cloning. so, it's not a blank check. thought we would ask. please join us tonight for "special report" online. that's it for this "special report," fair, balanced and unafraid. >> are you outraged? you know what? i am. you ought to be. i don't blame you if you are. what in the world was our government thinking that it didn't pay the death benefits for the 26 soldiers who gave up their lives since october 1st? what they paid later, they didn't matter? they think it didn't matter to the rest of us in america? are they out of their minds? why are they so indecent? these people who gave up their lives, we owe them so much to just disthem and not pay them the death penalties and not pay for their families to go to dover to receive their remains. what in the world was our government thinking? the commander is the

commander and chief and chief executive. was he nothing that he could do to make sure that these families are taken care of? >> he is doing it today, john. it was not addressed by congress in our pay our military act. >> it's not congress' obligation to pay our. >> john, the republicans shut the government down. >> the democrats have uniformly rejected every appeal to open government. allowing funerals, for goodness sakes, for our military heros who have died in action. >> do you think senator reid doesn't like our veterans or the v.a. in particular? >> i would like to give give the gentleman 30 seconds to apologize that's beneath. >> victimized by the department of defense. >> take a vow they may not be decent on their own but you made them be. >> so today we will come together as republicans and democrats. >> the president expects this to be fixed today. >> and today the remains of four u.s. soldiers killed in afghanistan arriving at dover air force base.

and one of the most disgraceful things our government has ever done. it did not pay for the soldiers' families to travel to dover to receive those remains. kerry injury regard and tim cook are friends of one of the fallen soldiers, they join us. good evening to both of you. >> hi. >> hi. >> greta: tara, first to you. i know both of you are friends of the family. tell me, what was sergeant peters like? >> honestly, i don't personally know joe. we went to high school together but i am mainly friends with his wife we have become really close over the last year. we reconnected on facebook through the cloth diaper community and all i have ever heard from her was nothing but, you know, great things about him and how he took care of his family and he sounded great from all his wife said.

tim, your thoughts tonight? >> we are trying to help the family out all that we can. >> greta: what do you think because of the government shutdown the government did not pay for the families to travel to dover, private organization did and has not yet paid the $100,000 death gratuity it's called. what do you think, kara? >> you know, i have my only personal thoughts about it the family did ask that i try stay clear of this focus and try to fundraiser honoring their family member. >> greta: let me go to the question about the fundraiser. he leaves behind a 20 month old son? >> yeah. >> yes. and a wife. are they having financial problems or issues or do you have any other form of

income? >> honestly, i don't know. and that's not really for me to say. this all started just to let my friend know that we are all here for her and that she has so many people that care about her. whether she financially needed it or not i'm sure any family that loses a loved one, i'm sure that it hits them hard, you know, financially and emotionally. >> greta: kara and tim, thank you for joining us, as you might imagine we are all deeply distressed about the 26 lives lost this month not to mention all the others. thank you for joining us. >> thank you. >> thank you. >> greta: now to senator tim scott. he joins us. nice to he see you, senator. >> good to be with you, thank you. >> greta: senator, your thought that the fact that the military. >> this is disgraceful. i have two brothers still active duty military today one is in the air force and one command sergeant in the army. i have got to tell you these guys put their lives on the line. for this government, our government to say to them

that we don't have the resources, remarkable. our president's response to be so flippant in the interview today, listen to jay carney talk about our soldiers, our folks putting their lives on the line. it struck a cord with me personally. this morning in the officer of congressman jeff duncan we had the father of a private first class officer who on capitol hill today, his son 20 years old. married three months. died in afghanistan. about six months ago. he is sitting there with us and we are having this conversation and then to watch this drama play out today in front of those men and women who are putting their lives on the line it's just disgraceful. i don't understand it. >> greta: hardest thing for me when i learned about it th of october. i called ollie north. everyone is scrambling trying to come up with private funds. not like there was a lot of time. if the government had told all of us on october 1st there are so many americans that would have credibilitied. who wouldn't want a family

