this evening. thank you for being with us, start each morning with fox and friends 5:00 to 9:00 right here on fox news channel. we'll see you with students audience. a lively show tomorrow n the re now. have you gotten that error message? or how about this? the system is down at the moment. that's right. 17 days after the roll-out, the obama care exchanges still causing pain. >> we are ready to go. >> congress shouldn't fund it. >> every time they have predicted something not working, it's worked. >> everyone will be able to enroll. >> it's dismal at best. >> this disastrous roll-out is a sign of even worse things to come. >> people are confused. >> we're talking about millions of people. >> are going to be directly impacted by this law. >> no customers are signing up. >> absolutely must be fixed. >> what's this? >> this is a -- >> he has been business for 15 years and has about 66

employees, and he is worried about what the future holds for those employees when it comes to health care. >> we don't know what tomorrow will bring. >> is she breathing at all? >> she was not. >> okay. sir, the ambulance has been paged. they're on their way, okay? do not hang up. what? sir? >> dr. martin macneill's daughters believe he killed her mother michele in 2007. she was found dead in a bathtub. >> he almost got away with it. and let's hope that the jury convicts my father. >> now all that is moments away. but right now the disastrous launch of the obama care exchanges, and now two weeks later, the enrollment system, it's still badly broken. allan west joins us. good evening. >> good evening. how you doing, greta? >> i'm very well. so the obama care exchanges, at best everyone is describing them broken. i'm not hearing a enormous amount of success stories. what should happen?

>> well, i think one of the things that i learned by being in the military is you're supposed to rehearse something before you launch it. so we've had about three years place with the roll-out of the affordable care act, obama care, and this should have been something they rehearsed and run some test cases. you know, when you think about how brilliant the obama campaign runs itself as far as social media and websites and what have you, why does it not transition over to this incredible decision that people have to make as far as their health care? and this is the another reason why we continue to -- must continue to have this discussion about this individual mandate, and why should it be delayed. because by the end of the year, if you do not have -- have not signed up for health care, well, next year the irs is going to be asking you if you do or if you do not have health care coverage. and for those people that are dependent upon getting their health care coverage through the obama care exchanges, if they've not been able to do that, they should not have to pay the tax that is going to be assessed against them.

>> all right. step away which you have of course, in the u.s. congress. i'm curious what you think about the republicans in the house and those who have made efforts to defund obama care, and especially in this last sort of bruising political fight. where do you stand on their strategy? >> well, i just want to say we're rolling out our own website, allen b. west.com tonight at 8:00. and i wrote a piece comparing the cruz-lee strategy to what happened back in 1944 during world war ii. and i called that strategy and tactics, and i talk about a bridge too far. and i believe, really, when you sit down and assess what has happened over the past two or three weeks, it would have been better if you had narrowly focused on, you know, key tactical objectives such as making sure that the obama care law applies to everyone across the board. if you have an employer mandate delay, you should have an individual mandate delay. you should not have the waivers and exemptions being granted after this is supposedly been signed into law.

and then also the medical device tax, that's another thing that everyone agrees with. we're talking about jobs and medical technology innovation, we should not have this medical device tax. >> but wait, wait, wait. stop. let me just stop you for a second. the whole idea of fairness. if we're all going to have the mandate, everyone is going to have the mandate, you're not going to gerrymander it so some people don't have it. the medical tax. >> sure. >> the medical device tax, whether you love it or hate it, that really was part of the law in the beginning. everybody had a chance to read it. now, republicans voted against the law. >> they didn't read it. >> i know they didn't. they could have had a chance to. the republicans voted against it. and now the democrats who suddenly want that, quote, fixed, or eliminated, are the ones who have medical device manufacturers in their districts. you know, so all of the sudden now some sort of want to gerrymander that out. under your theory, either it applies to all of us or it doesn't. >> that's the whole point. i think that's argument that should have been made by the

republicans, being that the senate republicans and the house republicans. and they should have had a unified front, because every american can agree with that. i'm happy to see we do have the income verification for the subsidy request. but we should not have a house and a senate and also a white house that are exempt from this. >> how can you possibly think this income verification -- i mean, i think we should have it. believe me, we shouldn't have people getting subsidies not entitled to it and those who are entitled should get it. but if we can't do the roll-out for the enforcement via the computer, what in the world makes anyone think that this verification system is going to work? >> well, you're absolutely right. when you look at the fact that the roll-out and the tracking and the website has been a complete disaster, i don't think that the government, the hhs or whoever is in charge of this thing is going to be adequately capable of making sure the income verification. i kind of believe they signed up for it knowing that they're not going to be able to fulfill it.

