and deal or no deal? how will the markets react to tonight's vote? they are coming, you know. find out tomorrow, "varney & company" is the name of the show you should watch. 9:20 eastern sharp. it's on fbn. please don't miss it. all right? "the five" is next. hello, everyone, i'm kimberly guilfoyle, and this is a fox news alert. after 16 days of shutdown drama, it seems there may be a deal in place to reopen the government. yesterday speaker boehner couldn't corral members, but today reid and mcconnell seem to have forged an agreement. the senate is expected to vote at any moment. assuming it passes, it will move immediately to the house. what does it look like? let's go to our chief white house news correspondent, ed henry, who's got all the details. ed? >> reporter: kimberly, the bottom line, the broad outlines are similar to what we've been hearing over the last couple days. senate leaders had a deal close to this monday night. now it's back. basically get the government

back open until mid-january, get the debt ceiling extended until february 7th. this is all premised on the notion that there would be? sort of broader budget talks that would wrap up by december 15th in order to deal with potential changes to the president's health care law, that republicans like ted cruz have been pushing for. one thing on the table, for example, would be a delay of maybe up to two years of that medical device tax. so a lot of different things would be on the table. but let's be honest. we've heard this kind of talk before about kicking the can undo the road. we're going to have a super committee or somebody who's going to deal with all these important issues, and then it gets punted and punted. so we'll see whether or not they're going to actually deal with those bigger, broader budget issues down the road. in the short term, as you mentioned, we're expecting a vote in the senate, the key vote to get this going 35:00 to 7:00 p.m. then the house, what will they do? speaker boehner signaled for the first time a couple hours ago he's not going to opposed this

senate compromise. that's significant because even if there aren't a lot of conservatives on the board, boehner is willing to put it on the floor. there will probably be just enough republican votes combined with democrats in the house to get this passed. but none of that is certain. that's what we expect. but again, we can't assume anything at this moment. that's why we have not yet seen the president, we're told, because he wants to make sure that these votes actually move forward and this deal gets done. we should also note that the treasury department at this moment, we're told, has about $39 billion in cash on hand to give you an idea of how they're about to run out of borrowing authority. $39 billion. not bad. i'd like to have a bankroll like that. but it's clearly not the kind of bankroll that eric bolling has. >> nice. you've been with us for a little bit now. >> reporter: that's a lot of dough. >> ed, this is beck. the last time they had a bicameral committee to deal with the budget, it was the super committee that had extraordinary powers. they were allowed to -- if they

could have reached agreement, they would have gone s floor, uo amendments. that was an extraordinary moment, i thought. and they lost it. is that going to be similar here, or are they going to bring in the traditional committee chairs and all that sort of thing and have to go back to the legislative process if they get a deal? >> reporter: good question because it's technically not a super committee. it's sort of going back to the old regular order, go back to the house and senate budget committees that were sort of bypassed before. these are the folks who are supposed to be grappling with these issues and getting it done. both parties have been saying, look, let's get behind closed doors and work on it. let's do it finally. so i think the two key players to watch there on the democratic side, you've got patty murray who's been powerful among senate democrats. she's going to be influentialin. and paul ryan, former vice presidential nominee, he's the house budget chairman and is somebody who was letting speaker boehner and others take the lead naturally in recent weeks, but then was taking on a bigger and bigger role in recent days.

and paul ryan is the one who put the blueprint for republicans on the table initially. he's obviously looking potentially at 2016. i think he's somebody who's going to be balancing a lot of political aspirations but also somebody who's very serious about these budget issues. democrats have sharp differences over what he puts on the table. but he's looked at these issues carefully as has patty murray on the democratic side. i'd watch both players because they're the ones tasked with getting this done by december 15th. >> eric? >> ed, i gamble. i play poker. and one of the things you do is when you have the losing hand, you don't keep pushing chips in the middle of the table hoping you somehow eke out a win. is there a win for the republicans? i believe there is, but i don't think that's going to happen for another year and a month, 2014 elections. is there a win? they can't walk away from this saying, sorry, we got nothing. pockets empty. where's the win? where's the silver lining? >> reporter: i think it's hard for republicans to spin this as a win, as you suggest. i think clearly the president got most of what he wanted. what republicans might be able to take solace in would be a number of things.