to be able to receive the remains at dover? >> absolutely accurate. we just recently did a fund raiser with with gary sinise and his band to raise funds for our wounded warriors in charleston. i will tell you that the outpouring of love and support for our soldiers is tremendous. they shouldn't have to be. >> greta: yes, it shouldn't have to be, but if they sit on the information, that makes it so the rest of us can't do it. if they won't do it get out of the way but don't sit on the information. >> totally agree. exsass per rates an already awful situation. looking into mr. austin's eyes today, i will tell you you feel deep in the soul the impact that this war has had on folks. for us to say to those guys and gals out there on the line we are going to delay or deny or have a conversation about what problems we promises we have already made. should never make anyone second guess the problems we made should be the promises we keep. end of story. >> you said obama care selectively enforced what do you mean by that.

>>? >> obama care is remarkable that when you watch the president on the employer's mandate. he has decided to delay it selectively picking what parts of laws he think should be enforced and what should not be. >> greta: does he have the authority to do that? >> absolutely not. we are looking for standing in this case. we believe there is a serious case when we look at the president of the united states saying here are some laws i like and here are some laws i don't like i'm going to put them aside. whether it's on immigration or marriage or yucca mountain or obama care, he keeps picking and choosing laws that he thinks are in his best interest or party's best interest. sir, nice to see you sir. >> thank you very much. >> greta: unthinkable. shutdown day october 1st. military death benefits delayed. war memorials closed and hundreds of thousands of government workers not getting paychecks. but you have to hear what one democratic lawmaker is complaining about. you're not going to believe this one. former new hampshire

governor john sununu is here to talk about that next. also, guess who is calling? each night this week to celebrate our kickoff at 7:00 p.m., the "on the record" staff surprises me with a call from a famous caller. i have absolutely no idea who is calling me. you find out exactly when i do. when the person is on the line. stay tuned for tonight's surprise phone call. we'll be right back. i am today by luck. i put in the hours and built a strong reputation in the industry. i set goals and worked hard to meet them. i've made my success happen. so when it comes to my vestments, i'm supposed to just hand it over to a broker a back away? that's not gonna happen. avo: when you work with a schwab financial consultant,

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>> greta: if you thought congress could not handle

the shutdown any worse, well, think again. last night we pointed out in my off the record commentary that the world war ii memorial is closed but the gym in the house of representatives is open. president obama has the authority to open the monument and speaker boehner has the authority to close the gym. whether either does exercise his authority to do the right thing now speaks very loudly, doesn't it? well, if you think that's bad, listen to this. >> they must not have been down to the gym lately there are hardly -- there is hardly anybody working down there. there is no towel service. >> no towels? >> no. so we are doing our own laundry down there. and we pay a fee to belong to the house gym. >> greta: anyone in washington using any common sense? former new hampshire governor john sununu thanks for expwroing -- joining us. good evening, governor, how are you? >> how are you, greta? >> greta: i'm doing well. that is brice bailey a democrat from iowa. they do pay some fee to the gym, members of the house but they don't fully support it it's not, you

know, complete pay. your thought about this? >> look, let me touch on the outrage that you touched on with senator scott, it is unbelievable that this administration let that happen and it is not an accident. the administration gave the signal under sequester to make things as difficult as possible for the public. the message went clearly out to the park service to make it as painful as possible. and so some consummate bureaucrat in the dod sees that he can misinterpret a law that was to make sure that what happened did not happen. and it all comes from messages, signals and body language from the president. and the president is responsible. now, to the towel incident,. >> greta: let me talk to you. >> democratic congressman. >> greta: let me talk to you for a second about that. >> go ahead. >> greta: you say misinterpret the law. on october 1st, if that's when they spotted the law, that's when they should have gone to the president.

