neil: what if i told you that maria berra is not calling shots at gm, talking to fienberg today, i am believing to think he is. i am neil cavuto. ken has final word on them. not mary, ken decides who is eligible for those payoffs, not mary, ken has more sway over gm's finances right about now than mary. there is no cap on these individual settlement figures.

maybe mary has the wrong ken doll in mind because mr. fine berg is not that doll. he is no body of's fool, he is calling shots, so much money is involved there is a chance that gets pricey that gm itself is shot. talk about baptism by fire. have you a lot of decisions to make, you make them quickly, i was surprised that gm management can overrule those decisions. >> gm decided, that once i maka final determination to eligible gety of a claim, and amount of claim they have no authority other than to accept and pay. neil: does that include

aggregate number? >> correct, they believe there would be no cap, all eligible claims would be paid in full, not be any reallocation of dollars. and they claim to live by that and protocol so states. neil: you have it in your power to make company under? >> well, i mean, it is the same type of authority you know, neil that i had with 9/11, and with the bp oil spill that any individual claim that i rendered a decision upon is final that was it. neil: all right, so but there is a potential albeit slightly. that it could get so onerous for company, that it could push them over the brink? >> i don't think that is likely. i think that is pure speculation. i think what is more likely is that gm made a decision, that

they want to move on to do what they do. which is make automobiles, not process claims. and that based on track record of other program that i designed in administered they are willing to count on me to do to the right way. neil: but your power goes beyond that. the company agreeed on 13 people who lost their lives as a result, of this ignition switch issue but other lawyers, as you know can claim it could be as many as 300 people who died. is that within your pervue to decide whether it is 13 or 300 in between or what? >> not only is that within my pervue, it is within my pervue to decide once it is 13 or 300 or somewhere in between, how much each of those individual claimants will be offered. in way of compensation, that final determination is just

that. final. neil: your model for that, you were unprecedented in this, in 9/11, it was decided to allocate funds based on the age and earning potential of victims involved, would the same be applied here. >> yes, the same would be at least as to death claims and catastrophic injury claims. those claims, most serious claims, it will be that same 9/11 test, economic loss, plus pain and suffering, final award. neil: an older victim who did not earn much versus a younger victim who did, and had many more earning years ahead of her or him. >> you get it, that is right. i gave a couple of examples a 10-year-old pai paraplegic witho

earning capacity, a young kid will get a million more than a 40-year-old whose earning capacity is something like, 75,000 because the 10-year-old will live, as you component out that much -- as you point-out that much longer in a very catastrophic state. neil: a lot of people weighing whether they should be part of this or go outside your thoughts? >> program a as you know, it is voluntary. no body has to come into this fund. so. neil: if they do they can't go the other route. >> right but they don't have to make that decision until they know how the claim will be treated and how much money they will receive. neil: interesting, they can go into process, not sign. give away their legal options just entering into this.

>> pre-preview. you find out how much you gottenly then do they take -- get, then only then do they make that decision to take funds and opt out of program and lawsuit. neil: company indicateed, that you are on your own after, that not you, but potential victims it would be a bankruptcy thing, it happened prebankruptcy, whatever they say now would be different outside of this is, that fair or right to you? >> you have to ask gm what they will do if people comments out of this program. but accurate, under this program, voluntary, bankruptcy is not a bar, no aggregate cap or contributory negligence, if the driver was intoxicateed, speeding, texting on a cell phone that is irrelevant under this program, we're not even looking at driver's condition, file the claim, let's determine

whether theic tpheugd ignition h caused accident. accident. neil: and exven if you file claim prior. >> if you settled a lawsuit with gm, before you knew about this ignition switch problem, rip up the release, file a new claim with me, you are eligible i'll make up the difference. neil: you want to do this in rapid fashion. >> within 90 days simpler claims, went 180 claims more come bleak claims and all claims must be submited to me between august 1 and december 31 of this year. as you know, we have talked about this. speed is essential, the critical component pop of thi of this prt can also lead, not on your part but sloppy things can get through, do you worry, this