politically. one would be that the president obviously wanted to extend the debt ceiling, say, for a year or more. he doesn't want to be dealing with this again in february. that's still out there. he wanted to get the government open for a lot longer than mid-january. and another thing, so those are still levers that are out there. the white house thinks that's hostage taking, and that debate will continue. but the president didn't get all of what he wanted there, number one. number two, think about the sequester cuts. the white house wanted and the senate democrats and others wanted to roll back some of those sequester cuts. second round will kick in in mid-january. that's part of the reason why that deadline is matching up there. and so the republicans are going to have to fight on some of those spending cut issues that they clearly lost in this first round on. but they're hoping to fight another day. >> ed, it's dana. i have two questions. the first -- >> you can only have one. >> i have two. want to arm wrestle me for it? because i will win. okay, ed. two questions. first of all, what's the plan after the bill tonight?

is it stand in the end zone or a lot of work to do and we've got to move on? and the second part of my question is, the democrats -- i don't understand why they would agree to do some sort of budget negotiation before the end of the year because what this deal hinged on was what you mentioned on the sequester cap. if republicans can claim that as a win, the democrats are going to come back. they want to bust those caps anyway. the democrats believe that the problem is that we don't spend enough, not that -- they're not a anywhere close to what the republicans want to do in december. >> two things. one on the dancing in the end zone, publicly jay carney said today at the podium that basically this is a gloat-free zone and there are no winners in this because he was saying that the american people have been damaged as the parties battled this out. but look at yesterday's briefing, and i went back and looked at the transcript. and jay carney noted that republican commentators are noting that the republican party brand has taken a hit. so if they're not going to claim victory, they're at least saying that they believe republicans

have lost, and we should note that the republican senators, not democratic ones, but republicans like kelly ayotte of new hampshire today saying on the senate floor that she still wants to repeal the president's health care law, but she thinks the strategy was failed and that shutting down the government was a big mistake. that's something republicans have to work out. in terms of the december 15th deadline, here's why it's good for the president to have that december 15th deadline. he said in an interview yesterday with an l.a. tv station, he wants to move on to immigration reform. he's got other legacies. by the way, the president hasn't gotten any of his agenda done. he's been stalled and he's becoming a lame duck more and more. to get this budget stuff out of the way as quickly as he can to move on to other stuff. >> you brought up legacy, lame-duck legacies or not, that was a pointed questioned during the news conference today. you asked a couple others saying does the president bear any responsibility, any ownership of this situation? take a listen to a bit of sound

here about what jay carney had to say. >> why have you not been able to create a bipartisan atmosphere here? and do you take any of the blame on yourself for that? >> well, you know, i think that if you look at my track record over the last four years, i have consistently sought compromise, sometimes to the point where democrats have been mad at me, but i didn't care because i did what i thought was best for the country. >> the president, a question from wabc reporter. greg, a lot of people talking about this saying the president could have stepped in, really had a shining moment in his second term to do something to bring these two parties together and work out a compromise. >> he didn't have to compromise, you know? do you think he really was going to de-fund obama care? it was one of the most i hdioti things you could ever think of. ed, thanks for leaving that press conference early to meet me for sushi earlier. americans in general, do they get anything out of this?

