martha: we'll look forward to that. we'll continue to keep a close eye on all of these negotiations such as they are at this point. good news for the veterans because they have reopened the gates down at the memorial this morning. have a great day, everybody. we'll see you later. "happening now" starts right now. jenna: we start off with a fox news alert. president obama visiting a construction company in maryland and talking about the government shutdown and its effect on small business, once again calling on congress to break the budget stalemate. he says the longer it goes on the worse it will be. meeting at the progress with no sides and both side left blaming each other. right now the house republicans are working on a piecemeal approach to open parts of the federal government. we've seen that the last several days. votes on tap to restore funds for veterans and pay members of the national guard and reserves. democrats say it is all for nothing. we'll have breaking details on all these top stories in just a

moment. first right now brand new stories you will only see here. jon: a brutal attack. a man comes to the aid of a pregnant woman. the search is on for the attacker. firebombs thrown in the street as anarchists clash with riot police. we'll tell you where this is happening? a first responder rushing to the scene of that deadly asiana crash in san francisco might soon face felony charges in connection with the response. it is all "happening now." jon: well, president obama with a warning for wall street as washington staggers into day three of a partial government shutdown. good morning to you. i'm jon scott. >> hi, everybody, i'm jenna lee. great to see you. the president laying out in stark terms expressing concern that gridlock causing the shutdown with the debt ceiling deadline looming could hurt our nation's economy and risk

defaulting on our national debt for the very first time in history. >> wall street has been pretty calm about this. the reaction i would say generally speaking has been washington fighting, washington posturing, yada-yada yada. is that the right way for them to look at it? >> i think this time is different. i think they should be concerned. when you have a situation in which a fact shaun is willing, potentially to default on u.s. government obligations, then we are in trouble. jenna: in the meantime the white house meeting last night between the president and top congressional leaders went pretty much nowhere. both side came out pointing fingers. house speaker boehner accusing the president of refusing to negotiate while minority leader nancy pelosi accused of republicans quote, moving the goalpost on any budget deal. steve moore, senior economics writer for "the wall street journal" and fox news

contributor. we'll look at the markets today, down 120 plus points. what is going on with the markets today? does that have to do with the shutdown with what the president had to say? >> you've seen gyrations up an down over the last few days but i was astonished by what the president said in that little clip you played, jenna, because essentially what he was telling financial markets and american people, you should be afraid. almost like he is rallying and cheering for a fall in the stock market so he can use it as a political advantage. i've never seen that before in the 25 years i've been following and covering presidents. jenna: is this time different, steve, as the president says? >> no, it is not. we've had something like over a dozen government shutdowns since the early 1980s. these always get resolved. and by the way the president could resolve this and get this over with in five minutes. all he has to do, jenna, do what every president from bill clinton to ronald reagan did. get on the phone. meet in the middle and everybody gets something and get beyond

this. the president wants unconnal surrender from the republicans because he think he has the political upper hand here. jenna: that leaves us feeling rather helpless, doesn't it, steve? as we're watching from outside the belt way, i know you're in washington, d.c., but are to the rest of us on the outside wondering what will happen with the economy and the stock market, if there isn't an agreement, if this doesn't break, there are comments that suggest that we could see a recession that is worse than the great depression again. >> no, no. jenna: those, that is what is coming from the treasury. >> i hear that. in fact that is what the treasury was saying this morning. again this is scaremongering. in fact the speech that i would like to see jack lew, the treasury secretary, and i'd like to hear president obama give the american people is look, no matter what happens in this divide between the republicans and democrat, no matter what happens we're going to pay our debts. the full faith and credit of the united states government will be preserved. jenna he is saying exactly the opposite. we've lived through this before. yes, it will cause some pain. yes, it could take maybe a few

days, maybe a week or two to get it resolved but, remember, 80% of the government is still operating. all the entitlement programs and moist of the essential services of government like the air traffic control, those are still operating. jenna: what a grand bargain would actually look like? what do you think republicans should change on? >> you know, everybody's dug in at this point. the president is dug in on his position. the republicans are pretty dug in on theirs. what i would like to see is something maybe they would suspend for one year the obamacare individual mandate because as you know, jenna, they already did suspend the mandate for employers so if it is fair for employers to suspend it for a year why not workers? the other thing, i think the issue almost every american, whether you're liberal or conservative agrees with, my foodness, jenna, don't you think every member of congress should live by the obamacare law they're imposing on the rest of us? maybe they know something about this law we don't that tell us will be so wonderful but they're

doing everything they can to avoid living under the rules of that new obamacare law. jenna: seems that health care certainly is at the center of this debate which is interesting considering the timing of health care exchanges going live. the president did say something in the interview on cnbc, steve, i would like to ask you about. he said we're really going from crisis to crisis, lurching crisis to crisis. even if we got a deal we would only get two months down the line. then we have to do another deal sir, months. we're not getting bigger plans what a budget would look like for a year or two years down the line. regardless of politics, what is the impacts on that on our economy? >> i would like to see a long-term deal. i think, almost every american would like to see that, where they, the one thing they can not agree on, jenna, they have been arguing about the budget for three years now, what do you do you about long-term entitlement problems? what do you do about social security? what do you do about medicare and medicaid and obamacare? these are big boulders in the budget like little time bombs

that will explode the next 10 years as baby boomers retire. we all know that is happening. we see the titanic headed to the iceberg. it is a question whether congress, i'm blaming both parties here, jenna why can't they get together to solve a problem we all know confronts us in the very near years ahead? jenna: well it is interesting, absented of those long-term plans, again, what is the impact on us today and the success of our economy? that is a bigger question. steve, i know you come back in a few minutes. we got another big report from the "wall street journal" about potentially being number one producer for oil and natural gas. >> good news. jenna: headlines, regardless everything that is happening it's a really big headline. we'll dig deeper into that. you will come back with us. thank you so much. >> thank you, jenna. jon: a couple of minutes ago in this fox news alert you heard from the president. well we also just heard from the minority leader in the u.s. senate, mitch mcconnell. here's what he has to say about this stalemate underway. >> yesterday's meeting at the white house, frankly wasn't

particularly encouraging. the president basically called us all down there to tell us he is not interested in negotiating. it was essentially a negotiation about not negotiating. >> we told you yesterday that the two top leaders in each house of congress had been asked to the white house for a 5:30 meeting. but when it was all over there was not a lot of optimism and apparently no breakthrough. that is what mitch mcconnell was referring to there. could there be something today? we'll keep an eye on it. you will be the first to know. jenna: that's right, during the show we found out about the 5:30 meeting. jon: the 5:30 meeting went know where. jenna: happy hour is usually a good time to get together. jon: it was unhappy hour at the white house. jenna: maybe they try that next time. the white house is asking everyone to be patient because of persistent technical problems caused logjams for everybody seeking insurance on the health

care website. peter doocy is following us. are things improving for consumers? >> reporter: not really, general n down in louisiana, one of the four companies offering new plans in that state through the federal exchange hasn't seen anyone able to work through an entire transaction. i just spoke to an official at blue blue cross-blue shield of louisiana who said things are improving but so far zero successful new enrollments for his company. and experts are warning it will be like this for a while. >> it is going to take a while, a month or two months to really figure out how popular this is going to be and whether they can work out the technological kinks which fang frankly i think will last for some time. >> reporter: half an hour ago i tried to access the sites for all 36 states served by healthcare.gov. not one single linked worked. they all produce ad page stating there are just a lot of people on the site right now. jenna?

