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 on a train, the

shocking video that shows you the moment the two nearly collide. and marilyn mccann piling back at detectives. what he said that has her family so angry. it is all happening now. ♪ ♪ ♪ jenna: back toward top story of the day. we will give you one guess. it's the government shutdown in the blame game that is taking place over this partial shutdown. congress has deadlocked, post on trento sides digging in. it's great to have you with you, i am generally. jon: and i am jon scott. we are waiting to hear from senate democrats any minute now is house republicans considered three temporary spending bills would keep certain parts of the government open. we have team coverage this hour from washington with dan macaulay and peter doocy. reporter: that is right, the

bills have been expanded and i will show you what they are really quickly. one would fund national parks to keep them open and the other would fund the federal government contribution to the washington dc government and then they would fund the national guard reserves and the national institutes of health. keep in mind that the bills were all rejected by democrats yesterday. >> today we will give the democrats another chance. house republicans are here. we are ready to negotiate. mr. speaker, i would suggest that the president should cancel his trip to asia and come negotiate with us. reporter: we know that the president has canceled a trip to asia. for democrats, these bills are all non-starters, they will settle for nothing less than a clean cr that funds the government, senate democrats and

house democrats taking their cue from the president of the united states, who spoke out against republicans with extremely harsh language yesterday from the rose garden. >> they have shut down the government over an ideological crusade to deny affordable health insurance to millions of americans. in other words, they demand ransom just for doing their job. >> today's vote on these five partial spending bills are fought with risk not only because of democratic opposition, but because a lot of moderate republicans are getting cold feet. and if we do have moderate defections and you couple that with what we expect is unanimous democratic optimism, these five spending bills could fail and it would be the first major crack in what has been a pretty strong bulwark for a house gop so far. it will be very interesting into the afternoon and evening to see how these five many spending bills shape up. jon: we will continue to watch those results.

jenna: in the under criticism over the budget showdown, white house defending obamacare after some critics yesterday described it as a train wreck. peter ducey is live watching the events unfold. where are we witnessed today? >> been administration won't tell us how many people actun tp exchange yesterday, all they will say is that people have in fact signed up. and that 2.8 million people went to the website, health care.gov, 36 states and 81,000 people call the national hotline asking for help. the numbers that are available from individual states reflect only a fraction of visitors to stay websites that apply for new health care plans, in kentucky, 57,000 people visited the website and only 2000 implied online. in connecticut, 28,000 accessed the site, only 167 applied

there. and 65,000 people clicked on and get covered illinois and 1100 applied online. as experts say, the first day of opening moment just was not user friendly. >> i had a couple of agents and brokers say that if you like dealing with the dmv, you love dealing with obamacare. technologically is our significance and it's very difficult for consumers and agents and navigators and all of those using the system to actually use it. >> the white house says that most albums were because of unexpected traffic. they say that's a good thing because it means that a lot of people are interested in obamacare. >> some people are trying to get to the home turf. it's hard to load the page because a lot of people like you want to find out if tickets are

available. great news about this is that it's not one game or one night. the seats are unlimited. reporter: some officials that helped yesterday said it represents three years of policy and operation and they think that they are off to a good start. jenna: peter ducey, thank you. jon: our next guests suggest that republicans will survive the shutdown. republican senator lindsey graham of south carolina. and part of the appropriations committee. senator, you have seen this movie before. you were a freshman congressman back in 1995. so what do you think about republican prospects of coming out of this without being blamed for it by voters? >> six months from now we will not be talking about the government shutdown of october 2013. we will be talking about how obamacare is killing jobs and people are confused and can't

find the ability to sign up and how that obamacare is for the economy. the democrats up for election 2014 are going to have a big burden to carry in that election is called obamacare and. >> you have been quoted as saying that you don't believe the actions have taken place in the republican-controlled house and has been the best tactic? >> i think the tactic of trying to defend obamacare by shutting down the government never made a lot of sense to me. i think what the hell should continue to do is attack obamacare on all fronts. but the government shutdown needs to get behind it. but there is the idea of not negotiating by the senate democrat committee. so there is some compromise on obamacare. thirty-four democratic senators voted to repeal the medical device tax. part of funning obamacare that is killing jobs in the medical device industry and there is common ground about obamacare itself will allow us to reopen

the government and change obamacare for the better. democratic colleagues are taking an irresponsible approach to say we won't negotiate. the house has become much more compromising in nature. or something and no one has talked about. the government shutdown of 1995 and 1996 before 9/11. i was at a hearing about 15 minutes ago with director clapper and director alexander and they said 70% of our intelligence community has been furloughed. not that they are not essential. but under the law to be able to deal with direct threats. they said that our national security is very much compromised by the government shutdown in had they told that, where is our commander-in-chief and where didn't he get to

telling them our nation is at risk because of the government shutdown. and it will help to terrorists and why isn't the commander in chief leading to get a result here? >> be set at the beginning of this interview that you believe that over the long term, the implementation of obamacare is going to be a bigger burden for democrats to carry than the shutdown will be for republicans and at the same time, the message of obamacare seems to be eclipsed by the top of the government shutdown. >> you are very smart. if we could get the government shutdown behind us, then there would be an ability to get the government shutdown behind us. by negotiating us. but maybe i didn't make myself clear. the director of our national

intelligence and the head of the national security administration told me 15 minutes ago that our national security is greatly compromised. my question is where is our commander-in-chief. what does he believe in what is he doing about it? why is he trying to solve this problem? former press secretary to the united states gave it to the president is follows. sabato martus and that is the dumbest device in the world if you believe that government shutdown is compromising our national security. where is our commander-in-chief when we need him? >> he said he is not willing to negotiate. >> well, mr. president, call your own director of national intelligence, general alexander come and see if they will tell you what they told me. and they just told me 15 or 20 minutes ago that the government shutdown is compromising our

ability to gather intelligence and defend the nation from an attack. if that is true, the most irresponsible thing the president can do is say that i'm not going to talk anyone to solve this problem. jon: it is wanting to close the smithsonian and it is another thing if this is at risk. thank you. jenna: another effect of the partial shutdown. security front at one major airport. we will have an update on the bomb scare, where was, and also a railroad crossing. an individual doesn't hear the train barreling down the tracks and we'll show you just how close he came to a collision coming up next. when we made our commitment to the gulf, bp had two big goals:

