sold one million copies in the first two weeks. went on to become one of the best-selling singles of all time. thank you, jerry lee. bill: we needed that. tomorrow we'll play that at 9:00 a.m. martha: bye, everybody. see you tomorrow. jon: waking us all up there. right now we are covering all the breaking news on capitol hill and there is a lot there happening this morning. but first, brand new stories you will only see here. jenna an atf whistle-blower gearing up for a showdown with the agency behind the "fast & furious" gun-running scandal. the feds don't want him to write a tell-all book and how they are trying to stop him and whether they can do that legally. a feat of strength. fresh off a swim from cuba to florida, a 64-year-old hits the pool for a 4-hour swimathon. why she is doing it. what happens to the human body with that kind of endurance

test. more information on this crash yesterday. a monster truck veering into the crowd hurting eight people. why police are charging the driver and. that is all "happening now." jenna well, very little signs after compromise after a tense morning. another one, right, jon? jon: nothing new on capitol hill. jenna not here. we're relaxed. they're tense down in capitol hill as senate democrats head for another clash with house republicans over spending and the debt ceiling that is the lead headline of the day, everybody. great to see you. i'm jenna lee. jon: i'm jon scott. right now senate majority leader harry reid is setting the table for a test vote to allow the government to borrow more money. challenging rub republicans to the filibuster showdown. the filibuster comes as the partial shutdown of the government is in its secondno e. house republicans are calling for talks and looking for

concessions. president obama stands firm in his refusal to negotiate. >> i can not do that under the threat if republicans don't get 100% of their way they will either shut down the government or they are going to default on america's debt so that, america for the first time in history does not pay its bills. >> the american people expect when their leaders have differences, we're in a time of crisis, that we'll sit down and at least have a conversation. really? mr. president, it is time to have that conversation before our economy is put further at risk. jon: mike emanuel is live on capitol hill. so for house republicans, mike, what is the next play? >> reporter: jon, they're expected to pass a bill that would pay essential government employees, those currently working on time. they think that is something their democratic colleagues will support. they're planning to attach to that the idea of a negotiating team made up of lawmakers that will start working immediately

on fiscal issues, starting with the debt ceiling. here is house speaker john boehner a few minutes ago on the need to talk. >> all we're asking for is to sit down and have this conversation. there is no reason to make it more difficult to bring people to the table. so, there is no, there is no boundaries here. there is nothing on the table. there is nothing off the table. i'm trying to do everything i can to bring people together and to have a conversation. >> reporter: initial reviews from democrats they are not crazy about this negotiating team idea. they're trying to say, reopen the government, raise the debt ceiling, and then maybe we'll talk. jon? jon: so the top democrat in the senate, harry reid, i know he has been speaking this morning. what does he have to say? >> reporter: that's right, jon. he is trying to keep pressure on house speaker john boehner. he is saying, let's reopen the government immediately. let's raise the debt ceiling for a year, without negotiation. and then he says, he will sit down and chat with speaker boehner about anything he wishes

to discuss. reid says, that, speaker boehner has not been able to deliver. >> we did that. based on the assurance of the speaker of the house of representatives that we would get this out of the way to fund the government, for a year. he didn't live up to what he committed to doing. and our business, mr. president, that is not good. >> reporter: this is the day on capitol hill when republican senators have lunch with their leadership. democratic senators have lunch with their leadership. we'll be listening for any sign of a change in tone after lunch or whether they are further emboldened. jon? jon: if that logjam breaks, mike, you get back to us, okay? >> reporter: absolutely. i will keep you posted. >> when you see everyone digging in it is not only because they want to win at this point but because they have a lot of skin in the game and a lot to lose as well. gerry seib writes in "the wall street journal", there could be

way out of this muck through a modest beneficial budget deal. both parties need to say they achieved somebody important. republican cost get out of a political jam and democrats could pave pave the way for a more productive obama second term agenda. gerry seib, executive editor of "the wall street journal" joins us now. jerry i like to live in this happy space so something comes out of this. that is what you wrote this weekend, there is a way for something good to come out of this mess. how? >> look, i think the reality is both sides have to figure out what they want to win here. to some extent the democrats say they have already won. they have proven republicans don't have the votes in congress to make an all-ought assault on obamacare. that's a victory for them. i think republicans need to get back to an area where they have success and can have more success which is holding down government spending. i think to some extent house speaker boehner and his colleagues in the leadership of the republican party and congress got distracted from

that about the fight over health care. what they want to do and get back to taking some steps that will reduce government spending and claim some success there which they have, already achieved to some extent. discretionary domestic spending will be lower for two straight years. that is the first time since the korean war since that happened. they can continue on that path if they get focus back on spending. jenna what about entitlements though? that has gone up still? >> that a good point. that is where a deal to be made. in the short run, the sequester levels of spending get tougher. both parties have problems with that. democrats think domestic spending is too loy. republicans are worried defense take as giant hit when new sequester levels take effect. in between those two things there is probably a deal to be done where both sides give a little bit on that. one of the things the republicans can ask for in return for higher domestic spending is to put back on the table entitlement reforms and president obama put in the budget earlier this year that have gone nowhere.

maybe both sides can he address the problem with sequester spending both on defense and spending side and in return there is conversation about entitlements that gets rolling in a way it hasn't all year long. jenna that is an interesting scenario if it comes out that way. seems based on your description there might be sunlight for it to work that way. the question of the new health care law keeps popping up. >> yeah. jenna it is noticeable you don't have that in the scenario. is that something you feel republicans have to push that to aside? >> they have to decide they will fight that in a different venue or reduce demands down to something like, for example, the question whether this tax on medical devices ought to be part of the conversation. i think democrats are prepared to entertain that conversation. the idea you can use this budget negotiation i'm talking about as a way to fundamentally change obamacare i think the political reality is and republicans will admit this in private that the votes just aren't there to do that. so move to something you have success and maybe you can start the conversation on some modifications to obamacare along

the way but i think the goals would need to be realistic. jenna the good that could come out of the mess that you're describing, is that also good for the taxpayer? we tend to have these conversations about democrats and republicans but what about us, jerry? is the scenario good for us too? >> look, i think the scenario is one which fiscal discipline continues to be asserted a little more than it was several years ago and i think that is probably a good thing all around. one of the things that might have to happen for this to come to pass, there might need to be space created for negotiations on government spending the way to do that is might to reopen the government briefly. extend the debt limit for a while. create some space for the negotiations that house speaker boehner was saying that they want. even the white house is willing to say, i can't we'll participate in as long as it is not with a gun to our head. one of the things politicians have to do right now if this scenario is realistic, to create space and time for this to happen. a lot has happened now that pushed everything to the last minute. that is the cycle democrats want

to break. i think in return for real results republicans might go along with that. jenna till will be interesting to see. again we get back and forth about a few hundred lawmakers. that is important. there are 300 million plus americans i don't want to forget as well. >> that's for sure. jenna jerry, always nice to see you. thank you so much. >> thanks. happy to be with you. jon: this "fox business alert," the trouble in washington having effect on wall street. now you're looking at the big board which is down 60 points. lauren simonetti from the fox business network live at the new york stock exchange. lauren? >> reporter: hi, jon. we have markets selling off like you noted the dow is down about 59 points. the nasdaq is the big loser today, down a solid percent. the s&p 500, those are stocks most people own in their portfolios and 401(k)s. that measure is down by half of 1% as well. something to point out is volume. seems like many traders are on furlough right now. people are not showing up. volume is light. that means volatility is heavy and we are seeing that today with that vix index up right