that's when the president should have done something. and what they have done now is the house passed a bill. the senate doesn't want to do piecemeal. the president is trying to bail him out by going to a private organization to do a being extra. it is now october 9th. the american people learned about it yesterday on october 8. they started putting the heat oning and getting this change. nobody on d. on october 1, 2, 3, 4, 5, 6, 7, 8. there is a lot of reason to be outraged. your term? >> this is an administration that wants to inflict pain on the public. and shame on them for picking on people like the families of our soldiers that have passed away. look, this president knows nothing about leadership. if you want bipartisanship in washington, the leadership has to come from the white house. clinton did it on welfare reform, reagan did it on social security. i worked for a president that knew he was going to pay tremendously politically when he led on getting a multiyear budget.

i had to go down and do the details for him. but the president insisted that that budget be completed. and that is leadership. this president is petulant. is he great for something nonnegotiable or drawing red lines or i'm not going to sit down and talk to them. it's a disgrace. >> greta: i'm going to get to the towel remark that this congressman made. any thoughts about that that apparently there is a little bit of complaining about this gym situation on the hill. >> you know, the fee they pay is butt covering fee. they don't want to be accused by the taxpayer of getting a free gym so they pay about 10 or $20 a month so they can go down to the gym. and his whining about the towel in light of the hardships that folks around the country have been to live under is ridiculous. the president and congressman and democratic

friends in the house and their democrats friends in the senate have to understand that the system is built on checks and balances. and that means to solve problems, you have got to compromise. come to the table, mr. president. and solve the problem for america. speaker boehner governor, nice to see you. >> thank you. >> coming up, what do you think about this? the woman who led the irs tax exempt division behind the targeting scandal is now in charge of the irs obama care office. and today, she got a grilling from lawmakers and she also got one from us at "on the record." that confrontation you have to see. plus, congressman trayoes gowdy ahead. does it end after you've expanded your business? after your company's gone public? and the capital's been invested? or when your company's bought another?

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>> greta: now it's time to show what you we are watching. we put together the best videos out there tonight. take a look. first a bridge demolition caught on camera. dozens of people gathering to watch the implosion of the amelia earhardt bridge. demolition of the old bridge making way for a new one. watch out indiana jones, does this scene look familiar? improv group recreating the iconic indiana jones scene at new york central park. watch as the bold erroled after the fake indiana jones. spoiler alerted the bolder gets stuck and indiana jones is saved. finally tell me the dog loves his owner so much he has to hold hands or paws when he he goes for a ride. no chance i could get my dogs to do that that's what we are watching tonight. hotel mogul may have found a remedy for businesses trying to get around obama care. his strategy is next. ry, who a? jc: i'm your coworker! c'mon guys. i'm driving. hey, you guys comfortable? it's best-in-class rear legroom. and with a turbo engine that gets 35 highway m-p-g.

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>> greta: successful florida businessman says he has a remedy for the nation's healthcare crisis. harris rosen tells us he has found a way to provide healthcare for his employers avoiding obama care. griff jenkins hits the ground here in orlando. >> visitors can't help but notice the sprawling hotels and resorts found by harris rosen like this one behind me shingle creek. he not only created a hotel empire he also launched a self-funded insurance program for his more than 4,000 employees that he says has saved the company more than $200 million since the early 1990s. under rosen care. the average monthly premium for employees is $60 with a maximum deductible of $1,000. the company pays the rest. by comparison, under obama care in florida, the lowest a person would pay for a premium is $96 with a deductible of 40% of your healthcare costs. >> we have had our own

medical center now for 25 years. and we have a multitude of programs that demonstrate unequivocally to our associates how much we care about them. we love them dearly. this is a family facility. we take care of our own family members. so if folks are are overweight, we take care of them. weight watchers is free. we have special programs. we have nutritionists. we do diet tri here. beautiful fitness facility here. anything to keep our associates healthy. and, you know, that's the primary purpose to keep everyone healthy. but, you know, when you do good things, god rewards you. and so and in the 25 years that we have been doing, this our healthcare costs have stayed at a relatively low level. whereas the natural average has gone up 5% or 10% a year. we have saved over the years about $220 million when you compare our costs with the cost of the healthcare costs national

