you won't want to miss it for a friday. never done before. find out what it is when you join us tomorrow. now, shepard smith reporting live from the fox news deck. >> shepard: we'll be watching. there's now talk of raising the debt limit. how did that happen? and what does that mean? and why now? i'll ask two of our correspondents in washington. why is the government shut down? exactly what do republicans want that they might be able to get? what is it? i'll ask a republican lawmaker who was in on a huge meeting today. are they capable of governing anymore in washington, seriously? i'll ask dana perino, and show you some polls that are like nothing we have seen since 1939 in this country. so let's get too toe it. >> shepard: first from the fox news deck.

there are new signs all of a sudden of a potential crack in the stalemate between president obama and house republicans. wall street is loving it. would you look at this. this is the reaction on wall street today. we're up 239 points, one and a half percent plows john boehner says he house will vote to raise the borrowing limit for six weeks if president obama agrees to now talks on spending cuts. >> it's time for leadership and times for this negotiation 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, halfway to what he demanded. >> shepard: so they'll pay the bailiffs -- pay the bills.

>> today he white house press secretary said the boot be open to a short-term deal. >> he looks forward to the meeting and looks forward to hearing more from the speaker and other leaders about this proposal they talked about today. we haven't seen a bill. we haven't seen whether or not any bill they would write could pass. >> shepard: treasury officials said the got is set to reach its debt limit a week from today. where we can't pay build if they don't reach a deal the united states could default on its debt for the first time in the nation's history, and be rest assured, nobody knows exactly what that would mean. nobody. today the treasury secretary, jack lew, warned a senate committee that a default could cause irreverse able -- damage to the economy, and hundreds of thousands of people are not at work. speaker boehner's proposal does not deal with that at all, but all of a sudden some republican

senators are saying, ending the shutdown could, and should, be part of the deal. there is a lot to cover here today and it matters to every one of us. so let's get to team fox coverage. ed henry the white house, mike emannal on capitol hill. mike, after all this talk no on the debt kealing, no, suddenly yes on the debt ceiling. >> many, many republicans i have been talking to think that they should have kept the government open, and that the debt ceiling was the better fight to have. now they're going to extend the debt ceiling perhaps six weeks, but they're not going to re-open the government and so that has a lot of republicans scratching their heads, wondering what was the better battle to pick up and take on in this item of critical deadlines and one that has been passed and one that is coming. at this point, speaker boehner went into conference today and said, let's extend it six weeks,

the borrowing limit for the federal government, and we'll make them, democrats, sit at the table and negotiate a longer term deal, and so at this point that's the plan moving forward. the white house careful with language. what has been striking is senate democrats have held their fire because leading up to the government shutdown, every proposal that came from the house republicans they hammered right away. perhaps this -- >> shepard: it's my understanding this is far from unanimous in there some more conservatives, especially from south, i'm told, were not for this. >> i think that's absolutely 100% correct. i'm not suggesting there's unanimous support for this at all. but my understanding is that paul ryan, the chairman of the budget committee who people will remember from the 2012 election being mitt romney's running mate made the case for we could deal with the long-term budget deals, and take on entitlement reform, perhaps reform the tax code, and

so a lot of republican rank-and-file members say, while not crazy about this adding on to the debt, and in their minds, they believe in paul ryan, that he has a lot of juice with them and their constituents, and so if he thinks this could be for long-term good, then some of them at least are willing to go along and vote with the speaker. >> shepard: we'll get to ed in just a second. i want to get past these republicans in congress first. the timing on all of this is interesting because we didn't hear any of this stuff yesterday. but what we did hear yesterday was, two major conservative groups, freedom works, which forever had said, letting us hit the debt ceiling is not a bad thing. yesterday they changed their mind. heritage action, another big powerful consecutive group, yesterday did the exact same thing, and the koch brothers who

spent $200 million on attack ads on those who would be for keeping the government open, came out yesterday and said we have no position on the debt ceiling, and all of a sudden around come republicans as they watch the polls. so, there's a lot of pressure, isn't there, mike? >> no question about that. you're right to mention the outside groups, from the right they're getting hammered and from the left democrats are getting hammered as well, and that complicates the situation even more. a lot of people are being asked by their supporters to stay in their respective corners and not come out of the corner and negotiate with the other side, which complicate dealmaking here on capitol hill, but you're absolutely route there's been a lot of outside pressure and a lot of pressure from general on these members at this point. a lot of them are getting calls staying, re-open the government. what are you doing? and there are a lot republican senators who are saying, six weeks, but we'd like to re-open the government. we'd like to do that.

