hello everyone. i'm greg along with andrea, bob, dana. it's 5:00 in new york city apparently. the death benefit fiasco is outrage in a bottle. the evil that seems lex luker than legislative. the refusalle to pay death benefits to men that died for their country. what's next, drowning orphans to save on laundry? blame the left or right. that misses the point, which is

how evil presents is itself. it's big, boring bland government. for government to work, you must be serving to the slab. it's one size fits all that associate lists as they avert their gaze from the horror rot. when big government moves it does so surely and slowly. rolling over those that's not supposed to see it. you don't fund widow sleeps. you don't complain about reusing gym towels while pay widow weeps. you don't do anything while a widow weeps except deal with the widow. any employee in any private company could tell you that. the government is public as the shutdown exposes the underbelly of unlimited bur ra say.

this may be the first non essential administration ever. furlough all of them. what they do in their free time might be worse. >> bob, to you first. wasn't there a plan in place for services needed for fallen soldiers? >> there should be one. two things occurred to me. when republicans passed this bill, they thought and duncan hunter said you could have paid death benefits if read 15 ways. the department should have paid them. no question about that. this is a screw up on both sides. >> heigl eriagle eric?

>> he did it with funding for egypt? >> hagle, what was going on? do you know? >> he tweeted about getmo. >> he's trying to find the right people? where's the priorities. >> he's a veteran. of course. he doesn't want dead soldiers not to get benefits. shouldn't he have known about this? >> duncan hunter thought if you sbreptd this legislation a certain way they could have gotten benefits. my question is this. why were the lawyers and administration choosing to

interpret it the narrowly tailored way that wouldn't give benefits? if that's the case why didn't chuck hagel stand up, go directly to the president and say i need your help fixing this? if i'm president barack obama i would go out there and say not just for pr purposes, because it's the right thing to do, let's make this happen. you know what he did do this week. he allowed illegals to protest on the national mall. that needed white house approval. he gave funding to egypt with his executive pen, signed the dream act. did a lot of executive orders. he doesn't want to do this for some reason. we don't know when he learned about it. >> he cut money to egypt. >> he sent money. >> we've seen a lot of deliberate punitive actions over the last couple of weeks escorting people out, putting up barriers. is it wrong to see this as

punitive or simply incompetent? >> there's a problem. you could look at it both ways. the environment we're in, you're going to say they did it on purpose or didn't. i don't understand. talking about incompetent, this is how you could have handled it. as soon as they heard about this. call the white house lawyers, say this is what's going on. then they could have said we caught a problem over the weekend but it's solved. no problem. instead they continued to rub the spot on the wall and make it so much worse. >> good metaphor. >> this is an exchange between the dod and congressman kaufman. let's roll that. >> you chose to do an interpretation to dismaximize pain. you've compounded the problem by your conduct and how you've

misinterpreted this law. >> i resent your marks. i acted on the advice of attorneys and our best reading of a loosely worded law. we did our best. it was not a political judgment. >> that is outrageous. what is that congressman's name? that bum. why didn't you write the law clearer? you didn't. now you want to come back to get these people. chuck hagel is a veteran and you're not. that's the worst politics i've seen in this whole thing. >> bob, he did respond. i acted on the advice of attorneys. that's courageous. why didn't you say i acted on behalf of the fallen troops. >> i understand that. dana's formulation was right. attorneys reacted to what was a badly written law that did not specify this. it was a republican law. what are you going to say?

you should have caught it. >> i don't think you can call it republican law. they all took credit from the president to senate to house. everybody was claiming the credit for passing the military pay act. i don't like the military being used as political pawn. i wish they would have quietly got it taken care of. looks like they had the power to do so. >> if you read the memo put out by duncan hunter's office, there's a lot of leverage to interpret this. interpret it, be flexible and have someone stand up and challenge it. >> how can the white house be comfortable sending out carney out everyday not giving henry a specific day when the president learned about this? they've done it with ap scandal. the president is above the fray or advisors think he's not going

to care. >> why didn't they write and say simply dealt benefits will be paid. that's not hard to figure out? >> fisher is still paying for this, right? we have 435 congress people vote in favor of paying the benefits. i assume the senate did or will do the same thing. fisher house has to pick up the tab. my point is, why do they have to reply on the public sector to take care of it? >> they shouldn't have to. it should have been clearly written. the president should have clearly caught it and defense department should have caught it. it wasn't kaulcaught. to use this thing to jump on this guy, by this punk congressman -- >> i think they used it as bait. this is why the the question obama learned about it which is

