teach, don't govern. >> they should take into consideration the student's level of body fat to determine whether they are weight was unhealthy. >> "fox & friends" starts rye now. bye. >>elisabeth: good morning. it is monday, october 7. i'm elisabeth hasselbeck. we begin with a fox news alert. new details this morning about two daring raids on enemy hideouts. one of america's most reported terrorists reportedly drugged, dragged out of his car and taken under siege for interrogation. >> a petrifying turn at the grand praoefplt -- pre. people jumping out of the way as the champ flies into the crowd there. >>brian: a nine-year-old boy gets through the

airport, gets checked through security three times, hops on a plight to las vegas without a ticket, without parents. wait till you hear what the t.s.a.'s excuse is. "fox & friends" on this monday -- yes, it's a monday -- starts now. >> hi. i'm tony dungee. >> this is jimmie johnson. you're watching "fox & friends." >>brian: we're changing the format for elisabeth. let's call in her husband. >> i wish. >>brian: we might get him here. >>elisabeth: talk about the giants. >>brian: is this happening? what's happening to this world? >>steve: good morning to both of you. >>elisabeth: good morning. did you have a good weekend? >>steve: it was short. >>brian: bob geldoff said all humans will be wiped

out by 2030's and he hates monday. 2030. i don't know what's going to kill off but bob is a little down. >>steve: just think about happy news. thank you for joining us on this monday hours. there's a lot:ngojpu going on including this. >>brian: new details. two terror targets in somalia and one in libya. the somali operation designed to capture the captain of al-shabab, an al qaeda operative in u.s. custody. we find out the mastermind behind u.s. bombings in custody. kelly wright in washington to break down the covert actions. >> good morning. hope you're doing well. defense secretary chuck hagel says aby anas al libi

is in u.s. custody. he is being held on a u.s. navy ship. he was captured in tripoli. al libi is believed to have vast knowledge about terrorist operations. he has been a wanted man for 15 years for the role he played in the deadly bombings of the u.s. embassies in kenya and tanzania in 1998. secretary of state kerry discussed al libi's capture. >> we hope that this makes clear that the united states of america will never stop in its effort to hold those accountable who conduct acts of terror and those members of al qaeda and other terrorist organizations literally can run, but they can't hide. >> a second u.s. raid was conducted over the weekend, this one in somalia where navy seals were targeting the top members of al-shabab which is responsible for the deadly attack on the west gate mall in nairobi, kenya. the u.s. military says at least one somali was

killed. the white house says the president approved both raid last month. brian, you were talking about the son of al libi. the son says, or at least told reporters about a security camera at their home actually saw four unidentified vehicles pull up and there were men inside those vehicles that were waiting for al libi to arrive from sunday morning prayers around 6:30 in the morning. not sunday morning prayers but their regular prayers in the morning at 6:30 a.m. when he arrived, they got out. some of them were masked but they actually beat him, drugged him, according to the son's rortd, put him in a car and fled off. the rest we know now is that the u.s. military revealed it was a delta force capturing him. they were told to capture him, not kill him, by the white house which means they want him for high-value questioning to see what they can get out of him in terms of somalia as well as what went on in tanzania and that embassy

in 1998. >>steve: thank you. the other reason they wanted him to talk, he's going to be a gold mine. that is why they didn't drone him. >>elisabeth: there was a $5 million bounty on his head. >>brian: this is an unbelievable change of tactics, and it's something the intelligence people would say to us off camera most of the time, now that they're out of power, on camera, they say do you realize even the pocket lens they used to be able to get from khalid sheikh muhammad has provided so much information to reconstruct what al qaeda is like inside but we've been proning. no one is antikilling these guys but we're for finding out what these guys are up to. is this what the president has been talking about a month ago when he talked about how we're no longer going to be proning these people? or are we so alarmed by the brutality of the kenyan mall attack, are we so concerned it could happen here that we think we've got to take the chance,

we've got to capture them, talk to them, but sadly we're bringing them to new york city. we're not bringing them to gitmo. >>steve: they are going to float him around on a pwhoet for a couple of -- on a boat for a couple of weeks or months as the f.b.i. trying to get as much information as possible. but he's going to court, not gitmo. a lot of people are thinking you went to libya. why didn't you get the benghazi guys? >>elisabeth: this man has been on the most wanted list since 2011. they are certainly asking that question. in terms of libya, they're not happy either. they're calling it a kidnapping. >>brian: how could our f.b.i. or armed forces get stuck at the airport in benghazi in 2012, say we asked to go in. the government wouldn't let us in. this time we didn't knock on the door. >>steve: we'll keep you

>> wall street, everyone thinks the big scare about the shutdown. but in 2011 they were more scared about the idea. they measured the fear factor and it was -- i think it was 17% and now it is barely above 18%. they actually don't think it's possible. there is no way the shutdown is going to happen. >>steve: both sides said it's not going to happen. >>brian: both misplayed this. the democrats thought the republicans weren't going to do this. republicans thought the

democrats weren't going to do it. they thought the president was going to come back. he didn't. he hasn't so far. it's day seven of the lockdown and ten days until we have default. about the 17% of the government, what the president is doing now on some level is the same thing he did during sequester, tried to maximize the inconvenience and pain on the american people so they put pressure on their representatives. now as an example, there is something befuddling to me. out of everything we need, don't you think it is in america's best interest and our children's best interest to have the amber alert funded? now all you see is a blank screen. a child is missing. nobody is there to pick up the phone. >>elisabeth: which is sad. since 1996 nearly thousands of children have been recovered and returned. to shut it down for one day is a travesty. why not essential? >>steve: exactly. i saw a tweet. blocking world war ii vets essential. funding amber alert sites nonessential. keep in mind, somebody at

the department of justice had to say the people who run that are essential. that's all it would take. meanwhile, the president of the united states topic a yesterday on the chat shows, jack lew sat down with chris wallace and was talking about how the president is so obstinate at this point where he will not negotiate with the republicans over the debt ceiling because he says nobody's ever done that before. you know what? chris wallace knows for a fact that's not true and called him on it. watch. >> the president is open to negotiation. the question about the debt limit is different. if you look at the cases where the debt limit is involved there were many other things attached to the debt let, but the question of threatening to cause default of the united states, not until 2011 did it become a positive agenda. >> with all due respect, your history is wrong. in 1973, democrats in the senate, including ted kennedy and walter mondale

wanted to attach campaign financeeform under richard nixon during watergate to raising the debt limit. it ended up being a filibuster. republicans had to filibuster to defeat it and take it out. this has happened over and over again and presidents have negotiated. and this president, what is unprecedented is he's refusing to negotiate. >>steve: way to go, chris. >>brian: he did the background. 27 times there's been negotiations at the end. here's what i thought was so frustrating. jack lew didn't come to play. he didn't answer anybody's questions. he came to scare. he did not answer anybody's questions. the only way he followed up who said why dent you answer -- why didn't answer questions was chris wallace. also mr. boehner. i think it was an insult to us. republicans are saying why are we raising the debt ceiling where we already owe $17 trillion. but they switched from

obamacare and funding to debt and deficit. that is a big switch. for jack lew to come out there, who is appointed but a political i thought was an insult to us. >>elisabeth: he kept saying that is the wrong question. we're thinking thank you for telling the american people what questions should be answered. >>steve: what do you think about this as we head into week two? e-mail or tweet us at "fox & friends." in the meantime let's head to heather nauert. >> got headlines at 11 minutes after hour. some chaos at an indy car race over the weekend. a horrific crash sending three-time champion dario franchitti flying through the air and into assent -- into a fence. look at that right there. that crash happening as he was battling fellow drivers

on the last lap of the houston grand prix. you can see that debris as it flies into the stand. 13 fans and one official hurt. >> it was pretty scary. very frightening. >> car just completely spun around. tires were flying off. >> how crazy that would be. at this hour we are learning that dario franchitti remains hospitalized with a concussion, two fact toured vertebra and a broken ankle. there is new video coming out today of a good samaritan who tried to stop six bikers from beating the driver of an s.u.v. last week. the video is graphic. there is a man in a suit in the background and he steps in to stop six bikers from beating up the driver of the car. he says -- you can see him there -- he says it looked like that group was about to turn on the driver's wife. listen to what he had to say. >> i said to them, that's

it, guys. let her go, man. let her go. we stood looking at each others' faces. and somehow they stopped. >> thank goodness he stepped in. that whole situation could have been a whole lot worse. then look at this. this is from the courtroom. one of the men charged in the case was in court over the weekend and not too happy about it. he's the guy in the orange sweatshirt. 37-year-old reginald chance we're learning the courtroom is not a new place for him. earlier this year he faced 25 years in jail for drug charges, but he got community service instead. nice. that's the latest. see you guys in about half an hour. >>elisabeth: breaking new ground. christian-only dorms at a public university. >>brian: a government

shutdown and two terror raids so why is the president of the united states weighing in on a name change for the redskins. aren't there more important things to think about. the team's lawyer says he's got to get his priorities straight and he'll be here to call the plays. ♪ ♪ good job! still running in the morning? yeah. getting your vegetables every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. two full servings of vegetables pcentury link provides reliable yit services like multi-layered security solution to keep your information safe & secure. century link. your link with what's next.