we don't think we should wait six weeks to re-open the government. >> shepard: but that's not where we are. right now we're talking about raising the debt ceiling, and there are conditions. what is the white house saying about the conditions? >> well, to pick up your point, shep, there's a bit of a retreat by john boehner by saying he would have a clean extension of the debt ceiling for six weeks. it's not just privilege from conservative independent retail federation, business folks were saying to republicans over the last 24 hours, this could have a massive impact on the economy. don't do this. that added to the pressure as well. the context from the white house standpoint is, jay carney was stressing at the top of the briefing, after days of calling republicans arsonists and terrorists, he used some of that language today but at the top said cooler heads are prevailing. that seemed like an effort to calm in the market and shut maybe the president is in the mood for a deal. his condition is -- you heard the sound bite from speaker boehner saying we're meeting the

president halfway by dealing with the debt ceiling. the other half is reopening the government, and jay carny wend around. the big sticking opinion, can john boehner pass this with republicans and the other big one will the president go along if it's just lifting the debt ceiling. jay carnie finally said, yes, the president would approve just extending the debt ceiling while they talk about things. that's a retreat for the president and boehner. the president said he is not going gunshot with a gun to his head. if he said, just deal will default but not re-opening the government, he is talking to republicans and negotiating something he said he wasn't going to do. >> shepard: mike now we're hearing from a couple of republicans -- i don't no who they are -- up named republican senators who say, let's re-open the government, too, or put that on the table.

do you know who those senators are? >> i've spoken to multiple senators who are apprehensive. six weeks is not terribly long in washington, dc so by saying you're going to extend the debt ceiling six weeks, it's going to come up right before thanksgiving again and does not allow a whole lot of time for negotiation. >> shepard: they want to have a fight over turkey? seriously? they don't want to do that. why would they do that? >> that's what lot of senate republicans are saying. they did not want me to use their names on the air because they said they realize speaker boehner has a tough deal there in the house. >> shepard: people deserve to know who these people are. i mean, it is clear that there is extreme division within the republican party. the far right of the party, the tea party wing says, stay the course. the other side says, we got to do something. i'm not taking a side on the matter. but i'm observing that there is a split, and i'd like to know what u.s. senators who are republicans are saying, no, mr. boehner, you're wrong. who are they?

>> i will go back to them and ask them if i can use their names. they said privately that they were concerned that the government is not being re-opened as part of the deal, and they don't think six weeks is long enough. they'd like to gift it kicked to the new year for time to negotiate. >> we're going through a list of what happened with the economy over the last week. i have a long list and a lot of facts. suffice to say, if i'm in the president's camp at this moment i certainly want the government rescoped i want the debt ceiling racessed but i'm not unhappy about the blemishes in the republican party being noticed, and republicans can't be happy about that. >> sure. i think one of them -- i won't steal your thunder but the unemployment claims, weekly, spiking, that has to do with furloughed federal workers -- >> shepard: let me show you this now. this is a full screen from bloomberg news that we were going to show during a guest segment coming up, and we have it for you. the headline is, jump in jobless

claims flashes warning to u.s. economy, and says claims for u.s. jobless benefits jumped to the highest level in six months. providing the first statistical warning that the damage from the partial federal shutdown is starting to rim through to -- ripple through the economy. >> it's not just federal workers. it's contractors as well who have these big federal contracts, folks in the private sector that republican business folks stand up for are also on the line. so that's important. and not to steal mike's thunder, but without violating confidences, look who is on the senate floor yesterday fighting over the military death benefit issue, senator bob corker of tennessee, senator john mccain of arizona who went to the floor and said we know this government is going to re-open. what are we wait for? there's pressure on the republican side and the white house is banking on that.