it seems to me they're the losers in all of this. >> reporter: well, do the american people get anything? i mean, i think there are conservatives around the country certainly sending me tweets and saying, look. they're standing with ted cruz because they think that john boehner and mitch mcconnell and some of these other leaders in washington haven't stood, in their estimation, on principle. and that while cruz ended up not getting very much of anything that he wanted at the beginning that he stood up, he forced, you know, this big calamity, and there are certainly people at the white house who believe it was disaster and that it was a waste of time. but there are conservatives who believe that it was time to take a stand against the president's health care law. and they're going to live to fight another day on it. and so they don't think it was a waste of time. there are certainly conservatives out there. there are democrats who i think also don't think it's a waste of time in the end because they believe it exposed that the tea party is really controlling john boehner, and john boehner's going to have to deal with that in the days ahead. and that they're trying to strengthen up the president because his numbers have been bouncing around. and when you talk about lame-duck status, at the beginning of the year, i remember the inaugural address

where he laid out a very aggressive agenda. and he added to that after newtown, gun control, and he was talking about climate change back at the inaugural and a grand bargain budget, immigration reform, and he hasn't gotten any of it. so this december 15 deadline on some sort of budget talk is very important because if he doesn't get anything there, and that becomes a failure like bob said with the super committee of two years ago, this is a president who's going to be going into year two of his second term pretty empty-handed. >> ed, i guess my point was, the american people lost because the junkies won. we knew how this was going to end a month ago. the fact is it always ends this way. we never -- we never get rid of the debt ceiling. we always extend it. gridlock would have been better than this. >> reporter: what was the alternative? potentially go into default and see the economy crash? i'm not sure what was plan "b."r has to cobble together the democrats in the house and 20 or 30 republicans. does he survive his speakership?

>> reporter: that's a good question. in the short term, i think he does. long term, it's just going to be very hard for him to lead. if he makes it through the end of this term, i'm not certain that he can, you know, if republicans hold the majority, that he's going to be the speaker in 2015. there's going to be a push in the weeks and months ahead probably to get some new blood in there. it's interesting, someone who's friends with the speaker contacted me last night and said -- he said the white house better be careful if they think they want someone other than boehner, though. and this person is close to boehner likened it to the arab spring. there were leaders in the arab world that we didn't always agree with but they kept stability. this person who's close to boehner waspeaker and will agree with the president on absolutely nothing? so every single issue we're just going to have complete chaos? i'm not sure that that's going to obviously help the president's agenda, but i'm not sure it's going to help republicans long term either. >> thanks, ed. keep it here on "the five." we're monitoring those votes tonight closely. as we've learned over these last two weeks, absolutely anything can happen. directly ahead, some advice for

lawmakers from the oracle of omaha. warren buffett on the debt drama. before we go, please check out our facebook page at facebook.com/thefivefnc. we also have a brand-new website at foxnews.com/thefive. back in a moment. stay with us. when i first got shingles it started on my back. and i had like this four inch band of bumps that came around to the front of my body. and the pain from it was- it was excruciating. it made me curtail my activities cause i'm really an outgoing kind of a guy. and, uh, i like to play sports, i play basketball, i play pool. i did not want anyone to brush into me to cause me more pain than i was already enduring. i went to my doctor; he said well you actually have shingles.

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this is a fox news alert. we are waiting for the that the to vote on a deal to end the government shutdown and raise the debt limit. and while we wait, some economists argue that this debt deadline at midnight is an artificial one. d-day or not, one of america's top financial wizards has a warning for lawmakers. don't let the u.s. default and do not play politics with our debt. here's warren buffett. >> you might say that the threat to not raise the debt ceiling after you've already spent the money, it's really a political weapon of mass destruction. there are certain weapons that are just improper to use against humanity. and to use this against the american public, it is a political weapon of mass destruction, and both sides just say, we're not going to touch it just like poison gas, just like

with nuclear weapons. it's too powerful. >> when warren buffett speaks, the markets tend to listen. do you think he was on the right track? >> let's point out, yes, one of the most successful investors, smartest men on the planet as far as investing but also understand one of the most liberal men on the planet as well. warren buffett also made somewhere in the tune of $10 billion to $15 billion on a billion investment in goldman sachs. he put $5 billion, the government came in and supported with $20 billion, his stock went up with it. warren buffett had an interest in the government. he had had an interest in making sure that the obama administration -- obama care, all that stuff worked out. he's very extremely liberal. he's completely wrong, and he's using the same rhetoric that the left has been using and frankly a lot of media people have been using, a risk of default. there has never been a risk of default. we don't default when taking $250 billion bucks and have a $24 billion obligation. you just don't default. he was playing politics. >> but what you don't have