seems odd, a big company anding big pay out it can move too weekly. >> no we'll be ready to take care of claims as they come in, my concern that making sure we reach all ill i thinible claimao we'll know about this program. and we'll file their claim that is always an issue, you remember in 9/11, 2/3 of all the claims came in in last 3 months or 4 months of the program. neil: wel but you had a a lot of charltons snuck in, how do you we'd those out? >> we'll -- weed those out. >> we'll weed them out, is it an eligible vehicle, did the airbag deploy. if it, the power is on, it could not be the switch. neil: if the airbag did not

deploy. >> if it g not deploy, it is eligible, if it did deploy, that means that the power was on. neil: how are you being compensateed. >> gm is paying the cost of this program, who else? you can't ask government to pay, you can't ask -- >> is this a standard fee? how do you do this? >> ask gm, a flat fee. not -- you know not tied for example to a percent an of the claims, no. neil: all right, i do remember bp thing over 2 20 20 billion in money parceled out. similar to that? >> similar but you have to talk to them they pay. neil: stiping back -- stepping back you keep going into these

decisions, there is no love lost, some others say he is breaking new ground. fair is fair everyone splitting, you broke that model, this seems to be model going forward. i am ask you, is this fair? the way you do it? >> well, fair in sense that if money -- if money can compensate innocent victims of loss that is a tough sell to give people money instead of a lost loved one or a horrible injury or a loss of limb, it is not fair in that sense. life is unfair. it is unfair. i think that a program like this, is designed to provide a

voluntary alternative to years of litigation, and an individual choice. it is an individual choice, but i don't think this is the wave of the future, there are a number of times you find a program like this gm, bp, 9/11. they are rare in total scheme. neil: i mean just over last more than decade, they have not been that rare. >> three, every day in this country people go to court. they go to judges, jurys, witnesses. they hear the case, jury decides, that is the american way, i think programs like gm and bp, even 9/11, very rare. aberrations from normal way of resolving disputes. neil: do you think that total pay out could run into main millions. >> who knows, speculative, file the claim, let's work with the claim act we'll see what the

dollar looks like. neil: those have argueed that 5 billion or more gm is south of stkpwhr-bs spebusiness. >> speculative. neil:ken fienberg thank you very much. >> his pervue on those matters that concern ignition switch, recall and all problem associated with it, so some other recalls that have tran powered since -- transpired since, they are not part of this. everything will go back to those ignition switch recalls those who lost their lives, or badly injured as a result, we has a few night pervue, bu but it is generous financial pervue, he as sole discretion. shouldtion like that be in

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neil: leave it to a guy who used to manufacture tide to come in try to clean up v.a., robert mcdonald has his work cut out for him, he does not have free rain. he inherits is same institution. senate fix, and house fix. so he would come into a job where he would still enter with one arm tied behind his back or would he? would do you think? >> as you said, he has the skills but does he have the and support. there that is the question, there are systemic problem, an organization intrenched and corrupt, not coming in, you can't have one guy come in wave

a magic wand, there are structural issues. >> i don't think these resume is as ste stellar as they are poing it to be. he had a struggle in maintaining leadership at procter & gamble and shown the door, he said that was the best thing for the company, he is coming in to v.a. which i think should be privateizeed. >> i'm not judging him for or against, let's see how he does, let's give him a chance, i am thrilled that president went outside of the military to someone out there. i think that is terrific. but a . that you raised today, and something you wrote, i agree with, i am a hawk, when it comes

to v.a. every obstacle he will face, every union issue that is in place there every civil service issue must at least be temporarily suspended so that this guy can fix what i view as number one problem we have. >> he does have military experience. >> he went to rest of th westpo. >> he is the guy if you want private and military experience. >> you support him. >> no, i say because of make-up of his persona what you wrote about today, this is a mess that has to be congressionaly fixed. fixed. neil: to rick's points attempt rare freedom to do whatevery we wants would they give this to him. >> anyone at top of a corporation to clean up this mess would need that. neil: do you think he got, that

