martha: so -- bill: so? martha: you going to see "gravity" this weekend? i will bring you my review on monday. "happening now" starts right now. bye-bye. jon: breaking news on the gridlock in washington. but right now some brand new stories you will see here first. jenna: information on the disappearance of madelyn mccan. phone records helping identify new suspects this cold case. the partial government shutdown how it is impacting the governors race in virginia. a minnesota mom is suing her former boss allegely firing her after she posed for "playboy." does she have a case? our legal panel weighs in. it is all "happening now." jenna: here we are at day four. jon: count them, one, two,

three, four. jenna: did you expect it to go this long? jon: i think it will go almost to the 17th. that is my big prediction. jenna: maybe we can do a crew pool on that but it is a big question how much longer the shut down is going to last. hi, everybody, great to see you on this friday, i'm jenna lee. jon: it is friday, that is the good news and i'm jon scott. no signs of progress on capitol hill where house republicans are proposeing a stopgap measure to keep parts of the government running. senate democrats will not bite saying you can not pick and choose. this kind of thing could go on for weeks as both sides consider merging budget talks into the deadline for raising the debt ceiling. john mccormick, is a staff writer for "the weekly standard." john, a lot of things can changeover night. where do we stand this minute? >> right now things haven't changed much at all. president obama has refused to negotiate whatsoever. senate democrats have refused to hold a vote on stopgap measures. in 1995 when newt gingrich was

in charge in the house, bill clinton and he agreed to stopgap measures. harry reid said absolutely no way. i will not allow a vote to fund the national institutes of health which would pay for children's cancer treatments or even for veterans affairs programs. so really we've seen much more gridlock than we have in the past. we just don't see a way out right now. jon: speaker boehner apparently originally thought that the, that he had more leverage by working with the debt ceiling. he was encouraging his caucus to go along with getting the continuing resolution passed. and save their powder until the debt ceiling resolution comes up in a couple of weeks. now they're talking about combining both? >> that's what everyone is hearing and we're expected to hit the debt ceiling somewhere close to october 17th as you said. there has been some talk of a grand bargain but that probably isn't the best way to describe it. what they're talking about trading longer term entitlement reforms in exchange for raising

short-term spending, discretionary spending. small changes of things like the way they calculate inflation for social security, some very modest things for medicare. but again the problem remains, unlike 2011 and even earlier this year, president obama doesn't want to negotiate at all whatsoever. jon: wait a minute. president obama says he has bent over backwards to meet republican demands. >> he says that, but if you go back to 2011 he agreed to spending cuts to keep the government running. during the debt limit he agreed more on january 1st, 2013, so-called a fiscal cliff taxes would rise across the board, he wanted to raise taxes above 2 a thousand a income. he ended up making a small compromise at 400,000 and made that permanent. nun r unlike those instances president obama is not considering any compromise whatsoever. jon: when republicans pass small bills and send to the senate and would keep open as you say, national institutes of health, veterans memorial in washington,

d.c., that kind of thing, senators say no because you can't pick or choose, what are they actually saying? >> just a question of whether one side will break first. i think that, it does put democrats in difficult position but right now they're standing firm. even mary landrieu from louisiana, she is up for re-election in 2014. she emphatically opposed. we can't choose between funding something like contractors at lockheed martin which the big company or funding the national institutes of health. i think that is difficult argument to make but we'll see how it plays out over the next few days. jon: the democrats and you know, president obama has said that republicans are being held hostage by one wing of the minority party but it is bigger than that, isn't it? >> i think it is bigger. i think that john boehner, he's always relied on democratic votes to get a deal. each of those three deals i mentioned where president obama compromised, john boehner compromised, he relied on democratic votes to pass the bills. the issue he doesn't want to be completely humiliated and not

get anything whatsoever in exchange for funding the government and raising the debt limit. they negotiated in the past. what's changed? harry reid and chuck schumer were asked the question yesterday. they said, well the president won re-election. the problem is the house republicans hold the house so there is gridlock. jon: john mccormick, "weekly standard." see if it changes today. if it does, get right back to us. >> will do. jon: thanks, john. jenna:hundred thousand government workers will not be paid during a partial shutdown but congress is still receiving paycheck, that is in fact a law they have to. however some lawmakers are either refusing to pay or donate it. at least 120 relationships and senators are not takeing a paycheck, that includes 59 republicans 61 democrats. most of the congressional leadership is joining effort as well including senate majority leader harry reid, house majority leader john boehner and senate minority leader mitch m. still waiting on nancy pelosi on that. lawmakers in the house and

senate earn a basalry of $174,000 per year while other leadership roles earn more. the president is also getting paid but as we just said, jon, part of the law. it is constitutional. it is mandatory spending. they will continue to get their paychecks unless they say they don't want them. >> none of them seem to be doing their jobs right now. we'll let the people decide that question. the shutdown impacting politics far beyond washington. it suddenly become the so-called october surprise in the hotly-contested race for governor of virginia. polls show a tight race between republican ken cuccinelli and democrat terry mack call live. both men are linking the other to the mess in d.c. chief political correspondent carl cameron is live in washington. let me guess, carl, each is blaming the other for this shutdown? >> reporter: bingo. this is hottest election battle in the country. the election is month away. just across the river from the potomac. shutdown and battle over

obamacare are a very big deal. because of 800,000 furloughed federal workers jenna was talking about, that's a big deal but in virginia, even more so, 170 of them live and vote in the old dominion. democrat terry mack call live is running two attack ads slamming cuccinelli for opposing obamacare. it slams his alliance with texas senator ted cruz who will campaign with and for cuccinelli nelly in virginia tomorrow. >> going right over the brink. >> you get more ted cruzs to back up jim demint you have less to worry about. >> reporter: old sound bites from ken cuccinelli about this battle. cuccinelli has a radio ad laments against the shutdown. he think it's a bad idea. what does he do. point the finger at mcauliffe, the democrat. listen. >> we'll play that sound? >> reporter: i think so. no, maybe not.

>> dealing a blow to thousand of virginia families all because washington politicians failed to come together to find solutions and terry mcauliffe deserves part of the blame. >> reporter: this afternoon, ken cuccinelli who was the first attorney general in the country to file suit against obamacare will hold a roundtable with doctors and nurses and health care providers in virginia, many whom think obamacare will not lower costs for them ore for their patients and hurt quality of care overall. they continue to fight tooth and nail on this, neither side giving. jon: obamacare a big issue for cuccinelli. what about the shutdown? is it going to tip the race one way or the other? >> reporter: it could. the race is very, very tight. polls indicate, essentially within the margin. mcauliffe had a lead of 4 to 8 points for couple months. it is last month. races always get tighter. undecided are five to 10%. they will make up their minds. this is a big one. anything can turn this race. it has been relentlessly nasty. turnout is low.

if anyone can be motivated for the either one of candidates for health care and government shutdown it could make a difference. it is that narrow. jon: we'll see if the government is open by the time they vote in virginia. carl cameron, thank you. jenna: fight over obamacare is playing central low with gridlock with house republicans seeking to cut off funding or delay its rollout. some brand new "fox news" polling, showing a mart jo of americans, 5% favor delaying president's signature health care for a year. that opposed to 41% who think it's a good idea to cut off funding. jim angle in washington with more. hi, jim. >> reporter: hello, jenna. reports around the country that show the health care exchanges supposed to be up and running by october 1st, are open but limping as we get to the end of the week. state and federal officials are working on fixes and the administration can not say how many people have signed up for insurance. meanwhile as you were pointing out, a new fox poll shows that