near 19.7. so we do have a fearful market right now. i want to show you what your portfolio did right when the shutdown started back on october 1st. as you can see the dow is down more than 1% in the past eight days. the other indices are down as well. people are losing money and it is probably going to get even worse since today we're nine-days away from having to raise your debt ceiling, raise the debt limit or else, face default, something that has never ever happened to the u.s. before the obama administration already warned, if that happens it would be quote, catastrophic and send shockwaves across the global economy. if you circle back to the last time we came close to facing default, that was august of 2011. i pulled the numbers. the day that standard & poor's downgraded the u.s.'s perfect credit rating for the first time in history, was on a friday. on a monday, we closed the session 5.5% lower in one trading day. so this stuff has huge effects on people's pocketbooks and

people's investments. jon, jenna back to you. jon: let's hope cooler heads can prevail and we don't see that happen this time around. lauren simonetti on the floor of the stock exchange. >> good to see you. jenna the driver of a monster truck that killed eight people in mexico when it plowed into a crowd of spectators is now under arrest. we'll tell you what he could be charged with next. this high-value terrorist in american custody is being interrogated by u.s. agents. what could he tell us about al qaeda that would bring more terrorists to justice? that's ahead.

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jon: right now new info and some stories we're watching from around the world. gunfire and grenades continue to go off in brazil as clashes continue between teachers and police there. more than 20,000 people gathering for the demonstration. the teachers are on strike after passing on a pay increase they

thought was too low. in china soldiers and emergency crews were deployed to the east coast to rescue people trapped by the high floodwaters after a typhoon crashed against the coast. prosecutors in mexico say they will charge the driver of this monster truck with negligent homicide after he plowed into a crowd of spectators following a jump. eight people were killed. jenna one of the world's most wanted terrorists now being interrogated at sea. abu anas al-liby, captured in libya is being questioned on a u.s. navy ship in the mediterranean. he is suspected of masterminding the 1998 u.s. embassy bombings in east africa. his value is long tied to relationship with high-ranking al qaeda members. catherine herridge is live in washington. what is al-libi's connection, let's say to al qaeda's main leadership in pakistan? >> reporter: thank you, jenna. according to u.s. officials in an unclassified intelligence report by the library of

congress al-libi is the operative behind the al qaeda expanding network in libya and directly tied to al qaeda senior leadership. this is more recent picture of al-libi which is involved in strategic planning which included forming training camps in libya which al qaeda saw a growing opportunity to build the network after the fall of the libyan dictator qadaffi. he was the main liaison between the network's leader, al-zawahiri and jihadists in libya with u.s. officials and analysts insisting his intelligence value is high because he began serving al qaeda in the 1990s. >> the al qaeda core is not just holed up pakistan waiting to be droned to death. they dispersed their agents around the globe and pushing al qaeda's agenda very aggressively. >> reporter: in the last hour fox news was told the time to move al-libi to a federal court in new york city may be a shifting. a move back, we don't know whether he is cooperating or resisting those questions, jenna. jenna interesting. he is on the ship right now. that was the raid that happened

in libya. you have the other raid that happened in somalia. you have information about that? >> reporter: sources tell fox news the raid is part of a long-term strategy in the region and it was in the planning stages prior to the westgate mall at cac in kenya. after the terrorist attack which killed 67 last month, the time was moved up based on new intelligence gathered by investigators after the assault. it was believed some foreign fighters at the somali compound where last weekend's raid took place were preparing to leave the country. intelligence documents indicate the target of that raid was behind a bombing plot in kenya that was sanctioned by the al qaeda leadership in pakistan. fox news asked the administration how al qaeda's core could be in decline when its long-time followers, like al-libi and others are so involved in current operations? >> i think you're grossly overgeneralizing and misrepresenting the administration's view on al qaeda. what we said repeatedly al qaeda core in afghanistan and pakistan

has been severely weakened because of our counterterrorism efforts. >> reporter: when you look what happened over the last week, you see that the raids have taken place or the pickups in countries libya, a new terrorist designation, also in libya, egypt, somalia and even if you look at further east to syria, what you see is at that the people who are leading these operations either have long-standing ties to the al qaeda leadership or surged with the leadership in afghanistan or the sudan in the 1990s. jenna. jenna good question for us today. we'll talk about that a little later this hour. catherine, thank you. you're welcome. jon: new trouble for a government whistle-blower. we told you about him yesterday the agent who brought the "fast & furious" gun-running scandal to light, he wants to share details of it in a new book but the agency behind the operation wants to stop his book before it goes to print. now both sides are gearing up for a fight. we'll toss it to the judge for that. a security guard face as life-or-death situation at home.

new details on the split-second decision he was forced to make when he found an intruder in his house. >> phoenix, 911. what is your emergency? >> i got home from work. there is burglar inside. send an ambulance. i shot him. i'm overhe hill. my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so. great grains protein blend.

protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend. hey,n the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. you shoulda taken it to midas. they tell you what stuff needs fixing, and what stuff can wait. high-five! arg! brakes, tires, oil, everything. (whistling)

jenna welcome back, everyone. right now a phoenix homeowner is recovering from a terrifying situation. the security guard was arriving home from work when he saw lights on in his home. he thought it was strange, so he grabbed his gun from his truck and went to check it out. inside he found an intruder and was forced to act. then running to his neighbor's house to call 911. >> there was a side door opened. the man said he was on drugs. he was walking at me.

i need paramedics. i need the police department. i got my handgun out of my truck and, i shot, i'm sorry, i shot him. i don't know where he is now. it is possible he ran out the back door. >> so you think he could have left? >> he could have left because i'm at my neighbor's house. i'm watching my front door. i need somebody right now. >> they're driving there as fast as they can. >> get somebody here right away. jenna certainly some rattled nerves there. the intruder did not escape. 22-year-old aaron fisher was found dead inside. he had been arrested for burglary and stolen goods. as for the homeowner it looks like he was defending himself. we'll keep you posted. jon: a government whistle-blower is fighting for his first amendment rights raising questions about first amendment speech and government censorship. he outed the his employer about the "fast & furious" gun-running scandal. he wants to write a book how he

said the agency sold guns to mexican gun cart tales, with the guns found at crime scenes including one where an atf -- a border patrol agent was found murdered. they want to stop the book because it would have negative i am peak on morale. joining us judge andrew napolitano, fox news senior judicial analyst. a negative impact on morale, judge is that significant ground to prevent him from putting out this book? >> no, it is not sufficient grounds at all, jon. this atf agent is a genuine real-life american hero who told all of us about this disasterous and deadly "fast & furious" gun-running which the federal government, which is supposed to keep guns out of the hands of mexican gangs intentionally let guns get into the hands of them. how did this happen? when he started his work with the atf he sign ad contract. the contract said he wouldn't reveal any secrets that would impair the government's work. and if he was going to publish a book, he would let the government look at it.