an important one. that's true on benghazi, ap, all these scandals. you never know. >> you know when he knew, when he heard it on the five. >> exactly. since when did they care about badly written laws. you're saying by the way, isn't this in the dod government shutdown contingency plan? attending other services necessary to properly care for fallen and families. isn't it there? >> it has to be appropriated. that's what the house did. that's why they did the bill. >> the senate passed it. now the white house is threatening to veto it. >> he signed it. >> earlier in the day, no. this is what i don't understand. the story broke on monday, tuesday? we are at thursday now. the president still has not said

anything about this. so to dana's point, you wonder why haven't they acted? do they think they could have used this against republicans. because of them, it's their fought and the public would have believed it. that's not how it's turning out. >> did they reinterpret the law in such a way to make republicans look bad. obviously no one wants to do this, bob. why did they interpret the law that way? >> ihink she's right about them not answering the question about when the president knew. the law was signed in place now a couple of days. >> no. >> when they answered questions they said we didn't catch it when the president signed it, what they should have said. there's blame to go around. nobody wants to see these people not paid. >> that's my point. why did they interpret the law so it wasn't possible. i want to go to ken fisher on

the kelly file last night. it's a new show. he's the ceo of the fisher house foundation talk about getting involved. >> we mobilized without hesitation and take over for the government in this capacity. >> did you volunteer it or did they call and ask? >> i got a call from a senator from west virginia asking if wide be willing to help. there was no other answer other than yes. >> when did you get the call? >> yesterday morning. >> yesterday? >> yes. >> interesting he got a call from whom? >> did you hear who he got the call from? >> i was trying to get an answer. >> senator mansion from west virginia. >> not the white house. >> not the dod, department of defense. >> good for joe manchin. he didn't put out a press release saying i solved this.

he did the classy thing. i think i have a solution. let me call the fisher house. it gets unveiled. joe manchin wasn't taking victory laps around the white house. >> he had the staff showing him answering his own phones. i thought poor baby you have to talk to your own constituents. if we take the irs out of it, the world war ii memorial out, the military chaplain getting threatened with arrest if they continue to serve god, maybe i could see this as an isolated incident. if you look at this especially with the shutdown. it's a trend. they do this stuff deliberately. it can't just be all income

tense? >> it could be. suggesting they target people for things like this is really going over the line. >> that's the issue. >> the thing is if your best defense is that we're all incompetent, that's a great defense. we suck. sorry. >> go us. >> go us. >> that's why the rest of america is looking at this and absolutely amazed. >> the rest of the world. think of how the rest of the world is looking at this. the american military won't pay for it's own military funerals. imagine the russian press. >> you could put the blame where it belongs on ted cruz and the tea party. you may not want to know what's happening in washington with the shutdown next. we're going to tell you any way next. a man with millions of that fails to claim his prize in time. we'll tell you his sob story coming up.

day ten of the government

shutdown and new government. house republicans are meeting at the white house with the president and expected to merge any minute. we'll go through today first sensing an opening this morning. speaker boehner offered president barack obama a six week hike of the debt ceiling. in return he wants the president to offer real spending cuts in order to reopen the government. >> we want to offer the president today the about to move. a temporary increase in the debt ceiling in agreement to go to conference on the budget for his willingness to sit down, discuss with us a way forward to reopen the government. i would hope that the president will look at this as an opportunity and a good faith effort on our part to move half way to what he's demanded in order to have the conversations begin. >> jay carney proved his instincts were right and agreed

obama would sign onto that agreement. that's what they said he said. i'm not sure he said exactly that. let me get you up to speed. in the meeting, senator harry reid who's not in the meeting said you know what, i don't think we're going to sign it. even if president barack obama agree, harry is not interested in separating the two ideas. >> question? >> question is who wins? who loses? is this going to turn on democrats? >> i think boehner did something very smart. he came to president barack obama and said okay, i'll raise the debt ceiling for a short period of time. president barack obama and white house aids have been on record saying they want a clean korean debt ceiling. john boehner is saying i may give you half of that. i think after the president has lecture sod much the american people, the consequences of defaulting on the debt, there's no way he can back off.