54% of those asked would like to see all or part of the law repealed while a healthy of majority people prefer the old civil to obamacare. 76% said they're happy with their current health care coverage while only 11% are unhappy. and by a 52-36% margin, people said the pre-obamacare system would be better for their family than the new law. why? perhaps the experience of tom from seattle helps explain. he recently got a letter from his insurance company explaining what will change when obamacare takes effect. listen. >> my premiums would increase approximately 61%. i went from $891 a month to $1437 a month. and, also my deductibles all doubled. >> reporter: now the letter from the insurer also said his current deductible for family of five would double from $4,000 a

year, to $8,000 a year. that is for the least expensive option under obamacare. he says his additional payment of $550 a month will give him a plan is no better than what he has, except he said, it carry as benefit his family doesn't need, maternity and newborn care. listen. >> well in my case my wife is 58 years old and our youngest child is soon to be 18. that, we'll be having no more children. that is not a benefit that we would ever purchase nor need or be able to use. >> reporter: now it is the addition of benefits that obamacare requires in every policy that drives up the cost, which is also raising questions about how many young people will decide to buy insurance which is critical to the success of the program. jenna? jenna: interesting personal story there, jim. thank you very much. >> reporter: you bet. jon: a fox news alert. we are hearing right now from the republican leadership in the

house of representatives, a number of them have taken to the microphone there to talk about this government shutdown and all of of the questions underway in washington. one of the headlines is that the speaker of the house, john boehner, is telling his party that reports that he would rely on democrats votes to pass a debt limit increase are not accurate. some have been suggesting that because of some rebellion within the republican party, that john boehner might turn to democrats try to get something passed. he says that is not the case. not true, according to the speaker of the house. let's listen in for a moment what the republicans are saying this morning. >> and what we need is for a dialogue to begin with the democrats in the senate and with the president. these bills that we're working on, this legislation, it is an area where we should be able to start finding some common ground so we can have a dialogue over the other big issues that face this country, that the american people want to see us address.

>> i reminded, i reminded the president the other night that he is famous for saying, well you know in a negotiation nobody gets 100% of what they want. we're not going to get in this one either. yes, sir? >> mr. speaker, you got a debt ceiling coming up in the next couple weeks and what we're hearing about in conference, you guys focused mainly on the cr. a, is that true, solely on the cr? and b, to what extent would you be willing to look at temporary debt ceiling increase given there is little time to resolve those issues? >> the issue right now is the continuing resolution to open the government. all we're asking for harry reid to appoint conferees so we can sit down and have a conversation to bringing fairness to the american people and getting our government open. >> mr. speaker, you've been quoted before saying that you do not want, that you want the debt ceiling to be raised. you do not want the u.s. to default. democrats are interpreting that

saying at 11th hour when the president refuses to negotiate on the debt ceiling you will run a clean debt ceiling bill. can you be clear as where your conference is on the debt ceiling? you. >> all heard me say this going back over the last two or three years. our goal wasn't to shut down the government. our goal here was to bring fairness to the american people under obamacare. i don't believe that we should default on our debt. it is not good for our country but after 55 years of spending more than what you bring in, something ought to be addressed. this year we'll have more revenue than any year in the history of our country yet still have a nearly 7 hundred-billion dollar deficit. and i think the american people expect if we're going to raise the amount of money we can borrow,' we ought to do something about our spending problem and the lack of economic growth in our country. >> is this shutdown, this showdown about the affordable care act? is it about the budget deficit? what, why is the government shut

down right now? >> we sent four bills to the united states senate. four different positions trying to soften our position to get the senate interested in keeping the government open and bringing fairness to the american people under obamacare. it is as simple as that. >> last question. >> mr. speaker we've seen a lot of reports how there is sniping personality sniping between you and democrat leader and president. >> no, no. that is just not true. that is just, listen, that is not true. now, most of you have dealt with me for sop time. i might sniped at luke once or twice but i have very good relationships with all of my colleagues across the aisle. it's me and maintaining these relationships is critically important. all i'm asking for is let's sit down, like the american people would expect us and talk to one another about getting the government open and dealing with

the significant problems that we face. >> what about a grand bargain? >> you said you care more about your job than your country. >> congratulations, guys. [inaudible conversations] >> so there you heard it from the speaker of the house, john boehner. he says he does not want to see the government shut down. does not want the government defaulting on its debt, which it will do october 17th if something doesn't change. he says democrats have to meet republicans halfway. so far there doesn't seem to be he says any sign of interest on the part of the democrats in the senate or the white house. we'll continue to cover this battle here on "happening now" and fox news. jenna: but they get along great. jon: yeah. personal relationships, they're just like this, you know? jenna: well, that's what they say. actions may speak louder than words. we're just presenting it for

context. jon: take it at face value. jenna: looks like they will be open for business this saturday and sunday trying to figure things out. here are a few other headlines we're watching today. some new information on the murder retrial, retrial of amanda knox. the second hearing wrapping up in an italian courtroom in a new trial with a convicted mobster on the stand telling the court, knocks was not responsible for the murder of her former roommate back in 2007. instead, the man placing the blame on his brother. prosecutors say knox and her former italian boyfriend were accessories to the murder of meredith kercher and both were convicted and spent four years behind bars before their convictions were overturned by italy's high court on appeal. jon: we're learning new details about a crazy scene that unfolded on capitol hill yesterday afternoon. a woman leads police on a wild car chase through the streets of washington after trying to ram her way through a check point leading to the white house. that sparked a chaotic scene and chase through the heart of the

nation's capitol with police and secret service in hot pursuit. the whole thing gets ended and the car gets stuck and the woman is shot dead, all of this with a one-year-old child in the car. catherine herridge is in washington. catherine, what are we learning this more r morning? >> reporter: fbi agents were on the scene at marion carey's condo in connecticut. based on information at fox they left after 8:00 eastern. they're gathering her electronics including phone records as well as computer web histories to piece together what she was doing before she drove 265 miles from stanford to washington, d.c. as fox first reported last night, carey drove her black lexus through a white house security barrier. she engaged with a seat service agent. woe don't foe what happened, she rammed barrier with the secret service thrown up on the windshield. the fbi agent formerly with the

joint terrorism of course force says that conversation between carey and secret service agent is key. >> that will be telling tellingr mind set was when she got there she could have been in a state where she felt it was her duty to talk to the president in her mental state, and then when he said something that set her off. >> reporter: carey's sister posted a message on facebook about eight hours after everything unfolded indicating the family was taking it all in. they were waiting for official notification from law enforcement and asking for privacy as the family works through what happened. it reads in part, quote, there will be many people giving versions of their stories for the 15 seconds of fame involving my beloved sister, miriam care re. we ask you respect our privacy at this time while the investigation is underway. the consider c. it footage is reviewed in the area. this is part of the city where there is high volume of those

cameras. jon: it really is a sad story, but what about the reports that miriam carey got out of the car. >> reporter: we're looking this morning at three crime scenes. we have carey's home in connecticut where fbi investigators are trying to piece together or reconstruct her movements prior to coming to washington, d.c. also we have what amounts to a crime scene at the white house where a congressional source told us shots were fired by the secret service at carey after she rammed her vehicle into the security barrier. we have the third crime scene near the capitol building where the chase ended. if you were watching the situation unfold yesterday here on fox news you saw these pictures that were sent in by a frequent guest on the channel whose office overlooks 2nd and constitution. that is the intersection approximately where that chase came to an end. >> the windows, side windows, back window i believe were all blown out. the front window was fine. looks like obviously they were firing in. it doesn't appear like there was

any kind of confrontation outside the car. >> reporter: there had been some reports, late last night into this morning that carey may have gotten out of her car but based on that photo and that eyewitness account that does not seem to be the case, jon. jon: as i said before a very sad and very strange story. catherine herridge in washington. thank you. >> reporter: you're welcome. >> prosecutors filing new charges against a woman for killing her new husband by pushing him over a cliff. now she could be facing life behind bars. plus a major disappointment for world war ii veterans locked out of the cemetery at normandy beach because of the government shutdown. we have a live report on that next. >> across the english channel, the allied ships and craft steamed. d-day, directed by general eisenhower here with general bradley was underway. with a sky armada to soften up the atlantic wall that hitler's nazis had built to thwart an allied invasion of fortress