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jon: stories we are watching from around the world. british police are searching for a lucky cyclists racing past the crossing barriers and getting hit by a train. investigators say that the conductor pulled the emergency brake and that may have saved the cyclists alike. also rescuers are searching the south china sea, hoping to found nearly 60 fishermen missing after you type a hit over the weekend. thirty others have been rescued. right now the fat father of madeleine mccann is in portugal as a family sues a former detective that wrote a book about the early disappearance. gerry mccann said that he is disappointed that he was not called to testify at today's hearing. portuguese police cleared his parents in 2008. jenna: this just in, jacksonville international airport is now open after a few

frightening hours of evacuation after florida please found suspicious packages in one terminal, as well as in the parking garage. the bomb squad team and come and destroy them, and two suspects were arrested and now we are learning that those of suspicious packages were not bombs at all. steve harrigan is live in miami. what we know about the suspect? >> getting more information about the chief suspect, this individual is a u.s. citizen who lives in jacksonville, working for a trucking company. you can imagine the alarm when he interjects and tells intel's tsa representatives that i have a bomb inside this knapsack. he had this in his knapsack along with two batteries and a cell cell phone. carrying a remote control device which was a detonator. no surprise that the airport was immediately evacuated and passengers on the tarmac were taken on the plane, put on buses to nearby hotels.

jenna: are things back to normal for the most part? >> there is some delay and cancellation and it all started about 6:00 p.m. last night. that is when the airport was pretty much shut down, creating havoc for anyone trying to travel. or even pick up passengers from the airport. >> all the guards started coming down, sync it back, get back. at that moment everyone is like, okay, what is going on? so they moved us back and then they moved us back again, it seemed like they kept pushing us back and back, there but there was a wall at the other end and we could only move back so many times. >> the fbi right now is assisting local law enforcement with the investigation. >> one that space as we get it. jon: the nuclear standoff with iran is heating up. israel's prime minister saying that his nation will never allow the iranian regime to develop a nuclear bomb. the reaction today and we have

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jenna: new reaction about iran's nuclear warning. benjamin netanyahu addressing the u.n. general assembly yesterday during a program, pressing for stronger sanctions in iran, even as it pursues nuclear talks. >> you will never acquiesce to nuclear arms in the hands of a rogue regime that repeatedly promises to wipe us off the map. against such a threat, israel will have no choice but to defend itself.

and i want there to be no confusion on these points. israel will not allow iran to get nuclear weapons. if israel is forced to stand alone, israel will stand alone. jenna: joining us is the executive director of the foundation for democracy who spoke with high-ranking officials in our government about this issue. >> thank you. israel will act alone, they have acted alone in their h out to tn and nuclear reaction and this includes nuclear weapons programs, they have acted alone in 1967 when it was surrounded by arab countries and nobody should misjudge the prime minister's commitment to stop iran from building a nuclear weapon speed to the question is if they choose to go at it alone, but that would somehow

make us go along with them. that is of great concern and also to the american people that is not a choice. how light likely do you think that scenario is that the united states would be dragged behind him? >> i think they're as there is a close correlation between the u.s. and israeli administration, close coronation of intelligence on military matters, and i think that the president and prime minister are committed to stopping nuclear weapons they want to try to cripple sanctions and resolve things peacefully. but a candidate it is a serious threat to both the americans and israeli national security at the wrong moves weapons capability. jenna: "the wall street journal" took on what benjamin at nokia was going to say yesterday. his production for the u.n. speech was that benjamin netanyahu would have a predictable routine.

that israel will act on its own. he said that the best thing for israel to do is to disengage more with washington because israel's credibility is lower because of washington's behavior towards iran. what do you think about that? >> it's been a very strong u.s. and israel relationship that needs to continue. strength in terms of the coordination, fundamentally, the israeli prime minister reserved his or her rights to distend their country. to defend it. i think that they will move unilaterally if they have to in close cooperation with the united states. it is necessary to stop iran from developing nuclear weapons capabilities. but once again, we are not there yet. it's time for diplomacy and these crippling sanctions and really freezing the foreign exchanges to the economic crisis jenna: at the new president of iran is speaking today and we have heard here at home that the united states has said actions speak louder than words.

ron is saying the same thing, actions speak louder than words with the united states. if we are going to deal with this, we need to see the sanctions that we lack because the actions will save these things. what do you think about that? >> there has been proposals since april of this year and sanctions released in exchange for nuclear consumption. it is up to the president, hasan rouhani to respond and come forward and come clean and decades of iranian nuclear deception and i don't think there will be a sanction relief anytime soon. in fact, i think it will be escalating sanctions coming from the congress and the president, hasan rouhani, doesn't think that the congress is committed to collapsing these governments. house republicans have been willing to shut down our government be queued up an interesting point. we will see what they plan on doing here. one of the legislations is stuck in the senate. one of the bills for tougher

sanctions. on that note we talked about the sanctions for years. how much more is there to go when it comes to sanctions, and why hasn't it been done already? why do we feel that we can be tougher? >> the reason it is three to six months is that he realizes that iran is running out of foreign exchanges. but they still have billions of dollars sitting in banks. the u.s. senate is working on a new bill and i predict it will be coming out of this senate banking committee. it can fundamentally do one thing, that is to freeze the overall access and that would be crippling to the economy and if that is a break, i'm afraid there will be no measures that could. prime minister benjamin netanyahu could. prime minister benjamin netanyahu may say the difficult decisions be too great to see was always. >> thank you. jon: national security agency facing backlash after americans learns that the government was collecting our phone records and now the director of national intelligence is answering

questions on the hill about what the nsa knows about you. also, the government shutdown and the blame game on capitol hill is not over. can we all just get along? we will continue the discussion ahead on "happening now."

>> a fox news alert. breaking now, we have just

learned that president obama has invited four of the key congressional leaders to the white house for a meeting regarding the shutdown as well as the debt limit today. speaker -- house speaker john boehner, minority leader nancy pelosi, mitch mc connell, the minority leader in the u.s. senate and the majority leader harry reid meeting with the president at 5:30 this afternoon at the white house. the president has already said he's not going to negotiate his position over this shutdown so i'm not sure what that leaves anybody to do. jenna: it was interesting. i'm looking at the president's schedule. he's meeting with top bankers right now and later today he'll be meeting with the treasury secretary. remember we had that debt ceiling debate as well so it will be interesting to see by 5:30 what conversations are had and maybe the changes considered. jon: maybe the meetings will change something. jenna: we also have breaking news from capitol hill that

might have influence in this conversation later today. here's part of it. n.s.a. might be gathering less intelligence on you. james clapper testifying on the senate judiciary hearing today. the chairman of that committee argues the controversial collection of our phone logs violates our fourth amendment right to privacy but clapper disagrees. >> intelligence community exists to collect the vital intelligence that helps protect our nation from foreign threats. what we do not do is spy unlawfully on americans or for that matter, spy indiscriminately on the citizens of any country. jenna: james clapper also commented on the national security right now with the partial shutdown. we'll talk about that in a moment. first start with this. >> thank you. good morning. one of the chair mane's main objective $ that the obama administration along with the n.s.a. continues to give misleading vfgs to burnish the effectiveness of the data

