don't make it anymore. >> it took a trip. >> very nice. >> we'll continue this conversation in the after the show show. log onto fox & friends.com and you can catch the stuff we didn't stay on tv. see you tomorrow. bill: fox news alert. it's being called everything from a train wreck to simply unacceptable and that's just the democrats. now president obama addresses the issue. jamie: good to see you. i'm jamie colby in for martha

maccallum. they are calling on the best and the brightest. they say that's what they need. >> the most expensive web site ever and it doesn't work. we are nowhere close to knowing whether the web site will work. how heard it is to sign, what happens to your insurance rates. kathleen sebelius is on the hot seat. republicans want her to testify immediately in front of congress. others are calling on her to resign. jamie: peter, are any of the administration's fixes yet visible? >> reporter: overnight they made some big changes. there is a big button on the home page letting consumers know they can apply for coverage over

the phone. and there is a new option to see plans and prices in your area. to use that tab, an accounts at the web site is not necessary. hhs says the changes are part of a tech surge. they are going to scrub in with the team and help improve healthcare.gov. >> what has happened in is sunnable in terms of the glitches. they were overwhelmed to begin with. there is much that need to be done to correct the situation. >> reporter: 476,000 con soupers have applied but the administration won't say how many have even rolled. so that statistic is not

impressing everyone. >> i don't know how many people have actually even rolled. that's a relevant matter. if enough people don't sign up information the exchanges the rates on the exchanges will be astronomical. >> reporter: i failed several times. i was told the combination of my first and last name and e-mail weren't unique. and my e-mail has my first and last name in it. basically pressure on her to testify in front of congress is growing. secretary sebelius is using an out of town party to avoid testifying this week. but democrats and republicans say they can't stay away forever. >> i don't think she can refuse

to answer questions about this. trying to defend i have time to go to a gala in boston but don't have time to appear before congress. >> ultimately secretary sebelius will testify before congress. i don't know the circumstances of let's do it in a few days. >> reporter: the president will speak directly about all the tech problems on healthcare.gov. >> you can't say this rollout has been anything short of embarrassing for the president. he will come out monday. he will address these problems. i don't know how specific he will get but this will be a mea culpa from the president. bill: my next guest is not so

sure. you don't expect the president to take blame or expect responsibilities. >> reporter: this is interesting we are three weeks into this and we haven't heard from the president. but i don't expect a personal apology. i would expect him to say something like the administration made a promise is to millions of americans and so far that promise has not been kept and he will find that unacceptable. as president he has ordered his deputies and the cabinet and elsewhere to work 24/7 to use all of their resources to keep this promise to the american people and he believes in accountability. i would expect him to present himself as the man in charge and not someone apologizing to the people. bill: you used the phrase, the unhappy general. >> the troops have not done with he ordered. you will hear a president who is

unhappy with the performance of his administration. he he he believes in accountability. you heard nancy he hosey use the word urn acceptable. i think he will get things fixed and soon. bill: the tech surge. i don't know if they came in from silicon valley. but the web site is already four times over budget. question, what does the tech surge cost? >> that's a great question and i expect republicans on capitol hill to ask that question. the affordable care act only provided $1 billion for inplem takes. it sounds like a lot of money but it's not nearly enough for the rollout. congress asked for another billion dollars for implementation. congress said no and that's when kathleen sebelius started

hittings up healthcare corporations for the rollout because they didn't have enough money for the rollout. so you have this 24/7 tech surge. who knows how much it costs and who's paying for bill: maybe we'll see mark zuckerberg in the white house. >> he could finance it. bill: republicans. what should their focus be? >> i think you will see republicans right now focusing on their legitimate oversight duty in congress to see how tid this happen. did the administration know these problems were coming. in a larger sense you will want to see have you cans focusing on the bigger problems of obama-care. assuming the administration gets its acts together and makes this web site run, will americans then discover their insurance premiums will go up, their deductible will go up, they will lose their healthcare.

