> i have been supportive of chairman good lot all along, your viewers have a right to electric at each individual, each issue, and each subcomponent part of immigration reform, and decide whether it is border security, worker program, children who were brought here before age of legal accountability. i applaud the speaker for confirming when i suspected all along is we're not going to take

the senate approach. but. look at what happens when congress trying to write massive bills that are inappropriately scrutinized. you get obamacare. we don't' that with immigration. lou: the american people had a belly full of it. >> i would think. lou: congressman thank you, congressman tray gaudi. up next, health care industry makes up 16 o 106 of our econom, steve forbes of how investors can be affected by the so-called obamacare as a business owner, i'm constantly putting out fires. so i deserve a small business credit card with amazing rewards. with the spark cascard from capital one, i get 2% cash back on ery purchase, every day. i break my back around here. finally soone's recognizing me with unlimited rewards!

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chance. president obama idea of a fix may worsen the problem he faces. health insurance companies tonight warning that reversing while plan cancellations under obamacare could, destabilize the market. state insurance officials have also warned that fix could prove costly, joining us now to assess the risk to insurers and investors, steve forbes, great to have you. >> great to be with you. lou: we're talking about $900 billion industry, in health carahealthcare, at large, a gre. what is the exposure in insurance company. >> the companies have been expecting they will get millions of new customers by the force of law, young people, the kind they like and elder please. >> not traditionally part of their market? >> no and under the law, since they have to take every comer whether you are sick or not they

need the young people, with the porchebotched start of obamacary are up in the air. lou: they have 32 days now to turn the insurance company, to iturn it all around. >> it is not going to happen. now the white house, you know they will do over christmas, say, those evil insurance companies, are not responding to your needs, they are sending out cancellations noticed. so you can see this game they are playing, one thing that republican should do tomorrow is not just postpone this thing for a year, the president say you can keep your poll -- he didn't say you could keep it for a year, he said keep it period, make it infinite. rreadjust the law. >> let's assume some whom i have listened to today are correct,

this is the first stage of collapse in obamacare. itself. we heard from the national insurance association that represents humana wellpoint, united wealth, big insurers, they are talking about the market being dtabilized and premiums rising. if obamacare just goes away what would be the impact? >> a redng of the industry starting with for example nationwide shopping for insurance. that has a good chance of becoming the force of law, right now in terms of insurance, it is not real insurance it is prepaying next year's expenses and adding on profit expenses. and -- >> some would argue that the nature of insurance. >> real insurance, real insurance is cat provi catastrophic

insurance. the big things, cancer, heart disease and stroke. lou: if we watch this president perform any more i will say inadroitly. what is going to happen to him? he has a 52% disapproval rating, and he saying things like. you know, i said i would not be a perfect president, i have proved it again. that seems ineffective as a artifice on his part. and hardly a reason t have further confidence. what happens next here? >> well, this is where i think you will see a real showdown in the next 12 to 18 months. that is this president, i think resigned himself a long time ago, he is not getting much through congress because the house republicans, the house remains in the hands of republican, he will continue to did and hope people don't notice is wage his regulatory war, with presidential decrees, if you

don't like it take me to court. so epa epa will continue, and ty figure hold the line, and we'll achieve our agenda outside of congress. lou: outside of congress, but we have issue, what can we do for those americans who don't have health care insurance, what can we do as a country to stop $2 million misadventure. reality also, is, that the american people deserve some intelligent answers from the republican party, they are not force coming righforth comes rie are tiring of it, republicans talking about lower deficit smaller government, less regulation, they need to hear, they the american people, what the hferl thhell the republicang

to do for working men and women, by the way this president just kicked in their posteeriors this is a opportunity for republican party, they seem to ignore it. >> it is not enough have to abstractions, people say what does it mean to me, republican party has been a party of the green eye shades, al, and taking away from you. they talk about the need for inentitlement reform, soar you are taking something away from he, they should go to a reagannesque approach, like talking about simplifying tax code or giving you a real choice in terms of while insurance, and how about a safety net, that is, high risk pools where you can get insurance. if you can't get it in the private market. we did to with food. nobody starves here. >> no one should.

but, the same time no one should have to go into that polling booth and pull a left or press a button for a party that cannot even articulate in specifics and direct straightforward long, what they will do for that voter uthe republicans are at sea, maybe you can get them straightened out, steve. >> thank you. >> we'll work on it with your help. lou: you got a deal, come on back, steve forbes, up next, latest development from deadly typhoon in philippines we're welcoming right back stay with us. lou: the fix is in on obamacare. president obama using enforcement discretion to allow insurance company to keep his campaign pledge. is it legal? american center for law and justice chief council, jay [ female announcer ] who are we? we are the thinkers. the job jugglers. the up all-nighters.

