>> scotty mccreary. >> "american idol" fans, there you go. >> calista gingrich will be in the after the show show. >> how do you know? >> because she's sitting right here. see you tomorrow. bill: lots to talk about now. good morning to you at home. fox news alert now on the drama in the waning hours of so-called debt deadline. only hours to bo. 15 and counting. house republicans getting together to cut a deal apapparently yesterday, something happened. it all fell apart. we're working to get answers on that. good morning to you and welcome to "america's newsroom" i'm bill hemmer. martha: good morning, everybody. i'm martha maccallum. the house was ready to work through the night we were told. john boehner said there would be a vote. but house leadership came out and said go home. >> no votes for tonight. we'll see you in the morning. bill: that is what you call, short and sweet. apparently not so sweet in

washington. now the ball is back in the senate's court. team fox coverage begin our show. stuart varney with the economic impact. markets open in 29 minutes. byron york, chief political correspondent, "washington examiner." start with you, byron. good morning to you. >> good morning, bill. bill: in a word or two or paragraph where are we now? >> we're back with the senate. this is what the plan was. the senate had come up with a deal. it was a pretty weak deal as far as republicans were concerned t would extend the continuing resolution. it would extend the debt limit but had really weak obamacare measures. one thing to improve verification for people that get subsidies. another cut a tax, mostly unions didn't like. mitch mcconnell thought that was a pretty weak deal. the plan was to go to the senate, go to the house where republicans have a majority, add a couple obamacare measures. perhaps the medical device tax, delay or repeal of that. send it back to the senate. they would have a deal. the house just melted down yesterday. republican could not agree what

to do. by the end you saw eric cantor essentially surrender at end of the night saying they would not have a bit. that goes back to the senate. republicans are minority. have less leverage. they will come up with something. bill: what is that something? what is expected i guess is the right way to phrase that? >> they will fight over how long to extend the government spending agreement because republicans want it to be longer because it has those lower levels of sequestration spending. same thing democrats want it to be shorter. they will talk about that. and republicans will want to add something on obamacare, perhaps the medical device tax which a lost democrats support getting rid of that tax. so they will try to add some sort of obamacare measure to save a little face. but from a republican point of view, the deal at the end is probably going to be pretty weak. bill: i'm reading something from chad pergram, our producer on keep toll hill. he files this. there is potential deal in the senate, emphasize, potential by 10:00 a.m. eastern hour coming

up quickly. perhaps back on the floor of the house later today. what happens on the floor of the house? >> you have leaders, republican leaders in both the senate and house saying we're not going to default. not going to happen. a lot of people always believed when it came down to the last minute john boehner would have the house act to avoid default. and it may be that if the senate passes a bill, john boehner will just have to put it before the whole house where it will get a lost democratic votes and some republican votes because it will pass. he has given up on idea of passing things with simply republican votes. bill: we're watching this hour by hour now. quickly, byron, where has the president been on this? >> he is kind of waiting for this to play out because he has got the upper hand here. it appears democrats, obviously they're the 345 majority in the senate, they have an idea what they want to do. republicans have melted down in the house. the president's big job right now is to wait for them to come up with a deal. i think there is some faith they will come up with a deal before midnight tonight. then sign it.

>> chad says there is one scenario where they hope to wrap this up by the afternoon or this evening. that has been said before. byron, thanks. >> sure, bill. bill: martha has more now. martha: congressman louie gohmert, an outspoken tea party republican gave his take why he refused to vote for the house bill. here he is on "the kelly file" last night. >> there is no statute of limitations on doing what's right. i don't think all is lost. if we have lead that's will stand up and do the right thing. all right, listen, we raise the debt ceiling, extend the cr, except demand, force the senate to take this vote, that we will suspend the individual mandate as the president illegally did for businesses and force them to take a vote. martha: will he have any luck with that? we'll see how he feels today now that the house closed down on the whole thing last night. they're back at it this morning. congressman louie gohmert will join us with that this morning. this is part of a great guest

lineup this morning. we have wisconsin congressman sean duffy whether he is for the house deal and what he thinks happens next. michael needham will join us. he is the ceo of conservative think tank heritage action, who many think is one of the strong forces behind many of these tea party goppers in the house. we'll see what he says. bill: at this point, heritage action, was it the most significant player in the hill? late yesterday they came out against the house bill, fireing a memo to republicans encouraging them to propose it. that hoped to torpedo the proposal. they are against obamacare. they calling for it to be defund. we'll talk to the ceo and get his take where they are now. martha: if that wasn't enough, before yesterday's deal fell apart, fitch credit rating agency warned the united states faces another downgrade if we don't solve this debt crisis but wall street didn't seem too

worried about that. so why is that? start varney, joins me now, host of "varney & company." good morning to you, stuart. >> good morning, martha. martha: on this another day of this whole thing. wall street doesn't seem too concerned what fitch has to say. >> we have the exact opposite what a lot of people were expecting. this morning, 24 minutes from now the dow jones industrial average will open up, repeat, up, about 100 points. there are several reasons for this. number one, investors think there will be a last-minute deal. number two, investors do not believe that even if we go past the midnight deadline tonight we will default. we will not default. and number three, fitch issued a warning that is different from a downgrade which we got from standard and poors back in 2011. market now showing a gain of 104 points, 24 minutes from now. martha: when we got that back in 2008 when s&p did downgrade america's credit rating for the first time in 70 years the markets tanked. they were down 680 something

points, stuart. >> that's right. martha: is this sort of a teflon market to a certain extent in that they're used to this whole thing, they're used to crisis politics and they're used to the can getting kicked down the road every few months? >> i think the market is looking beyond this immediate crisis and what do they see? they see a new federal reserve chair coming in who will print a lot of money of the wall street loves that. they see a president who will be freed up probably to keep spending money. and, we've got a debt ceiling that is going to be raised which means we can borrow a lot more none any. we can spend more, borrow more and print more. that is hog heaven on wall street. we're up 105 points now. martha: used to be the credit rating agencies were very concerned about the long-term financial stability of the united states of america. is that no longer the case, stuart? >> no, they are still concerned and that's what this warning was all about. we have failed to get our long-term debt under control. we show no signs of being able to control it. but for now, the immediate

crisis is over and wall street responds with a rally. certainly at the opening bell. i don't know how it will close but at that opening bell, 23 minutes from now, stocks go up. martha: it may move around a bit as this deal works its way, if there is one throughout the course of the capitol hill today. stuart, thank you so much. we will see you later. >> thanks, martha. bill: right now apparently our credit rating is perfect with fitch. aaa is as perfect as any country can get in this world. that rate allows the u.s. to secure loans at lower interest rates. after august 2011 debt matter, s&p downgraded america to a aa-plus, the same grade fitch could throw us to now. before that time the u.s. held a aaa rating for 70 straight years. martha: yep, s&p downgraded it though. we're lower than the u.k., lower than australia on that credit rating. what do you think about all this? what do you think about whether or not there's still time to make a last-minute deal here today? will the president and congress not be able to come to any agreement which is still a

