>> whatever happened to children in school being able to enjoy halloween and dressing up, having fun as kids. >> if schools aren't allowing christmas and easter, at least they are consistent with halloween. look out st. patrick's day. >> "fox & friends" is up next. bye. >>elisabeth: good morning. it is thursday, october 10. i'm elisabeth hasselbeck. playing politics with our military. the government freezing benefits for the families of the fallen. but was this a surprise at all? and when did the white house know? we report and you decide. >>steve: you might not like that. glitch after glitch, the obamacare website having trouble staying on track. >> what a train wreck. how can we tax people for not buying a product from a website that doesn't work? >>steve: he's got a really good point. wait until you hear how long these problems are

projected to last. >>brian: no balls at recess. no post-game handshakes after a good or bad game. now one town wants helmets on the soccer field for everybody. good idea? or gone too far? i don't have any brain damage. i never wore a helmet. >>steve: exhibit a, ladies and gentlemen. >>brian: you mean we're on? "fox & friends" starts now. ♪ ♪ >>steve: it's going to be a great topic. nobody knows more about helmets than the two people i'm sitting next to you. >>brian: right. i didn't wear one. >>elisabeth: i feel like i need one sitting next to you. >>brian: absolutely. >>steve: good to see you. >>brian: we found out something before the show starts on our breaking

story of the day. >>steve: what happened when we were all sleeping. the prime minister of libya is safe after he was kidnapped, taken at gunpoint from his hotel overnight. >>elisabeth: moments ago the prime minister reportedly freed from his captors. live in jerusalem with the latest details. >> good morning. this whole thing began and ended in a little bit more than six hours. the prime minister of libya early this morning militia members who sort of subcontracted his own government broke into his hotel and took him at gunpoint. was it a coup attempt, arrest, kidnapping? nobody knows but by afternoon here there is a report he has been freed. a news agency says libyan

forces may have intervened. the prime minister is now on his way to his office. obviously this underscores how weak the libyan central government there is inside tripoli, has very little control over the security situation. you're dealing with militias heavily armed back from the revolution and still have not been brought under control of the government itself. also remember this comes just a few days after an american delta force raid snatched an al qaeda operative off the streets of tripoli. whether that had anything to do with it, perhaps there was anger over that, possibly libyan cooperation over that raid. we still don't know. obviously the prime minister is going to be heading back to work probably not too happy this afternoon about how his morning went. >>steve: that's an understatement. thank you very much. he's been kidnapped and he's been released. >>brian: the problem is you have no standing army and it leaked out over the weekend that he gave the green light to allow our

guys to go in and get al libi and that immediately put him in jeopardy. >>steve: is there any connection to the delta force raid last week? >>brian: it leaked out he green lighted it and allowed us to do it. maybe that was a message tourop, elisabeth? >>elisabeth: playing politics with the families of fallen soldiers while the military is forced to become a charity case. how long did the white house know this was going to happen? yesterday we were talking about this, and then certainly there were a ton of exchanges going on. jay carney had some heated, heated pressing from ed henry yesterday. listen to this. >> he asked for the o.m.b. and his lawyers to take action. >> why didn't he have that action taken before today? >> you have to work out a process. unless you're willing to write the check, ed, it takes some time. it takes some time to -- and are you suggesting we don't? >> i'm saying there are

people who care about it who want to get it done quickly. the president says he's doing it today. why don't you tell us what date he learned? was it yesterday? the day before? >> when the president found out, he was disturbed and he asked his lawyers and the o.m.b. to get to work on a solution and we expect a solution today. this is not that complicated. i know you're trying to make a partisan issue out of it. >> nice try. you won't tell us a simple fact when the president learned. >> i'm saying when he learned about it, he asked for -- directed those who work for him to find a solution. and we expect a solution today. >>steve: what's puzzling about that is they say as soon as the white house found out, we worked on a solution. according to nbc, they had the story that apparently the department of defense, the department of justice and white house lawyers all sat in a room to try to figure out exactly what was covered by the law that the house passed and the president signed. keep in mind the republicans believed that

this would cover anybody killed in action. but apparently these lawyers got in this room and they said it did not allow them to pay anyone other than the service member. there are a number of republicans, including karl rove, who wonders whether or not the white house may have deliberately obstructed the payments. here's mr. rove. >> white house aides several days agnew about this. we don't want to know whether that's two days, three days, four days, five days. but we do know senior white house aides apparently knew about this. the west wing is a very small place. all of those people get together every morning at 7:30 for a senior staff meeting. the chief of staff, the deputy chief of staff, domestic advisor, national security advisor, they are in and out of the office every single day. why didn't one of them say, mr. president, this is a real problem. you need to know about it. the president was ill served by his people and

the country was ill served by his people. >>brian: it should have been a nonstarter. if the president found out about it, he should say stop it right here. we can't have a day where these soldiers, families, and the caskets, they need to be taken care of the minute they land at dover. you're not talking about a lot of money and thankfully you're not talking about a lot of guys. this isn't like the heyday of the iraq war and the afghanistan war. joe manchin showed leadership. he called ken fisher and said can you help out at fisher house to fill the gap. that is a guy whrofs a governor -- who was a governor, understands what it is like to deal with crisis. >>elisabeth: yesterday we heard from representative duncan hunter from california. he brought something to boil that everyone had on their mind. we're seeing the president in an administrative position here. in terms of him being the commander in chief, he had this to say. when the lawyers in the administration made the decision not to count the

death benefit they broke a sacred trust with our military men and women and those on the front line. i think the relationship between the commander in chief and the families of those that have fallen and all military is actually in a really vulnerable position right now. >>steve: absolutely. we've seen this administration where the president is able to do a lot of stuff by executive order. the instant he found out, why didn't he sit down and say this is an executive order. let's fix this. instead yesterday the house passed another bill to try to fix this, and it is sitting on harry reid's desk. nonetheless, extraordinarily, the pentagon, which gets $700 billion a year budget-wise, they are taking a handout right now from the fisher house. the fisher house is going to cover all of the costs of the death benefits and travel for families until the pentagon is able to officially cut a check. >>brian: this was supposed to be the number-one story if there wasn't a government shutdown and we weren't slamming into the debt

ceiling in seven days. you heard about the problems with obamacare if you try to log on? >>steve: problem? i thought it was going to go great. >>brian: we mentioned yesterday it is unbelievable how bad a launch this is we've been witnessing. we found out the president says it shows how popular it is and how much america needs it. we also found out that representative robert andrews, a democrat from new jersey who over the weekend, who over the summer i should say, said we've got problems. a health insurance guy contacted me saying these websites don't work. now we're having problems for the people who did get through, those who logged in with their password might have to go back and change their user names and change their passwords because of a technical error. this according to to a federal contracting group. they're scrambling to deploy more fixes to the

healthcare.org website. >>elisabeth: changes in password, deadlines coming up. you have to get on and sign up by february 15 so your information can get in by march 1 so you tkoeupbt miss the march -- so you don't miss the march 31 deadline so you don't get fined. >>brian: it could be affecting our returns next year. >>steve: it will be gummed up together. do we have the sound bite from john boehner yesterday. we played it a moment ago. if you missed it, he perfectly summarizes the pickle we're in right now all across the country because of this computer snafu. queue the speaker. >> what a train wreck. how can we tax people for not buying a product from a website that doesn't work? >>steve: so true. my wife actually out of curiosity went on the website yesterday. she couldn't get past page 1. i know you were on as well. same problem. >>elisabeth: try again later. okay. >>steve: the computer is down at the moment. how long is this moment?

>>brian: heather nauert has other news. >> good morning. just a few hours from now president obama will meet with at least 18 key republicans on day 10 of the senate shutdown. today there will be a closed door meeting and there is talks they may put a debt ceiling bill on the table, this in order to buy time before the government default on october 17. the father of n.s.a. leaker edward snowden shrapbgd in -- landing in moscow. he's not revealing where he's meeting his son or when exactly. his son faces espionage charges in the united states. a trip to the amusement park not so amusing for a dozen people. the hollywood rip ride roller coaster coming to a sudden stop last night. riders were stuck at a 90-degree angle more than

150 feet off the ground. imagine that. it turns out that a glitch caused the computers to go into safety mode and that stopped the ride literally in its tracks. fortunately no one was hurt. finally, a horrifying turn of events at a hot-air balloon festival in albuquerque, new mexico. one hit a power line and caught fire. this balloon about 40 feet in the air at the time came crashing to the ground with the pilot and crew chief inside. both men were burned and spent the night at the hospital. their injuries, though, could have been a whole lot worse. but listen to this. when residents saw this crash, they all rushed over and used water bottles in order to put out the flames. how about that? and those are your headlines at this hour. those hot air balloon festivals are so popular in that part of albuquerque. >>steve: stay away from the power lines. thank you very much, heather. >>elisabeth: coming up, a school district making kids wear hellments on -- helmets

on the soccer field. >>steve: thousands of truckers about to put the brakes on washington d.c. they're ticked at the president but is it the best way to get their message across? the guy behind the protest is going to roll on in as we roll in from new york city. ♪ ♪ good job! still running in the morning? yeah. getting your vegetables every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. ugh! actually progresso's soup

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>>brian: there's another shutdown looming in washington d.c. but this one has nothing to do with lawmakers. it has to do with thousands of truckers who say they are fed up with the government and they are planning to hold a peaceful protest in our nation's capital on friday. joining us is trucker earnest lee, one of the coordinators of this weekend's ride for the constitution. what is causing truckers across america to act?

>> what's causing truckers to act, brian, is the fact we are absolutely sick and tired of our oversized government. to stay in touch with everything that the truckers have going on, you can go to ridefortheconstitution.org. all weekend long we will have live feeds on this website straight from the protest itself. we are sick and tired of the government, the president, the entire federal government. yes, sir. >>brian: you're going to roll through the capital? are you stopping traffic? is the goal just to show your strength in numbers? roll through the capital? stay around awhile? what's the format? >> we are going to be in legal places, where the trucks are hraoefplt this is a peaceful -- where the trucks are legal. this is a peaceful demonstration. it's not just for d.c. we're looking to have an egyptian moment. we've got the possibility instead of putting 30 million or 35 million people being a part of the

protest, it's going to happen nationwide. we're looking for 100 million people to get out, get in the public in the world's largest traffic jam to send the message: we've had enough. >>brian: how has this administration affected the trucking industry and truckers like yourself? >> this administration, it seems like every administration that comes in wants to add new regulations, their own little twist through different things with truck driving. during this administration we've had the introduction of something called c.s.a.-2010, which is a series of regulations extremely long. it was like he wanted to -- president obama wanted to pick on us. and they could actually cost us our license for some very, very small violations. you know, sir, if we are involved in an accident and one that is not even our fault, it gets charged against us on our c.d.l.

we could even be sitting still. that's happened. and to me, that's totally ridiculous. we're getting tickets or losing our license just for being parked and someone running into us. >>brian: what about some of the resentment you might get from people who might agree with you on issues but just want to be able to get to work and move through the capital? maybe this isn't the best way to show your unhappiness. >> well, we picked a weekend to do this. you know what? i really hate that, and i really hate that people are just trying to get to work. well, leave early. there will be one lane open that we will leave, obviously, for traffic, emergency vehicles. we will be doing the speed limit. we will stay within the law. we will be being safe. there's just going to be a whole lot of us there because we are disgusted. we've had enough. and i think most of america has had enough.