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you demand of yourself. aarp medicare supplement insurance plans insured by unitedhealthcare insurance company. go long. because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet. >>elisabeth: welcome back. call up or tweet the p.c. police because president obama entering the fray over the name change controversy surrounding the washington redskins. >> if i were the owner of the team and i knew there was a name of my team, if it had a story in history that is offending a sizable group of people, i'd think

about changing it. >>elisabeth: doesn't the president -- shouldn't he have more on his mind than what the redskins are going to do with his name? >>brian: let's ask the attorney for the washington redskins. lanny davis. why is the president weighing in here and are you disappointed he's going against your client dan snyder. >> he's not going against my client if you listen to his words. he said if a sizable group is offended, the last call of all native americans, the last one taken by the annenberg group in 2004 had nine out of ten americans not offended by the name. but in 2013, it said eight out of nine americans are not offended. according to president obama's criteria, a sizable group, the name should not be changed. i do wonder why he's not talking about the chicago blackhawks who won the

stanley cup or the braves. it is a selective decision. by his criteria, thank you, president obama. the name redskins should not be changed. >>elisabeth: is intention considered at all? 79% is a huge majority in terms of people who don't think it should be changed. >> by his criteria, it is not a sizable group. >>brian: he said a sizable group. you know that. >> of course. he's unaware of the data. he's skpwresing an opinion. he -- expressing an opinion. he happens to be wrong about the data. if he knew about the data, i would expect him to say now that i know from lanny davis about the data i favor the redskins because there is not a sizable group. i don't know why he spoke out at a time like this. by that criteria, no name change is necessary. >>brian: it is unbelievable a president with this much on his plate would weigh in on a

football team's name. why such a big story? >> 80 years of tradition, hail to the redskins. i'm a redskins fan. redskins fans by 95% don't want a name change. naval american tribal leaders in virginia have spoken out and said we love the redskins. help us with housing. help us with recognition. president obama has better things to worry about, but he should look at the chicago blackhawks who won the stanley cup and he's never said a word about them. but i'm glad that he supports our name because a sizable group does not exist supporting a name change by his own criteria. i'd love him to announce today, now that i've heard the data, go redskins. >>brian: i know he's watching now so he's probably going to weigh in right away. keep your phone open and call waiting available. >> by the way, head to the redskins. go skins. >>elisabeth: thank you. coming up, a nine-year-old

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>>elisabeth: welcome back. 24 minutes past the hour. time for quick headlines. international inspectors beginning the process of destroying syria's stockpile of chemical weapons. secretary kerry said it should be complete in nine months. a public college in alabama opens a faith-based dormitory. the dorm offers daily bible studies and those who live there will have to follow their rules. no alcohol, mandatory community service and maintaining a minimum grade

point average. >>steve: it's the same thing a lot of parents expect as well. thank you very much. 25 minutes from the top of the hour. government workers may be furloughed again today because of the shutdown, but for prison staff it is business as usual. except the guards and what not, they're working without pay. however, guess who is still getting paid? the inmates. not kidding. here to explain from the council of prison locals 33 is sandy parr. the council represents 38,000 prison workers across the country. she joins us from minneapolis. sandy, good morning. >> good morning, steve. >>steve: prison guards and people who work at the prison, they have been told you're essential, you're going to have to show up for work, but they're not getting paid, are they? >> that is correct. we all have to show up for work every day facing danger and not get paid. and the inmates who work there and live there, they continue to receive their

paycheck. >>steve: that's the part that has got us going what? how are they getting paid? >> it has to do with different funding. appropriated fund versus nonappropriated fund. inmates' funds come off inmate sales off their commissary through what call the a trust base system. >>steve: inmates still get paid, can still watch table tv whereas your members are wondering how they're going to pay their cable bills; correct? >> that is correct. government workers who go to work every day to protect society from these criminals, they don't know when their next paycheck is going to be. they still have bills to pay. they have to feed their children. they have to pay their day cares. the government is giving us i.o.u.'s which is fine and dandy in the end but right now we can't give our creditors i.o.u.'s. >>steve: absolutely not. they're not going to take

that. but the inmates, they're getting paid. sandy, we've got a lot of people from washington watching in right now, looking in right now watching you. what's your message to them? >> it's time to stop the political standoff. it's time to get back to work, open up the government and figure out how to get your political bystanders, however you want to call it, stop the political games. i mean, really right now congress and senate, the house, they're all playing games with our lives, and it's time to end. >>steve: all right. today is day seven and no end in sight. sandy parr joining us from minneapolis where the guard are working, not getting paid. but all across the country the inmates are. sandy, thanks for bringing this to our attention. >> thank you. >>steve: what do you think about that? e-mail us friends@foxnews.com. i can't imagine you think it's a good thing. 28 minutes after the top of the hour.

the president says a debt ceiling disaster right around the corner but has he checked america's bank account recently? stuart varney walking down our new yellow hall says he should and then he should start telling the truth. stuart explains the numbers coming up. find a place on the couch if you will, sir. then, would you let your daughter do this? of course not. it's the hottest costume this halloween. will you let your kids wear it? thanks, miley. [ male announcer ] even ragu users a. ♪ chose prego homestyle alfredo over ragu classic alfredo. prego alfredo?! [ thinking ] why can't all new things be this great? ha ha! whoa! [ monkey squeals ] [ sighs ] [ male announcer ] choose taste. choose prego.

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>>brian: fox news alert, futures slumping as the government shutdown has investors worried about the country defaulting on its debt in seven days. japan's nikkei index tumbled 1.2%. oil and gas prices are down as well. >>steve: is all this talk of default and catastrophic consequences a myth being used to scare people for political purposes? >>elisabeth: we're going to find out. stuart varney says check the numbers. we're going to make him do it this morning. good morning, stuart. >> good morning, elisabeth. >>elisabeth: are we going to default? >> at midnight, october 17, if we do not have a deal on the debt, we do not default. we do not default at midnight. we default only if we fail to repay the interest on our debt. we also have an obligation to pay social security.

we have enough money to pay the interest on the debt and social security coming in in tax receipts. we do not default. >>steve: let's just do the math. you default if you can't do your debt service, you can't pay the interest on the debt? >> correct. >>steve: we're taking in $200 million a month? >> in october of last year -- last year -- we took in $183 billion. this year we're taking in close to $200 billion. that is enough money coming in to pay your outgoing interest on the debt and social security. >>steve: how much is the interest on the debt? >> about $30 billion a month. >>steve: we got $200 billion to pay $30 billion. >> yes. and social security. >>brian: our revenues have never been higher, the amount of money we're getting into this country. taxes are high enough but the money is pouring in. >> the money doesn't stop pouring in on october 17. it does not. >>elisabeth: why are we able to keep using this default and why does the administration say we're going to default?

why the threat if indeed we're not going to? >> in my opinion, the president is using this threat to scare the markets and to scare its political opponents and thereby gain leverage over them. if he says they're going to let this country go into default, it's their fault, he gains political leverage. >>brian: jack lew was a politician this weekend, he wasn't treasury secretary? >> in my opinion yes. keep your eye on the math. we do not default at midnight. we've got $200 billion coming in which will cover our debt service. we do not default. >>steve: john boehner was very clear. he said i'm not going to do anything until we address what is driving up the debt. >> that would be spending. >>brian: would you take that pillow and match it to stuart's tie? look at this. it is exact. that is incredible. good job. >>steve: are you thinking about a decorating show? >>elisabeth: can you not focus on the economy. >> thank you. wasn't that a fantastic

change of subject without getting overly serious. >>brian: that pillow is a better demonstration. what stuart is saying today is we have plenty of green to pay the debt? >> that was good, steve. thank you. thank you everyone, especially you, elisabeth. >>elisabeth: now over to heather nauert for headlines. >> you know how we've been talking a lot this morning about how the government wants you to feel the pain? i've got stories for you. the government shutdown creating a real nightmare for one community in the state of nevada. elderly residents are being forced out of their private home on lake meade because they sit on federal land. the couple, one couple says they have been living in their family's ice cream store because going home is not an option at this point. they aren't allowed back into their homes until the government reap opens. how about that? listen to this one.

no parents, no i.d., no tickets, no problem for you. a nine-year-old boy slips past two levels of security at the minneapolis airport, boarding a delta flight to las vegas. flight attendants realize that boy didn't belong on the plane after that plane was already in the air. an airport restaurant worker felt something was a little bit suspicious. >> very, very polite. we started talking. like a home alone movie. he's by himself. >> listen to this one. the t.s.a. is now blaming the government shutdown saying their staffing is low because of furloughed employees. delta, the t.s.a. and child protective services are all investigating that incident. okay. the a.t.f. is reportedly blocking the main whistle-blower in the fast and furious case from publishing a book claiming it will hurt moralee at the agency. the aclu is representing

the author and the special agent and they're saying let this thing be published. he was the first special agent to go public in between with allegations that his supervisors authorized the flow of semi automatic weapons in mexico instead of stopping those weapons. remember miley's crazy performance at the v.m.a.? ♪ ♪ >> here's a scary thought. miley cyrus's v.m.a. twerking inspiring a halloween costume. a leotard with a bear wagging its tongue and that costume is available with a foam finger from the performance. elisabeth, you probably remember this. you look for a halloween costume for a lady and it's hard to find one where you >>steve: what did you spend the weekend trying to

do? >>elisabeth: trying to make my daughter a cookie costume. >>steve: home made like the old days? >>elisabeth: home made and wholesome. >>steve: thank you, heather. now to extreme weather all across the nation. snow falling down in parts of wyoming and south dakota and colorado. some areas getting up to four feet. >>elisabeth: also in nebraska, that same storm system injuring 15 and damaging buildings. >>steve: thatok system

of severe weather across sections of the northeast. let's show you what happened with the storm system and what we are expecting. parts of the midwest over the weekend picked up locally up to six inches of rain. that is why we did see flooding like you saw on your screen a couple of seconds ago and across the northeast again. we are expecting severe weather, isolated tornadoes, damaging winds in excess of 60 miles an hour in parts of d.c., into new york city and into vermont. have a way to get those warnings. if you live across parts of the seethe you're expected to see -- parts of the southeast. temperature wise, new york city today you're going to be at a high temperature of 76, 60 in cleveland. the frontal boundary does push eastward. tomorrow new york city at 70. >>steve: maria, thank you very much. now we go over to brian

kilmeade who will tell us about football. >> yes, we are. it's breast cancer awareness all over the nfl this weekend. every single game you saw, they provided these gloves. be a part of it. two late games last night. raiders and chargers pushed back because of playoff baseball but it worked out well for the raiders. in the second half charles wilson ties an all-time record with his 13th defensive touchdown. texans hit the 49ers. this game no contest. first quarter, first job for the texans. it was all downhill from there. the texans get crushed 34-3. the best game yesterday a huge one. broncos and cowboys, if you saw this, you won't forget any time soon. marino hammers it in for

the touchdown. tied at 4848. cowboys with a chance to take the lead. back to pass. tony romo in the clutch. intersection. it happened again. broncos already in field goal range. they convert 51-48. incredible. by the way, a big story in the youth game i want to share with you over in georgia. teammates help an eight-year-old boy with down's syndrome score a touchdown. the creek view grizzlies already asked him to be their manager but on saturday he had a once in a lifetime chance to take the field. the big touchdown took place in the first weekend of down's syndrome awareness month. coming up on radio billy bush will be joining us. michael goodwin, ed henry, james rosen on the radio app "kilmeade & friends".com. >>steve: as we all wear pink let's talk about this

new disturbing information about the motorcyclists in new york city. >>elisabeth: it could be the thing that seals a deal for the prosecution in the movie massacre case. a dating website. details up next. ♪ ♪