so he gave the book to the government. guess what, they banned the entire book. not just some secrets that are in there, not just some information about their techniques, not just information about this gun-running but the entire book. they didn't ban it for reasons that you suggested. they banned it because it will affect morale. that is not in his contract and that is not a basis for banning it. jon: yeah, here is specifically what the agency said in suggesting that they're not going to let this book go forward. they said, this would have a negative impact on morale in the phoenix field division and would have a detrimental effect, misspelled, on our relationship with dea and fbi. clearly they need an editor in their press release division at the atf. maybe if you want to avoid embarassment in front of the dea and the fbi maybe you don't run a program like this? >> they not only need an editor but need to reread the first

amendment. the presumption is he can say what he wants and write what he wants. his agreement says he won't speak about and won't write about genuine government secrets which if revealed to the people the government prosecutes, would hurt government prosecution. and that is not the basis the government is using here. the government, jon, is horrendously embarrassed by this it is hard to imagine a way this "fast & furious" could have gone worse for the government and worse for the american people. the last thing they want is for the true, real story to get out there but guess what? we have a right to hear it and he has a right to say it and i expect when this is litigated before a federal judge, the federal judge will agree with this agent and will release this book, which has already been published and printed and is sitting in boxes in aware house. jon: but he is still an federal employee and there are restrictions on, you know, outside earnings for federal employees. >> yes, yes.

he's far more interested, again, because of his heroic your remarks he is far more interested in getting the truth out there than he is about earning a buck on this i don't know if he is willing to do this for free but money is not the issue. freedom of speech and the truth is the issue here. and i expect that is the side that a federal judge will come down on. jon: it is interesting that the american civil liberties union is on his side, saying let the man publish his book. >> yes, yes. there will be a mini-trial and a judge will rule. i think we'll probably have an answer on this before christmas. jon: judge andrew, napolitano. thank you. >> pleasure, jon. jenna is that a hint for a christmas gift? if we get the answer we'll be able to buy it? we'll check back with the judge and get back to you. speaking of the court civil, the supreme court is weighing back into deepwaters this term weighing new challenges to campaign contributions. this time it is very personal. we're live at the supreme court with more on that. plus expert analysis on the bigger picture behind the recent

raids in africa. our next guest says our strategy against terrorism is simply not working. al qaeda is still as strong today as 12 years ago when we invaded afghanistan. an explanation next. heart healthy, huh?! ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup.

jon: a fox news alert and here is the good news. two sides are talking.

we're told that president obama called the speaker of the house, john boehner, this morning. the bad news according to the speak are's spokesman, the president told the speaker that he will not negotiate on linking the shutdown, the government shutdown so the debt ceiling so they apparently are not making any progress but there was at least a phone call. if there is progress to report, we'll certainly bring it to you here first on hoi happening now. jenna: that will be a headline when it happens. a look at other stories later this hour. the white house is now doing an about face saying all the problems with the obamacare website are even worse than they thought. we'll tell you about that. also long distant swimmer setting her sights on a new goal, this time for charity. what she's doing now, is it even possible for her? probably yes. we'll ask what it means for the normal person out there. plus somebody who thought it was a good idea to bring a knife to a gun fight. a very big knife.

actually a machete. how this whole thing ends later this hour. jon: this just in. the supreme court hearing a challenge to limits on campaign contributions from individual donors to candidates and political parties. shannon is live outside of the court for us now. a lot of court watchers are calling this round two in a very heated debate. even the president weighed in on round one. explain what is at stake here, shannon. >> you're right. let's take our viewers back to the state of the union address the president gave in 2011. he made reference to the case a supreme court decided called citizens united and it allowed political campaign krks from corporations seeing it that the corporation would actually have first amendment speech and rights. you may also remember justice elito sitting there shaking his head saying that's not true. this is sort of a sequel to that case. what was argued today deals with individual contributions to political parties and candidates. it comes from a plaintiff in

alabama who, when he was writing out checks to various candidates across country, found he ran up against the aggregate unit and you could contribute to nine candidates but not 10 or more and he said why should my speech be limited? today we're talking about those individual limits and how they add up and there's an aggregate limit and today the justices had heated talking about how the limits are used and whether it's time to lift them. jon: so the supporters of limits, how are they pushing back here? >> well, the solicitor general made a magsate argument saying that basically the folks who passed the laws over the years and have amended them over the years without limits want to make sure there's no pro quo or something for something. he said it would unleash corruption at every lef if there weren't limits so they say it could be bad news for politics

in the u.s. if the limits are lifted. it would require probably really overturning a major supreme court precedent so we need to wait if the justices are ready to do that, at least five of them. jon: it's a fascinating decision when it comes down. shannon, supreme court, thank you. jenna: you got it. new concerns about the state of al qaeda following the raids targeting leaders in somalia and libya. our if he cans guest says the u.s. strategy against al qaeda and the off shoot organizations is simply not working. katherine zimmerman is a senior analyst for the american enterprise institute, critical threats project. her specialty, specializing in al qaeda in africa. nice to see you z. >> great to be here today. jenna: why isn't our strategy work? >> al qaeda is defined to be the problem from 2001 and it's targeting the leadership that was active on 9/11 but the organization today is different. and we need a strategy that starts to counter that.

otherwise, as we have seen, al qaeda will continue to be a threat to the united states. jenna: what we saw over the weekend was the intent as we understand it to capture some high value individuals and to gather intelligence from them but you say if we kill our capture all of the top guys in al qaeda, al qaeda will still be stronger than it was 12 years ago. why? why is that the way it is in your opinion? >> getting the top leadership is, of course, important but what we've seen is that it's not a long term effect on the organization. it's been able to regroup in areas that it has control and so we need to start developing a strategy that goes after the mid to lower level operate ivoperat. it's expanded today across africa and the middle east. jenna: what would that look like? >> the strategy is going to be something that has actually been

more global than we've seen today where it comprehensively applies pressure from pakistan to, say, morocco where al qaeda is active. but it's tailored down to the local level and it's working with partners on the ground. and of course, there are concerns that the united states needs to be looking to defeat the al qaeda network on the whole rather than piece meal. jenna: there was a report a few moments ago saying, listen, al qaeda, the core al qaeda in pakistan has been affected. that has been a victory for us but in your research, what is the connection between all of the al qaeda groups, whether it's al-shabaab in somalia, groups operating in libya and their connection back to pakistan or vice versa? >> the importance of pakistan is still there. the group there is important but what we need to remember is that al qaeda has changed. today the groups are inter woven and connected in ways they were not connected in 2001. and it's those relationships,

the relationships the group in yemen and somalia, syria and iraq that makes al qaeda so strong and actually really challenging for us to defeat. jenna: is that social media that's connecting them? is it fundraising and financing that's connecting them or are they sharing strategy snz what's the connection between the why did they want to link up? >> some of the connections include leaders who were in afghanistan together against the soviets in the 1980's, and also today against fighting the united states in afghanistan. and then they went home to their home countries but kept those personal relationships so there is a human network bridging the gap but there is also, of course, the shared ideology that's driving the groups toward a glebal jihad site against the united states. jenna: i would like to know how we're perceived by the enemy. that matters as we were watching the video of the neighborhood where the target was captured in libya. it looks like a nice

neighborhood. his address was actually listed on a website. it was all out in public. what does it say about how we're being perceived by people that are on our most wanted list and how they fear or do not fear retribution from the united states? >> the united states is certainly very focused on certain individuals and it's no surprise that al qaeda has taken advantage of the breakdown in libya following the fall of the muammar qaddafi regime despite its influence. the concern here is that al qaeda will play up some of these events. the failure of the u.s. navy seals to capture the intended target in somalia, for example, to its advantage and talk about u.s. military capability as being weaker than they were. jenna: you wonder if that story would get out the same way as we've all been reporting it because it's been big news here and the details are out there. thank you. great to see you. thank you very much. >> thank you. jon: apparently the seals only

walked away because there were women and children in the way that they didn't want to hurt. the white house is finally admitting now that, well, they might have been a little mistaken when they said all those obamacare glitches were good news. what they are trying to do now to solve the problem, they say. and a robbery in progress but this masked man is about to regret shooting at the store clerk after he pulls something from behind the counter. we will show you the dramatic video next. [ male announcer ] campbell's angus beef & dumplings. hearty cheeseburger. creamy thai style chicken with rice. mexican-style chicken tortilla. if you think campbell's 26 new soups sound good, imagine how they taste. m'm! m'm! good!

