and still is. bill: i was going to bring in picture of high school prom but it is on microfilm. that didn't work. martha: dig them out for another day. bye, everybody have a great day. jenna: right now, brand new stories and breaking news. jon: there is new word from capitol hill of a short-term deal to raise the debt ceiling after new polls show how americans feel about lawmakers from both parties. a brand new development as prosecutors say an under cover police officer terrorized an suv driver and his family. the officer's attorney now firing back. and could it be, the real cure for a hangover might already be in your fridge? we'll tell you about it. "happening now." a fox news alert. awaiting what could be a game-changing news conference on capitol hill. reports of a potential new offer to avert what some say would be

financial catastrophe. the dow seems to like this word out of washington, d.c. right now it is up 195 points or so, approaching the 15,000 figure. not back up to where we were in mid september yet but things are looking better this morning at least. welcome to "happening now." i'm jon scott. >> hi, everybody, i'm jenna lee. that's right, there is a potential possible short-term deal. jon: potential possible. jenna: we'll take it. that is the big thing. it could be the breakthrough both sides have been waiting for. today we're seeing signs of movement on the debt ceiling and maybe, maybe the government shutdown. there's talk on capitol hill that house republicans could introduce a resolution raising the debt ceiling for several weeks but there is nothing formal on the table quite yet. right now house republican leaders are about to make a statement. that is why you see the shot on your screen. we're expecting there could be word about this deal, maybesome more details. we'll go there soon as we see speaker boehner. minority leader nancy pelosi

leads a rally meantime blaming the shutdown on republicans. we'll bring it there. you can see it on your screen. kind of a cloudy, rainy day in d.c. hopefully this brings brightness when it comes to a potential deal as they say. later today the president and vice president will meet at the white house with the democratic caucus following by a meeting with the house republican leadership. the debt clock keeps ticking higher. treasury secretary jack lew on capitol hill earlier today telling the senate finance committee that the u.s. will hit the debt ceiling next week, warning failure to extend the nation's ability to borrow money and pay its bills could deeply damage financial markets and deal a crippling blow to an ongoing economic recovery. >> unfortunately today we face a manufactured political crisis that is begin deliver an unnecessary blow to our economy right at a time when the united states economy, the american people, have pain steakly fought back from the worst recession since the great depression.

jenna: we'll bring you back to capitol hill when we see speaker boehner. meantime to the white house and wendell goler. wendell, does it look like maybe somewhere far in the distance there is light at the end of the tunnel? >> reporter: it's a candle at best, jenna. it is unclear whether it is at the end of the tunnel or only part of the way there. as you said house republicans considering whether to vote on a bill that would allow the government to pay its debts through about november 22nd which the president hasn't indicated he will sign if it is clean. that is if there are no restrictions on obamacare. that would buy time to negotiate a spending bill that would allow government workers to go back to their jobs. the government shutdown has forced some embarrassing restrictions like finding private money to pay the death benefits of fallen servicemen and women but officials say a government default would be economically very costly. >> we are the economic power that we are in no small measure because the world looks to us as

the beacon of stability in the global economy. that is a very valuable, priceless even, stature that we hold and to risk it and threaten it, because you don't like a law that provides access to health insurance is unconscionable. >> reporter: the president meets with senate democrats a couple of hours from now and with house republicans later this afternoon, jenna. jenna: meantime, wendell, the world keeps turning. there is still economic news today that came out that seems to be affecting both sides. what is it? >> reporter: applications for jobless benefits rose which is what one of the president's economic advisors say the sign the government shutdown is already hurting the economy, though a technical glitch in california kind of caused them to not report jobless benefit applications for a couple of weeks and they all got dumped into this latest figure. some analysts think that the figure simply reflects a weak

economic recovery which of course republicans blame on president obama's policies. >> well it is just tells you that this brinkmanship isn't working. that how deep in debt we are isn't working. this very weak recovery, actually the weakest in modern history isn't working. so for the president to say, i'm going to stay where we're at, i refuse to negotiate, refuse to change course, i think it makes him extreme. >> reporter: kevin brady is deputy whip and senior member of the house ways and means committee. jenna. jenna: with your permission i will borrow your saying, instead of a light at end of the tunnel, a small candle burning. that is where we go forward. wendell, thank you. jon: a small candle in a coal mine, maybe. just in, new white house reaction to reports of a potential proposal of house republicans on the debt limit. from the white house this statement. the president has made clear he will not pay a ransom for

congress doing its job and paying our bills. it is better for economic certainty for congress to take the threat of default off the table as long as possible, why we, namely the white house, support the senate democrat efforts to raise the debt limit for a year with no extraneous political strings attached. congress needs to pass a clean debt limit increase and a funding bill to reopen the government. there is more to that statement but that's the gist of it. a lot of fast-breaking developments on capitol hill. the dow, as i mentioned earlier, is reacting, up nearly 200 points right now. just brushing up against the 15,000 number. on word of a possible deal that would avert default. let's talk about it with nina easton, senior editor, washington columnist for "fortune" magazine and a fox news contributor. so all of a sudden there is this, as wendell described it, small candle somewhere in the tunnel. what got the two sides to this point? >> well, jon, i have to say i

think fear got them to this point. i think there's a recognition that defaulting next week would be, could create serious economic chaos and i think that's the good thing that the focus now is on the debt ceiling and raising the debt ceiling. i liken it, i like to say a government shutdown is like a fender-bender defaulting on the debt would be like a 100 car fatal pileup on a highway. it is dangerous and john boehner is recognizing this, the house speaker. uppermost in his mind is what happened in the fall of 2008 when the house initially rejected that tarp bill, do you remember that? the market dropped by 700 points. they kind of know they're playing with fire. so they're going for this, at least a short-term extension on the debt ceiling. >> i wanted to read a little bit more from this white house statement that came out, this, from unidentified white house official. he goes on or he perhaps, she goes on to say, while we are

willing to look at any proposal congress puts forward to end these manufactured crises, we will not allow a faction of the republicans in the house to hold the economy hostage to its extraneous and extreme political demands. i mean, you know, if you're going to talk about negotiating and talk about ending this thing, it seems like tempering the language might, well, this might be the time to do that. there are still talking pretty tough there at the white house. >> the president a couple days ago when you listen to the press conference, he said multiple times, i'm happy to talk. i will talk. i'll talk for hours. but there wasn't much, he wasn't saying i'm going to compromise. so i think there, while there is some hope, i think it is being held out that he could compromise a little bit on entitlement reform, elements he already agreed to. paul ryan, put out great ideas we can talk about, that the white house already agreed to, but, at this point they don't

give any sign that they're going to give on any of these issues. jon: moody's put out a report that was picked up by "the washington post" that had this line in it which, a lot of people were paying attention to. it said, there is no direct connection between the debt limit, which was reached last may, and a default on 17 october, however, the government is expected to have less revenue and cash on hand than committed expenses so some bills may not be paid. if that occurs the government will have to prioritize among its expenditures. imagine that. having to actually decide with what you're going to pay and what you're not going to pay. some people thought that is part of the reason the market is rallying this morning because moody's doesn't seem to think that even if you hit october 17th, it will be that big of a deal. >> the way this works, that is sort of right. there are receipts coming in from taxes that can be used to pay interest on the debt for example and hold back on a things like social security checks.

