>> brian: show almost over. >> steve: that's right. in the after the show show, ann romney will swap recipes with us. >> brian: really? >> yeah. >> brian: who has one to give her? she's got a whole book for us. >> elisabeth: i don't think you do. >> steve: thank you for joining us. see you back here tomorrow. >> brian: be yourself. we want to bring you this story first. scary matter at the jacksonville airport. two suspicious packages, one said to be destructive shutting down that airport more than five hours last night. many planes were forced to stay in the air during that time. the airport was evacuated about 6:00 eastern time. the destructive package was deactivated by the bomb squad. one suspect said to be in custody. we do not know who that is. we're working the phones. we'll have a live report in a few minutes from jacksonville, florida. meantime it is day two of the shutdown. there is no deal? sight, america. congress in deadlock. both sides are digging in now. house lawmakers meeting again today taking another crack at three mini spending bills to

fund at least some of the government. democrats already saying they have made it clear it is all or nothing. they will not go partial. so where do we go? i'm bill hemmer. welcome to a busy hour here at "america's newsroom." martha: that is the question. good morn, i'm martha maccallum. the house gets back into session 10:00 a.m. this morning. no progress but plenty of blame to go around. watch this. >> the two houses disagree we should try to v. resolve the matters. my goodness. they won't even sit down to have a discussion about. >> this government the government of the greatest nation on earth, only when the public decides when one party is being uncompromising an unrhinable. martha: there you go. while all of this is going on, look at this number, ticking away by the second. we got another big deadline we're heading towards because the country will hit the debt

sealing sealing in two weeks. bill: hitting 17 trillion. doug mckelway this morning. republicans will try again as they did last night to pass some of the partial funding bills. what's that all about? >> reporter: they tried this yesterday but it failed. it failed because they brought the partial funding bills under suspension rules. it allows them to suspend the ways of the house, which allows to ex-fight procedures quickly. it requires a two thirds majority vote. they were unable to do that they will bring the same plans to fund the veterans administration and national parks and museum under regular house rules which will require a simple majority vote, a threshold that would be simple to achieve. make no mistake the democrats will reject any offer that doesn't come in the way of a clean cr that fully funds the federal government. nothing tells that better than this picture you're hopefully looking at right now, a picture eric cantor tweeted out yesterday, showing a conference table with republicans lined up

on one side. no democrats on the other. here is senator rand paul. >> a couple things that are important here. the president is saying he wants 100% of the obamacare, he wants his way or the highway. we've offered him several compromises and he continues to reject them. we're trying to fund government. and they reject it because they think it's a parlor game and will win it politically. >> reporter: president obama promises to veto any measure that doesn't contain full government funding. >> this will only happen when republicans realize they don't get to hold the entire economy hostage over idealogical demands. >> reporter: the war being fought out there right now is largely a pr war to deflect blame for the crisis. it is not a war to try to resolve the crisis at this point, bill, martha. bill: is there danger, doug, for republicans trying to pass some of these bills and if so, why would that be? >> reporter: there is danger bringing this under the regular

house rules which only require a simple majority vote. basically centers around the fact that moderate republicans in the house are beginning to protest the hard ball tactics, idealogical tactics of the right-wing of the party. if you get any moderate republican defections on these votes today, coupled with probably unanimous democratic opposition this thing could blow up in the house. the entire gop strategy could blow up in their face today. we'll watch as senate reconvenes at 10:00. we're expecting the rules committee to get underway at 10:15. we'll see what they come up with. bill: in a week full of drama there is more today. doug mckelway leading the coverage on the hill. martha. martha: the shutdown means all the national monuments are shut down including the world war ii memorial on the mall. simple group of barricades didn't stop world war ii vets from getting in where they wanted to go, a monument dedicated to their service. they traveled from mississippi on this trip for a special day for all of them.

members of congress moved barricades. you saw that taking place. let the vets and families in. listen. >> this is no shock. this is no surprise. we all knew this was going to happen. and so why in the world did they wait until a crisis point? we know why. for political purposes, president obama and harry reid wanted the government to shut down, look at these evil republicans. they want this to happen and they want to make sure world war ii veterans get shut out. we said nuts to that we are going to let the world war ii vets use this political pawns. that's why we showed up today, to help them. that's why we are here. martha: you have to shake your head, looking at all of this. that was congresswoman michele bachmann. she was out for a walk apparently when she got the call. she will be live in "america's newsroom" this morning. we're looking forward to that she will join us at 9:30 a.m. bill: interesting walk. meanwhile unions representing federal workers they will fight to make sure the 800,000 federal

workers furloughed because of the shutdown will get a paycheck at some point. congress has power to give them back basement they have to agree when to put the employees back to work first. that is job one. workers were paid for the time during the shutdown of 1995 and 1996. there is precedent to follow through on that. martha: a new report while the government shutdown and only essential employees are needed, it takes only 6.6% of the epa to actually keep things running. how about that? according to reuters it means only 1,000 of more than 16,000 employees that work at that big building at the environmental protection agency are actually essential to the functioning of the agency. that has caused some in washington to ask why we need the other 15,000 epa workers at all? you know, i mean it becomes a very relevant question. my mind goes back to the president, early on in his presidency he wanted to go you there agencies, he wanted to go line by line. in fact in a state of the union address once he addressed three

different agencies dealt with salmon upstream, downstream, gee, whatever happened to motivation of trimming these agencies. this raises valid questions how many people actually need to come back? bill: i declared you essential yesterday. martha: thank you very much. >> you declared me. so i appreciate that. but with regard to michele bachmann, she said that louie gohmert was taking barricades and rye moving them. he will on the program true. trying to get to the bottom of the memorial. martha: this is open park. it is symbolic. we'll talk about that in a moment. so the obamacare rollout as you may have heard did not to off quite as planned yesterday. healthcare.gov as the website is known, got serious glitches into its system yesterday. that happened minutes after the marketplace opened. some people using exchanges are asking the white house was ready after three years for this rollout? peter doocy is looking to all of this. he joins me live from washington. peter, does the white house wish they may have wait ad little

longer to get this rolled out? >> reporter: no, martha. in fact some of the officials in charge of yesterday's rollout, if the problems were caused by unexpectedly high traffic, that is a good thing. it means a lot of people are interested in obamacare. the white house press secretary says healthcare.gov did well on game one, the same way a baseball team's website might be slow. >> kind of like people getting to the first pirates home playoff game, right you? know, when you go on site and it's hard to load the page that it is because a lot of people like you want to find out if tickets are available. the great news about this, is it is not one game. it is not one night. the seats are unlimited. >> reporter: the most recent update we have from the administration, at least 2.8 million people visited healthcare.gov yesterday and 81,000 people called the help line but so far, federal officials have decided not to tell us how many of those people

actually signed up in this federal marketplace which covers 36 states. martha: yeah. i mean anecdotally saw numbers looked like it was very small number were able to get on and register for the program. what were some of the bigger obstacles people hit in this process, peteer? >> reporter: on top of all that traffic several states delayed their launches to fix error with subsidy calculations. we heard countless consumers were held up by some faulty security questions on a security questions page. >> i've had a couple agents and brokers tell me today if you like dealing with dmv or irs you will love dealing with obamacare. technological glitches are significant. it is very difficult for consumers, agents, broke, navigators for all those using the system to use it. >> reporter: they think open enrollment is a marathon, not a

sprint. they think everything is off to a good start. martha: everyone loves dealing with dmv and irs. on top of your favorites. bill: we'll go there this afternoon with a field trip and report back. martha: get a picture just for fun. bill: right on. want to get back to our top story in a moment here a major airport is shut down. a package called destructive. a person has been arrested. a live report what is happening with that. martha: the other side of the story of an suv driver beaten by a gang of bikers. now the wife of the biker who was seriously injured in this says that it is the suv driver should be facing charges. so should he? bill: also is the white house just brushing off yesterday's rocky start to obamacare? why the president is sort of comparing himself to steve jobs. what's up with that, huh? >> i don't remember anybody suggesting apple should stop selling iphones or ipads or threatening to shut down the company if they didn't.