ienjoy plum amazins, dicedprune, you haven't tprunes.nsweet, the amazing prune. i'd put these on a salad. these would be perfect for cookies. delicious and nutritious sunsweet, the amazing prune. jon: next hour from the robbing peter to pay paul department, obamacare could be helping states boost their bottom lines. how they could get a financial wind fall by using the federal program to pay for health care for prisoners. and the new arrest in the brutal motorcycle beatdown that stunned the nation. how police tracked down this

latest suspect. and a salmonella outbreak in 18 states. new concerns whether the government shutdown will hurt efforts to control it. jenna: a store clerk brings a pretty big knife to an unexpected gun fight. a deli worker held up by this masked man who demands he puts money in the bag. when he won't hand over the cash, the guy tries to shoot him. the deli man pulls out a machete, chases the guy from the store. the clerk says he thinks the gunman was a regular customer and may have even come back since. either way, i mean, i guess it's good to have a machete by you? what's the take-away there? jon: the cops are saying don't do that. just give him the money. jenna: thank goodness he didn't have a good shot. good video, though. glad he's okay. jon: obama administration admits health care website glitches may

not be so good after all. now the white house says it is looking into changes in website design as well as more server space to improve efficiency on the federally run exchange that serves 36 states. steven moore is a senior economics writer for the "wall street journal" and a fox news contributor. how long have they had to get ready for this? >> well, months and months, if not years. we passed this law four months ago and to say it's minor glitches is more like calling the hindenberg minor. people tried to use the exchange to find out what insurance costs they are looking at. either they can't use it or they're getting the wrong information or just basically being put on hold and so this has caused mass frustration and it's like your first experience with anything. if your first experience is poor, you may never go back.

jon: i think back to the 2008 campaign. i mean, barack obama campaigned as the guy who was going to bring hip and cool and technology to the government. he's the first president to use a blackberry encrypted, of course. and to think that the program that he so championed is bee -- beset by all the computer problems that couldn't be thought of in advance, that's disturbing where we should go from here. >> maybe they should have contracted with gooigle to make this work. this is what happens when you get, you know, command and control central planning which is really what the obamacare plan is. it's basically washington is going to control this thing and provide health care for, you know, hundreds of millions of americans. the government just isn't very good at that kind of thing and we're finding out now. by the way, this is the first rollout of obamacare. this is just a website. if they can't roll this thing

out successfully, imagine what this might do to the quality of our care when we go to the hospital and see our doctor. jon: and wait until the i.r.s. gets involved in monitoring our incomes versus whether or not we're eligible for obamacare. this could be a nightmare. >> you just put your finger on one of the biggest problems of all. when with talk about the republicans want to delay for one year or what's called the individual mandate, the penalty if you don't sign up for this program and yet we now know that the i.r.s. is even admitting they don't have a lot of income data they need to find out who is eligible for subsidies, who is not, how much subsidies should they get so this thing is not ready for prime time t. does make the case, in my opinion, for at least delaying it for a year, at least some components of it until the system is up and ready to go. jon: in the meantime, one of the web companies that came in and took a look at the software design, they said they found mountains of stray software code

that seemed to serve no purpose at all. >> like i said, they should have contracted out with google. we live in the internet age. this is complicated stuff but something the government should have been ready for. this is president obama's signature achievement, right? this thing should have been -- you shouldn't have had the thing break down as it did in so many states and i really worry about what this prestages us for for the effectiveness of obamacare in total. we have the i.r.s. not ready, we have a system that's not working, we have insurance companies that are dropping out. we have small businesses that have no idea how this is going to work. it's a big risk to the economy. jon: and you have a health and human services secretary who goes on the daily show with john stewart. she couldn't answer how many people are on. you need to interview her and

ask the questions. they're not being very forthcoming about what went wrong. jenna: i'll bet she'll talk to the "wall street journal," too. jenna: san jose, california, just south of san francisco, you can see there's a big fire happening there. we hear there's a lot of heavy fog in the area but you can see it's quite clear and you can see the fire trucks in the presence there. apparently, a lumberyard on monterey road is on fire and spreading to multiple buildings. so a lot of concern about this fire in san jose. jon: looks like they have good wind, too, looking at the smoke. that's going to be a problem. jenna: that's an excellent point. we'll keep you posted as we hear more about the fire but the lumberyard burning, other buildings potentially threatened as well. in the meantime, back over here in new york city, right now 64-year-old diana nyad is

swimming for super storm sandy relief. not like she's swimming in the ocean. she's swimming for 48 hours street in a swimming pool for a good cause. we're going to talk about just how does the human body do that? that's the big question for dr. segal next. ♪ 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

jon: a fox news alert in the battling over the battling of the partial shutdown and the raising of the debt ceiling, it's long been said the president has the biggest megaphone and he's going to grab it today. the president will make a statement and take questions in the brady press briefing room a little over two hours from now. 2:00 p.m. eastern time. the one guy who is happy about that is jay carney, the president spokesman who has been getting maehammered lately.

he gets the day off. jenna: we'll see what the president has to say at 2:00 p.m. eastern time. the doctor is in on this story. right now long distance swimmer diana nyad is back in the water. last month the 64-year-old completed a historic swim from cuba to florida without a shark cage and now she's planning to swim for 48 hours straight in a new york city pool. that's happening right at this moment. she just hit -- she's almost at hour four. almost there, raising money for victims at super storm sandy is her goal but this swim raises questions about how the human body even does this. dr. mark segal is a member of our team and joins us now. it's hard enough to imagine being awake for 48 hours. i'm sure you've done it as a doc but how does the human body function? >> i have to tell you this is one of my favorite stories that we've done here on tv and i'll tell you why. it's mind over matter. i wrote a book about this called

"the inner pulse." this is about your hormones kicking in, anyone that is this driven and she's already proven this, having gone 55 hours to swim between cuba and florida without a shark cage with all kinds of currents, this is a walk in a park by comparison. this is a walk in the park. she's going to do this with her eyes closed and the human body can do this. jenna: hold on one second. i said nearly four hours. she's at three hours. either way, that's still a long time and she gets to do a few things differently. you can actually watch her live on the internet. she's allowed to take fluids, she can eat, she can give -- different people are going to swim with her throughout this and she can give them a hug. there's no strict, strict rules but she'll continually swim so something physiologically has to be happening as the hours tick by. >> yes. you're getting dehydrated. you have to be careful to drink.