>>brian: if a little kid looks at you and asks you to do the horn, will you do it? >> we've got a special thing going on at 10:04 every day twice a day. morning and evening every truck across the nation. 10-4 we're going to blow our horn. no matter how big or gnarly a truck driver is, a little kid asks you to blow your horn, you're going to do it. exactly. >>brian: and you're not big and gnarly. thank you so much. appreciate your patriotism. thanks for joining us this morning. straight ahead caught on camera, a train slams right into, appropriately, a truck. and the driver still inside. how the heck did he make it out alive? i'm glad he did. then a nonprofit setting up to fund military death benefits while the shutdown continues. isn't that the government's job? army captain veteran pete hegseth here to talk about solutions. and he's in the building.

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>>elisabeth: welcome back. time for quick headlines. prosecutors will ask a judge to sentence the former mayor of detroit, kilpatrick, to 28 years behind bars. he was convicted of corruption while he left the city headed towards bankruptcy. demolition crews bringing down the amelia earhart bridge that connected kansas and missouri for more than 70 years.

>>steve: i have been on that bridge. a private charity group called the fisher house foundation, they have vowed to fund the military during the government shutdown. pete hegseth says it is not a solution, though. >>brian: he says it is the government's responsibility and the department of defense should find the fund. pete, welcome back. the secretary of defense turned up at dover, talking to the families, being there when the caskets were brought home. do you buy that? >> the pentagon has known about this for a long time. >>brian: but they feel like they're helpless. >> this administration found loopholes time after time after time. also the defense department brought back 345 thousand furloughed workers.

they found dollars. how can we not find dollars for the families. >>steve: the republicans when they passed that bill before the actual shutdown, they thought anybody who was killed in action would be covered under this. then the white house lawyers, department of justice, department of defense lawyers, they got in a room. according to the papers, some republicans say the administration deliberately obstructed the payment. i mentioned karl rove. i was setting up his sound bite. i don't know if he tpaoefls that -- if he feels that way. >> veterans and military families have been the central part of this administration's washington monument strategy, whether it is the world war ii memorial, v.a. benefits. we're seeing some workers being furloughed but they are not missing benefits. for the veterans administration, they have been exposed.

then they want to point at republicans. >>elisabeth: why the delay? are you saying their intentions are bad or inadequate leadership? >> i'm saying they want veterans and families to feel the pain. >>steve: they? the white house? >> the white house. it turns the temperature up on the shutdown which i believe they think benefits them in the long term. they don't hate military families. but i think they know where to turn the screws. they know where to turn the temperature up. i think it will backfire on them. they want to turn it up so people go we can't have this government shut down anymore. we've got to find a solution. the white house is hoping it will be on their terms. >>brian: republicans are known to have the mostathy. that goes to the sequester. i know the republicans aren't going through with the sequester because it means massive cuts for the military and republicans love the military. but we've gone through. >> this is on top of what

the -- >>steve: over $1 trillion in cuts. >> this is a bad time made even worse by the dysfunction we're seeing. no one can figure it out. veterans are looking for leadership. if they want to show leadership on this issue, thank goodness we've got the fisher house. duncan hunter was right. why should a private organization step in and fill this role? it is an indication of how our government feels about that final sacrifice families give. and we can't find $100,000? it's an absolute out rage. >>steve: it is outrageous. pete, thank you very much. 28 minutes after the top of the hour. coming up, an ordinary couple doing extraordinary things that have never been done before. a husband and wife both donating their kidneys but not to save each other. the details coming up. >>elisabeth: plus everyone loves a good car chase but how does hollywood pull it off? anna kooiman getting behind the wheel.

>>brian: first happy birthday to dale earnhardt jr. he is 39 years old today. [ male announcer ] even ragu users a. ♪ chose prego homestyle alfredo over ragu classic alfredo. prego alfredo?! [ thinking ] why can't all new things be this great? ha ha! whoa! [ monkey squeals ] [ sighs ] [ male announcer ] choose taste. choose prego.

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>> switzerland is now considering a new law that would give every adult in the country a guaranteed $2,800 a month without having to work. the united states has a program like that too. it's called congress. you don't have to come into work to get paid. >>brian: a lot of americans, sadly, if you look at tom coburn's report, it is called disability. some people that don't need it cashing in on it. let's talk about princeton, new jersey. when it comes to grass roots kids' sports, they have taken action that' somewhat surprising, forward-leaning or maybe makes you feel as though we're being too overprotective with our kids when it comes to sports. for 6 to 12th graders something is going to be different if you play field hockey, soccer or lacrosse. >>elisabeth: they're making mandatory the

helmets. here's an example of it. padded on the sides with the gates in the front. apparently to reduce injuries. some physicians think the head gear is more for reducing abrasions and lacerations, not reducing concussions. girls soccer in high school has the second highest rate of concussions nationally; right? >>steve: that would sound about right. >>brian: head to head collisions in field hockey, logic tells you there's some crashes there. >>elisabeth: i saw someone's teeth fall. i was a ball girl for field hockey. i saw someone's teeth come right out. >>steve: my daughter mary in high school -- boy's lacrosse, they have the great big helmets. they look like something from star wars. whereas the girls in high school just have the little cage for their eyes. she wound up getting her nose broken. as long as everybody's wearing the helmet, that would be one thing.

but like brian said, from sixth grade up, the parents can opt out. if you don't want your kid running down the field with that, the parents say i don't want that. so amazingly, or not surprisingly, most parents are saying i don't want my kid wearing that helmet on the field. >>brian: there's a psychological thing to it. if you're wearing a helmet, you feel you're superman and may take more risks. if you look at andy rooney, one of the best players in the world in soccer, he may be trying to make this protective head thing cool. he got this from a new york company. it's because he had a head injury and wears it around his head to absorb w-ft -- some of the blows. you can take a long punt. he's wearing it to stay on the field. i also know a company choosing kevlar around your head to absorb some of the

blows. >>elisabeth: there is a company tracking some of the blows. there are strips that can monitor the level of concussion over time. >>steve: if every kid on the field is not wearing a helmet if your kid -- and you know kids. they're probably going to poke fun at that one kid. the parents could have the best intentions of the world. it is odd to have this opt in, opt out thing. what do you think? do you think kids should have to wear helmets in soccer and field hockey or is this another step leading to the thing where we just bubble wrap the kids? >>brian: or should we just let kids play video games? >>steve: or just watch tv. now you're watching heather nauert. >> interesting debate. we are getting our first glimpse at the detective accused in a road rage assault case.

32-year-old wojciech braszczok covered his entire face. he's charged with gang assault and criminal mischief and he's out right now on $150,000 bail. >> the allegation is they allege that he struck the rear portion, hatch back window, which has a gaping hole already in it. it's already destroyed. under the law, it's a fatal flaw. you can't break what's already broken. >> an interesting argument. there is another new development in the case. a seventh suspect has turned himself in to police. police still looking for others. imagine this nightmare. you come home. you find your kwroupbd -- underground pool is now above ground. ground water underneath that pool pushing it out of the ground. to make matters worse, the

insurance company says ain't covered. >> you pay for an insurance company assuming you have coverage and the coverage isn't actually there when you file the claim. >> the family says that problem could take years to resolve. dramatic new video. a train barely down the tracks and smashing right into -- a train barreling down the tracks and smashing right into a truck. well, this happened in texas. you can see those cargo pipes sent flying through the air. the train conductor laying on the horn in order to warn a truck driver. this driver, though, couldn't move quickly enough. thankfully he escaped just in time. that truck was over the track. a couple in california donating their kidneys to complete strangers. alexis and charles wesley are the first couple in the country to each donate a kidney through the national kidney registry. doctors say they are saving seven lives because matching kidneys can have a domino effect.

>> when you give up maybe three or four weeks of your life in terms of having to go through the recovery but you can extend someone else's life by 10 or 15 years. euped to be the person -- i wanted to be the person willing to do that. >> why did they do it? their family has received a lot of medical help. both of their children have a rare joint disorder and have had several free surgeries in order to help them walk so the family wanted to give back. those are your headlines 20 minutes before the hour. >>steve: heather, thank you. >>brian: maria is poised tkpwoeuf us -- to give us the weather. >> we have a storm system tracking up the east coast. a number of advisories across virginia, delaware, maryland, even up to the new york city area. you're talking about beach erosion. you can see that on the map out here as the storm system is forecast to slowly move up the coast. this is going to be with us not just today but also into friday and even into

the weekend. significant rainfall for many people not just along the coast but even a little farther inland across eastern parts of pennsylvania. locally up to six inches of rain and believe it or not, we have another storm farther west across parts of the plains we are expecting to see severe weather today, damaging winds, large hail and isolated tornadoes a concern across the plains. we'll keep an eye on that as well. >>steve: thank you, maria. meanwhile, got a question for you. what makes a good action movie? a hero? a damsel in distress and an epic car chase. >>brian: how are they made? anna kooiman find out. >> from squealing tires to j-turns, i'm taking you on a wild ride this morning ph memphis, tennessee. everybody loves a good car chase scene in a movie. what goes into these? i can't believe it i'm getting behind the wheel. how did i do? we'll find out. i got a need for speed.