martha: well despite what appeared to be a that you in u.s. iranian relations the obama administration is said to consider new sanctions against the islamic republic but reportedly it is asking congress to hold off to make the decision until after this month's nuclear talks to see how this thing goes. this comes after last week's historic telephone conversation on a friday afternoon between president obama and iran's president which marked the first contact between the two nation's leaders in more than 30 years. >> we have to pass the bill so that you can find out what is in it away from the fog of the controversy. >> that was march of 2010. now we're all in for. now we're seeing what is going on now but no worries from the white house even though glitches let millions unable to access the enrollment website on day one, the president comparing it to the new iphone release. >> consider the just a couple

weeks ago rolled out a new mobile operating system and within days they found a glitch. so they fixed it. i don't remember anybody suggesting that apple should stop selling iphones or ipads, or threatening to shut down the company if they didn't. that is not how we do things in america. bill: stephen hayes, senior writer "weekly standard," fox news contributor. good morning to you. >> good morning bill. bill: that is not how we do things. what do you think of the apple comparison. >> i think it is flawed as people pointed out. nobody is compelling to you buy apple products. you have other products to choose if you want that certainly is not the case with obamacare. the president is trying to make the best after really bad day for obamacare, the first big day of this launch and he will find any argument he can make to put it in the context most beneficial for him. bill: what the white house will argue, you hear kathleen sebelius argue, you have to give

it some time here. are folks like you being impatient? should we expect a few bums and glitches on day one or not? >> sure. think about their argument in sort of a broader context. kathleen sebelius and president obama and others are arguing in effect, these are small glitches, it will be smoothed out and everything will be fine, everything will run fine. i think it is possible but i think it is far more likely, having three years, spent three years planning for the opening day launch, that introducing rather minor parts of obamacare, basically it is listing options, it's allowing for sign up, we're not getting into the complexity. bill: it is software. has nothing to do with surgery. >> no, exactly. i think it is far, far more likely that this is a harbinger of things to come where the problem isn't going to be you get an error reading on the computer screen or that the 800 number doesn't go through but that you are told, there's been a glitch, a technical problem with your application to get a

kid any transplant or something. bill: we'll come back to the apple deal. because you can buy a samsung. you can buy a motorola. you can buy a lg. you can buy a nokia. you have all options as a consumer. but under this law you do not. kathleen sebelius is making the point that so much interest is out there that is the reason why the computers screwed up. let's watch this. >> we have had a few slowdown, a flew glitches but it is sort of a great problem to have, based on the fact that the volume has been so high and interest is so high, we're working quickly to fix that. bill: now the phrase, that's a good problem to have, is that the way you want to sell it? >> boy, i think that is unfortunate way of characterizing this. first of all it is unclear as you report from peter doocy just suggested how many people actually were there to really sign up and were able to sign up and how many people were there because they were checking it out or curious about what happened but in any case, it is hard for me to buy the argument

that it's a good thing that the system is failing. think about that. it is kind of argument that if it had been made during previous administrations would have been dismissed and laughed at my mainstream media. bill: your large point is that this should have been the easy part but whether it's in washington state connection refused, oregon, glitches materialized, maryland, four-hour delay, folks in new york were getting an error blessage the entire day and the end did not get through, the president made a point that there were a million hits before 7:00 a.m. yesterday morning, before the sun came up. that is a country of 330 million people. >> these stories are not just stories that reporters plucked out to suggest that things around going well. this was the norm. i mean it was the case i think that if you went to other networks that tried to sign up people while they were doing this on live tv, they had problems. reporters from "the new york times" that went with folks who

were trying to sign up, they couldn't get into the computer system. then they couldn't get the 800 number to work. people were leaving because they weren't interested. these are big problems. i think they suggest more difficulties to come, as we move into vastly more complex implementation processes. bill: we'll see who's right. the administration would push back hard against that but we will see over time. >> that is the good thing. we'll know, right? bill: that's true. >> going from being theoretical to in practice. what we saw a yesterday a lot of things skeptics suggested would happen actually happen. bill: you have hard data now. you have projections put out months ago. we'll watch it and gauge it over coming three to six months to see whether or not they match up. that will tell us whether or not the math will add up. steve hayes out of washington. >> thanks, bill. bill: martha. martha: how about this story today. they served their country with bravery but could not get in to see a memorial set up in their

honor because of this government shutdown thing. so this group of world war ii veterans, didn't want to take no for an answer. watch the video. look at folks as they pour through the gaetz. bagpipes led the way. it was quite a moment. michele bachmann, congresswoman was there. she is here live to explain what happened next. >> also get a live report from the airport in jacksonville, florida. what happened there last night. we are live on the ground with details next. >> all the guards started coming down and going like this, get back, get back. so at that moment everybody is like, okay, you know, what's going on?

bill: there were dozens of who turned out for this emotional candlelight vigil yesterday. five members of a family in colorado killed after a horrific rockslide. those mourning the loss saying

their good-byes and offering prayers for the family. >> for them to be up there just taking family and enjoying the scenery and then have the mountain come crashing down, it is just so tragic. >> they paid for their own training. they paid for their own equipment. i can not say enough about these, about these people. >> doesn't get better than their family, and kids, were the most respectful kids and, as coaches they were bar none in terms of their relationships they built with kids. bill: what a sad, sad story. the sole survivor, a 13-year-old girl, said to be shielded from the rocks by her father, she remains in the hospital. martha: okay, let's get you back to florida now for a moment with the international airport there in jacksonville back open this morning after police discovered two suspicious packages, one of which had to be deactivated by the bomb squad. steve harrigan is live in miami with a look how serious this threat really was, steve.