collection program. >> would you agree that the 54 cases keep getting cited by the administration were not all plots and only 13 had some nexus to the u.s.? would you agree with that? yes or no? >> yes. >> on a recent report published by the "new york times" allege the n.s.a. is using profiles of u.s. citizens. the head of the n.s.a. saying that the story is wrong and that the profiles are not being built on americans on u.s. soil but rather, on individuals overseas. >> what we aren't doing, we're not creating social networks on our families. we aren't doing that. and the insin situation we're doing that is flat wrong. >> what he does admit is some data collection used to build profiles is not subject to the review of the national security court, rather, it's reviewed by the administration and internally at the n.s.a. critics say this amounts to the

n.s.a. simply policing itself jenna: interesting. in the meantime, what are they saying about the government shutdown, katherine? >> significantly within the last half hour, the nation's intelligence chief james clapper in a response to a question from the senator said he cannot guarantee america is safe under the current shutdown. clapper saying that the damage is cumulative. >> the danger here, of course, that this will accumulate over time. the damage will be insidious. each day that goes by, the jeopardy increases. this is a dream land for foreign intelligence service to recruit. >> and in response to a question from the ranking republican on the committee, senator chuck grassley, clapper confirming that the intelligence community will likely begin calling back some employees very soon. jenna: the big headline and interesting part of this conversation we haven't heard.

thank you. >> you're welcome. jon: so while a senate committee dukes it out over the n.s.a., the washington blame game is on, on capitol hill. neither side willing to cave on the budget showdown so who is really to blame? can they come together for the good of the nation? fox news political analyst joins us and the executive editor of the washington examiner. juan, you say that democrats ought to be offering a toast to republican senator ted cruz. you think he's hurt republicans in all of this. >> i don't think there's any question. right now republicans are bearing the brunt of the blame. what i was looking forward to 2014 and the midterm elections and again, i think that's where there's real concern even among the most conservative republicans about the potential damage this does to their chances to retake the senate. jon: i want to run down a list of what the house sent over to

the senate, mark, before i get to you to answer that question. on the 29th, the house sent to the senate a proposal to fund the government and repeal the medical device tax as well as delay most elements of the affordable care act, obamacare, until january 1 of 2015. that died in the senate on basically a party line vote, 54-46. and the house then sent an amendment to the senate that would fund the government and delay the individual mandate in obamacare that would require the president and the vice president and political appointees to buy insurance through the state exchanges, limit the federal subsidies for the same and that also died in the senate 54-46. then the house sent to the senate bills that would fund the government as well as delay the individual mandate a year, prevent the federal subsidies of the affordable care act for members of congress and their staff and require that the house and senate get together in a conference committee. that also died in the senate.

what is so unreasonable about any of the proposals? >> what you just did is provided the context that is so often missing in these discussions about the shutdown. the basic context here is we have on the one side a president and a senate majority leader, harry reid, who absolutely refuse to negotiate, to talk about or even to possibly entertain maybe talking about any kind of changes in obamacare. on the other hand, we have the republicans in the house making the series of offers that you just described that basically are okay, let's talk about this or let's talk about this or let's talk about that. that, to me, is the reasonable approach to an issue. and that all happens in the context of the fact that about 2/3 of the american people have pretty effectively demonstrated in recent weeks that they want

obamacare either defunded or delayed in some manner or changed in some manner. we have about a third of the americans who want it to go on as it is. that's the approach context. jon: if the president himself was able to delay the employer mandate in obamacare by an executive order, what's wrong with delaying the original mandate that house republicans wanted to do? >> we have a law. this law has been passed by the house, by the senate, the supreme court has affirmed it. mark talks about, well, this is reasonable. what we have is people who are threatening -- not threatening, they have shut down the government because they disagree with the law that has already been passed and already functioning and as we saw yesterday, up and running. jon: but you're missing my point. the president himself, yes, we have a law and it was argued that the president violated the constitution in issuing his own executive order because he doesn't like or maybe wasn't

ready for the employer mandate portion of that law. if the president can do that, why -- you know, what's so unreasonable about the house sending to the senate a bill to delay the individual mandate? >> it's attached to shutting down the government. so i mean, that's the unreasonable part. in other words, people can have all sorts of disagreements and say this part is not working so well. how about getting the computers to work flawlessly? that's all fun. once you attach shutting down the government, that's when it looks like it's a bully tactic and not about reasonable discussion. it's my way or the highway. jon: you're in washington and maybe you know more about these things than i do but i think what the house was saying was, we will fund the government. we just want to delay the individual mandate for a year. >> yeah. right. and these are people who tried to defund it, people who tried to destroy it and then you say, oh, but trust this. look. this is not up for discussion. that's what the president has

said. it's a law that's passed. jon: go ahead, mark. >> what the president has said is the government will shut down if the republicans insist on doing what most americans want congress to do which is to change or defund a program that they simply do not want. what we have here is the classic illustration of washington politicians having a choice. are they going to listen to the majority of the american people? are they going to do what is most convenient for them and that is, to increase government, make it bigger, increase the regulation that we all have to face? it's really a very simple situation. jon: we are about six hours away from that meeting of the minds at the white house. the president meeting with congressional leaders from the house and senate. we'l changes then. mark and juan, thank you. jenna: over the last 24 hours or so, we've been showing you some

of the effects of this partial government shutdown. one of them is that the national monuments and parks are closed so up next we'll speak on to a park ranger out of yosemite, how he's getting the folks out of the park. that's part of the job he has to do now. tom hanks is playing him on the big screen but the real life captain phillips might be in some legal trouble. we'll tell you why his crew is turning against him next.

