we will see you tomorrow morning at 5:00 a.m. "fox & friends" starts right now. bye. goodñi morning. it's tuesday, october 15. i'm elisabeth hasselbeck. all eyes on washington today as senate leaders inch closer to a deal. but that doesn't stop the nasty rhetoric from democrats. >> when you start acting like you're committing domestic abuse, you've got a problem. >> does that sound like civility to you? we report, you decide. >> the barricades they tore down already back up in washington, d.c., but our nation's heroes are not backing down. we'll tell you what they're doing this morning at 9:45 in d.c. >> now you see her, now you do not. selena gomez takes a nasty fall in the middle of her concert. how did she recover? did she recover? did she quit the business and go back into sitcom?

all those answers shortly. ♪ ♪ >> this is joe theismann and you're watching "fox & friends." >>steve: joe is a friend of ours. welcome aboard, folks, live in studio e in midtown, manhattan. of course you'reñr notñr interested in us. you're wondering whether or not the government is going to continue to close down. the president yesterday was doing his best to scare the markets, but it looks like at the 11th hour a deal could be close. >> that's right. there's a possible framework being built up right now in the senate. they are looking to reopen the government until january 15, 2014. >> through the holidays. we'll be back in this mess. >> debt limit extension until mid-february. then the obamacare provision that must verify obamacare applicants before they receive subsidies. in thousands of pages that

part wasn't included. >> why was that a plus for republicans? shouldn't that be a plus for anybody? if you don't belong in the country, you shouldn't be getting obamacare from tax-paying dollars because you're not paying taxes. >> maybe that's it. people who are in this country and could benefit from it, could benefit from it. >> here's a situation where you've got three things. you get the debt ceiling raise. that's good for the president. you have the government back being funded. that's good for everybody. but then you have a situation where the republicans don't seem to be getting much bang for their dollar. the only thing they're getting is verification and they're only going to get it if they give up this thing called a belly button tax which is a big $65 for subsidies which seems to be going mostly to the unions. they're not even getting verificationñr unless they give the belly button tax.

>> you know what? the president, he said he wasn't going to negotiate, and yesterday he had to negotiate. he said he wanted a clean c.r. and a clean debt ceiling. he's getting dirty both. he said he would not touch the affordable care act. and they are tinkering with it. nonetheless, i get where the republicans were going. john boehner's got his hands full. then you look over at the senate side, and you wonder who are mitch mcconnell dealing with? he's dealing with people like barbara boxer. we're at the 11th hour. it looks like a deal is done. and what does she do? out of her bag of insults, she pull this one. >> when you start acting like you're committing domestic abuse, you've got a problem. i love you, dear, but i'm

shutting down your entire government. i love you, dear, but i'm going to default, and you're going to be -- >> the house is saying that is the attitude we're getting? this is the deal we're getting? boehner, kevin mccarthy are going to sit down and say this is what we've been talking about. this is what we got. i don't see how the house says sound good to me. the house said they wanted to fund obamacare, then delay obamacare, then talk about attacking the deficit. i don't see anything. why would you put together a proposal which is in the best interest of the country -- >> what do you want them to do? >> let me finish. in the best interest of the country that has over $17 trillion in debt. how could that be in anybody's best interest? how could the democrats say this is a victory for us? what country. >> could i go back to barbara boxer. on behalf of women who suffered oppression of any

sort of abuse within their home by anybody who supposedly cares for them, for her to trivialize domestic abuse and compare it to political negotiations seems to me -- it seems so wrong that i bet that all the women's groups around there will be awfully quiet today. everyone should be loud about barbara boxer's comments today and their concern about how does this make politicians look. how does it minimize the abuse women suffer under the hand of someone who's been wronging them and putting them under oppression. this is, to me, on the eve of peace, we're looking at a deal possibly being done, to go and minimize the abuse that women face. unfortunately -- i am beside myself that she would go there. >> it's over the line. >> just add that to the list. >> meantime let's tell you about this. we know you were very interested in the march on washington, the million vets march that took place

on sunday. there's another one today, as it turns out. the military coalition unites to end the government shutdown is going to kick off this morning at 9:45 at the world war ii memorial just as the -- and there you can see some of the activities on sunday. just like sunday what they're interested in is restoring military vet benefits. the national guard canceled their drills affecting readiness. also the department of veterans affairs has a backlog of disability claims. and a third of the veteran benefits administration has been furloughed. so there are a lot of veterans issues out there that simply have been going by. they hope a lot of people -- in fact this organization is really 33ñr different groups -- will be showing up today at 9:45 at the world war ii memorial. >> representing over five million veterans. they have reason to be concerned. the v.a. has been backlogged going into this situation. if we go into october, all those claims come to a complete halt.

they have reason to be there today marching with cause. >> dennis michael lynch was there this past weekend. he was on last night with megyn and talked about what he saw as he took these exclusive pictures. >> when they carried those barricade, they were carrying america. when they took those barricades and they threw them in front of the white house, they were throwing the frustration of every american who had because this is the way that d.c. operates. until this country comes back together, we don't have a chance. and the only way this country is coming back together is through the american people. the politicians aren't going to do it. >> amen. >> yesterday, if you look at what happened yesterday and you look at the big picture, the way the pentagon has been acting and they're not funding, they're not funding the veterans where the death penalties are not passed forward.%juxtapose the fact that

this is not 2013 but go back to 2006, 2007, think about this. the outrage people felt towards george bush because they didn't want the surge to work and donald rumsfeld, you get the army you're given, they could not take a deep breath or turn around without being criticized. compare this secretary of defense and the lack of heat he has felt and the president and the lack of heat he has felt to the past one. that moves what bernie goldberg did last night. >> if george bush were president when this screwup happened and donald rumsfeld were secretary of defense, they would have been hammered. bush would have been portrayed as a hopeless dunce and rumsfeld as a bloodless techno crat. but now the blame hasn't been put on the president, even though you correctly said he could have signed an executive order. nor on hagel. god knows where he was during this whole thing. but it's being blamed -- where blame is assessed, it is being blamed hopbt shutdown. and we -- being blamed on

the shutdown. and we know what that means. the shutdown is the republicans' fault. that is how the american people are seeing it. so i do think that the president and the secretary of defense, they got off kind of easy. >> they did. it goes to show you a double standard. but we talk about that every day. >> absolutely. heather nauert has headlines for us. good morning, heather. >> good morning. did you hear about this news that came out overnight about al libi. this is fascinating. he is now in the united states. one of the world's most notorious terrorists is now on american soil. aby anas al libi will be arraigned in federal court in new york city later today. counterterrorism officials planned to interrogate him on the u.s.s. san antonio for weeks but his transfer was sped up because of health problems. he has hepatitis c. this capture happening more than ten years after he was indicted for u.s. embassy bombings in africa in 1992. we'll be watching that as it develops.

it is not just your e-mails. the n.s.a. reportedly collecting information from your buddies. according to "the washington post," the agency collects half a million buddy lists from chat services and e-mail accounts. the n.s.a. insists it is not interested in the average american, telling reporters -- quote -- "the n.s.a. is focused onñi foreign intelligence targets like terrorists. we're notñr interested in personal information about ordinary americans." we'll watch that one as well. another dry ice explosion at los angeles international airport. this time police finding two bottles containing dry ice at one of the terminalsçó there. the airport was not evacuated. you may recall that on sunday night a plastic bottle containing dry ice exploded in a bathroom. police sayñi they do not believe that those incidents are(ekáerror-related. an american hero receiving the medal of honor at the white house later today. retired army captain william clemson saved one of his fellow soldiers

during one of the most dangerous ambushes during the war in afghanistan. this video shows him bringing a badly wounded sergeant, kennethçez westbrook, to his helicopter. he stopped to kiss him on the forehead before he then westbrook later tide and swenson will become the sixth libyan recipient to receive the award. >> he died. 4hs family was so thankful the care between brothers on the battle field. >> 11 minutes after the top of the hour. coming up, one common link with all these men: mental illness. should we track their histories or does that violate their civil rights? >> syria dictator bashar

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>> james holmes, adam lanza and aaron alexis battled mental illness. new york city hospital would like information on patients following a psychotic episode. >> is this violating rights? let's talk to the doctor. after every one of those episodes, we said where was the record? they had a history of

mental illness and yet nothing was done. this is a step forward but is it appropriate? >> it's important to distinguish their actions from what new york city is trying to do. new york city has an initiative that's targeted at individuals between the ages of 18 and 30 that have new psychotic episodes. it is an extension of the safety net. they're going to check on them and make sure they have been linked to treatment which i think is a good idea. >> what do you mean check on them? >> what the hospitals have required or what's proposed -- because it has not been definite yet. they vote on october 22. what they're proposing is whenever they come into hospital with a hospital emergency room that they provide a record with their name, address and phone number with the thought that new york city can say do you need more treatment? do you need options? >> i think there are 60,000 new yorkers right now, according to researchers, that suffer from psychotic illness. is this a mandate? when they enter in the 30-day period, they're asked to participate in

this linkage to care. what if they don't want to? >> they still have a right to refuse. the only people that can be mandated for treatment are the courts. you can be psychotic as long as you're not a danger to yourself or others -- which you can be -- and still walk around the streets and be in people's homes. i see it as an extension and i think possibly could help. what we know is if you can treat someone early who has a psychotic episode perhaps you can prevent further episodes or certainly get them used to going in and establishing rapport with their doctor. >> is this a reaction to the news we've been hearing about mental illness and violence? or is this something in the works any way? >> it's been within the works. we know that mental illness is treatable and there is such a stigma against it, sometimes that stops people from going in for treatment. with the mass murderers, 60% of them let somebody know they were thinking about this. 30% had a specific plan. if you have a friend who is

thinking about hurting someone, alert authorities. don't let them carry out a heinous act. >> would this have stopped any of the things we're talking about? >> they're not linked. >> if they were on record? >> there are a number of people who have mental illness who are not violent. we don't want to stigmatize or make people paranoid about the fact that they have a mental illness and are going to be followed. in these cases, two of the three were in active treatment. however, everybody in treatment is not necessarily taking their medication. it gets back to having a clear relationship with your doctor, taking your medication, lose the stigma and understand we need to prevent tragedies especially related to people who may be paranoid and think other people are out to get them, they have a vendetta and hurt innocent people. that's what we're trying to stop. >> dr. taylor, thank you for that information and being with us this morning. crowd of people clearing the shelves when their food stamp cards had no limit. but don't hold them

accountable. who is being blamed for this one? >> stuart varney is here. we want to know is the president trying to get the markets react negatively to make the g.o.p. cave. stuart, you're next. come on in. ♪ ♪ [ tires screech ] ♪ ♪ [ male announcer ] 1.21 gigawatts. today, that's easy. ge is revolutioning power. supercharging turbines with advanced hardware and innovative software. using data predictively to help power entire cities. so the turbines of today... will power us all... into the future. ♪