averages. >> compare, if you will for me, rosen care to what is now known as obama care? >> well, it's so incredibly different. because they are part of the family here. they know the docs here. they know the practitioners here. they know everyone behind the desk. they feel comfortable coming here. and it's part of their family. obama care you never know how are going to get so. when they say you can keep your doctor, well, that's not true. if the employer has to pay the fine, where are you going? you don't know where you are going, who are you going to see? you don't know how are going to see. how far away is it going to be? you don't know. this is here permanently. and they can come any time they want. and when they come, they remain on the clock. if they don't have a car, we drive them. >> it's all on you? >> no. it's not costing me anything. because these are my family members. i love them dearly and i want them to be healthy. listen, i believe that healthcare is a right. i think that everyone in the united states of america who works should have healthcare.

they should. and i know some of my friends are saying oh god, rosen, you are going crazy. no but the government can encourage them to do it by offering certain tax advantages. if i provide healthcare and i'm a little business and i'm struggling to make a profit and the government says, mr. rosen, if you provide healthcare for your 10 or 15 or 20 employees, i will tell it you what we will do, we will give you a tax credit up to $3,500 for covered life. and now you have solved the problem. you don't need obama care. you don't need obama care. because you have got every person who works will be covered. and encouraged employer to provide coverage by giving them a little incentive. >> if you could offer advice to president obama for whom this is his signature legislation, what would you you say to the president? >> i would say, mr. in the, come and visit us. spend the day with us. and just take a look at what we have done and then you are going to say to yourself, gee whiz, we avoid all of this controversy, all of this political fuss, all of this

nonsense that's going on, because i will encourage every owner of every business, every employer to come down and take a look at what rosen is doing and replicate it. and the government will take a step backwards. we will do medicare, medicaid. although i believe the states can do a better job of that but, still, the government has a role, but let the employer, who whose responsibility it is to take care of his employees, let them be the sole provider of healthcare in the united states of america. i understand the philosophy behind affordable care, which is we don't want anyone uninsured. we don't want anyone who can't afford to go to the hospital go to see a doctor. with the rosen program, if you are working, that's going to be taken care of. because it will be mandated and it has to be mandated because everyone who works should have insurance. so, philosophically, i agree with the president, completely. healthcare needs to be changed. it's broken. but we can fix it in ways

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that's what ameriprise financial does. that's what they can do with you. ameriprise financial. more within reach. >> greta: controversies on capitol hill. the irs targeting scandal and the obama care implementation. and today the government official at the center of both getting a grilling by the house oversight committee. >> my name is sarah hall ingran and i'm the director of the affordable care act under the enforcement part of the irs. >> finally she is here. we have been trying for five months to get ms. ingram in front of this committee. >> americans concerned about the irs and how they will handle this personal and private information have every reason to be concerned. >> here is the lady, as the chairman said is at the center of this storm of two of the biggest issues this

country has dealt with in recent history. the targeting of conservative groups, and implementation of obama care. >> this is not about whether ms. hall ingram is a republican or democrat. >> this is the most messed up convoluted confusing law that i think has ever been passed. >> they tried again yesterday to not have her be here. so it raises just one simple question, why? what does she know that the irs doesn't want this committee, this congress and the american people to know? >> greta: griff jenkins trying to get more answers out of sarah hall ingram. >> what assurances can you can give the person who people that the irs is competent at this time to oversee obama care? can you give us any assurances of that? can you give the american people assurances that there won't be any targeting under the obama care enforcement? >> what role did you play in the targeting of conservatives in the tax

exempt organization that you oversaw? you are just not going to talk to me, are you? [no response] >> i don't think you can can get out this way. who ordered the targeting? who is responsible? if not you? i think you guys may be lost. why is it that you simply won't talk to us? why were you picked for the job in the first place? that's a question the people want to know because under your watch the tax exempt office the targeting began. now you are in charge of obama care. >> greta: committee remember congressman jay gowdy joins us. they got lost. >> i have been there before. i know what it is like to get lost in that building. >> greta: congressman jordan said it got five months to get her to testify. why did it take five months. >> congressman langford