those are the bigger problems republicans will focus on. bill: three weeks ago some analysts came on and said wait until you see the price of this. byron york in washington. jamie: the much helded traffic on the healthcare web site continues to fall right off a cliff. week one was big. but after that the site saw an 88% decline. just 36,000 con soupers signing up that -- consumers signing up that first week. experts are saying only the government could weather such a slow start. listen. view * just imagine a business who just put so much hype into a new product saying to consumers this is going to change their lives and fix many of the

problems they have. hyped it up so much and there is a complete letdown. i think they would have a real problem existing in the marketplace. bill: what do you think the president should say today. what do you want to hear from him. lines are open right now. there is also this big push during the shutdown to get the individual mandate delayed for a year much as it happens with businesses. so we got a great question from a viewer. jamie: i would love to hear what you think, too. taking the blame and paying up. the nation's largest bank is taking a fall for the financial crisis in 2008. now jp morgan chase reaching a deal with the federal government to pay a record $13

billion fine. stu varney is joining me now. a bang gets in trouble like this. was the justice department determined to go after chase? >> reporter: in my opinion this an attempt to pin all of the blame for the crash on wall street and pin it on the banks. this is where the government wants the blame to go. not to the politicians or the regulators. no, straight to the banks. so far big banks have paid out $137 billion in fines and settlements and there may be more to come. that is a huge number. remember these banks already paid back the bailout money with interest. just look for a second in detail at jp morgan. the latest settlement is for $13 bi. much of that is -- of $13 billion. most of it is for bear stearns

and washington mutual that the government wanted jp morgan to take over during the crisis. so jp morgan is being forced to take over the and pay for the sins o companies they took over. the same with bank of america. they were forced to take over countrywide. it looks like a heavily political prosecution where wall street is taking all of the blame for the crash of 2008. jamie: shocking numbers. half of what it cost for the government shutdown recovered in this one case. bill: dick cheney is opening up. why the former vice president feared his health could make him vulnerable to al qaeda.

jamie: a mystery girl was found at a gypsy camp. she's being called the little blond angel. they have no idea who she is. >> the inability of the federal government to set up a web site where people can go on and buy something like health insurance does not bode well for the more complicated elements of this law. farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

was a truly amazing day.ey, without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com

jamie: dick cheney opening up on 60 minutes *. he said he had terrible fears terrorists could hact defibrillator -- could hack the defibrillator in his chest. >> what did you think when you watched that?

>> i was aware of the danger that existed. but i found it credible because i knew from the experience we had had and the necessitiy for adjusting my own device that it was an across rapport trail of what was possible. jamie: cheney said he had his doctors turn off the wireless option. he had five heart attacks, the first at 37 years old. and he recently had a heart transplants. he looks good, though. bill: he does. jamie: i never thought that could really happen. >> absolutely she should resign. why? because the program she implemented, obama-care, is a disaster. >> she no longer has th the a -o longer has the credibility to do

the job. bill: lawmakers calling on kathleen sebelius to explain the mess of the rollout of obama-care. sir, good morning to you. back there in pennsylvania. listen. she is not going to be there thursday. apparently there is an he excellent boston the night before that as far as i understand she'll be there in boston, massachusetts, what do you think of that? >> i think she should cancel her plans and appear in congress. this is the biggest thing of her career and signature piece for this president. she sought to be answering questions in terms of what went wrong and what she plans to do to fix it. that's critically important for someone in charge of this program. bill: will she testify? >> the issues of taking responsibilities for this are critical. the problem that this administration has had

repeatedly whether it's been the head of cms or gary cohen, they repeatedly punted when it came time for responsibility and told us everything was fine, don't worry about a thing. so either this whole administration is dealing with his is woefully ignorant of what's going on or they are not telling us the truth. so we need face to face time to get some answers here. bill: byron york says the president won't take responsibility for this when it rolls out today. >> when you look at solyndra and the attorney general in fast and furious and secretary clinton in benghazi. they are not the ones who will accept responsibility and put together a plan. but that's the critical leadership america wants to see in a moment like this. people are trusting their