you have to be careful to replace your electrolytes. you're getting a surge of a drenal hormones. what about what happened a month ago? i'm hoping that doctors after the last swim with the jellyfish stings and probably dehydration, that they made very carefully her electrolytes were normalize. you don't want to get a surprise here with a low potassium. i'm certain that was those are things i would be concerned about, though. lack of sleep she can overcome with the drive and she's already raised $36,000 for americare which has raised $6.15 million for the people in the area. 60% of the health care providers in the sandy storm area are no longer there. this is an enormous medical problem and she's a hero. jenna: i'm watching her. she's going strong.

it's a mind over matter. she's swimming for 48 hours. >> my mountain biking, your husband, a navy seal, i don't know. jenna: swimming for 48 hours is pretty good. thank you. we'll check back in with diana throughout the next couple of days and we'll be right back.

jenna: breaks ing news. jon: what house speaker john boehner just said and how the white house is reacting. obamacare for prisoners? why it could save states millions of dollars. we're live with that story. and a new arrest in the new york city biker road rage case. plus word that a police officer even witnessed the assault firsthand but didn't come forward for days. our legal panel weighs in on it all. it is day eight, if you're counting, in the government shutdown as the president calls the speaker of the house and

senate democrats set up a new showdown on the debt limit. jenna: lucky number eight. right? jon: how long will it go? that's the question. jenna: great to see you on a day like today, a big news day. congress back in session and democrats are now pushing a stand alone measure to boost the nation's borrowing cap. but the g.o.p. wants the bill to make a dent in the deficit and there are fears they could filibuster. others say that's the way to go. all this as the nation's debt skyrockets amid warnings the u.s. is just days away from the threat of default. there may be progress on the budget battle with john boehner saying he's willing to negotiate. >> all we're asking for is to sit down and have this conversation. there's no reason to make it more difficult to bring people to the table. so there's no -- there's no boundaries here. jenna: some are pointing fingers at boehner saying he's part of the problem. republicans want to change obamacare in exchange for

reopening the government. the president has made his position on this very clear. >> i'll tell you something. i have said from the start of the year that i'm happy to talk to republicans about anything related to the budget. there's not a subject that i'm not willing to engage in, work on, negotiate and come up with common sense compromises on. what i've said is that i cannot do that under the threat that if republicans don't get 100% of their way, they're either going to shut down the government or they are going to default on america's debt so that america, for the first time in history, does not pay its bills. that is not something i will do. jenna: now we have word the president will make a statement at the white house today, take some questions, maybe ed henry will have in a question today. i expect that to happen, by the way. so what's happening down there at the white house? >> well, that's going to happen at 2:00 p.m. eastern time here

in the white house briefing room. we were supposed to have a daily briefing from jay carney but they just updated the schedule and the president himself will come out, make a statement, ask some questions. we expect to hear a similar line as we heard from him yesterday. he had a phone call with john boehner and we're told by both sides that the president reiterated in the phone call that he said he's not going to negotiate over that. he's not going to negotiate over a government shutdown for all the reasons he just laid out in the last sound byte but where there is maybe a glimmer of hope is that late yesterday, jay carney and other white house officials suggested that perhaps the president would accept a short-term extension of the debt limit, two weeks, three weeks or so so they could have a negotiation of -- if you remove the possibility of default, the

negotiation on a broader budget deal. here is jay carney. >> there's a shorter term debt ceiling lift. will the president sign it? >> we think that congress used to raise the debt ceiling without drama or delay. >> that leaves the door wide open and then they could finally sit down, the talks that everybody on both sides have been saying, why haven't they happened yet but the governor of louisiana, he's the head of the republican governor association, he said, look. state governments have to balance their budgets every year. they have to get on top of these things and he said it's time for the president to show some leadership and step up and really grab the bull by the horns here. take a listen. >> this president is not leading. it's his way or the highway. he simply tells the congress, i'm not going to negotiate. i'm not going to change anything. that's not leadership. >> what they're looking at in the white house is the latest poll. when you talk to officials here, they point to the fact that poll suggests that seven in 10

americans disapprove of the way republicans have handled this shutdown, showdown, if you will. not great news for the president, though. 51% disapproving how he's handling is. 61% disapproving of how congressional democrats have handled it. there's blame to go around but the white house is looking at the fact that 70% is disapproving of the way the republicans have handled it and that's why we're seeing this hard line from the president saying he's not going to negotiate over the possibility of default. jenna: you said it so nicely for the nice segment. thank you very much. jon: we also have some brand new polls on the shutdown standoff showing that both democrats and republicans are digging in their heels. we're talking about voters now. the survey by a pugh research finds even when asked if the only way to end the shutdown was for their side to give ground on the obamacare issue, 58% of democrats say that's unacceptable. roughly the same share of republicans also refuse to budge.

still, that same survey finds that republicans are taking more of the blame for the shutdown but only by a relatively slim margin. 38-30%. senator cruz who launched into the speech against obamacare some two weeks ago talked about it on the kelly file last night. >> what do you consider a victory? >> i think a victory is if we prevent some of the enormous harms obamacare is inflicting on millions of americans. i think what we need to do this week is fund government's vital priorities. if we take care of vital government priorities this week and then going forward we negotiate a compromise that mitigates, that prevents the harms obamacare is cause to go millions of americans, that will be a real victory for the american people. jon: meantime, a new fox poll on the debt limit battle finds a majority of folks surveyed, a whopping 62%, say the debt limit should only be raised after major cuts compared with 27% who say it is wreckless not to raise

the debt limit. joining us is mike lee. are you afraid, sir, all this battling is somehow hurting the republican brand? >> no. i think the american people deserve to have us protect them from the harmful effects of obamacare. what the american people have been seeing the last week is really the best argument that anyone could come up with against obamacare. we've seen the president of the united states use his immense power, the power of the federal government, against the american people to make things as uncomfortable as the administration can make them in order to allow him to get what he wants out of congress. this is horrible. and the american people understand that the worst thing to do, when governments behave that way, is to give that same government more power. whether a future president is a republican or democrat, the people don't want more power in the hands of the government that can be used against them in future political battles.

jon: you're saying the president is trying to make it tough on folks at home. give us some examples. as polling shows, 48% of americans think republicans are to blame here. >> look at the fact in nevada there was a couple who was evicted from their home because that home happened to be on federal land. look at the fact that national park service officials tried to shut down mount vernon even though it's owned by a private foundation and has been for 150 years. citing the fact that the parking lot adjacent to mount vernon is jointly owned by the national park service. look what they've done on the mall here in washington. they couldn't close the world war ii monument so they built gates around it to keep people out. this costs money. the serves the interests of no one except the president that's trying to make the shutdown as painful as he possibly can so he

can get what he wants out of congress. that's wrong. that's why the american people intuitively understand we shouldn't be making the federal government nor powerful, especially in an area as personal as health care. jon: the u.s. senate weighed in on this. i want to play for you a bit of what harry reid had to say. >> we agreed. we'll talk to you about anything you want to talk about. you want to talk about discretionary spending, you want to talk about farm bill, you want to talk about postal reform, you want to talk about health care, we'll talk. but stop threatening a catastrophic default on the nation's bills. jon: he said let's open the government first and then we'll negotiate. what do you think? >> that's exactly what we've tried to do as republicans. and look. the republican controlled house under the extraordinary leadership. speaker boehner and majority leader cantor have led the way

on this and opened different aspects of the government where there's broad based consensus and nothing that relates in any way to obama karen, passing things to benefit things like veterans benefits, to keep cancer research moving forward and harry reid refuses even to allow those to be brought up for a vote, much less to support them. so i wish he was sincere in those words but his actions tend to hear otherwise. jon: mike lee, republican senator from utah, thank you. jenna: turning to one of the other big stories overseas now to libya where militants are calling for a violent backlack. one militant group even taking to facebook calling for revenge attacks in libya and american citizens to be used as bargaining chips to free him.