>> shepard: they can say whatever they want about that. they came to the podium at the pentagon three days before the shutdown began and a spokesman said, we will not have these benefits. what are you going to about -- to do about pit and they didn't do anything. that's a fact. >> the house said they thought they passed a bill to give wide latitude to fund the military, which was signed by the president before the government shutdown, so they thought they had taken care of it before the government physically shut down. since then, since this story blew up about death benefits, the house passed another bill, the senate passed it nancely, but jay carney at the podium said he didn't think they needed to sign that and fisher house would pay for the short term. so it's a mess. there's no question about it. it's a mess. the government has been closed ten days and there's no sign of it re-opening anytime soon. i don't think there's any way of parsing those words. >> we mentioned government

contractors have been furloughed. we got this just today. urs corporation and british defense contractor bae system, one of them builds energy and industrial products, the other has intelligence and security, laid over 4200 people today. why is this just now beginning? we have the answer. and coming up in just a minute we'll speak with a lawmaker who was in the meetings on the hill. oklahoma republican, tom cole. some in his party says the debt ceiling doesn't matter. he says it matters very minute. how long with the government shutdown continue? and if it does, what happens in this country? fall back into recession? we'll ask him. dana perino will be near a few minutes. we'll bring the fox report to you. this is shepard smith reporting from the fox news difficult in new york.

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>> shepard: business alert. look at this. the dow jones industrial average is now up 303 points. on the news that they are getting close to something at least in washington. no bill yet. but they're at least talking about lifting the debt ceiling, and eventually putting the government back to work. they're not even really seriously talking about that. more now on the potential progress. one g.o.p. lawmaker says he

agrees with the president the united states cannot risk hitting the debt ceiling defaulting on its debt. other republicans claim the treasury department could move money around. oklahoma congressman cole is now live from capitol hill. good afternoon and thank you. >> great to bive you. >> shepard: i hear there was a lot of division in there. >> not so much as you think. i think there were a lot of questions and certainly different points of view, but quite honestly, think the conference is awfully united behind what the speaker will propose to the president when they meet -- >> shepard: that's not what i heard with great respect. >> i was in the room. >> shepard: not true some southern senators think this is a fight worth keeping up? >> i can't tell you about southern senators. this was a meeting of house members. >> shepard: i'm sorry. i meant representatives. >> voluntarily there were -- honestly there were questions from the left and right. some people want to move faster,

some slower. it was clear in the room that the leadership had broad support and consensus. >> shepard: what is it the republicans are hoping to get here? >> i think negotiations. the speaker has been very clear about that. he wants the president to agree to sit down and have a serious discussion about the long-term drivers of the debt and deficit and see if there's some way to address those problems. where i'm glad both sides agreed clearly they dent want to put the faith and credit of the united states at risk. i think that was strong signal today. the speaker also said, when we sit down, one of the things we'll be talking about obviously is re-opening the government. >> shepard: i wasn't aware -- >> -- i wasn't aware that re-opening the government was part of a proposed bill? >> no. not part of a pro -- proposed bill.

this is about getting negotiations underway, and the speaker said what you saw in paul ryan's op-ed in "the wall street journal," obviously when you have a government shutdown you talk about how you get it back open, and then i think there's a possibility down the road, chops you get into long negotiations, that eventually work in tax reform. so this could be the beginning of a process that goes on several weeks, perhaps a couple of months, and ends really in a very substantial deal and something that moves us past this series of debt ceilings. >> shepard: why is the government shut down? >> have of it is not. we actually never shut down civilian defense workers. there was some confusion at the pentagon. essential personnel at work guaranteed everybody their way. the point you're making, we ought to be bringing people back to work shouldn'ter rather than later. shep then that's changing. more and more people are going