you pay the debt. that's right. so you're not in default. >> default. that's what he's saying. he called default a weapon of financial mass destruction, and he's wrong. >> you're talking about the interest on the national debt. >> that is the technical definition of default . >> you're also defaulting on a number of contractual obligations you have to people and are also defaults. >> which would have no effect on our debt rating and how other countries see our credit worthiness or anything else, bob. >> greg, would you get rid of thealtogether, or do you think it's important to have it as leverage, and then if we bump up against it, as you said in "a" block? >> how can you get rid of something that nobody pays attention to? i mean, it's pointless. the more they scream, the bigge. the more hysterical a person is, the less harmful it is. and i'm convinced, as eric is, that this is b.s. when they talked about the ng t end up like italy.

we're going to end up selling our land marks and islands. turn it upside down, hot tub. >> love it. controlled water. >> controlled water. >> go ahead. >> kimberly, can we change the topic to the possible politics of this, which that president obama said that his next goal starting tomorrow is -- his priority is immigration reform. do you think that's good politics, or do you think the country needs a little bit of a breather before we go all in on that debate? >> i think that's pretty aggressive politics. pretty boastful because i think he feels like he can check the box, that he won on this one. let's move it forward and he's going to do whatever it takes to move forward his progressive reform agenda before his time is up. and the clock ticks. >> what do you think, bob, on that? would you move immigration next, or do you think that president obama would be smarter to do something like the corporate tax reform piece or something on entitlement before he gets to that deadline and has to go through all of this again in december? >> well, he's going to have the

congress doing that through to december 15th. maximum politics, maxims, when you've got momentum, you keep at it. momentum right now -- also not only is momentum with him, but it is also with immigration reform because republicans, a number of republicans, recognize that they have to do something about it, or they're going to add this on top of beating immigration reform. that's the other politics here. put immigration reform up and dare the republicans to beat it again. you take that combination, and the republican out in 2014. >> what do you make of the politics of that? >> of the timing? of immigration now? >> yeah. >> i think bob's right. go for it all now. you have some momentum. why not? but i -- i disagree. i think by 2014, you have -- we're going to go through at least one more debt debate, maybe two more debt debates. and eventually you start saying look what's going on. all they want to do is continue to raise the debt ceiling and spend more mope. are you better off with obama

care? if it's working for you, they're toast anyway. if it's not working, which is my hunch, it's going to fail and prices are going to go up. you're going to wait for your doctor. all those things are going to go on. and then i turn it no matter what you talk about now, you turn around and talk about obama care. those are the guys are making sure you're in obama care instead of having your own doct doctor. >> there's a steep drop-off in people clicking, failure to launch, get on. >> delaware had a big announcement. they have their first signer-upper for obama care. >> joe biden. joe biden. he thought he was signing up for a new cable system. you know -- >> it's a relative of an elected official, i think. >> the upside to this is if there was no cable news, this kind of stuff used to happen in a dark room. the mugging of the american wallet by d.c. you never saw it before. now everybody can watch what happens in broad daylight thanks to cable news. can you see how this works.

the debate really isn't about anything but how much money they can get from you. that's says what it's about. it's disgusting. and obama, what he did essentially during the shutdown was punish the people who believed in principles, the tea party, and rewarded those who believe in power, unions. >> i havy et to see whether the unions were rewarded. >> they will be. >> one thing about the obama care. i've been giving a lot of thought about this, and i know i've been -- i'm sorry. >> i thought you were going to talk about that in my segment. >> we can hold it. we're going to hold that piece because bob has a thought that we're going to hold. >> i will hold it. >> write it down, bob. directly ahead, president obama makes a stunning prediction about obama care. what is it? stay right here and we'll have it for you in just a couple minutes. 7k