president would tell him, he did not need this grief, he could have said, i can't be bothered. but if i am, you better let me do what i have to do, and not have my back. >> this is a sucker position for someone who takes it odds are stacked up. >> others i am told turned it down, unger turned it down. >> that is depressing. >> you have to hope someone will fix it, you can't just write it off, i don't know if ha presidet has the power to make those promises it is between president and congress, but i tell you what between those two they should make sure he has power, and i'll be first to stand up again union in a year instance, and say let this guy do what he has to do. >> you think that president obama at-this-point in his career with v.a., staring him in case, and midterm will give mcdonald free rein. >> what does that have to do --? >> not your typical choice. >> republicans gave money to

mitt romney in last election, noteed critic of president, and his administrative ability, and a guy who you know in end controversy over multiple boards, and his attention distracted maybe not as bad. >> i think some of us here always feel an obligation to turn this on obama. neil: she is eye a hater. >> vietnam and world war ii were obama's fault. >> we all. >> we're not getting enough done. >> i agree. >> you know, it is look, i'm saying it is a step in the right direction, i hope to rick a 51 he gets license -- he gets long distance to do what he wants. >> look at this, legal immigration that is like the cause celeb of republicans. now president comes along with $2 billion plan to police borders, what do they do?

who pays that? then what?

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neil: president asking for $2 billion to stop what has been a sudden illegal immigrant influx, tens of thousands of children who have gotten into country there is no way to get them back, but maybe when this plan there is but republicans now in opposition of fighting president on a what would be a border tightening measure, or is it? tom delay, what is this plan. what do you make? >> well, i don't know what the plan is. he has not really revealed the

details, we just heard $2 $2 billion to send these people back, i don't trust him, this is an open-border president who does not want to secure border or send people back, everything he has done since president indicateed that. and this is the president has stood upside, i have a pen, and a phone i can do whatever i want to do i am president of united states, now he comes to the congress to bail him out, i would be very suspicious, number one. if he is serious about that, why is he not deporting them now, he does not need $2 billion to start doing these job. neil: maybe he is trying to put republicans in a corner? oh. maybe you got it neil. neil: you know, i say, that i heard nance tphapbg talking nancy pelosi talking about

this she did not seem as alarmed as we are this is nancy pelosi on whether this is a buying deal. -- big deal. >> this is a community with a border going through it. this crisis that some call a crisis, we have to view as an opportunity we're all americans in this hemisphere,. neil: an opportunity, we're all americans. she is mixing north, south, central america, we're all americans, she done get the memo on what was coming up today. >> she said there is no border, this is a community with a border running through it, there is no border that the way that obama sees it too. >> $2 billion thing, a subterfuge? >> yeah, he has to prove he needs that $2 billion, he has not spend money on deporting illegals for last 5 years. he has deported some but

selectively. he trying everything he can, to have open borders, and allow people to stay here that get here. so -- and trying to put the republican in the house, between you have a choice, deportation or amnesty. that is not a choice they will accept. detortindeportation part, why ht said that harry reid is for this? i doubt you could pass this through the senate. with own border democrats in the senate, so, this is a political ploy to get onus off his back, and what i would do if i were in house say, okay we'll consider this but while we're considering this show us how you are doing it, have you all tools, the money, and law behind you right now just to deport the people.

neil: all right he is the master of the executive order go for it. >> right, a pen and a phone. neil: all right, thank you very much tom delay. >> already hobby lobby protesters are cheering right now. the judge on why they might want to step back.

♪ neil: bottom line, if you are dead set against contraception and anything that can potentially lead to an abortion, the supreme court today said, you have your rights. in the case of public lobby you do not have to participate in that. when it comes to the health care law you don't have to participate in that either, but it is so limited and so confined

judge andrew impala thomas says, it might not be the open and shut victory some of its proponents believe. what does this mean -- >> i honestly think that there is more of a financial impact this decision. neil: explain. >> okay. this case was not decided on some grand principle of free exercise of religion. it was decided on the following issue. twenty years ago the congress robo loss saying that if the government wants to affect your free exercise of religion it has to meet a certain standard. that is, least restrictive alternative. no other way for the government to achieve its goal. this is not a statute written by congress. it was a regulation issued by hhs. did they find the least restrictive way to distribute funds for contraceptive purposes? answer, no. you cannot force somebody to use of the is there well.