healthcare. the healthcare and doctors they see and what happen with their family, they want to know this is in good hand. this is just the tip of the iceberg and we need to know because this is being rolled out in just a few weeks. bill: here is what the "wall street journal" writes. is it hiding something? >> i agree with that. she has to know. the executive of that part of the government was clearly would have brought employees together and said tell me exactly how many people signed up for this r

this plan. and she continues to deny that. we were told costs would go down. the premiums and the copays. the issues with medicare and the costs going up. that's what the public is going to be deeply concerned about. bill: dew think that's the next wrinkle in this story, the price, the sticker shock? >> i did a nationwide story of. thage increase will be 90 per with a couple small exceptions. but north most other states you will see considerable increase. bill: did you say 90? >> some as high as 400%. you will see a lot of young men, middle aged women and men, their rates will go up considerably.

bill: maybe you will get your wish this week. tim murphy coming up. a huge win for the steelers over the ravens. thank you, sir. jamie: new word about a horrible crime and whether it's getting more common. see this little girl? she is sparking fears of child trafficking. bill: we had a budget showdown over the corn. how can we reach a deal with neither side will budge? >> people's confidence in government is hang. congress looks terrible.

jamie: there are worries about child florida trafficking after a 4-year-old girl who was found at a gypsy camp in greece. dna tests confirm she is not the

child of the people she was with. she is still unidentified, gregg? >> reporter: it's a story that has gotten lot of folks concerned all around the world. her name is said to be maria. she is believed to be 4 or 5 years old. blond hair, blue eyed. looks nothing like they are gypsy parents. she was discovered last police a gypsy cam in central greece. her alleged parents claim she was adopted from a bulgarian couple. police say they changed their story several times. and in their possession 14 children. they are charged with child abduction. maria is in hospital and undergoing medical tests. jamie: i think putting her picture up is the best we can do

in the hopes someone steps forward. >> reporter: the authorities believe there is more to it, that's why they are charging this couple with allegations. the brother concern is child trafficking. a greek court thousands was the scene of those charges being laid. they thought gypsies had been involved in child trafficking but there are a lot of people involved in that and a lot of folks have missing children all around the world in all sorts of circumstances. we were in touch a short while ago with the children's charity in greece handling this matter. they say they heard from 8,000 families from all around the world expressing concern, include something in the united states. there has been no hard connection or identification made to this child but all thos-

but all those i are inquiries are being passed on. we are told a spokesperson for madeleine mccann's parents say this gives them hope their little girl could be found alive. the couple involved with this child he they have done nothing wrong. that will be tested out in the next couple days. jamie: that last picture was of madeleine maccan. bill: an eye-opening look into the muslim brotherhood and their mission right here in the united states. >> they believe in the koran 100%. >> there is no differentiation between religion and politics because religion is politics. >> they believe western civilization is corrupt, is evil, is decadent, and they want

to dismantle it. bill: what is this about? the producer of "jihad in america, the granted deception." is with us in the newsroom today. jamie: what these two men did to survive when their boat capsizes in freezing water for hours. >> we stuck together and i think that made a big difference.

woman: everyone in the nicu -- all the nurses wanted to watch him when he was there 118 days. everything that you thought was important to you changes in light of having a child that needs you every moment. i wouldn't trade him for the world. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us.

if you're caring for a child with special needs, our innovative special care program offers strategies that can help.