jenna: first week there is probably a lot of people on the site. peter, what is the white house saying about these issues? >> reporter: if you go to the white house's website right now where there is a page about information about health reform you're greeted first by a message warning because of the government shutdown information on their own page may be out of date but the white house press secretary jay carney says that the traffic causing the malfunctions over at healthcare.gov is a positive sign and that the administration is trying to fix things fast. >> well, i would say two things. it is as i mentioned, a good problem to have that interests in the first two days exceeds what we anticipated and, you know, we have an extremely competent team that developed a very user-friendly website and they are working on these problems every day and the process gets improved every day. >> reporter: so far more than

6.1 million people have visited healthcare.gov. for everyone having problems enrolling the white house says it is okay to wait. you'll still got until december to sign up and be covered by 2014. jenna? jenna: peter does sir, live in d.c. thank you. jon: more violence south of the border to tell you about. riot police and protesters fighting in the streets of mexico city. dozens of people are injured. what sparked all of this? we'll tell you about that next. plus, man's best friend, he could save your life. how dogs are sniffing out a deadly disease. dr. siegel joins us with some encouraging research on k nines fighting cancer. jenna: maybe your puppy can do this, what do you think ?

jon: new information on stories around the world. at least 94 people are dead. 200 are miss. tear gas and firebomb bees explode in mexico city leaving dozens injured as pretesters and riot police fight it out. the day turning violent when thousands came out to observe 45 years since the killing of students there in 1968. one very expensive rock going on display in hong kong. the rare 59-carat pink star diamond, being called the world's most valuable. jenna: just about the right size. jon: good enough for you, huh? according to sotheby's, it is expected to fetch more than $60 million. it is a million a carat when it goes up for action next month. jenna: a little out of my price range but looks nice, doesn't it? the fight against cancer could get new help from a old

friend. dogs could be trained to sniff out cancer and with a more precise way to detect this deadly cancer early. dr. marc siegel, member of fox medical a-team. good to see you. >> this is a huge problem. more than 14,000 women die of ovarian cancer every year. it is one of the top cancer killers. there are no specific symptoms. the cancer is hidden deep in a women's body. if found early most women would survive. enter manned an woman's best friend. ovarian cancer has a characteristic odor and few animals can smell it better than dogs can. researchers at the university of pennsylvania are figuring out the exact chemicals that dogs smell when they detect this cancer. >> when a human smells beef stew they smell the whole stew. when a dog smells the stew, they smell different components, carrots, meat, gravy, how does that apply to dogs smelling

cancer. >> the dogs can pick out that individual odor of just the beef. >> it isn't practical for hospitals or doctors offices to have k-9s sniffing patients for cancer or even sniffing their blood samples but the upenn scientists are collaborating with research is at at center in philadelphia that would create a electronic sensor that would identify the odor of ovarian cancer. the challenge to convert what a dog's keen nose smells natural live to what a carbon nano sensor can snoop let's take the acute ability to smell things to try to translate it into a device that is sensitive and specific. with at step in between organic chemistry lab to help identify the organic compound to build a more sensitive device. the dog is already born wit. we have to build it. >> the advances today which can

significantly increase the likelihood of to detect ovarian cancer in an early stage will have a huge impact for the survival of these patients. >> jenna, this is potentially very exciting. when ovarian cancer is found earlier mower than 90% will survive five years. but in order to get that to happen it looks like it will take an unlikely team of veterinarians, chemists and oncologists, three group of experts who almost never in my experience work together. jenna? jenna: could be an interesting combination when those teams come together. >> very exciting. top of the line people. top veterinarian at university of pennsylvania, a world famous chemist and oncologists putting research together. jon: amazing what dogs can do that people can't. adopted dog. jenna: adopted dog winston, trying to make him the "happening now" mascot. we're working on that. >> maybe we can train him for this. jon: he is good at sniffing other dogs in places you don't want to know about. that's about it. >> hopefully we can show the

viewers winston. he is a cute puppy. we'll try to get that on the screen for everybody. doctor, thank you very much. >> well, fracking is still a new and controversial way of getting oil out of the ground but it is behind a historic surge in american energy production. could this nation actually achieve energy independence? we'll talk to you about the amazing possibilities. plus a guy brutally attacked on a public bus. what witnesses say prompted this and the latest on the search for the attacker. >> three broken ribs, partially collapsed lung. i'm surprised my nose didn't get broken but i'm still pretty. heart healthy, huh?! ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup.

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jon: right now in florida police are searching for a man accused of a brutal beating on a city

bus. patti ann browne is in our new york newsroom with more on this. >> reporter: well, jon, it happened on a public transit bus in broward county, florida. a pregnant woman was being had assed, a man, jimmie singleton came to her defense. a at that point the ma asker punched singleton in the face. single, who is 5and pepper sprayed the attacker and tried to fight back. he ended up on the floor of the bus with three broken ribs and collapse lung. he spent eight days in the hospital but does not regret intervening. 22-year-old pregnant woman on the way to the doctor's upset was upset when the suspect began verbally harassing her. she moved and sat next to singleton but the suspect followed her. singleton told the man to give it a rest, shut up. he didn't use profranty. the police are looking for him. he is seen on the bus video wearing a striped shirt. he was seen running away from the bus on the 1700 block of

north university drive. anyone with information call 954-493-tips. you have can remain anonymous. you may be eligible for a reward, jon. jon: just trying to be a good citizen and get as whooping. at least he did something. good for him. >> reporter: he does not regret it. >> good. patti ann browne, thank you. >> reporter: thanks. jenna: an unexpected headline on a day when there are some questions about the state of our economy but new data from "the wall street journal" says the u.s. may now be the world's largest producer of oil and natural gas. our energy production has surged in recent years thanks mostly to new technologies that let us capture oil and natural gas from shale rock. but this just doesn't help create jobs. it may also have impact on our foreign policy, our national security, our place in the world overall. joining me now, steve moore, senior economics writer for "the wall street journal." fox news contributor. kt mcfarland, fox news contributor and national security analyst. welcome to you both. we take a look at both sides of the story. steve, you spent time out at

north dakota, takeing a look what is going on out there. why now? the analysis in the journal says if we're not number one yet it is only matter of a maybe a few days or weeks? >> jenna, this is the biggest story going on in the american economy. we have seen, in many states like north dakota and texas, a doubling in their oil output in just the last four years. if we get this right, jenna, and we move aggressively forward with our technology, by the way, hydraulic fracturing is like equivalent in health care to a cure for cancer. this enormous break through has tripled our reserves of oil and natural gas. the point to keep in mind, if we get this right, in six or seven years the united states of america could be oil and natural gas independent, which planes, jenna, we could be exporting the stuff, rather than importing it. as kt knows, that has huge implications for our national security. jenna: kt, let me ask you about that. we could be in a position where with you would far outproduce, reading from the journal, far outproduce countries like

saudi arabia as the world's largest oil producer. what would that mean for, i mean, so much, the way we interact with countries in the middle east, the way we interact with russia, other places, what is the impact of that? >> i've been fascinated with this for the last couple years for the foreign policy implications. this is the biggest strategic game-changer since we won the cold war. it could well be the biggest strategic game-changer since we won world war ii. why do i say that? if you look at the last 10 or 15 years, the united states is involved in any squabble in the middle east. why? because we need their oil. look at russia. the two times russia has been assend ant since world war ii, because of their oil and natural gas imports. putin himself, his graduate student thesis was about russia would reclaim its place in the world by exporting oil for currency and it would export natural gas to europe. we're in a position now to completely flip that around. russia's energy exports are western siberia and they're

