looking at her from this kraepture. it is a orfish. 15 feet long and took 15 adults to pull it out of the water. it is thought to be the reason for sea serpent legends. bill and ally are up next. will democrats in the senate agree to the latest stand off? >> i am alisoy osama bin laden. mike is on capitol hill to sort it out. >> reporter: they will not like the by-product of senate negotiations. house republicans would fund the gordinary measures

to last that longer and delay the medical tax two years and require cabinet members and members of congress to live being covered by obama care. after talking to the republican members speaker boehner chose his words carefully. >> there are a lot of opinions, and no decision of what we will do. we'll work with our members on both sides of the aisle to make sure that there is no issue of default and get our government reopened. >> reporter: this comes as senate harry reid and mitch mcconnell are working to reopen the government and extend the debt ceiling and reid doesn't like the house alternative and called it extreme. >> this is so disappointing. on the eve of financial destruction for this great

country and that's what it is. to appease a small group of people over there, i am so disappointed. >> reporter: about the senate talks white house spokesman jay carney said they are far from a deal and all eyes are on the house to see if they have the votes to pass the measure. >> thank you, mike. >> we are 15 days in the shutdown now. the house passed 15 mini spending bills and the senate refused to act on them. despite thatment the grand canyon reopened because the state found a way to make it work. dysfunctional government the polls say is what is problem.

that sets a record for dysfunction. >> call it a world record. meanwhile right after speaker boehner announced the house plan democrats went off on him. >> the senate was apparently close to a deal. where does this leave us now? senator, good afternoon to you and thank you for your time here. >> good afternoon, bill. >> you heard harry reid. he doesn't like the house deal at all. where are we with 30 some- odd hours to go. >> reporter: i think harry reid over played their plan, to call what they are talking about extreme. it moves off defunding obama care, strategy that i didn't think would suck sowed and got medical device tax repeal got a vote in the senate over 79 senators and thinking of adding on to it and treating us and

members of the cabinet the same as everyone else with obama care. i think that should be in the senate and brought up. i think harry reid shut it down without considering it is overplaying his hand. when the speaker is acting and i hope the house gets its act together and send it over. we have waited for it and it has not happen and that's why i am in discussions to try to resolve. >> you are one of the architects you and your fellow senators have all gotten together and come up with a plan that you think is workable. >> right. >> do you fear that one of your own senators say ted cruz would try to derail with the filibuster in the progress you have made? >> that's always possible and i hope it doesn't happen. we know that we have to get the government open. we have to deal with the debt

ceiling, but we proposed changes to obama care that both sides agreed on. including the repeal of the medical tax. and making sure the bcs numbers stay in place. and giving access to better management. the american people are tired of looking at both sides and saying get results now. and i am glad to see the house acting and that's why i was disappointed with senator reid dismissing it. instead of saying it is good they're. >> dow think senator reid was speaking on his behalf. dow think the president is trying to break the backs was republicans in the house? >> i believe that harry reid. the white house came out with a similar statement, i don't know if he is speaking on behalf

of the white house. i didn't support the defunding strategy because this is where we would end up and not deliver a result. i do think at this point that the president is overplaying his hand with ill concieved strategy. and so it is time for everyone to get it together and get it resolved and to see harry reid dismiss the house plan is not the right thing to do and it is time to let the house if they can pass something get it done. but is the president trying to break the backs of john boehner and the house? >> by dismissing it he is saying that he doesn't want to negotiate and that is not a reasonable position. >> senator, you never supported the defunding proposition, and so now it doesn't seem as though the republicans and defunded or

dismantled or delayed obama care. was all of this messiness worth with it >> the reason i didn't support it, i fully support repealing obama care, but i didn't see how we would get it done and as evidenced the government is shut down and we have seen the exchange open. the strategy was not one to win on. yes, i am concerned about where we are as a result of it. it is time for us to find issues like the medical device repeal and make sure we can not -- keep the budget caps in plus and not spend more money. we have to get to core issues and get a result for the country. >> absolutely. senator a yotte thank you for spending time for us. >> will the government get a deal don before the deadline. send us a tweet at bill hemmer

and we'll talley them up. >> we are expecting a captured al-qaeda leader in a federal courtroom. that is a l- libi waiting on terror charges for his part in the bombings in the embassy in africa he has been interrogated on a navy ship. david has more. >> reporter: hi, the arraignment is over and took only ten minutes. a l- libi entered a u.s. courtroom 13 years after being indicted for the twin embassy bombings. he was wearing a pair of gray sweat pants and a black top. he was muted. this was the first court appearance since he arrived in the united states over the weekend. according to a 150 page