bill: president obama set to address a growing number of issues with the obama-care web site. it's been hard to track down these numbers. delays sea of criticism. now on day 21 we'll bring you that address when it gets underway from the rose garden. jamie: a top republican senator on the hill says senators and the gone remain far apart. here is snow shower senator roy blunt. >> senator durbin and others think this is a big win for their party. the path saying he won't

negotiate about important issues. democrats reject offer after offer from the house. people's confidence in government is hang. democrats look terrible. the president looks terrible. we all better figure that out before we go into drawing lines in the sand like change the budget control fact this next set of negotiations. jamie: brad blakeman, former deputy assistant to george w. bush ... brad, first, roy blunts, no winners he says, do you agree? >> absolutely. i think the pops reflect that. the congress has take and hitting with both republicans and democrats. the president's all-time low is 37%. there is no gloaght. i think the american people have had it up to their eyeballs. we have big problems to solve. and every party must come

together in good faith. we kicked the can down the road. we have a budget crisis looming again. the president wants to talk about the farm bill and immigration. none of this will get done until we get past the budget and debt and that's coming in 90 days. jamie: what do you think in terms of the voting public. what matters more winning or losing or how each side plays the game? >> how each side plays the game and what matters to the voting public is do governing. there were no winners, the president said that. but the republicans' approval rating is at an all-time low. and much worse they have a civil war going on in their own party. mitch mcconnell there will not be another government shutdown over obama-care and ted cruz saying i will do everything i can to take down obama-care.

you can't get to the agreement the president wants to get to that includes a budget and entitlement reform. jamie: listen to this sound. it's good from senator tom coburn. >> we just raised the debt limit for periods of time and that's kind of like saying we are going to raise the legal limit for blood alcohol thinking we are going to control drunk driving. jamie: i think that's something everyone can understand. what do you think they will feel about it? >> i think the american people understand they can't operate their household the way the american people operate the government. entitlements bankrupting this country. they are unsustainable at their present path so we need tough love in america. it's not about wing and losing.

while i'll agreet republicans have taken more of a hit this time, the american people are looking at next time. next time its coming very, very quickly. so when a president says he's not going to negotiate. you can't negotiate against yourself. all parties have to negotiate in good faith. >> what the president said less than 12 hours after the shutdown, the president came out and he didn't scold and he didn't gloat. what he said was let's negotiate. he said let's negotiate over principles the republican party has planned to -- claimed to wants for decade, a balanced budget and reform. jamie: there is talk of maybe change to the budget control act. how much would that affect this process and how would it affect every american? >> i think we have to stop this process of sort of kicking the

can down the road and making little changes instead big changes. this president has been trying for three years to do what the american people are demanding, which is reach an aagreement to responsibly govern this nation for the decade to come and make the big structural changes we need. jamie: hasn't that can can kicked? we are where we are. >> the president when he controls all forms of government, the house, the senate and the white house. when he had all democrats behind him he was unable to pass a judgment. this president doesn't even know what a budget looks like. what doesn't the president call harry reid and tell him to bring the appropriations bill to the floor. jamie: thank you so much. great to see both of you.

bill: how big is that can kicking down the road. >> after a boat cam sizes plimenting them into chilly waters for 15 hours. a fishing boat sent to pick them up. >> we used our backs to keep each other warm. we just kept talking and praying a lot. >> reporter: their sole life preserver was lost. they got lucky because a fishing boat came by to pull them out of the water. jamie: what happens when an alligator goes out for a stroll and i happens to be at a major u.s. retailer? bill: a dramatic documentary claims an islamic group is promoting jihad here in america.

the filmmaker explains the story behind this film next. >> for decade the muslim brotherhood have operated secretly behind the scenes in america. their influence reaches from the halls of academia to hollywood and the media and even to law enforcement and the highest levels of political power.

jamie: an update on the firefighters in australia battling scores of wildfires *. wildfires -- scores of wildfires. 60 active plays have been raging since thursday. the fires killing one man and destroying more than 200 homes. bill: a stunning documentary

revealing the rising influence it believes of the muslim brotherhood not in cairo, egypt, but near the united states. it describes the islamic group's mission near the u.s. here is a clip discussing a secret document. watch and you will hear from the producer of this film. >> it was titled an explanatory memorandum for the group in north america, it was dated may 22, 1991. >> the process of settlement is a civilization movement. they must understand their work in america is a kind of grand jihad in eliminating and destroying the western civilization from within and sabotaging its miserable house so it's eliminated and gopsd

reason is made victor just was after all other religions. that's clear how they view their own objective. they are talking about the united states here. bill: steve emerson is the director. you will get a lot of attention for this film. why did you make the film, first off? >> my organization, the investigative project on terrorism has been investigating the whole network and infrastructure of radical islamic groups in the united states. but not necessarily those that preach jihad openly or on television, those who do it behind closed doors but pretend to be civil rights groups. we discovered a massive deception. it would be like david duke presenting himself as a civil rights organization and getting recognized by the white house and the media and congress.