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featuring an intuitive rear-key design and 13 megapixel camera. >>brian: quick headlines. a scare in the air for passengers of an american airlines flight from chicago to shanghai. the plane made an emergency landing after flying into a flock of birds. the aircraft had just taken off when it was forced to turn back. thankfully no one hurt. attorneys for colorado movie massacre suspect

james holmes back in court. they are arguing to get certain evidence out of his trial including his on-line dating profile. both included the tag line will you visit me in prison? prosecutors are seeking the death penalty. the trial is set for february. elisabeth, steve? >>elisabeth: more details released about the horrifying beating of a new york driver chased by a gang of bikers and assaulted in front of his wife and baby. >>steve: there is one of them beating down the window. we now know wufrt bikers was -- we now know one of the bikers was an undercover cop. what should he have done to change the case? joining us now is joe cordero. according to the paper two off-duty cops were there on part of the ride, didn't see it. but one undercover cop was there, saw it, didn't want to blow his cover. >> we understand and appreciate the need to maintain cover and to preserve investigations that may be ongoing -fplgt

-fplgt -- ongoing. but at the same time there are a number of ways the officer could have acted. one is call 911. >>call his cover. he would look like maybe i should call the cops. >> absolute hreufplt >>elisabeth: when you are undercover are you exempt from your duties that would normally be expected of you in terms of fighting crime or stepping in? >> it's a difficult situation but no. you still have some level of responsibility. reporting the act, aiding in the investigation immediately, not a couple of days after the incident has occurred. there are a number of ways to do this without blowing your cover. but at the end of the day, it is a difficult choice but you've got to make a choice. either is the undercover status more important than saving a life potentially? it's a difficult decision. but there are procedures in place to deal with that. >>steve: but his cover is blown now because we know there was an undercover guy in that particular gang or that particular group.

eventually they're going to figure it out. >> sure. again, it really comes down to what are what are the minimum standards we expect of our police officers. >>elisabeth: unless it was something much larger. maybe we don't have the big picture. if there is an undercover cop with these riders, they are obviously after something much more grand; correct? >> the investigation is unfolding. we have limited information. at the end of the day, whether you are investigating the group or investigating some other, or part of another investigation, at the end of the day we have some basic duties. protect, get help to the family. aid the family and comfort them and perhaps even aid in the investigation, the apprehension of the people responsible. >>steve: we've been talking about some of the police officers who were there at the time, but let's talk about some of the -- the guy, for instance, who was bashing in the window, this reginald chance featured in

the front pages of the tabloids today flipping off people as he was in court yesterday, apparently this guy had a suspended driving license. he should not have been driving. he looks like a career criminal, 2 # -- 21 prior arrests. this is a big problem. there are a lot of people out there driving who shouldn't be. >> absolutely. on a broader scale, i think this was part of a larger event that it caused problems in new york city in the past. police were aware of the potential problems. if you look at some of the video out there, you can see there were a lot of things going on that really posed a real danger to the public. >>steve: no kidding. joe cordero from the cordero group, thank you. >>elisabeth: coming up, two terror raids and a government shutdown. so why is the president weighing in on a name change for the washington redskins? a lot of you are fired up about this one and your e-mails and tweets are

next. >>steve: this can't be a good sign. the olympic flame goes out right after russian president vladimir putin lit it up. that bad?

>>steve: because of the government shutdown spr-pb guards are essential but they're working without getting paid. while they are working without getting paid, inmates are getting paid because they are paid from a separate federal budget

account. you're outraged about this as well. >>brian: angel says my husband and son are government workers. we have bills to pay and even mortgage companies won't wait until the government quits playing games. i talked to someone over the weekend who is a professor at kings point merchant marine academy. shut down. furloughed, no paycheck. certain academies can, certain academies can't. >>elisabeth: we have an e-mail from charles. government officials have no common sense whatsoever. it doesn't take a rocket scientist to see that. >>steve: we told you a while ago that one of the things you would think would be essential would be the amber alerts. the department of justice decided they're going to make those people nonessential. so if somebody goes missing and an amber alert should be issued, it won't be because the department of justice has chosen to shut down that website. >>brian: either this is a government shutdown or it's not. 18% of the country is shut

down. the rest go to work. on friday, secretary of defense hagel says i'm calling back 400,000 civilian government workers. either the government is shut down and there is no money or it's just a staring contest. >>steve: are you essential or nonessential? the people being called back as essential are working but not getting paid. >>elisabeth: how does something as critically successful as the amber alert program get put on a nonessential list? that is something that has recovered nearly 1,000 children fully since 1996. certainly that has a lot of people -- >>steve: just a little disconnect. >>brian: we're going to continue to read your tweets, facebook, and also if you want to yell outside, we can probably hear you through the glass. >>elisabeth: the white house says obamacare is a success so why is the website down? why haven't they told us how many people have signed up so far. donald trump giving his

reaction. >>elisabeth: shark tank kevin o leary here to tell us secrets of success like when do you teach kids about money and can you ever get out of debt? stick around. ♪ ♪ a challenge. ♪ this is the age of knowing how to make things happen. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor.

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>>brian: how many people signed up for obamacare? don't ask the white house. >> i don't have the exact number. it's the wrong question. >>steve: he's got the wrong answer. >>brian: i cannot wait to say that to somebody. it's the wrong question. donald trump in to weigh

in. >>steve: vladimir putin experiences a power failure as he lights the olympic flame. watch this. he lights it and then poof. >>elisabeth: it is not easy to keep that thhng going. >>steve: that's embarrassing. he's unavailable -- somebody get his script out. "fox & friends" hour 2 for our monday starts right now. >> hi everybody. i'm bruce jenner, and you are watching the best show on television. "fox & friends." >>brian: what's up with bruce jenner. is he divorced? >>steve: it's just a reality show. >>brian: do you know, elisabeth? >>elisabeth: no. >>brian: they're having problems. why live our lives when you can watch theirs. >>steve: according to my children, because i asked the same question. they're living in another house but it could be just for the show.

heather nauert, where are you? heather? >>brian: we have no idea. >>elisabeth: that is hard to keep the olympic torch lit. >>steve: heather, come in. we're going to do the headlines. normally we would be doing donald trump but he's not available. so come on over and do the -- >>elisabeth: that happens. >>steve: she was preparing for today's event. >>brian: the ladies room has to get closer or we need roller skates. >> new information on raids in somalia and libya. al qaeda operative aby anas al libi captured by army forces in libya. he will be handed over to the f.b.i. and brought to the u.s. to stand trial on terror charges. >> my apologies for being

tardy. al libi's son has seen video captured on security cameras of this dramatic scene in libya. he says al libi returned home from morning prayer to four cars waiting for him. he describes masked men getting out of the car, beating up al libi and dragging him into that car and then driving off. the somalia operation was apparently carried out by seal team 6. it was designed to capture the commander of al-shabab in somalia. the seals were forced to withdraw after they came under heavy fire. we'll keep you posted as we learn more about this. chaos at an indy car race. a horrific crash sends three-time champion dario franchitti's car flying through the air and into a fence. look at this. the crash happened as he was battling a fellow

driver. this was on the last lap of the houston grand prix. you can see all the debris as it flies into the stand. 13 fans and one official were hurt. >> it was pretty scary. very frightening. >> the car completely spun around. the tires were flying off. >> dario franchitti remains hospitalized with a concussion, two fractured vertebra and a broken ankle. police looking for suspects in the stabbing death of an army soldier. a 20-year-old army specialist and his friends were walking along a washington state highway when someone in a car reportedly yelled a racial slur at them about being white. one of the soldiers yelled back about the suspects being disrespectful to combat veterans. five black men got out of the car surrounding the soldiers. >> it was a random act of violence to someone who did not have it coming. he was loved.

he left knowing that we care about him and he left knowing that we were there next to him. >> investigators say one of the suspects stabbed army special guykey before they all took off. police hunting for them now. the olympics off to a bumpy start. russian president vladimir putin lights the olympic flame in moscow but the eternal flame went out as the torch bearer -- this guy right here -- went through a way on to the kremlin -- hard to keep a straight face with this one. security guard standing by with a lighter. the torch will travel 30 thousand miles across resolution and even into space before next year's game. he looks like the perfect picture of health. he looks like he's going to have a heart attack. >>steve: i hope they don't take it into space and give to to george clooney. >>brian: another victim of the government shutdown. amber alerts. taken off-line because of the government shutdown. it has been replaced with one simple line saying due

to the lack of government funding this official website is unavailable. the website recovers hundreds of missing kids. donald trump, shouldn't this be an essential service that the government continues to fund? >> absolutely, there is no question about it. >>brian: why do you think it's done? >> i think they're doing it to try to get things going again, but actually the republicans are doing a lot better than people thought. a lot of blame is not being put on the republicans and the obama administration is not leading. and i've said that from the beginning. you have to give boehner and some of these guys pretty good credit. they're out there, taking big risks, big chances and nobody is there, nobody is talking and nobody is leading. we don't have a leader. i mean, there is no leadership. this country is in a free-fall. >>steve: donald, last week we were telling folks about how they -- the, at the direction of the white house they closed the world war ii memorial to all those veterans with the

honor flight. now they've cut the cord on the amber alert. i was reading on-line there are a number of people who feel like the administration is trying to exact some pain from the people so they can blame the republicans. >> well, then you had harry reid's horrible, horrible statement about the young child with cancer and they do nothing about it. i'm sure he didn't mean that. i would hope he didn't mean that but it came off horribly the way it was stated. they've got a lot of things going on right now, all they have to do, they have to sit down and work something out. obamacare is a disaster. something is going to have to be done and it's going to shut down the country any way because the country can't afford it. it's not good any way. it doesn't work and we're seeing that it doesn't work. their website doesn't even work. he had to set up this website -- >>brian: thee years. >> they have had years to do it. they hire these so-called great professionals and it's a total disaster. less than 1% of the people are getting through. it's a total catastrophe.