indictment that a l- liowa bi conducted the surveillance of the u.s. embassy in nairobi, kenya and he reviewed the other sites in nairobi for targets. and looked for british and french and israel targets in the nairobi. he has lived in england. there was a detailed manual on how to conduct terrorist activities. not clear if he was the author of the hand book. as you expect, the security in the federal courthouse in manhattan tight. metal detectors when you enter the building. there was a metal detector outside of the courtroom itself. and two layers of security for all who attended the arraignment today. the reason for the security, shortly after libi was in

custody in libya, there was called for extremist calling for attacks on americans and calling for attacks on u.s. interest and u.s. airplanes and u.s. controlled pipelines. we expect him to be back in court later this month. we understand he pled not guilty and it was expected. authorities believe that he could be a treasure trough when it comes to gathering intelligence information. and this is the big question. he was interrogated for a week on a u.s. navy vessel after being taken in custody in libya. what extent will that intelligence be permitted in the court when he is tried and that is yet to be determined. one of the things that authorities hope to learn, the possible whereabouts of al-qaeda. and it is also possible he might have information about current al-qaeda plots. law enforcement source did tell

me, and this is noteworthy that he is in poor condition. his family said he suffers from hepatitis c and he was brought to the united states and taken off of the naval ship where he was refusing to eat and drink. we expect to learn a great deal more about his role in al-qaeda and the twin embassy bombings as the trial will be getting under way in the next few months. >> david miller, thank you for that. let's hope he is a good source of intelligence. former attorney general alberto gonzalez will weigh in on how the high- value terrorist suspect should be handled. >> looking forward to talking to hip. >> and the latest budget twist in washington. serious new questions about the president's agenda and the fight and the second term agenda t.

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you are about to see a true american hero receive the highest military honor. in an hour from now the medal of honor will be presented in a white house ceremony. 30 years old repeatedly risked his life in a brutal ambush. helmet cam video showed a man

lifting a man in the medical chopper. he is the sixth living recipient of the medal of the honor. it is always something to see when that medal goes around the neck and they receive and accept it on behalf of others. >> that's what it is all about. >> we haven't passed our bill and they haven't passed their bill and we evaluated where there thinking and their idea of compromise and propose something they should be able to accept. and today we will vote a bill something that the senate should accept. now if the senate will say my way and the highway i suggest the senate republicans not go along with that strategy. >> that was congressman issa talking about the new house plan to fund the government. and the white house called that

proposal a partisan attempt to appease tea party republicans. we'll ask a member of the house tea party cackus. hi, congressman. >> hi, alisyn. >> is there a consensus or is there a plan going to be shot down in the senate? >> it is nice for harry reid and the president to talk about extremist and trying to placate a small group. 60 percent of the americans who didn't want obama care and still don't want. 60 percent small group? they gave us the majority because of obama care and the only reason we have it still present we nominated a man who did obama care. >> 0 to interrupt. you haven't been able and the latest plan does not defund or

dismantle obama care. even though you don't like. it we are at the same point before the battle? >> and they have said elections have consequences and that's why the majority in the house should be assigned to the senate that we need to negotiate. and alisyn. we have sent over compromise after compromise with ourselves. our own leadership proposed another compromise and harry reid said he thinks that is a slap at bipartisanship. he wouldn't know it if it came up and slapped him. he has never participated in any kind of bipartisanship. and you go back to obama care, without a single republican vote, they didn't allow any republican input and they put waxman in the chair to make sure it was not going to happen. dingle would have allowed

republican input. i don't need to hear crap from harry reid to know bipartisanship. and neither does the president. please understand a meeting and a negotiation. a meeting is what the president has had. the first one he had we will not negotiate. i remind you of that and said the same thing in the next meeting. a negotiation still has not occurred because the mainstream media is covering for the administration. alisyn we stand for fairness and want equal treatment in the country. if it is good enough for a business to have a wafer give american a wafer. if it is this bad, every american has to be under it? everyone should be under it. >> your plan is calling for the president and vice-president to adhere for the same obama care rules. that's not what the senate plan