everybody agrees that is a bad idea. the white house actually said that is not something we have on the table. that is not something we want to consider. we want to raise the entire debt limit. again, goes back to the bottom line on this, the potential of default is something that, you doesn't want to play with. economists across the board have said, the markets, we don't know how markets will react. this never happened in our history. jon: markets hate uncertainty. >> the uncertainty and we haves you just heard on your own show the fragility of this economy can not be underestimated. already jobless claims are up today. jon: nina easton from "fortune" magazine, thank you. >> thank you. jenna: meantime we're also getting word now that the shutdown is becomeing a real source of tension among democrats as well. this is after a local politician, d.c. delegate eleanor holmes norton, raised eyebrows yesterday at meeting at white house when she reportedly called out president obama and criticized him for failing to put an end to the standoff.

molly henneberg live in d.c. with more on the story. >> reporter: hi, jenna. here is what is comes down to congress controls the money for the city of washington d.c. locally elected leaders in this very blue democratic city are pressing president obama and senate democrats to loosen those purse strings during the shutdown. specifically, they want the president to withdraw his veto threat of a house bill that would allah d.c. to use its tax money as generated by people who live in d.c. to fund city operations, even while the federal government is shut down. and that is what prompted non-voting delegate, eleanor holmes norton to take on the president yesterday, interrupting him a few times we're told to make her case. holmes tells fox, the president's point of view i had to take issue with. the city is running out of its contingency funds. d.c. mayor, democrat vincent gray, also took up the cause yesterday on the steps of the capitol with senate democratic

leader harry reid. gray pushed reid to spend d.c. its own tax money, which is not tax mon which reid had quick, pointed response. here it is. >> to be able to spend our own money. >> i'm on your side of. don't screw it up. i'm on your side. >> afterwards gray explained the city soon won't be able to pay its bills. we had a sound bite from mayor gray. we're concerned with making medicaid payments to health care providers and our charter schools. that we don't have a payment to make. that is what mayor gray said. approximately 32,000 washington, d.c. city employees have remained on the job and have gotten paid. they're getting paid out of the city's dwindling contingency fund. jenna. jenna: interesting story for us to follow today, molly, thank you.

jon: there is new information on that violent new york city road rage incident. coming up the undercover cop charged in the case makes his first appearance in court. wait until you hear what his defense is. plus, the farm it came from is linked to a salmonella outbreak. so why is this brand of chicken still on the shelves? an answer that might shock you, coming up. [ male announcer ] progresso's so passionate about its new

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jenna: fox news alert. back to washington, d.c. where we are awaiting speaker boehner. a lot of reports about a potential deal that speaker boehner may be proposing to the house which would increase the debt ceiling for maybe six weeks to get that off the table, the threat of a default off the table. but maybe not include some sort of a resolution for solving the

shutdown. we're of course waiting the details from speaker boehner. we'll bring you to capitol hill when that happens. meantime we're getting word from the white house and our great white house team weed henry and everybody else doing some reporting the white house seems to be coming out saying not necessarily a fan of this proposal but not necessarily closing the door to it completely as well. we'll see. speaker boehner is also expected to meet with the president at the white house later today. this could be the start of a new conversation. we'll bring you back to capitol hill when it begins. jon: right now some of the other headlines we're keeping an eye on. rescuers save a driver whose car got stuck in a mud slide after dirt and debris covered a major freeway in southern california. a huge fire breaking out in los angeles. more than 120 firefighters battling the flames. no injuries reported thankfully. the u.s. department of agriculture is threatening to shut down foster farms, the company believed to be at the center of a large salmonella

outbreak. the company has not recalled its processed chicken even though investigators believe the poultry sick kenned hundreds of people across the country. jenna: right now we're getting our first look at the new york city detective accused in a violent road rage incident that ended with the brutal beating of an suv driver. you know this video. i'm sure you've seen it before on our air. the 32-year-old suspect stepping out in public for the first time yesterday after being charged with gang assault and criminal mischief at the end of what you're seeing on your screen there. patti ann browne is live in the new york city newsroom with more on this. patti ann. >> reporter: not much of a look since the judge allowed him to conceal his face. six bikers so far have been charged in the assault on a man driving an suv in manhattan. one of them is a cop. nypd detective, wojceich braszczok. the 32-year-old queens resident was charged with gang assault and released on bail. he says videos of the incident prove braszczok never touched the victim.

>> our client at no point is anywhere near mr. lien. the allegation is they allege that he struck the rear portion, hatchback window, which has a gaping hole already in it.ady d. so you, under the law, it is a fatal flaw. you can't break what is already broken. >> reporter: it has also been argued braszczok was an undercover cop to play along so not to blow cover. law enforcement sources claim that claim is bogus because braszczok was not under cover in this situation. it happened september 29th. a large group of bikers on manhattan's westside highway surrounded an suv driven by 33-year-old alexian lien. his wife and two-year-old daughter were in the car. one biker, christopher cruz, cuts in front of lien who accidentally hits him. cruz was not badly hurt. bikers infuriated by the accident, stopped their bikes

and some stormed toward the suv the suv driver in fear for his life and that of his family, stepped on the gas, running over a biker jeremiah mieses. he is now paralyzed. they chased lien. when they caught him, lien was dragged out of his suv and brutally beaten. a total of six bikers have been charged so far in the case. in addition to detective braszczok charges were filed yesterday against 31-year-old james kuhn. this investigation is far from over. jenna? jenna: so many questions about the story, patti ann, thank you. did the undercover officer which patti ann reported to us which wasn't undercover at the time, have a legal duty to identify himself and stop the assault. we'll talk more about that with our legal panel next hour. jon: some politicians facing re-election and those with hopes for higher office are playing the shutdown card. some seem to be running from the issue. others embracing it. the effects of the government

shutdown could have on our next class of lawmakers, coming up. and could living near an airport be hard on your heart? new health concerns about the long-term effects of too much noise. the day we rescued riley was a truly amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com

jenna: fox news alert. want to take you straight to capitol hill where we're expecting a statement from speaker boehner and the republicans in the house on whether or not maybe they have some sort of proposal here for the debt ceiling, for the shutdown, for one of these issues that is really paralyzed washington, d.c. as they, sort of try to get their act together. we'll see who actually steps to the podium here and whether or not we get details of this. what we heard so far from the white house is reports of these deals come out.

let's listen to the details. >> good morning, everyone. 10 days into the government shutdown and just today the president has invited house republicans to have a discussion about the way forward. we're hopeful, we're hopeful this is the beginning of a meaningful dialogue with the president about the important issues that face this country. we're hopeful that these will be good faith negotiations over the long-term debt drivers, or the drivers of our debt, over our the security we need for this country as well as the pressing need to open up this government again. that's why we're going to offer legislation that will, that will offer a temporary increase in the debt ceiling to allow us some time to continue this, this conversation because it is time for solutions. the democrats unwillingness to have this conversation has actually resulted in a delay and

a, ongoing government shutdown. and it is hurting the american people. it has gone on too long. we hope that the president will choose negotiation over crisis. leadership over inaction, and dialogue over silence. it is time to solve our problems. >> you know the president is fond of saying that no one gets everything they want in a negotiation. and frankly i agree with that. nobody gets everything they want but over the course of the last 10 days we've been trying to have conversations with our democrat colleagues. they don't want to talk. the president doesn't want to talk. we tried to offer bills that would reopen parts of the government, only to have them rejected by our counterparts over in the united states senate. so what we want to do is to offer the president today the ability to move, a temporary increase in the debt ceiling in agreement to go to conference on

the budget, for his willingness to set down and discuss with us a way forward, to reopen the government and to start to deal with america's pressing problems. listen, it's time for leadership. it's time for these negotiations and this conversation to begin. and i would hope that the president will look at this as an opportunity and a good-faith effort on our part to move halfway, half waive to what he has demanded in order to have these conversations begin. >> the american people expect both sides to sit down and work out their differences when you're operating in divided government. so i'm pleased we had an invitation from the white house to actually begin to do that and, you know, we have seen now for 10 days a government shutdown. it is not what we asked for. it is what was the result of the two parties not being able to sit down and talk and there is

very little time left. we can not waste anymore time and what we have discussed as a conference is a temporary extension of the debt ceiling, in exchange for a real commitment by this president and the senate majority leader to sit down and talk about the pressing problems that are facing all the american people. and that includes a broad array of issues and we look forward to that happening and, if you look throughout history, presidents who have governed in a divided government have all sat down and talked with the other side. it is about time this is happening. >> i'm very hopeful for today. this is something that republicans have been waiting quite some time for. we never wanted a shutdown. that is why our very last bill said, let's go to conference. that door has always been open and we're thankful the president is willing to talk today.