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jenna: well right now a montana woman accused of killing her new husband by pushing him over a cliff is facing some new charges. in fact she is back in court today. quite a story. harris faulkner has more for us. harris. >> reporter: yeah, actually the bride admitted she pushed her groom. now the details attract ad list of charges including first-degree murder. that's new, second-degree murder in makeing a false statement to the police. according to the complaint the newlyweds were arguing on july 2nd. then they decided next day to go hiking in glacier national park where they continued to fight. according to her he grabbed her by the arm and out of anger she pushed him an he went off the

cliff. now the stakes are higher because of increased charges. was this an accident. prosecutors are going after 22-year-old jordan lynn graham for murder in the first degree. they say graham told friends she and her husband of only eight days were not working out. that she had doubts. so did she plan to kill him? friend who introduced the couple together more than two years ago, says over time graham was forcing 25-year-old cody lee johnson to become more isolated from his loved once. >> cody was putting everything into the relationship. he put 110% all the time. really we weren't quite sure if she felt the same way. >> reportedly prosecutors safe among the evidence is a message graham sent to a friend saying she was going to tell the groom she had doubts about their marriage. that text said, dead serious. if you don't hear from me at all again tonight, something happened. jordan graham is due to be form formally charged in u.s. district court in missoula,

montana. jenna: a story we'll continue to watch, harris, thank you. >> reporter: sure. >> the beaches of normandy were conscripted by the blood of our heroes, british, canadian, pols, french and american. gis by far the greatest number. over a stretch of 60 miles the battles raged and omaha beach took its place with gettysburg and valley forge in our history. jon: probably the key battle in the push to free europe from the grip of nazi tyranny, staining the beaches with american blood on d-day. german troops couldn't keep our brave soldiers from storming the beaches at normandy but the government shutdown is keeping american veterans and tourists from visiting this sacred ground. greg palkot live in normandy, france, now. greg? >> reporter: hey, jon. we are thousands of miles from washington but government shutdown even affecting here, the american cemetery memorial

in normandy. as you can see by the sign, this memorial, this cemetery, is closed to the public. beyond me, there is something like 9300 graves of u.s. soldiers who died, mostly at d-day. the land here was deeded to the u.s. by france. washington is picking up the bill. so we have the closed down of this site. and so we have a lot of upset and disappointed people who have come here, americans, who planned this trip for months, years. maybe thought about it for a lifetime, couldn't change the plans, again very disappointed. listen to what a few told us. by the way, many of these veterans of other wars. take a listen. >> should the spirit that was shown here many years ago, maybe be shown a little more in d.c. >> these guys all died for the freedoms we've got and now we can't even get in to pay our respects to them. where is that now? where is that ethic? >> they have lost touch with what the basics were and what

these people gave and what sacrifice really is, you know. >> we come all the way to visit this place. this is place of honor and you can't even get in? >> i do hope the politicians back in washington pull themselves together and get the problem solved quickly. >> reporter: again, because of this shutdown, the visitors are not able to see the graves but they are able to work their way around the cemetery and see the vast expanse of beach that was a killing field in june 1944 for some brave americans. again, we are with some veterans and they were in fact trying to plot their own invasion, off the beach up the cliff to the cemetery to pay their respects. they can't understand it. the locals we talked to can not understand it. we talked to a frenchman at a cafe, this is impossible. cemeteries are meant to stay open. by the way, jon, there is at least one cemetery open in the area, the cemetery for german soldiers killed during d-day. we understand that one tour group substituted this stop for

a visit there. back to you. jon: hmmm. greg palkot in normandy, france. greg, thank you. jenna: on that news we were talking about the ways to reconcile the shutdown, we talked a little bit about the grand bargain, a big deal that would bring all sides together or mini spending bills the house is attempting to pass. later today the house will pick up a spending bill just to fund fema to try to get that to the senate to pass. and that is what they're attempting to do to keep different parts, slivers of the government open. the white house issued a statement on that approach saying that the administration strongly house passage of piecemeal legislation that restores only limited activities. consideration of appropriation bills in this fashion is not a serious or responsible way to run the united states government. the house of representatives should reopen all of the government. so that is the message coming from the white house today. some may say that's all or nothing approach. you have to get some big deal. the other strategy of course,

are these mini deals. can we work on those? we'll see what happens as this continues. jon: it would seem that the white house would know that they have a role in opening the government as well as the senate. it is no the just the house. jenna: statement i read actually said the house of representatives. jon: that is curious, isn't it? i thought all three were involved? the obamacare exchanges are live now so how is the mainstream media been handling the rollout. and has the government shutdown impacted the coverage? plus tropical storm karen setting its sights on the gulf coast. right now multiple watches are in effect. our fearless meteorologist maria molina is tracking karen's path. as we head to a break, a live look outside of our beautiful studios here in midtown manhattan! we'll be right back. [ woman #1 ] why do i cook?

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jon: right now a quick look what's ahead. more than 40 people named persons of interest in the disappearance of little madeleine mccann. the british toddler vanished during a vacation to portugal in 2007. we'll show you new information that is driving police to some potential suspects. a traffic stop turns into a

gunfight on the side of a busy highway. more incredible footage from the shootout plus what happened to that driver. a mom gets herself fired after posing for "playboy." now she is taking her former employer to court claiming she had permission for the whole thing. our legal panel weighs in. jenna: now to a fox news weather alert. tropical storm karen on a collision course with the gulf coast. a hurricane watch is in effect from louisiana to the florida panhandle with forecasts showing karen hitting this weekend as either a tropical storm or maybe even a hurricane. meteorologist maria molina is tracking karen. karen sounds like a nice name for a storm. how could it be bad? >> ks sometimes have been historically bad storms. you remember katrina. jenna: how could you forget that. >> karen doesn't appear anything like katrina. fortunately it's a weak storm. we have things working against

karen as far as intenseification process. we have strong wind sheer across the gulf of mexico. that is helping to blow a lost thunderstorms away from the center of circulation. most of the storms are east from the center. that is good news. we want wind sheer to help weaken the as tropical storm. we have a lot of dry air across northwestern parts of gulf of mexico. that dry air is working its way to the center of the storm system and helping to weaken it. it is still currently a tropical storm. maximum sustained winds of 50 miles an hour. we're expecting a lot of heavy rain, locally 10 inches or more of rain will be possible along areas with a hurricane watch in effect specifically parts of grand isle in louisiana and farther east to just west of destin, florida. another concern of course is storm surge. one to three feet is possible out here. here is a look at the forecast track as we head into this weekend. that's when we expect the storm system to make landfall across parts of the gulf coast and eventually it merges along a frontal boundary and produces

more rain as we start off the work week coming up on monday across of the parts of the southeast. so get the umbrellas ready. if you live along the gulf coast you should be making preparations now. jenna: could be something bad but -- >> flooding will be a problem. you could see wind gusts in excess of 50 miles per hour. stay safe. take it seriously. hope for the best. >> hope for the best, prepare for the worst. >> thank you, jon. can always count on you. jenna: when is, jon, will know anything that is ever, you looked right at him and he delivered, maria. that is our jon scott. >> i will keep an eye on it. jon: please do. >> so the obamacare exchanges debuted this week as you know. the rollout is overshadowed by the partial government shutdown. let's look how the rollout is going. depends which media outlet you ask. judith miller, pull lit sear

prize winning reporter and fox news contributor. lynn sweet, washington bureau chief for "the chicago sun-times." is there enough pages for both of the stories. you have a partial government shutdown. you have the obamacare rollout. which one is, let's focus on obamacare. is it getting coverage it deserves? >> well what is interesting is the amount of local coverage it is getting because for many states it is a state-federal partnership or a state-run program and it's a story a lot of local reporters know it is very important. so yes, there is tremendous capacity to do two at one especially when you look at local outlets the rollout of obamacare is something that has an immediate local effect and it isn't, i think, overwhelmed bit shutdown politics in washington. >> you know, looking, short term is different from looking at this thing long-term, judy. that will jobs for the media.