still waiting for the that the to vote any moment on a deal to reopen the government. yippee. and raise the debt limit. when they do, we'll let you know. meanwhile, president obama says the gop will stop calling it obama care once obama care works. translation, it will always be called obama care. as it should be, it's his legacy, his big, fat, sloppy baby. and it was never about the program working anyway. it was a punitive strategy for shifting wealth. two years ago, there was a sad story about a director of the nhs which is basically britain's obama care. she died after her surgery had been canceled a number of times at an nhs hospital. meaning the health care she ran couldn't fit her in. sadly, she had the principles to stick with public health care. she paid for it. this is why those who brought us obama care. they really don't want it. it's another scary bus obama keeps throwing people under. but if you live by the health plan, you should die by the health plan.

but asking obama care apostles if they signed up, it's like asking a vegetarian why there's a burger wrapper in their car. remember how the media once championed the downfall of corrupt televangelists, preachers would sell fidelity until a sex scandal took them down. obama care's no different. you have all these shouty do-gooders explaining how obama care is the way as they cling secretly to their own private health plan. for they believe they can say what's good for you as long as they get something way better. that's a preexisting condition no health plan should ever cover. so bob, you were trying to make -- you were going to make a point in the previous segment, which i cut you off. it was about your thoughts have changed a bit. >> to this extent. i believe firmly that the construction of obama care is exactly the right way to go to take care of people who are unemployed today. i've reached a conclusion, and

after reading and talking to two people whose judgment in this field i trust very much -- >> who? >> i'm not going to get into who it was. one is a republican who i like a lot, is a retired senator. that it is clear to me that the people this is meant to help, because it is now so screwed up architecturally that they can't get their benefits now, that it is worthwhile taking six months or a year off and get it right and then start it again. at the stage it's in right now, what's happening is you're taking people who desperately need health care, and they're being scared away because it doesn't work. let's let it work and then have them get back into the exchanges. in the meantime, i guess another year without health care is sad. but if that's what it takes to get the right -- they get this thing working correctly, i think it's well worthwhile. >> there's a point, kimberly, about turning the rollout into a rollback for a decade or 20 years until they get it right. >> i'm voting that today in

probably 29 minutes. >> even people that are on obama's side are saying this is a horrible thing. wawasserman-ss to say. >> i don't think we should be making excuses. there should have been a better rollout and a better design. >> eric, you know it's bad when she's telling the truth. >> yes. rough. >> a couple thoughts. if they kants get this right, can you imagine the mess that obama care, actually trying to get to the doctor part of obama care is going to be, and it will be. things at the post office, the dmv, think of that times ten on steroids. be careful. but we said it yesterday. i think that president obama could really go down in history as a great person, a great -- i'm not going to say nonpartisan, but go down in history by doing something unprecedented by saying my own

signature legislation, we're going to delay it for six months and get it right to make sure it does go right. but the problem is that man, his ego is so big, he can't even see how bad it is, so he'll never do something like that. >> this is some of the things people were talking about earlier. what kind of responsibility does he bear? and if he does have responsibility, he's the president. it'slegislation. it's one of the things he wanted to achieve in his presidency. it's not worked so far. there's really no excuse for not having a few, like, college students try and log on and do some practice runs to make sure that it was actually operable. it's really shocking. and you want to turn all of our private information over into the system that is not ready to go. i mean, bob's acknowledging it. that's what i think the president should do. >> we already turn all our private information over to the insurance companies. >> private but not to a big government agency that has people that aren't vetted or have criminal background checks. >> get it out in the public without your knowledge. you'll think a little differently about it. having said that, i think you're