possibility out there, it is a strong one. send us a tweet @marthamaccallum. tell us what you think @billhemmer. we're looking at tweets all throughout the show. what you think about everything we're talking about. love it when you weigh in. look forward to hear from you. bill: we were waiting for to coe microphone for a couple of hours. i think frankly a lot of us were surprised how events transpired throughout the day. it is a big ol' guessing game to see what happens today. if it moves in d.c. we'll let you know what is happening. we mentioned this memo, reportedly of the memo that torpedoed the house proposal. not from anyone from capitol hill. you're about to meet the man who wrote that. the president of heritage america. you will meet him live. martha: we'll hear what he has to say. veterans expressing frustration over the government shutdown saying military families have been abandoned. we'll speak to a retired u.s. marine about that. bill: the mother of a girl

allegedly bullied to death. what she has to say about the two girls now charged with driving her daughter to take her own life. >> parents, you be responsible so that you discipline your children and we don't have to. but if you don't discipline your children, and if it rises to the level of a violation of the law, don't worry, we'll discipline them for you and if we get a toehold, we'll discipline you too.

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martha: all right, a fox news alert. chad pergram, our producer on capitol hill, just putting this into your urgent moments ago. a deal in the senate could be ready by 10:00 a.m. we're also learning that the vote could happen first on the house side because revenue-related bills must start in the house and he says, chad pergram, reporting that could speed this process up quite a bit. this is a very fast-moving situation. we're on it. we may get something by 10:00. bill: stay tuned on that.

meanwhile this memo from a conservative think tank in washington said to be the reason described for the house abandoning plans for a vote on a debt deal from republican leaders. heritage action for america urging republicans to vote no on that proposal because it did not do enough to, stop obamacare. michael needham, president of heritage action, my guest now from the hill. good morning to you sir from the cannon office building in washington, d.c. irin the belly of the beast. why --, i think the memo went out at 4:30 eastern time yesterday afternoon. i will share part of that in a moment with our audience. why didn't you support it? >> i don't think our memo what tanked the bill yesterday. what tanked the bill millions of americans agree with our perspective. two issues are debate in the capitol right now. debt limit. we have tens of trillions of dollars of debt coming on in the next couple of decades and the other is obamacare. the reason the government is shut down, obamacare is unfair,

unaffordable, unworkable. every single day there is more evidence coming out. house republicans remained strong saying we're not going to let this bill to go forward. we'll not allow it to be inflicted upon the american people and we need to do something to delay it. bill: how many members listened to you? >> i think many members are listening to their constituents. in july when the whole effort got started with mike lee, ted cruz and mark meadows in the house leading, it didn't go anywhere. nobody in washington, d.c. thought the effort would succeed. they went home to their districts. millions of americans in august stood up and said to their members of congress how could you let a bill go forward people losing their jobs or millions of jobs going from full time to part-time and health care being dropped, how could you let that go forward? members came forward and demanding something be done. unfortunately the senate has not been responsible to the american people. hasn't listened to all the harms

to obamacare and undercut the house last two weeks. >> do you think you have the sway in the senate as it appears that you do in the house? >> well you know what, i think what happened in the last couple months the house, incrediblably responsive to the american people. that is the system of government the founders set up. the house is supposed to be close to the american people. this is a big town. there are a lost interests in here. i think the american people's voice is not heard as loudly in the senate as it has in the house and clearly the white house isn't listening to american people about obamacare. frankly the white house doesn't seem to be interested in the separation of powers that exist in this country which says the house of representatives has a right to a seat at the table, has a right to a voice and has the power of the purse. but the american people have been heard lout and clear in the house, something incredible encouraging. that is good thing for our democracy and hopefully their voice will be heard more loudly in the senate and white house. bill: i heard 17 members were ready to vote know. i heard 40 members.

how many members do you think were to willing to buck leadership? >> almost every member of the house republican conference in if not at you will them is deeply concerned about obamacare, have to do something january 1 before the subsidies. that is when the big entitle program starts. we saw at the start of this year millions of americans having health insurance dropped, premiums going up or part-time employees, full-time employees going to part-time, that will start again on january 1. there are millions of americans being afflicted by this. i have full confidence house republicans understand what is at stake and i admire the fight they have been fighting last couple weeks and months. bill: i saw your memo. it was strongly worded. about five paragraphs in length of the here is one of the paragraphs. quote, health insurance premiums are skyrocketing across america. employees are shedding jobs and hours as you stated. majority of american people oppose obamacare. many on the left including powerful unions, once the law's stronger supporters conceded it

train wreck. i know you believe that but with a democrat in the white house and harry reid with the majority in the senate, what can you do? >> well everybody, understands that we'll not be able to repeal this law until 2017. we have to win the senate and win the white house. right now it is clear that this bill is not ready for prime time. it is clear the bill is infair. president given a waiver to employers. why can't we give a waiver to individual people across america? why can't we give a waiver so religious employers don't have to violate their principles and values in implementing obamacare? why are members of congress exempt from this but the american people aren't? the question the house has been asking why can't we have a defund of this bill for a year? why can't we delay the bill for a year and let the administration get its act together in terms of implementation and let the american people actually consider implications. nancy pelosi we had to pass the bill in order to find out what is in it. we found out what is it in. we the opportunity or obligation to decide whether we want to go forward or have a timeout and

consider whether or not it is right thing for america. bill: the majority of the republican house agree with you. it comes back to the question what power you have to push it through. with a democratic majority in the senate and a president, this is the bill. this is the piece of legislation in five 1/2 years. >> and he should explain to the american people and he should explain to the american people why he refuses to respect the rights of the constitution gives power of the purse to the house. james madison wrote in federalist 5the house of representatives has power of purse to achieve redress of grievance. the american people have a grievance against an incredibly unfair, unworkable and unaffordable law. the house of representatives is doing the right thing to using its constitutional power of the piece. bill: go piece by piece on this. that idea floated yesterday to make sure members of government have to live with obamacare. members of the administration have to live with obamacare. why not allow that to go forward right now and force the other side to show their cards? >> look, we should absolutely make sure members of congress

and members of the administration are subject to the same laws the american people are but that does nothing to stop the american worker whose job has been put from full-time to part time. that is doing nothing to watch the american family seeing insurance premiums go up by hundreds of dollars a month. there is real problem inflicting american people and washington, d.c. may want to sit here to play political games and punt. it is nothing doing anything to address real problems. bill: michael, i have 10 more questions. i apologize. we're out of time. we'll do this again. michael needham from the heritage group in washington, d.c. thank you. >> thanks for having me, bill. bill: all right. martha. martha: there are new developments in the explosions we told you about at los angeles international airport. they were dry ice blasts from inside restrooms for two nights in a row. such a weird situation. they tried to figure out what is going on. now they have made an arrest. why investigators say they do think this was an inside job. bill: also two young girls, ages 12 and 14 now arrested accused of driving this 12-year-old girl

to suicide. reaction from the victim's mother and what is next for the suspected bullies. >> we already had investigative information that she had bullied kids since she was in elementary school and it was not uncommon for her to bully other people. she is just a mean, nasty, little girl.