it just shut down. this is a good example of how the actual, how obamacare itself is going to act. it is not going to work. i would say the website will work better than obamacare will work. it's a real disaster going on in this country. >>elisabeth: that is quite a statement. you're not even allowed to ask a question about how many people actually signed up. it's the wrong question; right? >> you're going to have people sign up. a lot of wrong people are going to sign up. a lot of people that have no intention of working are going to sign up. we need people in this country that are going to work. you're going to have a lot of people signing up that, frankly, are going to like it because they get something for nothing. the people that really need it are not going to get it and that's the problem. it's not going to take care of the people that really need it but it's going to take care of people that want to take advantage of the system. we've got a real problem with obamacare. i respect what's going on in washington from the standpoint of thegz shutdown. frankly, if the republicans would stick together,

they'd win because at some point the obama administration has to negotiate. despite 99% of what you hear on television, they're not negotiating. if the republicans would stick together, they could win this thing. >>brian: john boehner says i told the president there's no way we're going to pass a clean resolution. the votes are not in the house to pass a clean debt limit. then when jack lew was asked about this negotiation, here's his give-and-take with chris wallace: >> what happened this week is we saw seven million people go on to the web page to find out what are the their choiceness this new marketplace. >> how many people signed up? >> they have six months to sign up. >> how many signed up? >> i don't have the exact number -- >> do you have any number? >> it's the wrong question -- >> i may look but have no interest in the fact that i -- >>steve: i believe louisiana after the first day reported they signed up

zero people to theirs. and i think stuff like that was embarrassing. it probably is a really small number coupled with the fact they have had these technical snafus. we have a viewer by the name of christian in mississippi just got that system is down message this morning. it still ain't fixed. >>elisabeth: it says still down? >> first of all, that is a man that did not want to be there. there is no question about that. he wanted to talk about other things. he didn't want to be talking about that. second of all, maybe the website is down for a reason. maybe it is down because they want it to be down because things aren't looking so good. the fact is obamacare is going to be very expensive for people. i'm not just saying for the country. people can't afford it and people producing jobs can't afford it because businesses will be shutting down all over the country. >>brian: from the big business standpoint, when you talk to people you have on your speed dial, if our nation goes to the debt limit and we don't come up

with some type of deal, how does that affect a guy like donald trump? >> first of all, i don't think it's going to go into default. but i do think if we allow laws like this to go through, we're going to be in much bigger trouble long term. what they're trying to do is nip it in the bud. then i give a lot of credit to a lot of different people. but if the republicans -- and i mean this and i said it last week and i'll say it again. if the republicans stuck together, they could make a great deal. they're not sticking together. we have to end this shutdown. we have to -- so far the shutdown has not had a huge effect on anything, even the stock market. there is no movement in the stock market of any consequence. if the republicans could ever stick together, you have john mccain saying -- and, you know, i like john mccain, but you had john mccain saying we can't win. that's a terrible statement to make. how do you go into a negotiation saying we can't win? so if the republicans actually got together and stuck it out, they could win.

absolutely. >>brian: the problem was they had a different deal and john boehner admitted to it in the spring and they looked at the whole thing and said $17 trillion, obamacare is here, i have to change my stance. that's what the democrats are saying. how can you move the goal post, but in reality we have to move the goal post because the current financial situation is a disaster. >>elisabeth: is this also being used as scare tactics? if we're not going to default, if we can pay the interest on this, what's the point of all this nonsense any way, and drama? >> you've got to remember the pressure is on president obama and the obama administration. as i said, in 20 years, in 100 years when they write about this, they're not going to be talking about boehner. they're going to be talking about the president's administration. he's got a lot of pressure on him to get this thing solved. but you have to negotiate. he doesn't want to negotiate. he doesn't want to meet. he doesn't want to talk to people. the right guy would get everybody into a room and would make a deal. you've got to get them into

a room, you've got to talk to them, you've got to cajole. you've got to do what you do when you make deals and they're not doing that. >>brian: donald trump, thanks for joining us. we like this monday deal. >> i like it too. >>steve: a great deal for us and america. thank you, donald. it is 13 minutes after the top of the hour. terrorists criticizing the latest u.s. navy seal raid claiming the united states failed and they've got proof. but a former navy seal says the terrorists are lying. his side of the story when he joins us next. >>brian: one of the bikers accused in this vicious road rage beatdown is off the hook and he's got this message for you. what the judge -- what judge let this happen? ♪ ♪ good job!

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>> brian: new details this morning about two daring raids on enemy hideouts. john kerry is defending the capture of this guy in libya, a guy we've been wanting since 1998. now he's being held on a naval ship and i have my fingers crossed we're actually questioning him directly. the other raid took place in somalia. seal team six did it. the same seals who brought down ubl, taking out a member of al-shabab. terrorists claiming the united states failed at this hour because we perhaps did not get the target we wanted. former navy seal chad williams says the terrorists are wrong. he's here to explain. chad, what was behind this move and the fact that we didn't get our guy, does that mean we failed? >> i wouldn't consider it a failure because we didn't get the guy and the verdict is not completely in whether or not we did get him. we just didn't bring a body back. but my understanding is that the

seals hit the villa where these guys were staying and they probably cleared the place and eventually the assault lead is going to say all right, boys. it's time to go back. let's roll back. so they go back. i doubt they're ever in any real danger where they're evading a fire fight because they had air support and so at any time, if there are any serious danger, they could have called fire down from heaven from that air support. but they just got to get back to the boats. >> brian: when you saw the kenyan mall, looks like it could be a western mall. when you saw how the people were tortured, do you believe that sent shock waves through our intelligence community that we had to get aggressive even in a place like somalia? >> i'm sure there is a sense of moral urgency and at the same time, there is a little bit of an opportunity now where these guys are surfacing themselves. so they took that opportunity with the intel that they had to go ahead and make a move. >> brian: here is what the terrorists said. al-shabab's spokesperson. it was carried out by white people who came in with two

small boats from a larger ship at sea. one guard killed, but others came and the foreigners left. is that an accurate portrayal of how an eyewitness might report it? >> when in all reality, when seal team gets into a gun fight, these are the best shooters and movers on the face of the earth. there does come a time where they decide, let's go back to the boat. so i don't believe they were beaten back, as it's been put. they just decided let's go ahead and make our way back to the boats and now these terrorists are trying to grandstand and act like they beat back the seals. >> brian: you are somebody who took orders to go do these things, but in the big picture, you can now step back and look at the threat that these terror groups pose to america potentially. are you pleased that we're on the offensive now, at least for a weekend? >> absolutely. these guys are very dangerous.

i've been face-to-face with the type of person that would love to cut an american's head off given the opportunity. so it's a real issue overseas and if we just stand back and do nothing about it, it could fester and come over to our shore. >> brian: that is a message hopefully this somali terror group got. the guy in charge, it doesn't look like we got him, but he certainly got the message. chad williams, thanks so much. >> thank you for having me on. >> brian: ten minutes before the bottom of the hour. coming up straight ahead, a look at this and imagine what you would do. a car comes crashing right in to you. but this driver managed to escape just in time. and should we get rid of pee wee football? before you answer, wait until you hear the results of a brand-new study about adult size hits kids are taking

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>> steve: time for news by the numbers on this monday morning. first, 3 billion. that's how much the government spent on that department of housing and urban development in the first three days of the government shutdown. that's the same amount spent this time of last year when the government was up and running. how did they do that? next, 55.6 million. that's how much money the movie "gravity" made at the box office this weekend, breaking records for an opening in october. congratulations, george clooney and sandra bullock. finally, 70. that's how long this couple has been married. they met during world war ii and were married just three days later. they have four children, six grandchildren, and four great grandchildren. congratulations.

elisabeth? >> elisabeth: yes, steve. i like those last numbers. this morning, some of america's largest youth sports organizations like pop warner and usa football are forming an alliance to address concussions. this after a new study claims that hits kids throw on the field could have as much impact as nfl players. how can we protect our kids from serious, even permanent damage is it p with me now is a young adult sports medicine physician. welcome, doctor. >> hi, thank you for having me. >> elisabeth: thanks for being here. obviously a ton of parents concerned. i have three little ones playing sports. this commission or oversight committee seems to be a good thing. correct? >> absolutely. sports needs to be fun and we need to keep it safe for kids so that they don't risk injury to themselves and that we can keep it fun for them. >> elisabeth: some of the recent numbers coming in at 60% of the big hits that kids are taking on the field are happening at practice. that's certainly interesting.

then a lot of parents concerned that the practices might be too rough. what should coaches and parents be knowing and doing? >> what we should know is that when you look at injury risk, we always talk about games having most of the injury risk. people are more likely to be injured during a game. but with these young kids, we've seen with the few studies that are out there that practices may be just as devastating as games, if not more. so it's important to recognize that, especially when kids are playing, both at the younger level, playing offense and defense. they're seeing a lot more number of hits and trying to decrease the number of hits that they're seeing in practice may help decrease their cumulative risk of head injury or devastating head injury. >> elisabeth: do you believe that parents and/or teens should be having impact testing to get a baseline for kids as young as six years old or five playing? >> so impact right now or the neurocognitive test that's out there, i'm not sure we're quite at the level to test a six-year-old yet. but some of the young players,

that can be useful to have a baseline so we can compare going forward if there is an injury. so yes. it can be helpful in certain situations. >> elisabeth: the discussion is out there, okay, we should take the helmets out. let's play flag football. i've seen flag football games, the kids aren't running any slower or getting hit more gently. is that the solution here? what's the real solution on the field? >> i don't think the solution is necessarily to get rid of football. but i think that trying to make it safer, whether it's through rule changes or through better equipment. we don't have a football helmet yet that prevents a concussion. and i know people are working on this, they're researching very hard to try to come up with something that will protect kids. so i think prevention from an equipment standpoint, from rule changes and from just knowing and being educated. if you see someone with a concussion, sit them out, let them get evaluated by a medical professional so that we know whether or not it's safe or not for them to return to play. >> elisabeth: if you think your

child has a concussion, take at least 24 hours to take them out of their practice. correct? >> yes. absolutely. >> elisabeth: doctor, thanks for being with us today and answering a ton of our questions. >> thanks for having me. >> elisabeth: next, one of the bikers accused in the vicious gang attack has this message for you. but guess what? he wasn't even supposed to be on the streets. we'll show you the judge who let him go earlier. and does this girl look fat to you? her school thinks so and they sent her home with a letter for mom. you'll hear right from her. ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant no pain... no pain.

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>> elisabeth: it's your shot of the morning. this weekend was parents weekend at southern methodist university in dallas, texas and sally doocy had a special visitor. good dad, steve. >> steve: by the way, there i am wearing my smu shirt. we were just there a couple weeks ago. i thought it was going to be hot. i wore all the wrong clothes. >> brian: what do they do? >> steve: they have a football game. it was smu versus rutgers. went into triple overtime. it was very chilly. they have various events and you go around. generally you go and you see how your kid is adapting to college life. >> brian: in your kid, tarsale gee. >> steve: she's a junior year, first year in an apartment. wouldn't let us in.