we're coming there with an idea of working together. we're coming there to find common ground. to find common ground that will deal with these economic drivers that harm the economy. the drivers that continue to add debt. so when we make an today for a temporary extension, we're looking for a structure that puts us on a path to get a budget, to take care of the debt, and move this economy in a stronger position and have all america win. a little common sense for the rest of the country. >> i'll take a couple of questions. >> now that you're undertaking this plan on the debt ceiling what do you need in order to reopen the full government? >> that's a conversation we'll have with the president today and i don't want to put anything on the table, i don't want to take anything off the table. that is why we want to have this conversation. >> mr. speaker, what is the agreement that will prevent us from -- [inaudible] >> clearly, you could end up back in the same place and we

don't want to be there. you know, listen, i think the president wants to deal with america's pressing problems just as much as we do but in order to deal with these pressing problems we've got to sit down and have a conversation that leads to a negotiation that begins to solve these problems for the future and for, frankly our kids and our grandkids. >> last question. >> mr. speaker, will you reopen the government if president doesn't agree to do anything about -- >> if and and butts were candy and nuts, every day would be christmas. jenna: well, a little humor of that, do you think that fits where the temperature stand. jon: let it be said the washington press corps doesn't have a sense of humor. got a good laugh out of the speaker there. jenna: we got what we expected which is proposal from the house republicans to extend the debt ceiling at least for six weeks.

to get that what some are describing what could be a crisis of a default in our country off the table and then to reapproach the issue about the government shutdown with the president and with the democrats starting later today. now the white house already came out with a statement and said that this is really the senate democrats idea, to extend the debt ceiling in a clean bill but it is the timeline that is really the difference. the senate democrats want to extend for a year. republicans for six weeks. the question may arise, does that mean we'll get into the same situation again potentially. that could be a potential but this is some new information just breaking. we'll see what happens from this point on. jon: the white house still talking pretty tough about all of this. ed henry points that out. he will be, we'll be sharing some of his thoughts on the white house response to this proposal. jenna: even though they say they're not talking a lot of folks seem to be coming to the microphone. jon: they will be having that meeting today. jenna: when we come back, brand

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debt ceiling in washington d.c. we're also seeing some new polls on how we all view congress since the stalemate. approval numbers are nearing rock bottom. a new associated press/gfk poll taken after the shutdown began shows just 5% think congress is doing a good job. some candidates running for congress and for governor this year are trying to distance themselves from the mess, instead promoting compromise and bipartisanship. republican governor chris christie is running ads like this for his re-election campaign. >> i say what i believe, but everything we've done has been a bipart an accomplish -- bipartisan accomplishment. as long as you stick to your principles, compromise isn't a dirty word. jenna: cory booker helping to fill the seat for late senator frank lautenberg, he's slamming republicans in his ads like this. >> yeah, i have -- >> he privatized social security, shut down government. >> new jersey, we're better than

that. as senator, i'll take on the tough problems like raising the minimum wage, taking on the gun lobby and come can batting child poverty. let's come together and get things done. jenna: but some candidates are embracing the hard line approach. there's been speculation republican senator marco rubio may run for the white house in 2016, and he's been standing by senator ted cruz in the campaign to change obamacare, even if it means the shutdown continues. "the new york times" saying this today, quote: eager to regain for president,ervatives as he mr. rubio has fully embraced mr. cruz's effort to blom financing for the new health care law, standing with him through news conferences and procedural maneuvers that led to the shutdown. joining us now is larry sabato, the director of the center for politics at the university of virginia. great to see you. >> hello, jenna. jenna: all days, larry. let me just start at the beginning 5% approval. first of all, who gets the 5% approval, and have you ever seen

anything like that before? >> that's the lowest number i've ever seen, but you've got to remember congress which is 535 members, and they have big families and staff. so there's your 5%. [laughter] but look, to balance immaterial, now, let's give them a little good news. gallup just found them at 11% popularity. that's more than double what the ap had. [laughter] but, obviously, it's very, very low, and members of congress know it. they don't want to be this unpopular. they want to reach a solution, and, you know, we just heard a press conference that for the first time gives us a little bit of optimism. i hope we're not chilled with the cold reality of dispute soon, but let's hope that it's going to happen. jenna: it's interesting from speaker boehner, apparently, the shutdown is continuing regardless of the proposal about the debt ceiling. we'll see, but that's the big question for this questioningment as well -- segment as well, larry. when you see candidates running for office, they can't afford to be unpopular, and we're seeing a

lot of different strategies, running towards the shutdown and away from the shutdown. what do you make of these strategies, some of them happening within one party? >> when you look at it, jenna, it really breaks down to members of congress who are, want to run for president or are running for re-election. they have to live with the reality that exists in washington right now which is verity vice i. but for those like chris christie who may run for president outside of washington, this is a gimme. they can all sing "kumbaya." they can all say elect me, and i'll bring everybody together because i do it every day in my state, running my state. this is a godsend for governors who may choose to run for the presidency in 2016. jenna: and chris christie being in new jersey, marco rubio being in florida, does geography matter? are we seeing a difference in how states are reacting to the shutdown, or is it overall complete displeasure no matter where you are geographic create in the country -- geographically in the country? >> well, every politician

considers his own state and constituency. one is a primary strategy, and in the primary if you're a republican, you have to make sure that people don't get to your right, because they may very well defeat you. if you're thinking about the general election, then you're going to pitch to a more moderate electorate. and rook at chris christie, he's in a blue state, and yet he is headed for a massive probably 2 to 1 victory in just a couple weeks for re-election. so he's playing to a very different constituency than, say, marco rubio would in florida. jenna: the line of bipartisanship and change in washington, d.c. worked before for a candidate. let me play this for you. >> after steady work across the aisle, i know he'll be able to help me turn the page on the ugly bipartisanship in washington so we can bring an agenda that works for the american people. jenna: i want to ask you about whether or not that happened or not, but what do you think the

post-obama era in politics look like? can that call for change still exist? can it be recycled in the next big presidential election? or are you expecting something different from politicians because of where the country is? >> pretty consistently, jenna, politicians running for president even if they have a job in washington run against washington. both democrats and republicans do. but, you know, that was a great clip. you know what it tells us? it's so easy to talk about bipartisanship, it is so tough to do. jenna: and we'll leave it there. we'll see what happens today. speaker boehner, the president at the white house, we'll see if bipartisanship actually does happen, if there's action following it. larry, great to see you. thank you so much. >> thanks a lot, jenna. jon: here's an interesting health question, could living near an airport or really anything that is really noisy be taking a toll on your health? coming up, what researchers just uncovered about what all that racket might do not just to your