playing out. they have, they have oil and natural gas reserves in eastern siberia but they have the technology to get them out and they don't have the foreign investment they need to produce the facilities. we on the other hand already have this stuff. and we're going to be in a position as steve says within three to five to seven years where we are the major energy producer in the world. now think of what that does. that means china needs energy. they're all of a sudden knocking on our door hat in hand. same with india. russia on the way down and the middle east, which i think is headed for 30 years of sectarian battles, they will start blowing each other's oil fields up. we'll be the only country and only region in the world with cheap, abundant and secure energy. >> by the way, jenna -- jenna: let me get in for one second, steve, our competitors, some of which kt just mentioned, are doubting whether or not we can sustain this type of development. gazprom, big company out of russia, the country's largest energy company says that we're in the middle of a bubble that

is going to burst. the head of opec, the organization of the petroleum ex-court -- exporting countries which include some had in the middle east, the u.s. oil boom in shale will run out of steam in decades's end. is that true. >> actually it is just the opposite, jenna. every time the u.s. geological survey does a survey how much oil we have in this country they find more and more of it. we're not running out of oil in this country. we're running into it. we have more natural gas virtually than any other country in the world. we have more coal than virtually any other country in the world. we're essentially turning into the new saudi arabia. the point was going to make which i think was interesting to add what kt was saying this is not just about our energy industries. it has a huge impact on manufacturing. jenna: we were talking about this in the studio before the show. got a lot of attention from the crew as well and a great question came up. why aren't gas prices lower?

if we're number one producer of oil and gas why aren't consumers geting a break here in north america? >> that is very interesting, there is a price for oil which remained very high but the natural gas price fallen by two thirds in last four years. one of the things you may see in the next two years, more americans when filling up the tank, they may not be using oil. they may use natural gas as a fuel which would make it inexpensive to run your car. jenna: kt, a final thought as we take a bigger look at the world in general, energy independent, that is not what this report is saying but that is the goal many people say we should strife for in this country. the biggest takeaway from that would be what? >> three to four years we could be energy self-sufficient and independent from the middle east and russia and within seven years we'll be the world's energy superpower. >> hooray. >> america is on the verge after renaissance if we would only take advantage of it. jenna: so interesting to have the story on a day where we're

talking about a shutdown, debt ceiling, everything else. it is on the front page of the journal. steve you work for the journal which is nice. >> happening with a president who doesn't even like the oil and gas industry. jenna: i believe he may have mentioned that in the speech today, being number one energy producer but important, the journal said producer of oil and natural gas. >> exactly. jenna: thank you so much, kt, steve, great to have you both. thank you. jon: president obama says the only thing standing in the way of reopening the federal government is, house speaker john boehner. so how would the white house feel about a so-called, grand bargain? and what is a grand bargain anyway? we'll look at efforts to combine a budget deal with an increase in the debt ceiling and would that could mean for the speaker of the house. plus why democrats want to keep national parks closed until they can open the entire government. ♪

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the latest on its path and where hurricane watches are in effect. we're watching a crash, very deadly crash, awful situation in tennessee. at least eight people were killed and a bus carrying a church group gets into a horrific accident. we'll tell you about that coming up. jon: the partial government shutdown is sparking talk on capitol hill of a so-called grand bargain. house republicans consider a spending deal that would combine a spending package with an agreement to raise the debt ceiling. in return they would seek some concessions with democrats. angela mcglowan is a fox news political analyst. we throw around terms like grand bargain all the time, angela, and a lot of folks don't know what it refers to. what are they talking about here? >> basically these are talks behind the scene and what boehner is doing, first of all he needs to have a solid conference. he is utilizing paul ryan, former vp candidate, ryan is the head of the budget committee and dave camp. dave camp is the head of the

ways and means committee, to put nervous republicans at ease saying they will come up with a deal but also, jon, these republicans have to reach across the aisle to democrats. so they're trying to get mored moderate republicans together to reach over to democrats while we're hearing all the stuff about liberal spin in the news. this is the deal that is happening, real deal behind the scenes. jon: speaker boehner take as lot of heat from within his own conference but sending out guys like paul ryan and congressman camp, those are guys pretty well-trusted among republicans pretty well-known for their conservative economic policies? >> they're pretty well-trusted but also expensable guys, jon, that can reach across the aisle. they have to have a consensus in the conference and they're talking about the dealing with a grand bargain, that is entitlement reforms. also eliminating the medical tax device, medical device tax in obamacare but also delaying parts of obamacare. but they will need to bring

people from the other side of the table to do these talks. you can't bargain by yourself. you can't bargain at your own party. jon: but to listen to the president, the fault lies strictly with the republicans. i want to play for you a clip of what he said to cnbc and get your reaction. >> okay. >> i think it's fair to say that during the course of my presidency i have bent over backwards to work with the republican party and have purposely kept my rhetoric down. i think i'm pretty well-known for being a calm guy. sometimes people think i'm too calm. and, am i exasperated? absolutely i am exasperated because this is entirely unnecessary. jon: but this is the same president who said on several occasions that he wasn't going to negotiate. >> right. like the joke i said earlier,

dealing inside the beltway the only red line is the president would adhere to is not negotiating with republicans. with this government shutdown, with this fiscal standoff, it is hurting both parties. your average american, jon, they believe all people inside the beltway are dysfunctional. so the bottom line is, they're going to have to make government work and the president is going to have to come to the table and negotiate. we didn't get our continuing resolution. the next big deal is october 17th. when are we going to raise the debt ceiling or not and the president wants to pay our bills, he will have to come to the table and negotiate. i think that paul ryan and dave camp are the guys, the mouthpieces for boehner, that can actually make this happen and reach across the aisle. jon: well, it is not just hurting both parties, it is really hurting all americans. just about everybody in america wants to see this thing solved. we talked earlier about the grand bargain. here is what michael steele, speaker boehner's spokesman had to say. he said, let's drop the phrase, grand bargain right now, there

is nothing grand and there is no one to bargain with. >> and he, mr. steele is exactly right. jon, you know what is so sad? a lot of people in america, when they saw our warriors not being able to go to the world war ii memorial -- jon: yes. >> these are people who fought for our freedom, freedom isn't free and they can't even go to a memorial without some type of controversy? i think until the end of the day, we have until october 17th, that is an eternity in politics and i believe democrats and republicans will come to the table. jon: i think it is pretty appalling, these hero flights, they plan the months in advance, they had no way of knowing the world war ii monument would close. that is appalling they can't get that side open. >> both sides will be hurt by this politically. behind the scenes, that is why people are talking about cuting a deal. jon: it would be good to see, angela, good to see you. >> thank you. jenna: opening the door just a

sliver, maybe a little bit, lawmakers are debate emergency spending bills that would reopen some portions of the federal government including the national parks. so how much would this cost, this effort? shannon bream is live in d.c. with the taxpayer calculator to crunch some of those numbers. that is an interesting question, shannon, how much would it really cost to open the parks? >> reporter: let's start there, the house pass ad measure with a price tag reopening parks for $3 billion t would provide funding for the national park service which would include the world war ii memorial in the spotlight this week, smithsonian institution and gnarl gallery of art and holocaust museum only through december 15. how does it trans late to taxpayers. if you make $30,000 a year, your cost would be $1.42. for those making 50 to $100,000 a year your portion is $13.44. if you make $250,000 or more the

price tag is $372.04. go to foxnews.com and find the national parks and museums taxpayer calculator. jenna. jenna: what are the odds taxpayers have a chance to support the programs even if they want to despite what is happening in d.c.? >> reporter: the house passed it. it is up to the senate and president. many top democrats are speaking out against this effort. >> these piecemeal bills are on this floor because republicans are realizing, yes, there are real-world consequences to a shutdown. now they're engaged in a gimmick to fund only those pieces of government that the media or their constituents notice immediately. >> reporter: remember, the president has said he will veto this measure, if it does get to his desk. jenna? jenna: we'll see what happens then. shannon, thank you. >> reporter: you got it. jon: here's quite a story to tell you about. a firefighter racing to save lives after that deadly plane crash in san francisco ends up