>> now, spin it. now accelerate. there you go! >> learning to be a stunt driver like the ones on the big screen. not too shabby for a fast and furious fox news assignment. you got nothing on this chick. first takeaway about being a legendary stunt driver like the dukes of hazard, all about the intrigue. a good beginner tool, this training car with skid wheels at the training school in memphis. >> i can raise it up. i can lower it down. >> i didn't eat too much breakfast. >> go ahead and turn. a little bit more. now turn. look where you're going. there you go. >> yeah! >> enough child play. put me in some muscle car.

tell me about it. >> anna, i know what you're trying to do. those shoes are not going to work. >> i was trying to be cute. you're going to make me put my flats on. j-turn, baby. is first time going to be the charm? we'll see. >> give it gas. more gas. more, more, more. more, more, more. okay, off the gas. hit the brakes and turn. hit the brakes. off the brakes and accelerate. there you go. >> baby, yeah! i've always thought of myself as a cha-cha slide girl but this is a 90-degree slide. bad boys! put it all together and do some role playing. >> this guy looks like trouble behind us. >> let's get out of here. slow down a little bit. a little bit more, a little

bit more. there we go. >> we lost him. high five, baby. how exhausting this is. i think i need a nap so i can wake up for "fox & friends." night-night! >> i'm going to call you danica. >> this guy specializes in teaching guys how to do deliveries and teenagers who hit black ice and flooding. he's been doing it for years. >>brian: you looked a little scared. >> in that yellow car when we were going into reverse, sometimes it looked like it was in reverse but it wasn't really. it was a 1971 car. there were some -- >>steve: now you're qualified to drive a new york city taxi. congratulations. >>elisabeth: you can drive us any time. >>brian: 17 minutes before the top of the hour. next on our rundown, how

would you like free fries with that? the scoop on a fast food joint giving fries away. >>steve: did you know about this dangerous side effect to obamacare? effect to obamacare? >>brian: the judge. hey, i notice your car 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) waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com and i had like this whenfour inch band of bumps it started on my back. that came around to the front of my body. and the pain from it was- it was excruciating. it made me curtail my activities cause i'm really an outgoing kind of a guy. and, uh, i like to play sports, i play basketball, i play pool. i did not want anyone to brush into me to cause me more pain than i was already enduring. i went to my doctor; he said well you actually have shingles. this is a result of you having chickenpox as a kid. it totally caught meff guard.

i put the pool cue in the corner. i couldn't do those things anymore. the basketball- it caught dust. i wanted to just crawl up in a ball and just, just wait til it passed. a a ♪

♪ ♪ [ female announcer ] with five perfectly sweetened whole grains... you can't help but see the good. >>brian: for the first two weeks of november mcdonald's is ditching toys in its happy meals and replacing them with books with a nutritional message. that will be great for little rob by. and burger king give-away, giving away its new status fries this weekend. they have 30% less fat and 20% fewer calories than the normal fries. you don't need a coupon to get them but the order. later we'll have checkers and wendy's weighing in on what they're giving away. >>elisabeth: there's

another dangerous side effect to obamacare and it has to do with your personal data. >>steve: a closer look at the fine print on the exchange website show that your information can be used by law enforcement and for audit activity. and that even includes your e-mail could become public record. >>brian: judge, do you agree with that? you're our judicial analyst. >> no, i don't agree with it. most americans wouldn't agree with it. >>brian: you agree it's in there. >> yes. the constitution doesn't agree with it. it's an outrageous invasion of privacy. you go to your doctor. the doctor has a laptop. the doctor is required to record information in the computer. guess who has access to the computer. the department of health and human services. guess what they can do with that information? they can share it with law enforcement or the i.r.s. today if you go to the doctor and say i have a problem. i've been using cocaine a little bit. i want to get out of it. can you help me? the doctor's job is to help you. in six months the doctor will be reporting that to

the law enforcement authorities rather than helping you. >>steve: you know what, judge? that's going to lead to a nation of liars. because you don't want the truth on the official record. >> the government will incentivize us to keep the truth from our doctors, which means misdiagnosis and improper treatment. or if you do tell the truth, you run the risk that the doctor, who is forced to report this stuff, will do so. >>elisabeth: where is the care in the care act? here we are not being able to disclose to physicians what's really going on. >> whatever happened to the privacy of the patient-physician relationship which couldn't be interfered with by anyone? there were times when even in a courtroom when a physician is asked a question about what the patient told the physician, the physician can't answer. that's how sacrosanct that information was until obamacare. >>steve: we had to pass the law to find out what's in the law and now we don't like it. >>elisabeth: making us sick.

>> making everybody sick. >>brian: the good news is we can't log on and get it any way. fantastic. >>steve: all right, judge, thank you. >> pleasure, guys. >>brian: coming up straight ahead, you want to know how to fix the shutdown? your answer around the cooler. a hostage negotiator is next. >>elisabeth: forget pushes to ban the sport. one man says america's kids needs football now more than ever. ♪ ♪ fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated

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>> you don't negotiate by putting a gun to the other person's head. >> they took hostages by shutting down the government. and now they're releasing one hostage at a time. >> you took the country hostage for no apparent reason.

>> you do not hold people hostage or engage in ransom taking to get 100% of your way. >> steve: outrageous rhetoric from the white house and democrats over the government shutdown. so is the washington stalemate really a hostage situation? >> elisabeth: we decided that we're going to ask a former member of the elite nypd hostage negotiation team that question. this is deemed by the democrats here and our commander in chief a hostage situation. correct? >> that's the amazing thing. you have the commander in chief who is claiming he's being held hostage. it's amazing. hostage is like we have a barricade situation, when you have someone who doesn't want to come out of the white house and talk. >> steve: the message out of the white house is clear: i'm not going to negotiate. so as a hostage negotiator, that makes your job a little tougher. >> incredibly tougher. one of the things you always want to do is establish commonnallity, establish conversation. he doesn't want to talk.

so at some point you run into a problem of how do you resolve it? that's the critical problem here is there is really no true resolution, right? most cases you have someone who has emotional problems, they go to a hospital. if a criminal, they go to jail. sometimes it doesn't resolve itself well and there is a problem and it ends at the scene. there is no resolution to this. i've never seen a hostage situation where three weeks later, everybody comes out pats themselves on the back and says we're done. >> steve: welcome to washington. >> elisabeth: if someone was willing to break through the barricade, we'll say, it should be the president. why wouldn't he send in joe biden? he can get along with people, for the most part. >> the president, in one man's opinion, the president needs to understand he's the president of the people. not the president of the party. and what he's doing is taking the hard line party stance here. he needs to have effective leadership.

he's got to step up to the plate, bring the executive branch together. in absence of that, somebody's got to step up, either biden steps up or the comedy routine from yesterday was somebody like a scalia invites these guys over for dinner on sunday and says i want to make you an offer you can't refuse. >> steve: you got the two equal branches of government so bring somebody from the third branch in to be the mediator? >> somebody has to be the adult in the situation and has got to be able to come it a successful resolution. you get a successful conclusion to this. the things that are bad is we're starting to see triggers that are turning it more serious. when you you're looking at people who aren't getting the death benefits, the soldiers that were brought back. you're look at acts not processed. triggers now have somebody show up to work with a weapon or try to drive their car on the front lawn of the white house. >> steve: it's all troubling and thank you for your perspective as a former hostage negotiator.

thank you. >> elisabeth: thanks. >> steve: coming up, furloughed workers are getting back pay and unemployment checks at the same time. really? is that fair? double dipping? details coming up hes of oats. ching! hes of oats. mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal. ♪relaxed music go take the trail less traveled. go spend a little more time and a little less money. go to bass pro shops for great deals. and check out the new look of tracker boats for 2014. plus get a free boat cover with purchase of select models.

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it took a little time to get it just right. [ ding ] ♪ but finally, it happened. perfection. at progresso, we've got a passion for quality, because you've got a passion for taste. >> elisabeth: good morning. it's thursday, october 10, 2013. i'm emmy awards elisabeth. we begin with a fox news alert. libya's prime minister free after being abducted overnight by a gang of armed men. we are live with the breaking details. >> brian: wow. they've been propping up the president since he was elected. so what is the associated press supposed to do when their own poll shows the president's approval rating hit an all-time low, lower than george bush's was in his second term. the headline you have to see to believe. >> steve: thank you. the irs targeted conservatives, but apparently it's a big joke to democrats.

>> have you been consorting with the devil? >> not to my knowledge, sir. >> are reports that you can fly accurate? >> greatly exaggerated, sir. >> steve: is that democrat member of congress actually mocking republicans? i'm going to answer the question. the answer is yes. what's the story about? you'll find out. hour two for this thursday, "fox & friends" starts right now. >> steve: can you imagine if she would have said yes, i can fly. >> brian: right. >> steve: watch. >> brian: it's amazing how some people who aren't audited and don't feel as though they're under the microscope can mock and kid. >> elisabeth: and make light of it. >> brian: especially when they seem to be so wrong. this morning we get up, we think we have one story 'til you get this shocking news. at this hour, the prime minister of libya is safe after being

taken at gun point from his hotel overnight. >> elisabeth: leeland vittert live in jerusalem with the live and breaking details. what do you have for us? >> good morning. been a busy morning for the prime minister of libya. taken at gun point out of his hotel. his bodyguards beaten up. his picture posted all over the internet in captivity and now he's back in the office for afternoon meetings. still don't know why he was kidnapped. it really shows you how unstable libya is as a country right now, how weak the central government is. at one point, libyan state television was reporting the kidnappers were basically subcontractors of the department of the interior called the anticrime brigade who may have taken the prime minister either in an attempt to arrest him or perhaps in an attempt to hold him out in some kind of kidnapping extortion plot. we still don't know how all that plays into the fact that just in the past week, the delta force

from the united states army went into libya and took a well-known al-qaeda operative off the street and are now holding him. whether the fact that the libyan government may have green lighted that could have played a role in this kidnapping. will have to wait until the prime minister gets done with his afternoon meeting. >> steve: all right. thank you very much. what a day that guy's had. >> elisabeth: where to start -- what a way to start the workday. >> brian: and it was never supposed to leak out. the fact that it did put all the pressure back on the prime minister. >> elisabeth: now for some other headlines, we're going to go to heather nauert. >> back here at home, we've got news to bring you. was it an oversight or just bad politics? the obama administration wreaking havoc with this. so many members of our military and so many americans are upset about this. the death benefits for the military not being paid out at

this time for those men and women who are returning home deceased after having been killed in combat situations. just a few hours from now also, pete hagseth was on the show a short while ago. he's with concerned veterans for america and he says the white house is playing politics at the expense of military families right now. listen to this. >> i think they know where to turn the screws. they know where to turn the temperature up. i think it will backfire on them. i think we're seeing it backfire on them, but they want to turn this up so people go, we can't have this government shutdown anymore. we got to find a solution and the white house is hoping it will be on their terms. >> the white house -- excuse me, the house of representatives voted unanimously yesterday to restore the benefits, but don't expect much from the senate. so far it has blocked more than a dozen bills from the house. we should mention, the fisher house stepping in to fill the gap until the government starts funding those military death benefits.

just a few hours from now, president obama will meet with at least 18 key republicans on day ten of the senate slimdown. also today, house republicans will hold their own closed door meeting and there is talk that they may put a short-term debt ceiling bill on the table. this in order to buy time before our government defaults on october 17th. we'll keep you posted on that. new overnight, the father of nsa leaker edward snowden landed in moscow a short while ago. he plans to see his son for the first time since he spilled state secrets and fled america for asylum in russia. he's not revealing when or where he's meeting with his son. his son faces espionage charges in the united states. a million dollars norman rockwell painting swiped from a storage facility. this work is titled "sport" and it was just about to be shipped to a new owner. that's when workers at the new york storage facility realized it had been stolen. it's a 1939 oil painting and it shows a fisherman in a yellow

rain coat braving the drops in a boat. the last time it was seen, it was in a gold colored scene. by the way, there is a great norman rockwell museum in the berkshires in massachusetts, if you're ever out there. >> steve: it's not run by the federal government, is it, 'cause it might be closed. >> i think it's private. >> steve: i bet it is. >> see you later. >> steve: thank you. >> brian: there might be a break when it comes to what's happening with the lockout and the debt ceiling because you see the president jump in twice yesterday. democrat leaders and republican leaders met face-to-face yesterday. you get the sense that the disapproval rating from both parties is starting to force these two sides to talk. >> steve: brian, you could be absolutely right. ever since this shutdown started, the president's poll numbers have absolutely cratered. they right now are at the lowest number of his tenure. but extraordinarily, and this is all contained in a brand-new associated press poll, okay, if

the president's got the lowest poll numbers he's ever had, what do you think -- look right there. right now, 53% disapprove his job. only 37% of americans approve what he's doing. so if you've got that terrible news right there, how do you think that associated press would headline it? >> brian: i haven't seen it yet. the headline is, president an all-time low with approval rating sending shock waves through the white house. what would you say? >> elisabeth: not how it's out there. instead of what brian said, brilliant headline, by the way. >> brian: thank you. >> elisabeth: their headline says this, poll, no heros in shutdown. gop gets most blame. what headline would you all want to see out there? e-mail it to us. send it via twitter. >> steve: and going into the shutdown, we've said that the main stream media would be reporting that republicans are getting the blame for the most part for the shutdown.