bill: so an airport employee now arrested after two dries ice bombs went off at the airport in los angeles. those devices exploding late on sunday night and gender on monday in restricted areas of the airport. an employee service area which handles bag badge and. he is grabbed ice from airplanes to make the bombs. he is now being head in los angeles on one million dollars bail.

martha: here is story out of florida where two girls have been arrested following the death of a school mate. investigators say that 12-year-old rebecca sedwick was bullied so relentlessly that she ultimately took her own life. and now these two girls, they are 12 and 14, are charged in her death. the polk county sheriff says that evidence online pointed investigators to these two young suspects. >> 14-year-old did a post early on saturday morning about 1:00 that said, yes, i bullied rebecca, yes, she killed herself, and i don't give a blank. we knew that there was total disregard for life and if she would say those things after she bullied rebecca, and after the parents knew that, and then we had to act more quickly.

martha: unbelievable. rebecca's mom sat down with our own steve harrigan this morning and he joins us now live from newport richie, florida, with more on this. steve, hard to imagine what this family is going through. how are they coping? >> reporter: martha, it's bizarre too that these online malicious postings continue, even after the suicide of this 12-year-old girl. it has been devastating to the family of we sat down with the victim's mother just a few minutes ago. she broke down. she said, one month after the suicide the pain now is even worse. >> she left a big hole. shoe really did. all beginning because of the arrest, it kind of opened -- >> yeah. >> kind of opened up the wound and made it fresh again. >> reporter: yeah. >> but in, at the same time it brings some kind of relief because it's, they're finally listening. i hate, really hate that it took this happening before people

started listening because it was serious before. >> reporter: the family has moved here from lakeland and they are hoping to get grief counseling very soon. martha? martha: your heart just breaks for that mother and what a shame that something could have been done and someone could have stepped in earlier, to discipline these two girls. where are they now? >> reporter: well the 12-year-old girl has been released to her family.r-old giw is in the juvenile detention center. her parents say her account was hacked. she is not posting anymore. but the polk county sheriff is not buying that excuse. >> you tell me there's not major league problems here? you tell me there's not parents, who instead of taking that device and smashing it into a thousand pieces in front much her child, says, oh, her account was hacked? we see where the problem is.

>> reporter: going to be a tough weekend for the family. rebecca would have celebrated her 13th birthday this saturday. martha, back to you. martha: what a tragedy. steve, thank you very much. bill: of the highest order of tragedy. martha: something needs to be done. this sheriff is a very strong man and he is right when he says not only do these girls need to be disciplined but their parents were made aware of it and stuck up for them. it's a huge, remember meagan meyer, similar case back in 2006. it's a real scourge among many teenagers. >> people need to know about the story. that is why the sheriff is talking out. because if more attention is not given to it, it will likely happen again. we'll follow that for you. let you know what becomes of that in polk county in florida. meantime a stirring ceremony as a army hero gets the highest military honor four years after surviveing a brutal firefight in afghanistan. what captain william swenson wants to do now.

we'll tell you what that is. martha: in a darker part of washington, d.c. this morning, the ball is now in the senate's court but why did the house deal fall apart and why are we learning now we may be very close to a new deal? minute by minute this is changing this morning. we'll talk to a congressman who was all over this last night. >> there is some concern we don't go far enough in delaying or repealing parts of obamacare. in our original proposal before the government shutdown we said, listen, let's treat american families, individuals, the same way we treat big businesses regarding taxes. listen, you're right, that is an internal issue we're having. if you think a prune is a prune, you haven't tried sunsweet, the amazing prune.

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bill: okay. fox news alert now. we are hearing through our folks on the hill the senate will put forward a deal in about 30 minutes and that deal could be on the floor of the house by the end of the day. we'll see if that sticks. meanwhile getting underway right now, there's a committee to find out what, find out if the white house had closed the memorials in washington, many of them open-air like this, in order to draw attention to the shutdown. steve centanni is watching that hearing. he is live in d.c. steve, what are the critics charging here? >> reporter: they're saying the obama administration used parks and park closures to play politics and emphasize the pain and suffering of the shutdowns. many parks are open spaces that shouldn't be shut down. there was an agreement last time around in the last shutdown for states to pick up funding but in this case it took 10 days to put

that same arrangement into effect and reopen some of the parks. the world war ii memorial of course has become a lightning rod for those who say the shutdown of the parks is unfair and arbitrary. veterans reopened it themselves essentially by removing barricades sunday. critics say the administration chose to make the shutdown as visible and uncomfortable as possible. tough questions will be asked at a house hearing that gets you know way right about now. states picked up funding and reopened a does parks this week, including arizona's grand canyon. >> this arizona landmark attraction draws millions of visitors every year and i just refuse to let wrong-headed federal policy deprive tourists worldwide the opportunity to see this magnificent landscape. >> reporter: park service chief jonathan jarvis has been called to testify at today's hearing, bill. bill: thank you, steve. we'll watch it. getting underway now. steve centanni in washington.

martha: so meanwhile the latest shutdown deal that has been proposed by house republicans falling flat late last night. speaker boehner forced to pull his bill after members of his own party said no, they would not support that bill. party conservatives reportedly would not back the measure. now the ball is back on the senate side with one day left before we hit the debt ceiling. with congressman sean duffy on the house financial services budget committee, joint economic committee. he is a guy that deals with money issues in the house. congressman, we welcome you this morning. >> hello, martha. martha: good to have you here. where are we? what happens next? >> last night the house couldn't get a bill out so now we have turned to the senate to see if they cut a deal. i'm sure they will later on today. the reports we're hearing could be next half hour or hour it is announced. i'm sure it will pass the senate and kick that over to the house. we'll get jammed. martha: seems like the dates are pretty set in terms of the cr

date and the debt limit date as to how much longer we kick the can down the road on those two topics but the remaining issue what if anything would sort of diminish the power of obamacare that would make the house happy enough to go along and support this bill. what do you think is left for those folks? >> well, listen, we, i think, i think last night's proposal i think would have been good enough. what we asked for is that the president do away with his exemption in obamacare. put the president and the administration in the law that he passed, this health care reform bill. and the reason that's important, martha, is, if the president has to live under the same laws as the people where he and michelle are signing up for obamacare and can't get into the website, jay carney doing the same thing, they would be that more willing to come to the table, fix it, repeal it and or replace it. i think that is key tenet here, making sure they live under the same laws we all do. martha: there is a lot of anger