bill: back up some of these claims. take it one at a time. inspired by the muslim brotherhood they enjoy considerable influence in the united states, how and where? >> they operate under fake names or false names. they don't call themselves the muslim brotherhood. this was laid out in various documents or secret tape-recordings we portray in the film. the document that viewers just saw talked about their you will tear yeah agenda. so all of these groups and i'm not exaggerating to say that there are scores of radical islamic groups hiding under the pretension of being civil rights organization or a religious organization. but in fact have an ulterior agenda. the film itself portrays what goes on behind closed doors with these organizations. whether it's hamas, hezbollah,

all of these groups have organizations in the u.s. and they portray themselves as simple innocent civil rights organizations. bill: you take it a stepfather, they are deceiving american leaders, they are deceiving law enforcement, media, law enforcement across the country. that is a big claim. >> unfortunately it's true. don't take my word for it. look at the film. the film can be purchased on amazon. it's being shown in new york. go to the web site granddeception.com. listen to a former member of the muslim brotherhood who talks about the deception. look at the fact that the clip of a major imam who was an unindicted coconspirator sea pears before congress giving the indication. look at the way hollywood -- bill: i think it hits the 13 or 14 minute mark into the

70-minute mark. i'll ask you to explain this next. watch. >> in the name of god most gracious and merciful. guide the leaders of this nation who have been given a great responsibility in worldly affairs. guide them and grant them righteousness and wisdom. >> a prom nenlts speaker wahhaj was chosen to give the first muslim invocation before congress in 1991. here he is after his congressional appearance. >> this country is a garbage can. it's filthy, filthy and sick. bill: who is he and why was he invited to speak on the floor of the house? >> i can't tell you yes was invited because i wasn't around in 1991 when he was invited. but i assume it was in the

spirit of he ca of ecumenical o. what he says behind closed doors is what we captured in the film along with many other groups who say preach peace and preach non-violence openly in front of tv camera. but when you ask them would they condemn hamas or hezbollah, they don't consider them terrorist groups. behind closed doors they promote these organizations or tell their constituents which the fbi called the hamas fronts is routinely interviewed in major newspapers. just appeared the other day on network television. bill: the muslim brotherhood says we are here to help promote religion and our communities and education. in the 30 seconds i have left.

can you prove that they have had success doing the things you described to us the past several minutes? >> i think i can and i think i would let the viewer $watch the film. to the extent them have been able to infiltrate law phonersment and to stop the fbi from circulating the materials. it was offensive to the muslim brotherhood. the same thing goes on in the department of justice where prosecutions have been quashed into terrorist financing because it might be considered offensive. we need to get beyond this because we want to empower genuine moderate in the communities. bill: it's called "jihad in america." steve emmer signs its producer. jamie: there are reports of shots inside a las vegas casino. attention walmart shoppers. there is an alligator in aisle

9. we'll play you that tape. [♪] if you think a prune is a prune, you haven't tried sunsweet, the amazing prune.

enjoy plum amazins, diced prunes. i'd put these on a salad. these would be perfect for cookies. delicious and nutritious sunsweet, the amazing prune.