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jon: we are learning more now about w americans are responding to the obamacareout. as you know, the first week of the health care online launch was plagued by glitches and delays. now according to a brand new ap/gfk poll just 7% call this rollout a success, many more describe it as a major flop. and as far as the overall framework of the law, 28% of americans say they support it, 38% oppose it, the rest don't have an opinion either way. should any of this come as a surprise? let's talk about it with angela mcglowan, a fox news political analyst. so 7%, angela -- >> yes. jon: -- say that this launch has gone very well. 40% -- [laughter] say it hasn't gone well.

i'm wondering if president obama should have taken republicans up on their suggestion that we delay the implementation of the individual mandate for a year. >> of course he should have taken republicans up on their offer, and we wouldn't be in the mess that we're in today. but, jon, the bottom line is in the 2012 census, 48 million americans do not have access to health care. that's 15% of america. so we do need health care reform. however, in this health care overhaul poll, three-fourths of the people that said they tried to get online, they had problems. and when you have 40% of those people saying they don't approve of the process, that's challenge. and this is only the tip of the iceberg. that's why i wish republicans on capitol hill would have allowed the rollout of this process, because you're going to have many more glitches. jon: you think it was a mistake then to make such a fuss over obamacare among republicans? >> yes, i do think it was a mistake. because look at how the federal government is working now, and

now we're giving them control of our health care system? 36 states are participating in this exchange enrollment, and they're using this web site, health.gov where you go on to enroll. but certain people were kicked offline. and the bottom line is this, the people who are enrolling, they're looking for health care. so they're already oppressed, they already have problems, and now they're creating more problems. so in 2014 if republicans were patient in 2014, people have gone to the polls and voted their conscience. jon: but as you know, the government is shut down -- >> yes. jon: -- in part because republicans, one of the points argued by the house of representatives was let's at least delay the individual mandate for a year. you do that, we'll fund the rest of the government, everything will be, everything will be good, we'll keep this thing open. >> right. jon: the president said, no. now, he unilaterally delayed the employer mandate. why was he so insistent on

getting this individual mandate going? >> unfortunately, we have a lot of egos in this town and a lot of people who run for political office, they have great egos. but i wish that republicans and democrats once they meet and they sit down and talk, they will have a benevolent spirit on actually solving this problem, because a lot of americans are suffering this day. so why did he not give in to the individual mandate, why did he not give in to delaying his health care legacy for one year? jon, it's ego. he's already delayed 12 provisions of this law. the administration's already given out 2,000 waivers regarding this law. congress and staff have subsidies regarding this law. religious organizations have sued over this law. but yet still we can't come to the table as elected officials to solve in this problem? and the president said he doesn't want america to default on our debt, well, because certain people are furloughed, they're not able to pay their car note or their mortgage.

jon: angela mcglowan keeping an eye on things in d.c. for us. thank you. >> thank you, jon. jenna: certainly a lot of politics to get to today. jon: a little bit, yes. jenna: a lot. but we're going to take a break from that, jon. here at "happening now" we're exploring an age-old question next, is there a medical cure for a hangover? a new study says the answer may be right in your fridge. the doc is in next. female announcer: save up to 35%

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♪ ♪ jenna: welcome back, everyone. normally, when we talk about heart health, we're talking about exercise or diet, but now researchers say living near an a airport can also take a toll on your heart, and it may be due to the level of noise. dr. kevin campbell is the ideal

person to talk to about this, he's a practicing cardiologist and assistant professor of medicine at the university of north carolina. hi, doc, good to see you. >> good to see you. thanks for having me today. jenna: so what is the link? what is significant about aircraft noise that would cause heart disease? why would that be? >> well, it's interesting. we know that standing beside an airplane about 25 meters before it takes off is about 150 decibels, and that can rupture an eardrum n. the study we're referencing today, it was about 45 decibels. what that does is increases the reless of stress hormones -- release of stress hormones, all of these things associated with increased risk for heart disease, high blood pressure, things of that sort. jenna: is it specific to the noise of an airplane or any loud noise you might be living with repeatedly? >> any loud noise you might be living with repeatedly. the street on manhattan, the decibel level's about 60-70 which is even more than the noise levels seen in this study,

so it's pretty interesting that noise pollution can really be deleterious to our heart health. jenna: the study focused on folks in neighborhoods around airports, but i wonder what would happen if you talked to folks that works in construction or worked in a factory, doc. have you seen any sort of research like that, and what do you expect to tell a patient as a medical professional if they, you know, they can't avoid living in an area where there's a lot of noise? >> exactly. i think we have seen some studies that are similar to this that show increased levels of high blood pressure and that sort of thing in areas of loud noise. what i would say is you need to help your patient develop coping skills such as meditation if you can in the middle of a noisy street, exercise,other ways to deal with the stress that this noise pollution can cause for you. jenna: it's a tough segway, but some people turn to drinking -- [laughter] that's our next topic. not a as a way to deal with stress, but because of what these chinese researchers found. they say that sprite, there's an

ingredient in sprite and club soda that helps cure a hangover. can you explain why that would be? >> this was actually really, really interesting to me, very interesting study. what they found was that when we ingest alcohol, the liver breaks it down into me tab lites, and some of these are what causes the hangover. there's another enzyme or protein that breaks down the me tab lite that causes this hangover problem, and sprite seems to increase the rate which the which it eliminates the hangover protein. other things such as herbal tea which in the past we've thought is a good hangover cure slows that down, so it can make the hangover last longer. jenna: in your medical our team needs your advice -- [laughter] if you mix alcohol and sprite, does that mean you do not have a hangover the next day, doc? >> i don't think it's telling us that at all. [laughter] i think the best advice is hydrate. one of the reasons your head hurts and you feel so awful

after drinking is because you get dehydrated, and if you drink tons of water and take a little ibuprofen along with have a sprite with your eggs and bacon, i think that may help. jenna: is that what you do, doc, eggs and bacon? [laughter] i'm putting you on the spot now, but -- >> i do like a little egg white omelet, how about that? [laughter] jenna: that's good. thanks for playing, doc. some interesting topics, and we'll see. we'll ask our viewers if this, indeed, works. dr. campbell, thank you. >> you too, jenna, thanks so much. jon: coca-cola and sprite, i think their stock got a bit of a bump. jenna: marketing campaign in the future. i'm not so sure. jon: all right. the house republicans want to see some common sense as they get ready to meet with president obama today at the white house. will he be in a giving mood? we'll see. a live update on the new efforts to end the stalemate over the debt ceiling. day ten of the government shutdown. plus, one man trying to keep america beautiful during the

shutdown, he's doing what the government won't. we'll introduce you to the private citizen taking it upon himself to maintain an american landmark and keep it looking good. yes, he wants to mow the grass. but will they let him? it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. infrom chase. so you can.