>> reporter: martha, we're getting new details this morning. one of the two arrests is named zelco causevery much, 39 years old. being held on charges of manufacturing and making threats with a hoax bomb of as you noted there were two suspicious packages in jacksonville international airport last night. one was inside the terminal and the other was inside the parking garage. it is not sure whether the people were working together. right now the fbi is in charge of the investigation. martha: so, steve, has this create ad lost chaos there in terms of the travel plans for everybody in jacksonville? >> reporter: it really all started at 6:00 p.m. last night. that is when the airport was completely evacuated. for incoming planes, they were held out on the tarmac and passengers were eventually taken off on buses into hotels. so if you were trying to get into or out of jacksonville international airport last night, there was trouble. >> and as time kept going on they kept pushing us back further and further until

eventually they told us we'll have to leave the airport. they took us down the terminal, out the jet way and on to the bus. >> reporter: the airport itself was reopened after about five hours just before 11 p.m. it is open and running now, martha. martha: got to figure out what is going on with that guy. steve, thank you very much. bill: he was the hero captain of the u.s. cargo ship rescued from somali pirates. in a moment hear why the crew of that ship, the captain richard phillips put them at risk, they're suing, get this now, $50 million! coming up. martha: plus how these group, this group of veterans were not taking no for an answer after being shut out of the world war ii memorial in washington, d.c. they traveled far to get to this moment. nothing was going to stop them. congresswoman michele bachmann was there. she was out for a walk and happened to be there and helped them out. she is here live to tell us the story next. >> he is completely unwilling to work with us and that is our problem. what do we do?

in this case members of congress might go home and let the president be a king because he only wants things his way. well that is not how the government works to give-and-take. the only thing is he won't.

bill: the payment -- impact of the shutdown of day two being felt acutely in washington d.c. all the monuments are closed there and hundred of thousands of federal workers at home leaving the nation's capitol

unusually quiet on a wednesday morning. molly henneberg is at the lincoln memorial behind her left shoulder. we saw world war ii veterans getting past the barriers yesterday. will we see another showdown at the memorial today? >> reporter: more honor flights of world war ii vets on the way to d.c. right now. they should arrive at the world war ii memorial the next hour or so and the barricades are still up. one member about congress who said he helped remove the barricades yesterday for another honor flight of world war ii vets to get in to see the memorial said he is not sure how it will go today. >> i'm hearing this morning they will have mounted police. we have another honor flight coming in today that will arrive from chicago with hundreds of more world war ii veterans. we really don't know what is going to happen. are the park police going, are we going to be fortunate as we were yesterday with the veterans from mississippi and iowa? are they going to be turned

away? >> reporter: those mississippi and iowa world war ii veterans didn't let the barry grade deter them yesterday. they did have a chance to see the memorial. this whole thing puts the park service in a tough position though. they're told by the department of interior to close all facilities including those open-air war memorials around washington, d.c. but a park service spokesperson said they want to be respectful of veterans as well. bill? bill: congress will get another crack at this, right? they might vote to reopen the memorials again today, is that right, molly? >> reporter: yes. here's the situation. it came up in the house yesterday, a bill to reopen the national parks which would include the war memorials. it need ad two thirds vote to pass. it didn't get that. so they will bring it up in the house again today under a different set of procedures where it would only need majority to pass. of course it would need senate approval as well which seems unlikely. it has a long way to go in congress to just reopen the national parks and war memorials.

as far as furloughed workers this, is the first full day that 800,000 federal workers are at home because of the furlough, because of the shutdown. those who still had to come to work today though expressed concern for their colleagues. >> i feelhe people that will be affected and their families. >> reporter: federal employees are not getting paid today, whether or not they are at work. those who are on the job may get back pay. they should get back pay. that is what happened before once the government who was funded again. those who are home may or may not get the paid for the days they're furloughed. bill. bill: molly henneberg on the national mall today. thanks. martha: congresswoman michele bachmann was there at the world war ii memorial when this all happened yesterday. take a listen to what one of the veterans from mississippi had to say about the government shutdown. >> we've certainly feel real bad about that and we having kind of a hard time as you can witness

here today, of all of us from world war ii veterans looking at our memorials and understanding some things and it is kind of heart-warming and heart-breaking about it. and we hope that at the could get things worked out. martha: we do. minnesota congresswoman michele bachmann joins us live. congresswoman, good morning great to see you. >> great to see. >> all this played out yesterday. you happened to be out for a walk and heard about it this and rushed over to see what you could do, is that right? >> that's right. i got an email said world war ii vets were showing up to the memorial and a call for members of congress to come and help get them in. i happened to be out on the mall so i ran over and i was on the opposite side of the barricade. i quick took a couple of photos. i couldn't believe what i was seeing because it was buses barricades, and there were4 to 99-year-old veterans held away on the other side. so a couple of members brought a

scissors. they cut the yellow police tape. they opened barriers. a bagpiper led the way. we all helped world war ii veterans walk around the monument t was really a wonderful experience. we heard today that again they might bring mounted police officers some members of congress are planning to go down again today to help them get in. there's a group coming in from illinois. there is another group coming in from i think missouri. so a number of us will be there. martha: let me ask you this, congresswoman. it appears that democrats are happy to let this happen, right? because they're saying it is all your fault, republicans. this standoff is your doing. so now you're going to put up with the consequences because these bills have been brought forth, why don't we open the parks, why don't we support the va and they're getting shot down one after the other. they seem to be enjoying this to some extent. >> that is so ridiculous. we were on the ground and saw how it would impact people who

are 95 years old wanting to see their memorial yesterday. we introduced the bill yesterday to open these memorials up. the democrats voted it down. so now we're putting that same bill on the floor today, so that it can pass only with republican votes. we just need a simple majority. we're trying to solve problems right now. this isn't political. we're trying to solve these problems so that the world war ii veterans who, i'm not kidding, for a lot of these guys, this was a trip of a lifetime and they deserve this. this is 70 years ago when they served us in world war ii. they deserved being able to get into the memorial. we need to open it up. martha: do you think it is politics to shut these places up? these are open parks. like closing central park and puting a gate in front of it. is this a political game, oh, if you will not let us move forward with this, we're just going to shut down all the places and it will look bad publicly for you? >> of course. that's why we're planning to be there every single day to help them, to make sure that they can

get in. now the fountains are turned off. they won't see the fountains. lighting is turned off. as you said, martha. it is open-air, all we want to do is be there because it is tough if you're 95 years old to open a barrier yourself. we want to be there to give some authority to say let these people in. they deserve it. martha: let's take a look some of what happened on the floor yesterday. let's roll this and get your thoughts on it. >> this is a game. this is a game. there is no excuse for not opening up all of government. >> all. >> there is not any excuse for leaving some employees behind while you take care of others. there is no excuse. >> this is a waste of time. it's not going any place, thank heaven. but what it is, is not about what they're talking about, parks, veterans or district of columbia. it's about the affordable care

act. martha: you know we had numbers yesterday, congresswoman, con aggression aol approval ratings are at 10%. and i think people just look at all this and they say, you've got to be kidding me? let the veterans into the park. it is an open-air park but let's get this show on the road. they really blame both sides. the weight seems to fall more significantly on republican side. there are some indications from some members of congress they're geting a little nervous about this. they're getting anxious. they might want to pull the plug on this. representative nunez says he thinks people who are holding out on the republican side like you, calling them lemmings. >> well, you know, i think what we're seeing with the mainstream media it is always the republicans fault. it doesn't matter what happens. but it is republicans have put forth four different bills to solve this, including one bill said, can we just sit down and talk? we sit down and a do a conference committee and figure this out. there is only one position that the president has and harry reid

and it is their way, 100%. don't forget, martha, president obama on his own has changed obamacare against the constitution. he has changed it 19 different times. and so he thinks that we're just supposed to fund whatever it is he comes up with. it doesn't work that way. this president can't get the idea that everything has to be only his way. we have elections certificates too and what we're trying to do is get the best possible deal for the american people. it is not about president obama. it is about the people that we serve. that's why we're here. martha: congresswoman, thank you for being here. we'll be watching today. we'll see if you get the parks open and some of the other things on your list, trying to put it through on a majority-only vote in the house today so lots to watch. thank you very much. we'll see you next hour. bill: weill see if veterans next hour from kansas get access to the memorial. 95 years young, in a wheelchair. what a life you have lived. tom hanks is set to play him

on screen, but the real life captain phillips might be in legal trouble. why the crew is turning against their captain. why would that be? martha: a driver swarmed by bikers in a new york city, on a new york city street. he tried to escape. there is some of that moment. and ran over one of the bikers during that escape. they chased him down and beat him in front of his wife and 2-year-old daughter who was in the car. now can the driver face charges in this case? >> if you look at video you can tell the man ran over something. that something is my husband who is paralyzed right now in a coma in the hospital.