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we've got quick tuesday morning headlines. new video showing people in the philippines running for cover after a 7.2 magnitude earthquake hit. at least 32 people were killed. several buildings, including an historic church, damaged in the quake. could it be a new clue in the disappearance of a yacht with six americans on board? new satellite images of a ship just turned up, and

the ship, the images is the same size as the nina, which went missing five months ago. we'll keep you posted. brian, over to you and stu. >> we've got a couple of days before the default deadline. no deal has been reached yet and the president continues to issue warnings. for example. >> the last time that the tea party republicans flirted with the idea of default two years ago, markets plunged, business and consumer confidence plunged, america's credit rating was downgraded for the first time to actually go through with it, to actually permit default, according to many c.e.o.'s in the calmness would be, and i'm quoting here, insane, catastrophic, chaos. >> we got that. so is the president trying to get the markets to react negatively? maybe for the first time in my memory, to put pressure on the g.o.p. to cave?

here with his thoughts varney and company's own stuart varney. stuart? >> yes. the president is directly blaming the republicans. he's spinning the word default. we do not default at midnight wednesday if we don't have a debt ceiling deal. we simply don't. we've got a long time before we actually default. and the president is playing the fear factor here. he's saying watch out. the stock market's going to plunge if those wicked republicans don't fall in line and get an agreement. all this is not working for the president. number one, the stock market is not falling. the dow jones industrial average is around 15,300, 300 points away from an all-time record high. that is not a plunge. and the president hasn't created a plunge with this fear he's putting in the markets. >> would you also sayñi the reason it didn't plunge friday is because they were optimistic on a deal? and the reason it didn't plunge monday is the word is they're getting close on a deal? we have not seen in press

conferences it has fallen apart and tomorrow is default day? >> it looks like there is a deal in the senate. whether it gets through the house or not is an open question but there is clearly progress towards some kind of deal. remember, it is a can-kicking deal. you just kick it down the road until december, kick it down the road until january. you're going to have the same arguments in a few months but you've avoided this deadline. >> you know what is inresting, the december 13 deadline. that is when they have until the sit-down and work out a budget, a budget that looks at sequester and says is it necessary to gut the military to this extent? is it necessary not to people in control? that will be interesting. >> mid-december is the time we haveñi to decide where are we going to spend our money in the future. the sequester cuts are up for grabs. the democrats and the president do not like these sequester cuts. they want to change them.

republicans want to keep them in place. same argument all over again mid-december. >> the people are talking about democrats want this, republican want this. all we should talk about is getting our budget in line. how to do that should be interested. they've already raised taxes. why is it okay to raise the debt ceiling? >> i think that the level of public frustration and anger is as high as i've ever seen it. it's really intense out there. people are royally annoyed at what's going on. they want a deal. >> they want a deal, but what does that deal look like? we'll see what the house says about this. we're going to watch "varney and company" at 9:20 today. four minutes before the bottom of the hour. straight ahead, a christian ministry labeled a hate group on the same playing field as the kkk. we take a closer look because we should. a man told he was too heavy for one airline seat, so he needed to buy two

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♪ ♪ your shot of the morning. selena gomez taking a nasty spill on stage in the middle of her concert in virginia. the singer was not hurt. she got up and started back dancing again. if selena goes miley cyrus on me, i've been stunned. we have known her. she has been here since she was a little kid. she's amazing. i was impressed with her as an actress let alone a singer. >> we met her when she was 16? >> yeah. i think earlier too. >> a good amount of perseverance there to keep performing. >> i would have quit. if i fall on stage, i'd call it a day. >> what if i push you?

>> that would be something i would sue you for. >> we have lawyers all over the place. listen to this. we want to introduce you to a man by the name of les price. les is a big man. he weighs 518 pound. he was flying from the country of ireland probably to his home in wales. he said i'm going to need to buy two different seats. so the airlines sold him two different seats. but there was a problem with the two different seats. >> he prepays for the two seats. on one of the legs he gets on, he finds out one of his seats is in row 17 and the other seat is in row 19.çóñi really. this is a true story. one was on one flight and the other seat was on the other. no. it was two rows apart. certainly he was upset by this. he said if i prepay for two seats they should at least be together. >> i feel bad for him. he is 518 pound. he is a guy that lost his job and lost his wife.

and he's been eating, he says, because he's been so depressed, comfort food. but he's using this as motivation. people reached out to him. he is going to start getting healthy. he's going to start losingñi weight. >> here's the thing. he did the right thing. he took responsibility. he knew on that airline -- here's the interesting thing about the story is they do not identify the airline but if it was flying out of the ireland it was probably british air or air lingus. there is a limit, if you way over 200 pound you have to buy two seats. one guy, two tickets. you do the math. >> obviously a complete insult. but he went into it so mindfully, really respectful to everyone involved. hats off to him. >> we'll monitor his weight because he's going to start losing it. meantime, heather nauert is with us to tell us what's happening on the news. >> 34 minutes after the hour. headlines to bring you now. jury selection in the trial

of a onetime prominent utah doctor now accused of killing his wife with a deadly cocktail of drugs allegedly so he could continue an a fair. they said he pass terd his wife to get -- pes terd his wife to get a face lift and then asked had i physician to give a lethal prescription. a computer glitch leaving e.t.b. debit card with no limits so people tried to buy up as much as they could. xerox said there was an outage after a backup generatorñi malfunction. wal-mart pointed to xerox as the problem but the company says they should have places in stop these

types of problem. >> look at all that food right there. >> by the way, one lady apparently she had -- i'll tell you about this after this next story. should high schools be allowed to give drug tests to students? that issue is outraging a bunch of parents who gathered at a school board meeting in ohio to protest the proposed policy. >> it's not running rampant through our school so beyond why we're taking such -- so i don't understand why we're taking such a strong stance with an issue that doesn't exist. >> it should have been mine. this was bashar al-assad's response when reporters asked him about the nobel peace prize being awarded to the organization that works to ban chemical weapons. according to a lebanese newspaper, the remark was said just in jest. back to those e.t.b. cards at wal-mart. here is one story.

a lady had 47 cents credit on that card and tried to buy $700 worth of groceries. >> did she get it? >> no. apparently wal-mart said to her if you return the food, we will not press charges. >> she did return it? >> yes, according to local reports down there. >> bring back the bisquick. by the way, additionally, you know, we saw all that food because so many shoppers just abandoned it. i've got to pay for it, i'm going to leave it here. wal-mart had to throw it out. the perishable stuff, had to get rid of all of it. they felt it was not -- >> sour cream went sour. >> there you go. time for the weather. good morning, maria. >> good morning. we're looking at a storm center slowly creeping eastward over the next several days. we're looking at areas of rain forecast across parts of the great lakes down to texas. we have those showers and storms across parts of

minnesota as well and also north and south dakota. on the backside of the storm system where we have cold temperatures, that snow is coming down right now. we're talking locally upñi to six inches or more of snow across parts of rapid city, across sections of colorado and also wyoming. otherwise take a look at the forecast. snowfall closer to rapid city, locally six inches or more. and rain stretching from texas to the great lakes. but east of the storm, it's going to be relatively quiet. if you're doing traveling out there -- detroit, new york city -- it looks pretty quiet. now let's head to brian. >> last night, late night big football game, big upset. phillip rivers looking to become the first quarterback in nfl history, 22 yard strike. chargers on top of the colts 7-3. late in the fourth, rivers, a threw to antonio gates. 50 yard field goal.

the chargers upset win 19-9 over the colts. watch this play by boston red sox david ortiz. watch corey hunter flip over. look at the cop with his hands up in the air. that picture is going viral. it will be talked about for generations. he's celebrating as ortiz flips over head over heels. coming up on radio -- he got a lot of tweets on that -- between nine and noon, national it it -- natalie grant and other exciting people. >> an american soldier fighting for faith. >> a presentation links the american family association to hate groups such as the

ku klux klan, neonazis. >> the soldier was so enraged, he reached out to our own todd stone. >> this happened at camp shelby in mississippi. the soldier was part of reservist groups. they labeled the american family association, a well-respected christian ministry, as an example of a hate group. and the soldier snapped a photograph that he sent me, showing the slide show presentation that made that allegation. >> later on in your story we were reading, the reason the army had for designating that group a hate group was because they opposed gay marriage. >> that's right. and this is not the first time this has happened. back in april i had several stories, and we had reports from around the country of similar sessions where this group and the family research council were

labeled hate groups, domestic hate groups. and also another briefing, and i believe this was in the air force labeled evangelical christianity and catholicism as examples of religious extremism. there is something going on here. the pentagon, we tried to talk to them. they told us we needed to talk to the army. at that point the army, it's been almost 24 hours and we still haven't heard back from them. >> a u.s. soldier in our army spoke out. he said this. i had to show americans what our soldiers are now being taught. i couldn't just let this one pass. i was completely taken back by this blatant attack not only on the a.f.a. but christians and our beliefs. >> under the obama administration we have seen a significant increase in antichristian rhetoric and activity in the military. we know this is coming from civilian lawyers at the pentagon. and many of the troops are very, very nervous about their careers. we've talked to so many soldiers who say they're

going to be getting out of the military as a result of this antichristian activity that seems to be directed specifically at christians. but here's what i find interesting, guys. not in any of these materials do we see anything about islam. it's always about evangelical christians or catholics. >> labeled as radical and extreme? >> that's right. >> we'll look for your broadcast on fox news radio. coming up straight ahead, two weeks after a father was beaten in front of his family, there's been a new wave of bikers gunning for trouble. what's going on? >> good question. a critical decision at the u.s. supreme court later today, and it could mean big changes for affirmative action. all rise, judge napolitano here in studio e. he'll do some explaining. ♪ ♪ ♪