right. if he would delay it six months -- and i think you're going to find increasingly, people like myself who believe that these exchanges are exactly the right way to go need to have it done right. so six months delay, it's not going to make their lives any different. they have to go to emergency rooms anyway. these are horrendous bills that you all will have to pay. >> do you think that's sufficient, bob? >> i think it probably would be, yeah. >> it's like a doctor with a terminal patient. i give it six months. hey, dana, obama's biggest fans, the youth, are the ones that are getting nailed the most. you have bloggers claiming that their premiums are doubled. they're outraged. >> how could this happen? >> isn't there a sense of justice here? >> a little bit. whatever you call it. >> short and frotto. >> what did you say? >> i do think that the republicans -- if they were to get the delay, let's just say that president obama comes to his senses and realizes that the best thing to do is to delay this for a year. my concern for the republicans

is that people are concerned and broadly in the country that you're going to throw the baby out with the bathwater. there are some things about the health care bill that they like. framp, the preexisting conditions provision. that is something that if there is a delay, there should be some sort of agreement or written into the law that everybody agrees. preexisting conditions remain covered. throughout this while we figure out the next year. we're in a fantasy land. president obama's not going to do this. >> i don't understand the preexisting conditions. somebody's got to explain this to me. >> you didn't understand it yesterday. >> theoretically, i don't even need housing insurance. if there's a fire, then i just get the insurance. >> i can give you my example. i had heart bypass surgery. i could not get insurance. maryland came up with a form of obama care where everybody had a chance to get into a health plan, and i got insurance. >> but then you should pay dramatically more than anybody else, if you have a preexisting condition. >> bolling. >> that's the point of obama care. >> you don't. that's why the young people are

getting screwed because they're paying for the preexisting conditions of a high-risk person. >> and choices and worst service. >> there are a lot of people who don't have preexisting conditions who do not have health care. >> socialist platform which is consistent with the president's philosophy. >> you're right, these premiums. but if you had everybody in, those premiums would go down. >> that goes against the idea if it's only for a certain segment of society. >> we've got to go. aeric's on media watch. if you want a good laugh, stick around.

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you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪ this is a fox news alert. at any moment the senate will vo that was struck by both parties to end the shutdown. when they begin voting, we'll bring that to you. first, chuck berry, executive producer and i, were talking about some of the crazy questions we've heard journalists ask lately, and some of it just wacky. you have to see it to believe

it. we've got a new segment. we don't have a name for it yet, but we think you'll get a kick out of it. first up, imagine you're a journalist. your big moment finally arrives. all the tests, all the research, all the homework at j"j" school and there you are, face to face with the president, the government is closed. we're on the verge of economic catastrophe, and you have a chance to ask whatever you want. you've got five minutes. diana williams spent part of her time asking this. >> my daughter asked me to ask you, what is the coolest thing about being president? >> you know, for me, i think the coolest thing is that if there's somebody interesting who's doing anything, a scientist, a sports figure, you know, a writer, anybody in the world, if i want to call them up -- >> they'll pick up the phone and talk to you? >> they will answer my phone call, and that's a pretty cool. >> that is a pretty cool thing. >> go to "j" school, would that be -- >> that was amazing.

i love these moments because it's like seeing a celebrity when they go get coffee without their makeup on. that's the media with their slip showing and that slip belonged to obama. this is media bias bubbling up out there. she looked like she had a crush on him. >> yeah, she had a little crush. >> always it's like the coolest thing. my daughter wanted me to ask you how cool are you. so then she becomes the cool mom. what's the coolest thing? >> kim, the world is on the edge of economic catastrophe. what's the coolest thing about being president? >> she was crushing. that was the thing. she really was. she just had, like, a little crush on him. she's, like, you know, the obama -- ♪ i've got a crush on obama >> i think it was a good question. i would want to know what the president thinks is the coolest thing. >> in the middle of an economic catastrop catastrophe. up next, msnbc's thomas roberts who went a little nuts yesterday. thomas, this is no way to treat a sitting congresswoman. >> when it comes to obama care, do you hate obama care more than