harry reid showed up you angry because he's taking heat, been the most stubborn. it will be interesting do see if obama will shelve him. boehner should keep the government closed like he said he was going to and link the irs in taking their about to enforce the the obama care mandate out of their hands and make the bargaining chip. >> the world is seeing house republicans put together a bill that gives obama what he wants. he wants another trillion in the government checkbooks. he's got exactly what we wants. why can't he make a deal? >> there will be a deal in 48 hour, maybe less or few hours more. it's in the mix. senator collins a republican is now maine saying she's been tasked with coming up with a compromise between republicans. she doesn't think it's just the debt ceiling alone that's enough. you need to open the government

with things put on there like government people take the insurance themselves, medical device tax, things that the republicans can say okay we've got something out of it. in the end, let's not kid ourselves. this was a bit of a blink. nobody comes out of this smelling right including me. i want to apologize to that congressman. jo apologize for what you said. you were a veteran and i apologize for that. there you go. >> dana, can we talk about this. the market loved the fact the republicans said hey we have something for you. >> and from a communication standpoint, if your boss looks like he's the one that dug in his heels and not practicing the principles of negotiation and then john boehner the adult in the room that comes out and says we'll offer this. i define that as very smart. i think they'll get it. one thing the white house doesn't want, they don't want to

do this every six weeks. to do this again would be a disaster for the white house. they wouldn't be able to deal with anything else that they really want the president to do in three years. . the pollings showing republicans were taking a hit on this. does this deal that boehner offers and have the democrat say no, does that turn and put the blame on them? >> if the republicans got less popular, they would be the media. i hope that this happens every six weeks for two reasons. i can recycle all my jokes and b, maybe it does keep them from doing other things like enacting foolish climate change legislation to hamper business. let them walk around doing this crap. four or five weeks if you were in a coma, you didn't miss anything when you came out. >> we're day ten in obama care. they promised it would work

properly. take a listen. >> i want to be clear. we're ready to go on october 1st. >> on october 1st everyone will be able to enroll one way or another. >> most of the stories you'll hear about how obama care just can't work is not based on facts. every time they have predicted something not working, its worked. >> these marketplaces will be open on tuesday no matter what. >> he failed to mention which tuesday. >> i think there's no denying here what they probably should do, they need to pull back here for a second. this thing is not working. it's not just a glitch. it's an architectural design problem. could we make one other point here? the republican party in the poll from the beginning of time sunk to the lowest level in history.

you have to ask yourself a question. at what point did they not offer themselves? >> let's stay on topic. greg, we don't know how many people signed up. did not a lot sign up and they're embarrassed? >> saying obama care is decent is like saying -- you know what president barack obama says about everything. we knew it wasn't going to be easy. easy is a marker of success. when something unfolds like an apple launch, there's all these people that work hard to make it happen. he thinks we deserve the punishment of failure. never said this was going to be easy, and it's your problem. he never read the bill. he didn't care. this was some kind of thing he let pelosi do. we're now all getting it. his excuse, never said it would

be easy. >> they said this is to make sure that 38-40 million people can get health care. they knew a lot would hit it. their web design per said they could have done this a couple of hundred bucks. >> i wish they would have been smart enough and not said october 1st it's going to be great. if you pull all those sound bites together, they told the american people this would be set. it's not set. what is set is that you will be fined at the end of the year. you'll get a fine from the irs if you don't have health insurance set by december 31st. >> it's a tax. >> oh it's a tax. >> an editorial on usa today saying obama care is simple and user friendly. if i'm her, why wouldn't i eat a little bit of crow and explain

there are problems and ask for patience. instead they tell you the opposite as if people are stupid. president barack obama had his hands off this thing from the beginning. pelosi did it. i don't understand why he doesn't take the delay of the individual mandate. i can't believe republicans would give him an out like this. >> one fast thing. somebody here should hang for this. what's amazing to me, obama shouldn't have to deal with this day by day. no president does. somebody should be sent out the door for this thing not working. the nsa takes 11 billion e-mails and calls a single moment. obama care can't handle 50,000. >> they should pay the media. they're not jumping on this. this is a catastrophe. >> got to leave it there. and this meeting is turned

to a side show. >> have you been consults with the devil? >> no, sir. >> the irs official played right along. that's up next when we return. [ male announcer ] meet mary. she loves to shop online with her debit card. and so does bill, an identity thief who stole mary's identity, took over her bank accounts, and stole her hard-earned money. unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life. this is identity theft. and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. if mary had lifelock's bank account alerts, she may have been notified before it was too late.