we have since seen when it comes blame wise, republicans got 70% of the blame. democrats wound up getting 60% of the blame. what's interesting is i saw a new poll last night that showed that the president of the united states actually getting more blame fort shutdown than the tea party, which is interesting. i think a lot of people are realizing that they're not impacted and, in fact, also contained in that same associated press poll, was the fact that 80% of americans say that there has been absolutely no impact on their life from the government shutdown. so perhaps it backfired fort democrats. >> brian: now the president says he's open, in one of his myriad of interviews yesterday. maybe because of these polls. evidently they polled the fact that he said i'm not going to negotiate. he always followed up with i'm not going to negotiate with a gun to my head, but after we cut the deal on unfunded government, then i'll negotiate, which many

people buy because if that was so, then you would have negotiated in july, august. now at a deadline, who would be optimistic? these are the poll numbers that show that america is saying go deal with each other. go into a room and work it out because this is flat out embarrassing. the rest of the world is laughing at us. the imf has a meeting in washington. we could barely even go. we got taken to the wood shed because we can't fund our own government. >> elisabeth: notice, in the president's address last night when he was talking to media, he originally was saying, i'm not going to negotiate. i'm not going to negotiate. no one liked that line. americans hated it. now he's saying, i've always said, i've been willing to talk about anything. i'll talk about anything. that's the new narrative coming forward, which is not true. >> steve: yeah, right. 'cause i'll talk about anything, but i'm not going to negotiate. more on that in a little while. on capitol hill yesterday, the woman tapped to oversee obamacare for the irs for a while really got hammered. her name right there, there she

is, sarah hall ingram. she ran the exempt organization's division. now she had been to the white house for something like 80 times talking about how this was all going to work. this was in front of darrell issa's oversight committee yesterday and while the republicans had serious questions regarding the targeting of conservatives -- and it is. and really when you talk about poll numbers, the president's poll numbers really did start to turn with this irs scandal and it truly is a scandal. >> brian: that's why he quickly went out and had a press conference about it. saying listen, i want to get to the bottom of this. they have not gotten to the bottom of this and democrats have not owned up to this and lois lerner got paid not to work because of this and then got to resign in retirement because of this. so you can imagine the heat would have been very high yesterday on capitol hill. >> elisabeth: retirement but it wasn't. check this out. >> have you been consorting with the devil? >> not to my knowledge, sir.

>> are reports that you can fly accurate? >> greatly exaggerated, sir. >> some of the last questions made it seem that maybe were done in a joking manner, but this really is nothing to joke about. it's really kind of sad. >> steve: it is kind of sad. one of the headlines was that apparently the irs exchanged confidential taxpayer information with the white house, which is against the law, obviously. >> elisabeth: you're looking at the woman who sat and headed up the irs department that wrongly turned on tea party individuals and companies in terms of tax exemption, yet her questioning is light and funny? this isn't a late night program. she's there to tell the truth. i mean, she's raise -- i don't know if her finger was crossed behind her back or what. but the fact that this was so lightly played says a lot. >> brian: gerald connally is the guy with the sense of humor.

congratulations on the daily show, there might be an owning. dr. ben carson, who joined fox news as a contributor, he was on last night. he was somebody who the irs started magically auditing and investigating after his prayer breakfast speech in which he took on obamacare. he's a neurosurgeon. he was not amused either. >> just not terribly surprising because if you read "rules for radicals," it talks about the need to ridicule. also talks about never having a real conversation with your adversary because that humanizes them and your job is to demonize them. therefore, we see people coming out and saying about those who oppose obamacare, for instance, that they want older people to die, they want kids to be deprived of food, you know, all these thing are just straight out attack. >> steve: they are indeed. if you don't ridicule, you marginalize, or you just try to

put it so far on the back burner that nobody talks about it anymore. here we are one year past benghazi, yet you would think that never happened, according to the way things are going with this investigation. >> elisabeth: they're going to deal with that later. >> steve: yeah. >> elisabeth: we've got coming up, furloughed workers getting back pay and unemployment checks at the same time. how is that possible? the details coming up when stuart varney joins us. >> brian: i feel good when he walks in. sorry, kid, halloween is canceled. the reason? it's too religious. stick around. how religious that skeleton is

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>> steve: even though we're now entering our tenth day of the government shutdown, about half of the 800,000 workers originally furloughed back on the job. here is the real kicker, many of those furloughed workers are getting paid twice. joining us right now from the "fox business" network with this wrinkle to this snafu, here is stuart varney. how are they double dipping? >> if you're furloughed by the federal government. >> steve: which they were. >> which they were, a lot of them are signing up for unemployment benefits. and a lot of them have received unemployment benefits. >> steve: because they're technically unemployed. >> this week, for example, dc itself, the city, the town, has paid out $4 million. maryland, the state, has paid out $6 million. now, they're going to get paid for that furlough eventually they will get paid. that is double dipping. the question is, can we get the unemployment benefit checks back? the answer is maybe. >> steve: but it would have to be the states because the states are the ones --

>> yes. >> steve: let's get this straight. they're out of work. there is no promise of getting back wages going in, so they within to the unemployment office and they said, i'm unemployed. now they're in their tenth day of unemployment insurance, so what they would have to do is the states of virginia and also maryland would have to say okay. bill wilson, we paid you this amount of money, but you weren't really unemployed those days because you got your furlough money. >> this is a problem that's plagued unemployment insurance for many, many years. how do you get it back if it was paid out wrongfully in the first place? i don't know how they're going to get this money back. what it amounts to is a double dip paid vacation. that's what it amounts to. >> steve: when people hear this as they watch all across the planet, this is just another example of how this whole thing is kind of backfiring on the administration. >> yes. i think the president is getting some very bad pr because of this shutdown. the death benefits mess that

disgraceed war veterans. that's reflecting badly on the president. that's why there is a retreat on half of these 800,000 furloughed workers are now back on the job. social security, faa, defense department, they've all brought them back. it's backfiring against the president. >> steve: that explains why with this government shutdown, 80% of the people polled by a.p. said i don't feel it. i don't see it. >> how are they going to feel about double dipping for a paid vacation? >> i don't think they're going to like it. >> steve: i don't either. two hours from right now, you'll be on the fox business channel. we'll be watching. >> thank you. >> steve: what do you think about that? e-mail us. meanwhile, up next, the true cost of the obamacare web site finally revealed and let's just say the math isn't what they promised. and the web site doesn't work to boot. and parents pushed to ban pee wee football because kids are getting hit too hard. do they have a case? we're going to talk about that straight ahead.

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>> brian: time for news by the numbers. first, $634 million, that's how much the taxpayers shelled out, according to a new government report from government records. so a company could create the glitch-filled obamacare web site, it was also supposed to cost $93 million. next, $1 million. that's how much the government funded electric car maker fisker owes in taxes after missing last month's deadline. this not the first time the company has not paid its taxes. and finally, zero. starting october 31, t mobil will be eliminating fees for data and text messages when traveling in more than 100

countries. hopefully burma is okay. >> elisabeth: america now fighting a war on football? peewee and pop warner leagues are coming under fire after a new study suggests kids are taking too many adult sized hits on the field and some parents want peewee football banned across the board. do they have a case? daniel flynn is a columnist for the american spectator and author of "the war on football" and joins me to discuss this. good morning, daniel. >> good morning. >> elisabeth: thanks for being here. so on one side we have concerned parents and rightfully so. talk of concussions, et cetera, is worrying them. on the other side, you say that we actually need football more than ever. what's your case? >> the game is safer than it's ever been. it used to be a very deadly game and when people complained about football generally, they didn't talk about concussions. they talk about kids getting killed. so in 1968, there were 36 players at all about one out of every 20.

so traditionally the best way to get fatsos off the coach and into cleats was football because it gives advantages to brawl and bulk that other competitions don't give. particularly when talking about youth football where there are weight limits and you have to make weight to play, football can be pretty constructive in the war on obesity. >> elisabeth: i want to make one thing clear, are you saying we should not focus on the concussions call or just broaden the discussion to talk about overall health? >> i think concussions are important. players should get out and stay out for several weeks and not come back until he gets doctor's permission. to that ex tents we should be focusing on it. but the mayo clinic did a study of high school football players laos year. high school football players from mid century. they found that the neurological disease rates were no different than the rates from the glee club member, members of the band, the members of the choir. so i think a lot of what has

happened in the nfl is being projected onto peewee football or high school football and the science doesn't support that. >> elisabeth: daniel flynn, we thank you for balancing it out with the other side from newton, mass. have a great day. >> thank you, you, too. >> steve: up next, he's a -- >> elisabeth: he's a man on a mission, trying to keep the lincoln memorial lawn clean during the shutdown because the government can't. the feds told him to beat it. is that fair? sorry, kids, also unfair, halloween is canceled. the reason? it's too religious? stick around. we'll be right back with that story. ♪ my wife takes centrum silver. i've been on the fence about it. then i read an article about a study that looked at the long term health benefits of taking multivitamins. they used centrum silver for the study... so i guess my wife was right.

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chose prego homestyle alfredo over ragu classic alfredo. prego alfredo?! [ thinking ] why can't all new things be this great? ha ha! whoa! [ monkey squeals ] [ sighs ] [ male announcer ] choose taste. choose prego. >> they said today the government shutdown will not interfere with nasa's next mission to mars. isn't that ironic? we can go to mars. we can't go to the statue of liberty, but we can go to mars. it's not a problem. they can't go to yellow -- oh, no, no. >> steve: we found out this week you can't go to the world war ii memorial for all those vets. >> brian: what about the woman you interviewed yesterday, who wanted to see old faithful? >> steve: couldn't. she said everywhere she turned, there were guys with guns saying, step away from the geyser, ma'am. >> brian: and the asian people that weren't able to see it?