martha: well teachers in brazil have been on strike for more than a month now and yesterday they hit the breaking point. watch. [explosion] [shouting] martha: wow. that doesn't look like any teachers strike we've ever seen

before. grenades and rubber bullets on the crowds there as explosive riots broke out between police and teachers in downtown rio. the teachers are enraged over a salary proposal they don't think is good enough. the country has been in economic turmoil since june when transportation fare strikes sparked nationwide demonstrations. more of that. bill: the wife of a biker hit by an suv sparking a massive chase and beating of the driver says her husband will never walk again. we'll show you the scene sunday afternoon, manhattan's west side. a group of bikers and others surrounding the black suv, the range rover you see off to the right. there was a moment with a small bump with one of the bikers before that happens. that's the driver, he fled the scene. clearly felt that, you know there was something here that needed him to get out of here. with his wife and child in the back seat. the next scene is this, when you stops and a gentleman tries to

open the car door. that is unsuccessful. then it was several streets later where this was the end result. one of the bikers smashing the window of the car. the man said to be dragged out. he was treated for minor injuries. his wife and child stayed inside the car. all of that was captured on helmet cam. now, the mother and the wife are talking. and they believe that this man will never walk again, from fox bows ton. there's this. >> my husband -- [inaudible] the bike away, from the scene because they stopped on the highway. walked over to the front of the truck to help the guy that got hit. i don't know if that man was scared from whatever the other bikers were doing, but he ran him over. if you look at the video you can tell that man ran over something. that something is my husband who is paralyzed right now in a coma in the hospital. bill: the family clearly wants charges brought against the driver. so will the driver be charged?

andrew napolitano, the judge, senior judicial analyst with me in studio and good morning to you. >> good morning, bill. bill: wow, so on, i don't know is it self-defense or is it road rage? >> only a jury can resolve it. the initial reaction, the initial valuation by the police is, that it was self-defense. there's, there are two aspects of self-defense here. one is the right to flee, to use excessive speed, to get away from your tormenters, there by leaving the scene of an accident, endangering others as you go at rapid speed which is what happened here. the other is the right, believe it or not, use your car offensively to charge back at your tormenters. as i understand it, the jury may look at this find it differently, the case will not be tried for a long time. there will be a civil case, the go who lost his legs will certainly sewage the driver. lawyers will take discovery, look at documents and interview witnesses and there will be a trial.

a jury will have to decide who started this and who is responsible for the end result. bill: you have to go back to the original point of the altercation to figure out how the dominoes work together? >> yes. that appears to be the bikers trying to dominate the roadway in a man they're they were not lawfully permitted to do. bill: it would appear. now the police commissioner kelly come out, he has already come out i will not charge the driver of the suv. >> right. bill: hasn't it taken it off the table. but there is a process here and a investigation. what then do you say to the family who is dealing with this man in the hospital now? at what point did this altercation begin? >> the altercation probably began when the bikers surrounded the car and the driver of the car, normally and naturally was terrified at that and attempted to get away, something he has every right to do. some people have argued, including the lady whose husband is now paralyzed, he should have stopped at scene the time he struck her husband. the police commissioners argued,

and i agree with commissioner kelly there was not obligation to stop at the scene of an accident when you are reasonably in fear of your own life and the life of your spouse and your child as well. there is every right to flee that scene. eventually, stopped and eventually identified himself when, he was beaten by these bikers. bill: two quick points. you tried many of these cases. you sat on the bench right in new jersey. >> yes, yes. they're enormously complex. bill: you're trying to put the story back together, yes? >> years later. bill: years later. >> on the basis of eyewitnesses and forensic evidence to try to figure out who knocked over the first domino. bill: i got it. another point here, nypd, they're looking for more people. >> yes. bill: who may have been connect, in new jersey, in your state the police always pursued those they believed might have a role in this. >> the nypd, again my hat is off to ray kelly. the nypd has a policy not to follow these high-speed chases through the city because of

danger to innocent bystanders. just across the hudson river the policy is opposite. when innocent bystanders get killed, guess what, there is nobody they can sewage. bill: my takeaway, perhaps not a criminal case but indeed a civil case? >> yes. bill: thank you, judge. good to have you back. >> good to be with you. bill: martha, what is next? martha: have the tables started to turn in this fight over shutting down the government. how republicans are trying to compromise but democrats say it is all or nothing. bill: so you call 911, right? you tell your operator about your loved one in serious trouble and have the operator laugh at you? you got to hear this one. female announcer: save up to 35%

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bill: we are working this story out of jacksonville, florida. last night the airport there was shut down for five hours. several planes circling overhead we're told for hours at a time. now we're told a man arrested the at the airport told screeners that he had a bomb in his backpack. in the end they found only an electronic scale and batteries. the man is said to be from bosnia, 39 years old. scheduled to appear in bond court today in jacksonville at 1:00 eastern time. we're working the story to figure out what is behind all of this and more. jacksonville, florida, moments away here. >> stick together, and we'll be all right. [shouting] >> one minute. >> going to shoot somebody, shoot me. >> relax. everything going to be okay.

look at me. >> sure. >> look at me. >> sure. >> i'm the captain now. martha: wow. looks pretty intense, doesn't it? so that captain's story is the basis for an upcoming hollywood movie but captain richard phillips whose ship was rescued from somali pirates is facing real-life drama because his crew filed a $50 million lawsuit claiming phillips knowingly put them at risk. julie banderas is live with this. this is a-list tom hanks is portraying the man from vermont who became a worldwide hero. a local screening aim along with controversy, right? >> reporter: this guy was hailed a hero after he saved his men and himself but on the big screen the new tom hanks movie depicts captain richard phillips who saved his men when pirates attacked but this 50 million-dollar lawsuit paint as different picture off screen. the real captain phillips who was hijacked four years ago got

a hero's develop woman at a sneak-peek in the home state of vermont. before the screening he thanked the military that he never felt empathy for the somali pirates. at a premier last week captain phillips explained how he claim through the ordeal. take a listen. >> i came to the conclusion it would turn out for the best. i had to get my crew, ship cargo out of the situation. i had to do the best i could and i wasn't going to give up. >> reporter: hanks place phillips in the paul greengrass movie which told the tale of spending five days hostage on a lifeboat after the maersk alabama was hijacked. he was beaten, tied up and threaten before rescued by navy seals who shot three pirates and rescued the crew. the film debuts in theaters nationwide on october 11th. martha: this looks like an incredible movie. this lawsuit is claiming what exactly, julie? >> reporter: the lawsuit paints phillips not a here roy but in

fact a captain who steered his ship in harm's way against the his crew and seven maritime warnings of pirates attacks. the suit is not against phillips personally. it is the against the mayor being limited and. the crews attorney said they begged captain phillips not to go so close to the somali coast. as you remember two days best maersk alabama, was taken two vessels came under attack. according to the lawsuit captain phillips ignored. martha: thank you, julie. >> want to see the movie. they are coming back to work in moments, folks. republicans might pass the mini spending bills to fund at least parts of the government. democrats say, not if we can help it though. we'll take you there live. you know throughout history,