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well the same agency that's been targeting the tea party and conservatives is in charge of making sure that you signed up for obama care or you will pay. good old irs and the same woman that headed the division, did the targeting now has enforcement division. people are concerned about sarah

hall ingram's powers. a democrat from virginia made a mockery of them yesterday. >> you're under oath. have you been consorting with the devil? >> not to my knowledge, sir. >> are reports that you can fly accurate? >> greatly exaggerated sir. >> have you been involved in any way in trying to pervert our youth in salem or anywhere else? >> i certainly hope not sir. >> you sure? >> yes, sir. >> mrs. ingram, i want to say at least on this side of the aisle you're an esteemed public servant. >> what a mockery. on the same day you saw that happen, a report was release had the likely that office that sarah hall ingram worked for sent taxpayer information to the white house to talk about the contraception mandate. he made a mockery like it's a big joke. >> i know it's 5:30. am i allowed to use the word

d-bag. he's a monumental d-bag. he's mocking the constituents that pay his salary. he was the cog of the machine. it's disgusting and an attack on witches. they never would engage in this corruption. if i was a sor sero witch i wou spell on them. >> no one has been fired, everyone is getting benefits it seems. they take this as a big joke. >> bob asks the question time and time again, where's the committee? why can't they get answers? because this jerk asked stupid questions. that was a colossal waste of time. you have half the committee who are democrats doing stuff like that instead of caring about the

country. they don't give a crap about the country. they care about making sure they don't look bad. if they cared about the country they wouldn't -- can i make a point? that man had five minutes to ask a pertinent question, important question to all the country whether democrat or republican. what the hell is going on? he chose to make a joke talking about witches in salem and things like that. that's disgusting. >> i think it was a terrible question too. you can't indict and say all democrats don't care about the country. >> do you think they're asking tough questions on the hill from democrats? >> i haven't heard all of them. >> we edited that one. >> it was the only one we picked out. >> since the media isn't asking tough questions, our own jenkins decided to fall sarah ingram and ask questions. >> what assurances can you give

the american people that the united states is competent at this time to oversee obama care? can you give american people assurance there won't be targeting under the obama care enforcement? what role did you play in the organization you oversaw? incredible you won't stop and give confidence to the american people, some assurance this will not lap under your watch as the obama care person. >> we're always looking at their back, dana. like on the way out with fire trails. >> the democrats as much as i said to have the laugh track behind and staff high fiving behind because the boss was so clever. they forgot to provide the exit plan. you always have to have an escape. the best part we didn't show, they get lost on their way out. they can't find their way out of the building. it was pretty funny.

>> the roadrunner always finds a way out. >> the d-bag thing was funny. >> thanks. >> next our antibullying programs in america createsing more bullies? dana has surprising statistics when we come back.

welcome back to the five. over the last two years the problem of kids bullying kids has gotten more and more media attention. in fact this month it's national bully prevention month.

you might remember this powerful documentary that shine add i light on the issue last year. >> i feel nervous on the school bus. i have trouble thinking. >> they say he's a geek. some kids told him he's worthless to go hang himself. he got to the point where enough was enough. >> a perkins boy just 11 years old believed to have been desperate enough to take his own life. >> schools in the country have developed programs to counter bullying. according to a study, some of that may have an opposite effect. students at schools with those programs mooi be more likely to become victims of bullying. >> is it that you can't

legislate human behavior? >> yeah. in a way you have to punish acts instead of creating programs. a lot of bullying is cool over decency. cool is a psychological velvet rope of exclusion created by people that want to be hip to mar marginalize others. i find celebrities that talk about bullying are hypocrites. they are the the bullies:all you've got to do is punish one in front of others and that's it. you don't see anybody punishing those people. in that video, there was no punishment going on. >> i was going to say because you're a dad of a 15-year-old son, strong parental guidance and parents that aren't afraid of students and consequences of discipline, is that the answer? >> i agree greg.

forget the legislating. let the punishments be severe harsh and quick. the real issue is dana, you hit it, parents aren't teaching kids. when your kids are getting bullied they're up in arms. when your kid is the bully, it's okay, i don't want to deal with it. >> these kids need to be taught what you're doing is hurting kids. absolutely could be happening. >> i was going to say to andrea, it's not just boys. the cyber bullying and things that happen online. a lot of girls involved. these programs aren't helping. why do you think? >> i agree girls have become worse than boys. i believe because the schools don't take action. they say they do, but they don't. to eric's point, parents aren't wanting to deal with their child being accused as a bully.

they'll go in and defend their child. the school says one word against another word, we're going to let it go on. it's like the movie mean girls. the internet has made it worse. schools have to toughen up. parents need to get involved. this is where the local media can be of help to put pressure on schools and school districts to put really harsh penalties in place and zero tolerance. >> last word to bob. i'm sorry we're running out of time. why do you think the programs aren't working? >> part of a program ought to be the punishment. that kid, that horrible video, you know what should have happened. i've never seen a bully who's mother or father wasn't a bully. their parents should have been put in jail, kid should have been put in jail. they're punks. to allow their kids to do that to a child like that goes to your doorstep. that goes right home. when you look at a bully, go back to the house, you'll find bullies in their home. good point. up next, with the back and

forth bickering in washington, not here on the five, bob has an important reminder for all of us. stick around for that.