>> steve: they were part of her tour group and they felt -- they kept asking, have we been arrested? >> brian: she's from boston, had to be the broker. >> elisabeth: the government shut down the temporary issue. >> brian: if steve not on the best of, i'll walk out tomorrow. >> steve: that's coming up tomorrow. did you realize this weekend there will be a million vets march in washington kicking off at the world war ii memorial? all right. keep in mind the government shut down national park service, not normal operation. who is going to mow the yard and the mall, make things nice and tidy for all the vets who will be visiting? nobody except the one man, memorial militia, there he is, chris cox of south carolina. >> elisabeth: that's right. his mission was to keep the mall clean. he actually -- he got blocked, so that all of a sudden, three cruisers and multiple officers showed up, of course, and asked him to leave. all he was doing was trying to help out. help out the country.

>> steve: yeah. he showed up at the lincoln memorial yesterday. he had a chain saw and a limb had fallen and he took care of that. then he started mowing. he didn't even have a riding mower. he had had push mower. he did it for a while. the park service let him do it for a while, but then said you have to stop. away he went. how great is that? he saw something, he wanted to make sure the vets were greeted on saturday with a beautiful national mall, national park service said sorry, buddy. >> elisabeth: i love when citizens step up. >> steve: yeah. 27 minutes before the top of the hour. heather nauert is joining us right now. >> i hope we're calling that guy to get him on the show. >> steve: we're doing our best. chris cox, if you're watching now, call us. >> we want to hear from you. we've got headlines now. a trip to the amusement park not so amusing for a dozen people. the hollywood rip ride rocket roller coaster at universal

studios in orlando came to a sudden stop last night. riders were stuck at a 90-degree angle more than 150 feet off the ground. it turns out there was a glitch caused by the computer system and so the ride went into safety mode. it stopped the ride, but no one was hurt. a horrifying turn of events in a hot air balloon festival in albuquerque, new mexico. one hit a power line and caught on fire. it was 40 feet in the air and came crashing to the ground with both the pilot and the crew chief inside. both men were burned. imagine this nightmare, you come home to find your underground pool is actually above the ground. this happened in florida. ground water had pushed the pool out of the ground and then, to make matters worse, the insurance company, perhaps no surprise here -- says they won't pay for it. >> assuming you have coverage and the coverage isn't actually there when you go to file a claim. >> this problem, we understand, could take years to resolve.

look at that. and halloween has been called off at one elementary school in pennsylvania. the reason? the principal says that the holiday has religious overtones. >> it's ridiculous. i don't think you can speak to one child in this school district and ask them what halloween is about and they cite any type of religious backing to that. >> i'm very upset. i think the kids are missing out. >> the school district says it will now hold a fall festival on october 18th. students can wear their costumes. pretty dopey, don't you think? >> elisabeth: it's like when they don't keep score, then at the end, they say it was 15-3, mom. >> steve: thank you very much. >> see you later. >> steve: look down on the street, i see her with her blue and white umbrella, maria molina. >> elisabeth: hi. >> good morning. the rain just started. it's just picking up right now here in new york city.

that means our storm system has arrived. it's a big area of low pressure, very slowly moving northward right along the east coast. pretty much we're looking at concerns out here with coastal flooding from new york city on southward, to parts of virginia, across parts of maryland and even across parts of the state of new jersey. a number of advisories and watches watches are in effect. flooding is a concern. beach erosion and rough surf. heavy rain and also strong winds. we're talking wind gusts in excess of 50 miles per hour and the storm system is a very, very slow mover. so we are expecting it to stick around with us for several days out here. as much as four inches of rain are possible for a very widespread area out there across parts of eastern pennsylvania, parts of southern new jersey. so we could be looking at flooding across areas a little farther inland. as we continue our track farther west, we're looking at severe weather possible across a section of the plains, including also eastern portions of colorado with damaging winds, large hail, and also isolated tornadoes possible and the higher elevations of the rockies

with that very same storm system, we're talking snow. as much as a foot of snow possible out there in parts of colorado. a lot going on out here. we have two storms tracking. one on the east and one in the rockies. head back inside. >> steve: all right. thank you very much. high tail it back in here. you know him from "pirates of the caribbean" where he starred opposite johnny depp. >> elisabeth: now orlando has taken the stage in a new way. >> brian: you spoke to him yesterday. now that you're in the fox light? >> we did indeed. 400-year-old tale of star crossed lovers is hotter than ever. a new movie coming out on friday. orlando bloom stars in the updated version on broadway. the first time "romeo and juliet" has been on broadway in 30 years. he's making his broadway debut and tackling shakespeare. >> steve: start at the top.

>> very ambitious. he stopped by our studios a couple days ago. we asked him what the transition has been like. >> it's great. i feel like i picked up a threat and back doing something that i was always meant to be doing and it's a part of my working life as an actor. so i'm really excited about it. >> were you a little nervous starting off with shakespeare? kind of brave. >> my mom was like, so you decided to climb ever rest on your first trip up a mount, have you? literally it was like my first time on broadway. my first time with shakespeare and obviously romeo is a monster of a part. but that kind of adrenaline and that kind of buzz, i really thrive off it. >> you can catch it at the richards rogers theaters 'til january 2. he was candid and open about talking about his struggles with dyslexia and how he really has to work really hard to memory the lines. >> elisabeth: those are long. >> they are long.

>> steve: line, line. thank you very much. >> thank you. >> brian: 22 minutes 'til the -- excuse me, 'til the top of the hour. off-duty new york city police officer accused of being involved in this beatdown. caught on camera. can the city also be held responsible? peter johnson, jr. will weigh in >> elisabeth: and the science is in. the secret to a happy marriage just revealed. what could it be? >> steve: yes, dear. ♪ ♪ 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.

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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. >> elisabeth: it's time for your headlines. a small test for detecting

alzheimer's. researchers studied this and they're providing peanut butter smells. they find out people in early stages of the disease could not smell a spoon full of peanut butter with their left nostril, which is specific to detecting alzheimer's. the secret to a happy marriage could all be in the genes. researchers found a gene involved in the regulation of serotonin can predict how much of our emotions affect our relationships. go get tested. brian, over to you. >> brian: okay. we told but the off-duty new york city police officer who got busted participating in this brutal beatdown of a father in front of his family. that cop arrested and brought into court on assault charges. but the question is, can the city, his employer, also be held responsible in court? joining us now, fox news legal analyst, peter johnson, jr. good morning. he was in the gang, now that we know he's in legal trouble, is the city? >> he's a detective in an elite

unit in the nypd. the issue is in civil liability, can the city of new york be sued? a lot of people would say yeah, they can be sued. but under the law, they can't be sued because based on the allegations, he was not acting within the scope of his duty. >> brian: and he was not undercover. >> he is an undercover, but he was not undercover with this group of motorcycle enthusiasts, i would say, on that day. he has been undercover, according to reports, on occupy wall street. remember that demonstration in new york city. >> brian: he worked it? >> he worked it. he was part of that demonstration. this is a problem, though, with undercover police officers. very often they have a hard time separating their police department duties from the criminal lives that they sometimes assume. we've seen the psychological portraits over the years where people really break down. >> brian: i'm also wondering, there were other cops evidently part of that biker group. i'm wondering if they all were caught on that video. >> they're looking at video right now.

they're trying to decide whether they were merely riding at different times with that group, whether they participated in the assault. he's being charged as the others with a gang assault. you can be charged with a gang assault and go to prison in new york state for a long, long time even if you don't put a hand on that person. if you're acting in concert, meaning together with a group of other gang members and someone is injured as a result of assault, you go to jail just the same way as the person who did the punching. >> brian: if you are owner of that suv, who can you sue? >> well, the owner of the suv would have a right of action for a whole bunch of things, intentional acts, negligent acts, by any of the motorcyclists that stopped him on the road, any of the motorcyclists that launched an assault on him and his family, any of those people i believe will be sued in this case. >> brian: now that they have video, you can actually go after -- >> there is not a lot of insurance because a lot of those

motorcycles are illegal and not registered. but if this man is angry enough and he wants to do justice, he will try and hold these people responsible and even if they don't have insurance, he can garnish whatever salaries they have. >> brian: very interesting, too, because the guy who got run over who is now paralyzed, there is a case for him, i'm sure. >> he's lawyered up already. he'll be bringing a case. but it's interesting, the nypd has really gotten into this so far that they've even decided to arrest a member of its own police department and its most elite unit. they're looking at four or five others right now. so we might see more arrests and certainly administrative charges. >> brian: we've been on the couch. we've been in the living room and now we've stood. i feel we've done a lot together. >> we have. >> brian: very good. covered great ground. next up, someone call the pc police. this morning a tree honoring veterans has been up for years in one town.

but now the city wants it down. why? 'cause it's too christmassy and not fair to other religions. but first, this day in history, 1980, queen had the number one song, "another one bites the dust." ♪ and another one gone and another one gone ♪ ♪ another one bites the dust ♪ hey, they're gonna get you too ♪ ♪ another one bites the dust it stops pain before it gets worse. nothing works faster. new fast acting advil. look for it in the white box. so she could take her dream to the next level.

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>> steve: well, the pc police at it again. this year round evergreen in maine is supposed to honor our veterans, going way back. the city council wants it torn down. >> elisabeth: the reason? the tree is just too, quote,

christmassy. the executive director of reach across america, the group behind the tree, tell us about the importance of the tree. what it has signified, who has come to see it first. >> the importance of that tree and by the way, the organization, our mission is to remember, honor and teachment the significance of the tree was a teaching tool for children. we wanted to teach them to come and see the lights and ask the question why? and the flak reads, to honor veterans from any religion, from actually any conflict, but the fact that they're away from their families and that's what the sacrifice is. that's what we want to do do was have that opportunity to teach. >> steve: so two years ago in 2011, you sponsored the tree right there. you took out a million dollars insurance policy so that anybody got injured there with the tree, the town would be absolved of any wrongdoing. out of curiousity, who wanted you to put that there? >> the world war ii veterans. we have a battle of the bulge

survivor, prisoner of war survivor on our board of directors. he told me one day that historically, so it's a historic thing, the 1944 was known as the christmas they never had because so many people were away and involved in world war ii. so people didn't celebrate any holiday. >> steve: that's the reference. >> right. we did, by the way -- we did work with a gentleman named -- american veteran of the jewish faith, george fisher, and we said, is this offensive? absolutely not. they fought for freedom of religion, you know. we need to talk about all religions and just turning the lights out on any religion is not going to do anything but oppress people. giving away a freedom that's been paid off. >> elisabeth: they want you to take this tree down. what's going to happen? you're taking down? >> we're taking the lights off. the tree will remain there. but we've decided -- i read somewhere once that disappointment is opportunity in

disguise. we just decided here is another chance to talk about those heros. so we're moving those lights with fanfare. we're taking them to washington county, it can rival washington, d.c. as far as patriotism. we're going to have a big day there and relight those trees and lee greenwood will be joining us. >> steve: i've been on that lawn and seen that tree with my own two eyes. how many people complained about it to force the town to tear down that christmas tree lights, christmassy tree lights? >> i read in the paper that the town manager said it was a christian symbol that he found tacky. i read in the paper that on top of that, there were ten complaints over a two-year period. i just wish they had taken the opportunity -- i want to say clearly, it's not the community. political correctness, if you back up and say political, you've got your problem right there.