jon: new next hour, one provision of obamacare makes it mandatory for your doctor to create electronic records of your medical record. that's causing security concerns. whether hackers and identity thieves could get their hands on your medical history. a school bus crash caught on tape. why the driver you see here could face some serious trouble. plus a man dials 911 to report his girlfriend was burned in a car fire but as he explains the terrifying situation, the dispatcher starts laughing. we'll have that recording for you. jenna: he's called the hero captain of the ship captured by the pirates. but now captain phillips is facing more real-life drama and his crew is suing for $50 million. julie has more. >> that's right. in fact, on the big screen, the

new tom hanks movie depicts captain phillips as a hero who saved his men when pirates attacked but lawsuits totaling $50 million paints a much different picture off screen. the real richard phillips was welcomed at a sneak peek of the film last night. in his home state of vermont. before the screening, he thanked the military and said he never felt empathy for the somali pirates who hijacked the ship four years ago. he explained how he wasn't going down without a fight. >> i just came to the conclusion i didn't think it was going to turn out the best. i had to get my crew and my ship and cargo out of that situation. i just had to do the best i could and i wasn't going to give up. >> tom hanks portrayed that one well in the film which hits theaters nationwide on october 11. it's based on the captain's book that told the tale of spending five days as a hostage on a life boat after the ship was hijacked. he was beaten, tied up and

threatened before being rescued by u.s. navy seals who shot three pirates but the lawsuits allege it was captain phillips who steered his ship into harm's way against the will of his crew before he sailed into the waters notorious for pirate attacks. suits are not against captain phillips personally. they're actually against the ship's owners and the crew's employers. the crews' attorney says they begged captain phillips not to go so close to the somali coast. just two days before the ship was taken, two other vessels, as you probably remember, had come under pirate attack in the gulf that prompted seven maritime warnings which according to the lawsuit, captain phillips ignored. jenna: interesting twist to an already interesting story. >> two very different sides of the story for sure. jon: i'm looking forward to the movie, however. some of the most beautiful spots in our country are now closing their gates. coming up, we'll speak with a park ranger about how the government shutdown is impacting america's national parks and

monuments. plus the centers for disease control also reeling from the government shutdown. coming up, how it could impact your ability to get a flu shot. jenna: you got a flu shot yesterday. jon: as did you. we have the evidence.

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jenna: with the federal government shut down underway, padlocks are going up on some of mesh's most scenic places, including the martin luther king memorial in washington, d.c., pearl harbor in hawaii and yellowstone national park, one of the most popular sites in the united states that gets an average of four million visitors a year. that was just a few from coast to coast. parks are shutting doors and asking visitors to make

arrangements to leave. one of the areas where that's happening is yosemite national park and joining us on the phone is the park ranger with more on what's going on. and i've spent quite a bit of time in yosemite being from san francisco and it's a beautiful place. what's the impact right now on the park? >> well, basically with the government shutdown yesterday, we're closed to park visitors so we're in the process of shutting down operations. we furloughed 660 employees yesterday out of a little over 800 employees. we're getting the campgrounds closed, getting people off the trails, coning off parking areas and basically, you know, locking up the park as you said. jenna: if someone is at a camp site, are rangers going by and knocking on the tent and saying you've got to leave the park? >> well, what happened was, it's still a very busy time. the fall is a beautiful time here in yosemite so people with campground reservations, for example, were told that they

could stay last night and through tonight but they have to be out by tomorrow. we're not allowing any new visitors and anyone with a campground reservation, for example, for tonight is being told they're sorry, we will issue them a refund so basically, no visitors are coming into the park and then the ones that are here, we've started asking them tomorrow -- excuse me, yesterday, we said, hey, look, we're making other arrangements. please plan on leaving. jenna: we're hearing about some of these smaller, temporary bills that might pass through congress, the house tried one last night to get the national parks funding and to get them open. if suddenly something was worked out from the national parks, would that just be as easy as snapping fingers and the parks would be back open? what would be the process? >> well, you know, it would take a little time. for us we have roads. people that know yosemite and a lot of national parks, we're generally open 365 days a year so we have the entrance stations

closed so farz visitors go, it would be very easy. just simply swing the gates and get the rangers back at the entrance stations and welcoming people to yosemite. that would be very easy. with the furlough notices, it would be bringing employees back on. we've got employees that live here in yosemite valley where i am in the gateway communities so it's very easy. there's a lot of people who are around and so we could get operations going pretty quickly. jenna: that's good news. hopefully they figure it out when it comes to the national parks and everything for that matter. great to have you with us. we look forward to checking back in with you and seeing how things are going. thank you so much. >> thank you. jon: old faithful is still operating. also impacted by the government shutdown, the centers for disease control and prevention which will halt its flu program just as flu season gets underway. every fall the c.d.c. monitors the spread of flu and figures out how to direct vaccine programs around the country but now the agency is putting that

on hold. the c.d.c. projects approximately 140 million doses of flu vaccine will be produced for the 2013-14 season. they say last year just 42% of adults and 52% of children under the age of 17 received a flu shot. c.d.c. recommends everyone get vaccinated by this month and that's what we had jenna did. take a look. jenna: i don't like getting shots ever for the flu. i like marjorie. she's making me feel confident. she's like just relax. jon: she's got a very gentle manner and you didn't cry.

>> you're a hero. jenna: thank you, marjorie. that is so cute. it's like my favorite color. were you a little nervous, jon? jon: i don't want to cry. >> she looks like a very nice lady. jon: look at that smile. jenna: rebecca, how many of these are doing a day? >> 50. jenna: januaice dean is hecklin in the background. >> be a big man. jenna: how does it feel? do you feel healthier? jon: i always like it when i get the flu shot. jenna: janice dean is giving you a hard time. jon: you had a little reaction. jenna: i got a little sick last

night. it's a common side effect but he did say that i'm healthier than jon scott. just kidding. jon: but don't let it dissuade you from getting a shot. jenna: we'll be right back at the top of the hour. when we made our commitment to the gulf, bp had two big goals: help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts

watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

jon: big developments on top stories and breaking news this hour. jenna: with the shutdown and the blame game both in full swing, the president has invited congressional leaders to the white house today for a face to face. the federal government is partially closed but obamacare is up and running with plenty of glitches. just how much trouble did people have signing up for health insurance? and tom clancy died. a work at the writer whose military thrillers captivated so many of us and friends on the big screen and otherwise, it's all happening now.