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jon: well, on day ten of the government shutdown, a big breakthrough potentially in the budget battle. i'm jon scott. jenna: hi, even, welcome to the second hour of "happening now," i'm jenna lee. and as we await a key meeting at the white house between the president and top house republicans, the gop leadership making this offer: >> so what we want to do is to offer the president today the ability to move a temporary increase in the debt ceiling, an agreement to go to conference on the budget for his willingness to sit down and discuss with us a way forward to reopen the government and to start to deal with america's pressing problems. jenna: well, timing is

everything. earlier treasury secretary jack lew warned lawmakers about the dire consequences of a default. >> if congress fails to meet its responsibility, it could deeply damage financial markets, the ongoing economic recovery and the jobs and savings of millions of americans. i have a responsibility to be transparent with congress and the american people about these risks. and i think it would be a grave mistake to discount or dismiss them. jenna: our chief congressional correspondent, mike emanuel, is live on capitol hill, a busy place today, mike. so set the stage for us, what are house republican leaders saying, what do you expect them to approach with the president at the meeting later today? >> reporter: well, jenna, 4:30 p.m. at the white house, a group of 18 house republicans led by speaker john boehner will offer a six week extension of the debt ceiling to a hard date, november 22nd. none of these extraordinary measures to extend it to january, but november 22nd, and then the demand that the

president sit down and talk to them about reopening the goth and negotiating long-term -- the government and negotiating long term on the budget. here's the speaker a short time ago. >> it's time the for leadership. it's time for these negotiations and this conversation to begin, and i would hope that the president would look at this as an opportunity and a good faith effort on our part to move halfway, halfway to what he's demanded in order to have these conversations begin. >> reporter: now, house republicans are not offering at this moment to reopen the government. one would expect the president and senate democrats to counter with that, but aides to boehner have said and passed around quotes from administration officials saying the president would sign a clean debt ceiling extension, jenna. jenna: this is what negotiations are. this is the beginning of it, so we'll see where they end up from here, mike. any reaction from senators and what's next there? >> reporter: i've heard from some democratic senators and some key administration officials saying longer would be better. i heard from one republican senator saying he wishes it was

beyond november 22nd, maybe to january so they didn't risk blowing up thanksgiving. but last we heard from the senate majority leader, harry reid -- which was before the boehner announcement -- senator reid was going to go forward with his preference, a one-year extension. >> we're going to have a vote saturday on the ability to proceed to a clean debt ceiling. we'll find out how senate republicans want to proceed. economists say the consequences of not paying our bills, not extending the debt ceiling would be immediate and catastrophic. >> reporter: all eyes will be on jay carney at the white house podium this hour to get his reaction and also from democrats on the senate floor this afternoon. jenna? jenna: mike, before i let you go, since you've been in those halls for the last ten days and you've certainly felt the feeling of what it feels down there, i'm just wondering, does it feel like people are optimistic about what's been introduced just a few hours ago?

what is the tone down there? >> reporter: it definitely does feel like some of the pressure has been released. they see an escape hatch, if you will, from this mess that they are stuck in at the moment, and so some are hoping that this is the start of or a sign that things are going to improve, although the republicans are not offering to reopen the government, and some are definitely wanting that to be included in a final deal. jenna: interesting, mike. thank you, appreciate it very much. mike emanuel on capitol hill, he'll continue to watch that for us. you know, when did the shutdown standoff begin in it feels like it's been going on forever, right? it started on september 20th when the house denied funding for obamacare while keeping the government open through december 15th. then during debate in the senate, tea party senator ted cruz launched into his marathon speech against obamacare. he started on september 24th and ended 21 hours later. so with no deal on the spending bill, at midnight october 1st the government shutdown took effect. four days later, the house voted

to pay furloughed federal workers when the shutdown ends. on october 8th, pressure began to mount telling the house speaker he refused to negotiate over the debt ceiling, and just yesterday the house voted to pay for halted death benefits to military families. so here we are today. we'll see if this is a break in the talks. jon: for more on the shutdown standoff, let's talk about i it with jonah goldberg, editor at large of national review online, also a fox news contributor. is that glacier about to thaw, jonah? >> it looks like it's -- from what i understand of the conversation going on on the hill, this looks, actually, pretty good. you know, the republicans who are taking a worse beating than the democrats as a generic matter are actually winning certain aspects of the message war. that's one of the reasons why harry reid switched some of his fewer in y'all rhetoric -- i'm sorry, he just looks like an undertaker to me -- from we will never negotiate, we must not

negotiate to, of course, we'd love to negotiate because that message has been coming from reid and obama that they're opposed to even talking just doesn't play very well. and so in that, so sort of this microsense, the republicans have this advantage that all they were asking to do was talk. and that seems reasonable to a lot of americans, as it should. and thatj:ñ is why i think thate six week extension on the debt limit in order to continue these conversations is a pretty smart move by john boehner if he can actually get it passed. jon: and the president is pushing hard, apparently, not to let speaker boehner split the two issues, to lift the debt ceiling but maintain the partial government shutdown. the president seems to want to deal with both of them at once. >> well, you know, it's funny, the conventional wisdom -- which i think is probably still right -- is that obama always wanted the shutdown. i mean, i think that's absolutely clear. that was why the hostage taking of the budget was a bad idea in

my eyes because he wanted the government to shut down. he was always afraid of having the debt limit fight. and now he's sort of like the dog who caught the car. these things have been bundled, and all of a sudden he realizes that he likes them bundled, and the problem is -- because it turns out he actually isn't winning the fight over the actual government shutdown as well as he'd like. and so his position is simply give me everything i want, let's extend the debt limit for at least a year and have a clean cr on the budget, and then we'll have a conversation after you guys have completely surrendered. jon: he said something interesting in his news conference the other day, he pointed out that many of these house republicans are in very safe districts and that many of them will be elected regardless of what happens here. he is president of the entire country, on the other hand, and according to a new rasmussen reports poll, the right track/wrong track numbers for the entire country are pretty dire. only 17% of americans say we're going in the right direction

right now. that's down from 28% last week. they've dropped 11 points, and, i mean, you know, when the history books are written, he's going to get part of the blame for that, isn't he? >> that's right. i mean, who remembers who the speaker of the house was on october, on the -- when the stock market crashed in 1929, right? moreover, look, obama's talk about that actually makes me fairly mad because you're absolutely right that he's the president of the entire united states, not just the democratic party. and yet his entire strategy has been to make the shutdown as painful as possible, and he admitted it in that same press conference, make the shutdown as painful as possible in order to, essentially, punish republicans. and, you know, that is the first time in american history i'm aware of where the president of the united states has taken on a policy to punish americans, essentially, innocent bystanders in a beltway fight in order to score ideological points. jon: yeah, and let me read, let

me read from part of this statement not attributed to the president, but it is from the white house today. we will not allow a faction of the republicans in the house to hold the economy hostage to its extraneous and extreme political demands. i mean, you're a wordsmith. clearly, the president really thinks this is all about the tea party, and they are the problem here. >> well, and look, and, in fairness, it's the tea party guys who are driving a lot of this and who pushed the defund obamacare thing. one of the things if we're going to do wordsmithery, one of the things that drives me crazy is he incestuous about isly refer -- incessantly refers to his eau points as -- opponents as idealogues. the idea that opposition to obamacare is outrageously ideological but support for obamacare isn't ideological is ridiculous. socialized medicine or nationalized health care, whatever you want to call it, has been the brass ring of

american progressivism for 100 years. it was one of his core promises to the ideological base of his party that he was going to deliver. it is an ideological agenda that he has tried to oppose and ramrod over the american people, and he thinks that opposition to it from the majority in the people's house is somehow illegitimate. it is a legitimate political fight on both sides. jon: right. he also said republicans or some of them don't want people to have health insurance. i don't think anybody has said that. it's all about how you get there, that's what seems to be the argument. joan that goldberg, national review online, thank you. >> thank you. jenna: new fallout from the ongoing government shutdown. we've been reporting that plans are in the works to provide back pay for furloughed federal workers, and now it appears some of them could get paid twice. william la jeunesse is live from our los angeles bureau with more on this. so, william, how is that possible? >> reporter: let me explain. though not unemployed, furloughed federal workers can collect unemployment checks.