you love your country? >> i got to tell you something. i think that comments like that that you are making are just incredibly inappropriate. what we have to realize -- >> you don't think it's incredibly inappropriate to shut down our government and to take all the hostages of americans that you've taken? no, no, it's not inappropriate because you've taken the government hostage to a shutdown, and all the american people, you're now walking them to a cliff. >> what are your thoughts? >> first of all, i said who was that? i never heard of that guy in my life. >> i think he plays a newscaster on a sitcom. >> he has two first names. you never trust a guy with two first names. >> what about ed henry? >> well, no. >> thomas roberts is very nice. i know him very well. >> you do? >> he's a friend of mine. >> you were married to him once. >> no. >> can congresswoman blackburn run circles around him like it seems? >> he's showing his politics and what he thinks. you know. >> i think it's outrageous, he

never should have asked it. i don't agree with her politically. she's an awfully nice person. the question was absurd. however, the question asked about president obama -- >> you know what her signature legislation was this year? >> what? >> to delay obama care for a year. you agree with her. >> all right. and the one i love the most. i love media. it's a great media blog. i read it every single day. but there's one little blog are there who may take the academy award for the dumbest question of the year. tommy christopher, dude, what kind of jackass comment is this? >> is there a chance the president is willing to delay obama care for a year if republicans were to agree to delay heart attacks for a year? >> are you kidding me? >> i used to get questions like that. >> it's a great question because, again, it exposes the media bias. it's me. he had a heart attack. it's about me, sir. what about me? >> yeah. >> you know what jay carney

should have said? he should have said why don't you try a gluten-free diet. i always think of the best things that press secretaries should have said but didn't. >> can we take another look at the picture of that guy? >> look at bob. >> does he not look like he's just out of the psychiatric ward at bellevue? >> here you go. you make these personal comments and get in trouble. >> he's the most liberal blogger. >> he looks crazy. >> bob, he plays for your team. >> so what? a lot of people play for my team that i think are ass -- >> ass hats. >> ass hats. >> how come you can say jack -- but not -- >> all right. >> we're going to leave it there. if you want to name the segment, logon to facebook.com/thefivefnc. >> keep it clean. how about a haphazard. >> conservative questions. >> don't use the word "lamestream." directly ahead, a 14-year-old and a 12-year-old were arrested in a cyber

bullying suicide case in florida. 12-year-old rebecca sedwick took her life after being taunted by the other kids and the local sheriff is also thinking about charging the alleged boy's parents. many developments on this disturbing story coming up next on "the five." stick with innovation. stick with power. stick with technology. get the flexcare platinum. new from philips sonicare.

♪ two florida girls age 12 and 14 have been arrested for last month's suicide of 12-year-old rebecca sedwick who was allegedly tormented online. the 14-year-old reportedly admitted in a facebook post this weekend that she did bully rebecca and didn't give a bleep that she killed herself over it. that's when the florida sheriff had enough and charged her and another girl. the older suspect's parents deny their daughter is a bully and claim her account was hacked. sure. >> yeah, right. >> no, she wouldn't write anything like that. she's not the type of girl that would just say something like that. >> the polk county sheriff, grady judd, isn't buying that. he's even thinking of charging the parents. let me add one thing. >> the dependency or delinquency

of a child, we certainly would bring that charge because i can tell you, the parents are in total denial. they don't think there's a problem here. and that is the problem. and they even let her have her facebook access after she bullied this child and after they knew it. that's terrible. >> that was the point i was going to make. they let her use it afterwards. eric, what do you think? >> tough call here. i mean, look. you've got to come down hard on bullying because it's hurting kids, but to charge the parents -- i think that's a little bit of an overreach. you know, how much parents are responsible for their kids' behavior. but man, that's excessive. >> yeah. guess what? that's life. these parents are going to raise monsters if they keep it up and niece partisan will raise monsters. take away privileges and their phone and facebook and tv time. my point is you're going to be