away each day. a headline from christian science monitor, government shutdown forces 90% of staff cut at the nuclear regulatory commission. the agency had been able to skirt the shutdown by using carryover funds but the funds have run dry. that's happening in agency after agency, and along the way the polls are changing. the gallup organization, since 1939, has been asking an open-ended questions of americans. what's the biggest problem in the united states? this year more people said, the government, than at any time in the history of this country. and in addition, the lowest republican approval rating in the -- in recent history, where in 1999 when the impeached bill clinton. that was 32% now. you're at 28%. are you concerned about your party? >> i'm concerned about the country. i represent a district with a lot of civilian defense workers and women and men in uniform, contractors. so i've always been an opponent on shutting down the government.

i don't think we had to get here. i think if the president has been willing to sit down and negotiate earlier, the speaker offered him a way that both sides can come together and begin productive negotiations. i hope he takes it. >> shepard: thank you sir very much. we'll talk to a maryland democratic congressman john delaney and brain -- bring in dana perino as well. this is "shepard smith reporting" from the fox news deck. she loves a lot of the same things you do.

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>> shepard: 24 minute past the hour. we heard from tom cole. let's bring in democratic tom den -- del laney. you were at the meeting.

>> which meeting. >> shepard: a meeting yesterday where democrats came together to discuss all this? >> right. we did have a meeting at the white house and we talked about what is going on, and then we talk about the consequences of violating the debt ceiling, which is significant, and we talked about the general state of play. >> shepard: you have 100,000 workers in your area. where are you in this? >> we have a large concentration of federal workerses in our district so this is jerry upsetting for them and me. so this is a bad thing from the district's perspective and a bad thing for the country. so we should be raising the debt ceiling, and we should be opening up the government and also be engaging in serious conversation about what is driving the fiscal trajectory of this country, and that's the entitlement programs, our inability to do comprehensive tax reform, whole variety of things affecting the fiscal trajectory of the country. we ought to be talking about those things. and should be looking at the

programs that are important to our future and making investments and those as present. >> shepard: representative kohl said almost the same thing. the republicans said we ought to be sitting down and talk about these things. now the democrat says we ought to talk about these thing, and yet nobody is talking about anything, the government is shut down and we're daysing a del ceiling? why can't anything get done in washington anymore? >> i don't think we actually have a fact based discussion. the problem with ideology is people go to the answer before they look at the facts. if we look at the facts seriously, my friend congressman kohl from oklahoma, very smart and wise man, and i suspect we agree on a lot of things. the facts are clear. we shouldn't be talking about the debt ceiling because it's a destructive thing for the country to violate the debt ceiling. that should be off the table in terms of funning the government, nothing product did comes from and it in facts costs the american people money. we still incur all the

obligations and it actually costs us money. we should talk about the real issues and if you actually had an honest discussion about the real issues facing this country from a fiscal perspective, the first on the list would be reforming entitlement programs. second would be some form of comprehensive tax reform that simplifies or tax system in this country and puts us in a position to have more growth and revenue, and then you'd also put back the money taken out from the sequester, like education, defense programs, basic research. those are dumb cuts. the question is, how do we get our leadership, our respective leadership to actually have intelligent and constructive conversations around the issues. that's what the country is wrestling with. >> that's the question the reporters ask. why won't they have these discussions in how just asked the questions the reporters are asking. there doesn't seem to be an answer and i don't know why. why can't they get down to the business of running the country?

they're in the business of poking at each other, the left at the moderates, the rights walking at the moderates. that's all you people seem to do up there and your approval rating is lower than amnesia. >> it should be low based on our performance, this embarrassment. congress and individual members should be embare rayed. the problem is how we define success. if we continue to define success in a purely political context, if that's how victory is measured, based on political wins and talking points and rhetoric and usedol, we get this outcome. if we change the definition of success. if the american people demand success, and if the american people actually start voting for people who come to this congress with a constructive attitude and actually want to work with the other side instead of rewarding each side, by the way -- rewarding each side for who can say the most extreme things.