that presents a problem because what's going to happen is those who do file are going to get paid twice for work they never did. here's why. congress has already said federal workers will get paid for their furloughed time off, but many will also collect unemployment, so taxpayers are paying twice; once in back pay, once in unemployment. >> so that will create a situation in which there will be overpayments to these federal employees that the states will be expected to collect back from the claimants who receive those benefits when, in fact, they were compensated for those weeks. >> reporter: here's the problem, states can request the money back, but there's confusion among states about whether they're entitled to get the money back, or can they force federal employees to pay the money back, or if they have any leverage beyond writing a letter. >> the heads of all of those federal agencies at the cabinet

level, they need to basically tell federal employees that anyone who doesn't repay state employment benefits will be immediately terminated, and they need to put some force into that by getting the names of folks from state agencies so they can enforce that. >> reporter: that's unlikely. now, here's the irony, jenna. unlike private sector workers who along with their employers pay into the state employment funds, federal workers and federal agencies do not. they're exempt. their unemployment comes out of the general fund which, of course, is broke. how much money we talking? many washington, d.c. will pay about $4 million this week, maryland closer to $6 million, but that's only 24,000 workers out of potentially 400,000. so as this goes on, the price goes up. back to you. jenna: wow, william, thanks. i think. [laughter] it's quite a report. appreciate it. wow. jon: a lot of that money comes from the states paying federal workers. unbelievable. the libyan prime minister

kidnapped at gunpoint in tripoli, what security officials now say might have sparked his abductio we are live with details on that. and chaos in the sky cans. we'll tell you what caused headaches for hundreds of passengers. plus, as we see a breakthrough potentially in washington's budget battle, one man is working to keep america's treasured national mall looking beautiful. you'll meet this member of the so-called memorial militia. ♪ ♪ [ male announcer ] this is claira.

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plane was headed to tokyo from san sand yea when one of its anti-icing systems failed, the other had an electrical glitch that left six toilets unusable. these are just the latest issues plaguing the airliner, the entire fleet had to be grounded earlier this year after battery problems. jenna: right now, libya's prime minister making his first television appearance after he was kidnapped, snatched from a tripoli hotel where he's living at gunpoint in the early morning hours. government officials say they may know the motive. leland vittert is live from our jerusalem bureau with more. what exactly happened here? >> reporter: jenna, it kind of sounds like a story out of the wild west. early this morning gunmen broke into this luxury hotel where the prime minister keeps his residence, beat up his bodyguards, took him at gunpoint. a couple of hours later another militia broke into the house where he was being held inside tripoli and stormed the area

where he was in and rescued the prime minister, returning him to his office sometime around noon today. it really underscores just how unstable the situation inside libya is. the government there is basically subcontracting out all of its security work to these various militias. the fighters of these militias are loyal not to the government, but to the leadership of the militia themselves. there's speculation that the initial kidnapping was in retaliation for the libyan government possibly helping the united states in that raid over the weekend that netted the al-qaeda operative who was living in tripoli, but that has not yet been confirmed by anyone who was involved either in the initial kidnapping or the rekidnapping that ended up freeing the prime minister. if things seem a little bit confusing in libya, they are extremely confusing right now. the central government doesn't have a lot of control, there is no central army, very little in the terms of the law out there. if you equate it to the wild

with west, you then have to add to it the jihadist element, the islamic jihad element and also al-qaeda there and then also the amount of weapons that are available inside libya just in terms of how many people there are very well armed. these are, of course, weapons left over from the revolution. to call it a combustible situation, jenna, would be an understatement, evidenced by the prime minister being kidnapped and rescued both times today by people who were not directly affiliated with his own government. back to you. jenna: leland, thank you very much. all the more reason to continue covering what is actually happening in libya. moments from now we're going to talk to former covert cia operations officer mike baker about the interrogation of the captured al-qaeda leader from libya who's now onboard a u.s. navy ship. that interrogation happening now as we speak. we'll talk to mike about it in just a moment. jon: so memorials across the country, as you know, are closed for business during the

shutdown, and the grounds crews are also furloughed. enter the lawnmower man and his one-man effort to keep america beautiful. we'll talk with him live. plus, the undercover nypd detective now charged in the biker road rage case is sharing his side of the story now. how it could impact the case against him. our legal panel weighs in.

jenna: well, with the shutdown standoff in day ten, we needed a little bit of a heartwarming story, right, jon? we needed a different side. jon: this is a good one. jenna: we're about to introduce you to a man doing his part to keep washington beautiful amid the shutdown. chris cox is the guy that you're seeing on your screen there.

he took a lawnmower to the national mall. he was cutting grass, he was helping cut away some trees that were blocking off the path to the lincoln memorial. chris cox is our guest, and he is joining us now. chris, i've been looking forward to this all morning. it is such a pleasure to have you on the program. >> thank you, jenna. i'm pleased to be here. jenna: tell me about where you got this idea. why did you show up to d.c. with a lawnmower and a chain saw? >> well, it was the first day of the shutdown. actually, i was here on an art show, i was in a holding pattern finishing up some commissions, and the first day of the shutdown, they were talking about how vulnerable or memorials are. well, i had to see for myself, and i threw my beech cruiser in the back of my truck, and i went to the lincoln memorial and, sure enough, it was a ghost town. at first my goal was just to prevent any vandalism that may happen as a result of being understaffed. jenna: so we have some photos of

you. i'd like if we can to bring up the photo where you have the lawnmower, because i'd like for you to explain how you transitioned from maybe thinking, hey, maybe there needs to be extra security to, hey, i need to go to work, i'm going to go to work in the capital. tell us when that switch happened. >> jenna, i'm glad you asked that question. youyou know, it was a transitio, and in order for me to play a more valuable role, i had to evolve. and so i, you know, i wasn't trying to sign up for the janitor position, but i found myself there, and so i started cleaning up some overflowing trash cans that were leading into the memorial right beside the vietnam memorial. there were bottles blowing and trash, diapers, spit cups, half eaten apples, you name it. and it was just, it was disgusting. and so i just got a couple trash bags, and before i knew it, i had bagged a couple hundred trash cans and removed them from the property, and soon after

that i got a blower and started blowing all the trails, and everything evolved. the next evening i saw that there was a tree that had fallen down, so i showed up with just a couple of hours of sleep. i removed the tree from the pathway which was a handicap-accessible pathway, and then i got my lawnmower, and i got busy. [laughter] jenna: you know, chris, a lot of people would walk by and see a scene like that and think, oh, that's too bad, there's a lot of trash around. few would actually take action. where does that come from in you? where do you think that -- deep down, what is that that made you actually act on it? well, i'm glad you asked that as well, jenna. there's a sentiment that has been in the back of american minds now for generations. our president once said ask not what your country can do for you, but what can you do for your country. and as a civilian, you don't get a lot of opportunities to serve your country. and i saw this as an

opportunity. and i was surprised i was the only one down there, and i just wanted -- and before i could lead a movement, i first had to lead by example. and so i wanted, i got in the trenches and just started making it happen. my goal was to inspire americans around the country to get up and to go out to their memorials and to the parks and to support the national park service. but instead of showing up with a picnic basket, i was hoping that they would show up with a trash bag and a rake, a firm handshake, a smile and a good attitude. jenna: it's certainly inspiring us right now, chris, listening to it. has anyone joined you? has anyone tried to stop you? >> yes. i had several volunteers showed up on sunday, elizabeth harris and her daughter picked up trash. the second evening of the trash detail, i had a gentleman from northern virginia named jesse braswell, he showed up and bought some supplies, some trash bags and some win decks and some