great congressman wanted her several months and ago the irs said no you really want danny werfel they were too gentlemenly and allowed the irs to pick the witnesses instead of themselves. ultimately we knew we were going to get ms. ingram and we got her today. >> greta: you asked her whether there was legal authority by which the president himself can decide to enforce or not enforce certain provisions of the law. and i think if i am correct you are talking about obama care was passed by congress and then since then there have been waivers and exemptions which i assume is what you mean? >> yes, ma'am. >> why do you ask her that question? >> well, i'm asked that a lot. inmean, who says that the chief executive gets to pick 'and choose which laws? i mean, we are told all the time obama care is the law. get used to it. quit fighting it well, if it's that great, we are we turning off the employer mandate? why are we turning off certain waivers? why are there so many exemptions? why is the annual benefits provision being rewritten?

i'm a simple-minded lawyer as you know and i naively thought the executive had to enforce the law. i didn't think you got to pick and choose i'm going to enforce the cocaine laws but not the marijuana laws. i didn't think you got to do that. >> this is a little bit different. this is one law. and within the one law. not like in marijuana limited resources let's go after the serious drug. this is one law. i actually don't know the answer to what extent, you know, congress passes the law, the president signs it or enacts it into law. but then within it, does he get to sort of -- is that called amending it or discretion within his authority? >> i never could get an answer from her. i just said cite me a case. cite me some legal precedent for the notion that congress can pass a law that says you have to do this by this date. and then you can unilaterally or sui sponte decide you are not going to do that. >> greta: pick and choose. >> we have seen it with

immigration and mandatory minimums. it undercuts people's respect for the rule and adherence to the law and to the extent part of this cr fight and implementing obama care. i think it's important for people to know even he is not implements even obama care. >> okay. is the congress going to do anything about it? is congress going to say this is the law you signed and now you are picking and choosing so you are changing it? is congress just going to complain about it or is congress going to do something about it? the congress writes the law and the president signs it into law. >> honestly probably you just complain about it. we can't make people do their jobs. we can withhold funding, would very tried that with the irs. we tried it with the department of justice on fast and furious. the never go along with a lower spending level. so the reality is when you have one half of 1/3 of government you can shine light on it and hope that your viewers are outraged and think, hey, this is disingenious you shouldn't be doing that but the reality is that i can't

make and part of me doesn't want the affordable care act to go according to the time line set by congress. >> greta: congressman, always nice to see you. thank you, sir. >> you too. >> greta: the u.s. making a major announcement about egypt. former alaska governor sarah palin hitting the campaign trail and undercover cop landing on the wrong side of the law. get ready to speedway your way through the news. first the state department announcing the u.s. will withhold the delivery of military equipment and cash assistance to egypt's military backed government. the u.s. and future aid will depend on egypt's progress on democracy and human rights. now to west virginia. a man with an assault weapon opening fire at federal courthouse. security officers returning fire killing a suspect. is he reportedly a former police officer. no one else was seriously hurt. now to alaska. well, sort of. also to new jersey. former governor sarah palin planned to travel to new jersey this weekend. she will wane for steve lonegan. she will attend a tea party rally supporting him. road rage attack a short

time ago. a seventh suspect arrested and charged with gang assault. nypd detective arraigned on assault charges and another accused biker in court. clinton gang assault. seven bikers facing charges in connection with with the attack on the suv driver. coming up later in the show, you will hear what one accused biker is now saying in his own defense. not in minnesota. the physical therapy of the 9-year-old boy who he stowed away in a flight in las vegas speaking out but concealing his identity. the father saying his son has a troubled past and he needs help disciplining him. >> i have been asking for help. no one is helping me. i'm double jeopardy. if i whip my son i get locked up. if i let my son keep on doing what he is doing, i get in trouble. somebody please help had plea. please. >> the 9-year-old is in protective custody in las vegas. his parents expect him home on friday. if you ask me i think the tsa has a bigger problem. how did they let a kid

without a ticket slip through security? does that make you feel safe? tonight's speed read. senator mike she here next. also, guess who is calling? our special launch week segment where a very famous and very secret celebrity calls on the show. i have absolutely no idea. this is a surprise for our staff. you and i will find out together at the same time. don't forget to watch hannity tonight at 10:00 p.m. anthony weiner is his guest. you don't want to missil that. 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. from the classic lines to the elegant trim in each and every piece, kohler will make your reality a dream. for sein a whole new way.