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jenna: a fox news alert. early morning in san jose, california. a strange sight that is not usually happening on the busy roads there. a small plane landing on the street, on a city street. do we have video? there we go. this is not an intersection that normally sees planes on the street. a busy time during rush hour. we don't know the circumstances that led to this. the plane looks in relatively

good condition all things considered. an emergency landing on the street early this morning. no immediate report of injuries. a lot of questions as to what exactly happened here of the as we learn more we'll bring that to you. jon: there is a small general aviation airport nearby. could have been taking off. could have had a engine problem and coming in for a landing and a little low on fuel. at least they're on the ground safely. right now some new information involving one of the most hair breaking aspects of asiana plane crash last july. a 16-year-old girl who actually survived the initial crash at san francisco international airport was lying in the tarmac, apparently, firefighters had moved her there when she was hit by one of the fire trucks rushing to that chaotic scene and now prosecutors are deciding whether to file charges against the firefighter who was at the wheel for running over and killing the young girl. let's talk about the prospects here with dan schorr, former

prosecutor. esther pan niche is a criminal defense attorney. i can't think of a more heartbreaking situation. this woman who was behind the wheel of that truck, sworn to try and protect lives, save lives, she's a firefighter, and accidentally runs over one of these accident victims in all of the chaos. why in the world, dan, would they be thinking of charging her? >> it's a tragic case. you have a 16-year-old girl who survived the plane crash and is killed when the fire truck runs over her. this firefighter is a veteran. obviously had the intent to help people, that's why she was there when i was in the homicide investigations bureau in the d.a.'s office we investigated any incident where someone died, police officers, firefighters, emergency service workers. so there is an independent investigation by the d.a.'s office to make sure there either were criminal violations or there were not. that is probably what is happening here. you want this independent review from the d.a.'s office. there doesn't mean there was

heightened belief there was a crime but it is important to have a review by the d.a.'s office. jon: which have video, but we have video of fire trucks rolling to the scene. it obviously doesn't happen that often that you have a major airliner crash and catch fire at a big airport. so the fire trucks are scrambling. it is my understanding that, here's one sample, for instance. it is my understanding that the particular truck she was driving, you are supposed to have a spotter, somebody who is kind of looking out for you besides the driver behind the wheel but in emergency situations that spotter is not required. so how could she be in any way culpable for what happened here? ing. >> i completely agree with you, jon. she should not be culpable for what happened here. it is a tragedy. it should not be compounded and make it two tragedies. this would send a chilling effect to all first-responders because the next time, god forbid there's an accident like

this, no firefighter will get behind that truck and start going without a spotter if they know they will be subject to criminal sanctions as a result of it. there can not be any doubt that this was nothing more than a horrific accident. there doesn't appear to be any gross negligence and if you're going to attribute any criminal liability or responsibility to the firefighter who drove, then you also may need to start looking at the department who allowed her to go, whoever instituted rule saying you didn't need a spotter in an emergency. so this is going to have far-ranging effects if you charge the firefighter who was driving. i think there's nothing that can be gained by charging this person. you're just adding a tragedy to another tragedy. jon: we have a picture of the little girl who was killed, ye mengyuan. she was from apparently affluent area of child child. her parentses only child as is

the one-child policy for many parents in child. her parents are heartbroken. there is evidence, dan, she may have been covered in firefighting foam and that may have obscured her from the vision of the driver who ran her over. >> right. there are two parts to this investigation. one to see whether there are any criminal charges and as esther alluded to, there is no evidence we know of showing gross negligence but the d.a.'s office has to review it. the other part is to review the policies, procedures and practices. what happened on the scene? did people act properly? should they do things in a different manner next time this happens if unfortunately a tragedy like this happens in that jurisdiction? that is what the d.a.'s office is going to be looking at here. jon: i know the civil suits also have been filed and more are coming in this case and that firefighter probably faces that kind of responsibility too or that kind of, you know, potential problem ahead. it is just a very, very sad case. dan schorr, esther panitch.

thank you. >> thank you. jenna: a new controversial series on showtime, promiseing a more scientific look at sex. what is this all about? the fox four one. -- "fox 411" next. a hurricane watch in the united states

jon: well the old slogan in advertising is that sex sells but can it sell a tv show? that is the question buzzing around hollywood as a new series on show time called, "masters of sex" attempteds to take a look at indepth of sex in society. julie banderas strips down to get to the naked truth on the "fox 411". >> i won't be stripping, jon, please. sex sells on show time, right? if you haven't heard about it,

here is the recap of "masters of sex." the character es master the art of yes, sex, it does feature a lesbian, prostitute and sex toys it nearly as racy as you might think for a rated r show anyway. show time's new drama set in the 1950s about william masters and virginia johnson's ground baking and bed spring straining study of human sexuality is smart, funny and engaging. starring michael sheen and lizzy caplan. they play researchers who work according to show time to shape our understanding of human sexuality and ignite the sexual revolution. the it shows the professional and personal lives and them doing their quote, research on what happens to the body during sex and science research. as to whether the science of sex will sell, well there are other movies that have taken a similar approach like the 2004 film, kinsey, which brought you an inside look at the life of alfred kinsey played by liam neeson. kinsey was a pioneer in the

world of sexuality research, 1948 book, sexual behavior in the human male was the first to address sexual behavior in science. laura lynn any received an oscar nod for her part in it. in 2012 the sessions starring helen hunt and john hawks hit theaters. as this story a man in an iron long who wanted to lose his virginity contacted a professional sex therapist along with his priest. that is not a joke. hunt was nominated for her performance. critical a acclaim for show time's master of sex. those were small films, not box office blockbusters. the question is how will smart sex translate into tv ratings. a million people tuned in to watch the masters premier. that is a start. it airs sunday, 10 p.m. you're done with your fly fishing, jon. you have time to tune in to learn about sex or what you didn't know about it. jon: i try to be in the sack by 10:00 p.m. >> don't use in the sack after a story like this, jon, my god.

jenna: walked right into it. i can't save you here. jon: i try to be asleep by 10:00 p.m., okay? >> hit commercial, guys. get out. jenna: "happening now", top of the hour. to get it just right. [ ding ] ♪ but finally, it happened. perfection. at progresso, we've got a passion for quality, because you've got a passion for taste.