>> so now what happens? >> i think that what happens now is you continue to talk about the shortcomings, the faults and failures. we try to get this thing fixed. thing is a big concern that if americans cannot sign up for this by the end of the year, they should be granted some type of exemption. they should not be hit with a tax. the supreme court kind of made a faux pas with that decision in the first place. but the american people should not suffer because of the incompetence of the federal government and the obama administration. so we need to continue to hone in on that. and as i've been reading, i think it's only about 51 to 52,000 people across the united states of america have actually signed up and gotten an insurance policy through the affordable care act exchange website. so that's not a success story. >> i literally have ten seconds left. are you going to run for the senate from the state of florida in the next opportunity that you have? >> well, as a southern man, they tell you to write your plans in pencil and give got the eraser.

so we'll see what happens coming down the pike risks you leaning towards it? all right. i will told you to that. thank you, congressman. okay. now get this. right before the launch of the federal marketplace, the obama administration promised us, that includes you, it was ready to go. former hhs secretary kathleen sebelius, to the designers of the health care.gov, it was all systems goes. it turns out that is not exactly so. some are saying the administration may have been fibbing. and now the house and emergency commerce committee, they are demanding answers. congressman joins us. good evening, sir. >> good evening, greta risks you aware that the white house, the system knew the system was not going to do well on the roll-out, and that they were deceitful, or do you think they were mistaken and confused and something else? >> at the very least they were mistaken and confused. and really, it doesn't matter. and this should all be delayed as a result of these horrendous

developments. and i hope that the white house will reconsider. >> it's not just sort of the roll-out. issues like have costs gone down? do people get to keep their plan? keep their doctors? are employers maintaining the same number of employees? are the employees getting the same number of hours? it's not just the computer roll-out. are people getting that with the new plans? >> they're obviously not. the answer to all of those questions is no. and the president promised that the answer to all of those questions would be yes. how can we tax people for not buying a product from a website that doesn't work? >> what do you make of the fact that the irs was given a $400 some change million to put this website together, at least the part that has to do with their implementation part, and right now we can't seem to find $67 million of that money, that that is unaccounted for, according to the irs watchdog? where is that $67 million? >> i have no idea where it is, and that's why we want the secretary of health and human

services, kathleen sebelius, to come up to capitol hill to testify before the energy and commerce committee. and so far that has not been favorably received by the secretary. and i hope that she changes her mind. and i would imagine that there will bengress, certainly those of us on the energy and commerce committee who will want her to come up as quickly as possible. >> why can't you just -- why won't she come? can you subpoena here? >> we could subpoena here. but usually the way the system works is that the cabinet secretaries come before the committees of jurisdiction. obviously, we have the ability to subpoena a cabinet officer. but i would hope that the secretary would come before the committee. chairman upton is a very fair person, a very fine chairman. and after all, the secretary has time for jon stewart. i think she should have time for those of us who serve in congress on these critical questions of this dismal failure so far in the roll-out.

>> well, how long have you been asking her? that's the thing i don't understand. if you believe she has information, and if you believe that obama care is important to our economy or personal rights or to our health care or whatever, for the life of me, if she won't come, and you think she has good information, i don't understand why you don't demand it. >> i think we are going to demand it. and let's hope that the secretary does come. and let's hope that she comes before the committee next week. in the health subcommittee of the energy and commerce committee, there was a hearing on september 10th, and we were assured the system would work beginning october 1. and obviously those assurances were not accurate. >> was that a fib, or was that they just didn't get it or they're con fewed or they have bad luck? what is that? >> i think it goes well beyond bad luck. and certainly at the very least they were accurately informing the congress. >> knowingly so? >> i don't know whether it was deliberate or not.

but certainly in the signature issue of this presidency, you would think they would have tested it and retested it before the roll-out on october 1. and they promised that it would work on october 1. and of course it has not worked. >> congressman, thank you, sir. >> thank you very much, greta. straight ahead, a doctor, that's right, a doctor, accused of murdering his beauty queen wife to be with his mistress. sound lick a movie? regrettably, it is not. it's a real-life grisly trial. it just got started. and every single flyer's nightmare. and we have the video. and you're going to see it. a scare 30,000 feet. a jet engine explodes. passengers describing the terrifying moments. that's ahead. and of course, you can hash it out with us tonight. what do you think about the obama care

the obama caroleout is messy. it has been since day number one. there is no doubt about that one. but one thing is not for certain. the impact of obama care on small businesses, and that has business owners like ken byrd on edge. he spoke with our griff jenkins at his company's virginia plant. >> this is a production facility to build carriers here in the united states. >> reporter: and what does one do with this product? >> well, i tell people it's a