bill: one long night in las vegas. reports of three men shot in a bally's casino right smack dab in the middle of las vegas. this apparently happened about an hour ago. 5:45 local time. they are three hours behind new york. three men shot inside a bally's hotel and casino. it happened right before the sun

came up. a suspect is in custody. but the investigation is ongoing and we are looking for from our affiliate to get more on the scene with the latest details. jamie: one thing you know, a lot of cameras in a casino. meanwhile back to lawmakers. they are accuse the epa of a power grab over private property and demanding answers over new rules that would give the agency unprecedented control over bodies of water. shannon bream on that joining us live from washington. tell us about what the epa exactly is attempting to do. >> it's taking a look at what expand powers it may have under the clean water act. they are blaming the judicial branch for this saying the court decisions have created uncertainty over the protection

of water and streams and wetland, some i which only flow after precipitation or dry up after parts of the year. that is likely about the 2012 case where a couple took their fight to the supremes supreme court and they won. them were going back and forth over a piece of land in idaho. they were never able to build their home because of the epa's interpretation of the clean water act and how it applies to them. >> reporter: they say this will be potentially about puddles and pond on your lots and control of private land. they say it's another end run around congress. this letter to the epa says any attempts to issue an order before an independent agency would be to put the cart before the horse.

the agency's current approach appears to represent a rushed politicized regulatory process. most importantly the american people. i talked to texas attorney general who he this is all part after bigger issue. >> an end around of laws passed by congress, and this is part and parcel to what president obama has said, and he's going to use the epa in ways that congress has not gone along with him on. >> reporter: we reached out to the epa. if we hear back we'll let you know. bill: here we go now. what should the president say about the obama-care disastrous rollout? will he give a mea culpa? senator ted cruz went home over the weekend and we'll tell you and show what you happened when he arrived in texas. the recent increase in cafeteria prices is not cool.

when you vote for flo, we'll have discounts. ice-cream discounts. multi-cookie discounts. pizza loyalty discounts! [ kids chanting "flo!" ] i also have some great ideas on car insurance. [ silence ] finding you discounts since back in the day. call or click today. i like her.

.

bill: fox news alert. now. president obama on the offensive over obamacare but will he play a whole lot of defense? the president will make remarks about an hour from now about the rocky rollout about the signature piece of legislation. we're waiting for comments. we will r whole new hour here. i'm bill hemmer. welcome to "america's newsroom." martha has time with the family. jamie: hello, bill, busy first hour. i'm jamie colby. great to have you here. it will be three weeks since the federal online insurance exchange opened. the glitches everyone talked about are far from fixed. today the president is expected to once again defend the program that republicans are so determined to get rid of, they're willing to wait. >> obamacare is the worst piece of legislation that has been passed in the last half century. the single biggest step in the direction europeanizing our country. we need to get rid of it. if the american people will give us majority of senate and a new president that is exactly what

we're going to do. jamie: senior white house for inaffairs correspondent wendell goler joins me from the white house. wendell, good morning. what do you expect to hear from the president today? >> reporter: the president's aides say the problems with the obamacare website are unacceptable to him. he ordered hhs to gather the best and brightest computer experts from government and private industry to put them to work on the problem. meanwhile people are directed to a telephone call-in number if the online experience is too taxing. the phone staff has been beefed up as well. treasury secretary jack lew says no one is more frustrated that mr. obama. >> everyone will regret the early weeks were a little choppy on the website. but the test is, are people getting coverage and are they getting care that they need and we're confident we'll be on track to do that. >> reporter: now the president who have been in the rose able to enroll despite computer problems you about the total number of those people is still a secret. administration officials say

they will release the figure monthly, so we won't know until sometime in november, jamie. jamie: republicans, are they reacting yet? >> reporter: for a lot of republicans this was the issue they wanted to fight over instead of shutting the government down in an attempt to defund the affordable care act. kentucky senator mitch mcconnell said in a written statement today, quote, when a visit to the obamacare websites makes a trip to the dmv seem pleasant time for the president to consider delaying this rushed effort. florida senator marco rubio says the website problems may point to more serious difficulties down the road. >> in the 21st century, setting up a website where people can go on and buy something is not that complicated. people do this every single day. the inability of the federal government to set up a website where people can go on and buy something like health insurance, does not bode well for the much more complicated elements of the law which are yet to be rolled out. >> reporter: republicans want hhs secretary kathleen sebelius