floated that some members of the house, you say you think, how many would you say, who are supporters of ted cruz, who believe that, you know, digging in their heels on this issue had real merit and echos how a lot of people feel out there? >> well, i think there is disagreement more on the strategy from ted cruz. most of us agree we should have defunded obamacare or delayed it. it is just the strategy to defund obamacare and try to push that in the cr debate. i frankly think had we waited and allowed the obamacare rollout to take place, seeing that the exchanges and website not working, after two weeks of seeing that, i think as we came into this debt limit conversation, we could have got a one-year delay of obamacare. martha: yeah. >> which is one of the things we had asked for. i think a lot of us are concerned about the strategy that senator cruz put forward, not the ideas behind what he has been talking about. martha: understood. we hear every day though from viewers and people at home who just feel so strongly that this

has become such a routine, of crisis politics, that they're tired of. >> absolutely. martha: last night brit hume spoke about the bigger picture here. let's listen to that. and i want to get your thoughts on what he has to say. >> senator cruz in his adherents do not view things in conventional terms. they look back over the past half century, supposedly the golden era of ronald reagan and see uninterrupted forward march of the american left. entitlement spending never stopped growing. the regulatory state continued to expand. the national debt grew and grew and finally in the obama years exploded. they have seen american population becoming unrecognizable from the free and self-reliant people they thought they knew. they see the republican party having utterly failed to stop the drift toward unfree nation supervised by over weaning and bloated bureaucracy. they're not interested in republican policies that merely slow the growth of this leviathan. they want to stop it and reverse

it. they want to show their supporters they will try anything to bring that about. martha: what do you think about that, congressman? >> brit is absolutely right on but what i think we have to acknowledge is the fact that you have, you have only one house. we have the house of representatives. we don't have the senate and presidency. elections have consequences. so those who think that the president will roll on obamacare, is kind of like scott walker from wisconsin, our governor saying that he would roll on act 10. that was reforms that put forward that caused all upheaval in wisconsin couple years ago. he would never repeal that we have to work within the system and divided government the electorate gave us to try to stop progression of liberal policies and systematically move the country to the right. you have to actually connect with the american people with your policies, so you can win elections. and some who want to push it too far with strategies that don't work, in the end turn off the american people and -- martha: i understand what you're saying. i understand what you're saying and i just want to get from you,

when this vote happens, and you think it sound like it will get through the house when the senate bill comes back. john boehner will put it to a vote, how many republicans do you think will stand by the ted cruz philosophy on all of this and not budge in the end? >> well, listen that won't be the standard. what kind of deal cops out of the senate and a lot of people didn't come here to raise the debt limit and not reform the way we spend. we have $17 trillion debt. martha: they didn't allow this to pass last night. there are people dug in. how many are they? >> listen i think a lot of conference will not vote for the package that comes from the senate. you might get 20 to 30 republicans along with most democrats to vote what the senate sends over. listen, martha, we haven't dug in, we moved from defund, to delay in obamacare. it has been a pretty moveable caucus. only one not negotiating is the president. martha: understood. understood. congressman, very good to talk to you. thank you very much today. we'll see how it goes. >> thank you, martha. >> very revealing day throughout the afternoon.

veterans saying meanwhile enough is enough. >> we have been assured and reassured by the president and members of congress on numerous occasions that the budget won't be balanced on the backs of veterans yet here we are today. bill: why our next guest says the government should be ashamed of how military families have been treated in america, the last three weeks. martha: now for something completely different, bill. >> yes. martha: look at that. a snorkeler making the discovery of a lifetime. look at that thing. bill: that is not photoshopped either. is it? that ace the real deal. martha: we'll be right back. bill: 18-footer. [ male announcer ] eligible for medicare?

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which has over 30 years of experience behind it. ♪ call today. remember, medicare supplement insurance helps cover some of what medicare doesn't pay. expenses that could really add up. these kinds of plans could save you in out-of-pocket medical costs. you'll be able to choose any doctor who accepts medicare patients. and there are virtually no referrals needed. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions and help you find the aarp medicare supplement plan that's right for you. bill: new anger now on the effects of the government

shutdown. veterans holding a second rally at the world war ii memorial in washington saying the government should be ashamed of what it has done, forcing families to turn to charities like the fisher house to get through this. the ceo of fisher house took questions last night from bill o'reilly. >> is there a sense of urgency on the part of the federal government to help these people? >> bill, that is kind of what angered me the most. that throughout this whole episode there was no real sense of urgency from anybody. that it took constant pounding from you, and from other people like you to get this issue front and center. >> that from last night. steve gonzalez is a retired u.s. marine, assistant director of legion economic division. he spoke at yesterday's rally. welcome, sir. we heard you right before the commercial. >> good morning. bill: what do you make of all this? >> it is pretty much a disgrace to see how we have taken up and we took and oath to protect this country, defend this country,

only to see us now having to depend on charity just for our very own existence when you're seeing where the wounded warriors project last night announced that they're going to be creating the 20 million-dollar fund to help offset some checks to some 40,000 disabled veterans if come november 1st, the shutdown continues, november 1st, where the va would be unable to pay the disability claims. this is basically a disgrace to our service from elected officials, from members of congress and to the president. bill: do you agree with ken fisher when he says there is no real sense of urgency here? >> it seems as if nothing more than a political bickering among, i think all parties involved as we hold our nation's leaders and members of congress all accountable for this, this particular issue that we're facing right now, this situation. bill: yet, at the white house last week when jay carney was asked about this, the benefits for those killed in battle, he

seemed to think it was a non-issue. later congress moved and president signed a bill within 24 hours, but at that moment on thursday afternoon last week, he seemed to suggest that it was an okay thing that a charity stepped in and therefore nothing has to be done. when you heard that, what did you think? >> first of all, this is more than, it is an issue. as you saw yesterday afternoon where you had many service, veteran service organizations representing more than 10 million veterans across the country but also constituents, fellow citizens and voters, and to say this is a non-, non-issue, it is just outrageous to hear that from someone who represents one of our nation's leaders. bill: steve, tell me how veterans are being hurt, not just affected. >> well, they're being hurt for simple things as veterans who are attending colleges who depend on stipend to pay for their bills. provide food on the table for their family members as they're

traditionally, non-traditional students attending school to try to better themselves who will not get their stipend. won't be able to figure out, where is the next paycheck going to come and how they put food on the table. this is the type of things that we're facing right now where the american legion stepped up to try to help, also offset some through some of our programs and working through other organizations to help our veterans in the local communities across the nation. bill: the house made a move several times on this and it went nowhere in the senate. how did you feel when you were just stonewalled? >> it's, it's hurting to see that even though we have, we pretty much took the same oath, we took the oath to protect this country and took oath as fellow citizens in this country and to see our leaders who have taken the same oath are putting their own personal issues in front of what is best for this country and what is best for federal

citizens is something that shouldn't be tolerated and just disheartening to see. bill: doesn't seem like this is a country you fought for or this government you fought for either. >> sometimes it is, i wouldn't change my service for the world. i'm pretty sure my fellow veterans wouldn't change their service for the world and their experiences but it is disheartening to see this fighting and to see that, they can't come together and find a compromise. bill: thank you for your service. >> thank you. >> steve gonzalez in washington. we'll see if we get movement today, sir. thanks. >> thank you. have a great day. martha: hard to believe it but next month will mark 50 years since the assassination of john f. kennedy and a new book challenges all of the conspiracy theories out there. >> and a new york city letter, this was a snorkeler, made the discovery of a lifetime. what in the heck is that you wonder? it keeps on going and going and going. martha: that is a pretty little fish swimming by.