short term there is an interesting story that came out of "the washington post." a woman named nancy jean bigel, i believe that is how you pronounce it, was trotted out into the rose garden by president obama as one of the people who would benefit from obamacare. and she told "the washington post" she tried for two days to sign up and couldn't do it. so she finally gave up. >> right. the computer glitches, jon, are made-for-tv. they're a conservatives dream. because they supposedly highlight that is everything wrong with the program. but liberal media are saying wait a minute. the reason you're having so much computer glitches there is overwhelming curiosity about and demand for obamacare and 4.7 million people on the first day just overwhelmed system. people like paul krugman are also saying, you know, look at this, medicare part-d, which is now one of the most popular parts of the program, had unbelievable glitches, a

disasterous start and now you can't touch it. it is a sacred cow. everybody is saying give it a break. let's see. watch it. conservatives are saying no, this thing is a disaster. the real question, the question media ought to be asking, will young people, healthy young people sign up in sufficient numbers to pay for this system? jon: that is the question, lynn. it is one thing to have people clicking on the page and checking to see what their prices are going to be but a lot of those people found out what it would cost them they walked away. it's, the number of clicks on the page isn't necessarily the number of people signing up. >> well, actually, and judy, i would like very much how you framed the debate and appreciate it that this is an unfolding story on it. now, this is, insurance is one of the most aggravating things in life for anybody to deal with. reading your policy, you could tear your hair out. who hasn't, who could keep sane doing it. and it is a tough thing.

if you're talking about somebody who has no insurance at all, then there's, then there is, just, it would seem the self-serving incentive to, to insure your economic and fiscal, your fiscal future and your health future. so that is kind of a different category. and i think a lot of stories happening out there about the campaigns to get used to sign up. here is what you should be looking forward to though. i think the federal government and the state governments are holding back on the massive marketing and ad campaigns that will be coming out, maybe they knew that to wait there may be glitches in the rollout which there are. this is, and when you mentioned this "washington post" woman who couldn't sign up, i bet she will as time goes on because you have a window until mid-december to sign up. >> and we'll see whether the media -- >> in the first wave. jon: whether the media have the wherewithal to cover this thing as it goes along because it is

obviously more, a bigger story than just the opening day of the opening week. lynn sweet, judy miller, thank you both. >> thank you, jon. jenna: other news, quite a turn to britney spears, why not? why not have a little news on britney, right? she is looking to redo her image. jon: really? jenna: a kinder, softer side of the pop deif view is today's "fox 411". we'll bring you that next. plus dash-cam video after routine, very routine traffic stop that take as frightening turn. we'll tell you how this all went down, next.

great. this is the last thing i need.) seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch. for brakes, tires, oil, everything. (whistling) see who does good work and compare costs. it doesn't usually work that way with health care. but with unitedhealthcare, i get information on quality rated doctors, treatment options and estimates for how much i'll pay. that helps me, and my guys, make better decisions. i don't like guesses with my business, and definitely not with our health. innovations that work for you. that's health in numbers. unitedhealthcare.

jenna: britney spears is looking for some balance. aren't we all really though? jon: it is tough to be britney. jenna: she is looking for balance between being a pop diva and a mom by giveing a family-friendly remake to the latest video, relatively speaking of course, depends how you define family friendly, right, julie? >> reporter: what is the world coming to? britney spears wants to tame down her sex appeal? in the latest s and m whip cracking video. she cut out most of racy stuff to be family friendly. she tells a boston radio station fans didn't see half of it, oh, my god we showed way more skin and way more stuff for video than was actually there. i cut out half the video. i'm a mother. i have a children. and it is hard to play sexy mom while being a pop star as well. that is me trying to be britney. case in point her sexy

strip-down in the vmas in the year 2000. who can forget it? that kiss with music legend madonna at vmas at 2003. all this happened before she gave birth to her two boys. that is then, this is now. being a mom to 8-year-old sean and 7-year-old jayden. now her number one role is being a mommy. she has to focus on las vegas residency at planet hollywood she announced in britney fashion with a big event in the desert. clearly she knows how to create a speckel. when it comes to shocking with sex appeal, if britney is looking to calm it down, it is clear recent collaborate or miley cyrus is clear taking over that spotlight. that video is still plenty sexy and she sometimes wishes she could go back to the good ol' days. we'll never forget britney, right? jenna: she is britney. she looks great. she looks great. >> reporter: she really does. i have had two children and not do a music video.

never. jenna: you never know. >> reporter: should do a "happening now" music video. jenna: we'll take that into consideration. you know they're wrapping us in the control room on that note. >> reporter: i forgot we're not supposed to be talking. jon: a mom loses her job after posing for "playboy." jenna: where is this show going? that is the question. jon: she claims she cleared the shoot with her boss first and now she is suing her former employer. does she have a case? our legal panel weighs in, coming up.

jenna: well a minnesota mom is suing her former employer. jessica zelinske says she was fired after posing for

"playboy." these are not the playboy pictures this is previous modeling photos. these on the screen. she was fired bier employer, this woman, despite clearing it with her boss, she said, to appear in "playboy." when she was on the cover, the boss handed her a pink slip. fred tecce, former federal prosecutor is with us. nice to have experts on this. >> thanks for having me. jenna: fred, does she have a case? >> you know what, jenna, i think she does have a case. the legal term is waiver. she called, asked for permission and they gave it to her and turned around and fired her. she told them she would be in "playboy." wasn't like spinsters with a collar up my chin. for really up tight people like me i have a yearly subscription. they knew what was coming. so i think, quite frankly yes, she has a very good case. jenna: phil, she said she had the conversation with the boss,

we don't know if she had written permission or anything else. does that factor in here at all? >> it does. come on, fred, this is publicity stunt. minnesota is@will state. they can fire her for any reason as long as it is legal, race, gender, age. this case is garbage. >> it doesn't have to be written waiver. come on, she, reasonable relying, went and appeared on "playboy." you're right, i put in 114 calls to her. left her 111 messages. i don't really know all the facts. jenna: listen -- >> my interest is purely legal. jenna: we reached out to charter media, that is one of companies she was working for for a statement where she said her boss fired her unfairly. this is what they said. we can't comment with pending litigation. however charter complies with all applicable employment law and denies any wrongdoing.