to testify before a house committee in a hearing but she says she has a scheduling conflict. jamie: so she does. wendell goler from the white house. bill: can president obama make this right? how does he make it right? brit hume, fox news senior political analyst. mondays with brit. good morning. >> hi, bill. bill: i guess you could get the log-in system, that is how you make it right. what do you say right now? how far do you go? it is my fault or somebody else's fault or what would you expect? >> i would expect him to say basically what wendell suggested it is unacceptable to him and we're working as hard as we can and brought in the big tech team assembled from best minds from all over the place. they are working feverishly to rescue this mess. i don't think it matters what he said. all that really matters at this phase of things how quickly they're able to get it up and running to be able to use it. the numbers as you all were pointing out in the last hour, drop-off of people going on the

site from day, week one to two week two is staggering. so, they have got a big problem. of course, bill, in order for this program to work as advertised, you need this huge buy-in from millions of young and healthy people to afford the pay the premiums that will make possible the health care costs of older sicker people. if you don't get that the system will collapse. bill: hmmm. do you think that there is a chance that they would delay the individual mandate a year? i mean is that a possibility now? >> oh, yeah. if this, if they can't get this thing up and running they will have to because you can't, as so many people pointed out you can't fine people for failing to buy insurance on a website which doesn't work. that sort of goes without saying. when you think about that, think of the position republicans having gone through this, this bloody nose they got on fight over defund shutdown, they're now in situation where the

program is stumbling terribly and they have got budget negotiations coming up in which it is not inconceivable that the president could give them a big piece of what they wanted in the fight anyway because he will have to delay the individual mandate. it is an interesting state of affairs. bill: that is an extraordinary irony if it comes to that. the contrails of that decision are enormous many for the law. many argue the law can not stand without it. we did some polling, what, a couple weeks ago? we asked people about delaying implementation. we found 57% are in favor of that. we asked how the new health care law, is it better or not for your family versus the old system? 52% believe the old system is better for their family. i don't know if that second one is reflection of a system that has not taken hold yet? >> no, i don't think so. >> what would you make of that? >> remember that, bill, when this law was being enacted polls

consistently showed people were happy with the health care plan that they had. so, you know, they're reading, you've got this hugely controversial and widely unpopular new program which will change things for a lot of people who have made it clear they don't particularly want to see any change. look, there will be people who ultimately will sign up for this and will at least potentially benefit from it if it stays in place. an awful lot of people were happy with what they had. understandable you find a poll number that they prefer the old one to the untried new one. bill: so you think someone loses their job or not so fast? >> there is history of that lately. bill: no one gets fired. >> higher you go the fewer the firings seem to be. private industry it is different but in the government, you know, it's a political appointee like kathleen sebelius who has been a loyal trooper and doubtless done the --, she probably done the best she can. that is the problem. this is the best she can do.

>> i don't mean to chuckle but i mean it is comical when you're four times overbudget. flying people from silicon valley to set the darn thing up. fox, we contract how people on the outside, we know how expensive it is for the company. can you imagine what the government is paying now? we're just 21 days into it. >> what is already paid, a staggering sum of money. it takes your breath away when you hear hundreds of millions of dollars for a website. >> just software. see you later, brit. >> thank you. bill: for viewers at home, sends us your tweet from what do you want the president to say. my bad. another one says we're puting a hold on it until we get all the kinks worked out next few years. one more tweet, what happened to the buck stops here? we might hear that next hour. send your tweets to @billhemmer, at jamie colby tv, and @marthamaccallum. she will read them even if she

is not here. jamie: do you think we'll get a timetable how long until it is fixed? bill: i don't think so because i don't think they know yet. that is my assumption. if the tech whiz are in there, we can get this thing up in 14 days -- jamie: we'll take it. bill: we'll hear from the president if that is the case. jamie: they sought the best and the brightest. we want to give you an update on this shooting. looking at live pictures of the scene outside of bally's, the hotel and casino in las vegas, three men, they are reporting our affiliate is, police tweeted the same, have been shot. a suspect is in custody. a homicide team, metro police are saying, is on the way. at this point they can probably tell the number of injuries. they say one report says, one dead, two injured. we have to hear that from police. look at the scene. they're obviously taking it very seriously. one suspect in custody. maybe they're looking for more.