came up with it. and you have to marry the two. one of your fellow congressman called the septemberors, republican senators, he called it the senate surrender caucus. it doesn't include that. do you agree with that language? >> the senate hasn't done anything. we nominated before the shutdown. we'll see our conferees. they still to this day are not willing to appoint negotiators and that was our last bill as the shutdown was beginning. look just have negotiators come to meet with us. they wouldn't do it and one other thing, the debt default, if the president instructs the treasury secretary though the money is there to pay interest. if he instructs him to default. we are getting close to a high

crime and misdemeanor. we have a problem there. and another thing debt interest doesn't come due october the end of the month. october 17th was totally fabricated. >> it does not sound you are close there in the house to sorting it all out. >> we want to negotiate but they have to send negotiators to talk to us, and no is not an negotiation. >> got it, congressman, thank you. >> another dry ice bomb exploding in a major airport. that is the second time and that is not all police found. plus an alleged terrorist mastermind in the federal court today. former attorney general alberto gonzalez will weigh in next. afghanistan in 2009. on the u.s.s. saratoga in 1982.

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so the accused terror mastermind captured in libya is in a new york courtroom. a l- libi facing arraignment on terror bombings in eastern africa law makers say bringing him here on u.s. soil is not a good idea. >> when you capture someone like this and limit yourself to days on a navy vessel in terms of interrogation and detention is a huge mistake. >> he will get lawyered up and he will go silent just like the boston bomber. >> alberto gonzalez is a law professor, how are you, sir? welcome back to the program. what do you think of the man in the new york city courtroom, are you okay with that?

>> the problem that i have. i don't know what kind of information we believe he might have and the case to prosecute him in the criminal courts. after the 9/11 attacks, president bush and the bush team, we put together a regiment to provide a commander in chief a series of options and also to gather up information to prevent additional tax and clearly one of the problems with bringing someone in the criminal justice system, they do lawyer up and grow silent. however, to be fair to the administration tis possible that we have plea deals in exchange of information and the government reduces a sentence. it is not totally fru we are not getting valuable enteleigence. but we put ourselves in a more difficult position. >> is it possible he's talking? and within a week he gave up information and we can stop the

interrogation at sea and bring him to a u.s. lawyer? >> it is certainly possible that he provided some, some level of information and again, it is possible that that may continue. however, he's going to want something in exchange for providing that information and the question is whether or not the government will do that given the heinous measure of the crimes. >> many thought he would be at sea for weeks at least. and others made the case. you hold him and get him to gitmo, where you get what you need to get for him. >> that is an option. president bush said the number one objective with people captured and detained is to gather information in order to prevent attacks and second is prosecution. but the number one was gather information. >> i understand.

maybe another way to ask the question, then. do you think this administration thinks and acts the same way your administration did. >> from outside partnershipses i would say no. it seeps to me they are more concerned about bringing to justice. and the fall position for them is, only by bringing someone to justice in the criminal court system complying with the rule of law. i fundmentally disagreement bringing them with military commission is consistent. and holding them as an enemy combatant is within the rule of law. it is a different perspective. >> i happen. there are three others in that region in libya that we want to go after for an event that took place 15 years ago. and you remember how many people that lost their lives in nairobi

and 15 years later, dow have any sense of how good the evidence might be against a l- libi. >> that is a challenge. some witnesses have died i am sure. and some witnesses we don't know where they are at. and how good is the evidence still today. there is a calculation that the case can be made in the department of justice. there will be challenges. >> the court case continues and a not guilty plea according to the associated press. alberto gonzalez, good to see you back here from nashville, tennessee. new concerns for all heart patients as we learn that former president bush's recent health scare was far worse than reported. >> also shocking allegation did the white house know the obama web site would be ritzeded can

with challenges. wait until you hear why. >> i hope they are working day and night to get it done and i hope they get it fixed and hope they fire people who were in charge. [ coughs, sneezes ] i have a big meeting when we land, but i am so stuffed up, i can't rest. [ male announcer ] nyquil cold and flu liquid gels don't unstuff your nose. they don't? alka seltzer plus night fights your worst cold symptoms, plus has a decongestant. [ inhales deeply ] oh. what a relief it is.