and happening now, our nation in limbo today as the government shutdown shows no signs of ending. we still have that meeting later today. we'll see how it goes. jon: 5 1/2 hours from now they're going to get together. i'm jon scott. welcome to the second hour of "happening now." we're on day two of the government shutdown since 1996. congress has yet to sign on a spending bill to keep all operations of the government running. within the last hour, we learned that president obama invited congressional leaders to the white house this afternoon tore a meeting to discuss the shutdown. senator warner of virginia speaking earlier. >> enough is enough. sequestration is stupid. shutting down the government is stupidity on steroids. jon: republican senator lindsey graham of south carolina

slamming president obama in the last hour on our program. >> where is our commander in chief? why isn't he on the phone right now telling the leadership our nation is at risk because of the government shutdown? jon: the shutdown affects people across country including tourists shut out of national parks like yosemite. >> it was a long journey. we came all the way here. it took us 16 hours to fly. >> they stopped us. >> we tried to go to the website today for bus information and the website is down. jon: one group of world war veterans refusing to let the shutdown ruin their plans. they're visiting the world war ii memorial despite it being closed. so what happened when they got to the barricades there, molly? >> you can see for yourself. right now the next group of world war ii vet $ arriving right now. we can pan over and show you. they are arriving at the world war ii memorial. it is closed but these world war

ii vets are being able to get in. they're walking down, being greeted by lots of well wishers as they approach the memorial. this is the third group, we believe, who have come on an honor flight. earlier today we had vets from missouri and kansas. this is the next group to come through. they're approaching the memorial and the park service has -- yes, has pushed the barricades away. earlier today it was lawmakers and vets who removed the barriers. this time it was the park service that pushed it out of the way so the vets could enter the world war ii memorial. you're seeing it happen live here, jon, as they arrive. in some cases these are aging world war ii vets, a lot in wheelchairs. this could be the last chance to see this memorial. these honor flights, we believe there may be one more after this. there were going to be a total of four today. one veteran i spoke to earlier said no way any barricades are going to keep him out after he travelled all the way from

kansas. he said if he had gotten to the line and there were still barricades, he was going to push them down. jon: you don't want to ask those vets to come back next year, do you? so what's the reaction from the national park service? >> well, this is really interesting. it happened yesterday and the park service, they didn't stop it. they sort of watched it happen and said the park is closed to the public. that's the case today. but the park service told me they're considering what's happening today a first amendment demonstration by the veterans so they're allowing ju the veterans, not the public, to go in and see the memorial. and they said -- this is the interesting part. to have these kind of first amendment demonstrations you have to have a permit if it's more than 20 people. clearly this is more than 20 people but the park service says they're considering each bus load as under 20 people and so they're allowing each bus load to come to the memorial. jon: the park service has some sense, or so it would seem. thanks.

jenna: the first day of obamacare with glitches and delays. the president blaming the technical difficulties on heavy traffic. >> like every new law, every new product rollout, there are going to be glitches in the signup process along the way that we will fix. eye been saying this from the start. there were five times more users in the marketplace this morning than have ever been on medicare.gov at one time. that gives you the sense of how important this is to millions of americans around the country. and that's a god thing. jenna: critics say the glitches prove the law just isn't ready yet. >> my advice to the american people is buyer beware. there's going to be sticker shock, people will be paying more even with subsidies than they would otherwise. we'll find it very difficult for

people to necessarily keep the doctor that they have if they like that doctor. there are going to be real issues of security and identity theft and we're going to continue to see problems with the exchanges in terms of customer service, delays and ability to get this done. jenna: senator brasso there. still millions of americans flooding the website. local clinics and community centers are trying to help people sign up so how did it go in a few of these areas? here is more for us now. dan? >> well, it did not go smoothly here in washington state or any of the 16 state exchanges. to enroll you must go online and virtually all of the websites had their problems on day one. washington's in fact, crashed roughly 30 minutes after it went online and was down for nearly six hours for maintenance. when it came back up, it was slow taking you a minimum of an

hour and a half to enroll in a plan. other states, oregon, nevada, alaska, colorado, maryland all had similar problems. the federal website, which is serving people in the 34 states without exchanges was also knocked off line due to high traffic but interestingly, the walkup enrolling at the health clinics was slow. >> just been how we operate as a society is that we seek the health care needs when we feel that we need them. we're not very proactive. >> and remember, everyone agrees that for this system to have any chance of working, healthy people have to sign up and enroll because they will be essentially subsidizing the people who are sick and needing the services in the health care. jenna: the officials who are implementing obamacare, what did they tell you about these bugs? do they believe they're going to work these out? >> absolutely. all the state and federal officials that we have talked to and heard from say they will

work through all of these glitches and things will work out just fine. and they're very optimistic that they'll get enough people signing town make it all work. we saw some folks trying to sign up for a plan yesterday before the system crashed. we also heard the democratic governor of washington state who is also a former congressman, take a shot at obamacare opponents. >> those who for decades have been resisting efforts to get insurance for people in our country are going to lose. they're going to fail. obamacare is going to move forward. >> and 2.8 million americans did go to the federal website yesterday to sign up and enrollment however, nobody can tell us how many of them actually successfully enrolled. jenna: day two. a long way to go yet. thank you. jon: members of congress seem to have outdone themselves when it comes to playing political ping-pong, posturing and

jockeying for position over obamacare. but our next guest says if it's all about politics, republicans may be doing the wrong thing by trying to scuttle the president's signature piece of legislation. charles lane writes in "the washington post," say what you want about republicans' obsession with destroying obama kair. one thing they can't be accused of is acting in calculated partisan self interest. if all the g.o.p. cared about was hurting democrats, republicans might support the health care law because it threatens a core democratic party constituency, organized labor. charles lane is a "washington post" editorial writer and also a fox news contributor. the unions don't like this law and you think that -- well, that republicans are in some ways helping them here. >> it's a strange alliance, isn't it? just shows how deep the republican commitment is against obamacare that they would even entertain an appliance or

sympathy for the union but i guess, you know, the enemy of my enemy is my friend. jon: the unions have been petitioning president obama to get relief from some of the applications of obamacare they phoned more onerous. >> certain hotel uses are a particular kind of health plan that's disfavored under the rules of obamacare and they've been trying to get sort of a subsidy to make up for that and the whose has said no on the very sound basis that it's not contemplated in the law and that it would cost a lot of money and raise the cost of obamacare. some labor leaders including the labor unions international have said if this can't be fixed, then the whole law needs to be repealed. jon: the irony is that this current government shutdown exists in large part because of

republicans' opposition to obamacare. obamacare rolls out on the same day and the stories about its problems, its hiccups, glitches are being drowned out by the government shutdown. >> that's correct and i would add to that that the republicans don't seem to have an escape hatch open for themselves at this point. i don't know what it is that they can settle for that would allow them to save face. you've got the two issues now of government shutdown and the debt limit running together and that's perhaps opening up some negotiation later on. jenn jon: you think they would have let obamacare roll off, leave the government open and let the problems of obamacare rise or fall on its own merit. >> yes. if all they were thinking about was political advantage, i think it's pretty clear that the story

today would have been only about the glitches of obamacare, possibly additionally about union opposition to obamacare and they could have attempted, as my column suggested, to exploit provisions within the democratic camp. jon: thank you. jenna: big headline from the literary world and beyond today. best selling author tom clancy is dead. we just learned about that a few hours ago. we'll talk about the legacy he leaves behind next. plus a man calls 911 to report a terrifying emergency but the reaction from the dispatcher is truly shocking. the latest from the fallout over this emergency call. >> 911. where is your emergency? >> my car just started on fire. my girlfriend started on fire. >> is your girlfriend still on

fire? >> no. >> okay. >> hilarious, huh? [ male announcer ] this is brad. his day of coaching begins with knee pain, when... [ man ] hey, brad, want to trade the all-day relief of two aleve for six tylenol? what's the catch? there's no catch. you want me to give up my two aleve for six tylenol? no. for my knee pain, nothing beats my aleve.