paper towels, and you name it, we've wiped it down. that monument from the memorial from world war ii to the lincoln, it's like -- it was like a golf course. at least it was before i left. jenna: before i let you go, you have a little flag on your shirt, and i understand that has to do with the memorial militia which is what you're talking about, bringing people to give back a little bit to the memorials surrounding us. we're hearing today on capitol hill that maybe there's a break in the shutdown, maybe there's something going on there. i'm just curious, if you had the opportunity to talk to the lawmakers today, what would you tell them? >> i would tell them that they need -- the voters are being, they're being ignored. these guys have got their egos are positioning them, and they're not able to make the right decisions, and they need to come together, and they need to unite this country. because we, we're getting black eyes right now around the world. we are the nation that feeds the

poor and clothes, we put clothes on the people around the world, and we've got to keep our image intact. and whatever we do, we have to come together and unite as americans for the common goal of pushing america forward, not letting it fall backwards. we've got to lead by example as we have in the generations before us. we can't become come complacentd lazy. we have to be proactive, and when we see something that needs to be done, as americans it's our responsibility to do it, not ask permission, don't ask forgiveness. if it's in your heart, if you are exercising american ideology, then move forward and make things happen. jenna: well, i just want to point out to our viewers you're professional with the chain saw as well, and folks can reach you by going to your facebook page. what is the address where they can find you? >> well, you know, to be honest with you, i appreciate that

prop, but i want to keep the message about supporting the park service right now. i don't want it to be about me or my career. i want to keep the message on supporting the park police and coming together around the country to fortify our memorials and i'd like to just leave it at that. jenna: well, that's my fault, it's my fault, i just thought it would be something that wanted to reach out and talk to you because i just have this feeling, chris, that there's going to be a lot of people that want to continue this conversation. you're the best. you're the highlight of our day, for sure, and we look forward to having you back. you're not a stranger now, you're part of the family, so thank you. >> i'm very flattered, jenna, thank you so much. jon: a little individual initiative there. it is one of the top questions of the day, why were death benefits halted for grieving military families? house lawmakers trying to get to the bottom of it right now on capitol hill. we'll bring you an update on what they're finding. plus, the captured

al-qaedaer leader indicted for the deaths of hundreds of people, including americans, actually be lawyering up? the fight to bring the suspected mastermind of the 1998 embassy bombings to justice.

jenna: house lawmakers are now digging for answers into why dozens of military families did not receive death benefits after their loved ones made the ultimate sacrifice to protect

our nation. top brass from the defense department is testifying before a house armed services subcommittee. jennifer griffin is live at the pentagon with details as this story continues. hi, jennifer. >> reporter: hi, jenna. these are civilian members of the pentagon being requested right now. the pentagon come troller robert heal is receiving questions from the subcommittee, why the pentagon furloughed anyone in light of pay our military act which congress passed unanimously which the president signed into law on the eve of the shutdown. >> i was shocked and angered that i learn that five of our nation's heroes died in afghanistan over the weaken and their families were informed that benefits could not be paid. >> unfortunately the department of defense took it upon itself to disregard the will of the american people and violate a law that had unanimous support of congress and the signature of the commander-in-chief. >> reporter: the republican sponsor of the pay our military

act, congressman mike kaufman of colorado accused dod for not following letter of the law for political purposes accusing the pentagon and white house not paying death benefits to the families of 26 u.s. servicemembers. there has been a lot of fingerpointing in washington how the death benefits issue could have fallen through the gaps. >> dod has no authority to pay benefits. we've been through our own general counsel, it is in another section of law, separate from paying allowances. we just don't have the legal authority and i don't think you want to us start going around the law. so, that $100,000 in death gratuity payments is usually made shortly after an active duty death. as of yesterday 29 military members had died -- >> reporter: the pentagon warned congress the, public, and presumably the white house three days he have about the government shutdown that there was going to be a problem. >> we would also be required to

do some other bad things to our people. just some examples, we couldn't immediately pay death gratuities to those who die on active duty during the lapse. >> reporter: that was pentagon comptroller robert heal three days before the shutdown. robert heal warned everyone on the friday that the death benefit payments for military service families would be a problem if there was a shutdown. clearly politicians decided what they wanted to hear and now there is a debate how to interpret the pay our military act which some lawmakers thought dealt with these issues. jenna? jenna: jennifer, thank you. jon: there are new reports that several u.s. defense attorneys say they want to represent captured al qaeda leader abu anas al-liby, the terror suspect indicted in the 1998 embassy bombings in kenya and tanzania, bombings that killed more than 200 people. security forces picked up al-libi in a terror raid in

libya this weekend. it is believed he is being held on board a u.s. warship n libya, the prime minister of that country, finally is released today after he was kidnapped at gunpoint early they are morning. let's talk about all this with mike baker, former cia covert operations officer, president of diligence, llc, that is a global intelligence and security firm. i'm guessing the prime minister of libya didn't consult with your firm because his security seems to have been a little bit lacking. >> yeah. security is lacking throughout that country. we have to tripoli where the prime minister is based, is actually the most organized, the most secure site in libya. that is not saying much it is a very chaotic and insecure place and the government has a very tenuous grasp on authority there right now. jon: so he was living in a hotel. all of a sudden 150 armed men drive up and basically storm the hotel and say, give us the prime minister. i mean, it boggles the mind to

think of that kind of thing happening in any country? >> well, yeah it does although in libya given the countless militias, factions, criminal organizations, and they're all vying for their little pieces of turf and power. they're all cutting deals constantly with each other. they're trying to get the others on side or take them out of the picture. so the fact that something like this happened, there has been some reporting that perhaps the kidnapping was all about the fact that this particular group was upset over the raid that picked up al-libi. you know what? it honestly could have been the fact that this faction wasn't paid their salary they were promised or weren't given something somebody promised. it is that bizarre of an environment right now and yet we want to imagine somehow they're marching on their way towards democracy. jon: yeah. if somebody wanted him dead, clearly he would be dead. 150 armed men, they could have taken him and done anything they wanted with him. >> right. jon: but they did release him.

i suppose we have to take at face value his word that, you know, this was an actual kidnapping and that somehow, you know, some faction he is associated with isn't in on it, to help him make him look tougher, make him look tougher or something like that. >> we have to note what he said. i'm not quite there yet where i take him at his word but i think, you know, certainly what this says to me the fact that he was released so quickly and unharmed somebody cut a deal. so, you know, the kidnappers or group or whoever they were working on behalf, they got what they were looking for or they were appeased in some fashion. this is not atypical. this constant struggle has been going on really ever since the civil war kicked off in libya. jon: meantime this guy the delta force raiders grabbed in tripoli, abu anas al-liby, the guy who may be the motive for the kidnapping of the prime minister who was subsequently released he is being questioned on board this ship somewhere out in the med train with then from

the cia although the lead investigative agency is the fbi. what are they subjecting him to? what are they getting out of him right now? >> what is he probably geting? he is getting refreshments and not a bad night's sleep. i don't want to sound cynical or pessimistic, we have to remember we pretty much told al qaeda and their various minions out there exactly what it is we can and can't do. also, he is fully aware, al-libi is not an idiot, he has been around long enough to know he is coming to the u.s. and to the u.s. judicial system. between knowing they can only stick to the army field manual which all those guys read the past few years, knowing that is all we can do to him, coming to the judicial system, good luck trying to pull anything out of him. first thing you want to do when you step into the interrogation room with detainees, immediately does know anything about impending operation or attack. get that information immediately. you know what? if you take away element of

unknown, surprise, keeping them on the back foot, if that is not there, they can keep their yap shut all day. they don't have any incentive to talk. jon: no more waterboarding or so-called extraordinary measures. which know the new york public defenders office is already filing papers to defend the guy in court. mike baker, diligence llc. thank you. >> thank you. jenna: an undercover police detective arraigned on upgraded charges in this brutal biker attack in new york city, video evidence puts him at the scene. he and his entire legal team insist he is not guilty of any wrongdoing. our legal panel weighs in ahead. i'm tony siragusa and i'm training guys who leak a little,