[ laughter ] i said, so -- no, no, it's really clean, but somebody might be sleeping. it was 2:00 o'clock in the afternoon! she was right. somebody was sleeping. >> brian: wow. so parents, it was your chance to go up after a month and see how she's adjusting and you have to give her a thumbs up? >> steve: you go in, plus we made one trip to bed, bath and beyond. >> elisabeth: that's mandatory. >> steve: and she drove us through the streets of dallas and it was terrifying. >> elisabeth: and cold. >> steve: it was. >> brian: she's not a good driver? >> steve: she's a fine driver. but little scary when -- you know that red light is not a suggestion. that means stop. >> brian: right. >> steve: anyway. it was great. >> brian: we have this thing by my house when the lights go off when you go through. they beginning, i'm like, the paparrazzi are everywhere. it's a red light camera. you see the pop and the flash goes off.

wow. another fan. >> steve: you're going to get something in the mail. >> brian: i get them in the mail! they all come in the mail. i go on-line, i swear to my wife, listen, they got it wrong. it was a yellow light. so you go on-line, you can watch the video of yourself rolling through the light. >> elisabeth: the weird thing is brian's picture looks like this. >> brian: i know. i'm like by the bumper, waving. couldn't be me. my wife didn't like that because she never drives me car. >> steve: anyway, it was great parents weekend and i'm sure a lot of you go through the same thing and you know what it's like. meanwhile, we've been talking to you a little bit about this bike ride through the streets of new york city that turned violent where a man and his wife and child were involved in an altercation. somebody gets run over. as it turns -- there goes the suv right there. as it turns out, one of the guys, the guy who famously tries to break the window on the suv with his helmet, named reginald chance, featured in the papers

today flipping the bird, he's a career criminal. 21 prior arrests, drugs, robbery, gun possession, stuff like that. he had no driver's license. it was suspended. he should not have been driving. turns out he was on the streets because of a judge who thought he should just do community service. >> brian: do you know the video -- i thought this was the guy who was originally paralyzed. you see the biker get in front of the car and slow down and then that driver has a choice, do you slow down and maybe get jumped by these 25 bikers or do you run over them and that guy spoke today that slowed down the suv who eventually would be in the way. listen to him. >> steve: this is the guy on location, on the streets of upper manhattan who actually intervened when it looked like they were going to perhaps beat up the wife, too. >> brian: so save my intro for

tomorrow's sound bite. >> that's the guy, let her go, man. let her go. we still got each other. look. so they stopped. >> brian: they went after the wife. >> elisabeth: they did. this guy, it was 21 prior arrests charges and due to a sweetheart deal, he's out with community service and able to do this. we also found out something else, too. we now know at least one undercover cop was involved in this incident, which is kind of shocking. >> brian: and he wouldn't jump in and just blow his cover, just say hey -- you don't have to. i'm a rational human being. stop beating up a defenseless man with a two-year-old in the suv. >> steve: we had a former new york city police department detective on earlier and he said what -- see, we were under the impression, the guy had infiltrated the gang to watch it. he felt that the guy had not infiltrated the gang, but instead, was just a member of the bike club and then it's a

choice, do i go ahead and do the right thing and stop it or do i reveal -- of course you do. he was not supposed to be in the gang. so that was the trouble and now he's really in trouble. >> brian: that's why think if you're a cop and you have to make a decision. do i stay in my gang? >> steve: it was a motorcycle club that they probably should not have been in. >> elisabeth: in the moment, it seems impossible not to help, if that's what you're trained to do, to not get in there -- >> steve: now we know one of the guys was out on the street because the judge gave him community service. >> brian: to make them seem sympathetic, some of these bikers seem sympathetic and that's who you'll hear from tomorrow. >> steve: let's go over to heather nauert, she has the headlines. >> the cop doesn't intervene, but the man on his way to church, soldiery, does intervene. thank goodness for him. maybe divine intervention there. some headlines, acf is

reportedly blocking the main whistle blower in the fast and furious case from publishing a book. the agency claiming that it would hurt morale there. the aclu is now representing the author, special agent john doddson and they say let it be published. dodson was the first special agent to go public in 2011 with allegations that his supervisors had authorized the flow of semiautomatic weapons into mexico instead of stopping them. and talk about this, a driver avoids a potentially fatal car accident. look at this. oh, boy. the driver quickly veering out of the way, avoiding the truck that was barreling in his direction. as for the other driver, he got lucky, too, with just a broken arm. oh, my goodness. does this little girl right here look fat to you? a mother in florida is now

outraged after her daughter was sent home from school with a letter warning that she's overweight. the 11-year-old girl,' 5', weighs 124 pounds and the school says her weight and her height classify her as overweight. her mom argues she's an athlete and is all muscle. >> my concern is kids that see the results of this test that may be classified as overweight that aren't and the self-esteem issues they may get. >> the mom also says her daughter eats healthy and not worried about her weight. there are all kinds of scales you can look at on-line, of pediatric and what children should weigh. she's a healthy weight. i plugged in the information. >> steve: not according to the government. >> elisabeth: she's right there in front of them. >> steve: nuts. clean-up across the nation this morning after a weekend of extreme weather. snow fell in parts of wyoming, colorado. some areas got four feet.

also nebraska, that same storm created a mile wide tornado in which 15 people were injured and a number of buildings were damaged. the system moved down to the south. six inches of rain pouring down in louisville, ken condition, causing -- kentucky, causing flash flooding and it was probably the reason i had the wrong clothes in texas. maria molina joins us right now from the streets of new york city. >> you're absolutely right. good morning. we're looking at much cooler temperatures across the center of the country, including parts of texas because of that very same storm system responsible for snow, for tornadoes, and even flash flooding. i want to show you how much rain we got in parts of the midwest. not just kentucky, but parts of indiana, ohio and sections of missouri. we picked up up to six inches of rain and that's really why we had issues with flooding over the weekend here. this storm system is headed eastbound. so if you live along the east coast today, from the northeast to the southeast, you could be dealing with areas of rain and

in the northeast, you could be dealing with severe weather, parts of upstate new york, vermont, down into parts of the mid-atlantic. damaging winds and isolated tornadoes being the main concern. as far as how much rain we're expecting, just a couple of inches from the northeast to the southeast. i don't really think flooding will be a major concern. of course, localized flooding is always an issue when you do have very heavy thunderstorms producing a lot of heavy rain in a short amount of time. temperature wise, not too far from normal across the northeast. temperatures will be getting a little cooler, especially during the early morning hours in the northeast. when the front pushes through tomorrow, temperatures will be in the 50s. now back inside. >> elisabeth: thanks. i think she did warn you about the cool weather coming in for your trip. i remember that. >> steve: i forgot it was a big day. it was a big day. all right. 18 minutes before the top of the hour. get ready to meet akevin o'lear" is here to share his secrets of success. like what do you teach your kids about money? hey, good morning.

it's our second guest. >> elisabeth: as we enter the second week of the government shutdown, the president says he's not negotiating, but is his side of the aisle really on board with talking? we'll ask senator gutierrez. >> steve: good morning. >> brian: time for your aflac trivia question of the day. born on this day in 1959, this reality star show once worked on "the shining." who is he? be the first with the correct answer and you're get a prize ready to run your lines? okay, who helps you focus on your recovery? yo, yo, yo. aflac. wow. [ under his breath ] that was horrible. pays you cash when you're sick or hurt? [ japanese accent ] aflac. love it. [ undehis breath ] hate it. helps you focus on getting back to normal? [ as a southern belle ] aflac. [ as a cowboy ] aflac. [ sassily ] aflac. uh huh. [ under his breath ] i am so fired. you're on in 5, ck.

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>> elisabeth: welcome back. time for quick headlines. 200,000 bottles of motrin infant drops being recalled. johnson & johnson claims the product may contain tiny plastic particles. the recall is for original berry flavored bottles. and in only five months old, your child's future may already be known.

the government funding a controversial $25 million project. the map of the genes of hundreds of babies to look for health risks like heart disease, cancer down the road. >> steve: speak of expensive, we're one week into the government shutdown and that means one day closer to the october 17th debt ceiling deadline. so who in congress will be t first to budge? where is the middle ground that will break the stalemate? joining us with insight, democratic congressman from illinois and author of a new book, louis gutierrez. good morning. >> good morning. >> steve: everybody is looking in and it looks like a stalemate. the republicans are saying, hey, mr. president, gout to come to the table and talk. and the president is saying, i'm not coming to the table to talk until after you guys go ahead and cave. >> i think what we should do now, and i know that there is a republican congressman from

virginia that is saying the same thing and some other colleagues. i think it's time to open the government up. i think if we had a vote on a clean continuing resolution, 'cause in reality, we're talking six, seven weeks now. then we should go back to our budget process. >> steve: john boehner said yesterday that if he did a vote on a clean cr, it would not pass. >> let's do it. let's try. i think we should -- i know that there are congressmen from new york that want a clean cr and they want to reopen of the let's try let bipartisan work and let's try that as an option. >> steve: speaking of bipartisan, the thing is right now we have a divided government. once upon a time, barak obama had both houses and the white house. now he's got to deal with the republican congress. rather than dealing with them and compromising, he's just going, this is the deal, take it or leave it. >> look, i went to congress to expand health care for america. i didn't like obamacare because

i didn't think it went far enough. that was my perspective. i still voted for it 'cause i thought i would compromise and do a greater good. so i tried to do as much good as i can for as many people as i can and look at the legislative process that way. i do believe in the bipartisanship. as you probably recall earlier this year, i invited paul ryan to come to chicago. we have a wonderful event on immigration. he came to my town. but you saw what happened. he got millions of dollars in negative ads thrown against him and i went, many of my -- some of my democratic colleagues said, why are you hanging around with paul ryan? it isn't as though the congress of the united states is very receptive from either side to people working together. i think that's unfortunate. >> steve: you got to work together. do you think at some point the democrats are going to say, mr. president, we've got to compromise? >> i think that -- i believe the people are saying. but let's look, when the president wanted $2.2 trillion in his budget, ryan's budget --

>> steve: they're great big numbers to all of us. >> my point is, the continuing resolution -- we're only $10 billion away and in washington, that's not much. let's make an agreement on a number. >> steve: your book tells your story. you're living the american dream. as a kid, you slept in a closet. >> sure. >> steve: you drove a cab and now here you are a member of congress. >> i think that's what the book is about. it's about being born and raised -- my mom and -- my mom came to new york city in 1952. i can't imagine what it was like for her without a coat, not understanding the language. >> steve: straight from puerto rico. >> she got married six months later to my dad. they moved to chicago. i remember the apartment we had, when i reached like 11 years, they said, you can't be with your sister, so the only thing was was a closet where they put a cot. today i'm negotiating comprehensive immigration reform and i think the people should

believe that they can make a difference, that their life can be different. i'm a product of public schools and look, i didn't go to harvard. i didn't go to yale or princeton. i went to a public university and i'm negotiating with the president of the united states. >> steve: you know what? you're still dreaming. that's the name of your brand-new book. louis gutierrez from illinois, thank you very much. >> thank you. >> steve: now go back to washington and get something done, will you? >> i will. >> steve: thank you, sir. all right. ten minutes before the top of the hour. get ready to meet a shark. kevin o'leary from "shark tan" here to share his secrets of success. like what do you teach your kid about money? and the government shutdown entering day seven and the government wants to make sure you feel the pain now. fishing in the ocean off limits. wait 'til you hear this good job! still running in the morning? yeah. getting your vegetables every day?