jon: outrage today over the way a 911 dispatcher handled an emergency call. a man in arizona called to report that his girlfriend was burned when his car caught fire. but as he explained the situation, he could actually hear the reaction from the dispatcher. take a listen. >> her initial reaction was laughter and giggling in the background. it was disturbing. she wasn't there playing around giggling. i think she would have been right on it and it's a minute, two minutes, you know. every minute counts. jenna: adam has the details from los angeles. adam? >> yeah, jenna. this was no laughing matter but in all fairness to the dispatcher, it doesn't seem like she was laughing at the caller but what was going on in the background. still doesn't make it right but gives you maybe a different

perspective. this guy and his girlfriend are driving to a remote area in arizona. his car catches fire, his girlfriend gets burned. he calls in and here's what happens. >> she tries to correct him in thinking that it was laughing at him. it was actually what was going on in the background. the sheriff's department says they get about 400,000, 911 calls a year. this is an isolated incident and the captain says they'll take it very seriously as they go forward with the investigation. >> we do not perform at the

level i expect or the citizens of the county should expect and we'll correct that. certainly i can understand why the caller was upset with that. i would be, too. >> we're investigating what the laughter was about. >> the sheriff's department says of course the call was not handled appropriately. the dispatcher is still on the job pending the investigation. if you listen to that, if some respects completely unprofessional but at the same time, we've all been in that situation where someone is laughing behind you and it takes your focus off that and that's apparently what happened here. but if you're a 911 operator, you can't lose that focus so i think this investigation is going to look at the entire background of what happened and potentially there could be more than just one person reprimanded here, not just a woman on the phone but potentially the laughing going on in the background. jenna: adam, thank you. jon: fox news alert with some very sad news to report. best selling author tom clancy

has died. here is more from our breaking news desk. >> jon, tom clancy passed away last night at johns hopkins hospital in baltimore, maryland. he was 66. the cause of death is not being released but reportedly came after a brief illness. he wrote best selling military thrillers including "the hunt for red october", "clear and present danger" the sum of all fears "among others." several were made into black buster movies and video games. he was highly regarded by military officials who marvelled at the detail and accuracy of his writings. he wanted to join the military himself but his eye sight was too poor. he was a member of republican party and part owner of the baltimore orioles baseball team. in 1999 clancy married a journalist. his latest novel "command

authority" is slated to be released in december of this year. the latest movie, based on his most famous character, jack ryan, shadow one, is scheduled for release this christmas. jon: so sad. he died way too soon, too young. thank you. jenna: right now the government shutdown forcing the president to cancel a few stops on his planned trip to asia. now he's invited congressional leaders to the white house this afternoon for a sit-down on the shutdown. the impact of the shutdown being felt in so many ways. football is one of them. some games could be cancelled this weekend. we have your attention now, right? there's a chance, though, that the players could still take the field. we'll explain it all coming up next. heart healthy, huh?! ugh! actually progresso's soup has pretty bold flavor. i love bold flavors!

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jon: right now there's new hope for this weekend's big navy-air force football game. it could face cancellation because of the partial government shutdown. now some private backers are trying to make sure nothing blocks the kickoff. patti brown is on the news desk. >> two football games are scheduled for saturday. the air force-navy game and the army game against boston college are both on at this point but they are in jeopardy due to the shutdown. so now officials are scrambling to pay for the games through outside sources if federal funds are not able. military source said they're researching the legality of playing the air force-navy game with conference fees, conference tv money and ticket revenue and a defense department spokesperson told espn that outside offers have been made to fund the team's travel on

saturday. if all that falls through and the government remains shut down by thursday, the game will be cancelled or postponed. >> it's very frustrating because the game, it's an alumni game. we have parades for it. >> a lot of people are affected by this. more than just the football team and hopefully congress figures something out sooner rather than later. >> we're talking about a significant amount of money in terms of economic activity that is at risk now. and we're talking about small businesses as well. we are a small business community. >> that was from the local chamber of commerce. the situation is similar for the army game which is supposed to be the highlight of the boston college homecoming festivities. jon? jon: it is -- it seems crazy they can't find a way to potentially pay for those games. stay on it for us. >> i will. jon: and go army, right? jenna: go, navy.

it's going to be ongoing. it's going to be ongoing. the army-navy game, what would happen? jon: her husband went to the naval academy. my son went to the west point military academy. jenna: we still like each other, really, but during football season it's tense on set. the president is cancelling a few stops on his planned trip to asia because of the government shutdown. mr. obama is scheduled to loaf saturday night for what was originally a four nation tour. now it's down to two nations. but first he's going to meet with congressional leaders at the white house later today to discuss the government shutdown. our senior white house correspondent is live from the white house with more. wendall? >> the president has invited john boehner and top democrat nancy pelosi along with the majority and minority leaders of the senate. each also looking for a way out of this politically unpopular impass. boehner spokesman said in a

written statement a short while ago, we're pleased the president finally recognizes his refusal to negotiate is indefensible. it's unclear why we would be having this meeting if it's not meant to be a start to serious talks between the two parties but just yesterday, mr. obama spokesman said that while the president is happy to negotiate, he will not be blackmailed. >> we are currently scheduled to travel. we certainly hope in a time between now and the president's schedule of departure that the speaker does the right thing, puts on the floor of the house a bill that would overwhelmingly pass according to republican congressmen and reopen the government. >> aides say the president phoned the leaders of malaysia and the philippines last nature, gave his regrets for not being able to go to the countries. those two stops were on the back end of the trip. officials here hope to make the first two stops but the closed monuments and national parks in this country while the president

travel as broad won't be good for his image. aides say the stop in indonesia and lomi are important. national security spokesman said in a written statement, quote, this completely avoidable shutdown is stepping back our ability to advance u.s. leadership in the largest emerging region of the world. the president scheduled to leave on saturday. the press to leave the day before. jenna: wendall, thank you. jon: so the government shutdown leaving washington a ghost town of sorts. thousands of non essential employees have been furloughed, including most congressional staffers and aides. many lawmakers are now doing day-to-day office work like answering fonz all by themselves. jenna: no. jon: yes. look at congressman doug collins. >> congressman doug collins. you called my office.

i'm just answering the phone. jon: congressman collins isn't the only one. senator mansion also caught manning the phones after his staff was dismissed yesterday morning. jenna: you answer your own phone, right? jon: of course, as do you. jenna: the horror of it all. jon: i don't imagine we get as many phone calls as members of congress. jenna: you're right. you're right. wow. all right. hard work down there in d.c. a school bus driver landing in hot water after she is caught on camera crashing into another car triggering a violent chain reaction action. the charges she's facing coming up. plus new reaction to the showdown over iran's nuclear program. how well is the new president's charm offensive working when it comes to easing sanctions? what's the right move for us at our national security? [ male announcer ] campbell's homestyle. mmm! this is delicious katie. it's not bad for canned soup, right? pfft!