♪

martha: take a look at this. 18 feet long this creature that was found off the coast of southern california. so what is it? david is a naturalist for the natural wildlife federation and he joins me now. david, good morning. good to have you here. >> good morning. martha: this is an oarfish and it is very unusual to see something this large but it is, tell us about the species. there are three different kinds of these, right? >> yeah, like you said it is an oarfish and you're absolutely right the odd thing about this is that we are actually seeing

it. this is a species of fish that typically only is found in the really deep sea. their normal habitat is about 3,000 feet down. so the fact this particular one washed up close to shore and a snorkeler who happened to be science instructor with the catalina island marine institute. she saw it. this is cool and this is odd. she was able to drag it up on to the beach. it is not, you know, a sea serpent. it is not a monster. it is not anything, a freak of nature. it is just that, it is a species we don't see very often because the oceans are so big and so much are unexplored. we just don't see this fish very often. martha: wow, it is incredible. of course it makes you think about all those stories and sales of the loch ness monster. i thought maybe the loch ness monster was an oarfish like this? >> that is something i think it is really important to point out. we have so many stories about, monsters and mythological creatures, many of which are

based on real animals. the kracken, the giant squid is actually an animal that exists. mermaids were based on manatees and things like that. martha: wait a minute. mermaids don't really exist, right? >> no. despite what you might see on certain television shows. martha: television shows, my children were convinced. wait a minute. it has to be. i saw it on a science show. >> we call those mocumentaries. my job at national wildlife federation is get people excited about nature and teach them about it and sometimes the truth is stranger than fiction, right? these are animals that really exist that we know so little about. when you think about the fact that the oceans are under assault, we're massively overfishing them, there is awful pollution, climate change is affecting ocean, depleting water even faster than the air, for species like this we don't even know what their populations are because they're so rare and so

unstudied. learning about nature and events like this can really help us, kind of realize that the world is filled with amazing, real-life species that need our help. martha: i have to let you go but just one quick question, how old do you think this one is? >> you know, i have no idea. these fish can be 36 feet in length. this is only 18 feet. maybe it was an adult but not full-grown. martha: 36 feet. thank you very much, david, fascinating education on oarfish. bill: do you think that is good eating? martha: i think you probably could. i think you probably could. bill: does it taste any good? martha: we could ask the folks on the show to come up and see if they ate it. bill: i think a lost spice. martha: it was probably dead a long time. bill: senate expected to take up the bill at top of the hour. martha: milk's favorite cookie is being called as dangerous as cocaine. i kid you not. can you get addicted to oreos?

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martha: we are back in the house is back in session now. this is brand-new video of john boehner. he is heading back to work on capitol hill hoping today would be the day. we're hearing it could be. ana potential senate deal coulde ready any minute now. welcome to the brand name our of "america's newsroom." good to have you with us and another shutdown day. bill: 16 days we have been sitting here as the partial shutdown continues. 14 hours to go until the deadline. a little squishy deadline. right now there may be some movement on the deal. martha: live at the capitol where all the action is this morning. what can you tell us?

>> the senate minority leader and majority leader continue to hammer out as this potential deal, it could be finished as early as 10:00 a.m. if i get word of that deal, i will pass it on to you. if you get word of the deal, pass it on to me. it could be on the house floor as early as today. let's take a look at the primary components of this thing. a continuing resolution to january 15. a debt ceiling increase through february 7 requiring income verification for those receive subsidies on the obamacare insurance exchanges and create a bipartisan budget committee for both houses to report out by mid december. all this after it became clear last night the proposal he house was working on simply didn't have enough votes. a lot of tea party members cannot stomach it when they found out the repeal of the medical device tax was not going to be included in it.

nancy pelosi stated for all, basically very obvious to all. >> if the speaker thinks he's going to put all these extraneous matters and full faith and credit, he is going to have to have his own vote to do it. reporter: if it gets over to the house today, you can expect 18 or so tea party backed republicans to vote against it. >> the end of the day there is a political reality or red states democrats and republicans who say they are opposed to obamacare. today negotiating to extended permanently. that is not good enough. >> no votes by the tea party backed republicans will be more than overcome by probably widespread support by democrats in the house. essentially you'v you got a dea, crisis averted. martha: we will see.

moments away. do you think it will go to the house first and then the senate? >> probably to the senate first. i have all kinds of parliamentary procedures they can draw on to get around the prospect of a filibuster. they will get it over to the house today. martha: thanks. will there be a deal? send us a tweet. do you like the sound of this deal? a lot of people do not. the strategy remains one of the biggest issues here. we spoke to the calmest man who felt tha it had been handled afr the rollout started to run into some new problems of obamacare, it might have been different, but we will never know the answer to that. bill: less than 14 hours. no official deal. some republicans saying that is because democrats are protecting steve king on hannity.

>> democrats will defend everything the president wants the matter how irresponsible it is. they will defend the president. they are not analyzing economics, they are simply defending the president. telling the president he is wrong, tell him to negotiate with us so we can start to reform entitlements like medicare and social security and medicaid and obamacare. i am ready to do all of that. martha: meanwhile house democrats suggesting the tea party run the republican caucus. pointing fingers at speaker john boehner. >> they stall because of this deliberate effort in the house started by the tea party caucus and once again speaker john boehner has allowed that part of the caucus to run the show. >> what do you need to know now? fox news digital policy editor. you have been up all night. >> we've spent some time.

we've logged some bureau hours. bill: what happens today? the senate could take up this. how do you see it working? >> that is the reality here. the things that are described as sweeteners in the deal for conservatives, if one thing you are selling is limiting fraud in the new health insurance entitlement, obamacare, and we're offering less fraud in obamacare, you're the point of windowdressing on this, so that is where we are. the senate will pass this bill. what mitch mcconnell can try to squeeze out. house republicans were not able to get the deal done amongst themselves yesterday for that empowered senate democrats and put mitch mcconnell in a

weaker negotiating position. it comes back to the house. the question for john boehner is does he want to try one more maneuver with the markets watching, or does he want to just go ahead, put it on the floor and let it pass with mostly democratic votes with 18 republican votes and turn around and face his caucus? bill: the dow is shooting through the roof. the market thinks we are close to a deal here. what card could boehner play now if he has one? >> he could come back and say, this is what ted cruz wants, this is what jim demint, former senator who runs a very powerful political action committee, these guys, what they want, and they are very serious about it, kick the debt limit six weeks, would it down the line a little bit to decrease the presence leverage.