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>> greta: a female intern tried bringing a sexual harassment against her work place, phoenix satellite television. she claimed her supervisor subjected her to unwanted touching and sexual comments. because judge ruling under the city's human rights law the intern is not eligible to sue the work place. that's because her lack of a paycheck means she is not legally an employee. you be the judge. are you team intern or is

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>> all right. let's go off the record for a minute. what's up with with defense secretary chuck hagel? where is he? he has a distinguished military record and well-respected where has he been over the last nine days of the shutdown as our government failed to show basic decency to the the soldiers who died knock the. isn't that part of the job of the secretary of defense to protect our soldiers including from our own government? has he looked the other way while our politicians ditioned our soldiers? if i were secretary of defense i would do everything i could do to protect the families of fallen soldiers and keep our word. i would have made the sure the shutdown never touched our families. even if i had to, i would have chained myself to the white house fence in protest. that's how mad i think he should be. that would have gotten president obama's attention and the attention of the house and the senate.

they would not dare let this thoop secretary hagel outed them to the american people. the secretary of defense should be a strong advocate to his troops when something so wrong like this is done. nine days into this and the secretary and politicians did nothing. it took the american people to get this fixed. it's disgraceful the government did not pay for the dead troops families that traveled to dover to receive the remains. private government step in failed them and failed us. our government has been treating military families and the fallen soldiers as insignificant pawn in this insignificant game. it's not insignificant to you or to me. soldiers doing their jobs for us. members of the u.s. military leave no man behind. that's what it feels like our government was doing for them for nine days. american heros and families deserve better and secretary hagel should try damnest to make sure they get it that's my off the record comment tonight. if you an important story or issue you think i should take off the record go to gretawire.com and tell us about it mike lee's take on the shutdown. he tweets the message by obama administration's

shutdown bullying is the same message sent by the irs abuses of political opponents. do what i say or else. senator lee joins us. so, it doesn't sound like there is much negotiating. >> no, there is not. really, what we see, when we look at the first week or week and a half of shutdown, we see the very best argument we could ever make against obama care. let me explain what i mean. so just the other day you had a national park service ranger tell "the washington times" we have been told to make things as difficult for people as we possibly can. they are using the shutdown as an excuse to make things painful. shutting down things like mt. vernon even though it's privately observed. shutting down like the clawed moore colonial farm privately owned. privately operated. they are shught it down. why? because they want to make things difficult it is leverage for them to get their way politically. what happens when we give more power to the government? what happens when we put the federal government in charge of really personal decisions involving our healthcare? that really should cause a lot of americans to be

concerned. >> greta: i would like to know who actually makes these decisions? it's sort of this vegas thing and some people assign it to president obama. i don't think president obama actually made the decision to shut down the world war ii memorial. however, i think he has the authority to open it up. he is on notice. likewise, i don't like the idea that the gym in the house is open. speaker boehner's office apparently kept it open. his office, didn't say speaker boehner but speaker boehner has the authority to shut it down. it's not a lot of money but it's the principle. i don't understand like who is making these decisions and let's start naming names and we probably won't have it happen as much. >> ultimately the buck does stop with him and you are exactly right. regardless of whether he himself closed the trigger on the world war ii memorial. it's his prerogative to open it up. they had had to work pretty hard, of course, to shut that thing down. they this to create doors in the first place so they could lock those doors and keep people out. >> greta: you know what's really disheartening though the house voted for the military benefits and rather than having that piece of legislation go over to the senate, the senate doesn't want to consider the stuff piecemeal is that now we have the president having