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rise nothing the quake in 15 events. >> and this computer sketch of a person of interest in the disappearance kidnapping of madeline mccann. and jet blue making a tongue-in-cheek help. if you are named bill a pass to get through. your name has to be bill? >> bill on your license or passport. it applies to the william also. >> why do you get special treatment. >> it is a way to get washington moving. >> all right. >> you can go. >> from now on call me bill camerota. in the meanwhile, there is stunning elgzs that the white house knew about the glitches associated with the roll out of obama care and chose to press

forward despite the warning signs. this as a former spokes person speaks out and calling obama care a huge disaster. >> it is embarrassing for the white house and for the department of health and human service. this was bungled badly. it is not a server problem and this is a web site architecture problem and i hope they are working day and night to get it done and i hope they get it fixed and fire people who were in charged. >> ouch. peter doosy is live in washington. >> reporter: some new health plans are so many expensive. the health and human services wants consumers to know a head of time what subsidies and tax credits they might be eligible for and the first prices take those in account. this quote. an hss spokesperson said the agency wanted to insure that

there was subsidies that could help pay for coverage before they started to seeing prices for policies. experts say it is a problem with that. to see subsidies you can create an account and that does two things. one leads to a ton of traffic for one part of the web site. and eliminates the ability to shop anonymously and browse plans in proveder websites. and that has experts scratching their head. that was a home base of a design firm that received 3 million to brain storm ideas for an easy to use web site and they suggested to include a anonymous option to see information. the federal government hasn't told us how many people enrolled for coverage in health care.gov.

colorado 226 people enrolled in week one and covering a total of 305 people in colorado and issues with health care.gov. i have tried to create an account and finally got an e-mail that said my account is ready but can't log in? >> that say design flaw. >> it is a small stuff. >> numbers, logs, in. accounts. >> president obama's second term agenda taking a hit over the budget battle. >> ton legislatyive items are on the back burner including immigration reform and raising the minimum wage. allen is host of a host. and dave web is on sirius co-founder of tea party and fox news contributor. thank you for being here. i want to start wu, allen, it is

not just president's ideas for legislation back burnered. how does he expect to get bipart bipartisan control. >> they will have a hard time. it is amazing he had anything begin the a kri money with which republicans battle obama. they want nothing to do with him. if he is force it, they are against. it and he will have a hard time with the agenda because of the shut down, and we are seeing it is resounding against the favor of republicans and they are hurt by this and in the long one will pay the price at the polls. >> david, allen is saying that the president was going to have a hard time with this ambitious second term agenda and it is more fighting. >> allen is a great prognoft ti cater because he tells us the

outcome of the debt ceiling shut down a head of time. i hope he gives me my lottery numbers. here is the reality. obama faces not only tea party opposition of fiscal irresponsibility. but failed policies. allen uses word hate and extremist and terrorist. >> i didn't use those words. >> so here's what we need to do. look at it from the american point of view. we have out of control spending out of the obama administration and we don't have a crisis if we have do a few things. we do have a crisis. the president will not be the first president to default in over 200 years. >> republicans in the house came out with ideas in the morning and seem moderate if you want to bridge the two sides and harry

reid came out and blasted the idea and didn't offer specifics. is harry reid and white house trying to break the backs of republicans? >> it is an incredible spin to blame it on the white house and democrats when the republicans, we found out with the van holland video went hollow they changed the rules on october 1st so only eric cantor can bring up ending the government shutdown. what they are doing is outrageous. and the media hardly covered. that to blame demdeps and obama with this. >> one side is giving, and giving. >> what do you mean giving, and giving. they want to hold the government hostage to the health care. >> there you go again. >> david answer the question. >> you asked about harry and allen deflected to someone else. harry reid blocks and plays the

game for the administration. the president said i will not negotiate. that is not a point for compromise no matter what allen said. >> he negotiated of i will not negotiate. >> he brought spenning down. that is done. >> here's what we do need to do. we need to get to the point where we stop out of control spending regardless of the back and forth and losers are the american people who don't have a budget in a government that is way over what it should be. >> gentle men, thank you. we'll continue it in the hallway. allen see you in the hall. two girls in florida are arrested and charged in a bully death. they are just 12 and 14 years old. they are accused of driving rebecca to suicide last month after an entire year of bullying. did you know more coffee drinkers

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a head on the real story incredible story and video of a army captain who risked his life to save fellow troops. captain swinson will receive the medal of honor with the president and we'll bring it to you live. and members was congress hsh secretary should be fired and we'll talk about aaron hernandez, charges of lying to investigators. and all of that in the top of the hour. >> thank you, see you then. >> your welcome. here is a terrible story two teen girls arrested in the suicide death. the girls are a cowed of driving rebecca to suicide last month after spending an entire year of bullying her on line.