he's being interrogated on a u.s. navy ship. he's wanted for a deadly bombing on u.s. embassies in africa in 1998 that led to the death of many americans. meantime, we're learning new details about another counter terror raid, this one in somalia. that raid focuses on capturing a top al-shabaab commander. navy seals spotted children in the area. al-shabaab is based in somalia and they've claimed the attacks, especially the one in the mall that drew a lot of attention. >> we also have some updated information on libya. we understand from u.s. military officials that about 200 marines from a rapid response team based in spain are in route to a navy base in italy in case they're needed in the event that there is any sort of attack against any u.s. embassy or any u.s.

interest in the wake of the capture of the man you mentioned is on a u.s. ship being interrogated right now. those marines are being prepositioned out of an abundance of caution. today this were threats from radical groups in labia to kidnap americans. the lead suspect in the attack said he was not hiding. quote, god willing, i will want face the same fate as al libby. american ak sglcquisitions are . elsewhere in somalia, we're learning nmore details on the navy seals raid that failed to capture an al-shabaab leader. those seals may have killed one suspected fighter. the seals team came ashore in boats, we're told. they did not swim. they then moved on foot several blocks through the town that's a

haven for al-shabaab training. they encountered a minor al-shabaab trainer along the way and that may have tipped the fighters at the villa where the high target was supposed to be. they lost the element of surprise. the seal teams were not surprised to find children at the villa but they realized there was no way to capture their target alive without killing children. that's when they decided to pull back. the operation was planned before the kenya mall attack but the kenya mall attack played in the decision for the president. jenna: thank you. jon: the financial markets are reacting to the partial government shutdown. take a live look at the dow, down about 87 points right now. how worried should we be? how is your 401k? how worried should the whole world be? we'll go in-depth on that. a salmonella outbreak and why

the f.d.a. may have narrowed down the source. the government shutdown could actually hinder the investigation. we're live with that coming up. [ female announcer ] made just a little sweeter...

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jon: live pictures now in this fox news alert of a water spout over biscayn ebay. that's not what it looked like a few minutes ago. this is videotape from a few minutes ago. you can see that thing, basic ly a tornado over the water. they don't really do anything but boy, that's a fairly rare sight over miami. i lived there 15 years. you didn't see these things too often. stay away from them in the boats but they're awesome to watch. jenna: is that a metaphor on the next segment on the economy?

china, our biggest foreign creditor, now talking about this, calling on congress to resolve the budget crisis quickly, warning it's not only vital for the u.s. and china but for the entire global economy. joining us now is the author of "the coming collapse of china" and is here to talk about this. what do you make of china's comments on this? >> i think that china is actually quite scared. most of the time, even in the best of times, you know, they trying to out of their way to give us a hard time and now they're having a field day but i also think that china is very concerned because they know that global markets could really be hit by a default and they're worried that their economy could tank because it's been really fragile. although china's comments have been belligerent, they might moderate when we get closer to october 17. jenna: moderate because they want to stay out of it and hopefully get a deal done? >> i think they do not want to

pour any gas line on this fire. they know we're in worse position than we are. the chinese have a worse debt problem. their political system is sort of meant to cover up the problems. democracies always expose them. chinese know how fragile they are. i think they're actually going to be a lot better as we get closer and closer to the real date of the crisis. jenna: it will be interesting to see how the tone changes. you've been taking a look at the conversation that's happening in asia about the united states and i saw two things i would like to ask you about. you say that the conversation in asia is now that america is in unstoppable decline but you say that many chinese, when they look at the showdown in washington, they look at it as strength rather than weakness. how do the two things come together? >> chinese medicines have been looking at all of this very carefully and they realize that the u.s. government works very different. you know, beijing has been saying there's no unity in washington and chinese leaders

think that actually is a weakness. but chinese people, though, see an open disagreement, people are able to actually have a debate and conversation and even argue and they actually like that because their government doesn't operate that way. and that's why there's been a lot of comments on china's internet ta the u.s. system is much superior to their own. but throughout the rest of asia, when you look at asian leaders, they're very concerned about president obama missing the two big regional meetings, the apec meeting in indonesia and they're looking for leadership against a china which seems to be threatening most of those countries from india in the south to south korea in the north and we've just gone missing. jenna: it's interesting. japan came out today as well, japan's finance minister followed china and said wanting to get a deal. your own perspective in all of this, as you're watching a lot of different governments at work, you say you don't see disfunction in this debate. share your perspective with your

viewers. >> beijing says our system is disfunctional. but you've got to remember that the american electorate is sharply divided. almost evenly divided so therefore, of course you have the showdown in washington because the political system is reflecting the divisions in american society. that's the way the political system is supposed to operate. and this discord is not going to end until one side convinces the other that it's right. that's the way a political system should work. china's system is not working that way. although you see harm on ji at the top, there's so many problems in the chinese society not being reflected in beijing. jenna: the price we pay for an open and free debate about all of this may make the perception seem a little more disfunctional but perhaps there's some positive to it as well. thank you so much. >> thank you. jon: so as the budget battle rages between the white house and congress, one key person is conspicuously absent. we're talking about the vice president. why some say it's part of an

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jon: new details on the white house strategy in the spending and debt limit fight. according to politico, harry reid had one stipulation when the obama plan was laid out this summer. no joe biden. we reached to the vice president office for a comment. so far no response. a senior editor at national review joins us now. any answers? why no joe biden? >> well, if you'll remember, the fiscal cliff deal from the beginning of the year which ended in taxes rising, turns out

a lot of liberals in the democratic party were upset because they wanted more taxes, they wanted tax increases, lower down the income levels and they blame joe biden for not driving a hard enough bargain. that's why they've iced him out of this one. jon: but he's supposed to be the negotiator. i mean, he's like the priceline negotiator of this white house, isn't he? >> he is the only major democrat who has managed to cut a deal with republicans during the obama administration. and by cutting him out, the democrats are saying they are not all that interested in reaching a deal. jon: but, you know, some suggest that they might have a point. maybe they don't need to. maybe the president can continue to refuse to negotiate and play tough and just figure that the republicans are going to blink. >> everything the democrats have done so far has been designed to maximize the painfulness of the shutdown for the public in the hope that the public will then

create political pain for the republicans. that's the strategy. it's not a strategy that involves dealing or negotiating. jon: but the polling so far, i mean, republicans are taking more of the hits than the democrats but it's not exactly imbalance. democrats are taking heat here as well. >> that's right. i don't think this is yet working the way the democrats want it to and i think one of the reasons is they've been so ham handed about it. these unnecessary memorial closures where they're clearly putting more effort into shutting things down than it would take just to let things go on. jon: when the president says i'm not going to negotiate, i mean, you can't be any more clear than that and don't most people understand that, you know, politics is a game of give and take? >> i don't think that the no negotiation posture of the administration is playing well. i think that is undermining them. if you go back to the last shutdown, the clinton administration versus newt

gingrich, that played very badly for republicans. but one reason it played badly is the clinton administration allowed these small spending bills to reopen parts of the government. they did everything they could to show they were being reasonable. this administration just isn't doing that. jon: it's going to be fascinating and again, we'll hear from the president about an hour and a half from now and get his thoughts on all of this. thank you. >> you're welcome. jenna: he's a sign of a boston red sox legend. he's the son of jerry remme. he's being arraigned today. first degree murder charges for the murder of his long time girlfriend and mother of his child. the details of the case and why law enforcement is coming under fire for how they handle it. also new developments in the biker road rage case. nypd confirming a new arrest. more on the man they now have in custody just ahead.