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>> elisabeth: the answer to the aflac question of the day is simon cowell. our winner is patricia cookson, from delaware. congratulations. you will be getting a copy of brian's new book. >> steve: and i started reading it yesterday. it's great. >> brian: wow, thank you very much. >> elisabeth: my kids will love it, too. >> brian: thank you. six minutes before the top of the hour. he's known for giving hopeful entrepreneurs the cold hard truth on tv's "shark tank." joining us now, kevin o'leary, author. welcome. when you joined "shark tank," did you think you were joining a hit like this? >> no. no idea. we're proud of the show because what's happened is a -- the last few years, kids are watching. who thought business would be so interesting to families?

that's what's happened. it's a huge hit with families and we love that. >> elisabeth: we love it. my heart rate goes up during the show. i just want some people to get a deal. you mentioned kids. what about financial literacy? when do you start talking to kids about money? >> that's what i'm focusing on now. i don't think we should be concerned anymore about keeping a taboo. i think we should start at age five to six. explaining where money fits into the family. we teach education and everything. geography, physics, math. not money? that's crazy. >> steve: number one reason people break up who are married, money. what's the biggest mistake married people make? >> they don't do due diligence on each other before they married. they let the emotional aspect of courtship reign when really they should be checking each out -- >> steve: let's say they didn't do that, but now they're married? >> over half the marriages dissolve and it's 90% due to financial stress. so this is something -- the

courtship process has to involve money, period. if you don't have an understanding of your partner's financial past, you don't marry them. >> brian: you made your money in software. you sold your company. you're a great story that took risks. you want to get some phrases out that appear in your book. money sits with you at the table at dinner every night. what do you mean? >> i use that because with my own kids when they were six and seven years old, i started leaving an empty seat there saying, that's money. that's money sitting there. they would say, whose money? we would talk about it. i know that sounds crazy, but it worked. they understood that that was a member of our family and needed to be respected because in your life, money can be your most powerful ally or your worst enemy. >> elisabeth: that is true. and a nation, too. >> absolutely. >> steve: in his book, he's got 50 common money mistakes and how to fix them. check it out. kevin, thank you very much. >> brian: look at this, signed by the author. that is not my copy because i didn't pay for it. >> i'm going to leave it with

you. >> brian: good. >> elisabeth: thank you. up next, trick or twerk? parents, would you let your daughter do this? the hottest and most controversial halloween costume. >> steve: poor hannah. ♪ [ inhales deeply ] oh. what a relief it is. tomato florentine soup, it took a little time 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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>> elisabeth: good morning. today is monday, october 7. i'm elisabeth hasselbeck. the government shutdown putting missing kids at risk. as the stand-off enters day seven, the amber alert program goes dark. got to be kidding me. >> steve: that's not the only nonessential service getting the ax these days. the feds now trying to close the ocean to fishermen. they can't make a living until washington makes a deal. monty hall, where are you? >> brian: good news for trout. a nine-year-old boy gets through the airport, is checked through security and hops a flight to vegas. without a ticket. and by the way, did i mention he ran out on the check because he ate at a restaurant? what is the tsa's excuse?

you're not going to believe it when you hear it. "fox & friends" starts now. >> this is brooklyn decker and you are watching "fox & friends" >> brian: brooklyn decker is married to that broadcaster, andy roddick. >> steve: that's right. >> brian: he is on fox sports 1 like 24 hours a day. >> steve: which ocean are trout in? >> brian: good point. by the way, trout are fresh water. that was the first fish to jump into my head. >> steve: how about flounder. >> elisabeth: he's like an underdog because they swim upstream. >> brian: listen, i apologize, mr. outdoor channel. >> steve: i'm just talking about closing the ocean. you're talking about good day for trout. >> brian: so i messed up. >> elisabeth: can you guys get along. >> brian: are you getting a flashback? [ laughter ]

>> steve: okay. whoopie and thank you for joining us on this monday. >> elisabeth: in other news, we are waking up to another victim of the government shutdown, amber alert, of all things. the official web site taken off line and it's being replaced with one simple line stating, quote, due to the lapse in federal funding, this office of justice program's web site is unavailable. >> steve: joining us today, we've got bret baier, the host of "special report" right here on the fox news channel kicking off once again tonight at 6 p.m so it looks like we need an amber alert for the amber alert. >> yeah. pretty amazing. i do want to say i think deep sea trout fishing has been -- until come on, bret! >> brian: i reached for a fish and i grabbed the wrong one. >> elisabeth: it happens. >> we got you. >> brian: i apologize to fluke everywhere. >> steve: going back to the amber alert, the department of justice, you know, eric holder gets to decide, is this department essential or nonessential? is this nonessential?

is this essential? he said -- somebody, some genius at the department of justice said, you know what? it's not really essential. it is essential. >> yeah. there will be a lot of pushback on this. it will gain a lot of attention. obviously it already is getting attention. you're right, these different departments do make decisions about what elements of their departments are essential and what aren't. the bottom line on this whole shutdown deal is it does not seem like this is coming to an end any time soon judging by the weekend's comments. we could be looking at week three very easily after this week. >> brian: you know, in my opinion, week one, the president seemed to have the upper hand, clearly the gop were on their heels. i think it will be a different week this week, just judging by what i heard over the weekend. here is the speaker talking on abc about what he was hoping would happen this weekend. >> the president is risking default by not having a conversation with us.

>> continues to refuse to negotiate, the country is going to default? >> it's the path we're on. listen, the president canceled his trip to asia. i assumed, well, maybe he wants to have a conversation. i decided to stay here in washington this weekend. he knows what my phone number is. all he has to do is call. >> elisabeth: call me maybe is what he's saying. we've got that. what's your reaction to him there? >> i tell you what, a lot of people didn't think that the speaker was going to come out that firm actually. they didn't know what he was going to say. but when he did say what he said, it seems like we are headed down this path that is going to be a long time before probably up against october 17th. on the flip side, if you listen to secretary lew and the adamant statement that the president and the white house are not going to negotiate unless there is a clean continuing resolution, a clean debt ceiling vote; in other words, nothing is attached to it, you'd see the chasm

between the two sides. >> steve: you know what? we love you because you do set up our sound bite so perfectly. you just mentioned jack lew. jack lew was in the studio you're sitting in, studio a right there in our bureau in washington, d.c. yesterday, as chris wallace asked him about, hey, why does the president keep saying unprecedented? it's not. listen to this. >> if we were to have the unthinkable happen and have the united states default, it would cause real problems. the consequences are immediate and they're very bad. congress needs to act. >> i am telling you that i know the direction is bad. there are a range of how bad. it is not responsible. it is irresponsible and it is wreckless to take that chance, which is why congress needs to act. >> steve: i said unprecedented because in another sound bite, chris says, look, you keep saying the president says it's unprecedented that i would have to make a deal to get a debt ceiling and chris had the fact and said back in this year, this

year and this year, deals were done. so it does look to some, bret, like the administration is trying to force the hands of the republicans who right now are united, trying to scare america into having the republicans cave. >> yeah. and secretary lew is talking about the results of going over that cliff and again, we've talked about here that technically, default is something that would be tough because tax revenues would still be coming in and the government would have to choose not to pay the interest on the debt. that said, if you miss one bond payment, it affects the economy negatively and the definition of catastrophic, i think is what he was trying to get at there and there were not a lot of details. >> brian: i was going -- the "wall street journal" says behind the scenes, he's gotten patty murray is talking with paul ryan and there might be a deal being done actually in the back rooms. we'll have to see. i just thought it was ironic what happened over the weekend, like many americans, i was heartened to see we're still on

the march against terrorists around the world who are plotting against us. in somalia and over in libya. in libya, we actual lea are -- we tried once, we were one for two it seems, we captured an al-qaeda operative, we were questioning him on a ship. we went in there without permission. we took him out. and then we left. that sounds remarkably like the things that senator obama was criticizing george bush for doing. >> yeah. i tell you, brian, it is stark to see the inaction and inability for washington to get its act together and then the precision at which the military, when directed, can plan something and take out a terrorist. this guy is tied to the 1998 kenyan and tanzania bombings. it's believed he was still plotting with al-qaeda and may have been active. that's why they're questioning him on that navy ship. now they're going to take him and put him in the new york federal court system where he's been indicted for more than a decade. and it's interesting to see the

difference. you also had somali, al-shabab leader believed to be taken out by navy seals and these are two operations that are big in the going after terrorists category, pretty bold for this administration. >> brian: i just love that we get to question him rather than look at their dead bodies. we actually get some feedback. that's how we made all the progress leading up to 2008. >> steve: but some people are going okay, you sent delta force into libya to get a terrorist. why not the guy from benghazi? we know where that guy is. we grabbed the guy from 15 years ago. >> brian: he was having a mimosa the last time we saw him. >> yeah. he's talking to reporters down there, the head of al is a rhea, sure. who knows? the message that the federal prosecutor in new york said was that don't worry, we're coming after you even if it takes ten to 15 years. i think the people who are focused on benghazi are

frustrated that it's taken as long as it has to do anything on that. >> brian: we're going to watch you tonight at 7:00 o'clock. is that okay? >> steve: no, at 6:00 o'clock. >> brian: oh, that's right. i apologize. i was thrown off by all the little people that were on the screen at the same time. >> elisabeth: it's the trout factor. >> brian: i'll watch you at 6. i promise. >> elisabeth: we'll be there at 6. thanks. it's time for the rest of the headlines. >> brian: threw me with the trout comment. >> steve: there was something fishy about that. >> elisabeth: get over it, kilmeade. >> got some headlines to bring you. we're talking about payoffs in an indy car race over the weekend. a horrific crash sends a three-time indy 500 champion, dario franchitti's car flying through the air and into a fence. look at this. how frightening for those people in the stands.