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that is why he launched his charm offensive. he definitely wants to get the sanctions lifted, i guaranty you that. but he doesn't want to piv up iranian, iran's nuclear weapons program in return. jenna: last hour we spoke with mark tube wits about the sanctions hurting iran's economy the most, limiting oil production and limiting access to foreign banks and blacklisting iranian banks. in july the house passed a bill for tougher sanctions because of iran's nuclear ambitions. it is unclear if the senate would pass the bill and unclear that the senate would pass it and the president would sign it and now that the wheels are in motion. we have former ambassador john bolton, but first let's talk with jim walsh, from. mit securities studies program. nice to see you again.

>> good to see you, jenna. jenna: senators menendez and graham wrote a piece in the "washington post." they said the whole reason we're at a moment diplomatic moment that we have to pass even tougher sanctions to make sure diplomacy happen. what do you think? >> i think they got that half right. often when you have sanctions, sanctions sometimes they work, sometimes they don't. when they do work they work because they lead to a negotiated settlement n souththt a negotiated settlement. same thing with libya over its nuclear program. sanctions by themselves are not going to do something. here we are at the moment of negotiations. frankly i wouldn't take any sanctions off, but i wouldn't in contrast to the senator from new jersey. i would not impose new ones as we're about to sit down and talk. that is the equivalent, slapping someone and trying to be nice to them. let's give the negotiations a chance. if they don't go anywhere, we can certainly put on more sanctions later. there is nothing to stop us from doing. jenna: is that even wise to do,

to continue to put on sanctions? is that doing anything to stop the nuclear ambitions? >> it hasn't done anything about the nuclear policy itself, right. this started 10 years ago. now we're 18,000 centrifuges. i think it is about negotiation. and i spoke to important iran grans this morning in the government and they are willing to negotiate, limits and transparency on their program. they want sanctions relief in return for that. not in advance, but in return for that. of course that is why we put the sanctions on to begin with, was to get them to change their nuclear policy, if they do change it they should get some relief or they will not do it. jenna: tell as you little bit about the conversations if you can? who were you meeting with? what is the tone a week after the u.n. a week or so almost, after the phone conversation between rouhani and our president, what is the feeling? >> i think there's, i think, this is a very confident foreign policy team and it is not just chatting nicely. people who study foreign relations make a distinction and

cheap talk and costly signaling. we all know what that is. you say whatever you want, it doesn't matter. they put their prestige on the line, the president in his u.n. speech and rouhani's comments saying i want something i can take back and deliver. if he makes the promise and doesn't deliver he is in trouble back home. that is what this is about. they both want something. the question is, can they sit down and get it? i think the iranians are a little concerned about the americans can deliver, right. jenna: sure. >> is congress really going to follow through on some sort of a agreement that is agreed to. i think they're a little nervous about that. jenna: how do you square that rouhani in the past boasted about talk to distract people and strengthen the nuclear program. >> people have to put that into context. i know exactly what you're talking about, jenna. he wrote an autobiography during 2003 that froze the program for two years. he was under intense domestic attack, you sold us out. you sold out the iranian people,

mr. negotiator. then defending himself against that, that was what he wrote in his book. but that was a deal that worked for us. that was a deal that worked, certainly ambassador bolton's time. i know he wasn't a big fan of it i think it worked because it froze the program. if it stayed frozen they would only have 164 centrifuges whatever it was 10 years ago. now they have 18,000. so i think we're worse. jenna: you set us up nicely to talk to ambassador bolton. great to see you as always. >> thank you. jenna: ambassador bolton joining us now. what do you think about what jim had to say, ambassador? >> this is why unfortunately the course of diplomatic negotiations is going to get iran nuclear weapons. they will make superficial concessions in order to get relief from the sanctions. but the nuclear weapons program will continue in locations unknown to the international atomic energy agency, unknown to u.s. and israeli intelligence, under the control of the military. thus, by legitimatizing iran's

nuclear program, it is quote, unquote, peaceful program, we will simply allow iran to continue with its broad and deep construction of nuclear infrastructure that will leave them in a position to weaponnize when they see fit. jenna: we have heard from officials here that actions speak louder than words when it comes to iran. we talked about this a little bit last hour on our program because we got a news alert from iran that president rouhani addressed parliament. got a lot of support and said to basically his country, actions also speak louder than word when it comes to america. if we want a deal, then they have to release some sanctions as well, give us sanctions relief. how do we feel about that kind of boomeranging on us when it cops to foreign policy? >> i think it is entirely predictable. the iranian economy is suffering not simply from sanctions, but from economic mismanagement, particularly under ahmadinejad. and 30 years of misguided economic policy since the islamic revolution of 1979,

which proves the point, never let clerics run your economy. so i do think that the regime has a lot of internal reasons to try and boost the economy and to get relief from sanctions but there is simply no evidence whatever, no evidence whatever, that the sanctions have slowed down the nuclear weapons program one iota. jenna: that said, do you think that we should continue with the sanctions? >> well, i don't think we are going to continue with the sanctions. you know, you can already see the state department urging the senate not to adopt the sanctions that the house voted on this past summer. and there is no doubt in my mind, i know the europeans well, they are looking for a chance to roll back their sanctions as a measure of good faith. they will say it's a question of sequencing. whenever you hear that word from diplomats, put your hand on the wallet. it means we're about to give

something up and wait later for the iranians to give us something back in return. this is the same gameplan rouhani used 10 years ago. the suspension of their program then was completely bogus. it had nothing to do whatever with the diplomacy. it was dictated by technical and scientific glitches, both in their uranium enrichment effort and more particularly in their uranium conversion effort. so they were happy too a agree a suspension that was imposed on them by technical and scientific reality. when they overcame their problems, the suspension disappeared. jenna: it is interesting you mention the europeans. the e.u. foreign policy chief said on monday she would prefer u.s. lawmakers and others not to impose additional sanctions before the nuclear talks. her quote, i would like to get to geneva where the talks take place in the best possible atmosphere to have these negotiations. quickly, ambassador, how do we change the cycle the of the past 10 years? >> i don't think we will change it. i think the nucleares weapons

program will continue until somebody uses force against it. it won't be the obama administration. it may or may not be israel. if the current curse continues and certainly if we get locked into the process of a negotiation as iranians clearly wish i think it is only a question of when and how many nuclear weapons iran will announce to the world that they have been able to fabricate. jenna: ambassador bolton, great to have you on the program as always. thank you. jon: a quick look what is coming up 18 minutes from now on america's news headquarters with bill hemmer and alisyn camerota. >> join us at the top of the hour because we'll share little-known consequences of the partial government shutdown. >> day two of obamacare. glitch behind the move. did you say glitches? >> i did. >> there are glitches. >> we'll peel back the curtain. the case ever road rage is the driver at fault? >> we'll see you at the top. hour.