charging bad parents, not good parents because good parents don't stand by and watch while their children hurt other kids. >> what if they jumped off a tower? >> you have children behaving in this way and threatening and telling them to kill themselves, this is not proper parenting. they're contributing to the delinquency of a minor. there's options. my point is the law steps in when there are gaps like this to right a wrong. this is the pervasiveness of social media. whether it's criminal or civil liability case, wrongful death, the parents bear some responsibility, the question is in what way. >> i don't know. >> i have nothing. >> i'm with erica. this is what scares me about having kids, you create 18 years of risk you have little or no control over. think about if you were jeffrey dahmer's parents, are you somehow responsible for that or

would a mass shooter, if you're the parents there, with the gun locker open, you are guilty. >> can i add something? charge the kids as adults instead of charge the parents. >> they are monsters as far as i'm concerned, the parents and the fact they did that, they should be in juvenile delinquency until at least 18. the parents bought it and it seems if you bought it and it was used for criminal purposes, you're aiding and a betbetting. if that doesn't work, put them in foster care. >> you're worked up. >> okay. >> a, if a kid hits someone in a car, is the parent responsible for the kid running someone over with a car? >> it depends if the parent lets

the child drink irresponsibly at home and still drive, yeah, you're responsible. >> the thing we found out these people were slime balls and got them. that's this beauty. >> mean girls grow up to be mean wome women. >> they said her computer was hacked. that's a flat out lie. you can get around lying to obstruct justice. >> one more thing. >> we're on the same side today. >> we are. customer erin swenson ordered shoes from us online

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honest to god, the commercial breaks. one more thing, we will begin with eric. >> this morning i was going to go running and stretching. someone stole my car. not about my car getting stolen. when they stole my car they stole my iphone and wallet and glasses. the point was now i have to go through a bunch of things to get the car. that's fine. it's a thing. on my iphone i had three years of pictures and videos of my son going away, my contacts, various vacations and never synced it, never backed it up on a computer. those are gone probably forever. parents, dana points this out, important thing, all the parents, sync the phones, make

sure your pictures are on a computer if you lose it or somebody steals your car. >> if anybody stole it, i'll pay you 10,000 bucks for the phone unanimously. >> you know who stole it, bernie goldberg. >> bernie, give back eric's phone. >> who loves the usa more than the usa loves itself? mexico. check this out. >> god bless america! >> that was a tv -- the reason that was important, mexico would not have gone through to the world cup final if the united states had not beaten panama. u.s. beat panama and mexico gets to go so mexico loves the u.s. more than the u.s. loves itself today. >> i don't think anybody at the table even cares about that. >> nobody is listening. >> it's soccer! you can't use your hands. >> it's more about geopolitics than mexico. >> greg.

>> resurrected phrase, tramp. this was a phrase used to describe male transients, hobos, vagrants, they'd always -- you could dress like this for halloween. then we thought tramps was bad. i think tramp is a good word to describe gruff guys wandering around not doing anything. >> like hobos. >> hobos. >> our executive producer, chuck berry, let you do that. very interesting. let's talk about fantastic reading. our star, dana perino is in this month's cosmopolitan magazine. you might wonder what does dana perino have to say in cosmo. beauty under $10 or my exposed naked pictures of me or sexier by tonight? it's about career advice. of course, cosmo careers, look right in here, feast your eyes, zinging a colleague from dana perino. >> you know what my career

advice was, greg? don't be mean. >> too late. >> can i say something? very important. yesterday, we had a comment about bob costas and his talking during the football game about the redskins. bob costas called me yesterday, one of us, i don't know who -- >> it was me. >> it was you? mentioned about the fact maybe you should talk about concussions, bob costas has been the leader talking about concussions for years so we apologize for that. >> that was my fault. >> my fault. the deal is done. the vote in the senate is just minutes away, but what does this all mean to the debt ceiling? furloughed government workers and the political fallout on both sides of the aisle? this is special report. good evening. i'm bret baier, democrats and republicans fighting for weeks for a way to avoid what the

treasury department warned would be a possible federal default and to reopen the government. they did not wait until the last minute to make a deal. there were actually a few hours left in the last day when hands were finally shaken. as you look live at the senate, in the ne