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motorcyclists looking for trouble. at least 40 bikers seen speeding through the streets of new york city doing crazy stunts, doing wheelies. police reportedly chasing them but unknown if they were stopped. rihanna's tweets lead to another arrest. this time the owner of a live sex show in thailand. the singer went on to do the show and tweeted about the act. i'm going to get myself in trouble if i say the name of the island. you know what? i'm done. >> when in doubt, just pause or run away. affirmative action is on trial. today a critical decision by the supreme court may

decide who gets into college. at issue is michigan's top two, a law banning admission into college, but can a law cut down on discrimination? here to weigh in, judge andrew napolitano. >> hard to follow brian. >> this is an interesting case. >> yes. it's had a long saga in the -- it's a long saga in the state of michigan involving its terrific public university, the university of michigan owned by the stays. a couple of years ago it was openly using race as the basis for admitting students. its argument was a racially diverse class helps everybody. the people who got in there because we gave them a little bit of a boost because of their race and other people because they're exposed to different types of people. the supreme court basically said you can do that. you can do race. it can't be the deciding factor. it can't be the principal

factor. but it can be a factor. the public in michigan didn't like it. the public at a referendum voted to amend the michigan constitution to prohibit all aspects of michigan government from police to school boards to university of michigan from using race for any reason. that has now been challenged before the supreme court. two lower federal courts said you can't do that. you can't have such an absolute ban in your constitution. >> it's too universal? >> here's the issue. one argument is the whole reason we have the 14th amendment, one of the three post-civil war amendment, is to prohibit the states from using race. we all know the horrible history of states using race to treat people differently in america. so can the state of michigan say you cannot take race into account under any circumstances. you the government, have to be colorblind. two lower federal courts said no. this will be argued before

the supreme court this week. >> argued by mark rosenbaum, chief counsel for the aclu who basically wants michigan to set its own admission policy. but how can they do that since it is a state university? >> they can't. the university of michigan, i can't underscore the high level of education has to follow state law, like everybody has to follow state law, especially if you are owned by the state and the state says you can't use race. the confusing thing is the supreme court has failed to give very crystal clear rules to states as to when they can use race and when they can't. and that's why this keeps coming back. this is another opportunity for the supreme court to say here's the law. justice o'connor wrote an opinion about race in michigan. she said university of michigan can use race but only for the next 25 years. when the supreme court gives ambiguous rulings like that, it creates confusion. hopefully this is the

opportunity for them to say once and for all you can use race, you may use race, you can never use race. >> maybe an opportunity for them to define that clearly. thank you so much. up next on the rundown, he was one of the president's closest advisors, but the president might not like what robert gibbs just said. the obamacare rollout is an embarrassment. the picture everyone is talking about. a wounded warrior carrying a barricade right to the white house steps. ♪ ♪

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our nation he is veterans storming dc. >> one picture stood out. this wounded warrior carrying a barricade on a segueway all the way to the white house. joining us now is that very hero on a mission, army staff sergeant. good morning. >> good morning. >> thanks for being here. we're all analyzing that picture left and right. it was certainly all over twitter. tell us what was going on physically around you at that time and in your heart while you were moving that barricade. >> so me and a couple friends decided we were going to go to the memorial to support the event and because we thought it's wrong to shut down the memorial because that's where these vets go to pay their respects to their brothers that they fought and bled with in world war ii and stuff like that. so we showed up, listened to the speeches and then from there we went to the lincoln memorial and when we were at the lincoln memorial, the state police

started putting the barriers back up and people took them away. when we were getting ready to go to the white house, one of my friends said, we should grab the barriers so they can't put them back up. that's when we started grabbing them. >> reporter: . >> you did. the common response is wow. just wow. seeing do you that. sergeant, why did you go on sunday? >> like i say, i went back to me, for them to close down the memorials where these guys go and pay their respects to their brothers, it's just wrong. sometimes it feels like we're used as pawns and we shouldn't be used as pawns. we fought, we bled. we lost friends and that's our right to go see them and we should be allowed to see them when we want. >> absolutely, what was the message? >> well, the only reason we grabbed them was because we didn't want them to get put back up after we left. >> sergeant, how hard was that?

you're sitting this on a segueway. you have injuries from war. you're still recovering from this. how tough was it grabbing them and bringing them over there? >> i was already on my segueway. my buddy was carrying it and i told him we could put it on the segueway and balance it u. it's long walk. it worked out just fine. it wasn't hard at all. >> sergeant, a lot of people are assuming that veterans are being used as political pawns. what do veterans want? what's really on their hearts right now? >> i do think that we're being used as pawns because whenever our government disagrees on something, it seems like the first thing that gets threatened are our pay and benefits. >> like sequester. >> right. and i mean, we volunteered for this. a lot of people on the comments of that picture are saying, we volunteered for it. they're absolutely right, we did. i volunteered because i want my kids to grow up the way i grew

up in a country being free, going to school. not having to worry about stepping on an ied on the way to school. as long as we're volunteering, then those people are saying i volunteered for it. then they don't have to get drafted. >> you are wound, i understand, on easter sunday, 2012 in afghanistan. you stepped on an ied. how are you doing? >> i'm doing great. right now i'm just -- i walk everywhere just about. if i have somewhere i'll be walking for a long period of time, i'll use my segueway given to me. i get around pretty good. i'm pretty lucky. >> how many kids do you have? >> i have three. two boys and a girl, eight-year-old boy, five-year-old boy -- >> say hello to them this morning. >> i will. >> they must be proud of you. thank you for all you do. >> thank you. >> fantastic. thank you. >> still active duty. four minutes before the top of the hour. coming up, a friend who had been drinking called her for a ride home. but now she's been punished for

doing the right thing, picking up her friend that drank too much. zero tolerance. has it gone too far? we report and you decide. a that's right sending a -- theater sending a message to the material girl. you're banned. sorry, madonna [ female announcer ] the best thing about this bar it's not a candy bar. 130 calories 7 grams of protein the fiber one caramel nut protein bar. the fiber one (knochello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait.

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good morning. today is tuesday, october 15, i'm elisabeth hasselbeck. one of the world's most notorious terrorists arrives on u.s. soil. al libby making his first appearance in america this morning. we'll tell you all about it. >> he's lawyered up. the president might not like what robert gibbs just said. >> excruciatingly embarrassing for the white house and for the department of health and human services. this was bungled badly. >> what's he talking about? he's talking about obamacare. his president's signature plan. it's an embarrassment. one of the president's closest advisors hates the rollout.

what do you think you think? a massachusetts honor student from high school suspended from her volleyball team and stripped from her title as captain for violating the alcohol policy. only problem, she didn't drink a drop. she was the designated driver. "fox & friends" hour two for this tuesday starts right now. >> this is emeril legace and you're watching "fox & friends." bam! >> thank you very much. brian, i'm going to nominate you to the american museum of broadcasting history for a great moment in broadcasting. there was an awkward word in the teleprompter that if you said it incorrectly, you would wind up on blooper reels for the next 1,000 years. >> 500 years. >> but instead, you just simply walked away. >> i walked away in the middle of a story. i walked away without telling the story. the last thing i said was rihanna and i walked right out and you can take a lesson.

check your textbook. see if that ever happened. i don't think it's ever there. i just thought to taking elisabeth's time away. i don't think there is a way out of this, so i should leave. >> if you're not sure, you're in a bad situation, just get out. >> many thailand cities that could get you in trouble in america. >> it was pukat. when in doubt, leave it out. >> walk out of the studio. >> walk it out. don't be surprised if hemmer does that at 9 a.m. >> will there be a walkout in the house and senate? probably not. looks like they're close to a deal. it's not what the republicans wanted. remember all those house republicans wanted to do something about obamacare and it certainly has put a hot potato in john boehner's lap and they're going to try to figure it all out before the clock strikes thursday. >> right. republicans have come forward with a bunch of proposals before. get rid of the individual mandate, take out special treatment for congress.

this is the framework by which they're work. reopen the government until january 15, 2014. that's on the table. debt limit extensions, until mid february. obamacare, provision hss must verify obamacare applicants before they receive subsidies. seems like an obvious thing that someone has to be verified before receiving money burks that wasn't in the thousands of pages. >> here is the starred portion. that's not even going to be in unless the republicans agree to this thing called the belly button tax that would give everybody $65 towards your insurance. really is a give me to the unions. this is what is so insincere about the proposal. 70 senators, many democrats, have already said, let's get rid of the medical device tax. they already weighed in. if you're going at this sincerely to get a deal done, you say, of course we want the medical device tax out. we already voted for it. so that would be the thing, shows obamacare is adjusting

toward the will of the people. here is the tension now, if they pass this to the house today, what does john boehner and kevin mccarthy do if he doesn't feel he has the majority of the votes? does he come back with his own plan and are we dealing with this again tomorrow at this time? >> one of the other provisions is it looks like the two sides are going to get together and try to come up with a broader framework, maybe it includes the medical device thing, by middle of december. so they have kicked the can, crisis averted. in the meantime and we've been talking here on the program, if it weren't for the government shutdown, we would be talking about obamacare, kicked in october 1 and as soon as people started lining up, boom. first they called it a glitch. it has been a complete computer failure for the first 72 hours, nobody could register. nobody could get on-line. as it turns out -- >> they still can't. >> some people can. i heard of one person in one state has already registered. >> there you go.

>> extraordinarily, it sounds like the government contracting process was not used for this particular company. the contract was awarded to an american subsidiary of a canadian company with a very spotty past with i.t. big question is why did they wind up with the contract worth maybe billions of dollars? >> it was $93 million that they spent. someone who is not happy about it, robert gibbs, former white house press secretary. listen to this. >> is excruciatingly embarrassing for the white house and for the department of health and human services. this was bungled badly. this is not a server problem, like just too many people came to the web site. this is a web site architecture problem. i think it is, again, excruciatingly embarrassing. >> that's honesty. this is what my point was on friday. i was just saying and dana perino was to my right, i said, if i'm the president and i really thought this thing was

ready to go out and i was told that, i would take over the press conference and go i'm angrier than you are angry. she thought that was the craziest thing ever because that's not what they do in washington and i'm sure robert gibbs wouldn't say that if he was in the administration. but he's at least saying what we all know. you might love it, but if you can't use it, how good is it? you've had three years to get it ready. there is two bases to this. can i register to use it and will it work? we're not even up to the will it work part because we don't know how to use it because we can't register in it. the people that wrote the first page say, i'm only responsible for the first page. that part where it says log on, i don't really do that button. you don't do that button? really? you don't do the button that says i can use it or not? >> where is it the accountability? is it hiring someone without checking out other bidders? i don't put in a bathroom sink would you tell getting a couple bids in there. >> you should have used my brother, by the way, 'cause he would have done a better job.