this crash happening as he was battling fellow driver on the last lap of the houston grand prix. you can see all the debris as it flies into the stands. 13 fans and one race official were hurt. >> it was pretty scary. very frightening. >> cars completely spun around. i mean, the tires were flying off. >> franchitti remains hospitalized with a concussion, two fractured vertebrae and a broken ankle. earlier his estranged wife, ashley judd, tweeted this, thank you for the prayers for dario franchitti. i have only the clothes on my back and the dogs and we are on our way. police are hunting for suspects in the stabbing death of an army soldier. investigators say that it could be considered a hate crime. 20-year-old army specialist kevin diekey and his friends were walking along a washington state highway when someone in a car reportedly yelled a racial slur at them about being white. one of the soldiers yelled back about disrespecting combat

veterans. five black men got out of their car and apparently surrounded the soldiers. >> it was a random act of violence to someone who did not have it coming. he left knowing he was loved. he left knowing that we care about him and he left knowing that we were there next to him. >> investigators say one of the suspects stabbed army specialist guykey before they all took off. police are hunting for them this morning. the obamacare web site that was supposedly updated over the weekend so it works better. the administration claims it was so popular that that's what caused it to crash last week. but how many people are actually signing up? this morning we still don't know and problems still plaguing that site. a viewer named kristen in mississippi got this system is down message just this morning when she tried to log on. treasury secretary jack lew was asked about how many people actually signed up and here is what he had to say. >> they had six months to sign up. this is a big decision. >> how many signed up? >> i don't have the exact

number, but the question is -- >> do you have any number? >> it's a wrong question. >> no, it isn't. >> the right -- >> i can look and i may have known -- >> a simple question right there. human people signed up? as of right now, the web site is up and running, but for how long? listen to this, no i.d., no problem. a nine-year-old boy slips past two levels of security at indianapolis airport to las vegas. the plane was in the air. airport restaurant worker thought something seemed a little out of place. >> very, very polite kid. we start talking about it. he would say, it's like a home alone movie. he's by himself. you better watch this guy. >> the tsa blaming the government shutdown, saying low staffing is a result of furloughed employees.

delta and tsa is investigating. little kid by himself. >> brian: i have not met a nine-year-old who would pull this off. >> elisabeth: they say you can if you sort of attach yourself with another family. i wonder if that's what happened coming up, one of the bikers accused in the vicious gang attack has a message. but he wasn't supposed to be on the streets in the first place. meet the judge who let him go earlier this year. >> steve: another victim of the government shutdown. fishermen. the feds trying to close off the ocean. those details coming up. ♪ [ male announcer ] even ragu users a. chose prego homestyle alfredo over ragu classic alfredo. prego alfredo?! [ thinking ] why can't all new things be this great?

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>> steve: the government shutdown not only closing down national parks and land, it's also shutting down the ocean. florida's everglades and biscayne national parks closed this morning, which means small businesses that operate in the park are drowning. joining us right now from miami, professional fishing guide, captain tad burke. good morning to you. >> hey, steve, how are you doing? i appreciate the opportunity. >> steve: you bet. national park service informed everybody who works there in the florida bay they can not use the land -- rather they can't use the water because there is a government shutdown. when you saw that, what did you say to yourself? >> it was extremely frustrating and the fact that professional guides that work in all of our national parks are required to have insurance, required to have so many things that they actually rely on just for ourselves without park staff, it's very frustrating to not be

able to go in and use a national park. >> steve: absolutely. okay. so the government said, charter guides like you, you can't take anybody in. how is this going to affect you financially? >> well, the bottom line is the numbers are big across the country. some of the stuff i pulled off l park was basically small businesses and the infrastructure that they support. it's $75 million a day that's being lost to small businesses in revenue from the fact that national parks are closed around the country. let's clarify. this isn't just professionals can't use the park. you as an american citizen cannot go into the national parks right now. i'm talking not without a guide. you can't get in your car and boat and go. >> steve: we're talking about 800 square miles and we've put up a map that details what we are talking about. we're talking about some guy in the keys can't get in his boat and go fishing? >> no. it's not just affecting professionals. it's affecting restaurants.

people that make sandwiches, local businesses. it's affecting people that go to work every day during the week and use the national parks to take their children out to go see the wilderness and go see the wild areas that we still have left in our country. our national parks are our american heritage. >> steve: absolutely. they're landmarks. we should be able to go ahead and enjoy them. we don't need somebody standing right there to make sure that we're not vandalizing it. i don't know what anybody is going to vandalize in the ocean. here is the thing about it, they are patrolling -- you told me during the commercial break, they actually have more people working now than they did before the shutdown to make sure nobody fishes. >> to make sure nobody has accessed the park, yes. i want to stress, this really isn't on a level of national parks as far as their superintendents. the florida keys fishing guide association has built a very good relationship with the superintendent of everglades national park and biscayne. this is coming from way up the chain of command. i'd like to -- a quote that i

really appreciate is when in 1903 when teddy roosevelt dedicated the arcehs, he said the parks are for the benefit and the enjoyment of the people. it is extremely frustrating to know that congress is getting paid, that they figured out a way to pay all the furloughed government employees right now, but yet you and i, me as professionals and all of our national parks, can't go out and make a living. >> steve: 'cause the government employees who are furloughed will eventually get their money, but you are losing a day and that you will never get back. >> every day. >> steve: tough story. thank you very much for sharing it. >> appreciate it, steve. >> steve: all right. 20 minutes after the top of the hour. it's one of the classic movie lines of all time. >> yeah, yeah. show you the money. >> show me the money! >> she me the money! >> yes! louder! >> show me the money! >> steve: the next guest, the real life inspiration for jerry mcguire, jumping into the

sports world. why did he leave in the first place? he's here. and breaking new ground, the details on the christian only dorms at a public university. you're going to want to hear this ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant ♪ ho ho ho (knochello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg.

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>> elisabeth: welcome back. we have quick headlines for you. international inspectors beginning to process of destroying syria's stockpile of chemical weapons. the first weapons officially disarmed on sunday. it should be completed in nine months. and a public college in alabama opening a faith-based dormitory. they will offer daily bible studies. those who live there will have

to follow the rules, mandatory community service, no alcohol, and maintain at least a c average. now to brian. >> brian: thank you, elisabeth. five minutes before the bottom of the hour. he's the inspiration and consultant on the movie "query mcguire." >> show you the money. >> you can do better than that! i want to say it like you mean it, brother! i better hear you say it! >> show you the money. >> not show you. show me the money! >> show me the money. >> yes! louder! >> show me the money! >> brian: wow. and he showed lots of at threes the money during his career as a sports agent. he walked away from everything after a fall from grace just a few years ago. but now he's back, as in just now and ready for a relaunch. lee steinberg, one of the most successful agents in the history of sports and entertainment is back in action. you got recertified in the nfl when? >> last week. >> brian: last week. >> yes. >> brian: lee, what happened? you were there.

nine overall first overall round picks. the quarterback guy, named number one sports agent ever. what happened? >> a series of things reverses happened in my life and instead of dealing with them the way i should, i used alcohol and checked out. and i finally got to the point in march of 2010 where i thought, i have to put everything else aside and focus on sobriety because without that, nothing else works. so i worked a 12 step program, was involved with a unique fellowship and it's been 3 1/2 years, sober years, and now i'm ready to go again. >> brian: from troy aikman to bruce smith, everyone was doing features to you. you are actually consultant on any given sunday. if you went that far already, how can you top you? >> i don't think i'll compete against me, but you know, our philosophy, which is the athlete

is role model, going back to the high school, collegiate and professional community and setting up charitable and community programs, and focusing these athletes on second career, is something that i don't think goes out of style. and -- >> brian: you would make these athletes say, you got to take a portion your signing bonus and form a foundation and the moms liked you for that and the players respected you for that. >> well, my dad had two core values. one was to treasure relationships, especially family, and the second was to try to make a meaningful impact in the world and help people who can't help themselves. so working with young athletes, stimulating the best values in them, and then going back to high school scholarship funds, college scholarship funds and foundations at the professional level makes a difference. >> brian: so you got yourself together. are you worried that when the pressure starts heating up and you're competing for an athlete and he doesn't come to you, that you might go back to alcohol? >> it was never my work that caused me stress. it was things that happened in

my personal life. and, brian, to recover, it's necessary to go through a humbling, very, very arduous experience, nothing could be as tough out there as the last three years. >> brian: as a personal testament, you gave me as much respect when i looked at sports for $12,000 as i did when i came here and every year you had the legendary super bowl parties. it's the place to be. here is the biggest question i'll ask, are they back, too? >> the parties are back. 3500, my closest friends. remember that one year we sent a water machine off to haiti, we had a big screen tv has beening up troops in the field with the party and you could pick up a phone and talk to wound soldiers. so big apple, here we come. >> brian: you haven't picked a venue yet? >> we're look. we've got our talent scouts everywhere. >> brian: all right. lee, it's great. people love a comeback story. we look forward to supporting you however he we can. >> we do our thing on saturday

morning before the super bowl. >> brian: you'll be there, we'll be there. it will be cold in new york. thanks so much. >> my pleasure. >> brian: the biker who set off a chain of events that ended in a vicious beating, breaking his silence for the very first time. >> just turning into another lane. >> brian: nothing wrong. really? more from him next. then would you let your daughter do this? this year's most popular halloween costume courtesy of miley cyrus. ♪ customer erin swenson ordered shoes from us online but they didn't fit. customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy. sales go up, i'm happy. i ordered another pair.

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♪ >> i came out of the garage. people were parked in an unpopular place behind my vehicle. i got out and noticed that there was an abandoned vehicle. >> your shot of the morning. police in a small utah town ticketing a pink barbie jeep as an abandoned vehicle. >> steve: he said this is a joke, right? >> brian: it is owned by two little girls who ended up in the middle of the road. >> elisabeth: poor things. >> steve: that's cute. not so funny. earlier, about a half hour ago, i asked you when we were talking

about trout, i said which ocean do you find trout in. >> brian: it's the indian ocean. >> steve: it's not. you said fresh water and that's what a lot of people think. that's what i thought. you actually find spotted sea trout down along florida. >> brian: that's what i was going to say. all the trout out there, don't let them categorize you as just fresh water. >> elisabeth: was that a trout out, like a shout out? >> brian: that is a drowning trout right now we're sounding. >> elisabeth: i hear that. >> brian: death gurgle. >> elisabeth: for the first time, we're hearing from the man accused of starting that motorcycle gang attack in new york, christopher cruz, is the bike who are first slowed down in front of the range rover and he said he didn't do anything wrong. take a listen. >> i don't think i feel responsible, but i do feel bad for the family that got hurt.

i didn't think i was doing anything wrong with just turning into another lane. >> you were going really slowly in front of him. >> all the bikes were going slow as i am. >> right. because it looked like they were slowing down because you were all trying to get this guy to stop. >> my intention was never to make him stop. >> steve: so that's his story now. also this morning, we're learning that the man suspected of smashing the car window and attacking the driver, bashing it in with his helmet should not have been on the road because he had a suspended driver's license. reporter robert moses is live with the very latest developments. robert? >> good morning to you. police here at the precinct behind me are still investigating this incident eight days after it happened. in fact, this morning they want to speak to at least two more men in connection with this case. yesterday 37-year-old reginald chance became the third man to be charged. he appeared in court and as you can see, made some obscene

gestures in the courtroom to those gathered. prosecutors say he used his helmet to break the windows of the suv. although he didn't beat the woman, authorities say his actions, his breaking of that window led to the beating. earlier this year action chance faced a drug rap and he could have been sent to prison for more than 25 years, but instead, a judge sentenced him to community service. okay. we talked about that beating from last sunday. well, there was a good samaritan in the area.me was sergio. he witnessed the beating. he said that he was on his way to church. you can see perhaps in this video him standing over that scene and urging people to move away from her. he said he saw what was happening and he had to intervene. >> that's it, guys. let her go, man. let her go. we stood at each other action looking at each other's faces. and you saw how they stopped.