who can poke at the other person the hardest. i've been very successful working on bipartisan bills, and people ask me how i do that. one answer i say is, i don't say bad things about people i want to work with. so there's a lot of things that have to change culturally in this institution, and the american people have to demand those changes. >> shepard: all right, sir, very nice of you to be here. democrat from maryland. >> my pressure. >> shepard: now we know what the questions are. no clue on the answer. can't get those. gunmen kidnap the prime minister of libya from his own hotel. we'll tell you about that and get dana perino in here and ask her why does everybody have very good questions and nobody has any good answers. why is the government shut down some why are we considering risking the full faith and credit of the united states for the first time in its history? maybe dane in will know or maybe she'll just have questions like all the rest of us. ♪

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>> shepard: a fox report now. more of today's top headlines from the fox news deck. the father of government surveillance leaker ed snowed snowden arrived in russia and hopes to see his son for the first time shin he revealed the nsa tactics to spy on americans. he add he does not believe his son will ever return to the united states. a team of international inspectors visited a third site in syria linked to the government chemical weapons program. and more trouble for boeing's 787. the dreamliner, japan airlines announced it delivered not one of two of the jets in the last day because of technical problems. one one plane, a glitch kept six of the seven toilets from flushing. must have been lovely. boeing temporarily grounded all

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>> shepard: a derrick early morning kidnapping as dozens of men abducted the prime minister of libya at gunpoint. the incident is raising red flags about the security situation in that oil-rich african nation. this went down in tripoli, and then, since then, libya has been struggling to establish a central government after the rebel forces killed moammar gadhafi. last year an attack on the u.s. outpost in benghazi killed four americans. and this morning, wilt says 150 gunmen pulled up into the prime minister's hotel before dawn, stormed inside, scuffled with guards and snatched the prime minister. state media report members of another my mil lit ya later rescue -- militia later rescued

him. jonathan hunt is here now. this is an obvious demonstration of security lapses over there. >> what it shows, shep, or appears to show, the libyan prime minister has very little control over his own government, and his own government has even less control over the country. libya is increasingly chaotic, difference functional, and if you want prove, consider this, the prime minister was kid naped, abducts, whatever you want to use, by a militia that is employed in part by his own government. he want then rescued by another militia which is employed in part by his own government. it all just goes to show that libya is in a state of chaos, and is getting worse rather than better. >> shepard: the reason all of this happened, what precipitated was, the united states went in and got an al qaeda leader, and now these folks who abducted the prime minister are blaming it on him.

>> yes. over the weekend, the alleged al qaeda terrorist was snatched by u.s. forces. the libyan government says they knew nothing prior to the operation taking place. u.s. officials contradicted that and there is some speculation militia acted to take the prime minister as punishment for him giving permission for that operation, and imagine the message that sends, shep, as the u.s. tries to get libyan cooperation in going after those who attacked the diplomatic outpost in benghazi. if they're saying, you cooperate with the united states, we'll come after you. it's a daring message and a tough one. shepship i don't remember the last time a prime minister got snatched in a while. >> yeah. >> shepard: we had two congressmen in here, democrat and a run, and both asked the exact same questions. why can't we get this done? they're supposed to get it done. remember? we elected them to do it. why is that? now they're talking about raising the debt ceiling for a

few weeks until it's time for turkey, somewhere between turkey and christmas. then the got is shut down and hundreds of thousands of people don't have jobs. dana perino will be here to explain why the government doesn't work. ♪

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>> shepard: set minutes before the hour. time for the daily slide show. today some pretty good pictures. this first one is from china. they had a horrible typhoon and in this typhoon the locals are having to evacuate 120-miles-an-hour winds, and folks getting out has been a very difficult task. this one is great. this is from india. the fireworks lighting up the sky over the golden temple. the celebration of the birthday of a sixth guru, and this is the

st. louis cardinals shortstop. pete zkozma, and this is too horsey. being built in scotland, a trip beaut to horsemen. and then this last one is a very nice picture. it's paul mccartney. he had a surprise impromptu concert in times square this morning, ahead of his new album to be released next week. just people wandering around in times square got a show from paul mccartney and that's our slide show of the day from the texas news desk. continuing coverage of the stepstore. house republican set to meet with the white house. they're offering to raise the debt ceiling for sick weeks if the president agrees to talk spending cuts but the proposal does not deal with the government shutdown.