>> but this is how big government works, apparently this outfit, this canadian firm back in -- got a special deal with the government where they could zip through, sort of an easy pass thing where you wouldn't have to contract out. this is -- it has failed miserably and people are going, why exactly did that canadian company get that job? the contract says they can receive anywhere between $1,000 and $4 billion. who at the department of -- at hhs said, let's go with the canadians? so what if they did that one -- they had one program there for diabetes patients and it stunk up the place so bad, the government of canada decide, we're not going to pay them. >> plus they have a football league that only has three

downs. that's why the canadians don't deserve this. also, listen to this -- more on this later. sorry, canada. this is their review. they have an uneven record on pricing and performance. oh, really? congratulations! perfect. >> we don't need anybody else. deal is done. >> what do you think? why do you think they got the contract? meanwhile, let's go over to heather nauert. >> we're having a lot of fun this morning of the but we have serious news right now. a developing story, one of the world's most notorious terrorists is on american soil. he will be arraigned in court today. counterterrorism officials plan to interrogate him on the uss san antonio for weeks, but that transfer was sped up because he has hepatitis c. his capture happened more than ten years after he was indicted for the u.s. embassy bomb notinn 1998. the nsa is collecting information from your buddies. according to the "washington

post," the agency collects half a million buddy lists from chat services and e-mail accounts. the nsa insists it is not interested in the average american, saying they're only targeting terrorists. another dry ice incident taking place at los angeles international airport. this time police finding two bottles containing dry ace at a terminal. the airport this time was not evacuated. on sunday, you may recall that a plastic bottle containing dry ice exploded in a bathroom. police say they do not believe these incidents are terror related. madonna is known for expressing herself. but did she just cross the borderline? she was allegedly taping a movie when a fellow film goer asked her to stop and reportedly she said, it's for business. that ticked off a theater owner in the state of texas and he's banning her until she says she

is sorry. all right. those are your headlines. >> has madonna ever been to that theater in texas? >> i don't know. it was a chain. he's probably trying to make a point. >> he made it. >> thank you. >> thanks. >> nine minutes after the hour. let's talk volleyball. let's talk responsibility. that's what i think this captain of the volleyball team showed when she stuck up and answered a call from a friend who was in trouble. >> that's right. she picked up her friend who was drunk, apparently, from a party. she was actually interviewed, but the fact that she did the right thing, i mean, i think of this as a parent. if your child picks up their friend who happens to be intoxicated and saves a life, probably more than you're even thinking, why not reward that student? >> here is what happened. she goes to pick up her friend who is drunk. she gets there just as the cops raid the joint. the cops go okay, you right there, you were at a party. well, apparently the school has

a zero tolerance policy regarding alcohol and drugs. they said, you were there. so as the captain of the volleyball team, we're going to strip you of your captain title and make you sit for five games. her family is absolutely mystified. why punish somebody who did the right thing? somebody called her and said, i'm too drunk to drive and she shows up. what happens? they completely slap her with this. >> i think there has got to be a situation where you make the effort to find out details because not only do you got the wrong person for the wrong reason, but this person, this captain showed leadership and responsibility in stepping in for somebody that as you mentioned earlier, elisabeth, could have got into a car, killed herself and somebody else. >> any parent would be so thankful that there was someone out there to step in and grab the hand of their child that they happened to make a wrong decision. a decision that kids make all the time. the fact that there was someone willing to get in there and help the situation out, that deserves reward. not punishment.

>> apparently the parents are fighting back. >> they've hired wendy murphy and peter johnson will be talking about this. we would like to hear what you have to say about it. e-mail us or twitter us. up next, a small business owner so frustrated with obamacare, he's taking his message straight to capitol hill and he thinks the law could work if washington will listen. >> then the app that promises to translate english to cat. it backfires. turns out the translation might be a little off. >> really? the cats are complaining? >> yeah, meow might mean i love you. i don't know [ male announcer ] introducing new fast acting advil.

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the affordable care act poses a serious threat to my business' ability to continue providing a fun, enthusiastic work atmosphere and quality jobs for people who want them and deserve them. >> fearing for the future of his business, our next guest took his case straight to congress. not because he wants obamacare overturned. he thinks it still might work. but only if lawmakers will listen to america's business owners. steven beian co- is the owner of this company and joins us now. thanks for being here. >> my pleasure. >> i think your story is every man and woman's business saga and it's what a lot of owners are facing. how does obamacare directly affect your business negatively? >> so far as we're looking at

the change of the 40 hour workweek, dropping that down to 30 hours, becomes devastating to our culture and culture is everything in business. it's not just about the wages. >> how? >> it's about building individual culture within a business. our best companies in america right now are all built around culture. for a small business, when you're driving each and every day to try to gain as much revenue as possible and pay employees as best as you possibly can, when you can at times, it's culture that drives them to do the very best they can. >> what are business owners like yourself facing? are they looking at okay, i'm either going to have to lay a bunch of employees off, or are you talking reducing hours? >> reducing hours to those who need them and want them the most. and that's what becomes most devastating and then it goes back to the culture. here is someone who wants to be part of our environment, wants to work very hard, but then for a small business becomes unaffordable. >> what about the delay for employer mandates? did that help? it's a year. >> the delays, i call it sweet

and nice. it's a band-aid. that's all it is. it's going to come back to haunt us like a lot of things, like we do with different areas. we put band-aids on it. we don't actually get to the root of the issue. >> some argue that year allows businesses to prepare for the worst. so they may be pro-actively, for lack of a better expression, laying off or reducing hours. is that what's going to happen? >> you become scared and think what's going to happen a year from now or two years from now and you start regrouping now instead of driving forward. you start to pull back. >> you get to put a line now, all the debates going on. what would you ask for? >> do what google would do. get together, work together. bring great common interest of a lot of different people, a lot of different backgrounds, a lot of different beliefs, bring those all together in congress and come up with what's best for the people and what's best for your families and for your constituents back home. stop thinking about the next vote and start thinking about

how we grow and become a nation again that's not divided because that's all we're looking at right now. we're looking at a nation of division. that's disgusting. >> thanks for giving us the heart of business today. you certainly speak for so many. coming up, it was the video seen around the world. this woman dangling 22 feet from a railroad bridge. police blamed her. but now she's telling her side of the story. and the holiday deals are right around the corner. did you know there is some stuff you're better off buying in october? we have the details coming up. get your shopping ready. ♪ heart healthy, huh?! ugh! actually progresso's soup

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time for news by the numbers. 30 times. that's how much longer the obamacare regulations are compared to the law itself. that means unelected officials have now written 30 words of language for each word of the law. a tv studio being used to promote obamacare spending millions. 47%. that's the percentage of americans over 50 saying they'll retire later than they originally thought. >> can't afford to otherwise. meanwhile, believe it or not, holiday and christmas deals are right around the corner. >> did you know there is some stuff you're better off buying in october? joining us, consumer savings expert, andrea. october, i guess we should be getting ready to shop. what are the things we should be looking at now? >> first, cars. car manufacturers release new models at the ends of the summer and so they are ready to discount those older models and the longer they sit on the lot,

the more motivated the car dealerships and salespeople will be to move them at a discount. you're looking at 10 to 20% or more. you really have a power to haggle and negotiate. so be ready to stand your ground. if they don't settle on your price, walk out. i guarantee they'll call you later that day. >> 'cause they want them off the lot, right? >> exactly. >> if you are organized, a lot of people are already thinking about their christmas vacation. but you say they should be thinking about next spring. >> yes. i know. early bird travel deals to take advantage of. you can find some really great packages at deal sites like travel zoo or even look at the third party flight sites like kayak. i noticed some deals coming through through southwest airlines. they want to lock you in. if you wait until december, there will be higher demand when everyone is planning spring break. you'll be paying a higher price. >> a lot of people are saying i have no pants. when do i buy them? miley cyrus doesn't even wear pants. am i right? >> oh, you had to go there.

>> jeans were heavily promoted for back to school season. there are a ton left over. retailers need to push them out. you can find tons of great deals on jeans. i recommend saving more by downloading a coupon app where you can find deeper discounts. >> coupon sherpa. >> you say buy a lawn mower now? >> you'll find huge savings. retailers aren't going to be selling lawn mowers in october, so you'll get a better price. >> it's like the day after christmas is the best day to buy christmas ornaments. >> exactly. >> whatever you do, don't buy a big screen tv now! why? >> wait until november when those deals for black friday start coming out, even free shipping day in december is a great opportunity to find deals on-line and get that free shipping in time for the holidays. tons of really big offers will be available on flat screen tvs and retailers will match prices. compare and ask them.

>> even though you may have a lot of cooking to do, don't buy an oven? >> yeah. new models of appliances are coming out in september and october. so those older models will be discounted. but you'll get better deals come black friday through the holidays. >> so if we want to buy any type of jewelry, go ruby or emerald. don't buy diamonds? >> stay away from the diamonds. obviously the holidays are coming up. it's a popular gift. december is the most popular month to get engaged. diamond prices will be through the roof right now. the best time to buy is july, when there are no celebra tri events. >> can you look into your camera and say, mrs. doocy and mrs. kill need, now is not -- kilmeade, now is not the time. >> i'll be getting lots of messages about this one. >> two words, cubic zirconium. >> you can find coupons on freeshipping.org. if you're in the market for a

diamond, many sites offer coupons. ask about them. >> here all this time ice.com was actually ice. always a pleasure. thank you very much. >> thank you. >> i don't know -- what's a good month to tease out of this segment? >> i'm thinking sooner than later because coming up, is it a shot across the bow in the war against thanksgiving. macy's is doing something they haven't done in their 155-year history. >> then live outside the bun, this could be the greatest burger ever. it's wrapped in mac and cheese. >> and some gluten free? >> yes. dig in. ♪ ♪

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it's time for the shot of the morning. a brand-new food craze about to sweep the nation. meet the mac attack burger. one of the men behind it, billy deck, ceo and co-founder of rocket ranch productions. >> in chicago, yeah. >> this is from wrigley field? >> yeah, home of the cubs. >> this could be totally a fan favorite, i would assume. you're combining two of our favorite foods. >> we didn't know how much people would love it.

we took one picture and put it on twitter and the next day it was from the l.a. times, to new york mag, it went viral. >> because as people look in at that, they're thinking, that's kind of a grainy bun. it's not a bun. it's fried mac and cheese! >> yes. not just mac and cheese. >> look at that. >> so kind of like mac and cheese, normally -- >> this is a meal i giggle at. >> everyone is thrown off. you can start throwing some cheese in. the key scenario is that we're putting gelatin in this, which helps thicken it and bind it. >> jello? >> gelatin. >> this will help us make it a solid at some point. we make cheddar jack, blue cheese, parmesan, you can use whatever mix you like. that's our mac and cheese in chicago. so we kept our recipe. >> you didn't change it. >> no. >> then you mix it up and make a patty, right?