dump truck on rubber tracks. >> reporter: so, ken, how will obama care impact your business? >> well, initially we don't think there is an immediate impact. the worry we have looking forward is what will obama care do to the rise in premium rates from the insurance companies within virginia. if we're faced with 50, 60, 70% increase in premium costs that we have to pass to our employees, then we have a new decision to make. and that decision is do we leave the traditional health insurance marketplace and force our employees into the exchange, or do we force our employees to pay a greater part of their take-home salaries? if it ends up providing more health insurance to a broader swath of people, then great. but the problems for small businesses like mine is it going to come at a cost that forces me to make some really difficult

decisions that could harm our employees in the long run. and that's what is really worrisome. >> coming up, some are calling for hhs secretary kathleen sebelius ahead. they want her out. but tonight we're hearing from the people closest to her. what do they say about her future? that's coming up. plus, is one family taking halloween too far? you're going see what they're doing that has neighbors calling 911. 911. that's next. americans take care of business. they always have. they always will. that's why you take charge of your future. your retirement. ♪ ameriprise advisors can help you like they've helped millions of others. listening, planning, working one on one. to help you retire your way... with confidence. that's what ameriprise financial does. that's what they can do with you. ameriprise financial. more within reach.

is an oklahoma family taking its halloween spirit too far? the family putting up gruesome decorations that are upsetting, even scaring some of the neighbors. the display includes a fake body in the driveway with his head crushed under the garage door. and of course there is fake blood everywhere. some neighbors fearing the scene was real, even calling 911. >> is he conscious?

>> i don't know. i was just driving by. it looked like his head was closed into the garage door. >> the city inspectors say the display does not break any laws, so the display stays up. but you be the judge. should the display stay up or come down? go to gretawire.com and vote in our poll. coming up, there is new information tonight about the

well, if you haven't heard this, you might be living in a cave. one person after the next is now calling for hhs secretary kathleen sebelius to be fired. >> working day and night to get this done. and when they get it fixed, i hope they fire some people that were in charge. >> enough is enough. today i'm calling on kathleen sebelius to resign her post as secretary of health and human services. secretary sebelius has had three and a half years to launch obama

care, and she has failed. >> the secretary does have the full confidence of the president. >> and now the brother and sister of secretary sebelius telling "the new york times" she is not going anywhere. fox news senior analyst brit hume joins us. nice to see you, brit. >> thank you, greta. >> her family says she is not going anywhere. any thoughts? >> i don't think she is going anywhere either. >> i don't either. >> the principle reason being for the president to fire her or accept her resignation at this point would be to acknowledge that all the things that people have been saying, including all these republicans who are fighting him on this about obama care and its roll-out are true. now, they are papbly true, and people see that. but this is kind of an acknowledgment they wouldn't want to make. the other thing is in some cultures when you have a fiasco like this, somebody steps up and says and once upon time perhaps in america somebody said it's my fault. i quit. you remember rumsfeld as defense secretary when no wmd were found

in iraq. and after abu ghraib, he offered to resign. after abu ghraib initially. and president bush didn't accept it. he later offered again. but you don't see that very much anymore. it's a lost -- it's a lost custom. >> if this, though, it is sort of interesting that this -- i don't think she is down in the sort of the rooms trying to figure out the computer programs or something, because it is sort of a specialized area. i mean, i don't know who hired, who did it and who promised what, but it seems unlikely to me that she is hands-on. it would be totally a symbolic gesture. >> such gestures are. normally when something goes terribly wrong inside a department, the buck stops where? according to the old tradition, it stops at the top. presumably, there would be consequences. but as i say, that's an old custom. and we just don't see much of that anymore. you see it in places like japan, but you don't see it here. you don't see it in this country. >> how bad is this roll-out?

are we just hitting a couple of speed bumps because we're only on the -- it sounds bad to me. they've got enough time until the enrollment period is over. >> they have a month and a half or something like that until you're supposed to be enrolled in this and ready to go with your new policy to conform in january. they got work to do. i mean, think of -- the white house was citing some guy in delaware the other day who got this policy and he is all happy. it turned out, at least at the time, he was the only guy in the whole state who had been able to successfully sign up. that's bad. >> i invite the viewers, if any of you have a good experience with the enrollment, please let me know. i'm getting mounds and mounds and mounds of bad experience. nobody is sending me any good experiences. >> i think that when this thing finally gets up and running, this are going to be people who sign up and because of the particular facts of their case, they will have a lower premium than they had or better policy. i think that's going to happen in a number of cases. the question really is whether

it will happen in enough cases that enough people will sign up to provide the premiums, these health think people will sign up, mostly younger people that will provide enough premiums to cover the cost of the sick. that's the big issue. they need a great many people to sign up or this whole scheme will collapse. >> brit, nice to see you. and again, invite the viewers who have a good experience. i've seen all the bad ones. if you have a good experience, e-mail me. is grisly and really weird. a doctor, a beauty queen and a mistress named gypsy. prosecutors laying down a twisted plot for the jurors. the latest from the courtroom, plus our legal panel next. and big news from the national zoo. we know you want to see.