neil: but it would force it on? >> right. so this decision has the following financial impact. every nonprofit, every s s-corporation, every llc and lp, every partnership and every sole proprietorship, if the persons who own it do not want to pay for contraceptive services for their employees, they don't have to. that would encompass the employers of about 90 percent of all americans working in the united states full time. who will end up paying for it? probably the federal government. can that be done without an appropriation by congress? no. other republicans in congress are right to appropriate money for contraceptive services that includes abortion? of course not. think the president is in a bind by having promised people that they will get this coverage. you see, if congress had voted

back when obamacare was enacted to cover contraceptive services this would have been found constitutional, but because the president had this done by hhs by an executive mandate which cannot trump congress the court found it on constitutional. neil: but unconstitutional around smaller companies. >> but if you add up the number of employees, 90 percent of americans. neil: it is unfortunate. >> no, it is not. neil: the reid is what? >> the fortune 500 companies it not challenge this. neil: find it morally repugnant. >> what can they do about it? sell their stock. neil: or work somewhere else if you're an employee. >> correct. neil: there are those who want this coverage, what is there option? >> there would have to get it by some other means. i'm sure the administration is scrambling right now the figure what those other means could be. neil: what did you make of the

closeness? >> i think that the chief justice would have sided with his liberal colleagues with whom he cited when they found obamacare unconstitutional. this had not been decided on such a narrow round. it justice scalia and company had decided this case on a broad, open, freedom of religion grounds it would have been written, a descent, the chief justice. i think to keep him in the full day decided on this very, very narrow round. can an edict by hhs trump the statute written by the congress? answer, no. neil: really quickly, always at the top. apoplectic. >> i was surprised. it was unprofessional to be so over the top. long lines were short lives. better reasons, less emotional ones have long lives. neil: it almost seemed like the florida recount. >> it almost seemed like that kind of the scent.

somewhere somehow somebody will find the money for these people to have their contraceptive services. no one says they can't have them these can't force the employer pay for it. neil: i even understood that. last night you told me. all right. when we come back, here is what happens when your city can't pay its bills. all of a sudden you can't get a lot of basic services. so a lot of folks in detroit are without water as we speak, not because they are not in the water bills, because the city is water bills, because the city is in paying its water bil we're moving our company to new york state. water bills, because the city is the numbers are impressive. over 400,000 new private sector jobs... making new york state number two in the nation

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♪ neil: you know, we are our environment. if your city files for bankruptcy protection you probably figure, i am going to strip behind a couple of my bills.

the city had its own water shut out because it was not paying its bill be read long story short, it just feeds on itself. a lot of those folks without water, looking for some relief from the same beleaguered city. now state government. our all stars. >> completely losing its way, but shutting off -- neil: coming back. >> well, not sure i agree with you. shutting out people's water is very shortsighted and really inexcusable because -- neil: for months. >> but completely from of a pragmatic standpoint, little bit of money, you need to collect. by the same token you will essentially create a situation where you will have katrina desolate conditions for many residents that will come at a much higher cost. we don't have an obligation to pay these people, but i think in terms of understanding that this

is a tough situation, good people try to help others. neil: the wonder if they took their cue from the city. >> it is aloof extreme, the way they're talking about this. residents that are going weeks without any water using the same type of water for the toilet and the kitchen. public safety issues and health issues that could actually be more expensive to the city of detroit then getting somebody who is -- neil: don't pay your utility bills. if they are not thinking it through. no question there's a certain amount of mismanagement. they're is a peculiarity to a city that has something. able to very easily move from the city of detroit to the suburbs.

bituminous launder from my grandfather to get to work. because of that major exit is, much more and much more quickly than most cities, you found detroit as actually one of the top ten cities in the world. even if the city had been managed well, there were always on course to have a problem. when you look at the solutions to detroit it all comes down to what they should have been doing earlier. they tried to do it downtown. neil: should this city pick up their water bills? >> honestly, and a capitalist. i can come out tough on issues. this is creating a serious public health safety issue. neil: humanitarian reasons. careful what you wish for. well, he says it's fine.