phil, how someone can be fired and not. say, for example, jon gets permission to appear in men's health. fox says, that is great, we'll be in "men's health" magazine. what fox doesn't know that jon appears shirtless on the cover of men's health can fox take the permission back even though they said it was okayed but it wasn't what was expected? >> it all depends on what agreed upon. charter is saying we don't know what you were talking about. we never agreed to you appearing in "playboy." she said yes you did. now it's a he said/she said and i think at end of the day they will rely on minnesota is an at-will state and they can do pretty much what they want to do. jenna: fred. >> i had this vision of jon without a shirt. >> that is distracting, i know. >> i know. focus, fred. focus. the point is you can't tell somebody it i okay even in at-will state an turn around after she reasonably relies on

that and pull the rug out from underneath her. >> that is correct. she didn't ask them and they didn't give her permission. >> god made juries. >> why fire somebody being in "playboy." she is in sales. come to florida. she will find many places for employment. jenna: she is asking for $150,000. we'll see what actually happens here. you know in the case and we'll have you both back. fred, phil, thank you very much. appreciate it. a highlight today. >> have a good weekend. jenna: jon, it would be good publicity. jon: if i get the men's health gig, i let you know. jenna: if they say yes, can they say no later? jon: i don't think fox wants me there. new demand for bipartisan talks to reopen the government. house speaker john boehner is calling on democrats and the white house to negotiate with republicans about ways to end this shutdown and address problems with the president's health care law. also brand new details about the violent confrontation involving a young family and

motorcycle gang in new york city. talk of an arrest.

jenna: new developments on our top stories and breaking news this hour. jon: the government is partially shut down, but lawmakers are talking and talking and talking. will any of it help them come to an agreement on the budget and raising the country's debt limit in the clock is ticking closer to the another deadline. tropical storm karen could reach hurricane strength, and folks are not taking any chances. a state of new hampshire for louisiana -- emergency for louisiana, we have live in new orleans. and, hey, it's friday, maybe time for a glass of wine after you get home from work. jenna: sure, why not? jon: why not? but a new study says the way you pour the wine might affect how much you drink. it's an interesting study. we'll explain all "happening

now". ♪ ♪ jon: well, a couple of developments to tell you about in washington. will they lead to something? we're not sure. the senate is back in session, and president obama has can eled the entire -- canceled the entirety of his trip to asia. jenna: hi, everybody, i'm jenna lee, another deadline is fast approaching over our nation's debt ceiling, so we're watching for that next. a new report says speaker john boehner will do everything he can to stop the country from going belly up on its bills, but that debt clock continues to tick away as we get closer to that on the 17th default -- october 17 default deadline. by the way, that's a deadline that the treasury put out as saying this is where we think we're going to need to raise the debt ceiling, but it's fluid. i hate to use that term, but that's the truth. "the new york times" says it appears speaker boehner has been telling his colleagues on the hill he'll use a combination of

republican and democratic votes to increase the debt limit, if necessary, and avoid the financial tailspin. but in the meeting today, the speaker denied he would use those votes, and this come as the battle continues to devolve into more political finger pointing. >> we cannot reach the debt ceiling without structural reforms. right now the federal government is partially shut down because harry reid and barack obama have forced a shutdown. >> the single greatest threat to our economy and to our businesses, like this one, is not the afford affordable care act, it's the willingness of the republicans in congress to stop refighting a settled election or making the demands that have nothing to do with the budget. they need to move on to the actual business of governing. >> he will not negotiate. at some point we've got to allow the process that our founders gave us to work out. >> some recent stories have even suggested that the speaker's keeping the government shut down

because i hurt his feelings. if that's true, i'm sorry that i hurt your feelings. [laughter] jenna: a sincere apology? i don't know. they all agree on one thing, that it's somebody else's fault. our chief congressional corps responsibility, mike emanuel, is live on capitol hill. so, mike, house speaker john boehner just talked after meeting with members. what are the big headlines from what he's saying today? >> reporter: well, jenna, he says the american people don't want their government shut down, and neither does he. while funding and reopening the government is the battle of the moment, the issue duh du jour, there's also the upcoming issue of the government about to hit its debt ceiling. >> this isn't some damn game. the american people don't want their government shut down, and neither do i. i don't believe that we should default on our debt. it's not good for our country. but after 55 years of spending more than what you bring in, something ought to be addressed.

>> reporter: so that all translates to boehner will not lean on democratic votes to increase the debt ceiling. he wants to sit down at the table and try to get some negotiations going, but that has been lacking. all these lawmakers are talking to the cameras, talking to us, but they're not talking to each other in a meaningful way, jenna. jenna: the truth is, they're going to need each other, though, if they're going to figure this out. so what is the message from leading democrats today? >> reporter: well, they are saying, essentially, they could reopen the goth today -- the government today. if boehner were to take up the short-term government funding bill, they could help wit the help -- they could pass it with the help of house democrats. >> you could get it open as quickly as possible. be that's what the majority leader wants to do, mr. cantor, bring that bill to the floor, and our side will overwhelmingly help you pass it and get government open for the people. >> reporter: the house gop strategy remains passing these

very narrow government funding bills. today they're going to pass a couple for fema, for disaster relief and for the wic program for women, infants and children, testing democrats to see if they will buck their leadership. but the white house has threatened to veto all these bills which means we are still stuck in neutral, jenna. jenna: for now, mike. thank you. jon: a new poll out today showing americans think this shutdown is getting serious, more than 80% of voters telling us the have or somewhat serious, choosing that answer, only 17 percent say it's no big deal. meantime, there is some disagreement at the one issue of the heart of the battle, obamacare. a majority of americans would like a delay in implementation of the affordable care act, but most of you still say you do not want to cut funding for it altogether. joining us now is monica crowley, fox news contributor,

author of "what the [bleep] just happened." the great american government is kind of in neutral right now, monica. what do you think about these polls and the blame that americans are casting here? >> well, it's interesting, jon, when you take a look at this latest fox news poll that the blame seems to be spread equally among president obama and congress. that was not the case in the '95 government shutdown when the bulk of the blame went to the republican congress over president bill clinton. that's not the case this time. so americans are taking a look at both sides and saying, ah, a pox on both of your houses. but what's interesting when you brake down the obamacare -- break down the obamacare numbers as you just did, when you look at the defunding number as you pointed out, most americans say, hey, don't defund this, but then you look at the poll numbers and say say, actually, we'd like to see a delay for at least one year, and then when you tease it out to whether or not americans want to see this thing repealed either in its entirety or in part, 54% of americans saying

get rid of this thing either in whole or in part. so there are some mixed messages here, but i do think on the defunding question in particular because most americans want to see obamacare gone completely, on that particular issue what you may be seeing is that americans are saying, look, that wasn't particularly realistic at this point, but we do want to see this thing gone. jon: congress has not enjoyed a very positive rating. the president's has been dropping, but he has better numbers than congress. but when you look at, you know, we asked voters who do you think is to blame for all of this, the numbers are about equal, republicans like john boehner get 25% of the blame, president obama gets 24% of the blame. i mean, that is, that is a tie for all intents and purposes. >> yeah. yeah, exactly. and as you point out, the president's numbers are much higher, actually, than congress. congress, according to the fox news poll, is at 13% job approval? i'd like to know which -- who they are, where that 13% is.

but they are really low, and the president, he's also sinking, but his disapproval is about 49-50% which is pretty high for him. his total job approval's about 43, 44, 45%. the danger for the president here, jon, is that he has much more to lose. because the congress is starting from such a low point, really on both sides they don't have much to lose in this government shutdown. the president does. and that's why i think, you know, when republicans actually show some backbone, then you start to get a change in the media narrative, you get a change in the news cycle, and you actually get the president and the democrats now starting to move. it may be imperceptible, but they're starting to move. jon: and curious, in this new fox poll the president gets his best ratings on health care, 45% approve of the job he's doing on health care, 51% disapprove, and those are his best ratings. >> and those are his best numbers, exactly. they yoosed to be on foreign policy, but after the syrian debacle, that's no longer true. some of those numbers are people

just responding to the president standing up and fighting for obamacare. people like to see the fight. so i think part of that's responsive to that. that's why you saw ted cruz come out of his 21-hour marathon in the senate with higher poll numbers as well. people want to see folks in washington stand up and fight for what they believe in. jon: yeah. and they might like to see a bit of negotiation, too, which doesn't seem to be going on right now. >> well, and that's part of the problem for the president, jon, in all of this, is that the only constituency where that no negotiation on the part of the president, where that stance is playing well, it's his base. most people are looking at him saying he won't negotiate or compromise? what's that about? jon: monica crowley, thanks. jenna: a fox newsily alert on tropical storm karen. before hitting the mainland between louisiana and the florida panhandle. people are getting ready in this

event. energy companies in the gulf are evacuating some workers and cutting back on production while fema workers currently furloughed because of the government shutdown are being ordered back on the job. steve harrigan is live from myrrhs l grove, pardon me, louisiana, with more. steve, what steps are people taking now? >> reporter: jenna, an overall sense here really of caution, not panic. people are beginning to try and move the earth to build barriers. we've seen some sandbagging as well. louisiana's governor, bobly jindal, has deployed 650 members of the national guard. also the army corps of engineers has closed that giant floodgate around the city of new orleans to keep that stay in case we do see heavy rain over the next 48 hours, jenna. jenna: i'm sure this is something these folks have seen quite a few times before. >> reporter: they are, especially in the lower-lying areas like plaqueman's parish where i am now.