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jenna: well, big developments on our top stories and breaking news. jon: the budget battle getting a whole new layer as the deadline to raise the country's debt limit comes in just two weeks. both sides seem to be digging in once again. officials in tennessee calling it the worst accident they have ever seen. at least eight people are now dead after a bus carrying members of a church group blows a tire, crashes and topples over. why did it happen? and grim accusations that for decades officials from the national football league covered up evidence tying the game to head injuries and their devastating consequences. we'll look into it "happening now." ♪ ♪ jon: well, how are you doing out there? it is day three of the partial

government shutdown. no deal to end it is in sight, at least not yet. i'm jon scott. jenna: hi, everybody, i'm jenna lee, welcome to a second hour of "happening now." new signs today that the budget battle could bleed into a much bigger fight over raising the national debt limit. congress back in session this morning, some republicans want to pass a series of these mini bills to keep parts of the government running and open. democrats in the white house reject that plan so far, that approach, saying that the government has to be reopened entirely and the debt ceiling raised before negotiations can start. the president warning that a default would be an economic catastrophe. >> the united states is the center of the world economy, so if we screw up, everybody gets screwed up. the whole world will have problems. which is why generally nobody's ever thought to actually threaten not to pay our bills. it would be the height of irresponsibility. jenna: well, republicans say

they're taking the debt limit deadline very seriously. senator rand paul last night on "on the record." >> this is not a small matter. this has been accumulating for some time. some of us think that the very financial structure and stability of the country depends on doing something about this debt. so we don't do this lightly just because it's for, you know, partisan reasons. i do this because i'm truly worried about the fiscal stability of our country. jon: meantime, the talks last night between congressional leaders and the president only ending with another round of the blame game. democrats arguing that republicans keep changing their minds. here is nancy pelosi after that meeting. >> we just have to find a way, and we have to find a path that they can go down. but if they keep moving the goalpost and won't even accept their own number, as the leader said, if they don't take yes for an answer, then i can only conclude that they wanted to

shut down government. jenna: house speaker john boehner saying democrats are the ones that are refusing to compromise. >> they will not negotiate. we had a nice conversation, a polite conversation, but at some point we've got to allow the process that our founders gave us to work out. jenna: we told you that they were at odds, and the sound pretty much proves it there. doug mckelway live in washington, any new movement towards any set of resolution? >> reporter: jenna, not that appears to be overtly apparent. there is some talk we hear of a return to a grand bargain that would provide an escape route from the cr, the closure of the government, sequestration, the looming debt ceiling which comes up on october 17th, but we're hearing this is in early stages, and some members i've spoken to this morning were even unaware of that. what is apparent is that the frustration level is growing very much. we saw evidence on the senate

floor this morning when senate majority leader harry reid criticized a colleague by name, committed a senate no-no, that's a violation of senate decorum. here he is. >> senator cruz is now joint speaker. he lectures the house on occasion as he does people over here. >> reporter: that led to a rebuke by the senate minority whip, john cornyn, who read from the senate rules. >> no senator shall in debate directly or indirectly by any form of words import to another -- impute to another senator or other senators any conduct or motive unworthy or unbecoming a senator. >> reporter: meanwhile, on the house side they continue their work on a series of mini spending bills. debate just got underway, supposed to get under way at noon today, on the national guard. we expect another debate on funding veterans' programs later this afternoon.

jenna? jenna: one has to wonder, doug, what would happen if everyone stopped talking? [laughter] >> reporter: we might have some peace and quiet around here. jenna: let me ask you about these mini spending bills, because you talked about the grand bargain. what are these mini spending bills? a few of them got through the house, but what's going on in the senate on them, and what's the status of the mini bills? >> reporter: well, democratic senator durbin of illinois took full advantage of the house's preoccupation with these mini spending bills today by offering a proposal that goes far beyond these mini spending bills. listen up to senator durbin. >> this amendment is the text that passed the senate, it's a clean continuing resolution for the entire government including the national institutes of health, and it's something that is already over in the house, reportedly has the support of the majority of the members of the house of representatives. this is an opportunity for the senator from missouri to finally break down this government shutdown. >> reporter: durbin is, of course, referring to the clean cr, the version the senate has

already passed and which the house has continually rejected. it's kind of like a schoolyard fight, isn't it, jenna? jenna: except not quite -- well, i'm not going to go there. [laughter] i'm going to bite my tongue, doug in the meantime, we'll continue to bring the sound to our viewers. doug, thank you. >> reporter: you bet. jon: for more on the shutdown showdown, let's bring in bob cusack, managing editor of "the hill," and a guy who knows how these things operate on capitol hill. so, bob, there is this talk of bringing a so-called clean resolution which is, i guess, basically what president obama wants. it would be a funding bill, fund the government, wouldn't touch obamacare. there's talk it might get the support of about 175 republican members of the house. you throw in the democrats, the thing passes, right? why is that not of interest to speaker boehner? >> well, he wants to get something out of this. i mean, the government shutdown is one of the most high-profile

fights that we've seen in years, so he needs to get something. now, one thing the democrats a couple weeks ago weren't talking about, they wanted to have the cr fight, the funding fight and then the debt limit fight. but now both parties seem to agree that, well, if you can't get one done, maybe we'll just put them together and have one big deal. but what's in that deal remains to be seen, and that gets dangerous especially when you're dealing with the debt ceiling deadline coming up on october 17th. but that's what democrats say. listen, if you bring the continuing resolution to the floor, a clean one, it will pass. now, majority leader eric cantor just said that, listen, there's not a lot of democrats that are united on this because, remember, the government funding level, the clean cr would embrace the sequester. so some democrats don't like the sequester, and there might be a few defections on that side. the democrats are saying, listen, let's have the vote, let's see where it goes, and republicans haven't allowed that vote yet. jon: we have been showing pictures of the world war ii memorial on the mall in

washington d.c. the house apparently passed a bill that would fund the national park service to keep, you know, projects, to keep properties like that open to. fund the national institutes of health. it's the sort of very small, microtargetted bills that the house has now passed, and yet they are being criticized for doing so by the other side. what's that all about? >> well, it's interesting, jon. the memorial toast -- controversy has helped republicans. they're playing a tough hand here, but they're also active. house republicans have been passing a flurry of bills, and one of the things that was interesting about yesterday is that democrats had said we're not negotiating, you've got to pass a clean government funding bill, and then we saw an offer from harry reid -- it was rejected by republicans, but it was interesting that this no negotiation stance might have gotten some second thoughts from some democrats. and then you have, of course, president obama called the meeting at the white house. so it looked like from those two

steps that democrats were getting a little uncomfortable constantly saying no to the house republicans. the danger though, jon, is that if they continue to pass these bills, there are sent trysts in the house -- republicans like peter king -- who want the government shutdown ended today, and they may bring down a bill by voting against a procedural motion, and that could hurt boehner's leverage. how long boehner can keep the line on the centrists is one to watch. if there are 16 or 17 republicans who vote no, then republicans are going to be in trouble. so that's one to watch. the centrists getting really upset with boehner's stance because, you know, he's towed the tea party line here. jon: all right. but now that republicans and the house have sent over to the senate or will send over to the senate this bill that, for instance, keeps the world war ii memorial open, are democrats going to be willing to vote against that? >> that's going to be, that's going to be interesting. i mean, in this kind of situation this kind of like boxing fight, it's boehner who's