it's all about trying to make everybody happy. it takes away our freedom. it tails away our opportunities to teach. we need to teach kids everything and let them decide themselves. that's what we want to do. and we just hope that people will go to our web site and see all the things we're doing to teach these kids because they have to learn about being american. >> elisabeth: it does. certainly we'll be with you in spirit if you march those lights down to celebrate. >> i hope you'll join us. wreathsacrossamerica.org. >> steve: i was on the web side and i sought september 14 is the wreaths across america date. thanks. >> thanks. >> steve: straight ahead, they've got video games, cell phones, and more cable channels than they can count. >> i have a tv. >> yeah, i have a television. >> yeah. >> do you have air conditioning? >> yeah. >> cable tv? >> yeah. >> how many channel. >> elisabeth: then why are they

collecting welfare? john stossel is asking and exposes the ugly side. >> steve: i don't think i have that many channels. ♪ to treat my low testosterone, my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling;

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i'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. >> elisabeth: good morning. it's thursday, october 10. i'm elisabeth hasselbeck. a fox news alert for you. this morning the prime minister of libya freed after being taken at gunpoint from his hotel overnight. brand-new video just released. we have breaking details straight ahead. >> steve: what a crazy story. meanwhile, here is another one, the government freezing benefits for the families of our fallen. but when did the president know this was going to happen? >> the president say he's it today. >> why won't you tell us what day he learned? was it yesterday, the day before? >> what i can tell u.s. when the president -- >> steve: ed is asking good

questions. not getting good answers to many. are they playing politics at the white house with our military? we'll tell what you we know as we look live at the white house. >> brian: no balls at recess, no postgame hands shakes. one town wants helmets on the soccer field. is this a good idea? they're making some kids wear it, or have we become a bunch of woosies in this country? we're not open to the good old head injury like we used to. your e-mail and your tweets, "fox & friends" starts now. >> brian: for generations, we were happy not knowing if we had concussions or not. naves we want to get tested. >> steve: remember -- >> elisabeth: it's good for to you get tested. get a baseline. we have a fox news alert, brand-new video shows the prime minister of libya safe after being taken at gunpoint from his

hotel overnight. >> steve: leeland vittert is live with the late breaking details. it's confusing, but at least he's sprung now. >> exactly. we still don't know who burst into the prime minister of libya's hotel room at the luxury hotel in tripoli that he calls his residence this morning, took him at gunpoint, held him for a few hours and we still don't know how he got out. it shows you just how confusing and fractured the government there is inside libya. there are some reports that the people involved in this kidnapping are actually sort of subcontractors of the government themselves. members of the interior ministry who are charged with being a paramilitary organization. why they may have wanted to kidnap the prime minister, we don't know. obviously this comes at a very fluid time in libya, just a couple of days after that u.s. army delta force raid captured a senior al-qaeda militant inside of libya. there were reports that the libyan government had green gren

lighted that. whether this has anything to do with it or not, we don't know. the prime minister back at his office with other government ministers. you can imagine he'll have a pretty interesting conversation when he comes home tonight. his wife asks, how was your day at the office, honey? >> brian: well, i wasn't staying there too long. 500 men came up and took me somewhere else. >> steve: thank you very much for the very latest. let's talk about -- we told you about this yesterday. it was our lead story, thank goodness the fisher house is there because of the government shutdown, military families not receiving death benefits during the government shutdown. the fisher house is going to step forward and they're going to provide that until they can be reimbursed by the federal government of the united states. >> brian: including money to travel for families to get the horrible news that their loved one has been -- lost their lives in battle. they're coming back. now six just this week.

the overall, 26 since the whole shutdown began. now we find out that's been shut down in terms of getting death benefits. the house said wait a second. i thought we funded the military -- portions of the military services emergency services up until this. and i'm surprised they're not using that money for this. the secretary of defense says, i can't do anything about it. so then the question is, who can? maybe the president. >> elisabeth: right. when did he know? why didn't he do anything if he did find out? lot of questions. guess who is courageous enough to ask them. ed henry. asking jay carney questions yesterday and has him dodging. >> he asked for him and his lawyers to take action. >> why dents he have that action taken before today? >> it has to work through the process, unless you're willing to write the check, ed. it takes some time to -- are you suggesting we don't? >> i'm saying there are people who care about it who want to get it done. >> it's getting done. >> the president says he's doing

it. why won't you tell us what date he learned? was it yesterday or the day before? >> ed, what i can tell u.s. when the president -- when the president found out, he was disturbed and he asked his lawyers and the l and b to get to work on a solution and we expect a solution today. this is not that complicated. i know you're trying to make a partisan issue out of it. >> nice try. you won't tell use simple fact when the president learnedded. if you learned last -- >> i'm saying he learned about it, he asked for -- directed those who work for him to find a solution. we expect a solution today. >> steve: the crazy thing about what he said, mr. carney right there, is he said when the president found out, he talked to his lawyers. according to nbc yesterday, there is a story that the president's own lawyer, the white house lawyers, along with the department of justice and the department of defense lawyers all got into a room and they said okay. with this thing that the house passed, the house republicans say we've got to pay death benefits. do we? and the lawyers did what lawyers

do and they said that they decided not to spend the payments to family members because the laws did not let them pay anyone other than the exact service member. if they've been killed in action, you can't pay that person. you have to pay the family. there are a number of republicans who feel like the administration is deliberately obstructing payments and perhaps just like other stuff that we've seen, they're trying to have people feel pain because of the shutdown. >> brian: karl rove weighed in on this. he knows how the white house works and knows what the president could or couldn't do. >> white house aides several days ago knew about this. we don't know if it's two days, five days. but we do know senior white house aides apparently knew about this. look, the west wing is a very small place. all of those people get together every morning at 7:30 for a senior staff meeting. the chief of staff, the deputy chief of staff, the domestic advisor, national security advisor, they're in and out of the oval office a lot during the

day. why didn't one of them say, mr. president, my instinct is this is a real problem. you need to know about it. apparently that didn't happen. the president was ill served by his people and the country was ill served by the people he put in office both at the defense department and at the omb. >> brian: the house went to move on this and they voted. >> steve: they moved! >> brian: democrats and republicans voted unanimously. where is it now in the senate? >> elisabeth: it's stopped. it's just sitting there. >> steve: it's on harry reid's desk. so they could have taken it up yesterday. this could have been fixed that way, or the president of the united states, the commander in chief, with one pen, just like this, could have signed an executive order, but no. >> elisabeth: karl rove indicates there may be some inadequacies in terms of people surrounding the president. we had a guest earlier on that said no, this is a mindful move by the government. >> i think they know where to turn the screws. they know where to turn the temperature up. i think it will backfire on them. i think we're seeing it backfire on them. but they want to turn this up so people go, we can't have this

government shut down anymore. we got to find a solution and the ite house is hoping it will be on their terms. >> steve: yeah. how long will the shutdown go on? the president is going to meet a little later on today with 18 house republicans. it's interesting, he did meet with the house democrats yesterday and apparently he told house democrats they need to be prepared to give and take. he reminded them, quote, we weren't going to win everything and apparently the president, according to the "wall street journal" today, had sympathy for the republican position. so it looks like there could actually be an end to the government shutdown. >> brian: the president's press conference earlier this week to have him have two conversations with john boehner yesterday via the telephone, to have republican leaders coming to the white house today to have conversations with democratic leaders and republican leaders face-to-face yesterday, you get the sense that the american people's disapproval is so

pervasive and so broad that it's forcing the lawmakers that represent them to get together. >> steve: what is his disapproval rating right now? >> brian: 53%. approval, 37%. >> steve: lowest ever. >> brian: bush had higher at this time. and now bush is up to around 50%. >> steve: looks like it backfired. >> elisabeth: could have. also the obamacare web site, which we would probable will he be talking about if this wasn't going on. it's getting worse. now they're asking users to change their passwords and saying the glitches could last up to six months. that's a problem because there is a fine. we need to sign up, apparently if you're going on there by the end of march. but in order for the paperwork it get through by march 31, you have to be on there by march 1. they have to have the information by march. which means you have to be logged on and signed up by february 14. >> brian: i have an idea. why don't we lift the individual

mandate and just allow -- >> elisabeth: i don't want to talk about that. >> brian: you don't want to talk about that? >> brian: wow. okay. that's fine. pretend you're a corporation. then it's lifted. >> steve: there does seem to be a double standard in washington regarding -- at least at one end of pennsylvania avenue regarding employers, big employers, they're not going to have to do it. we are. but the thing is, the white house says, one of the reasons it's crashing is because of the volume. no, it looks like they put together with duct tape and chicken wire this software system that does not work. cannot handle the load. the system is down at the moment. my wife tried yesterday. she got that message. john boehner in eight seconds, perfectly summarizes what's going on with the american people and the affordable care act. listen to this. >> what a train wreck. how can we tax people for not buying a product from a web site that doesn't work? >> brian: so far even democrats

are saying that they knew this over the summer and it still wasn't fixed. this is a software issue, volume issue, let alone what's going to happen when you can actually log on and be part of it. you don't even know how bad or good it is because you can't get on. >> elisabeth: i can't tell if it's better to log on and face what's coming or not able to log on. >> brian: that is why elisabeth has elected not to have a computer. you don't have a computer! >> steve: somebody that's been on the computer all morning long looking at the headlines is that woman, heather nauert. >> i like that idea. old school. no computer. got some headlines. the father of nsa leaker edward snowden arriving in moscow. he plans to see his son for the first time since he spilled state secrets and fled america for asylum in russia. >> my son is safe and secure and he's free. again, he spoke long ago in a 12-minute video.

>> he's not revealing when or where he's meeting with his son. his son faces espionage charges here in the united states. thousands of truckers about to put the brakes on washington, d.c they are ticked off at the president and they say they're being strangled with new federal regulation. as a result, they're planning to hold a big protest in our nation's capitol. earlier this morning, one of the truckers whose coordinating what they're calling the ride for the constitution joined us on "fox & friends." listen to this. >> we are sick and tired of the government, the president, the entire federal government. we will stay within the law. we will be safe. there is just going to be a whole lot of us there because we are disgusted. we've had enough. >> watch out for that traffic. these truckers say they plan to clog the beltway by driving three lanes deep for three days. a few hours from now, president obama will meet with at least 18 key republicans on day ten of the senate slimdown.

also today, house republicans will hold their own closed door meeting. there is talk they may put a short-term debt ceiling bill on the table in order to buy time before government defaults. that is set to take place one week from today. a short while ago, you were all talking about this poll. the new associated press polling coming out and it puts president obama's approval rating at an all-time low. it shows a record low of 37% approval with 53% disapproving of the job he's doing. what's really raising eyebrows here is the a.p.'s headline for the p.m it reads "poll, no heros in shutdown. gop gets most blame." we asked you to e-mail us and tweet us your thoughts on this. and you all have a look at what folks are saying. >> steve: we all do. thank you very much. >> brian: michael says this: the headline should have been, despite complete lack of leadership, obama surprisingly has an approval rating as high as 37%. >> elisabeth: another e-mail

from c.j. in california said, my headline would be, obama's poll numbers finally catch up with reality. >> steve: well, and finally, amy e-mails and says, 37% of americans still in the dark. i get a feeling they don't like what they're seeing. then again, we had to pass it before we could see what was in it. >> brian: we have to pass it to see. i will not be hostage. i will not work with a gun to my head. >> steve: stop with the rhetoric. >> brian: coming up, why won't the main stream media ask the president the tougher questions? congressman sean duffy has been getting tough questions. he was asked by msnbc that exact same thing. >> we should all be treated equally under the law? why shouldn't members of congress be in obamacare and not the president? isn't that fair? explain that one. >> steve: funny. >> brian: congressman duffy here in ten minutes. >> elisabeth: do you owe more money than your home is worth? new change in the rule book could make your life a whole lot

easier. bob massi is next. >> steve: he's my loan officer. ♪ could save you fifteen percent or more on car insurance. yep, everybody knows that. well, did you know the ancient pyramids were actually a mistake? uh-oh. geico. fifteen minutes could save you...well, you know.