>> yeah. >> i want to see you make a bun. >> before you actually make the bun, we put these cubed cheddar pieces in so when you bite into it, there is these gooey morsels that go into this. >> did you invent this? >> my partner did at wrigley. >> you dunk it in a deep fryer? >> first dunk it in flour and egg and a panko bread crumb. after you fry it a golden brown, a patty. then you dress it how you like. a little tomato, a little meat. >> you do hot sauce? >> we do to give it a nice kick. then you sort of assemble it. and you have -- >> you already have some on yours. you can have extra. then yours i need a gluten free version. i used a quinoa corn pasta. >> this is what everybody says about it here. >> instead of the flour, we used a rice flour.

>> you don't want to squeeze the bun. >> you bring up a really good point. one thing that we do is that you put the mac and cheese in a pan and then put another pan with weights on it for an hour so that it creates kind of like a plate. then take a circle cutter and cut them out. >> there is a lot of tlc that goes into this. >> yes. the chicago marathon was last weekend. we've been making these for years for people to carve up the night before. >> what's next? >> how much would this set me back if i walked into your place? >> twelve dollars. >> twelve dollars. that's it? >> you can walk into our place. that's fantastic. >> gelatin is the key? >> yes. >> you probable lea shouldn't have one every -- probably shouldn't have one every day. but that is delicious. usually it's the ultimate cheeseburger because the bun is cheese. >> it comes with the paddles. >> i serve it with a side salad to keep it healthy. but people order mac and cheese on the side. they'll order cheese fries.

>> i'm going to keep talking. i flew to chicago for this. >> do you have a web site? >> rocketburgerbar.com. we're rocket ranch productions also. >> this is the key shot right here. >> i'm sorry. my mouth isn't big enough. >> that's not what i read on-line. >> do not read the internet. what did i tell you? >> thank you so much. >> heather? we've got one for you and you can have one when you conclude the news. >> yea. all right. got some news now. jury selection begins today in the trial of a one prominent utah doctor who is accused of killing his wife with a deadly cocktail of drugs allegedly so he could continue an affair. prosecutors claim that 57-year-old dr. martin mcneil

pestered his 57-year-old wife to get a face lift and then convinced her plastic surgeon to prescribe a mix of potentially lethal pills for her recovery. the woman who wound up dangling 22 feet from a railroad bridge when it went up was originally blamed by the police for ignoring no trespassing signs. but her family has a bit of a different story to tell this morning. according to her son, she is legally blind and simply couldn't see the warning. 55-year-old wanda was crossing the bridge after she participated in a breast cancer walk on saturday, but she still could face trespassing charges. we'll keep watching that for you. a close call for a young texas fisherman. lightning flashing right in front of his boat during a freak storm and it's all caught on camera. >> scared the bejeebies out of me. on the back of my head, i can't even explain it.

it was -- almost like a knock to the back of the head. i had a headache all day after that and it was just like this big force that hit me. >> oh, boy. how frightening. but that didn't keep him off the water for long. the 16-year-old was back out on the water the very next day, like any fisherman. talk about a cat fight, a fe also dine doesn't like her owner's new piece of technology. look at this. (meow) >> okay. that cat's owner is using a new app called the human to cat translator. it's supposed to translate the owner's voice to meow so the owner and kitty can talk. when this owner plays it, the cat gets a little upset and tries to attack her. do you think i could talk to my chester this way? what do you think? >> they don't want to be understood. >> yeah. they like being cats. >> i got to tell you what happened in football last night

because more than likely you couldn't stay up for the whole game. philip rivers, outstanding quarterback with great ability and having a great year, he is becoming the first quarterback in nfl history to throw for 400 yards in three games. he looked great last night. they played the colts. colts came in as favorites, but the chargers got the victory. this field goal would be the difference. novak would convert it. the chargers win 19-9. rumor has it, mcilroy his girlfriend broke up over a tweet. hold on to something or somebody. he decided to end the relationship after caroline posted this embarrassing photo of him to millions of her followers. he reportedly got mad when vienna williams pointed it out on-line. is this like a name dropping scandal. her friends claim it was one of the final draws behind the split because caroline is a little too

flamboyant about their relationship. >> why is he sleeping with his glasses on? >> why is he sleeping at all? he should be practicing. he'll have a good year. >> that was over the line. >> you really thought that was over the line? you're break up with me because of my comment about his tweet that broke up them? how dare you, elisabeth? >> they can get back again. >> you haven't been the same since you bit into that bun with mac and cheese. >> that was delicious. by the way, the recipe will be on our web site. >> the rock was here, he didn't get as much attention as that mac and cheese. >> that guy flew in from chicago with a hamburger. meanwhile, is this over the line? this year black friday is now going to become black thursday. macy's for the first time in their 155-year storied history will be opening at 8:00 p.m. on thanksgiving because of competition and because people want their sweaters before

everybody else. >> it used to be 12:01 a.m. that they would open on friday. they're pushing it back to 8:00 p.m., like wal-mart and toys r us last year. so in order to compete with that, they're opening up and saying over 80,000 employees will be hired during the holiday season to accommodate all the shoppers. >> now i know that lauren, the executive producer, she says it's about family and macy's used to be about family. >> she's right. thanksgiving is a time to get together to thank whomever you want to thank about the bounty you have in your life and about the 40,000 employees at macy's, they're going to have to leave their families on thanksgiving, one of the best get together family days of the year to go to work. >> right. >> i get the competition thing. but and the other thing is, maybe after you've had the big meal, i don't know -- i don't

have anything else to do. but you got to think about the people who work there. stay home with your family. >> what are you saying? >> you're going to have to have turkey omlettes. >> i have no problem with it. if you can make money -- if no one shows up -- >> you heartless capitalist! >> it's true. you call me stuart varney. listen, if no one shows up, they won't do it next year. if people show up, workers will get time and a half -- >> you can march right from the parade right into the store. >> it's a slippery slope. you start opening up at 8:00 o'clock at night. next inc. you know it's noon. next thing you know, they'll be open all day long. >> a slippery slope. there is only 24 hours a day. 7-11 did it already. it's okay. you don't have to go. >> we've already gotten our first e-mail. it says -- >> are you monitoring every second? >> shame on macy's is the first

e-mail. >> how do you know? i want to see it! you could have made that up! did you see him check the e-mail? >> he did. don't you have the new app? >> by the way -- >> double click on your outer ear. >> you know what i think? i think what we have just witnessed here is brian kilmeade is working thanksgiving. "fox & friends". >> who is with me? i need a crew to work with me? thank you! >> what do you think? e-mail us or twitter us. >> was that crickets? >> still ahead, did you love the popular tv series "the bible"? jesus is back. headed to a theater near you. we'll have all the details. >> wow. then americans trying to get health care are getting bombarded with requests to register to vote instead. that app is working. that story is next.

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it is no secret, the obamacare web site has been a failure and it's riddled with bugs and glitches. but one page seems to be working just fine. that's the page that helps applicants who want health care register to vote. nick novak is the director of communications at the institute for public policy and joins us today from madison. good morning to you, nick. >> good morning. good to be with you. >> so you simply wanted to find out what the options were there

in the state of wisconsin for health care. so you're trying and trying t knocks you off a million times. eventually you make it up to one page and it asks you if you want to register to vote? >> that is correct. i had been trying to go through the entire application process since the obamacare web site launched on october 1 and just took -- it was crashing so many times, finally last thursday and friday, we tried it again and it took me about two days to actually get through the entire application and just before i got to the point where i thought i was going to get some rates in wisconsin, it actually asked me if i wanted to register to vote, which i thought was a little interesting to see, especially prior to even getting any of the health care information. >> so it's kind of like, oh, you want health care? first you've got to be a voter, is kind of the implied message. although you can probably hit decline, right? >> yeah. it wasn't optional -- it was an optional part of the web site. but we still are concerned with the fact that this web site had so many glitches since it

started on october 1. there is really no reason that you should have anything that has to do with voting when you're trying to get your health care, especially before you can even find those health care rates. we think the administration should probably be focusing on making sure that the web site works properly before they try and add all these extras. >> i think everybody in washington is pulling their hair out right now because it has turned out to be a great big stink bomb and people are having a lot of trouble. so would this benefit one party more than another if you are asked to register to vote before you got health care options? >> well, i don't know what the reason is that the administration decided to put it on there, but if their goal is to register more voters that lean towards their side, they might want to be a little careful about that because here in wisconsin, at least, a younger individual, according to our office of insurance -- commission of insurance, he said rates for younger individuals here in madison would actually go up by about 125%, which is

just astronomical. and we actually leased some information yesterday -- released some information yesterday that said only 50 people have even signed up for obamacare here in wisconsin. doesn't seem to be the most popular thing as of two weeks in. >> that might backfire. register to vote, yeah, i'm coming back next november to vote you out because this did not turn out to be what i was promised. nick novak in wisconsin, thank you very much. >> thank you very much. >> all right. what do you think about that? want health care options? register to vote. e-mail us. coming up, looking for a job? stick around. cheryl casone is here with the top five companies hiring right now. good morning to you, ma'am. first on this day in history back in 1966, the four tops had the number one song, "reach out and i'll be there." ♪ [ woman #1 ] why do i cook?