greg has more. this store tore that makes you feel physically sick for how long the bullying went o. >> the bullying was cruel and relentless. two girls charged with felony aggravated stalking and this weekend, one of them bragging on line about driving rebecca to suicide, writing, she didn't care. but the sheriff identified the girls. >> godlupe sha w on my right and your left was very cold and had no emotion at all upon her arrest. ka itlinnor godlupe didn't choose to speak with ussine though they gave us incriminating statements when we arrested them. >> the 12-year-old was tormented and it all a rised over

a boyfriend. after a month of text extorting rebecca to kill herself. she climbed a tower in an abandoned cement plant and hurled herself to her death. >> she didn't feel like she was worth anything. they would tell hershey was ugly and stup and i had needed to kill herself. >> the sheriff lashing out at the parents and equally to blame for rebecca's death. one of these girls is 12 years old. how can a 12-year-old be prosecuted for bullying, is there a precedent for that? >> florida has no statutory minimum age of being tried as an adult. it is up to the prosecutors and not the judges. there are examples of children

young as 11 being tried in florida and that state sends more children to adult prisones than any other state. it is up to the prosecutor, and if convicted up to five years behind bars. >> thank you so much. irain telling the world it wants to love the dark world of desolation. israel's netanyahu warned that iran cannot be trusted. >> i know rouhani doesn't sound like ahmadinejad, but when it comes to the iranian nuclear weapon's program, the only difference is ahmadinejad was a wolf in wolf's clothing and rouhani is a wolf in sheeps clothing. >> with us is the ambassador,

former ambassador. and bit of a delay on the signal. mr. ambassador, dow think that the iranians showed you or anything that they have changed their ways regarding the nuclear program? >> well, they have certainly changed their style, but i don't think they have changed the substance. they are on a smile and charm offensive, but it is still the same iran and main perpetrator and finder and executioner of terror and a country that wants to be nuclear and vowed to wipe israel off of the face of the map and country that threatened sufficientlization as we know it. the danger is the smile and charm offensive carried out by president rouhani and by the way foreign minister who i served

with four years in the ushgs n, i assure you, that there is a huge difference between his smiles and his actions, it is very dangerous because a huge d between his smiles and his actions. it looks as if the world is dying to be tempted by iran and that is a very, very dangequation. >> just a quick answer here in 30 seconds or less, do you fear that the u.s. is willing to give up the sanctions that appear to be against iran? >> i think the u.s. is willing to be tempted by iran. the only reason that they have come to the table are the sanctions. and if we want to see iran stopped, the sanctions should actually be fortified rather than weakened. >> thank you.

dan, thank you for your thought there. in a moment here, we are learning more about president bush's recent health scare. dr. mark siegel was with him and he will have that report next. . well, did you know the ancient pyramids were actually a mistake? uh-oh. geico. fifteen minutes could save you...well, you know.

all right now to this report revealing president bush's resent health scare was far more serious than what was recently thought. >> dr. mark see ggal is here. how can he have had a 95% blocked artery when he jogs and rides bikes all the time?

>> anyone can have that. the real story here is that we knew this two months ago. that editorial was based on speculation. he didn't know anything about what happened. president obama contacted me and said this was a critical lesion and i had symptoms and so i corrected that information and usa today and here on fox news and now nbc news is putting it out two months later. they use this as too many stents are being done. he needed it. studies show it was a life-threatening lesion. it is all about what

positionility is position iliit is in. you have to go patient by patient. >> he works out a lot. and he saw a doctor a short time before this and is it possible that if there is plaque in the arteries and that breaks off and creates a clog itself? >> that is possible. i rode mountain bikes with him and he, road 16 miles. it can go undetected right up until the point where it begins to cause problems. and great doctors saved him. >> thank you so much for your first-hand reporting. we appreciate you bringing it to us. >> fox news got it first. ♪ we're half way there

>> you can hear it. it is not just your head. >> after the break. i'm overhe hill.

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it was a dream come true. jon bon jovi walking a woman down the aisle. she is living on a prayer. >> see you tomorrow, here is gretchen. >> and today on "the real story". house republicans trying to talk about a new plan. has he been mixing faith and politics? >> our panel is going to weigh in. and two girls charged in the bullying suicide death of young