♪ ♪ jon: it all went down not far from our studios in new york city, a father and husband chased for miles and eventually dragged out of his suv and brutally beaten by a group of bikers. now the nypd has made another arrest. david lee miller isg

this story for us. >> reporter: jon, the fourth biker to be charged is 29-year-old craig wright of brooklyn facing charges of gang assault and unlawful imprisonment for allegedly throwing punches through the shattered windows of that suv. wright was reportedly riding a bike borrowed from his uncle and was tracked down by cops thanks to a license plate seen on video. he was in court just a short time ago. according to the prosecutor, wright identified himself in that video and was an active participant in the assault. and, jon, in a related development, a published report says an undercover cop who took part in the motorcycle ride is seen on camera hitting that suv with his fists. that officer has denied taking part in the assault. he is now on modified duty, and he has had to turn in his badge and gun. keep in mind that while video of this incident has gone viral on the internet, authorities have

other material that has not yet been made public. jon? jon: and, david, we understand one of the bikers from that day is speaking out now. what does he have to saysome. >> that's right, jon. that biker who rides with a motorcycle club says that the entire road rage incident would likely have been prevented if only one thing had happened: if the driver of that suv had apologized. according to louis cataldo, before things got out of control and not seen on the video, the suv recklessly endangered some of the bikers. >> he was running people over, that's the bottom line. whether he was intending to or wanted to, i can't say he's that vicious. but he did. and those are the facts, you know? that's the bottom line, that he actually did run people over, and he almost killed somebody. >> reporter: he claims if the suv driver had pulled over at that point and simply said he was sorry, the entire situation might have been diffused. the driver of the suv has not

been charged with any wrongdoing, and his wife in a statement released earlier said her husband took the action he did because they were in a life threatening situation. jon: yeah. they were surrounded by a pack of bikers. i mean, i ride a motorcycle, but i have some problems with what those guys are doing. anyway, david lee miller, i suspect my co-anchor will have some more to say. [laughter] jenna: i do. hopefully, our guest will have a lot more to say. lis wiehl is joining us and doug burns, a criminal defense attorney. a lot will from the reporting, guys, but let's talk about the undercover cop. and there seems to be some question about whether or not the cops were participating or also undercover at the same time. here's one report. one off-duty police detective was among the motorcyclists. he says he couldn't really see what was happening and drove away from the situation when he saw that there was some sort of assault because he didn't want to blow his coffer as a cop. but according to david lee's reporting and others, the video

that police have actually contradicts this and shows that he may have been the one to smash one of the windows of the suv. so, lis, i mean, what do you think about that? criminal charges against an off-duty police officer that could have been undercover? i mean, how do you sort through that? >> okay. let's go through a couple of things. off duty versus undercover. an off-duty cop has an absolute duty, if you will, to report, to get involved, to try to stop the crime even if they're off duty can. so if that was the cop that was actually smashing in or beating up the back of the suv, that's really, really problematic for not only the cop, but the nypd. all right, that's off duty. hen there's undercover and deep undercover. that gets more, you know, gray because if you're really deep undercover, you don't want to blow your, you know, your status as an undercover cop. but you still have a duty to report to your superiors. if that didn't happen for four or five be days until after the incident, again, trouble for the nypd. jenna: doug, what do you think about that?

he's been stripped of his gun and badge right now. >> as lis said, i mean, people have to understand, you have to break down who's undercover, who's not undercover? if you're off duty than, obviously, you've got to do everything you possibly can. if you're undercover or deep undercover, the point lis didn't fill out is deep undercover people have to actually do things wrong, okay? that's part of the drill. and so it's a complicated mess, and we have to sort -- >> regardless of that, doesn't this show -- there's a lot of conflicting reporting about who was undercover, who was off duty, who was participating. >> right. jenna: that said, obviously, the nypd knew about this group. >> exactly. jenna: so where was the nypd --? >> nowhere to be seen. jenna: sewer senting any of this from happening. >> exactly. i always knew what they were doing, and doug's right? did they do bad things? yes, they did, but i knew what they were doing, my team was

tracking them, and the nypd should have been tracking them as well. jenna: doug, i'm going to give you the first chance to reply to this next story. >> sure, thank you. jenna: it's a legal case in the northeast, but this is the son of a beloved former second baseman and red sox broadcaster jerry remy. he's being arraigned today, he just was, he's accused of stabbing his girlfriend to death. he pleaded not guilty, but he was covered in jennifer's blood -- his girlfriend -- the night he was arrested at home with their 4-year-old daughter. this is what we want to talk about today. just two days before this murder -- >> right. jenna: -- this young man was arrested for domestic violence. and he was released the same day without bail. prosecutors had him come back the next day to court. she did not show up, doug. >> yep. jenna: and so then they said, well, he doesn't have a restraining order. 24 hours later, she's dead. so does the state have responsibility for this? >> it's a mixed argument.

i cannot possibly sympathize more with those who would say, look, if you had kept him and held him without bail, this victim would be alive. i totally understand that sentiment. but by the same token, on a case such as what it was, many people are released on bail, so it's hard to retroactively monday morning quarterbacking -- jenna: he had a domestic violence background. >> in 2005 he beat up a former girlfriend. he'd been fired for -- from a job for steroids. this guy had a violent history and prosecutors didn't catch that? jenna: doug, the families are now involved. >> right. jenna: and the mother of the girl who was killed said her daughter did not press on the restraining order because the remy family asked her not to. >> right. jenna: and that they begged her not to file any sort of complaint because it would ruin the family's life or ruin the young man's life as well, and they said we will protect you.