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the government may be shut down, but the job market sure is not. that's right. companies are still hiring despite the better efforts of those in washington. cheryl casone for the "fox business" network is here with the top five and then you have all these great offers. >> yeah. >> auto zone is still hiring. >> okay. what we saw in the recession was a lot of people, they don't want to get a new car. so they've been replacing the parts and the cars they have trying to keep them on the road as long as possible. auto zone has benefited from that. they've got 4500 jobs right now. they're across the country.

they call the people that work there auto zoners, that's kind of different. you can get managerial experience at a company like that. >> what about schwan's? >> food delivery. i got a food thing going with the mac and cheese. >> have you tried it? >> no, but i really want to. >> how much do you run every day? you probably run 20 miles a week? >> yeah. 16 to 20 maybe. >> it has to be 22. >> right? how many calories are in one burger? i'm sorry. >> we'll look into that. we got a segment to do. >> this is frozen food delivery. 47 states does offer benefits. 500 jobs are open. right now dallas, houston, phoenix, san diego, seattle, portland, salt lake, some of the top cities they're hiring in right now. then i've goss a bank. a real mix of companies. silicon valley bank. they provide loans, things like

that, to businesses and this is actually a lucrative business for them. they've got about 120 jobs open right now. but mostly hiring in tempe, arizona. it's part of phoenix. basically the same geographic area. 22 billion in assets this bank has. almost 10 billion in loans they're handing out and the 30-year anniversary of the bank. >> all right. so that's great. and the salaries vary. 120 openings. >> this is construction, mining, drilling, demolition. you want to wreck things at work, this is the company for you. they're one of the best places to work in tulsa, oklahoma. i'm assuming a lot of the jobs are there. about 100 jobs open now. they basically supply and work in the construction and the mining business. >> we end with food. pinnacle food, packaged foods

company that has 75 openings. >> you actually know this company. 85% of the products are in your pantry. duncan heinze, vlasic pickles. hungry man dinners. you've heard of this company. >> the syrup that moves, right? >> the syrup that moves? >> doesn't it come to life? >> i don't think i've seen that commercial. >> we'll show it next hour. >> okay, great. put some syrup on the mac and cheeseburger. >> let's do that. we'll just call a heart doctor immediately. thank you. these are the jobs and we'll have them up on casoneexchange.com. >> they're already up. i put them up early this morning. >> always great to see you. coming up, leaders inch to a deal, but that hasn't stopped the nasty rhetoric from the democrats. for example. >> when you start acting like you're committing domestic abuse, you've got a problem.

>> does that sound civil to you? we report. i've already decided. then a man told he was too heavy for an airline site, so they booked him two seats in two separate rows. that's nice. real nice. we'll explain. oil...or cream? definitely cream. ♪

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good morning. it's tuesday, october 15. i'm elisabeth hasselbeck. all eyes on washington today as senate leaders inch closer to a deal. but that hasn't stopped the nasty rhetoric from democrats. >> when you start acting like you're committing domestic abuse, you've got a problem. >> does that sound like civility to you? i couldn't hear it. we'll report and you decide. >> meanwhile, this honor student suspended from her high school volleyball team and stripped of her title as captain for violating the policy on alcohol. there is a problem with this story. she didn't drink a drop. she was the designated driver. wait 'til you hear this story. it's going to get you going on this tuesday. >> she acted like a captain and

she still got suspended. and is it an all-out war on tradition? macy's calling their employees to work on thanksgiving. your e-mails are pouring in. do you agree with me or do you agree with the person who talks to me in my ear? "fox & friends" starts now. >> it's time for "fox & friends." that's the news! >> brian style, when you say do you agree with me or the person who talks in my ear, what you're really talking about is your imaginary friend, gus. >> right. and he is disagreeing with me again. when the voice in my head disagree, the people usually leave the room. a lot of people i feel are against me on this. they feel like macy's should be closed. we'll discuss that later. >> tweets and e-mails coming in. the senate, nearing a deal, we hear. but is this just kicking the can around? we'll take a look. there is a framework right now that's on the table. they would right now think about

reopening the government until january 15, 2014, debt limit extension until mid february, and the obamacare provision, applicants must be verified before they receive subsidies. this is what possibly is going to be accepted. >> both will meet by december 15 on some type of budget reform process because you know what was getting glossed over? we're debating raising the debt ceiling, we're going over $17 trillion. so clearly we're out of balance, even though the deficit annually has been cut in half, it's still $700 billion. so you would think we all agree it would have to be cut. believe it or not, we don't all agree. they're still talking about raising it. that all got blurred with this whole process. here we are, day 15 of the shutdown. this is the deal that's going to be presented to the house. i am not convinced that boehner, mccarthy, and cantor are going to be able to sell that to their people and if they are going to pass it, it might be with democratic votes. that will create an additional tension between both houses.

>> there are probably enough moderate republicans to vote with the democrats to get it through. but mr. boehner, is probably -- >> he's probably drinking the maalox directly out of the bottle right now. we could kind of tell yesterday that harry and mitch were getting close to something because the rhetoric started getting so much softer and so much friendlier. it wasn't like the rhetoric that the democrats have hurled at the republicans in the last 15 days where they called them arsonists and terrorists and extortionists and hostages and used the imagery of guns. everybody was getting along. apparently barbara boxer, senator from california, though, didn't get the memo because here she is comparing republicans to people who beat their wives. >> when you start acting like you're committing domestic abuse, you've got a problem. i love you dear, but, you know, i'm shutting down your entire

government. i love you dear, but i'm going to default and you're going to be weak. >> certainly republicans in the house would have to be upset about that. republicans across the board. but you know who should be infuriated? women who have suffered from domestic abuse, millions of women out there who now have their situation trivialized over politics? how dare she minimize the abuse that so many women struggle with and face. they're clearly oppressed, yet she's casually tossing this analogy out there. i think the sad thing is that you're not hearing this. you're not hearing any loud screams of offense out there in main stream media. nobody is talking about it. why? because it's coming from one side of the aisle. i guess it's deemed okay. >> let me check the national organization for women web site. >> nothing, right? >> they haven't weighed in on it. >> we'll give them some time. >> here is the thing, when you

talk about abuse and extortion, there is a reason why congress has a vote in raising the debt ceiling. that's the law of the land. they want to know that the executive branch isn't running to town with our money. they want to know that congress is okay with going over the debt limit. if not, something has to be done. it's an alarm bell sent from all our representatives to go deal honestly with the situation at hand before you just arbitrarily raise it. next thing you know, it will be $30 trillion and americans will go, wait a second. when did this happen? >> sure. we send people to washington to get stuff done. it's hard to get stuff done when each side is calling each other names. we wanted to know from you when we discussed this earlier in today's telecast what you thought about it. e.j. in florida said, quote, when barbara boxer and the rest of the dems start hurling insults at the gop, tea party and conservatives in general, it tells me they have no substance in their position or argument. e.j. just mentioned the tea party. i thought they were dead, according to the main stream media, about a year ago. it turns out, they've been very

busy. >> we also got a tweet from laurie ann. as a domestic violence survivor, the comments are disgusting and she owes survivors an apology. let us know, is boxer in the wrong ring with those comments? >> we all saw on sunday the million vets march covered right here on fox news channel. we had a live reporter down there starting at 6:00 a.m. on sunday. there is going to be another one today. the in million -- military coalition unites to end the government shutdown. it's 33 different groups. i don't know that they're going to be walking to the memorial -- from the memorial to the white house with the barricades like they did on sunday, but none the less, they're very upset with how vets are being treated and how active military are being treated as well. >> they certainly have reason to be. with the v.a. having a back log they've been dealing with for so long and certainly things move into october without an agreement, all of those v.a. claims will be sent to a halt.

we actually talked to sergeant alex earlier on "fox & friends." just to get into the heart of veterans and why they want to be there and what message they want to convey. here is what he had to say. >> i do think that we're being used as pawns because whenever our government disagrees on something, it seems like the first thing that gets threatened are our pay and our benefits. a lot of people on the comments of that picture are saying, we volunteered for it. they're absolutely right, we did volunteer for it. and i personally volunteered because i want my kids to grow up the way i grew up in the country, being free, going to school. not having to worry about stepping on an ied on the way to school. >> you volunteer for it. part of the deal is that you get death benefits if something should happen to you, so does your family, and part of the deal is that you get health services when you need it, like for example, when that sergeant needs some rehab because he had both his legs blown off. what kind of idiot would write, well, you signed up for it? >> by the way, that fellow is the same fellow that we showed yesterday in this -- what was then a twitter picture. there he is on his segueway.

these a paraplegic. initially he was helping one of his friends he told us on the program, that barricade, if you're going to take it to the white house, it's heavy. put it on the segueway. by the end of the trip, he had it all on the segueway himself. and he still is active duty. he's currently recovering at walter reed. >> what a voice behind that image. that was everywhere. tweeted and retweeted across the globe really. and just to hear his sentiment today was a privilege for all of us. >> to think -- think about this, there is a backlog at the v.a. death benefits have been cut off. no leadership to reinstate those benefits even though you can. it took a governor from west virginia to ask a private organization to give these families the death benefits they had coming to them because of the government shutdown. bernie goldberg said what a difference it would have been if it was another administration. >> if george bush were president when this screwup happened and donald rumsfeld were secretary

of defense, they would have been hammered. bush would have been portrayed as a hopeless dunce and donald rumsfeld as a technocrat. now the blame hasn't been put on the president, even though you correctly said he could have signed an executive order, nor on hagel, god knows where he was during this whole thing. but it's being blamed -- where blame is assessed, it's blamed on the shutdown. we all know what that means. the shutdown is the republicans' fault. that's how the american people are seeing it. so i do think that the president and the secretary of defense, they got off kind of easy. >> he's absolutely right. there is a double standard. there will be another march at 9:45 eastern time down once again, convening at the world war ii memorial. i'm sure you'll see highlights throughout the day right here. >> now let's start with the headlines with heather. >> a developing story, he was quietly brought to the united states over the weekend and

today one of the world's most notorious terrorists, al libby, will be arraigned in a new york federal court. counterterrorism officials had planned to interrogate him on the uss san antonio for weeks, but his transfer was sped up because he has hepatitis c. this capture happening more than ten years after he was indicted for the u.s. embassy bombing in africa in 1998. we've got a live report from the courthouse coming up at this hour. another dry ice scare at los angeles international airport. police say they found two other bottles containing dry ice. but those did not explode. no one was injured. the incident didn't force any evacuations there. you may recall that on sunday night, a plastic bottle containing dry ice had exploded in a bathroom that was for employees use only. it caused delays, but police say they do not believe the incidents are terror related. it's not just your e-mails. the nsa now reportedly collecting info from your on-line buddies.