the houses are pretty much up against marsh land or water. last year they were hit hard by hurricane isaac, some places getting 15 feet of water, five people killed, so they are ready for this, and we're seeing some preparations and perhaps some mandatory evacuations later in the day today, jenna. jenna: we hope that it's not too bad as the storm continues, steve. thank you. jon: some brand new developments to tell you about in that vicious biker attack on the driver of an suv in new york city all caught on video. we are getting word of an arrest with one alleged victim hiring a very high-profile attorney. a live report coming up. also encouraging health news for women. simply going for a walk an hour a day might reduce your risk of breast cancer. is it too good to be true? dr. samadi joins us with his take. [ shapiro ] at legalzoom, you can take care of virtually

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♪ ♪ jon: "happening now," an arrest in a horrifying video that went viral. the brutal attack on an suv driver in new york city after a terrifying chase. a mob of bikers dragging the driver from the vehicle, beating him mercilessly in front of his wife and child. meanwhile, the family of a hospitalized biker, likely to be paralyzed after all of the chaos, hires celebrity lawyer gloria allred. david lee miller has an update. >> reporter: jon, in little more than an hour, gloria allred is scheduled to hold a news conference here in new york city. she's not yet revealed the purpose, but there is speculation that she is going to be filing a lawsuit on behalf of that injured biker. when the driver of the suv, alexian was surrounded by bikers, he struck the victim

whose family says he is now forever paralyzed. he has not been charged with any criminal wrongdoing, but the man could file a civil suit. his wife issued a statement saying the family threatened a life -- faced a life-threatening situation. meanwhile, the biker who allegedly sparked this entire incident who was seen in this video slowing down in front of the suv remains $1500 bail. christopher cruz is charged with reckless driving. his lawyer says cruz did nothing wrong and is a victim. >> my client was rear ended by the suv, and my client never left the scene of the accident. he followed all the procedures in this accident. he waited for the police, he went to the hospital afterwards to be attended to for his injuries, and then he went to the police station. >> reporter: cruz's lawyer says that his client does not know the identity of any of the ore bikers he was riding with when this incident took place,

but there are widespread reports that the man seen in the video taking off his helmet and dragging the driver out of the car the is going to turn himself into the cops. he is identified as 38-year-old reginald chance, a sandwich shop worker originally from guyana. police have said repeatedly this is an ongoing investigation so, jon, very possible we could see more arrests. jon: and the attorney claims that the fella who was riding with, i don't know, 75, 100 other bikers doesn't know a single one of those other bikers? >> reporter: that's absolutely correct. in fact, i asked him that in morning on the telephone just to be very clear on that point, and he says he does not know who any of those other bikers are. jon: yeah, okay. david lee miller, thank you. jenna: continueing cowatch that story. the big -- to watch that story. the big rollout to obamacare, and there were a lot of glitches, also some alleged hacking attacks as well.

we're going the talk to you a little bit about safety and security given the web presence of this plan, what you need to know to make sure that you're safe. and making a big announcement today, what they want to offer you. coming up. michael, tell us why you used priceline express deals to book this fabulous hotel. well, you can see if the hotel is pet friendly before you book it. and i got a great deal without bidding. and where's your furry friend? oh, i don't have a cat. priceline savings without bidding. you want a way to help minimize blood sugar spikes. support heart health. and your immune system. now there's new glucerna advance with three benefits in one. [ male announcer ] new glucerna advance. from the brand doctors recommend most.

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scenario, the ten million, quote-unquote, people who supposedly logged onto new york's insurance exchange causing abnormally high traffic. the flooding of that site now believed to be the work of hackers. so what's really happening here? joining me now, teresa payton, former chief information officer for the bush administration. and be, teresa, we wanted to talk to someone who has experience in the government and launching infrastructure like this because one of the questions that surfaced this week is what is normal? are these glitches just normal? or is this something else happening here? >> yeah, these glitches are normal and to be expected. think about it, we've talked about this before, an unprecedented amount of information has to be accessed to make this system work, so these glitches are typically worked out during a pilot process or sometimes during the early days of a system launch. one piece of advice i would give to people, because i've heard people have been very frustrated trying to log on especially during the day is a lesson learned from sort of my days in

banking, people like to log on and do things like this during the working hours. your best bet is to do non-peak hours, try between 10 p.m. and 5 a.m. central time or eastern time, and that may be your best customer experience. jenna: sort of like commuting, right? you've got to get in before the traffic. >> exactly. jenna: plus there's a lot of journalists and people that are just curious this week, so it'll be interesting to see what happens in the next few weeks, teresa. one of the things the white house has a said is this is due to the high traffic, what we're seeing. that's basically what we're seeing is one of the only main reasons that we're seeing these delays. is that enough to cause all these delays? do you think that's the only thing that's at issue here? >> you know, we haven't seen confirmation yet whether or not new york was experiencing an attack, and that could be something that's giving people a little bit of anxiety because you can't really control that type of thing. but the one thing that people can control is be on alert. right now we're already seeing

in the security industry where scammers are starting to create fake ads and fake e-mails trying to trick you and your loved ones into clicking on links and going to bad sites and not legitimate sites. so one thing i highly rem, especially if you're -- recommend, go to a trusted source. go to hhs.gov, white house.gov and get to the exchange from there and, again, try those non-peak times. jenna: besides ourselves, at least teresa, who is looking out for us? does the government have a task force that's taking a look at some of the scams in our inboxes? anyone running interference for us? >> you ask a great question. it's, actually, national cybersecurity awareness month right now here in the month of october, and one of the campaigns that's out right now not just about this particular system is warning people about spear phishing, these scam e-mails that are addressed to

you, great grammar, it looks legitimate. don't click on links even if it looks like it's from a friend of yours. go to the trusted source first. jenna: i read this one quote from a health care executive who works in medicaid, of course, another big program that relies now heavily on the internet. and he said we used to store information in unlocked file cabinets in the back of somebody's office. was that secure? no, it wasn't. and his point was, listen, there's always been an element of insecurity around our medical records what do we do about that part of it, teresa? how do we protect ourselves? what information should we share and should we not at a all in any case? >> you bring up a great point. yes, in the physical world, did we have unsecure file records? yes, we did. but why there's such anxiety about this is think about the speed and the mode of how quickly someone can steal all your data. if they wanted to steal from a file cabinet, they had to break in. now they can be in their pajamas in their mom's basement and

actually break into your health care records and take them from everybody, not just one location. so i go back to one of the things you can do, you cannot prevent someone from hacking your account, but you can be very careful about how you behave yourself on social media, how much information you shear about yourself -- you share about yourself. the other piece of information i recommend, get a spral e-mail address only used for health care and they can't take over the rest of your life. jenna: that's good advice. we're going to be taking a look at this over the next few weeks, we hope to have you back. thank you so much. >> thank you. jon: let's get you a check on what's coming up on america's news headquarters with bill hemmer and alisyn camarota. >> hi, everybody, welcome to our morning editorial meeting where we're deciding what we're going to do at the top of the hour. bill: that microphone is back for a second. some surprising new poll numbers on how americans or who americans blame for the government shutdown. they surprised us, so we'll have that for you.

alisyn: also, remember baby lisa, the infant who was taken from her crib in missouri two years ago? we will be talking to an investigator about any new expleedz what the parents say. bill: see you at the top of the hour. alisyn: sue owe then. jon: all right. it has been nearly one year since superstorm sandy caused so much destruction in the northeast. we are still not out of the woods this hurricane season. coming up, a look at storm predictions and how accurate they are. plus, the media debate over the government shutdown. does it have a huge impact, or is it just a whole lot of hype and headlines? host of media buzz howard kurtz weighs in next. ♪ ♪ ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up.