now it's time to show you what we are watching. we put together the most fantastic videos out there tonight. take a look. billy joel didn't tell them about it. stunning fans for the surprise concert. ♪ you ought to know by now >> the piano man performing the surprise concert in his home state of new york. the concert was a benefit for charity. if you missed your big shot to see joel perform, you'll get another chance soon. the entertainer is moving out on tour. and, you know, you don't see this one every day. confused onlookers watching a

kangaroo, yes, a kangaroo hopping through an australian airport. the kangaroo heading right into an airport drug store. and then volunteers wrangling the roo and bringing to it the vet to be checked out. did it get through security? shea they sure give me a hard time. and here is why you should never, ever take gifts from strangers. two philadelphia pranksters putting up free pizza sign. watch what happens. >> oh my! [ screaming ] >> that is why nothing is really free. coming up, two young girls under arrest, accused ofhnology gives you security. technology gives you control and now technology gives you home security and control in a new and revolutionary way. introducing plug & protect from livewatch security, an easy to use wireless security system, customized just for your home. control from any smartphone, tablet, or computer and monitored by professionals 24/7. go to livewatch.com

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intelligent. she was just the funnest person in the world to be around. >> two girls have been arrested following the death of a schoolmate. investigators say that 12-year-old rebecca sedwick was bullied so relentlessly that she ultimately took her own life. >> i had no idea, because of the nice little delete features they have. >> 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." . >> i don't want other parents to go through what i'm going through. because -- god, it's -- i can't even explain. >> it's going to be a tough weekend for the family. rebecca would have celebrated her 13th birthday this saturday. >> and we spoke with polk county sheriff grady judd. sheriff, nice to meet you, sir. >> howe hi, greta. how are you? >> very well. sheriff, i suppose in your long career you have probably never

arrested a 12 and 14-year-old girl before. and i suspect that it didn't come easy for you to do in many ways. >> you know, we actually arrest 12 and 14-year-olds all day long. but this is unique in this case. >> because of the nature of why you arrested them? >> sure. it went from bullying to a crime, to a criminal activity. and that's how we got involved, because of the suicide. and determined that it was an aggravated stalking case here. >> it is just extraordinary. rebecca sedwick, just a young girl, jumping from a tower. how did you first learn about her death? >> well, we were called in because she was a missing persons. she didn't go to school, although her mother thought she was there. when she didn't show up that afternoon, her sister called her mom and said, hey, rebecca's not home. well, rebecca came home like

clockwork every afternoon from school. so immediately, rebecca's mother ran home. they started going through her friends and couldn't find her, and notified the sheriff's office. ultimately, at 2:30 the next morning, one of our sergeants and one of our detectives found rebecca lying at the bottom of an abandoned cement plant, at the bottom of one of the silos, deceased, where she had obviously jumped from above. >> as you conducted your investigation into her death, what did you learn about the two who you arrested? >> as the investigation went on, we determined that our victim, rebecca, was bullied. the bullying started november before this event in september. so as a result, our detectives started talking to witnesses. we started gathering information. we found out that rebecca was a very fragile child, and that at the end of the day, the bullying

by these two primary suspects, one 14 and one 12 were kind of like the final straw. when we found her, she was deceased. our investigation told us that she was bullied, and therefore we brought these criminal charges because we wanted to hold them criminally liable for their conduct. >> did either one of these two girls that you have arrested show any sign of remorse upon even being arrested? number two, where in the world were the parents on this? did the parents of the two who are in custody, did they know anything about this? >> the 12-year-old and her parents certainly showed remorse. in fact, the 12-year-old's mother took her to the home of rebecca to apologize to her mother. but the 14-year-old's parents are still in denial even after all of the criminal investigation. they deny everything. so we can see that the apple doesn't fall very far from the

tree. >> was the school aware that this was going on? anybody else, people simply looking the other way with this, or did adults know about this? >> absolutely, greta. there was a lot of intervention that was attempted. the school did a good job trying to create intervention. rebecca's mom tried to create intervention, because this wasn't all online. this bullying started at school over a boyfriend. and it started out as middle school chatter. and then as it progressed, the 14-year-old victim continued to bully to the point that at the end of the day, the child was taken out of school. our victim was taken out of school. but she was still allowed to have her what, her device so she could still be on social media. so when the bullies couldn't get to her physically, that's when they started cyberbullying her.