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lou: our next guest said that president has no authority to compel state insurance commissioners to comply with his edict on can selling insurance policies, without a regulatory process. joining me now chief council for american center for law and justice jay. >> great to have you here, jay. >> thank you. lou: do we have that? there it is. enforcement disindustry can be used in transition as well as a bridge toward legislation this is something used for example with deferred acts for childhood arrival policy pending immigration reform. this is the same thing as what he did with illegal immigration? >> absolutely, positively, not.

there is existing legislation that is law, supreme court held it constitutional, it is the law, president does not like the fact that law rolled out in a disastrous way for the american people. over 5 million people have lost their insurance because of this, you cannot just undo the law. the problem is insurance industry said we made the adjustment to the affordable care act, we cannot go backwards unless the whole thing is eliminated. what the president is doing is not legal, there is a separation in power for a reason, the president does not like the way his law rolled out, he needed to apologize, he said this phrase,

he was disappointed in this, and he said i fumbled, fumble is fine what vanderbilt football against university of georgia, you can have fumbles and team gets point, but the problem is that is not a fumble this is a train wreck, affects the u.s. people in huge ways. lou: the president against, seems to miss the political point. he seems maladroit. because, as you suggest, there are great questions if not in fact a absoluteecertainty this is unconstitutional, and unlawful. but there is also a very clear impress that state insurance commissioners are not going to follow-up and do his bidding, there seems to be expectation on part of president, who said today people can do what they want, because i'm the president, and i say so. >> yeah. which is not -- not the way our

republic is set up. the constituent commissioner on their -- state commissioner on their own accord do this. there is regulatory processes within the state. the president did not quite go to the line of demanding that state commissione commissionerso this. they said they don't have the authority, let me tell you who else does not have the authority, the president. that grandfather clause let's talked about. the fact is that was put forward within the code of federal recession lation, there is a process that has to go forward, president does not get to change the process without going through formalities, he can't do it. the fact is there needs to be some legislation to basically make the president hole his promise -- hold his promise, if you like your policy keep it. that will be voted on tomorrow,

question will be what will democrats do on this. lou: jay. >> i think that president does not want to see that legislation go forward -- >> the timing is suspect. >> i suspect that senate too. lou: yeah. do you think it will if through senate. >> a good chance, harry reid statement, this a step in the right direct, you have your majority leader saying that, about a president from your party danger. lou: i have to believe that everyone in white house, including president felt the air go by as that brush back pitch of reids was unleashed. >> yep. lou: who has jurisdiction, the standing on sue, say, for example, we're sort of acust amed to you not enforcing -- accustomed to you not enforcing am greingimmigration law or doig

whatever you want mr. president. but in this, on healthcare. it is a reach too far as you suggest who can sue too stop what he is intent on doing. >> sure. you know, you mentioned mlrb, a represent speaker in that case john boehner. the difference is, i tell you, a couple rooms from where i am right now, we're working on litigation, i think who has standing to bring this lawsuit, are the people who lost insurance or those who lost insurance, and states come in say you can get it back, insurance company say give it back to you withdraw our cancelation notice, i think they have standing, individual citizen of u.s. because the penalty has not been abated. that still goes into effect if you are not acar aca compliant,e

president did not wave the magic wand to get rid of that yet. i will not be surprised if some states say, you can't do this. at the end of the day, th american people losing insurance in record numbers are suffering. lou: 5 million and counting, perhaps 17 million too. jay sekulow thank you for joining us. up next, death toll in philippines is rising and another sinkhole in florida threatens everything in the area, the stunning video next, stay with us.