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we're switching car insurance. why? because these guys are the cheapest. why? good question. because a cut-rate price could mean cut-rate protection. you should listen to this guy. [ female announcer ] with allstate you get great protection and a great price, plus an agent! drivers who switched saved an average of $498 a year. call now and see how much you can save. just a few more ways allstate is changing car insurance for good. [ female announcer ] call an allstate agent and get a quote now. jenna: "happening now", a look at storm predictions compared to reality. who could forget the damage caused by sandy or any other big storm. it hit the northeast last october causeing a lot of seven station. here at the beginning of october there is still two months of this year's hurricane season to go. who predicts the storms? how accurate are they really? phil keating live from fort lauderdale, florida, he knows a little bit storm as well. phil? >> reporter: they sure do down here in south florida, 2005, late october, hurricane wilma,

raked florida. of course, last year about this time, a 1 a, the famous road that goes up in fort lauderdale. it did not look like this. the file from then, tropical storm sandy blew pass over the seawall, flooding streets and couple million dollars in damage. three days later october 29th it caused $65 billion damage up north. comparing predictions versus reality, this past may, noaa predicted 13 to 20 named storms, seven to 10 hurricanes and three to six major ones, so far, karen is now just named storm number 11 and we've only seen two hurricanes, humberto and ingrid, neither of them major. last year for 2012, the prediction was nine to 15 maimed storms, fourthfour to eight, hurricanes. reality was 19 named storms and 10 hurricanes. that was much business ier is than predicted. in 2011 the predicted numbers looked like this at end of the

hurricane season in november, reality was basically right spot on. >> hurricanes are like ban nans they come in bunches and this is time we don't have any bunches. you know, it happens. >> reporter: to say the least. despite the government shutdown the national hurricane center is up and running. operations are on, all for public safety. all the meteorologists there right now keeping a very close eye on the gulf of mexico, tropical storm karen, still does have a slight chance of developing into a weak category 1 today, but it is fully expected to then break down, get weaker an only hit the coastline somewhere between louisiana and the florida panhandle saturday and sunday as a tropical storm that could bring strong winds and some rain. as for why year is turning out to be basically only 30% of the storm activity that was expected? well it has been a lot of dry air in the atlantic that also

contributed to break down a lost storms, with all the wind sheer coming west to east. so a lot of these possible tropical storm and hurricanes basically broke apart before they even made it over to the islands surrounding the caribbean sea. so people down here in florida are not too upset really this year is not looking too bad as far as hurricanes and around the country. karen will be the only second named storm to strike land. as we have learned in late october, several times, all it takes is one massive hurricane to cause massive devastation and it really makes you forget about how easy the year was when you're dealing with wh new jersey and a lot of parts are still dealing with today. back to you. jenna: knock on wood, phil. anything else if you're superstitious to hope the rest of the season goes by without a hitch. thank you. jon: can i make a observation when i was in local news in miami. i had to do my stand-ups in coat

and tie. phil has a t-shirt. jenna: he looks in his element. comfortable, cool. i like it. >> reporter: we're keeping our eyes out. jon: tough duty when somebody has there. jenna: with the people on the beach. jon: government shutdown dominating news media this week. media analyst focusing big debate on the topic. is it huge or hype? howard kurtz points to headline on the left-leaning "huffington post" homepage. things like, kids with: cancer blocked from clinical trials. search for missing woman put on hold. national parks closed. he points to bill crystal, editor of "the weekly standard" who urges readers to ignore, quote, media hype. fox news media analyst how card kurtz is host of media buzz and joins us right now. which is it? in the i recall going it was all about the shutdown but the

media's attention span seems to have shifted, howard? >> yeah. i've got the coat and tie too, jon. seems to me, that, you know, the government shutdown is becomeing a new normal. no longer stories on the front pages every day here are all the terrible things happening but it is in the interest of those particularly on the left. president obama often talks about in speeches no sba loans or has been way slowed down, to play up the effects of this budget shutdown, which this government shutdown and folks who lean right are much more in the hey, it is no big deal camp. it is not really harming the economy yet. the fox news website, doesn't even call it a shutdown, a government slimdown, as if it is some kind of a weight watchers program. jon: this one is different from past shutdowns it is happening in the era of social media. all the politicians are taking to twitter and facebook to stake out positions and announce the latest news. how is that going? >> everybody can be their own broadcaster now. you don't have to hold a press

conference to wait for reporters actually show up. republican congressman tim griffin put up a tweet that he regretted later, deleted. this has to do with, not really part of the government shutdown but after the unfortunate incident in which the woman at the capitol yesterday rammed into the barricades and was killed by capitol security officers, tim griffin tweeted, stop the violent rhetoric, president obama, chuck schumer and nancy pelosi. at the same time brad woodhouse, former spokesman for the democratic national committee, tweeted, will john boehner visit the unpaid capitol police officer who got injured protecting him today because the capitol police are on the job despite right now they're not getting a paycheck. jon: while on the topic of twitter any favorite hash tags coming out on this? >> i've seen a lot, i don't know the exact terminology, jon, but i've seen a lot of, let them he vote. time for a vote that kind of thing. even jay carney, white house

press secretary, oh, just wrote. fact, says carney according to him. speaker boehner could pass a clean budget resolution to end the budget, #shut down. karn never has to answer his own phone because the white house staff is greatly reduced. jon: couldn't get jay carney to return your calls now. maybe you have a shot because he can't get you off the phone if he picks it up himself. >> exactly. jon: in the early going the focus was on the shutdown, media seem to be paying to other aspects of this whether it is actually hurting the economy, whether it is hurting people or not. >> i think there was an initial rush understandably by organized journalism to go out and talk to the federal contractor who is not getting his check, talk to the woman whose kid who couldn't enroll in the head start program to show in a good way, so much of what we do inside the beltway is politics in bubble, to show this has real impact onhundred

thousand furloughed federal workers and people who make their livelihood some way connected to the government. with the debt ceiling coming up next week the focus is very much shifting from the impact on america at least in many organizations to, how are we going to get out of this thing? why is washington so dysfunctional and is there a deal to be made between the two warring parties mired in gridlock. jon: can't we all just get along? howard kurtz, fox news media analyst. >> thanks, jon. jon: catch media buzz live with howard. starting on sunday, 11:00 a.m. eastern. right here on fox news channel. jenna: i look forward to that. people living in colorado are struggling to recover from devastating flooding. now they have a new concern. it's snowing. we'll be back to the state of colorado to talk a little bit about what they're handling ahead. new research how to prevent breast cancer. what you can do to cut your risk. it is not that hard. dr. samadi is here. he'll explain next.