kind of jabbing and weaving, and harry reid is saying you're eventually going to come to me. i'm not going to come to you. but when you deal with red state democrats -- and that's a tough vote for red state democrats, especially those who are up in re-election battles next year, mary landrieu, mark pryor, that's going to be a campaign commercial. there are risks on both sides here, jon, and the stakes are, obviously, increasing every day. jon: you can almost hear the campaign commercial language right now for next year. >> indeed. jon: all right. bob cusack, thanks. jenna: a fox news alert, at least eight people have been killed, 14 ohs injured in -- others injured in a fiery church bus accident in tennessee. investigators say the bus blew a tire then hit an suv and a tractor-trailer. emergency officials described the crash as, quote: horrific. b. >> this is probably the worst

we've seen here, it's probably the worst i've seen in my career as well, and i've worked several, several counties in my career past 17 years. jenna: jonathan serrie's live from our atlanta bureau with more on what happened here. jonathan? >> reporter: hi, jenna. well, right now the investigation's focusing on one of those tires on the church bus at this early phase. investigators aren't ready to call it a blowout but say there was some type of failure or malfunction on the left front tire on that church bus. investigators say there were 18 people onboard at the time. that's within the bus' safe operating capacity, but they're taking the bus to a scale to get a more accurate weight. investigators also plan to look at service records for the bus to see if they lend any clues. the bus is owned by front street baptist church in statesville, north carolina. it was carrying a group of seniors home from the fall jubilee that's an annual gospel music event in gatlinburg, tennessee. listen. >> we are thankful for all of

the prayers and support that we've been receiving. it's been a tremendous outpouring of love and support from all around the community and beyond. >> reporter: the church bus veered across the median on i-40 striking a chevy tahoe and tractor-trailer rig before falling on its side. authorities say eight people were killed and 14 others injured. among the injured, seven are listed in serious condition. now, police say because of the nature of this fiery crash they're probably going to have to call in a team of forensic investigators from the university of tennessee to establish positive ids on the victims, most likely using dental records. jenna: yeah. our prayers are with the families involved, jonathan. thank you. >> reporter: certainly. jon: a small boat capsizes off the coast of italy sending hundreds of people into the sea. at least 100 are known to be dead, and the search is on for

any survivors. breaking details coming up in a live report. and the official cause of death released for corey montieth. it's been about two months since the "glee" star was found dead in a hotel room. a look at what killed this young actor. ♪ ♪ [ male announcer ] there will be more powerful storms. that's why there's new duracell quantum. only duracell quantum has a hi-density core. and that means more fuel, more power, more performance than the next leading brand. new duracell quanm. trusted everywhere.

jenna: right now we're going to take yo egypt. new clashes between supporters and opponents of ousted egyptian president mohamed morsi. the violence erupting at a march late last night after police say both sides threw rocks and fire bombs at each other. this comes as the egyptian government continues its crackdown on morsi's muslim brotherhood party, arresting most of its leaders and moving ith its court order to seize all of its assets and completely ban him from political activity. more on this clash in egypt as we get it. jon: and some new information

coming in now on that horrific shipwreck off the coast of italy. the boat caught fire and capsized early this morning. it was carrying about 500 migrants from africa, more than 100 dead now. many more remain unaccounted for. amy kellogg is arrive -- is live in london for us now. >> reporter: well, jon, this story is particularly dramatic because of the high numbers, but there is an ongoing humanitarian crisis really in italy between africa and italy because thousands of people each year are trying to leave africa to get to europe, most of them arriving on the shores of italy. and today in this case people tried to make sos calls, but there was no cell service at sea. the boat started taking on water, fuel spilled. someone lit a blanket fire as an emergency flare, and then the boat caught fire. people jumped off the boat frantically. most of the 500 who were onboard were from somalia and eritrea having made complicated and costly trips across the

continent to get to points relatively close to europe where they hoped to have an entire continent to scour for job opportunities. somalia is or is on the border of what's being called a failed state having long been terrorized by islamist militias, ander tray ya, according to amnesty international, has 50% of people living below the poverty line. people are also getting to northern africa from war-torn syria and some from egypt, libya and algeria are fleeing. the trip to the coast of italy is just about 70 miles across the sea, but the boats are often not seaworthy, some get lost, a lot of people die from getting sick and dehydrated and, of course, some do drown. pope francis has been trying hard to shed a light on this immigration crisis, he visited lampedusa condemning to what he quoted as the plight of

immigrants, and he called for a reawakening of consciences to counter this indifference. now, this, jon, of course, amidst -- as you can imagine -- a kind of growing political debate in italy about how to deal with the islamic perspective from an immigration perspective. italy, of course, has very high unemployment and is trying hard to take care of its own people, knows that it needs to deal with this humanitarian crisis but is asking the rest of europe for some sort of help. jon? jon: i was going to say, the situation in italy pretty economically grim, but for those folks it looks like a paradise. amy kellogg, thank you. >> reporter: exactly. jenna: coming up, one of the co-founders of twitter tweets at the new iranian president raising some eyebrows. we'll tell you what he asked and how the president responded. an interesting situation there on social media. plus, serious new concerns that despite a deal to dismantle syria's chemical stockpile, the situation there is only getting worse. we'll tell you how next.

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♪ ♪ jon: as we look outside our midtown studios in manhattan, there are disturbing new allegations against the syrian regime. according to activists there, government forces have been cutting off good supplies to one of the towns in that chemical weapons attack earlier this summer. more than a thousand people were killed in that attack. the u.n. claims more than half a million syrians remain trapped in towns like this, sealed off by the government, essentially being starved out by their own leaders, towns that are controlled by the opposition.

jenna: that plays into the next part of the story. new reports say that the cia is expanding a covert training program for so-called moderate rebels to help them regain lost ground in syria. however, sources tell "the washington post" it's not really enough to make a significant impact. this as there are growing concerns about the rise of extremist groups in syria and the threat they pose to the entire region overall. syrian rebels initially welcomed al-qaeda-linked fighters as allies in the war against president assad or their revolt. but now some opposition forces are turning on the al-qaeda groups for hutting their jihadist message and agenda ahead of the goal of toppling the regime. peter brooks writes in an op-ed piece saying, quote: jenna: peter brooks is also a former ca officer and former deputy assistant secretary of defense and joins us now with more.

peter, you know, we were led to believe that the chemical weapons take was the bottom of the barrel, so to say. this was the worst of the worst that could happen. but you say in your piece that the worst may be yet to come. why? >> yeah. well, jenna, i was bothered by the fact that people were kind of distracted by the chemical weapons deal. i mean, it's great that we're getting chemical weapons out of there if we can actually do it, but the killing continues. in fact, the assad regime picked up the pace of the war after the chemical weapons deal was cut. plus, you have the rebels on the other side that are not only trying to fight the assad regime, they're fighting each other. and the poor civilians are caught in the middle. we already have 100,000 dead, two million refugees are living outside of syria today, and many, many more people in distress. so we have no syria policy. it's still a mess, and we shouldn't let the chemical weapons deal make us feel good that things are better in syria. jenna: the story that jon read is one that really caught our

attention today in our team because that is the town where the chemical weapons attack happened. >> right. jenna: forces are now just starving out the town, and folks inside the village are saying we actually can't feed our families so, no, we don't have chemical weapons falling on us, but we're unable to survive. go back to the point about no broader policy in syria. it's a question you end in your article, so i'd like you to take us forward beyond it. what's our plan for the rest of it? what's our plan for syria overall? what should be the game plan? >> well, there's not many good choices left, unfortunately, jenna, because we waited so long. that washington post article came out at a very interesting time for us today because the fact of the matter is their assessment -- not sure this is the government's assessment finish but they say they're trying to help the moderate groups not to win, but just to force a stalemate that will force a political solution. i mean, syria is important to the united states. it's an ally of iran. i mean, it's a friend of