>> yeah. jenna: is the family involved? can they be implicated? >> in matrimonial situations like this, you see that all the time. somebody famous loses their temper, etc., etc., then all of a sudden behind the scenes they're like, please, drop this. don't go forward, etc. but let me turn to the case itself real quick, the actual murder case, jenna. you have an eyewitness to the crime who -- and he allegedly tried to attack her. and it's the forensic evidence if it backs up the eyewitness account, this is going to be an overwhelming case. jenna: we actually have sound from the neighbor who claims that he witnessed this, so let's go ahead and play that sound. >> a good girl is dead, and a lot of good people tried to do something about that. >> it's not an easy thing to watch. and it's not an easy thing to try to stop and not be able to. she was a great girl. she was a great mom. really loved her daughter. happy, full life.

just shouldn't have happened. i don't think anybody's brave, i don't think anybody's a hero. i think people stepped in to try to save a girl's life, and we couldn't, we couldn't stop it. jenna: he said he couldn't do it because jared turned around and tried to attack him. >> started to attack him with the same knife. he's covered in blood, i think this is a very good case, but it should never have gotten there, that's my point. yes, maybe the family gets involved, yes, victims of domestic violence are scared, but prosecutors see this kind of history, they can see this kind of history of beating up girlfriend after girlfriend, then do something about it, prosecutor, don't just let him walk. jenna: doug, quick final thought from you? >> no, i think you have to look at empirical statistics as to who is released on bail, and i would submit he actually would, as tragic as it is. jenna: we'll continue to watch this, this case just beginning. thank you. >> of course. jon: well, there have been all kinds of arguments about

obamacare, but some states are seeing a silver lining. why prisoners could hold the key to their financial fortunes. we have live with that story. plus, is the government shutdown affecting your health? the impact it's having on a salmonella outbreak that's already sickened hundreds of people. details coming up. pepepepepepeos pepepepepepeos store and essentially they

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>> the president called speaker boehner. >> how'd that go? >> not well. >> also elizabeth smart has a new book out today. we'll be talking to dr. keith ablow about the hellish ordeal that she went through. >> what a story that is. >> hey, is this yours? i found this. >> saving that for later. >> okay. wear that. >> see you at 1:00. >> all right. see you at the top of the hour. >> bye. ♪ ♪ jon: when obamacare goes into effect in january, prisoners may help states get something of a financial windfall.

william la jeunesse live in los angeles with that story. william? >> reporter: well, jon, you know, because of their drug and alcohol problems and mental health issues, this is a very expensive population to treat. now, in the past states and counties paid the majority of medical bills for inmates, parolees and ex-cons. now, however, they're busy making sure every inmate entering and exiting prison are signed up for obamacare, allowing them to shift those medical expenses to the federal government. >> basically, it means higher costs for taxpayers and higher health care costs for taxpayers specifically for the inmate population. and it's particularly a windfall for those states that dramatically expanded their medicaid programs in the past. >> reporter: that's because in the past medicaid only applied to children, pregnant women and the disabled. obamacare expands it to single men which means most ex-cons

will qualify as well as any inmate who receives outside medical or hospital care. >> if an individual is released to a hospital for acute care for, say, 24 hours or longer, medicaid would pick that state up, and that's a substantial savings for the county and local system. >> reporter: yeah, it's a lot of money. the other major change, and this will affect millions of county inmates, under obamacare counties can charge the insurance companies through the state exchange for medical care for any inmate who's awaiting trial. in the past they had to pay that money. so bottom line, jon, advocates say this is a good thing. if cons get good care, they're less likely to offend and go back to jail. others may object to struggling to pay for the same quality of care those who committed crimes are getting for free. i know in california they're going to get instead of 30 million, they'll get 70 million because of this change. back to you.

jon: william la jeunesse in los angeles for us, thank you. jenna: a major health alert as we're learning hundreds of people across 18 states were sickened by a salmonella outbreak. our senior national correspondent john roberts is live in atlanta with more. >> reporter: good afternoon to you. this is a fairly large outbreak, so far 278 people sickened in those 18 states, most of them clustered in california, oregon and washington state where raw chicken from foster farms was sold at retail outlets. local and state officials have traced the salmonella to three processing plants in central california. those packages of chicken may have some numbers on them that you can look for. they would be the suspect packages. the numbers are p of 137, p6137a or p7632. the centers for disease control, by and way -- and this shows you the national effect of the shutdown -- typically coordinates the response, but its hands are tied because of

the government shutdown. their foodborne surveillance division is typically staffed with eight people, there's only one person there today and one laboratory that analyzes bacterial samples, it normally has a staff of 80, that's down to two. and when you look at the cdc's web site, there's nothing on this current outbreak on there. there is a message that says this web site may not be updated. the centers for disease control does have some latitude in responding to a food-borne illness to try to stop the outbreak, it's allowed to bring people back in, so it's currently in the process of bringing back in a lot of those furloughed workers because there does seem to be a lot of urgency with it. in the meantime, what can people do? again, if you've got chicken from foster farms, look for those numbers, p6137, p6137a or p7632. if you've got raw chicken, make sure you handle it correctly. make sure you cook it so that

the interior temperature is at least 165 degrees. you've got to use a thermometer to do that. and anytime that you're handling chicken, make sure you thoroughly wash the surfaces, the utensils that you propose the chicken with so that -- prep the chicken with so that the salmonella doesn't linger and get onto other food. this is the second time foster farms has had an outbreak this year. earlier this spring 134 people in 13 states were sickened by it, but the centers for disease control signed off on that back in july saying that outbreak was over. clearly, jenna, more problems today with foster farms. jenna: a story we'll continue to watch, john. thank you. >> reporter: thanks. jon: an ohio school district in a big fight to try to keep its picture of jesus on public display. there's an end to this legal battle now. we'll tell you about that. plus, should the washington redskins change their name? the controversy's been around for years, but now some major players are weighing in. muck. ♪ ♪

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jon: big news today in professional football, some dramatic video of a nightclub attack, a heated controversy over a team's name and vegas los my broncos -- loves my broncos. julie banderas. >> reporter: they sure do, jon. this wasn't just a cheap shot, it was cowardly and pathetic. watch this video, it shows the confrontation over the weekend between ex-nfl star braylon edwards and another man who turned out to be a photographer outside a detroit nightclub. the photog shot footage of the wide receiver inside the club and look what happens after. he got an earful as he starts to

walk away. braylon ripped his ankles out from underhim, sending the photog flying face first. the photog eventually went to a police station and filed battery report after suffering minor injuries, he tells tmz he plans to pursue his case. braylon took to twitter to tweet his incidence saying the reports are blasphemy, i was joking with friends, and a guy was filming us. he wasn't harmed at all. up next in sports, a native american tribe who objects to the washington redskins' team name is getting the president's backing. listen. >> i think all these mascots and team names related to native americans, that native americanl pretty strongly about it. and i don't know whether our attachment to a particular name should override, you know, the real, he psychiatry mate

concerns that people -- legitimate concerns that people have about these things. >> to nay da indian nation has asked the nfl to stop using the racial slur. the change the mascot campaign launched last month. the nfl said yesterday it will immediate with leaders. and speaking of the nfl, the broncos fans, the numbers are 5ding up just right. the blonde coes are the 28-point favorite going into their game with jacksonville. we know what jon will be doing. jon: that's right. go broncos. julie, thank you. >> reporter: sure. jenna: breaking news out of los angeles, a big fire there, and details about a firefighter trapped, next. clay.

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press. emergency crews rescued the fire fight between the second and third floor. we are trying to figure out what cause the the fire and what happened with the firefighter. at least that firefighter was rescued and we'll keep you posted. thanks for joining us. ally and bill up now. >> it is shut down. and president obama will talk later this hour and take questions. how are you doing? ! great to see you. i am allyson camerota. we are learning a plan to work on all of this. mike emmanuel is on capitol hill. hi, mike. >> hi, alley, the house is set to negotiate and vote to have