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martha: all right, folks. we're getting rolling here this morning. the house is ready to try again. they want to try to crank some

of the parts of the government back open this morning but senator harry reid and the democrats are essentially saying absolutely not. they won't negotiate on reopening any segments of the government because they seem to think the shutdown is, has to be that way for now. welcome to a brand new hour, "america's newsroom." we're starting on hour two. i'm martha maccallum. bill: i'm bill hemmer. the bills on the table would reopen america's parks and monuments and would continue the veterans benefits and allow the city of washington to function, do its work. even mike lee, a tea party senator, leading the charge against obamacare said this. >> senator reid and those members of his conference, those who support him, have rejected all three plans, rejected all three offers to keep the government funded. accusing republicans of playing games with obamacare. so in light of that, let's leave obamacare for another day and

not hold the vast majority of government functions hostage when the vast majority of government functions don't have anything to do with the implementation and enforcement of obamacare. martha: hmmm. so that is interesting, right? some democrats charge what senator lee is proposing is a back doorway to reach the gop's ultimate goal that would be to sort of systematically add things into the budget and starve the money out of obamacare. chris stier walled joins me now, fox news digital politics editor and host of "power play." you have two takes what mike lee said there. he is caving, he is caving on this issue. others are saying what he wants to do start the budget basically at zero and start adding things back in and leave out obamacare. >> well, i think they could both be a little right in the sense that you're not hearing republicans, ted cruz, mike lee, anybody filibustering or holding the floor to rail against obamacare today. what you are hearing today, very much today, is a discussion over

how this partial shutdown is being administered because as we know, the government isn't shut shutdown, it is partially shut down, some 825,000 or so out of two million civilian employees aren't working. they're on furlough. what do you do with the rest of the money if what do you do with the resources. which of those 825,000 come back? for example, do you need to close down the world war ii memorial? do you need to do those kind of things? so now, the shutdown is the reality. the administration of the shutdown now become as political football. martha: just like the white house tours, right? >> oh, yeah. martha: it's a political symbol, well, if you will play this game we'll make the tourists wait outside the gaetz and we'll make these poor world war ii veterans wait outside of the barricade. see how you like it folks. meantime the president is planing a big trip to asia. they're in a weird provision right now because they're dropping some countries off the list in appears to be a scramble

it is not that over the top. play this exchange with jay carney, chris. i want to hear then what you have to say about that. >> we certainly hope in the time between now and the president's scheduled departure the speaker does the right thing, puts on the floor of the house a bill that will overwhelmingly pass according to republican congressman, a clean cr and reopen the government. martha: okay. so what about the trip, chris? >> well, i bet he does. i bet he does hope that house republicans cave in so the president can go on his trip. but let's think about this. with aid to needy families cut off in some states, with problems arising everywhere around the country, can the president defend a trip where the sult tan of brunei will be his host? where he will visit the very lush confines of bally and go to indonesia where he grew up? can he do that stuff? probably not. and as we get close toward end

you will see i would suspect this week the president's list of travel will go from smalltory none because i don't think he can afford to spend, politically affords to spend tens of millions of dollars on this travel right now. martha: i mean it is so curious, the way some of these countries, i was looking at the urgent queue, confirmed. he will not go to malaysia. he will not go to this country the philippines but he will likely go to bali and indonesia. makes you scratch your head, either the president has to go on these trips and see these countries for diplomatic reasons and a must-do, or why would you ever be doing that at all? >> that is application of a little bit of horse sense. that is not always common in the briefing rooms of washington, d.c., martha. yes, the reality is he must go or he doesn't. he doesn't have to. and that's the reality. the reality for the administration now is, they're saying we will not talk. we will not negotiate in the belief that republicans will

continue to twist and turn themselves into north, negotiating with themselves whether or not to have the shutdown. as long as the shutdown goes forward, to a large degree the president is spoonsable for the execution of that shutdown, his judgment and his administrations judgment as it relates to that become as bigger and bigger deal. for republicans it's a dangerous game but one they do have some chips to play. martha: they have to decide if they hold out until october 17th and loop this with the debt ceiling issue and can they? looks like some republicans are starting to get nervous how this is going. chris, tnks. we'll see you later. >> you bet. bill: meantime the shutdown could hit college football, who knew? the pentagon saying service academies may have to miss their games. army at boston college, air force at navy might be on ice. the navy is saying it will make a final decision at noon tomorrow. the prospect of no football led to the terse comment from naval

academy alum, senator john mccain. he said, quote the apocalypse is upon us. he is a big sports fan. martha: big navy fan, that's for sure. shed as lot of light on the ridiculousness of most of this, right? you can't go to the memorial but can't play football. looks like a slap on the wrist and a statement being made for political reasons perhaps but meanwhile more and more businesses offering freebies to furloughed employees right now. have you heard about this? amc theaters is one of them. they offered free popcorn to federal employees because they're not working. come on over, they see it as a business opportunity. "national geographic" museum is offering free admission to government employees, giving them something to do on their time off. polarized fitness studio outside of alexander, virginia, offering free pole dancing. see how that works out for you because the federal government workers are excellent dancers. something we learned. bill: soon they will be better i

guess. martha: apparently. bill: i hear it's a great workout. martha: really? bill: that's what i hear. it is a great workout. martha: i guess it is. bill: that's what i hear. day two of obamacare. president obama saying high demand forced the website to crash. detractors say this is a bad sign of things to come for this law. officials in states all across the country, reporting problems including the state of washington. dan springer is live in seattle. tell us what is going on there. what is the nature of the problems in your state, dan? hello. >> well, hey, bill, there were problems in virtually all of the state exchanges and the federal level. some is due to the high volume, a lot of people going to the website. that was not the case in washington state. officials can't tell us exactly why the website crashed yesterday. it went down one hour after it opened. it was down for a full six hours yesterday. in fact it was pulled down for maintenance as we were watching people try to enroll. they never were able to finish the process.

oregon, nevada, alaska, colorado, maryland, they all had glitches that prevented people from enrolling in the state exchanges. >> come here to the office, trying to pull it back up and it just wouldn't let her in. due to a lot of the traffic. >> reporter: now 34 states don't have state exchanges. if folks want to enroll in obamacare, there they have to go to the federal website. that too had problems yesterday but officials on the federal level say that was due to high demand, 2.8 million people visited the federal website. an additional 81,000 people called the call center. they say it was high volume, bill. bill: are these problems minor, dan? what are the prospects long term? >> reporter: well, i think the prospects long-term according to officials are very good. in fact they're down playing the significance of these. they say that these problems are to be expected and nothing out of the ordinary when you launch a major program like this.