keep it shut down and fight on to get more on the health care law. that is what he wants, that is what ji jim demint want, that is what they want boehner to do. boehner is focused on the dollars and cents side, less on the obamacare side. his focus on having them survive and get to january with the next sequestration cap's go into place. that is the moment john boehner things he can have maximum leverage against the president does not want the next round of automatic cuts. bill: let say this gets done today. it will be asked to see many are for it rather than against it. what is the condition of the republican party tomorrow? >> if he decides to let the senate bill go through and it is the end of the line, he will be excused by the majority of his conference. there are no rivals within.

at the end of the day we're talking but inside this republican caucus. a b15, 20, 25 members who are part of the hard line that says nothing that doesn't defund obamacare is acceptable, so no. they don't have somebody that could rival john boehner in a leadership. they will be relieved boehner let them get off the hook completely. they don't have to vote for legislation they don't want, and number two, the crisis is averted and they go on to the next thing we had they will be angrier, but they probably will not be able to topple john boehner. bill: thank you. check out his politics page. sign-up for his daily political news page, go to fox news.com/fox news first and it will be in your inbox every day. ain't that cool.

martha: it is cool. how about this, a hig high schol principal in nebraska facing serious heat this morning after canceling the pledge of allegiance one day last week because of the government shut down, he said. he never cleared the plan with any administrators before hand and the school is considering disciplinary action against the teacher. telling people at the school he was trying to teach his students about government like here's what happens. very expensive to stand up and say the pledge of allegiance apparently. bill: have a listen here. >> yet another compromise, and harry reid said he is is a slap on bipartisanship. he wouldn't know bipartisanship is slapped him and said we are bipartisan. bill: what he wants to have happen now. he is our guest in a minute.

martha: president obama's newspaper dropping the hammer on obamacare. what does the "chicago tribune" say the administration can do to spare americans from the health care plan? bill: a wounded soldier losing four of his friends saluted his commanding officer from the hospital bed. the salute seen around the world next. >> i don't even think it was conscious. i think it was unconscious. that is the way he is. >> he felt that. it. >> he felt it.

bill: sent me back to the fight. our newest medal of honor recipient says he was ready to go back into battle. here he is awarded the medal of honor for his bravery in a seven-hour battle in afghanistan in 2009. he is credited with saving the lives of a dozen soldiers that day. this is video from that fight. helping a severely wounded

comrade in a helicopter and kissing the dying man on the head before returning back into battle. five americans killed that day. he has asked to return to active duty and army commanders say they will consider granting the request. martha: the "chicago tribune" is now joining the choir of critics that have been bashing obama cares rollout. some of them once members of president obama's inner circle who have been saying this is a wreck. white house press secretary, the former advisor robert gibbs calling it discretionary embarrassing. he says those responsible should be fired. dnc chair of congresswoman admits there is no excuse for the glitches being seen in this program. you add to the present headache his own security secretary has been critical of the president this week as well in terms of his failure to lead, he says,

with regard to the shutdown now that the arrows seem to be coming from the president's own side, what is to make of this? alan colmes, fox news contributor. an editor at the daily column and post of fox press weekend. welcome to both of you. i want to start with looking at a little piece of this "chicago tribune" put together here. this is a quote from one of the people who have been exploring the health care system trying to find out what is best for his family. so, this man, who was a nurse practitioner. he says when you take $10,000 out of my family's pocket each year, that is disposable income, retirement savings that will not be going to the local economy. i want people to have health care, just didn't realize i would be the one paying for it personally. >> w we're paying for it personally because we pay more money to cover those who don't have it. there are some problems in that,

every state is different. those states with the most exchanges, you are seeing lower premiums. one of the things it has to be straightened out is it varies from state to state, county to county based on specifics that can't be controlled. they really have to get it so that it is better around the country. mostly the blue states that were not so opposed to obamacare that have implement it without bringing the federal government to do it have had much more success getting premiums lower. martha: people have had trouble finding just one human being. i got on and got through and got my health care plan. tucker, alan says that act, everybody, it will be okay. >> that is not what i said. martha: hold on and it will get better? >> back and just just make my point clear. implementation has been terrible. the glitches, computer glitches, different than the policy itself. they should give it another year

to those people who don't want to get in yet, can't get in yet and let those who get in habit. but put a delay on it. >> people forget most people in this country have great health care and it is relatively cheap. it is expensive, but it is great. the whole point of obamacare was to bring health care for relatively tiny percentage of americans who didn't have it, so all of this is on behalf of an incredibly small group and the average person will find out i haihave to pay for this. it is not being footed by hedge fund managers. average people will pay more, especially young people. they have three years to set up this website. they spen spend more time develg it then google or facebook, and it still doesn't work. and people are shocked like there are lines at dmv. wow, how did that happen? this is what we knew would happen. martha: i want to go back to

alan, your point. essentially you are agreeing with republican position. the tea party position because what they were saying was they wanted a one-year delay of obamacare. so you agree with that. >> a one-year delay for those who cannot get on the website. those should be able to get it but because of the glitches, which are horrible, people who implemented it should be fired. those who can get in and want obamacare should take it. it is more than just providing health care, it is no cap on lifetime limits or yearly limits. before disability. it is not just ensuring making sure it is not part of america. >> people like that in the abstract, but a way turns out having no limits on your coverage costs money and that money comes from you. >> a lot of states are getting lower premiums.

>> you know the economics of this is very basic. young, healthy people subsidize older, sick people. that is the bottom line. >> people who have insurance for years have been subsidizing those who don't. the same thing what romney did in massachusetts, individual mandate, make sure everybody -- martha: hold on. all of these folks who have advised president obama over the years say this is not working well logistically. saying it is an underlining architecture problem in terms of the software and the computer rollout. but the political side makes the argument it had to be pushed through now. they want it now for political reasons because they wanted to work out the kinks now instead of when they were bumping up against elections. >> of course. that is the problem from the outset. one of the reasons exchange rules were not put in place until recently is because they wanted to wait until after the

resident election to implement it. why are they ashamed of this? all the deadlines have been political, that is the problem. martha: we will leave it there. bill: new developments in the explosions of an american airport. police making arrests, who they say is behind it and why they believe he did it. martha: next month marks 50 years since the assassination of president john f. kennedy. now there is an investigation that is blowing all of the conspiracy theories out of the water. you've got to hear this. when we come back. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation. [ male announcer ] join the nearly 7 million investors