they terrified this child. that's what created the stalking charges. and that's why we arrested them. but do you know why the arrest occurred just this monday? >> why? >> well, it occurred -- here is why it occurred. because the 14-year-old on saturday morning said yeah, i bullied rebecca, and yeah, she killed herself. and then she said "and i don't give a blank." when we saw that, our criminal investigation wasn't ready to prosecute in the sense that we had outstanding subpoenas we were waiting to review other records. but at that point we said look. this kid doesn't get it. she is already a bully. she is already had a culpability in the death of this child. and she is still online saying terrible things. we need to arrest her so we did. sheriff, thank you for joining us. good luck, and what a terrible tragedy. and i hope every parent out

there is watching and checking social media and everything else for every child. this is truly a nightmare in so many ways and tragic in the nightmare in so many ways and tragic in the death. thank you, sheriff.

test test

okay, everyone, it's time to hash it out. if you ever find yourself locked up, facebook could be your new path to freedom. "one of this weekend's arrestees was unable to reach anyone by phone for bail money. they posted their need for bail money on their facebook page. shortly after his online plea for help, a facebook friend came

through and sprung him from jail. and are you worried about zombies? a north carolina animal shelter has a solution. wspa 7 tweeting, rutherford county shelter urges to prep for adoptive cat. they even promise a full refund in a zombie ever invades their home. now it's time to hash it out. greta on your tweets and posts. coming up, w

okay. let's all go off the record for just a minute. last night, much of the nation watched that political chaos. it was embarrassing. our politicians, well, they failed us, forcing that last-minute race to the finish line to avoid the debt ceiling deadline. our lawmakers rushed that quickly directed bill to the floor for the hayes stee vote.

no one read it. didn't have time if you wanted to read it. they just blindly voted. but here's the catch, something for you to think about. what was the sole purpose for last night's bill? reopen the government and avoid going over the debt ceiling cliff. right? really? why is there $9.2 billion earmark in it for kentucky dan? what does that have to do with reopening the government or raising the debt ceiling? don't get it. wouldn't you think this is the one time to play it straight with us? that's what we want. politicians just can't help themselves. they are like addicts, sneaking in that cork any time they can. as an aside, this is not whether the $9.2 billion for a kentucky dam is a good idea or a bad idea. it's the process. it got sneaked in. is that right? if you have an important issue that you think i should take on the record, go to gretawire.com

and talk about it. what about that kentucky project? who put it in there and why? sam youngman is joining us. nice to see, you sam. sam, tell me, what's the view of this 2.9 billion being put by the senate in this bill? >> well, here in kentucky, it's tough to tell how many feel about it. on balance, you might think the kentuckians would be a fan of this because six million jobs are at stake but right now you're having trouble hearing what most voters think because the den coming from tea party conservatives and from democrats is so loud that they are not able to cut through. right now it's just anger towards senator mcconnell and towards the rest of the senate for allowing this. >> well, the bill was a real

mcconnell deal. he's got a tough race ahead of him, although we're told senator feinstein and lamar al lacks sander are the ones who put it in. it certainly does look bad. do you know if senator mcconnell has his fingerprints on putting this in that bill? >> well, senator mcconnell has been a long-time supporter of this project. now, this morning i had an interview with him and he didn't back off of it as well. he said it's rare that a spending bill actually saves you money. the argument being that if this wasn't authorized in this bill, it was going to shut down and they would have had to spend $160 million to reopen it. but what we heard last night from senator lamar alexander's office is that it was his idea. i know his source who spoke up in a meeting with senate republicans said we need this in a bill, he explained why and none of the rest of the senator republicans, like senator mike lee, had anything to say about that. right now there's a lot of

blowback but we don't know exactly where to put the blame. >> all right, sam. nice to see you. thank you for being with us. we'll see you right here tomorrow at our new time, 7:00 p.m. eastern. hello and welcome to kicking around the soda to the best way it is on the walls around your house. the best choices for glue, there are many and then the history of thumbtacks. did you know they were invented by egyptians as a way to torment virgins 1234 she is hot thearn a time square rolex sold in a sauna on the sun. i am hair with harris faulkner. don't do that to our viewers on fox newschannel. and filling in for andy levy is his fill philanthropist uncle, wellington levey. he donated $100 million to a