they very confident they will get the problems fixed. >> success will not be defined by the first six minutes or six hours. it will be defined by the first six months up until the end of open enrollment on march 31st and years beyond that. >> reporter: interestingly foot traffic at the clinics that we were at in seattle yesterday was very light. you know, a lot of people think that folks will walk up and do this because it will be very complicated. they have to have a lot of documentation, proof of income and number of people in the family. and so they hired, here in washington state they hired and trained a lot of people to handle the walk-ups but virtually no one walked up yesterday. health firms are telling think people will sign up as they come in for their regular health care when they get sick. they will be diverted and enrolled that way. bill? bill: we shall see together, won't we? thank you, dan. dan springer live in seattle, washington. >> reporter: yep. bill: there is also a report that says there are 150 different languages available to

those who want to sign up. and 150 different languages are available, if you want to make a phone call. martha: test that out. bill: where is that happening? i got an idea. martha: to answer our questions in -- bill: how about english? martha: burmese. english would be a good start. a report yesterday said a lot of questions were clicking on for most asked questions, how much of a fine do i have to pay if i don't want to get it? bill: looking for the consequences. we talked yesterday at the open. you have to give a lost information. tax returns. employment information. social security, i mean -- martha: invasive. bill: yeah. i think a lot of people may feel that way. we'll see. martha: glitches that some of that information leaked apparently as well. so lots to think about on that front. in the meantime, the 800,000 federal workers who are off work during this shutdown, serving as reminder how many federal workers america has. so many that they would make up the third largest city in this country. so could we do with fewer?

we're going to debate that coming up. bill: check out a scary moment. a school bus packed with kids involved in a nasty accident. whoa. what police say caused this and how it turned out. martha: this is no laughing matter. when a frantic man calls 911, he says his girlfriend is on fire. the response has the dispatcher now in hot water and a community asking questions. >> my house is on fire and my girlfriend is on fire.

bill: violent chain reaction involving two school bus. that is on tape in tacoma, washington. the woman behind the wheel reportedly crashing into a pickup truck and another school bus. no children on board either one. the driver got a ticket for

negligence. she was not wearing a seatbelt properly. whoa. she was not injured. luckily for her. martha: all right. so the shutdown enters day two now, the crisis raising concerns about new questions about the size of our government. because 800,000 federal workers have been furloughed as part of this shutdown. that is part of the three million people that make up the federal workforce. so for a little context here, the most populated city in the country is right here in new york city with just over eight million people. los angeles is second with four million people and as federal workforce were a city, it would rank third with nearly three million people in the federal civilian workforce. so let's talk about this alan colmes, host of the alan colmes show and mary catherine ham, editor-at-large of hotair.com, both fox news contributors. good to have you both here. alan, i'm going out an him you will say, this is opportunity to say the government is too big.

>> see ya. thanks -- martha: however an opportunity to say maybe the government is too big because you look at this and how we're doing things and i think about when the president did the state of the union address years ago and he said do you realize we have three agencies that handle salmon? you have the upstream salmon agency, the downstream salmon agency. he said, you know we need to trim this government. we've got to trim it. i'm thinking, i don't know i bet all three agencies are still in place. >> you could say are there any jobs that could be cut? sure. is there any fat anywhere in the public arena? of course. but simply to say, well 800,000 jobs, that sound like a lot of people therefore we must be able to cut it and we're surviving okay right with a government shutdown. it isn't affecting one particular person personally doesn't mean the jobs are not necessary. by the way, pozner, richard pozner at the university of chicago did a study on this, 16% of the our population is in the federal workforce compared with seeden at the high-end about

34%. that does not affect the economic, economic well-being of the country in terms of per capita income. so you know -- martha: we've got a ways to go. we can get up to 34%. >> we're a long way from sweden. >> a long way. >> the problem for democrats and i think there is serious political danger for republicans in the shut down continuing, and problem for democrats and liability for liberals if making argument all the time every single cent and every single job is essential which ends up being a lot of the argument a lot of times from congressional democrats when we end up in a situation like this, people start learning we employ a bun of art historians and environmental engineers i didn't know about and they start wondering hey, is this really necessary? i think that is little bit what happened with sequestration. the second liability i think the administration if they start making calls that rub people the wrong way, like the world war ii memorial issue where someone was sent out to do extra work to

shut it down, people are going, wait, are these jerks trying to hurt us on purpose? and that's problem. martha: how dumb do they think we are, alan? when they shut down toughstuff, they pick the white house tour and world war ii memorial because sticking a knife. that is how they get there to find out that closed. >> when you say they, this happened last time there was a sequestration. when sequestration first started. it was actually the credit service and security personnel who decided the white house tour had to be shut down. it wasn't some cavalier decision made by the president. this has to do with security issues. so there's often a reason or maybe sometimes unexplained as to what is shut down and why. martha: you know, we go back to the irs line dancing and look at the jeff neely in the baths tub, that led to, we would hope, reining in a little bit some of this spending. >> no line dancing. can't have line dancing among federal employees. martha: seriously. because mary catherine just touched on something very

significant here. what it goes back to this discussion of not one dime. we're not cutting one dime. every single dime it goes to something that is meaningful there. >> that is not my position. >> martha, not just one dime. not just not cutting one dime. we can't afford to not grow as much as we planed to. that is how washington works. we've got these huge inflations of spending on the books and we can't afford to even cut back from those. and that to me is just a way that washington works that has nothing to do with the way real people work. when you have something like this or sequestration, people go, wait, they don't work like we do. that's a problem. martha: we've been told with sequestration, alan, it would be devastating. that it was going to be so horrible and mean republicans had forced it to happen. now we're being told basically the same thing with this. a lot of people are saying, you know, gee, it doesn't feel that different. and that is not the people who are furloughed i should point out. >> a the mare of feeling is one thing. for example in a "wall street journal" story this morning they quote somebody from

citizens against government waste i which of course has long term agenda cutting people in government and person says, well it is just my intuitive feeling there are too many people. if you actually, you need some data to support that. simply to say 800,000 that is a lot of people. that is the size of the third largest city. maybe drilling down and see what the people do we could come up with a better idea who could be cut if at all but let's get some data on that. martha: do you see there are things that could be trimmed. >> i said at very beginning that is not my -- martha: that they can't cut one dime here, there, everywhere. >> often the conversation becomes, well you just want to hurt women and children if you want to cut one dime. we're not having that discussion with data, being demagogued often by democrats. >> demagogued by the right. too many people. let's get rid of some of them. are that is demagoguery as well. >> alan would like it new york city size. i want it charlotte, size.

martha: lovely city. we'll see you next time. bill: if you have health care through your employer you do not need obamacare, at least for now. will that last with your company? terrific panel lined up to take on that. martha: boy, that's a big question. stick around for that. plus more veterans are now headed for the memorials to our armed forces on the national mall today. so what will happen when they get there? a world war ii veteran group came yesterday and they managed to get past the barricades. so what happens today? texas congressman louie gohmert explains why he believes that is such a big question that we need to answer. he will talk to us coming up next. >> we love the united states of america and the people. and we just honestly wish that at the could get things settled here, make it a little bit better place to live. so ally bank really has no hidden fees on savings accounts? no hidden fees.