to cut a private deal with the private organization to do it because the senate doesn't want to fall in the sort of the politically unattractive position of deciding something piecemeal. so we see that we're all sort of pawns as everyone is playing and jokeying for position and it's unfair to the american people. >> it's unfair and shameful. look, not everyone in the senate that doesn't want that to move forward. we had a republican whip in the senate john cornyn brought it up for unanimous consent request. pass this unanimously like the provision providing for active duty military pay last week. but harry reid wouldn't allow it to happen. the in the democrats won't let us fund anything unless we are wilming to fund everything. meanwhile the president and his people are doing everything they can do make life difficult. as difficult as they can for americans. this is why we shouldn't give them control over our healthcare system. >> greta: congressman van hollen says the last six months they have been trying to get the house to send conferees over to discuss the budget and republicans have not permitted that. >> one reason and one reason only for that they

have wanted to skip several steps along the way. other ways we could have gotten to a conference committee. they wanted to do it by unanimous consent request rather than vowing the house passed budget in the senate and allowing that to be considered for amendments. in that unanimous consent amendments. we asked one simple request assure us you won't raise the debt limit in connection with the budget resolution. those are two separate things. we shouldn't be raising the debt limit in connection with with the budget. they refused to take that off the table. they wanted to make it easier to raise the debt limit and we said we don't want to be able to do that. >> greta: we are not any closer in other words. senator, nice to see you. >> thank you. >> greta: undercover police detective and bikers under arrest in family and suv. what is one biker saying in his own defense? that's next. tonight's secret launch we call it. even i don't know who it is. find out which celebrity is about to call us, that's in minutes. female announcer: save up to 35%

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>> greta: time to hash it out can can a cup of joe help lawmakers in washington get along. the nation's largest coffee chain thinks it might. starbucks will give you a free cup if you buy another customer a beverage. starbucks ceo howard schultz encouraging customers to pay it forward hoping to set a good example for aspiring lawmakers. caffeine fix what a novel idea? from capitol hill to the loop, st. louis rapper on the government shutdown. rapper nellie i shouldn't pay taxes during shutdown. here is nellie's reasoning. interesting theory. nellie just don't tell the irs if you decide to go through with it and move over hair of the dog, there is is a new hangover cure in town, huffington post tweeting sprite may be the best handover cure scientists say science researchers say a 7 different beverages trying to figure out which drink

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learmore at purinaone.com jcjc: i'm your coworker! c'monnt guys. i'm driving. hey, you guys comfortable? it's best-in-class rear legroom. and with a turbo engine that gets 35 highway m-p-g. you know j.d. power ranked passat the most appealing midsize car two years in a row? i bet, uh, dan here wishes somebody found him most appealing two years in a row. ron: it's ron jc: ron... exactly. vo: get 0 down, 0 due at signing, 0 deposit, and 0 first month's payment on passat or any new 2014 volkswagen. >> now to the latest in the motorcycle road rage attack seventh biker arrested in undercover nypd detective arraigned on gang assault charges. craig white is one of the bikers charged in the brutal assault. punched on the suv driver. write's lawyer mitchell joins us. nice to he see you. >> hi, greta, good evening.

how are you? >> very well. what's your client saying happened? what's the story? >> well, you know we can't say that yet, greta. >> the latest update that i can give you is i believe that the district attorney's office is going to convene a grand jury beginning tomorrow. >> why is that that they brought your client into it? do you concede that he was on the site ois there some question now whether he was even there. >> i'm not going to concede that he was at the site because nothing formally has been released by the nypd or the district attorney's office. >> greta: looking at the videotape, what do you think is the most compelling for not your client specifically but, you know, for everybody else? is there some sort of global defense to this? >> i think the problem really is where did it begin? how did this all start in the video itself commences on the west side highway but doesn't give an indication to where it started or when this all commenced. and, as you know, all these clients, my client as well as the other people that were charged are being charged with gang assault. and as you have already