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... ... ... ... ... ... jenna: without a hashtag this story would have hashtag, market watch. twitter going public. already picking out the twitter symbol. it is looking to raise one billion bucks on initial public offering. after facebook fell flat during last year's ipo, can twitter triumph? jo ling kent is here with more. >> hey, jenna. in a public filing we learned last night twitter is supposedly the next big thing it is also losing money. on the bright side it has 218 million monthly active users with 100 million using twitter every single day. the company reported solid revenue. they made $254 million in the first half of this year which is up 107% from last year.

it means twitter's on pace to double what they made in 2012. but the more than 7-year-old company makes more than spends. its losses increased to $69 million in the first half of 2013. twitter blamed heavy spending on research, marketing and sales. other concerning figures, the rate of people joining twitter is slowing down and ad rates are tumbling this year too. those are down 46%. mobile focus world twitter is poised to do very well. of all users, 75% use mobile devices like smartphones and tablets to tweet. twitter generates 65% of its total revenue through mobile advertising. several people who hold big stakes in the company stand to make a lot of money this listing. they include cofounder evan williams, cofounder jack dorsey and current ceo. interestingly unlike facebook and google, twitter close chosen to list only one class of shares that means the twitter ceo and

cofounders will have the same voting power per share that you would have if you choose to invest. we expect to see the stock debut in november. jenna. jenna: that will being interesting to see. an interesting strategy. jo, thank you. >> reporter: thank you. jon: all right. winter is coming to my native colorado but after the worst flooding flooding in that state's history dozens of communities and thousands of survivors are simply not ready. so now the race is on to rebuild the heavily damaged roads and towns before winter gets really fierce. alicia acuna is live from boulder, colorado, where it is already snowing. alicia? >> reporter: that's right, jon. part of the problem is getting supplies to these mountain towns because their access roads are so heavily damaged the access is really so limited. you can see this is just one road that leads up to the resort town of es test park, where we went before the cold weather came in. slow movement of the machinery may not show it but this is a race against winner's early

arrival. >> we've had some pretty good october storms, you know, foot 1/2 of wet, heavy snow. so, you know, we're getting, geared up. >> reporter: this year it means fixing what record floodwaters left destroyed. lake estes in the mountain village of estes, colorado, has been lowered to they candying out rock and earth to be used for roads and infrastructure. >> currently there is only one road in to estes park and a two-lane highway. >> reporter: once the snow and ice hits that one road will be more difficult. it is one of 78 communities across northern colorado hit hard by massive flooding. this destroyed highway through big thompson canyon is normally one of several ways to get to estes park. flooding reduced to much longer drives through south and west through the mountains. trail ridge road that passes through rocky mountain national park has been closed by the

federal shutdown. >> we took one punch from the floods. got up and we're doing good. bam, we just got hit by another one from congress. >> reporter: there's been a lot of concern about the government shutdown and impact it will have on the federal relief assistance. however the state of colorado right now, jon, is just scrambling to take care of itself. jon? jon: the mess goes on, wow. alicia acuna thank you. jenna: just not in colorado we have a dangerous storm targeting the gulf coast. we'll track all the weather for you through the next several hours. we're looking at tropical storm karen. there's a look at that. also, jon, are you drinking too much? jon: no. jenna: i should have known the answer to that. it may not be your fault if you're pouring a little too much wine. jon: oh, good. jenna: the results of a new study next. ♪

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jon: if you drink, wine, listen up. there is science behind the shape of your glass and how much you pour. harris faulkner uncorks it. she is live in the new york city newsroom. >> reporter: i like that, uncorks hit it. the national independence statute of alcohol and alcoholism says a standard serving of wine is five ounces. pay attention to the glass you put it in, certain shapes, sizes colors, make it hard to keep track how much you poured. the study found participants poured 12% more wine into a wide glass than a narrow won one.

makes sense. they poured more wine in a glass someone was holding than one placed on the table. color contrast. participants poured white wine into a clear glass by 10:00%. less overpouring occurred when the wine was red. before you blame yourself, even bartenders do the same thing in the study. according to researchers there is money involved. they say wine marketers take advantage of this encouraging the use of wider, shorter glasses so people pour more. if you're watching consumption, maybe trying to keep your weight down, some tips. pick a narrow, clear, glass. drink red wine instead of white. put the glass on the table before you pour. or as jenna and i sometimes like to say at happy hour, pass the straw. we never say that. jenna: we never say that, jon. no, never. >> never. jenna: no. jon: that's why beer is easy because it comes in a 12-ounce bottle. >> reporter: that is true. that's what the study said.

jon, you're sober and smart. jenna: maybe wine should come in single serving bottles, we should go for. >> reporter: just for us. jenna: thank you, harris, exactly. moving right along here, october is breast cancer awareness month and a brand new study finds any woman can reduce her chance of getting breast cancer simply by walking an walking an hour a day. that's it. dr. david samadi with us, a member of the fox news medical a-team. you might want to weigh in as well, dr. samadi, but let's talk a little bit cancer here. one hour a day, does it matter what type of walking? or brisk walk around the park or walking with your kids or at the grocery store? >> all is healthy. brisk walking one hour a day seven days a week reduced risk of breast cancer by 14%. that is significant. this is medical breakthrough coming out from the american cancer society. jenna, they looked at over

70,000 postmenopausal women. followed them for 17 years. this is a really great study. now we're seeing that just exercise alone, one hour a day for seven days aweek you can reduce the risk. if you do vigorous exercises that can reduce the risk of breast cancer by 25% and that's significant. we know about the health benefit of exercise. i talked about this on "fox news sunday" house call. about the fact that it can besides cholesterol and heart benefits, it can help your mood and sex life, believe it or not. as a urologist i've said that. now we can see it actually can reduce the risk of breast cancer and that's significant. jenna: dr. samadi, you brought up what you do professionally. is it same effect for men as well? only women that benefit from exercise or any studies that men will have lower cancer rates if they get an hour of exercise a day? >> even though we don't have the study to prove it, i can almost guaranty you that would work the same way the reason is, fatty

tissue around the stomach there are enzymes that converts the testosterone to estrogen. by losing that fatty belly fat, you can actually reduce any of those hormone al imbalances in our body. your point is well-taken. that is a very important question. the other thing is, also by doing the exercise you activate your muscles you make it insulin-sensitive. so not all the insulin growth factors that can be carcinogenic and cause cancer, now you break them down in a different way. you know something? have a seven rule, how about this? besides drinking wine at happy hours. drink seven glass of water a day, seven hours of sleep and seven hours of walk. of the that is the for the month of october. jenna: that's a deal, dr. samadi. i like how you worked the wine in there. >> nice to see you guys, have a great one. jenna: we have breaking news. a new member of the "happening

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>> on to breaking news, new a degreeses to the team. yesterday dr. sea gal did reporting on dogs that sniff out cancers in people. and we promised to show you john's new best friend. winstop. >> this is his regal shot. >> he is the happening now mascot. >> when you look close he is goofy and a long tongue he can't keep in his mouth and walks around this. and then his teeth stick out. >> leave that photoup for a second. dogs and their owners look

alike. i don't know if i see it the whole way. maybe the personality. i love his name, john. winston. >> i took a survey of the kids. >> will he come on the set and join us? >> if they let dogs in the building. >> thanks for joining us. america's news headquarters starts right now. >> making jasper jealous. >> i do see the resemblance. >> kind of. good afternoon, fox news alert day four. republicans came out firing in the shutdown. we are waiting for the fire to be returned from white house. so far neither side is budging. welcome to america's news hkwo. >> happy friday. and i am allyson camerota and no deal and no negotiations and americans are fed up. here is a direct house speaker john boehner a short time ago.