hezbollah, it's a state sponsor of terrorism. and my sense is that we just don't have a comprehensive policy for dealing with the trouble there. besides the whole humanitarian disaster and the chemical weapons. i mean, we really should have had a plan for a long time. now we don't have a lot of good choices. i have been calling and my colleagues have been calling for us to have developed a moderate secular force that could have supported american interests in syria years ago, and this washington post article is very, is deeply concerning. jenna: let me just read the line that you're mentioning, because it definitely stood out to me as well, peter. the cia's mission, officials said, has been defined by the white house's desire to seek a political settlement. so that's the news from "the washington post" today. i'm just seeing a headline cross right now from reuters, an international team of chemical weapons experts has made encouraging initial progress, the u.n. says on thursday. so some might say though, peter, we've had this discussion on our show that chaos is good for us,

let them continue fighting, then we don't have to get involved. i mean, that is one of the opinions out there. why do you disagree with that? that chaos is not good for us? >> well, i'm worried about the rise of the islamists, i'm worried about the rise of the terror groups, the islamic state of iraq and syria called isis, it goes by some other names as well. these are all al qaeda affiliates. and i worry about the lawlessness and the chaos and the ungoverned places that where these guys can plan, train and operate. now, if they win, i mean, i think there's a chance they could win, they could take over damascus. it's not good for us, it's not good for our friends in the region, israel, jordan, turkey. what happens if the assad regime wins? you're going to get a group there that's a state sponsor of terrorism and is likely to go back to trying to get nuclear weapons. remember, they had a nuclear program that was being built by the north koreans until 2007 when the israelis took it out. we have american interests in this part of the world.

you know, jenna, the president talks about pivoting to the pacific? well, he can't get out of the middle east because we have so many interests there, and we have to have a policy and plans for advancing and protecting american interests in that part of the world. jenna: peter, great to have you on the program. it's nice to touch base because we covered syria a lot, and for a couple days now being so involved with the government shutdown, we haven't talked about it ourselves, so it's nice to keep that on the radar. >> thanks so much. jon: secretary of state john kerry is out with new comments on iran. why he says the west is, quote, obligated to let iran prove it is not moving forward with a nuclear weapons program. plus, which state is now allowing undocumented immigrants to drive legally? and critics who say it is challenging the definition of what it means to be a u.s. citizen.

jon: new reaction now from secretary of state john kerry after the israeli prime minister stern warning not to trust iran. speaking at a news conference in japan today secretary kerry says the west has an obligation to give iran the opportunity to demonstrate it will comply with international demand on its disputed nuclear program. listen. >> i did not interpret prime minister netanyahu's comments as suggesting that we are being played somehow for suckers. i understood it to be a warning, don't be played.

jon: secretary kerry's top aide also weighing in at today's senate foreign relations committee hearings on iran. chief white house correspondent, i'm sorry chief washington correspondent, james rosen live from d.c. with that. >> reporter: i'm happy for the promotion, jon. thank you, and good afternoon. at this hour the top aide to secretary kerry just shed some light how far the u.s. it willing to go to meet iran's demands in ongoing nuclear negotiations. undersecretary of state wendy sherman told the senate foreign relations committee a few minutes ago that the obama administration would prefer that u.s. lawmakers not move forward with new sanctions on iran while washington tests the regime's seriousness in those talks. sherman said the u.s. might entertain the idea of easing existing sanctions but that the sanctions must largely in place until iran complies with international law. sherman's comments follow the stark speech to the u.n. general assembly this week which israeli prime minister benjamin

netanyahu who warned anew, that israel little take unilateral military action to prevent iran from getting nuclear capability. traveling in tokyo with secretary chuck hagel, secretary kerry vowed to exhaust all remedies before turning, quote to remedies that would square carry more consequences. >> it would be diplomatic malpractice of the worst order not to examine every possibility of whether or not you can achieve that before you ask people to take military action to do what you have to do in order to prevent something from happening. >> reporter: newly inaugurated iranian president hassan rouhani said that iran's supreme leader, the ayatollah khomeni invested him with the authority to negotiate the end the nuclear standoff. in tokyo, secretary hagel defended the very idea of talking with the regime. >> engagement is not appeacement. it is not surrender.

it is not a negotiation. but i think we are wise if the iranians have reached out, which they have, to in a very clear eyed way and we are, test their actions with their words. >> reporter: iran maintains that its nuclear program is solely for civilian energy use. jon? jon: james rosen in washington. james, thanks. >> reporter: thank you. jenna: certainly a lot of important things happen in washington but we are taking a look at twitter this morning and something caught our eye. tweets from the new iranian president hassan rouhani seeming to address a more progressive attitude towards censor ship. we'll see. twitter cofounder jack dorsey tweeted with the iranian president hassan rouhani on tuesday asking him when highs people would have greater access to social media, writing, good evening, president. are citizens of iran able to

read your tweets, question mark? president rouhani replaying, good evening, jack. as i told christiane amanpour, my people will access all info globally as is their right. jack dorsey tweeted back. thank you. please let us know how we can help make it a reality. interesting exchange. twitter is based out of san francisco, california. that is where our next story is. we'll see what happens winter net access in iran though. moments ago out in california governor jerry brown signing a new law allowing undocumented immigrants to legally drive on the state's roadways, just one of many similar bills in the state challenging what it means to be a u.s. citizen. claudia cowan is live in our san francisco bureau with more on that, claudia? >> well, jenna, california is already home to sanctuary cities, in-state tuition rates for illegal immigrants and protections against deportation. the golden state is challenging the very nature of citizenship

itself with a flury of bills giveing a non-citizens unprecedented rights. new laws mean illegal immigrants will be able to get a valid drivers license of the those here legally will get to staff polling places and could serve on juries if the governor signs that bill as well. another controversial measure would allow illegal immigrants to practice law. >> if you work hard, if you persevere and don't ever give up, you still can make your american dream reality independently whether you have the blessing being born in this country or not. >> reporter: brought to this country as an infant, he graduated law school, passed the bar exam on first try. he applied for legal residency. his supporters are urging the governor to sign ab-24 which would allah qualified applicants to practice law regardless of their legal status. >> sacramento we move to policy inclusion. recognize immigrants hard work and contributions to our economy. >> reporter: the package of legislation is advanced by the powerful latino caucus.

in response to the stalemate in washington over immigration reform and in recognition of the state's growing immigrant population. but critics say these accomodations go too far. >> it is unprecedented. the number of bills that are coming through to confer privileges that we previously only afforded citizens. >> reporter: in all state lawmakers have passed seven immigration related measures. the governor has already signed off on two of them and has 10 days left to act on the rest. jenna. jenna: a story we'll continue to watch, claudia. thank you. >> let's get a check what's coming up at the top of the hour on america's news headquarters with bill hemmer and alisyn camerota. >> to tell you what is coming up at the top of the hour, i'm calling in the expert. here is bill hemmer. hi, bill. >> mice microphone. >> thank you. >> day three of the shutdown. national security is a concern. who knew that and the obamacare issue is day three of that too. anecdotally how is going? we'll

gauge that. >> plus our two debate, the best things about obamacare and the two worse things about obamacare. wait until you hear that. >> see you at the top of the hour. >> see you then. jon: she made national headlines when she led a filibuster against a bill in her state that called for restrictions on late-term abortion. she is making a play for the governor's office, in a major shake-up that could see the state shift from red to blue. we'll look at that. disturbing allegations against the nfl. did the league cover up years of evidence about traumatic brain injuries. what the author of a new book has to say next. ooh, homemade soup! yeah...