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>> this military death benefit story it struck a nerve across

america. we'll get to the bottom of that coming up with ralph peters. >> republicans are meeting at the white house with the president in a few hours. what will happen there. >> that is very important conversation. >> lose the jacket and the microphone and let's roll. >> see you at the top of the hour. >> some new developments in at that brutal biker attack in new york city. a 7th suspect turns himself in as an undercover police officer charged in connection with the brawl making his first appearance in court. the officer and his attorney maintain his innocence claiming he never touched the suv driver who was dragged from his vehicle and beaten by bikers. listen. >> this particular group of people did not know one another. it is a website. it is supposedly bikers getting together. not a gang. and his activities in that video depict him never coming in contact with mr. lien, touching him and in no way having the

intent of anyone that would have hurt him or intended to hurt him. >> all right. let's bring in our legal panel. trial attorney rebecca rose woodland is with us along with criminal defense attorney tom kenniff. welcome to both of you. tom, we heard the argument earlier from his attorney, yeah, he may have swung at the back window of the range rover after it was stopped but he didn't actually break the window because it was already broken. can that fly in court? >> i think it can, jon. i think his attorney is doing a great job framing the arguments in this case. in other words the defense is going to be, look, this is an undercover police officer, yeah he was out riding as part of this motorcycle meet-up whatever you want to call it. what did he just see? what he just witnessed and these facts are creely uncontested he saw a suv run over several cyclists leaving at least one paralyzed in the street. as far as the detective's perspective was he may have seen

someone run over and killed and sees an suv fleeing the scene. he is doing what any good police officer would do in trying to chase down a fleeing suspect who is leaving the scene of a serious personal injury accident which is in of it sell a criminal defense in new york. jon: wait a minute. wait a minute. rebecca, saying any good police officer would take a swing at a civilian automobile? >> jon, with all due respect to tom, i entirely disagree. i think his attorney is making a terrible case. the reality of this is, he never identified himself as a police officer. if he is an undercover officer and there's a crime being committed according to the penal code and rules of nypd he needs to identify himself, or, get cover, and then, notify 911 and his other officers to come to the scene. first of all, he did witness the first problem prior to the suv running over the biker in the street. the reason the suv did that was because he was being attacked

already. and there is supposed alleged video footage that shows the police officer actively engaged in gang conduct. gang conduct is a felony in new york. it is two or more people physically encountering someone else and assaulting them. two or more. doesn't matter if they knew each other prior to riding their motorcycles or not. so anything that these defense attorney here is claiming and focusing on is actually a misfocus. it is actually not what will be heard in court. jon: tom, it isn't usually shown because we don't have the video of it, but she is right. when the suv rear-ended this biker who abruptly slowed down in front of it, apparently the other bikers, you know, got off their bikes and started slashing the tires and all that kind of stuff. that is when the guy took off. obviously this police officer may have seen part of that. maybe he didn't but there is a whole lot more to this story.

>> well that is exactly it, jon and rebecca. we don't know exactly what the police officer saw or didn't see. but what we do know is that first of all the prosecution will have to prove his guilt. part of what they will have to prove, not only he acted in concert with the other individuals at the scene with the intention of commiting a felony, assault against the driver, but he had the intent to commit assault. jon: he didn't have to take a swing at the window. there are a couple of dozen bikers there. they all didn't get involved in dragging this poor guy out. >> his action proves intent. his inaction, lack of retreating calling 911 or calling for additional backup proves that he got involved, even if, even if it wasn't him who punched that window, which the prosecution claims it was. >> rebecca, we know that there is a difference between the way things occur in controlled environment of a news studio or controlled environment of a courtroom as i often tell juries. >> right. >> the reality of what happens

when events like these -- >> he is a trained police officer. that is what he is trained for. jon: there will have to be a lot of this coming out in court. the video says a lot as well. rebecca, tom, thank you both. and we'll be right back. >> thank you, jon. new purina one true instinct has 30. active dogs crave nutrient-dense food. so we made purina one true instinct. learmore at purinaone.com [ mthat if you wear a partial,w you're almost twice as likely to lose your supporting teeth? try poligrip for partials. poligrip helps minimize stress which may damage supporting teeth by stabilizing your partial. care for your partial. help protect your natural teeth.

jenna: washington may be getting closer to a deal to avoid defaulting on the nation's debt but some eurozone countries continue to teeter on the brink of real trouble. italy for example, where entrepreneurs say growth is stymied by high taxes and massive amounts of bureaucracy, leaving some people to take dramatic measures. amy kellogg live from london with more. >> reporter: hi, jenna. let me tell awe personal story that highlights a lot of difficulties in italy. he had a factory made heating elements in italy had been in the family for three

generations. he said the government during this time of crisis rather than making it easier for entrepreneurs is making it more difficult. he got so fed up and basically upped and moved his factory to poland white his workers were on vacation during the summer. he claims that he tried to discuss it with them before making the decision but they threatened to sabotage the move. so he felt that he had no choice. he said he wasn't making profits for the past few years and that in italy it is nearly impossible to lay people off. he claims a worker taking home $16,000 a year was actually costing him nearly 40. he said that and the unions and bureaucracy and regulations were simply killing his business. >> translator: politics is doing everything to sink businesses. they don't help. every day they create new taxes and new obstacles could increase the cost of labor and make it impossible to work. >> reporter: unions are up in arms about this. workers will receive about 3/46 their salaries from the government the next few years.

they're picketing the old factory and vandalized it. the mayor of city he left hyped had this to say. >> translator: my first reaction was definitely one of indignation because it is absolutely unacceptable, even in the face of the company's economic difficulty to behave like senor. >> reporter: he says in his words to realize in you move a way in secret wasn't elegant. he felt he had no choice. he doesn't feel he betrayed italy but rather, january r jenna, italy betrayed him. jenna: amy thank you very much for that. we'll be back with more "happening now." [ male announcer ] this is pam. her busy saturday begins with back pain, when... hey pam, you should take advil. why? you can take four advil for all day relief.

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ask your doctor about non-insulin victoza®. it's covered by most health plans. >> the indiana dog that is an internet sensation after breaking away from his owner and crashing a half marathon has now earned a medal for his merits. >> the chocolate lab ran most of the marathon and taken to animal

control. his owner said they decided to join the race. i don't know if winston would do this. he ran the whole thing. and got a pretty good time, two hours and 15 minutes. half marathon. and ally and bill are next. >> thank you. the fall we hear crack something >> or is it hell freezing over. >> partial shut down day ten. a lot to get through this hour. i am bill hemmer. >> i am alisyn camerota. we hear that house speaker john boehner will pitch a short term debt limit. is it progress or kicking the can down the road. >> hi, chris. >> the answer to your question is yes. it is. both of those things. and one thing if the president