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martha: a brave soldier salutes from his hospital bed talking at heartstrings around the world. army ranger was badly wounded in the explosion in afghanistan

last week. his commander visited him in the hospital to present him with a purple heart. everybody assumed he was unconscious until he managed to raise his hands to salute his superior. causing everybody in the room to tear up. >> when they see the picture, how proud are you of the family? >> i am overwhelmed. i am overwhelmed that's my boy that he could come for me. i am overwhelmed. martha: boy, what an amazing picture that is. the commander sent this photo and a letter to the pregnant wife calling it the greatest single thing he has seen in his 10 years in the army. they believe he was still unconscious but that it was just in him, that reaction and that response, we wish him and his family well. bill: they lost four soldiers in that battle. he will survive. and his wife posting on facebook

thank you everybody for their support. they will be updates on his condition. we will try to reach out to his wife and talk to her as well. in cincinnati, ohio. want to get an update on investigation into a dry ice explosion at the airport in los angeles. police arresting a 28-year-old baggage handler who probably had an ax to grind. live in l.a. with more. reporter: his name is carlos bennett. they arrested him in the l.a. suburb. they confiscated his cell phone and computer. he is held on a $1 million bail which underscores how brusque is look at dry ice bombs that exploded. not as a prank but a security breach the third busiest airport designed to disrupt operations and scare the public. bill: how did he do this? is this stuff accessible?

>> police say he got the dry ice off the airplanes he service. one bomb exploded in an employee restroom, the other on a tarmac nearby. dry ice bombs are not lethal unless you add ball bearings or nails, but by themselves they can cause serious injuries. the bombs may be related to a labor dispute due to recent merger, but motivation is still the big unknown. bill: thanks. what a surprise that was over the weekend monday night, back-to-back days. in los angeles. martha: tea party republicans stop in the house vote in its tracks last night. we will take a look at why he refused to vote for that deal. bill: also, dated two oreos? possible? the answer might surprise you.

bill: from capitol hill wishing the senate could take up a bill this hour. republicans drawing a battle line in the fight rejecting a plan yesterday and now the balls mess in its court with hours before we hit that so-called deadline. last hour we spoke to to a

republican. speak we have work within the system that they gave us to stop the progression of these liberal policies and we try to systematically move the country to the right. we have to actually connect with the american people and the policies to win elections. some who wants to push it too far with strategies that don't work turn off the american people instead of putting them into ideas. bill: sir, good morning to you, welcome to our program. >> thank you, bill. bill: what you think of what your colleague said that he does not work enough to get people to adopt your ideas? >> there is no statute of limitations on doing what is right. you do what is right regardless it that is what the founders anticipated. they wrote about. this is not being pretty. they expected gridlock because they knew when i wrote about this the alternative was if

congress just gave a president everything he wanted, all the money he wanted without any use of their own delegated duties, basically we move right toward the 200 odd years to fight against. i know some of my democratic friends are just ignorant of the history and don't understand how important it is to put our brand of the house and the senate on a bill. but you also to go back to the shut down on september 30 at midnight. they already had the barricades, collins from new york to california. south dakota. they had worked out in advance they were closing these things down. somebody in the senate had to have given them the heads up. we will not take up anything and that is the only thing that explains why they would turn

down our initial proposal and compromises including the one that was just capitulation that night before the shutdown. bill: let me try to cut through this a little bit. i hear you are not giving up. whether or not the bill comes in a house or the floor, you are still a no vote because it does not contain what you're looking for. >> at least that's due acr, at least everybody in the country fairly and safe so the one mandate will be suspended by the president did, let's do that for every american if we are doing it for business. at least put that on the cr. bill: how many would support that? >> i don't know. the moderates are firmly against it, they want nothing but a clean cr. it is for pork, waste, fraud and

abuse and it means we're giving in to the former government. bill: what about members of congress? >> i'm not existing the subsidies if everybody doesn't get the same deal. bill: it looks like it is going to stand right now, correct? >> it might. it is really embarrassing, but it may. it is just not right. bill: what was happening in that republican meeting late yesterday? when everybody got together and this was defeated. give me a sense of what the discussion was like, what the feeling was like in that room. >> we did not have a late meeting yesterday. we were told the votes would be early afternoon, midafternoon and the rules committee meeting at five: 40 and we finally got

notice they would be no vote. we had a meeting yesterday morning to talk about this and we were told that our leadership here is what the deal is. one of the things somebody back in the '90s pointed out was in conferences like that with republicans under newt gingrich, they were nasty, they were loud, people came in there and offered their $0.02 knowing when i left we would have 218 to vote for something. instead leadership came in, told us what we were going to do and they do not have the support for it. bill: you will live to fight another day. we will see you that day. thank you for your time, sir. >> thank you. ♪ martha: hard to believe but next month will mark 50 years since the assassination of president

john f. kennedy. now a new book is challenging the biggest conspiracy theories since that tragic day back in 1963. the professor, the kennedy half century hit shelves today. says all the wild accusations are bunk. lee harvey oswald was indeed the lone gunmen on of them are 22nd. he joins me now, director for the center of politics at university of virginia. larry, good morning, great to have you with us. a very interesting book. let's jump in with that. why do you say the commission in 1979 that found there was some sort of a conspiracy at work here is bunk? >> martha, we undertook the most serious and thorough analysis of the data and information used by the house select committee on assassinations since 1979. we subjected it to all kinds of tests, the most advanced test possible. they had focused on some sound

recordings made at the police department on november 22, 1963 to conclude there was a conspiracy in the death of president kennedy. we have loaned their commission apart. there is no conspiracy proven with their evidence, i can guarantee you that. once people look at this book and read what we have got, they will understand that. martha: it has to do with the gunshots heard on that tape, right? >> that is correct. the host committee said there were five gunshots heard on that tape. oswald only had time to shoot three bullets. there are no gunshots. we have actually proven the place where this was recorded, the policemen whose microphone was stuck and through which it was recorded was at 2 miles away from the assassination site.

believe me, the committee is completely wrong, that report is false. we have proven so in this> martha, he will not leave this, but 50 years after the assassination i've been able to interview people who were right there in the plaza who took key photos or videos who had important testimony to offer who were never interviewed by the commission. some of them even offered to do it and were just stunned. here is why. there were two flawed commissions investigating the jfk assassination. we are critical because it was a political process on a political timetable. lbj wanted to get it over with before the peak of the 1964 presidential campaign season.

they were more or less told to conclude what may have been true, but they didn't fully investigate whether he was the lone shooter. martha: also reveal a fascinating detail about a finding on the famous grassy knoll. >> we have a lot about the grassy knoll. one i will mention that gives me pause is that when you have the assassination, you have dallas policeman running up the grassy knoll, and they encountered secret service agents who presented their credentials. but every secret service agent was accounted for in the motorcade. they were at hospital or air force one or the trademark. there were no secret service agents and everybody agrees on that. who were those people? we don't know, but that doesn't mean they were assassins. martha: that is a fascinating detail i have never heard before on any of this.