some g.o.p. senators say it should include re-opening the government but for now they say that's not on the table. dana perino, used to be george bush's press secretary. and why don't we have a government anymore? >> i think there was date -- i thing in 2006 in that election next mid-term election when president bush lost handily to the democrats, we took a whooping, as president bush said, but since then -- i'm not saying this is republicans or democrats' fault. partly the media, the new way we all communicate. the politics of identity,ite politics is stronger perhaps than ever, the way we talk to one another. much less civil than before and negotiations -- the rudimentary principles of negotiations seem to have been thrown out to the window. >> shepard: harry mead just met -- reid umet with the

president. >> let's wait and see what the house does. when they send us something we'll look at is as clearly and closely as we can. under the same determination we have made. open the government. there is so much pain and suffering out there. it is really tear-jerking. >> shepard: there's so much pain. they're winning this. the polls are crazy. the g.o.p. approval lating is -- rate iing is the lowest than in modern times. they're at 28% and falling now. >> however, if you're the republicans and you think, we only have one side of the congress, we have the house, we have an amazing races in 2014, and they believe there are high stakes. >> shepard: you bet. >> they want to have a say in the debate. the number that surprised me was president obama's. >> shepard: way down.

>> the more to talks, the more interviews he does, the lower his approval rating goes. >> shepard: everybody is mad that nothing is getting done. >> you opened the segment by saying the republicans offered a least a way forward to at least have a conversation. can the democrats get off their high horse to say maybe that's a place where we can start? >> shepard: what do republicans want? i can't figure it out. they're all saying they want different things. >> i think that's right. and in some -- this is a new way of governing. >> shepard: who -- >> look to john boehner as the person who at least is leading the negotiations, but paul ryan's "wall street journal" oped yesterday was good. what they're trying to do is get president obama to admit that, one, america has a spending problem you look at the president's numbers. what would you do? if you have a situation where the majority of people are against obamacare, but they don't want the -- like the republicans trying to shut down the government because of obamacare.

shep it's the law. >> they don't want to increase the debt ceiling. >> shepard: obamacare is the law and we have way to change laws, you vote. they voted 39 times. they -- you want obamacare out, vote new people in. >> one of the things on the table is one year delay in the individual mandate. >> shepard: not on the table for the president. >> but it's something that is smart for the republicans to offer because it's a slow-moving fiascoes of the obamacare rollout -- looks like it's structure. i thought there were a few glitches, bugs in a web site. it doesn't seem like that's the problem. seems like a whole sale collapse of the system. >> shepard: how can i system collapse before it is up and running? >> i am rarely impressed anymore. i got to travel the world. this place is pretty amazing. >> shepard: seriously, you cannot move forward until they both get on the same page about what we're going gene to discuss? they can't even get on the same

pain what they want to discuss. >> we might have more of an idea of that tomorrow. whereas the president met with the house republicans today, or is about to meet with them, tomorrow meets with the senate. coming out of that by next week, pushing up against the debt ceiling deadline, you'll see the markets react and then usually congress will react. >> shepard: how dangerous for the republican is the divide? >> if you asked me two weeks ago when the rhetoric was so damaging, you could lose friends over it. it was very troubling to me. two weeks later, i think, wait, maybe the found a way forward, and they think they're key lessing. i think the democrats are in a little bet more of a pickle because the -- every sound bite is we won't do this or that and the house played this bad hand they were dealt, they've actually played it fairly well.

nobody looks good. politically. for the republican is it's not the collapse the media expected. >> come see our set on "the five." it's fabulous. >> shepard: your show is about people -- >> the way, john lennon in times square? >> shepard: that was paul mccartney. >> i don't know anything about popular culture. shepship i don't blame you. it's boring. i like lists. >> i do, took top 19, top inventions for your dog. >> shepard: anything for the dog is good. >> very good. >> shepard: please fix it. >> might not be allowed in here, too high-tech, dog hair.