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martha: heading to western north carolina, it is beautiful country but you may want to gas up if you do. for close to a week the folks in the tarheel state are experienceing a problem at the gas station, a lack of gasoline to fill their tanks. >> we were out three or pour hours. we couldn't get a shipment million late as we closed. >> i got a full ainge yesterday. >> why is that? >> because i afraid it would go out. >> we would like to hear something, hey, what is going on? why is there a shortage. why can't which get gas? martha: good question. gas stations are blaming it on increase in demand a switch from summer to winter blends. eric bolling talks about those all the time. problematic. bill: they beat the nazis. they beat the japanese. do you think a government shutdown will stop a group of world war ii veterans? not a chance. they found a way around the barricades at the memorial yesterday. they rolled right in.

that was 24 hours ago. my next guest is getting credit for making that happen. republican louie gohmert from texas is with us. >> good morning, bill, good to talk to you. bill: michele bachmann was on with us last hour. she gave you credit for removing the barricades. what happened yesterday? >> we had a group of 85 to 98-year-old veterans that were from world war ii. they were going to be out at the world war ii memorial and, bill, it is a granite sidewalk. it's a sidewalk. they spent extra money to go find barriers to put up in front of these world war ii vets. bill: who was they? >> so when steve put the call-well the parks service. i'm wondering what will they do next? hank a drapery over mt. rushmore? this is ridiculous. when steve said he had veterans that couldn't get in. a bunch of us showed up and we were out there and well, maybe i was standing at the front and we all looked down and magically

the tape was parted and the barriers opened and here came the bagpipe and the, the veterans in wheelchairs. and i'm telling you, bill, when you're, i helped one gentleman up out of his wheelchair. he wanted to stand before a memorial and starts naming the islands engraved in the granite and he starts saying i was there. that was seven miles wide. and he starts tearing up and, naming the guys that were there with him. this administration thinks this is a political game? let's close it up and make these guys suffer? this is outrageous. it's a sidewalk. leave it open so they can enjoy it. we'll be back there today. bill: let me clear this up here. steve pell lose sew a representative from mississippi. he is called the white house and said we can't do anything about this talked to the department of interior. talked to the parks department. it seemed to go and round. but as you stated this is a open memorial. >> it is an open memorial.

it's a sidewalk around this round memorial. they had park service officers out there to make sure there was no damage done. they were considered essential. there is no reason not to allow these veterans to go through just like the vietnam memorial wall. bill: people can't disagree with you on that. now about 15 members, rather 15 minutes there were more members, more veterans from kansas now. >> that's right. bill: this group yesterday was from mississippi. they're expected at the memorial. what will happen then? >> i don't know. we have been checking with the parks service. thank god there are veterans in the parks service. not everybody knows the laws in the parks service. we got some work to do there. but for those of us who voted to create memorials and have oversight over those memorials, we're authorized to go in and inspect them, even when it is a surprise inspection. and so we intend to be there to inspect and to get the people who could do the very best

inspection in the world, and that is, the world war ii veterans that know all of these indescriptions, know the places, and represent the states that are engraved there. bill: people their entire life looking to go to that memorial. >> we'll be there with them. bill: you will be there with them? >> heading there now. bill: we'll see what happens then. louie gomez another, maw -- louie gohmert, republican out of texas. good luck, sir. >> thank you. martha: the president said if you have health care, if you like your doctor, you can keep that plan. now an increasing number of people are asking, for how long can you keep it the way it is? will obamacare mean a change in your coverage eventually at work? maybe not now but in the near future? there's a good reason to ask that question. we're going to debate that coming up. bill: also when will they learn, huh? the cam ares are rolling when police start chasing and the driver of a stolen car goes into another car, boom. how this chase ended next.

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with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. bill: so if you have health care already, you don't need obamacare. remember when the president said this? >> if you like your health care plan, you will be able to keep your health care plan. if you like your doctor, you will be able to keep your doctor. period. [applause] bill: already in the past

several months, more than 300 american companies say that it will discontinue the health plan for their employers. so what happens in the future? will the employers of big business in america continue to pony up for coverage? we are going to debate this now with leslie marshall and david webb, host of the david webb show on sirius xm radio. and also a managing partner of chap and the premise is this. whether it is two years or five years. when companies have to be concerned about their bottom line, and they are paying all this money for their employers and they have to keep the shareholders satisfied. do they reach a point where they say that the health care, the stocks, you're on your own, now you go to the exchange it. when is that they arrived if you believe that? >> it has already arrived for many employers.

companies make decisions based on financial concerns and it is not just obamacare. it is a bad recovery and almost nonexistent recovery, a bad economy, taxation, local and state taxes. they look at the big picture and say where do i go. bill: see believe the companies will let their employees go at some point? >> they have to do. bill: deeply that is the future when it comes health care? >> companies have been doing this for years. i agree with the first part of his sentence. for example, i am the owner of a company and i have blue cross for my employees and i switched up the plans a couple of times is the demographic of my employee population changes and certainly regarding the bottom line. how many times do we remember years ago when corporations chose hmo over the ptos and other private insurances. because they were cheaper. this does not change that.

bill: okay, leslie, do you believe that the answer is yes then? that americans will be part of this? >> that has been happening since adam and eve. >> choice is the key word. you have choice before it and obamacare requires participation. therefore its effects are not just on the targeted groups. that is the pixie dust principle that this is how it's going to work. companies are making choices because they have no choice due to the effects of obamacare and americans are being forced to accept this. >> let her respond that. >> no, not at all. if you look at a country like home depot where they are moving to part-time employees. not off of their insurance and throwing them out in the cold, but they are moving them to obamacare. however, you have to remember

that the average cost, even in a state like florida, if they tried out the money for those for who are putting us into obamacare to those insurance companies, still the average is $340 per person per month. bill: okay, time to bring in the arbiter on us. the businessman. what is the future for what people can expect now? >> first of all, there is very little argument that this is expensive small businesses and businesses have pointed out are judged on profitability. there is something that happened years ago is very similar to what is going to happen. we are going to see employers drop health care across the board, just like they dropped a benefit plan. 95% defined benefit plan and they became too expensive for companies and they dropped them with the 401k plans.