>> fortunately, they did stop. there is another aspect of this investigation. it is an nypd internal affairs investigation because there was an undercover detective, an nypd detective along for this ride. it took him four days to tell his bosses that yes, in fact, he was there. apparently he didn't actually witness the beating, but he was nearby and so now he's been placed on modified duty pending the outcome of this investigation. that's the latest from upper many times this morning, steve, brian and elisabeth, back to you. >> steve: robert, we thank you so much. so it sounds like that particular undercover guy was just a member of the bike club which he probably shouldn't have been. >> elisabeth: that's what it seems like. everyone was thinking he was remaining quiet so he wouldn't blow his cover. >> brian: what are you doing with your free time as opposed to that is my work job, to infiltrate that gang.

>> steve: the story is still developing. >> elisabeth: it seems to be changing every minute. we'll keep you posted. in the meantime, we'll go over to heather nauert. >> other stuff going on today, the government shutdown is creating a real nightmare for one elderly couple in nevada. they've been forced out of their own home. it's a private home that they own outright on lake meade. because it sits on federal land. joyce spencer says she and her husband have been living in the family's ice cream store since they got the boot because going home isn't an option. >> i had to go out. >> the spencers aren't allowed back home until the government reopens. new details this morning on that deadly monster truck accident in mexico. officials now say that the driver of the monster truck may have been drunk. alcohol was detected on the driver's breath after the truck plowed into a crowd of people,

killing eight and injuring dozens more. that driver is now being held and could face manslaughter charges. overnight, about 230 residents of camp pendleton in southern california are now being allowed to return home. military base was evacuated on saturday as firefighters battled a wildfire on that site. the spread of that fire has been blamed on dry, hot, windy conditions. so far it's burned through 2500 acres and is now 20% contained. remember miley cyrus' crazy performance at the vma's? ♪ >> all right. sorry to show that you again. here is a scary thought, that twerking has inspired a halloween costume. the twerking -- leotard with a bear wagging its tong and available with a finger she was wagging around. that will president-elect obama

be popular on the sorority set, i would imagine. don't you think? >> steve: really? 'cause they're in college far away from their parents. >> parents can't stop you. >> elisabeth: can't stop the twerk. >> steve: billy ray should have stopped the twerk and we wouldn't be talking about it. >> brian: we asked him about it, he wouldn't take his hat or glasses off. you want to toss to maria? >> steve: i do. she's down in the play. >> and tell us about -- mr. build and tell us about the weather. >> snowfall across parts of the midwest and flash flooding and tornadoes. severe weather was another big concern with our storm system that dumped up to six inches of rain across parts of kentucky, indiana, sections of ohio. we saw flash flooding out here over the weekend. today that storm system is headed eastbound and it will be producing showers and storms across parts of the northeast and some of those storms could produce damaging winds in excess

of 60 miles an hour and also some isolated tornadoes. if you live across places like dc, philadelphia, new york city or even up into burlington, vermont, have a way to get the warnings throughout the day today and also grab your umbrella if you head out today because anywhere from the northeast to the southeast, you are expected to see areas of rain. temperature wise, not bad. 75 over across parts of the northeast, like new york city. 60 in cleveland. in texas, high temperatures today into the 80s. low 80s for you in the city of dallas. as we head into tomorrow, you're talking upper 80s in some parts of texas. let's head over to brian now with sports. by the way, brian, i saw that game, dallas versus denver. very good game. >> brian: really? >> yeah. >> brian: it was one of the best regular season games i've ever seen. thanks for that toss. two late games last night. raiders and chargers. pushed back because of the baseball playoffs. it worked out for the raiders of the second half, charles woodson ties an all-time nfl record with his 13th defensive touchdown. raiders handle san diego 27-17.

late game, texas and 49ers. no contest. in the first quarter, first drive for the texans, schaub, first quarter making a history throw, four pick sixes in four straight games. it was all downhill from there. the texans, one of the big disappointments, lose 43-3. the best of the best game yesterday, a barn burner between the broncos and cowboys. wow. no defense showed up, but the offenses did. a touchdown here. tying the game at 48. romo has to go out. what does he do in the clutch after a great game? it's not a bad interception burks it's still a turnover late again! costly. it would cost dallas the game. they kicked the field goal 51-48. jerry jones would back his star quarterback after, but you got to wonder, so many failures. yesterday, the beginning of a breast cancer awareness month. we saw pink everywhere. >> steve: and i'm wearing the

vineyard vines pink tie. >> brian: good job. >> elisabeth: love that. i have my towel somewhere around here. breast cancer is so important to us all. love seeing that pink on field. next up, the white house says obamacare is a success. but just how successful is it? the numbers are next. well, kind of. >> steve: yeah. ever feel like fido really connects with you, your dog does? guess what? you're right. the proof that dogs have feelings like all of us. >> brian: we know that. ♪

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flavored half ounce bottles. beware of those. turns out dogs have feelings, too, after doing mri scans on dogs' brains, scientists at emory university discovered when dogs respond to familiar human faces, they're using the same part of the brain that humans use in anticipation of the things we enjoy, like food and love. and money. >> the obamacare web site which had technical issues all week because of web traffic. you can't campaign on the fact that millions don't have health care and then be surprised that millions don't have health care. how could you not be ready? that's like 1-800-flowers getting caught up by valentine's day. [ laughter ] >> brian: fantastic. >> steve: i saw one thing on-line that said that some net guy said that the infrastructure that we had employed by this

particular web site could handle 30,000 people on it. whereas remember, they want to sign up at least 7 million, although they say, what, 30 million could use it, but can only be used by 30,000. at midnight last night, itunes put up the new justin bieber song. i got a feeling, millions of people signed up for that. >> brian: and they handled it. >> steve: how can they handle it and we can? >> elisabeth: everyone wants to know how many people visited? how many people actually signed up? but we weren't getting any answers, right, because it wasn't working 'cause it was so unpopular, but jack lew, who couldn't answer any questions chris wallace asked him. >> what happened this week is we saw 7 million people rush to go on to the web page to find out what are their choices in this new marketplace to buy -- >> how many actually signed up? >> they have six months to sign up. >> how many signed up? >> i don't have the exact number, but the question

isn't -- >> do you have any number, because the government has refused to tell us. >> it's the wrong question. >> no, it isn't. >> the right -- >> i can look and i may know i'm not going to need obamacare. >> elisabeth: is this jeopardy? wrong question? >> brian: i am not going to accept that question. next question. something else on that card? here is the thing, people are going to go on because we've been talk being it for three years. even the biggest detractor will go on and see what it is because we might be there because a lot of companies are going to decide that they are going to do this thing 'cause it's better financially for them to not have this on their books. so everybody would be looking on there. how could they not be prepared for that? >> steve: that's the big question. i read somewhere that there was a $300 million contract given out to the company to develop a grant to develop the software for just this. also i bet there were a lot of young people -- remember, they need 7 million young people to sign up. i bet a loft young people signed up, discovered it was going to

cost them a boat load more than they're spending now and just decided, you know what? i'm not going to do it. >> elisabeth: a bunch of people were uncomfortable with the amount of information they had to supply and sit there on-line with all of their numbers and not get any info back at all. just a down server message. >> brian: she's graced hundreds of magazine covers as a super model. but now you can hop aboard the carol alt bus tour? she's here to explain. >> steve: what's her route? >> elisabeth: but first, we're going to check in and see what's going on at the top of the hour. >> hi there, everybody. that looks like fun. good morning. good morning at home. coming up, the big question today, is there a deal in the works over this shutdown? who is going to step to the table first? senator mike lee has been holding fast. is that changing? he will be with us to tell us. and we'll have the latest on the condition of driver dario franchitti and here at fox news, it is a very big day, folks. stick around for the big news.

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>> steve: she has graced hundreds of magazine covers as a super model and she's even hosting her own show, a healthy you, and carol alt. she's giving a special new york honor reserve for just a sect few and joins -- select few and joins us on the streets of new york city today. how are you? >> actually you're joining me on the street. >> brian: get it right. >> steve: i'm sorry. >> this is a big deal! really great people have this. >> elisabeth: whoopie goldberg, donald trump. >> exactly. >> steve: you get your own bus? you're part of the grayline tour? >> i am. and you can sit in my seat in the bus. >> steve: where is your seat? >> i will have one seat where i will write a message to that person that sits in the seat.

>> steve: i think i read that as long as this bus is on the streets of new york city, you can ride this that chair for free, right? >> for free. >> brian: how much does this mean to you? your dad was a firefighter. in the bronks, right? >> right. and my mom is here, my sisters are here. my whole family is here. it's so nice to be recognized in your hometown, of course. but humbling to be in the presence of all the people that they have dedicated buses to because they were looking for not just iconic new yorkers, but people who left their mark on new york city. i'm like, me? >> elisabeth: very exciting. -- which is more exciting, magazine cover for the first time or the bus? >> they're pretty equal. >> steve: you will cut the ribbon. >> look at these things. >> steve: then they will reveal your image on the front of this -- in the cow catcher department. >> come on, elisabeth. help me here. >> elisabeth: you got it. >> can i cut? >> steve: let her rip! >> here we go.

>> steve: there you go! >> now i'm told i cannot steal the scissors. $500 gold scissors. >> elisabeth: that right? >> let's unveil it. >> steve: ladies and gentlemen, carol alt bus! >> brian: here we go. >> steve: woo! >> mom, come take a look. my whole family here. this is my mom and my sisters. karen and chris. they came in. alexei is in the corner hiding. this is our gray line bus. >> steve: if people see that bus, it's not an alternate route. it's carol alt. in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down

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>> steve: before we leave, history made 178 years ago today, fox news channel signed on -- 17 years ago today that fox news channel signed on. >> brian: an exciting line - up on prime time. good morning. it's crunch time in the government's capital. a bigger crisis looms october 17, 10 days from now when the treasury secretary says the country will run out of money and miss our credit card payment unless we borrow more money. this could be a tight wire walk in washington, d.c. hope you had a great weekend, i'm bill hemmer. martha: i'm martha maccallum. house speaker john boehner is standing firm saying