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jon: well "happening now", some

disturbing new allegations against the national football league. it is accused of trying to cover up evidence about traumatic brain injuries. according to a new book, "league of denial quote, the nfl, concussions and the battle for truth. the nfl used its powers and sources the book says to discredit nearly two decades of scientific research that showed a direct link between playing football and brain damage. let's talk about it with jeff foster, sporeds editor of "wall street journal." jim gray is a fox news contributor and sportscaster. the league is doing an awful lot these days, jeff, to try to prevent these kinds of concussions but is it based on the history discussed in the book? >> the league itself admits it really didn't understand how severe this epidemic was and affecting all players. what the book accuses them they openly attacked and suppressed a growing body of research that

was saying just the opposite what their own doctors and their own committee was saying, which there was no connection between brain damage and playing football in the nfl. so obviously is incriminating and what they're doing now is a little bit after different story. they're openly making it their number one cause, number one case, to prevent brain injury in the nfl. jon: jim, the league just settled for something like 3/4 of a billion dollars with some 4,000 of its former players who say they have been exposed, to brain injury by playing nfl football. does that, does that end it? >> well it was a global settlement, at least that's what we're told it is and it should end it, yes. i'm sure these disturbing things that have come out now in this book are going to cause a lot more inspection and people to go back and examine everything that has taken place in the past and see how systemically this was and according to the book this was taking place and there was a

tremendous amount of denial and that they were putting people back out there. the one thing that you have to say is what we know now obviously we didn't know then and that can almost be applied to any area of medical science. jon: yeah. i mean there are a lot of things that we know now that we didn't know then. i mean i remember growing up as a kid riding around in cars without seatbelts for instance. some are comparing, jeff, the nfl with big tobacco and what it used to tell people about smoking and the safety thereof. is it really that bad? >> it is a little different in the fact that these were prominent public fixes that this was happening to. in terms of them not telling their players what the risks were, certainly, yes, of course. players would get a head injury, black out and be back on the field the next play. obviously that doesn't happen now but that happened for years. they were practicing in pads and hittings each other all the time and you could do head-to-head helmet hits and things that are

illegal now but all that was going on then and all that was causing more and more head injuries. jon: but, jim, one of the problems here that hardly any nfl player starts playing football in the nfl you start in high school or college or maybe even before that in peewee football. so how can the nfl get blamed for, you know, everything that happens in a sport that is sometimes dangerous? >> well they can't, they can't establish that baseline and that ultimately is why the players settled because who knows when it started. was it something that happened, like you said in peewee football or high school football or collegiate football or all the way up to the pros? that is why they took the settlement. the other thing the tobacco companies were selling something to the public. most of the players know the risk risks. you listen to almost all former players including mike ditka and many, many others who a lot of gridiron greats. they knew the risks. they wouldn't change a thing, they understand it.

when a guy got dinged in the head it wasn't manly or macho to stay out of the game. so aside from the fact of what the doctors may or may not have been telling from them or heighting from them, these guys wanted to play and understood what they were getting into. so a lot of this risk, the people who are involved know exactly what it is and people hate the tobacco companies. nobody hates the nfl. jon: that is absolutely the case. "league of denial" is the new book. it is really shaking things up but again they have made some changes in the rules to try to make the nfl safer and reduce many some of these collisions that have apparently caused so many injuries to so many players. jim gray, jeff foster, thank you both. jenna: there are many rumors swirling about this next story but we now know what killed actor corimon teach. the 31-year-old was found dead in a hotel room this summer. a look inside the coroner's report next.

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jon: right now, some closure for friend, family and former colleagues of cory montieth. a coroner has released the official cause of the young star's death. patti ann browne live from the new york newsroom. >> jon, fans were stunned this past delay when actor cory montieth was found dead in a heat tell. the star of the hit fox tv series, "glee" was just 31 years old. the coroner confirmed the initial finding that monteith died from combination of intravenous heroin and alcohol. when the canadian actor was found in his hotel room in vancan curvier they found a spoon with drug residue, hyperdermic needle and champagne. the coroner classified the

overdose as accidental. monteith talked openly about his struggles with drugs. he tried rehab several times and told "parade" magazine in 2011 that he was lucky to be alive. in addition to "glee", monteith standard in the abc show, kyle xy and movie monte carlo zelina gomez. he was dated co-star leah michelle. he was honored posthumously at "the emmy awards" last month. jon: patti ann browne, what a sad story. jenna: state senator wendy davis is expected to announce her candidacy for governor today. davis was virtually unknown nationally until earlier this summer when she landed in the spotlight for her 12-hour filibuster of the state aborings bill. got a lot of attention. casey stiegel is live with more. hey, casey. >> reporter: jenna, good to see you this is senator wendy davis's district. i have to say her campaign is being very tight-lipped about

what the major announcement is going to be today although other sources have confirmed she will be officially throwing her hat in the ring for the race of texas governor. just as you said, really before this summer, most people, americans, even texans for that matter did not even know who senator wendy davis was until that famous filibuster that nearly, 12-hour long filibuster in an attempt to stop the state's controversial abortion bill from becoming law. it later did in a second special session but some analysts are predicting that she will be able to mount a pretty nice campaign, though texas is still obviously a very red state. the political landscape here is gradually shifting. primarily because of the skyrocketing hispanic population. listen. >> anglos turn out at higher rates and vote 70% republican but hispanics though they turn out at lower rates vote 2 to 1 democrat. >> reporter: davis would be running against a pretty big name, texas attorney general

greg abbott, assuming they both win the primary, he is very popular among the gop here. currently serving as his, in his third term as ag but it will be a tough fight because the economy as most people know in texas did not suffer nearly as badly as other states during the recession, and republicans no doubt taking credit for that and full advantage of it. >> as governor of texas i will keep texas the number one place in the country for creating jobs. at the same time i will continue to push back against an overreaching washington-style government so we can continue to be the state that best represents freedom. >> reporter: it is important to note we did reach out to the wendy davis camp to talk about some issues facing texans prior to this big announcement and her campaign declined. i guess they want to keep everything under wraps. 6:00 eastern is when this is supposed to happen today. jenna, we'll be here. jenna: we'll look forward to

that, casey, thank you. >> reporter: yeah. jon: i was down in austin this spring. that place is booming. i know your husband is from there. jenna: that is beautiful city. that is where we got married out right side of austin, beautiful area. jon: facebook has the reputation for giving its employees job perks so good they don't want to go home. soon they don't have. coming up the amenities and the price tag attached to a new housing project. friend this.

bock -- facebook is shelling out money to build a community with nearly 400 units within walking distance of the headquarters. it is expected to interviews more housing in the pricey northern california unit. it is also the city's first major apartment addition in 20

years. sports bar, and a pet spa and a yoga facility. >> just the basics. >> you got to have all of that in california? >> it is necessary. thanks for joining us, everybody. >> america's news headquarters starts right now. >> starting with a fox news alert for you. day throw of a government shutdown and they are at it again. president obama placing the blame squarely on the shoulders of house speaker john boehner. i am allyson camerota. >> and i'm bill hemmer. day four and they are only talking and finger pointing and name calling as well. here is the president an hour ago on that. >> the thing thing preventing people from going back to work and basic research starting up