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risk includes possible loss of principal. >> steve: do you owe more money on your house than it's worth? if you can't afford the payments, new change in the rule book could make your life a whole lot easier. of course, for stuff like this, we turn to fox news legal analyst, bob massi, who joinses from las vegas. that's why we have that neony animation. good morning to you. >> good morning, steve. >> steve: for folks to understand what this is about, first they have to understand what is a short sale. explain that for folks. >> yeah. we've covered it before. but it's basically you owe maybe

400,000, present value is g to get rid of the home, get out of the debt. you sell it to a third party investor or whatever at a bid. somebody comes up with the money and basically the lender says okay. we'll take the 200 for the 400 and you walk away without any deficiency. that's in essence a short sale. >> steve: so now here comes the new part. explain to us the new fha guidelines for short sale approval that became effective a couple of days ago on october 1. >> for our viewers to always understand, fha just insures the loan. many times people think they're the lender. they're not. basically what they're saying is this, they're saying look, if you're going to short sale your home, first of all, it must be in arm's length transaction, meaning that you can't sell to a friend. you can't sell to a family member. let me tell you why, steve. so you and i are buddies. i say, i'm under water. buy the house, buy the house from me and then you and i will work a deal. what does that do? that creates basically a

principle reduction for me. so from the perspective of fha who insures the loans, they say no, no, no, that's fraud. you perpetrated a fraud. that's not an arm's length transaction. so as a result, if somebody does that, then that's a -- violation of the law and legally actionable. so fha says look, if you want to short sale your home, homeowner, we don't have a problem with that, but you have to make sure you sell to a legitimate buyer for a legitimate price. i will tell you, that premise has been around forever. it just took fha this long to come out and say -- >> steve: is there a problem? >> here is the problem, here is what i don't understand: if, in fact, i'm selling it to you, my buddy steve, what do you care? they don't have any more responsibility, but their big concern is that you and i worked

a side deal. they don't like that. why they don't like that is because, again, bob massi is getting a principal reduction without the lender principlely reducing it. that's their problem with it. there is a whole thing out there saying this is all to do about nothing. you should let the homeowner get out from under it and move on and even if steve and bob work a deal, what's the difference? >> steve: sure. >> it's been around for a while. and the other thing is, you must be in default of your loan in order for -- what really bothers me about that, steve, again, it has a credit impact on me, the homeowner. >> steve: absolutely. >> i think at this point after the last 3 1/2 years, if i'm current on a loan and i can show that my salary has gone down. i've gone through divorce, i got a medical issue, why do i have to also get hit over the head and have a credit impact? that has always bothered me it this situation. >> steve: all right. bob massi joining us from las vegas. so let me get this straight. you're selling me las vegas

mansion for $18,000? thanks very much. we'll talk in the commercial. >> what's the over and under on that? >> steve: large. thank you very much. if you got questions for bob massi, nobody can answer them better than him. e-mail us. meanwhile, coming up, why won't the main stream media ask the president tough questions? congressman sean duffy asks andrea mitchell from msnbc that exact thing. >> we should all be treated equally under the law? why should members of congress be under obamacare and not the president? explain that one. isn't that fair? >> steve: seems fair. congressman duffy here live next talking to elisabeth. and the government has already added thousands of new regulations. but the latest one takes the cake. now people need a permit to panhandle. doesn't the government have better things to do? do you think they're really going to get a permit? hello? ♪

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>> brian: hollywood rip rocket roller coaster at universal studios in orran dough came to a sudden stop last night. a dozen riders stuck there 150 feet off the ground. turns out a computer glitch stopped the ride. no one hurt. hot air balloon in albuquerque, new mexico, hit a power line. caught fire. 40 feet in the air, it came crashing to the ground with the pilot and the crew inside. both men burned. elisabeth? >> elisabeth: thanks, brian. it's no secret liberal news outlets like msnbc has been carrying water for the president by refusing to ask tough questions about last week's

health care debauchle. when one gop congressman called them out t left one anchor, well, sort of speechless. >> that's how pathetic i think news reporting has become when we won't ask tough questions to the administration. >> we've asked questions the whole time. that's not fair. >> why do you want your own health care and you won't join us on obamacare? i haven't seen anybody ask on msnbc. please ask it because they don't have a good answer for it. they have their all gold plated health care plan -- >> you. >> i'm not, i'm in obamacare. all members of congress are and my family. the president should join us in obamacare. and the rest of america. that pretty reasonable? we should all be treated equally under the law? why should members of congress be on obamacare and not the president? explain that one. isn't that fair? >> elisabeth: crickets. congressman duffy is my guest this morning. it takes a lumber jack to bring the wood. >> good morning. >> elisabeth: good morning. where is the debate when it comes to obamacare and why is

the liberal media standing in the way of that? >> i don't think it's been fair. main stream media hasn't been willing to actually report the last offer that we've made to the administration. before the government shut down, all we asked the president to do was one fully fund the government, number two, have the president, jay carney and the whole administration go into obamacare like members of congress and the rest of america. but the last thing we asked for is to treat the american families the same way as big businesses in regard to taxes and penalties and obamacare. when you push back on the liberal media, saying, isn't that reasonable, they don't is an answer for it. i don't know if you know jon stewart at comedy central was the first one to ask not even a tough question, a question to the administration about why they won't join us in some reasonable proposals and kathleen sebelius, the secretary of health and human services, couldn't answer their question. they're just not used to getting asked any tough questions in

regard to this current debate on the shutdown. >> elisabeth: on tuesday there was an hour long conference where the president spoke and answered questions, but none from tv reporters and no questions were asked about obamacare. what are your thoughts on that? >> i think the president is taking softball questions. you look at the huffington post, asking easy questions to the president. he doesn't want to be asked the hard questions like why won't you join obamacare? why isn't your wife at the computer signing up like other families and other americans trying to get onto the web site? because they don't have a good answer for that. so they want to skirt around the tough questions and the reasonable proposals from our side of the aisle and get easy questions that tee them up to sell their story. but i don't think that can last very long. you're starting to see the liberal media crack and tell some of these stories. wolf blitzer was out saying, maybe the republicans were right. maybe there should have been a one-year delay after we've seen how poorly obamacare has been rolled out. it might have been pretty wise

on behalf of the administration to take a one-year delay and get all the kinks worked out. >> elisabeth: we've been told we're asking the wrong questions when someone asks a question. yesterday jay carney didn't want to answer the question when it came to the death penalty and payments to those that have fallen in the line of service. how do we get answers then, congressman? >> it's challenging. i think bringing out the question is important, but right there, that was a great example of the administration playing politics with the shutdown and causing some pain on the families of our fallen heros. that's not new for this administration. you've seen they've walled off, gated off the world war ii museum that's an open air museum, making sure our world war ii vets, probably their last time coming to washington, d.c., they can't visit the memorial erected on their behalf just to cause political pain. remember when sequester came into effect? remember he shut -- the

president shut down the white house so kids who had gone through bake sales, raising money to go see the people's house, these young kids in america couldn't see it because the president wanted to make a political point. i think that's what's so sad about petty politics and trying to inflict pain on americans that should be left out of this debate and can be left out of the debate. the president is trying to use them as pawns to make points. >> elisabeth: congressman duffy, i call you tough duffy by the way. we thank you for being with us and keeping the dialogues fair. have a great day. >> you, too. >> elisabeth: up next, fox business alert. brand-new jobless numbers about to be released. what are they? an instant analysis next. then do these folks really need to be on welfare? >> i have a tv. >> yeah, i have a television. >> yeah. >> do you have television? >> yes. >> cable channels? >> john stossel checking into that and exposing the ugly side

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>> brian: fox bus alert. weekly jobless numbers have just been released. lauren simonetti has been handed them on the floor of the new york stock exchange. she's about to share. >> it was not a good report, guys. we're in day ten of this government shutdown and we just received word that the number of

americans filing for jobless claims spiked to 374,000 last week. that was an increase of 66,000. remember last week's number, really good. 308,000. so we jumped pretty dramatically in this past week. it's state data, so we can get it even though the government is shut down. >> brian: it's crazy! what would cause that? i don't remember a projection being off by this much. if you're furloughed, you shouldn't be listed as jobless, should you? >> the prediction was off by a lot. we were looking at 310, 311,000. so such a small increase and we got this huge increase. the markets responding pretty favorably to this. futures are still up pretty sharply here in the u.s. we're going to have a much higher open. i guess everyone is look for and bracing for a kumbaya moment in d.c we're on day ten of this government shutdown and the markets down 325 points since october 1.

we have come down a lot. i guess people are look to buy a little bit today. a lot of the names that have gotten hit hard, like netflix, facebook, among others, they're all up sharply today in the free market. >> steve: that's good. and do the folks down there on wall street think that part of the selloff has been clearly becauso off that -- it's not called a fiscal cliff, but we might default? >> oh, absolutely. when october 17th comes, and i think we're going to get really close. so dot folks down here, we're going to get really close to the 11th hour looking and hoping for a deal on the debt ceiling. the white house has already told us it could be catastrophic if we default on our debt if nothing is done. things are going to get really, really ugly. the height of the market was actually less than a month ago, september 18th. the dow is down 6% since the height of the market which we just -- so we are expecting a lot of movement on wall street. there is a volatility index. we like to look at it. when it goes above 20, we know

something is wrong. it's at 19.6 right now. yesterday it hit 21. >> elisabeth: thanks for keeping an eye on all that and a fear factor known as the vix. >> brian: do not inhale. >> elisabeth: now we'll head over to heather nauert for some headlines. >> we are right now getting our first glimpse at the detective who has been accused of assault in that road rage case here in new york. but not a very good one. take a look at him right here. the guy in the hoody right there, that's the 32-year-old. he covered his entire face as he walked out of court. he's now been charged with gang assault and criminal mischief. he's currently out on $150,000 bond. >> the allegation is they allege that he struck the rear portion, hatch back window, which has a gaping hole already in it. it's already destroyed.