>> deasy 55 he is a humanitarian . >> i have little humanitarian of . >> demonic this point, people need the command. pay your bills. >> all these organizations are drilling water. >> the water utility is enough. neil: you are way too young to be so jaded. >> they're not going to give you a $200 bill. she's negative.

between gas, pork, chicken, the cost of fireworks itself, you might as well just go to france now. it's a racist.

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neil: you know, we are looking at the most expensive july 4th week back in 2008. the fact of the matter is things are getting very pricey. so from a peak and the board, poultry, double-digit increases, what the heck is going on? for future vigor for store.

go the next. >> first of all, i have not gotten one. second of all, you're right on food. let's put it into perspective. in 2008 it was almost 25% higher than today. that is important to note. number two,. neil: 2008 of there? >> i don't see it it was over. $4. neil: predictions are there will be less consumption this year

than last year. >> let's not get carried away. neil: feel the financial pain of the average folks. neil: look, it's all right. look, i know we typically ex out food and energy prices and inflation, but most families don't and can't be read it is getting to be a real problem. >> i don't know what you are talking about. clearly nothing is going up in price. relief you are concerned, let them eat cake. stay home. >> i will try that. neil: you are hungry.

>> always. always behind the curve. the interest rates are too low. then people say, to your point, you know, leave out the food and energy. because of computers. things are relatively stable. if you look good jobs, for instance, more low-wage jobs and high wage jobs. low-wage workers, struggling more go to the grocery store. all the prices have gone up. this is the new reality. neil: double the minimum wage. >> the low wage workers bins more of their take-home pay of things like rent and food and utilities. >> pay them better. what a crazy idea. pay them better. neil: really?

>> they work well beyond that. >> u.s. to requested the mind telling you. >> of course not. we pay people well. i still pay people. >> and we give them health care benefits, by the way. neil: dissing make any sense to you? >> what will we not want, a society where people aspire to make more. neil: aspire to make more or give more? >> well, you have to get it. neil: whether they can afford and not. >> it's like saying if you make really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month.

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is he drunk? bob in texas. you fail to understand that g.o.p. is trying to pour water on obama's matches. paul e-mails away to go. thank you for saying what so few people have guts to say. get to work. barbara in nevada, one of many things i like about you, how you interview people, they don't answer your question, and talk on and on, i'm glad you try to bring them back to the real issue. teresa, keep pushing like did you the other day. ann in new york. you are bang on the money. if women want to be empowered the, take it like a guy.

sherri, good for you neil. for standing up to any politician about the states of our economy. i hope you are wrong on that. i love you on your show, but you were worse with michele bachmann, rubbing a lot of people the wrong way, that is clever. neil, you were being an idiot. gloria, you go neil, tell it like it is, we need someone has to get through to the thick-headed politicians. not read, blue or green.

focus on the green. love your show, continue straight talk we need you in this wimpy nanny society, where people trade view points without getting offended. climate change. all climbing doubters, i called idiotic in history they said the same about climate freezing doubters, remember that? the permanent icy winter to come, james writes i remember that. you are right to have your doubts. clair e-mails i like how you destinguish between climate change, saying it is always changing. not saying that should pay trillions to fix it, good for

you, and by the way i hate you. >> thank you for looking out for us little guys, keep up the good work being yourself. >> there are two things you can do, if you believe that man can change climate of this planet, you are an idiot, you should look at that cosmos series, host, very clear, that climate has changed that man is a big reasons, and man better do something about it, it is his view, he is a lovely professor, we just respectfully disagree. i'm too old to care, i don't care if your grandchildren cannot wander outside without a gas mask. i don't live near the dan river. do what you want to the planet.

think about what you said. you are assumeing we can fix a problem about which not everyone agrees, if we do address we would be among few addressing it because other countries like china and india would likely get a pass. one will know that climate changed many times in past, where i live in michigan our state was covered by a glazer that created the great lakes. >> i could say i cannot listen to you any longer, you already have your mind made up, do you not listen or give the other person a chance to express their points of view, you argue and demand you are right, this guy went on and on, i ripped up the e-mail, please. diana, you are smart, funny, hand some, you don't care about

soccer, is it any wonder you are my favorite, you are the man neil. and you are my e-mail of the day! see you >> in his neck. >> when did designated the land as the caliphate and have a great new #once the formidable drug whereas