according to the "washington post," the agency collects half a million buddy lists from chat services and e-mail accounts. the nsa insists it's not interested in the average american, saying they're only targeting terrorists. the hugely popular bible mini series is now coming back again. survivor creator mark burnett and his wife are now condensing their original series into a two-hour film called "the son of god." it will debut in theaters on february 28. anybody who didn't see that, it was fantastic. they have a series of children's books related to the bible that are fantastic as well. >> they do. it's been a passion project for roma and mark. it was done in a spectacular fashion. >> by the way, with her story regarding the buddy list, you wonder, do i have a buddy list? the answer is, do you have an address book? nsa was sucking up all the information out of your address books. so they know that i go to

kilmeade. >> right. so now i'm screwed. >> next up, an honor student suspended from her volleyball team, stripped of her captain title for violating the alcohol policy at her school. she wasn't drinking, though. she was the designated driver. zero tolerance gone too far? peter johnson, jr. reports and you will decide. >> and is it an all-out war on tradition? macy's calling their employees to work on thanksgiving. we're reading your e-mails and tweets. >> are you happy, brian? those people are shopping. where are their families! home alone! >> capitalism. can they buy stuff? >> buy it the next day! >> it will be gone. ♪

if you had a company and you were doing business with a government and you screwed it up so badly that the government decided they were not going to pay you, do you think that would be a good company to give the single contract for the obamacare web site to because that's exactly what happened. cgi federal, a subsidiary of a canadian firm. they had a big program in canada. they screwed it up so badly, they, the canadians, wouldn't pay them. but that's the company we gave the big contract to. >> tgi federal, the u.s. subsidiary of a canadian company. they had a uneven record of pricing and performance. wow. wasn't that a catchy slogan. hi, i have an uneven of pricing and performance. >> sold! >> hire me. fantastic. >> sold for $93 million. >> even cheryl casone couldn't help them.

we obviously think that's a disaster. but someone else truly thinks it's a disaster and calls it embarrassing. this is robert gibbs, former white house press secretary. listen to his take. >> is excruciatingly embarrassing for the white house and for the department of health and human services. this was bungled badly. this is not a server problem, like too many people came to the web site. this is web site architecture problem. i think it is, again, it's excruciatingly embarrassing. >> the "new york times" said this, the "washington post" has said this. but the president of the united states and jay carney have said, this is a good problem. it's more popular than ever. it shows there is such a need. when people can't get on, they try to get on again, then they try to get on again. then it becomes somewhat of a challenge. remember how many hours that "new york times" reporter spent -- i think it was 11 hours, trying to get on. >> casey kasem had a better system in the '90s when i was trying to get a call. >> you're the 19th caller.

>> at least it would work after a little while. >> you do get through? >> i got through a few times. >> plus t doesn't sound like this particular company had to submit to the standard federal contracting bid thing. it sounds like they just awarded to directly to this company with the checkered past. >> this should be the main story in america, obamacare im impossible to get even if you want it. >> you have to get on, but you can't. but if you can't, you're going to pay a penalty. >> by february. >> oh, man. 18 minutes after the top of the hour on this tuesday. does syrian dictator al assad deserve the nobel peace prize? somebody thinks so. he's in that picture. who is he? we'll reveal it in a moment. >> and the giants-redskins rivalry is one of the most significant in nfl history. but we're making sports magic happen. superstars from each team are here live because they're here for a common cause. >> good morning, fellows.

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cool animation. quick headlines right now for you. this 518-pound man told he was too heavy for one airline seat, so he needed to buy two and he did. only when he boarded the plane, those two seats were in two different rows. the 43-year-old sorted it out with other passengers before the flight from ireland took off. and it should have been mine. that was bashar al assad's reporter when reporters asked him about the nobel peace prize awarded to the organization working to ban chemical weapons

in his country. according to a lebanese newspaper, the remarks were said in jest. elisabeth, over to you. >> thanks. the giants-redskins rivalry is one of the most epic in nfl history. but "fox & friends" is making magic happen because we are sitting down with super stars from each team. >> reds skins receiver is playing in the middle. here to weigh in on the state of the sport, as well as the cause that brings them together and that is childhood cancer. and what your doing today is really important. on a much lighter note, first off, the big debate on the redskin name, bob costas brings it up while you're trying to beat the cowboys. you get into the locker room and that's all everyone is talking about. how do you feel about the 81-year history with that name and tradition? >> it's crazy. tradition is big. but the name change, if people feel strongly about it, they should do away with it.

but we just go with whatever is said. >> do players feel fine with it? >> really, there hasn't been much discussion. everybody has their own personal feel being it. there is no right or wrong way. it's just whatever they decide. >> what if really big people want to you change the name giants? >> yeah, 'cause -- >> 'cause you're the largest people. >> i don't know. ask jack and the beanstalk about that one. i think giants is pretty set right now. >> all right. >> can we ask but what -- we talk a lot about players right now, young athletes not allowed to play tag anymore. >> rhode island school. >> yep. another school banning the handshake, postgame handshake, 'cause they're getting into fights. >> how do you feel about this? >> the players should not get into fights. the handshake is showing sportsmanship. that's what we have sports for and that's what we want to show, that we are friends after our games. i think they shouldn't ban them.

they should enforce the handshake so there isn't violence. >> mark, do, how do you feel abt it? >> i think it starts with the kids understanding that they're going out to play a game. they're playing a sport and they're doing something that they should love to do and after the game, you should have respect for your opponent. after we play, we all shake hands in the middle of the field. there is no fights. >> you guys are hugging. >> yeah. >> that's my favorite part. i make the kids watch in slow mo where you're hugging and talk. i think it's excellent. i say if they're fighting, make them hug. mark, i did say i'm a bc grad. when you came back, you were diagnosed with cancer in 2009. that school was alive and behind you and really speaking for all those dealing with childhood cancer, and you're here to talk about an incredible cause.

you're teaming up. talk about a handshake, with the wall head to head challenge. tell us about that. >> yeah. i was diagnosed with pediatric cancer at a later age with it. but childhood cancer affects so many people. within the span of a football game, 60 children will be diagnosed with cancer, which is -- it's sick. it's something that you don't want to have happen. we got together with walt to do this head to head challenge. >> what is it? >> if i one, i get to shave his head. >> whoever raises the most money gets to shave the other guy's head. >> yeah. >> he shows up with a buzz cut. >> how do we vote and take part in this? >> wahl. >> i need the help right now.

>> people across the country shaving their heads for the cause. >> yep. we're going to get together again november 12 and go where the shave will happen. >> two of the best in the game, i have to say right here. >> thank you very much. >> thanks for being here. glad you're feeling great. >> thank you very much. >> thanks for being here. >> thank you. >> up next, an honor student suspended from her volleyball team and stripped of her title as captain for violating the alcohol policy. but she wasn't drinking. she was a designated driver. has zero tolerance gone too far? we're going to report and you decide. >> plus, is it an all-out war on tradition? macy's calling their employees to work in on thanksgiving. your e-mails are pouring in. guess what? everyone thinks they should be home with their family.

♪

>> tory hunter, got no help from that very excited police officer. look at this picture. their construction worker,

cowboy and indian shorted the village people. >> the dramatic grand slam homer that preceded that might be a bigger story, but we'll have to see. >> he was so excited. i love it. >> you mark my words, tory hunter will be unbelievable broadcaster. have you ever talked to him? what a personality. obviously still a lot of baseball left. we'll do more of this. i think we're doing the whole half hour all sports. >> good. >> no, it's governor perry. here is heather nauert with what's happening around the world. >> if it's all sports, i'm out of here. 32 minutes after the hour. happening today, the u.s. supreme court will take on a discrimination case in the state of michigan. at issue is michigan's proposition 2, a law that bans the consideration of race in admissions to public universities. that ban was approved by voters

in 2006. earlier today, judge andrew napolitano joined us to weigh in on that case. listen. >> the whole reason we have the 14th amendment, one of the three post-civil war amendm them using race. we all know the horrible history of states using race to treat people differently in america. so can the state of michigan say, you can not take race into account under any circumstances. you the government have to be color blind. >> the lower courts ruled voters couldn't make the decision to ban affirmative action program. wal-mart and z are blaming one another after food stamp recipients strip bare the shelves of wal-mart store. there was a computer glitch and it left ebt debit cards with no limits whatsoever. xerox said its system that processes the transactions suffered an outage after back up generator malfunctioned.

wal-mart pointed to xerox as a source of the problem. the company fired back, saying retailers are supposed to have procedures in place for these types of problems. oh, boy. one texas school district not messing around when it comes to protecting its students. the shamrock independent school district adding two warning signs to intruders. staff members are armed and may use force to protect its 450 students. and is it an all-out war on tradition? macy's is calling its employees back to work on thanksgiving for the first time in its 155-year history. stores will open at 8:00 p.m. on thanksgiving. macy's releasing this statement saying it's important to make this holiday enjoyable and convenient for everyone. shopping at macy's on black friday means having the opportunity to purchase the most sought after products at unbelievable savings. we asked you to share your thoughts. one says we're slowly but surely dumping our time honored

traditions. macy's is one place i won't support with my christmas dollar. another says, macy's is a business. if they want to open on thanksgiving night, so be it. if employees don't like it, find another job. #simple. ouch. she's agreeing with you, kilmeade. i'm on the other side. i think give the families their night off to be with their families. >> right. >> to god and everything else. all right. thank you very much. outside on the streets of new york city, i see maria and ted and scott. they're all out there giving us the weather. >> there's a cure for addictions on that. >> he doesn't want to wear his. let's take a look at the weather conditions across the country. let's start out basically across the center of the country where we do have a storm system that's moving eastward and this storm has showers and storms across parts of the great lakes, moving in. so the city of chicago should be seeing them shortly. we have the storms extending into parts of texas. on the cold side of the storm system, because we do have colder air wrapping around the back end of it, rapid city is

picking up snow early this morning. parts of the colorado rockies as well and also parts of wyoming. looking at more than a foot of snow in some of those higher elevations. otherwise temperature wise on the cool side across parts of north central, like in minneapolis, 54 degrees will be the high temperature today. otherwise northeast in the 70s. i want to show you san antonio, phoenix, and l.a., downtown l.a., all of those cities are going to be reaching the middle to upper 80s this afternoon. on the warm side down there. let's head back inside. >> all right. thanks a lot. last night football, philip rivers looks great. people of san diego, you have a reason to be hopeful against mighty colts. philip rivers, another 400-yard gain, three straight. good job. makes a diving catch, 22 yards away. chargers open up a 7-3 lead. key first down there to gates. then the field goal. they go on to win 19-9. what's going on in playoff baseball? dodgers and cardinals locked in

a classic. dodgers trying to get offense going. they're right back in it now after this, bottom of the 9th, two runners on. an rbi single to second. crawford rounds third, play at the plate. safe. tigers go on to win 3-0. game 4 tonight at dodger stadium. magic johnson has to be happy with his crew. steve? make me even happier. talk to peter. >> i'll do that with a story that's going to drive people crazy. the story that everybody is talking about today. aaron cox, a massachusetts high school honor student suspended from her school's volleyball team and stripped of her title as captain for violating the school's zero tolerance policy on alcohol. what makes her case so outrageous is she wasn't drinking anything. the only thing she's guilty of, being a designated driver. fox news legal analyst peter johnson, jr. joins us. >> good morning. >> this is crazy. >> they win the stupid award of the week. this is a young lady who responds to a drunken friend's plea to come pick her up.