>> shepard: a man declared legally dead stood before a judge and inosed he was alive. he had been declared legally dead for 20 years and goes, judge, i'm alive, and the judge said, no, you're dead. >> did he collect his social security benefits? >> shepard: we'll get to that. life could be hectic. as a working mom of two young boys angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time.

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returned home. the only thing is, a judge says the guy is still legally dead. and that judge will not reverse his decision. so the alive guy is legally dead and will continue to be legally

dead even though he is 100% alive and has always been. don miller is his name, he returned to ohio in 2005. two hours from cleveland, saying he was an alcoholic and unsure what to do after he lost his job in 1986. so he left the family in 1989 and he says he wants his life back now, including his social security number and driver's license and since he was dead he didn't have them. the judge said the request for a death ruling reversal came after the three-year limit. brad cohen is with us. nice to see you. >> nice to see you. >> shepard: there's a back story that has to do with benefits and child support and all the rest. >> the judge is not having any of that and the rope why is the law is very clear that you have three years, a three-year window, and in this case from 18994 -- from 1994 to 1997 to

say i'm still alive, and if you don't fall within that window there's nothing the judge can do or an appellate court can do. i spoke with his lawyer today. frank marley out of ohio. and i asked him, what is the next step and what happened? court? he said he was basically throwing a hail mary hoping the court would do something in equity, meaning doing the right thing. but the judge wants to follow the law and the law is three years from the day you're keir declared dead. >> he lost his. >> skimmed the family, went away, not to be seen. years later the family declared him dead. but he is very much alive. en in -- you can declare me dead bit i'm very much alive. >> it is problematic. i'm sure there's plenty of my, girlfriends want to do the same. the issue is what he can do from this point forward -- i spoke with his attorney as well -- like i said, what i think to the

right path to do is at this point is try and say that the wife committed some sort of fraud, that she might have nope he wasn't dead and at the time that she declared or she went forward with saying, hey, listen, he is dead because i want the kids to get his social security benefits, if she enough it was false he might have some sort of reprieve from what he is getting at this point. other than that, he's kind of up the creek without a paddle. >> shepard: dead but alive. >> the funny thing is, how do you go after a dead man for taxes or go of a dead man for obamacare or anything else. so he has some interesting issues coming up. >> shepard: good to see you. we'll be right back. if you think a prune is a prune, you haven't tried sunsweet, the amazing prune. enjoy plum amazins, diced prunes. i'd put these on a salad. these would be perfect for cookies. delicious and nutritious sunsweet, the amazing prune.

>> shepard: there's breaking news now from the fox news deck. the former astronaut, the fourth map to fly in space, and mercury

space suit in 1962, scott carpenter, died today at the age of 88. in 1962, he became the second american to orbit the earth. carpenter's wife patty con confirms his death was at 5:30 this morning at a hospice in denver. with his death, john glenn is the last mercury 7 astronaut still with us on earth today. >> and on this day in 1845, the united states naval academy first opened its disaster as the naval school in annapolis, maryland, and as the navy grew, intoso did the came, agreed -- graduating more astronauts than any other school. the list includes jimmy carter. the college started accepting women in 1976.

but it all started with a few dozen students. 168 years ago. today. >> and that's it for today from "shepard smith reporting." look at this. the dow likes talking in washington. the question is, can they get anything done? we're up 3 17 on yack ity yack. get something done. >> ten days into the government shutdown and we're moments aim from a meeting between house republicans and the president. is a debt deal at hand? and is that it why wall street is cheering? >> welcome everyone. this is "your world." ahead of that meeting, g.o.p. leaders calling for a temporary increase in the debt ceiling in return they want the president to start negotiating before any deal to end the shutdown. front and center, obamacare.

as the rollouts riddled with glitches republicans rolling out a new line of attack. michelle --