but the bottom line is that david is absolutely spot on. we will see it employers drop in across the board sumac hang on. bill: is it two years or five years, is a tenures? when does it happen? >> no depends on how quickly health care costs go up. they are going up quickly because of this health care. everyone is trying to play this together in a more expensive health care jets, the quicker companies are going to drop it. so it's a matter of how fast costs go up two or three or four years. we will see the majority of big companies drop health care. bill: with these exchanges, that will be pretty good. thank you all to you. a touristic panel. thank you to you all. speak to a 911 call took an

unexpected twist when a man called to say that his girlfriend in his car had been caught in a fire in a crash, and then the dispatcher, as he was asking for the help started to laugh. tell us what happened here? >> it happened in arizona, the innocent thing is that it doesn't seem like the dispatcher is actually laughing at the caller but it seems like there's something going on in the background. at the same time it's a very serious phone call when she chuckles. take a listen. >> what is your emergency? >> microphone is on fire she was on fire. >> is your girlfriend so on fire? >> no. [laughter] >> it's hilarious, honda? >> i just heard you laugh it's not funny at all. >> it was not regarding that,

okay. >> i just heard you laugh. >> you might imagine imagine that his girlfriend is recovering, she was on fire and had burns as well. he called back to 911 to ensure that they took them seriously. take a listen to this sumac 911, what is your emergency? >> hello? >> yes, i called and a couple of minutes gone one to make sure the took me seriously. >> he talked to a local media in arizona. a serious accident his girlfriend is going to recover, but she has a long recovery i am told. martha: what was the reaction from authorities? >> they have taken it seriously and said it is not acceptable whatsoever. the dispatcher has not yet been fired because investigation is ongoing. the authorities are not taking the fight at all. take a listen. >> we did not perform at the

level that i expect or the citizens should expect. >> we are investigating what this is about. reporter: make it about 400,000 calls a year and this is really just one. bill: by the way, it is leslie marshal's birthday. happy birthday, enjoy the day. new concerns about parents who refuse to vaccinate their kids might be directly contributing to disease outbreaks. the findings of a study following a whooping cough outbreak in what you need to know to keep your kids safe. martha: and one couple planning to tie the knot this weekend, the government shutdown make it in the way of their wedding and there is no one at the venue where the writing was going to be held. >> is tough for them to see how they affect everyone on a

personal level

bill: we have breaking news, tom clancy is dead at the age of 66. he wrote countless spy novels, including clear and present danger, hunt for red october, many became hits in the theater. reporting the death of him moments ago, he redefined what it meant to be and what it meant to write a spy novel. out of baltimore, maryland, even though for so many years she was

an icon. he passed away at the age of 66u about this this morning. an alarming study could be a wake-up call for parents. some of the top scientists linking parents not vaccinating their children to outbreaks in california of disease. check out the numbers of the cdc. reported cases of whooping cough, jumping from 18,000 up to 48,000 in just a year from 2001 through 2012. that is a tripling of the cases of those disease. our guest joins me now. everyone used to vaccinate their kids for everything, then with the increase of cases of bots is him, there were some concerns that there might be a wink and you have a lot of parents opting out of that. you can opt out on school for

now he wants you. what do you make of this? >> the fear of the disease should outweigh fear of anything else. before we have a whooping cough vaccine, it was developed in the 1940s and there were 150 times more cases of it and after we got the vaccine. the resurgence is because of what you said. parents are afraid. they are afraid what am i putting in a child's body. the fear of vaccines has interfered with compliance. the study out of california when there were 9000 cases found that you are three more times likely to get whooping cough in that area if you haven't been vaccinated that is in keeping with what we already know and we need to talk about a concept called herd immunity. it is vaccinating everyone around you. it creates a ring of immunity. if it doesn't enter the house, your kid won't get it, your

important data. i want to get it because that will help protect your kids. martha: so the issue is that it's starting to affect, as you say, an infant who hasn't had his shot yet. >> you can get a deep cough, fever, malaise, runny nose, not feeling like yourself. it can be mixed up with a lot of other respiratory infections and that is why it spreads. we can show you with antibiotics, but most of the time he misses diagnosis. we do not want is spreading. it can make people sick. 40 million cases, 300,000 people die every year at this. in many areas, they don't have the vaccine.

speech. martha: what a parent because i can't do this and i'm too afraid that there is a wink to autism? >> i have this conversation everyday and what i say is let's go vaccine by vaccine. i will tell you why they are in central or why they are not. this one is essential, this is a resurgent problem. that seems like the greatest invention in the history of science committee have stamped out great diseases. martha: when you think about the efforts made in children all over the world. >> measles, polio, smallpox are huge. bill: jon scott is standing by. happening now starts in 11 short minutes. what are you cooking up? jon: day two of the shutdown of government services and the obamacare exchanges on capitol hill. not a lot of progress here to report. but what about the obamacare rollout? live reports and analysis and what does it mean for your pocketbook, plus an important hearing on the nsa and how much security agencies might be spying on you coming up next on

"happening now"

martha: a dramatic car chase was caught on videotape. a car that was stolen, speeding down the road. there you have someone that ended up being caught after they went through the intersection. as you can see, police were able to make a surrounding of the perpetrator and make the arrest. the crash victim was taken to a hospital. bill: all health care providers are required to make the switch from paper to electronic records by the year 2015. did you know that? critics are raising new concerns

about your privacy. how will this go? good morning. >> some experts are concerned. the government mandates are driving the technology faster than security and privacy measures can keep pace. reporter: the affordable care act requires medical providers to switch to electronic health records by 2015. the move is intended to reduce costs and improve patient care. >> we have a tremendous amount of information about her patients. the problem is that that information is not easily acceptable to everyone on the patient care team. including the most important part of the team, the patient themselves. >> not that we are doing this, but that we are doing it without the right safeguard. reporter: an attorney with the electronic frontier foundation is concerned about digital

participation. >> you have no idea where it went. reporter: cybersecurity experts say that consolidating this into a central database as patient data, creates a big target domestically and abroad. if there is a security breach, detailed information of your personal medical history cannot be changed and reissued like a stolen credit card number. >> affected the other end is compromised, it is an increased risk over what we look at today as far as identity theft is concerned. >> the fear is that identity thieves can use this unchanging personal information to apply for credit in a patient's name over and over again. bill: that will make people confident in the system. we know that. >> government shutdown, day two. no and appears in sight. meanwhile, we are awaiting the fate of his three separate

spending bills, house republicans are trying to reopen different parts of the government, including the monuments and more on that straight ahead. ♪ all right, let's go ♪ shimmy, shimmy chocolate ♪ shimmy, shimmy chocolate ♪ we, we chocolate cross over ♪ yeah, we chocolate cross over ♪ [ male announcer ] fiber one 80 calorie chocolate cereal. ♪ chocolate

martha: this is becoming a moment in the shutdown story. because you have more veterans who are arriving at the world war ii memorial, and they want to get in to see the memorial. yesterday louie gohmert and michele bachmann of congress were able to move the barricades and help them through. now you have that happening again today. we believe this group is from kansas city, i believe. correct me if i'm wrong. they also want to get in. so it is an open venue, an outdoor event, and a lot of people are raising questions. bill: we talked to louie gohmert yesterday as well and the red sea parted and there was a lot of details after that. when you are there at that memorial, you can see.

martha: it's a spectacular moving place to be. we will see you at 1:00 o'clock. and i will see you tonight on bill o'reilly. "happening now" starts right now. have a good day. jon: a fox news alert. parts of the government are close down for a second day, house republicans are considering many spending bills to fund the government little by little. democrats say that they want all or nothing. we are waiting on senate democrats to hold a news conference moments from now and we are all over this developing story all day today. but first, brand-new stories that you will see here first. jenna: the nsa and the fire over the new program that logs or protocols. the director of national intelligence is answering questions on capitol hill about what the government really knows about this. plus, a case