heard, these are motorcycle clubs, gatherings, and get togethers for people to ride on a sunday afternoon. >> greta: i don't know about gang assault, i don't know the specific elements of that law in new york or that crime. but i do know assault, looking at that video, there is assault and i would suspect backing it up a bit you say you don't know where it began. even if it was a self-defense, five miles earlier, the pursuit and the chasing would defeat any sort of self-defense at that point. they just going to go beat the living daylights out of them. >> no, we're not saying that at all. gang assault is probably one of the worst terms, phrases in the penal law of new york state because a gang assault, all it means is that it is just two or more people that are being charged with the assault. so, the connotation that it's a gang assault and the fact that my client, mr. wright, is charged in a gang assault when he is 29 years old with no criminal record and there is undue medial scrutiny and pressure on the district attorney's office and the

nypd to make cases here leads one to question, especially given the fact that bail requests on this case were $150,000 full namely secured bond in new york state is tantamount to over $300,000. >> i got an email during the break from retired police officer who reminded me because one of the arrestees is under cover detective reminded me that the police officer could do a dumb thing. there are so many every day thousands and thousands of police officers do very who are rok and courageous things. i don't want to have that sort of eclipsed by this discussion all the great officers out there. mitch hill, thank you. we will be watching. >> thank you, greta. talk to you soon. thank you. >> greta: the phone is ripping. only the "on the record" producers know is ho son the other line. going to be just as surprised as you. take this call together. it's greta. who is on the line? >> hem low? >> hello, who is this? >> greta? >> yes. >> dick cheney. >> greta: dick?

mr. vice president. how nice to hear from you. >> well. i couldn't pass up the opportunity to call in and wish you well in your new time slot. >> greta: i'm absolutely flattered. are you watching every night at 7:00 p.m. eastern. >> i have the last couple of nights. i have been on the road a lot. i have been stable the last couple days and be back on the road tomorrow. >> greta: you have managed to convince mrs. cheney to watch. >> yeah, yeah. she was with me last night. we think you are off to a great start. >> greta: thank you very much. it's always so funny because mrs. cheney used to be a kellogg of mine back at cnn. i used to call her lin. i now call her mrs. cheney out of respect for the office. we have a very different relationship now. >> she doesn't mind being called lynn. >> greta: new news on the senate race out there. >> yeah. liz is doing very well. we will report other first quarter fundraising next week. she didn't have the full quarter after she announced. less than a full quarter.

but results have been very good. getting great support around the state and so we are off and running and i think going to win the race. >> greta: i understand you have a new book coming out? >> i do. on the 22nd i have a new book out called art. american cardiology. all the developments cardiology kept me alive that have been developed when i first started back in 1978. >> greta: are you going to hit the road? and can we expect to see you "on the record" to talk about new book? >> i will get there eventually. it will all be out say we will start the book tour here in about two weeks. and i will be happy at some point to come spend some time with you talking about it it's a great story. >> greta: thank you very much. mr. vice president for joining us. a big surprise. thank you very much, sir. >> greta: all right, greta. good luck. >> greta: and keep watching. now we are going to have another secret caller tomorrow night. make sure you join us tomorrow night right here at our new time 7:00 p.m.

eastern. up next, the o'reilly factor. good night from washington, d.c. and don't you just love this new 7:00 p.m. time? i love it. anthony weiner 10:00 p.m. don't miss that one. >> bill: the o'reilly factor is on. tonight. >> let's sit down so that these families will receive the benefits at least that would give them some comfort. >> bill: an absolute disgrace. the federal government stopping payments to families of military people killed in afghanistan. we have now reached the low point in american politics. colonels hunt and peters will weigh in. >> why should members of congress being under obama care and not the president? explain that one. isn't that fair? >> bill: liberal journalists are stunned by the intensity of the obama care debate. we will have the inside story from ed henry, carl cammeron and james rosen.