>> major security concerns to tell you about. obamacare forcing doctors to keep online versions of your medical records. now workers, worries i should say, that could leave your private information vulnerable to hackers and identity thieves. that is coming up next. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know that when a tree falls in the forest and no one's around, it does make a sound? ohhh...ohhh...oh boy! i'm falling. everybody look out! ahhhhh...ugh. little help here. geico. fifteen minutes could save you...well, you know.

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jenna: violent school bus crash caught on tape. a bus driver in washington nearly thrown from her seat as she slams into a pickup truck and another school bus. she has been cited for negligent driving and could face more problems because the tape shows she wasn't even wearing her seatbelt properly. luckily no kids were on either bus when the crash happened. jon: another concern to tell you

about regarding obamacare. patient privacy, under the new health care law, doctors are required to switch from paper charts to electronic records by 2015. well that has many people asking, what is being done to keep their medical information private and keep it from paul falling in the hand of hackers? jonathan serrie looks at that live from atlanta. >> reporter: hi, jon. on come supers are already comfortable baining and shopping online. it was only a matter of time before patient records would enter the digital realm. many physicians say the move will cut costs and improve care over the current system where patients have separate paper charts at each medical practice they visit. >> we have a tremendous amount of information about our patients but the problem is that information is not easily accessible to everyone on the patient care team. including really the most important part of the patient team, the patient themselves. >> reporter: so under obamacare

doctors and hospitals are required to switch to electronic health records by 2015. privacy and security experts say it's crucial that consumer protections keep pace with the rapid rollout of technology. >> my credit card information is compromised, i can get a new credit card and change that information. i can't change my social security number. i can't change my, my birth date. and i can't change my medical history. >> reporter: so the concern is that if identity thieves were to get ahold of this unchanging, personal information they could potentially use it to apply for credit in a patient's name over and over and over again. jon? jon: that sound like a tall order, keeping all that secure. jonathan serrie. thank you. >> reporter: indeed, certainly. jenna: coming up twitter is stepping up its game as it prepares to go public but apparently some users are not on board. we'll look at why and what it means for this big american company.

justin bieber is facing backlash over a trip to the wall of china. we'll show you the photo that is outraging his fans and some of his northern fans, like the guy sitting next to me on set. that's next.

jenna: right now social media giant twitter is getting ready to go public but as it gets the initial public offering together which take as little time, fans worry the user-friendly company could lose some of its charm once it hits the stock market. jo ling kent from the fox business network joins us in studio. hi, jo. >> reporter: that's right a lot of the charm is at stake. this is story of a $20,000 twitter handle. he owned the sought-after handle at chase and jpmorgan chase, one of the biggest banks in the world wanted it. earlier this year they offered

to buy it from him for $20,000 through a broker. he said no. is violates the policy. twitter said it violated their user policies. soon after his twitter handle was taken away and jpmorgan chase was tweeting from it. >> i'm obviously the not the first one to make a commentary account or fan account or anything like that. i do feel like i was singled out. so twitter could play into the hands of what jpmorgan wanted. >> reporter: jpmorgan had no comment on the situation and twitter told fox business they don't comment on individual accounts but pointed us toward the user policy. the profile name should not list exact name of subject without distinguishing words such as not, fake or fan. the complication here, that guinta's first name is chase. he has no interest in investing in the twitter ipo he feels jilted by the company he once

loved but he still does tweet but now under his whole name, jenna. jenna: very interesting@jo ling kent on twitter. >> thank you. jenna: nice story. jon: a pop star, justin bieber, is making headlines and not of a good kind. this time he let his bodyguards carry him up the great wall of china. photos like this one were posted on twitter showing the able-bodied, 19-year-old sitting on two men's shoulders while they trekked up the steps of the iconic site. the internet nearly imploding with people mocking the singer for what some are calling his diva antics. bieber apparently can't do his own climbing. jenna: i mean they're steep steps, right, jon? there is no way to really defend that at all. sight seeing? i don't understand it. maybe it was just for a moment. jon: maybe he was feeling faint. jenna: jon? all right, well, jon's not -- jon: not a bieber fan.

jenna: he doesn't like celebrities. jon: not a bieber fan. jenna: we'll move on. a frozen treat get as scientific boost. we'll tell you what makes ice cream so special. jon likes ice cream. jon: i do like ice cream. jenna: except the justin bieber stuff. 80 degrees here in new york city. a good day for ice cream even though it is fall. doesn't feel like it outside. we'll be back with more "happening now."

>> right now the oklahoma state fair is entertaining thousands of folks in tulsa. and what do you get? an interesting treat. dessert makers of nitroice cream use and instantly and get it 40

below 0. that would be a big ice cream headache. it make its denser and creamier than most and engineers in ohio state university a genius. >> does icecream need an improvement >> if it is denser and creamier i am all for. it as long as it is chocolate. >> not an army and navy thing but ice cream we end as friends. >> that's right. we'll have an update on the military academy football situation. we'll tell you what is going o. the academies rely on the tv revenue. >> anything can happen in a few hours and we'll have america news headquarters up next. >> starting with a fox news alert. it is day two of the political staring contest and signs of possible movement.

president obama inviting congressional leaders to the white house this evening to talk about how to end the shutdown. it will be the first face-to-face meeting between the president and house speaker john boehner. >> so they can sit down and talk. >> i am allyson camerota. >> how are you feeling. i am bill hemmer. a white house briefing and meanwhile, the white house and the house for that matter working on a set of minispending bills and blasted by democrats for doing it. >> it is time for republicans to stop throwing a crazy idea and in hopes that something will stick nothing has stuck. there is a sensible way to reopen the government. clean, six week resolution that opens government today and we passed it in the senate last week. >> it is not policy anymore.