i don't want to go on the road and hurt myself or hurt others. so she shows up, the police show up. she's not arrested. but her name is taken down. and so as a result, she loses her prize position on the volleyball team, she's suspended from games. and now she's opened a national ridicule for acting like a christian, for acting like a person who cares about others. >> for acting like a captain. >> well, for acting like someone that has a civic sense, for acting like someone who is embodying the judeo ethic in the united states, for acting like a girl scout, for acting like an american. when somebody is in danger and they say, come rescue me, do you say, oh, no, if i go into that hazardous situation, then i may be imperilled? we wouldn't have a green beret, we wouldn't have people who have given their lives in america. she didn't give her life, but she gave her time and sacrificed

her reputation in that school and now she has to fight in court to get it back. >> is this legal? we got a number of e-mail from people saying, can the school actually do that? >> they think they can and it's incredible 'cause they haven't reversed it and they create harm and danger to her each day they don't. she's got a terrific attorney in wendy murphy. she brought one lawsuit. she intends to bring another. but this is not about lawsuits. this is about an american book virtue. this is a virtue. this is a young woman who embodies everything we want our own daughters to do and to be. you have great daughters. i have great daughters. the people in our audience have wonderful daughters and sons that they want to do the right thing. but what if she didn't go? what if that girl kills herself? what if that girl killed another family on the road? would we then say that she did the right thing? would she then have done her duty as a citizen, as a student, as a person of value, of quality and stayed at home?

these are things that would be easy to say, no, i can't come 'cause if i'm going there to that drinken party, i'm going to get busted, too. but she went at a great personal sacrifice. people should be outraged. people should say, we don't walk away from our responsibilities in this country. look at romans, look at ephesians. look at how we have a responsibility to be together. are we our brother's keeper? are we our sister's keeper? if america is to exist, yeah, i would suggest that we are. don't punish this girl for doing what she should be doing. what we teach her to do, and that school is hypocritical because they put up these nonsense rules on their web site about respect and empathy. she showed respect for life. she showed empathy for a person in trouble, in peril. and now she's damned by it. >> they've got a zero tolerance policy and they might argue, well, she was in the same room. that just equates zero common

sense policy. >> they have a zero tolerance for sanity and common sense, as you say. they should be ashamed of themselves. they've got to pull it back today and say, we made a mistake. this girl did the right thing. we're putting her back on the volleyball team of the we're reinstating her reputation. we're holding a press conference and saying yes, if you have a drunken friend, reach out and help them. you're not going to be penalized for calling 911. you're not going to be penalized for getting in the car and rescuing them and rescuing others. >> peter johnson, jr., great job. >> good to see you. it's so angering. >> a lot of people feel that way, according to the e-mail today. thank you, we'll see you tomorrow. >> good to see you. straight ahead, we're following a fox news alert. one of the world's most wanted terrorists back on u.s. soil after his interrogation at sea was cut short. we're live in new york city where that guy has just been shipped. and how would texas governor rick perry fix the stalemate in texas? his state is doing great.

the governor joins us live from austin. ♪ hey, i notice your car yeah. it's in the shop. it's going to cost me an arm and a leg. you shoulda taken it to midas. they tell you what stuff needs fixing, and what stuff can wait. high-five! arg! brakes, tires, oil, everything. (whistling)

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i've narrowed it down to three things you need to know today. shania jenkins, former fiance of aaron hernandez will face charges. utah doctor accuse of killing his wife so he could continue an affair. is one step closer to facing trial. jury selection begins today. and retired army captain william

swanson is getting the medal of honor for his heroic actions in afghanistan. this shows him bringing a badly wounded soldier to a chopper. he stops, kisses him on the shoulder. he later passed away. elisabeth? >> brian. fox news alert now. he was supposed to be interrogated on a u.s. warship for weeks. but he was quietly brought to the u.s. and set to be arraigned today. ainsley earhart has more. what does this all mean? >> well, it means so many different things. let me go through it with you right now. al libby will be here today in the courthouse behind me. he is accused of killing hundreds of americans and now he is here walking on american soil. just like any other criminal would be tried in court, he's going to be here tried in the

federal courthouse behind me. he was on the uss san antonio in the middle of the mediterranean for an interrogation. that interrogation was supposed to last 60 days, but it was cut short because of his poor health. his wife says he has hepatitis c. he was refusing water and refusing food. and then he was immediately flown to stewart air force base and then treated. he will be here in court today and we will continue to keep you posted on what happens. we're not sure what i'm he'll northbound court. but we'll let you know when we hear. back to you. >> thank you for that update. certainly we'll keep you posted. >> doing double duty. doing the 5:00 o'clock show and then out there again. al-libi landed. why can't they get a doctor on the ship and left him on the ship to be interrogated? >> he didn't feel good and so welcome to new york. all right. dozen minutes before the top of the hour. straight ahead, how would governor rick perry of texas fix the mess going on in dc?

he says defunding obamacare not the answer. he'll join us on the other side of a brief timeout. >> that's right. first we'll check in with martha mccallum for what's going on at the top of the hour. >> good morning. so what do we have here? deal or no deal? how the unions got their way in the end. fascinating story on that. a former top obama advisor says people need to be fired over the handling of obamacare. why is he turning against the plan now? and larry sabato's brand-new research on the kennedy assassination and his curious discovery about two secret servicemen. what were they doing? larry tells us at the top of the hour n i'm halfway into your heart ♪ ♪ you have to let me know [ female announcer ] when sweet and salty come together, the taste is irresistible. sweet and salty nut bars by nature valley. nature at its most delicious. sweet and salty nut bars by nature valley. fby eating healthier, drinking plenty of water, but still not getting relief?

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when you start acting like

you're committing domestic abuse, you've got a problem. i love you dear, but i'm shutting down your entire government. i love you dear, but i'm going to default and you're going to be weak. >> that was senator barbara boxer comparing her opponent to domestic abusers. >> is that kind of rhetoric really helping america come back from the brink of default? we're asking texas governor and former republican candidate for president of the united states, rick perry, who joins us today from austin, texas. good morning to you, governor. >> good morning. >> what did you make of barbara boxer there comparing republicans to wife beaters? >> well, that's not the type of positive intellectually engaged debate that you want to see on the senate floor for sure. i think it's very offensive to individuals who have worked hard across this country to stop

domestic violence. >> like your wife, right? >> my wife works for the texas association against sexual assault. i would suggest to you that senator boxer would be reeling that comment back in before the week is up. >> here is the deal, what we understand is coming out of the senate will be announced later in the lap of the house. reopen the government 'til january 15. you can hear this. i know you don't know the details. debt limit extension until mid february. obama provision that has health and human services verifying obamacare applicants been they receive subsidies. thieveryification, that's considered something republicans want. but that's not going to happen unless unions get their $65 per insurance policy as a supplement to their plan. does this look like something that the house republicans will sign up on, that governor perry would sign up for?

>> probably not. the sad part about this is that states don't have this type of leeway and you would see governors all across this country, even blue state governors, having not run into the issues that they're running into in washington, d.c we have to deal with the economic side. we have to deal with the issues every day. we don't have the issues that you see in washington, d.c the cr's and ongoing work that they're doing up there, the lack of work that they're doing. so get together and negotiate. that's what we do in the states is the democrats, republicans, we get together and find solutions to these issues. washington doesn't seem to want to. i will suggest to you the president of the united states and harry reid are more interested in this political theater because they don't want the focus to be on obamacare and what an absolute disaster this rollout is and then when you really dig down into obamacare,

you find out it's going to be a huge job killer. so they love the political theater. let's trek off as much as we can because we don't want the american people looking at what an absolute debauchle obamacare is going to be for this country. >> do you think it's a weak concession on the republican's part here? are they asking for enough? the medical device tax was taken off the table, the one year individual man it is date delay was taken off the table, it seems. is this a weak approach? >> well, again, i don't know what all the details are and what has been offered and what hasn't behind closed doors. i think that's a bit of a stretch for us on the outside looking in. but the president of the united states and the senate hold the cards here. we understand that. the republicans are going to have to hold their ground and try to get as much as they can. at the end of the day, you've got to keep this country functioning and so half a loaf is better than no loaf. we've always seen that in our negotiations and hopefully the

president will quite making people suffer and will work towards finding a negotiated settlement, if you will, that is in the best interest of the people of this country. >> sure. interesting, people are looking in, they're blaming both sides in washington for the mess. you look at the president's poll numbers, he's not leaving unscathed. gallup has got him at near historic low of 41%. it's not good for him either, is it? >> no, it's not. listen, washington is not looked upon well by the people of this country. i would suggest to you that the conversation of making wash as inconsequential as we can going forward is going to start picking up more and more support. people are going to look to the states, red state versus blue state policies as the laboratories of innovation across this country. and as well they should. that is i think, the future of this country, the states finding

the answers. nanny state is not going to work. >> i was in texas last week and i'm going next week. thank you very much. it's a great state down there. >> thanks. >> back in a moment yes! [ wisest kid ] every can has 32 feet of slurpable noods. m, you're awesome. ♪ bum bbum ba bum [ gong ] [ wisest kid ] m! m'm! good! was a truly amazing day.ey, ♪ bum bbum ba bum without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com [ male announcer ] staying warmnd dry has never been our priority. our priority is, was and always will be serving you, the american people. so we improved priority mail flat rate to give you a more reliable way to ship. now with tracking up to eleven scans, specified delivery dates, and free insurance up to $50 all for the same low rate.

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good-bye, everybody. see you tomorrow. bill: that was tight. nice. good morning, everybody. fox news alert. we're watching america's hearse rows yet genset to make their frustration known. live look at the world war ii memorial. day two of the partial shutdown. veterans gather at this memorial this hour in protests yet again. what will happen? our cameras are there. good morning, everybody. a packed morning. welcome to "america's newsroom." i'm bill hemmer. martha: great to have you with us. i'm martha maccallum. this is a great event. it is scheduled to start about an hour ago. we could see something similar to what we saw over the weekend. >> shame on you. shame on