what prompted you to want to go back and listen to the tapes again and investigate this all over again 50 years later? >> martha, when it happened in the 1970s i didn't quite believe it. it didn't hold together for me as an argument. this is an opportunity to clear the air and get people to focus clearly on what happened. not just what happened day, but in fairness to president kennedy, his legacy over these past 50 years. we actually studied how kennedy affected all of his successors from lyndon johnson to obama. by the way we found the most effective use of kennedy made by a republican. president ronald reagan who used the strong anticommunism and report for across-the-board tax cut to support reagan's own policies. martha: fascinating. we remember the picture of a young bill clinton shaking the hand of kennedy as well as a part of his campaign.

thank you for giving us a little bit of a peek into the kennedy half century. we will see you soon, serbia to >> thank you so much, martha. bill: wow. we have a document or we're working on. reports we have never heard from. conspiracies run wild and kennedy to this day with the 3d animation that we re-created and our investigation takes you through the files. it is extra nerdy stuff and will make you think twice at a minimum. coming up next month. if the democrat why he thinks the president wants the u.s. to default in the end anyway. we will have that. to have you ever met a smart drug dealer? maybe this woman will not fall into that category. who should text messaged trying to do a deal.

great. this is the last thing i need.) seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch. for brakes, tires, oil, everything. (whistling)

martha: fox news alert. a stunning new interpretation of the shutdown battle now claiming a u.s. default could make president obama the most powerful commander-in-chief in modern times? those words from former democratic ohio congressman dennis kucinich who is a fox news contributor. welcome. >> good to be with you, thank you. martha: what do you mean? >> a 14 amendment, section four, says the validity of u.s. public debt shall not be questioned. it is very clear if president obama chooses to, he could simply declare that the debt ceiling laws invalid under the 14th amendment, section four. he can then order treasury to basically pay the u.s. bills

that are due. what is happening here is that congress is in danger of weakening the very institution of congress set up by article one that gives congress the power to tax, to borrow. if it fails to act, it is open the door for president obama to essentially breach this article one power by relying on his constitutional power under article two which says he has to take care of the laws to be faithfully executed. we are looking a constitutional crisis, showdown, and this is a card president obama could surely play. martha: why hasn't he, do you think? i will just go ahead, he has said before when needed he would take action. >> first of i don't think the president wants to come don't

think any american wants to default. but as we head toward a possible default, it should be understood that the 14th amendment, section four, says the united states essentially has to pay its bills. some could incorporate it. the president could end up becoming more powerful if congress fails to act. martha: it is an interesting theory and could essentially play out. i'm curious what your answer would be in terms of congress and their failure to come up with a budget for five straight years. hahaving also negated their constitutional duty to formulate a budget. >> you can absolutely say that. my concern is that the institution of congress be protected, the founders created congress as a branch of government first among equals as article one creation. we're in a position where the congress by failing to act could essentially cede power to the

president that the president has never had to move forward in a default under the 14th amendment section four percentage they say look, we're going to pay our bills, ignore the debt ceiling and treasury should go ahead and pay these bills, which congress has already authorized and appropriated money for. this is about meeting obligations that have already occurred. martha: we will see how it will all play out. congressman, thank you so much, good to have you with us today. bill: we have all been there, once you start, you cannot stop. oreos are as addictive as hard drugs. do you buy it? separate in the fact from the fiction. in minutes. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job,

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♪ bill: some foods are just when addictive. now we have scientific proof new research finds america's favorite cookie is as addictive as cocaine or morphine. dr. manny alvarez, a member of our fox news medical team. what is up? >> don't take my oreo away. bill: were you oreo guy or fig newton? >> i would go with the nutter butter. bill: connecticut college did this study, what do you think of the findings which mark >> the findings bring nothing new to the table. we know sugar and fat when you look at the stimulation centers of the brain and the cerebral cortex is lights satisfaction. it is very similar to what you

get with a lot of things that stimulate your brain. they compare it to cocaine or morphine or heroine of this sort. there is a big difference. they try to link this whole thing about how addictive it is and therefore this may be a big problem for obesity epidemic in america. give me a break. it is multi-factorial. a lack of exercise, portion problems, stress, economic factors. one cookie ain't the problem. bill: they go a step further now. their study concludes at a college they went after the oreos more than they did the other drugs in the lab test. what does that tell you? >> they taste better. that is all it means. bill: suggesting it is more addictive than a hard drug. >> you can mak cannot make that comparison. know what they were trying to

prove, they did a histological analysis of the brains of the rats. i got all of that. it stimulates the center of the brain. but comparing the chemical effects from heroin or cocaine. those chemicals not only stimulate the same area of the brain but they alter metabolism so that makes addiction gigantic medical problem an issue. getting estimation from an oreo cookie, you're hooked on it, you're going to go to these. there is no proof, no reasoning. bill: high-fat, high sugary foods. >> you will see that even in mcdonald's. you can bring food into the same equation as you can the other chemicals. you know what, we have will, we have power. you can stop eating them. you have reasoning.

bill: that is why we keep you around. >> enjoy it with moderation, of course. martha: on capitol hill the legislative tax we understand on a set-aside of this this bill is now finished. that is confirmed by a senate aide. also the u.s. house of representatives saying they will be ready to take up that bill, so we may be getting somewhere on this whole thing, folks. we will stick around and come right back after this break and how you what is going on. good job!

still running in the morning? yeah. getting your vegetables every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories.

>> bill: as we mentioned at the break. fox news confirming details from the late last minute deal from the u.s. senate. details are this, continuing resolution through mid-january. that parks past the holidays. debt ceiling increase goes through the first week of february. the president retains ability to take extraordinary measures, all right? income verification for those who receive subsidies on the

obamacare insurance exchanges and also instructions for this budget committee report by mid-december. no flexibility for sequester either. i assume that means the sequester stays at it is. spending does not come back. martha: based on what we learned from susan colins's proposal the senator, she wanted agencies to have flexibility on the sequester to move the money around to make it less onerous to agencies. they're saying no to that. that comes back to the issue whether or not the administration wants things like sequester to be hurt and obviously to people that it will be hurt. republicans who fought hard against this will get next to nothing on this bill. bill: if you're manager of the money you want to manage the money. martha: agency requested flexibility was shot down. bill: well be back together at 1:00 on hq. we're joined at the hip.

martha: we are. together at rest of the day. yea. bye, everybody, "happening now" gets started right now with jenna and jon. jon: a fox news alert and we might have a deal. good morning, to you, i'm jon scott. our sources on capitol hill are quoteing a senate aide that says the reid-mcconnell legislative text is finished. that is a deal the two parties in the senate, the two respective leaders of their parties have put together. senate republicans are going to meet, well, just about now to discuss that deal and according to senator ayote cited by the ap, they are expecting to make a formal announcement about the legislative language. wouldn't that be good news if all of this could be over at least for a time? jenna: almost too good to say, so we won't say it yet. we'll wait for the official announcement. meantime, hi, everybody, i'm jenna lee. it is now