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4400 people are now known dead as a result of typhoon haiyan, almost double the previous report. international aid effort is ramping up. uss carrier george washington arrived today. u.s. officials say that number of american troops helping could triple to more than a thousand by the end of the week. we have 250 marines in the philippines. japan pledging 10 million, australia more. critics are pouncing on china for $2 million in the assistan assistance. that is less than what ikea offered. text the word typhoon to 80888 to make a donation to the

salvation army, and particular red cross to 90999 for red cross, and relief to 864233 for unicef. lou: google saying that government request for user data has more than tripled since 20 2009. those are also just requests that google has allowed to publish. from government spying to murder, extortion racketeering, crime boss whitey bulge sentencd for terrorizing boston. >> and in florida a sinkhole opened up in a backyard, the 70-foot wide sinkhole swallowed

parts of two houses, a tree, a boat and a pool, they have become relatively common in florida in august, a sinkhole swallowed a section of a resort villa near disney world, and a man was killed after his sinkhole swallowed up his bedroom in the middle of the night. >> go to loudobbs.com we would love to hear from you, the a-team is here next. a-team is here next. stay with u at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business.

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lou: joining us now the a-team, news director of tea party news network. and fox news contributor david

webb. and fred barnes, fred, i don't see how president gets out of this mess. what do you think? >> well, it took about 2 hours for people to realize his fix is a nonfix-fix, he did not have authority to order it, and telling insurance companies who obeyed law, they are ones because obamacare said they had to cancel the policies that did not meet the obamacare standard, he is telling them to defy the law. it is confused. i don't think that obama and white house staff thought this out. except they thought they had to say something. >> i feel sorry for the american peop, having to put up with this presumed absolutely peculiar style of leadership. it is unthinking, unreasoning.

it is disgusting to watch. >> to say they done think it out is wrong, they talked about this. they campaigned to get obama re-elected, they spun it this was sunshine and rainbows they lied. lou: offer two elements to consider, they had to lie to get it sold in congress. and they had to lie to get past presidential election in 2012, young they were happen stance. >> we have gone past legislation by fiat, the first 4 years of obama administration. to legislation by the seat of your pants, which is a sad joke on the american people, i am with you. this guy is flying by the say the of his pact -- pants we see the american populous that will pay the price, the bigger train wreck may be saved by the horrible train wreck now. lou: it may be hard for some to

see. but by everything blowing up now it may hav saved us greater pain like $2 trillion worth. fred, within the republican party at this moment of opportunity that tea party attacked by chamber of commerce, business round table. and karl rove wing of the party is going after the tea party, this does not look good. what do you make? >> i think, we have one issue that unifies republicans and conservatives that is opposition to obamacare, i think they are crazy to be fighting each other, not that tea party is so incence, they denounced half of republicans in washington, and whether mcconnell or others. you know some adults like i consider karl rove, ought to stand up, say, let's not have this fight. here is a most -- >> karl rove, we can look at bam

alabama. >> i think that is look the democrats are just starting to splinter over obamacare. and the way it is pushed by obama. and republicans ought to unify and press. >> first thing we need is an apology from karl rove, and john mccain, apologize to ted cruise and the tea party, we were righ right -- >> a big warm hug and kiss? >> i am one of the original founders of this movement, i tell us we need to get back to tax enough already, the problem is others have polluted tea party, large institutional groups, we have large over gap in where we agree in conservativism that made this country great, that is what we should focus on. lou: we'll gettthe bringing done. thank you so much for being here. >> that is it for us, tomorrow, conservative filmmaker, james on

his latest expose, you are going to love it, good night from new york. welcome back. how is everything?

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and pilots and adiums. but, of course, 's a good listener too. [ female announcer ] today cisco is connecting the internet of everything. so everything works like never before. ♪ ♪ ♪ >> there is no doubt that people are frustrated. i understand why folks are frustrated. i would be as well. the problems with the website had prevented to many americans from completing the enrollment process. >> we have fumbled on this health care. neil: democrats bolt and democrats blinked. the startling revelation today. he may save you can keep your health care plan, but he has no control over any of