under the law, it's a fatal flaw. you can't break what's already broken. >> okay. that's the argument there. good luck with that one. another new development, a 7th suspect in the case, 31-year-old james kune turned himself in to police. they're little looking for others. how is this for diagnosing alzheimer's? sniffing peanut butter. researchers at the university of florida found out that people in the early stages of the disease could not smell a spoon full of peanut butter with their left nostril. that's apparently specific to alzheimer's. so we'll keep following this one for you. if you want to beg for money in new jersey, you might need a permit. there is a new law that's been passed in middle township and it will require people begging to get permits. the town says panhandling is just getting too aggressive. so they will also be limiting where it's allowed, where people are allowed to do it within a particular town. anyone caught violating the law faces jail time and $1,000 fine.

those are your headlines. >> steve: they won't be able to pay the fine and they clearly don't have the money for the permit. >> i think they maybe didn't think this one through too well. >> steve: or else they're just trying to find a way to jail people, or the threat of jail, to run them out of town. >> brian: talk about town, in new jersey, princeton, they made a decision, grassroots sports are concern for many where places and sports where they don't wear equipment, like field hockey, soccer doesn't wear headgear, and women's lacrosse, they don't wear helmets. in princeton, new jersey, they are. they say it's mandatory up to a certain grade. what's the deal? do you think they're going too far and worrying about head injuries. >> elisabeth: i think everyone wants the kids to be safe. certainly some of the sports have been more popular when it comes to concussions. although this helmet that they're asking them to wear doesn't necessarily prevent concussions. but we asked you what you thought. you wrote us. john on facebook says, all of these new sports and school policies are really getting out of hand.

i'm glad i grew up when i did. i was allowed to be a kid. >> steve: all right. meanwhile, there is john's message right there. let's move on to the next one. sandy says, my granddaughter has had three concussions playing soccer. bring on the helmets. my daughter, mary, got a broken nose because they don't wear helmets in lacrosse at the high school level. they just wear the goggles. the boys have the full helmets. >> brian: some of the kids in our league, wear this unequal thing, it looks like they're trying to keep their head back, but it's kevlar to absorb some of the blows when you hit heads. sapphire says this: that's not soccer. how do you teach head shots? let them play by the rules or don't offer it. with little kids, they make you practice with light balls. those rubber balls. >> elisabeth: at the game they get the real ball. >> brian: they're not supposed to. they don't want you to teach heading until you're 11. >> steve: keep the e-mail

coming. let's go outside and on the streets of new york city, i see people outside our window with umbrellas. some without them. and there is one with it. >> that's right. we do have some rain coming down across parts of new york city. not just here in the city, but even in areas farther to the south. parts of new jersey, parts of maryland. in the city of dc, we've been having that rain coming down and it's going to be coming down for several days out here because we have a very slow moving low pressure system. the issue will be with the storm, not just the rain, but also the wind. they'll be gusting over 15, 20 miles per hour at times. coastal flooding is a concern. so there are a number of advisories out and a number of watches as well. talking up to four inches of rain, possibly higher amounts in some areas. keep annoy out for flooding. let's head back inside. >> steve: thank you very much. >> elisabeth: next up, do these folks really need welfare? >> cable tv? >> yeah. >> how many channels? >> 101. >> how many?

>> 101. >> play games on it mostly. >> game player, video player? >> video games. >> have a cell phone? >> yeah, of course i do. >> elisabeth: john stossel asking that question and exposing the ugly side of entitlements. >> steve: did you see what happened when jack hannah brought a snake into our old studio? that was great, brian. >> brian: he scares me. >> elisabeth: i don't know if i can do this. >> steve: brian dropped the snake. what's going to happen this time? jack hannah here live next. >> elisabeth: i got to go. before they sat down, one more time, just for themselves. ♪ smile. before katie, debbie, kevin and brad... there was a connection that started it all and made the future the wonderful thing it turned out to be... at bank of america, we know we're not the center of your life, but we'll do our best to help you connect to what is.

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>> look what's trending this morning. >> brian: going, going, gone. demolition crews bringing down the brim that connected kansas and missouri for more than 70 years.

now no one can exchange from state to state. they'll blow up the piers tomorrow. new video, see a train crashing into a truck. happened in texas. the train conductor laying on the horn to warn the truck driver, but the driver could not move quick enough. he escaped just in time and police released this video of a guy breaking into a meat market through the air conditioning vent. he took $2,000 in cash, then squeezed his way back out. >> steve: he should have gone for the tee ball. thank you. >> elisabeth: thanks, brian. the purpose of government assistance is to help people who are down on their luck so that they can get back on their feet. >> steve: that's right. but as the number of people collecting welfare and disability checks continues to grow as we've been talking this week, it seems so does america's culture of dependency. john stossel talked to one welfare recipient who seemed to think the government had all the

answers. >> give us more jobs and more opportunities. >> government should just create a job? >> create jobs, yeah. create more jobs. >> more food stamps and welfare? >> steve: a lot more everything. >> elisabeth: is welfare creating more victims? joining us is the host of stossel, john stossel himself. is the system not doing what it's intend to do do? >> i think government was there to keep us safe and welfare was a new idea. it used to be done by private charities which did it better because they knew who needed help and who needed a kick in the rear. but now we have these programs. but you can see it with the war on poverty, how it created dependency. look at this, they can proudly say, lyndon johnson, poverty goes down for the next six years. look at before it started. americans were lifting themselves out of poverty. welfare continued that and then progress stops, has gone up and down since. we taught people to be dependent. >> steve: and wouldn't you say

that given the fact -- when you looked at the last presidential election, there were a number of people on the right who said, look, everybody is going to vote for barak obama because he's giving away so much free stuff. >> maybe. and we all get free stuff. i'm getting medicare now. it feels like free stuff. >> steve: way to go. you earned it, though. >> we went to one job office where we found all kinds of entry level jobs outside. inside they said no jobs around. one of the welfare workers actually admitted that yeah, we probably encourage people not to look for work. >> you think you and human resources encourage people to be dependent? >> yes, we do. >> what should be done about that? >> i don't really know. i don't really know. i guess stop giving away the money and then they'll get a job. >> and you work for the government. >> that's right. >> that's refreshing. >> elisabeth: in 35 states, the

minimum wage there is less than what you can make being on welfare. so the motivation to go get a job is almost nonexistents in 35 states. >> often. and disability ranks going up. better medicine, less manual labor, and more americans are disabled. it used to be a stigma to take a handout. and now you start to feel like you're a sucker if you don't 'cause your neighbor is getting it. >> steve: my wife and i were talking about this. once upon a time, there was some shame to it. occasionally on some occasions, families would fall into the stage where they would have to get some sort of government assistance. now it's exactly what you're talking about. hey, it's out there. let's take it. >> i joined the chorus that said it's not right. these people who through no fault of their own need help and we're shaming them? it's terrible. but it's grown from that to this entitlement. >> steve: people who need it, should get it, but it's the other people that we've got to worry about. this is what you'll be talk being tonight on your show, right? >> that's right.

>> steve: 9:00 o'clock eastern on the "fox business" network. thank you, sir. >> elisabeth: thanks. up next. about to get wild in here. so jack hannah joins us live with his new furry friends. but first we'll check in with hemmer with what's coming up. >> how are you guys? kilmeade will put on his gym shoes for that segment. something will scare him. >> steve: you watch! matter of time. >> good morning to both of you. a national embarrassment that many argue should never have happened. benefits.his story about these republicans will get the conversation that john boehner has been begging for with the president. that happens today. we'll tell you about that. one weekend to the obamacare, we'll get a checkup on that. it ain't good. martha and i will see you at the top of the hour on "america's newsroom".

>> brian: some of nature's wildest animals and today you're in for a special treat because they are live in our studio as is that man, jack hannah! he works at the columbus zoo. welcome back. >> good to be here. >> steve: congratulations, 35 years. >> don't let him near anything. he let a cobra loose one time. video. speak of things that would possibly get loose, this is the sloth. >> one of the world's slowest moving mammals. >> steve: it looks like an eva gabor wig. >> it dates back to the dinosaur era, it really does. a lot of the sloths is one of the hardest animals to film in the wild because this animal turns green. it rains a lot in the amazon. algae grows on his back. they sleep in the daytime and go into a big ball like this.

>> brian: if we see a sloth in everyday life, what do we do? hug them? >> they're not hugging animals. >> steve: look at the toes. they'll hug right through you. >> exactly. everything is done upside down. they're born upside down, they breed and eat upside down. can you imagine doing everything upside down? >> steve: no. >> brian: whose idea was that? >> god's. >> steve: nature. >> these animals also, again, eat bark and leaves and can swim very well (what else do we have, jack? >> a baby bear cat. >> steve: a baby bear cat. do they bite? >> no. they can get to be 75 to 150 pounds. >> steve: his little heart is beating. >> they're 75 to 150 pounds, live in malaysia, it's called a bearcat. have you ever felt a bear? >> elisabeth: no. >> stupid question. >> brian: i have. i think i have.

>> this is a bearcat. he looks like a bear. put him against you like this, like a baby. >> elisabeth: okay. >> the bearcat gets to be quite large. >> elisabeth: the cheetah seemed really cute. >> steve: do all the animals get along? >> oh, yeah. >> brian: now you have to grab one of those. >> this animal here is the world's fastest land mammal, the cheetah. we do a great job of breeding the cheetah. the conservation program in africa, we do a lot of work with them and provide money to cheetahs in africa. this animal is clocked at 70 miles per hour. she usually has four cubs, almost all the time on the first birth, she will destroy the first birth. >> brian: why? >> yes we don't know. that's nature. >> brian: should you stop it? >> no. the animals when they're born at the zoo, we time it and try to take the babies after they're

born or right then when they're having the baby. >> brian: can i grab him? >> yeah. it's hard to pick him up, though. >> elisabeth: they're fast. watch out. >> brian: look at the eyes. show the eyes. >> show them to susie. this animal hunts in the heat of the day. they're not powerful. the eyes have dark marks. you know how a baseball player puts chalk on their eyes? this allows them sunlight. >> brian: i want to see the african penguin. >> this is not noah's ark. >> brian: it looks like it too soft. !

>> brian: you can put him on the floor if you want to. >> the penguin is an animal. >> steve: where is he going? >> elisabeth: he bites, right? >> gets a little snappy.

>> steve: his name is trout! >> brian: do you know you have what's behind you? >> oh, yeah. >> steve: we're going to take a look at more of the animals in the after the show show. jack, thank you very much. congratulations on your 35th year. >> thank you very much. bill: more questions about when the president knew about denied death benefits to military families making the shutdown hurt more than it needs to be. welcome to america's newsroom. march report issue for now has been solved. the pentagon confirmed a charity organization stepped in and offered the money that was needed for the families of these five soldiers and marines, brave ones to a perso