test test

i don't really share many political views with my cohost at this table as you know. i'm thankful to call each and every one of them a friend for life. it's important to not let politics get in the way of friendships. this is summed up by another one of my friends for life. >> we are defined by labels, liberal, conservative, gray, straight, secular. labels keep us from knowing each other. it's also a lazy person's way to avoid the time it takes to develop deeper relationships. if we can pigeon hole people we think there's nothing else to know about then. it saves us time but costs greater value. politics and parties come and

go. true friendships last forever. bob is a tru admire for things matter most. >> the message is far bigger than just the two of us although i share the feelings cal back at you. it is true that it's getting worse and worse. let me ask you dana. do you think this division is something really interrupting potentially good friendships? >> not in my own personal sheerns. >> you don't have friends. >> i have a dog. >> here's an example. there's a reason you don't talk politics at dinner parties. you can fall out with friends or families. the biggest fights at thanksgiving is when uncle so and so brings up politics. we don't have that here. when i worked at white house,

you were surrounded by people that all agree with you. when you break out of that, you realize you can't have friendships. the identity of politics have become stronger. people don't join groups anymore. you're identified with a smaller group of people and talking amongst yourself. >> you and i have significantly different politics to say the least. i'm a liberal and you're wrong. seriously, do you think this identifying people by labeling them is causing us -- forget just friendships but the bigger question as a country, as a government, are we grinding to a halt? >> becoming more partisan. it we've talked about this on our show. we've been airing a bunch from your karen speech. people say do you really like

bob or just saying that? >> i can be completely opposite of what you say on air and go out and be okay with it. i do think you're wrong. >> we have different views on the tea party but we'll get over that. >> i think cal is right. it's easy to put people in boxes and not deal with them. tolerance is changing something in yourself. we all prejudge. people that throw away racist levels and prejudice, everybody does it. is it right? no. we should be more accepting of others. i'll never date a liberal. >> you don't prejudge anybody do you? >> i don't like anybody. the most important phrase is identity politics. we're living in a time people want to be defined by who they

are not what they do. whether sexuality or ethnicity, i don't want to be around you if that's what you are. if you're happy about what you have no control over, i don't want to be around you. it doesn't matter what you are. it's what you do that matters in life. i don't care if you're gray. i don't care if you're lesbian, native american. i don't care. >> good for you. >> i think that's a good way to end that segment. one more thing up next.

time for one more thing. i'll go first.

catch me tomorrow night hosting o'reilly. >> you're going to be on there right? >> yep. >> there went that. >> that was amazing. who's next i forgot? dana. >> i love this one more thing. postal service has decided to destroy all of the just moved stamps they just did a whole press run on because of concerns from the president's council on fitness, sports, nutrition over alleged unsafe acts depicted on three stamps. canyon ball dive, skateboarding without knee pads and a head stand without a helmet. also included in this was walking and jogging, balancing, stretching. so there's your tax at work. >> very dangerous. >> i want to introduce you to my very best friend, a guy i really feel tight with. he and i don't share the same

political philosophy. without him, without teddy, this would not have been a successful time for my party. teddy, i want to congratulate you and the republican party for driving everything off the rail. i support you for the republican nomination for president in 2016. all i can say is teddy, teddy, teddy. there you go. >> finally we agree on. >> remember this guy. as soon as obama care opened up he was allegedly the first patient. he tweeted this. chad henderson. said enrolled in obama care. bla bla bla. turns out he worked for president barack obama . he worked for ofa. they made a big thing for it.

it was all b.s. >> do you remember when they made the videos from them? >> they're a bunch of liars. >> there's somebody in indiana missing a $1 million lottery ticket. someone had it and didn't claim it. they missed the 180 day window. that's not as bad as the person that missed the $50 million ticket. what a bummer. >> somebody has the ticket and didn't collect it? >> that was the old ticket. meagan kelly is stopping by tomorrow. be sure to catch the show. that's it for us on the five. thanks for watching. see you tomorrow. sp

>> good morning. it is october 11th and day 11 of the government shut down. deal or no deal. while you were sleeping lawmakers of both sides of the aisle meeting. are we closer to a deal to end the shut down? >> hours from now hundreds of truck drivers will hit the brakes in the beltway. their strong message for congress and the president. >> are terrorists planning another 9-11 type attack? yes. according to a memo sent to u.s. airways by lot. frightening details about a dry run that has