we'll let you know everything on the story, coming up. bill: 5:45 in the morning in las vegas. not a whole lot of good going on. pointed question for senator ted cruz. >> senator, good to see you. what is it like to be the most hated man in america? bill: he might be. he loved it back at home. tell you about a hero's welcome for ted cruz in texas? plus there is this? >> a whole web of lies. this was very well-planned out and, you know, he almost got away with it. and let's hope that the jury convicts my father. jamie: wow. no decision yet but a respected doctor accused of murdering his wife. why his kids are saying what you just heard, even though he says he didn't do it. bill: also, "man on fire." make that men on fire, on purpose. we'll explain what. johnny cash. ♪

for over a decade

millions have raised their hand for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exi. avoid if you te clopidogrel. for many, relief is at hand. ask your doctor abouxium.

bill: truck bomb exploding at a government check point in syria, killing at least 30. rebels reportedly drove the truck filled with explosives through the eastern entrance of the city of hama yesterday. set fire to gas truck nearby adding to initial damage and casualties. arab league calls for an international conference for ending the more than 2 1/2 year-long civil war. jamie: texas senator ted cruz returning home to a hero's welcome. an eight-minute standing ovation at a speaking event. different story in washington where he is being criticized by members of his own party but in an interview with abc news, cruz says, who cares. >> i'm not serving an office because i desperately needed 99

new friends in the u.s. senate. given the choice between being reviled in washington, d.c. and appreciated in texas, or reviled in texas and appreciated in washington, i would take the former 100 out of 100 times. jamie: leslie marshall, syndicated radio talk show host and fox news contributor, and david webb the host of the david webb show on siriusxm patriot channel, tea party 365 cofounder and fox news contributor. good morning to both of you. >> good morning, jamie. >> good morning. jamie: former florida jeb bush is calling where ted cruz is concerned a little self-restraint. what is the impact did he accomplish beyond the ovation he got in washington from his party? >> let's separate what he got versus what we the people we got. i said from the beginning ted cruz was going down with a fight and, it was a time to galvanize the base and to be fair, these

events galvanized for it and those against it, in this case it is obamacare and that is benefit to ted cruz. i agree don't overplay your hand. move forward smartly. we have a long marathon of a battle against obamacare on behalf of the american people. as for who won, who lost, the american people have lost in this entire thing. here we are with a train wreck in obamacare. here we are blowing through sequester cuts in the debt ceiling debacle. here we are simply not providing solutions and january 15th, the poor can we've kicked to hell and back is now going to be kicked one more time. >> i imagine, leslie, a lot of elected representatives as they go home are curious what the reaction will be of their constituents. what is your impression of the standing ovation in texas? >> well, 750 people in texas like ted cruz. this is all about ted cruz. this was not about the republican party. i don't think ted cruz is a

republican. i don't think he is a tea-pullican. i think he is party of himself. i have a lot of respect for people who want to have the mountain they want to fight for and die on but not at expense of over 800,000 people losing their jobs. not at expense of people, seeing cdc and national institute of health being closed down as research goes forward. the list goes down. >> who lost their jobs, leslie? >> this was about ted cruz, looking to be president and cost the american people millions of dollars. >> who lost their jobs. further fragmented. >> who lost their jobs? simple question? >> 800,000 people furloughed. >> they are getting paid back for vacation off. nobody lost their jobs. cdc, programs were furloughed. the perhaps are coming out. nothing that couple out end of your points. >> jamie: let me throw this out there on ted cruz, still. 74% favorability rating among tea party republicans and 56%

favorability rating among non-tea party republicans. this is according to pew. so worth it, david? >> worth it from political gamesmanship, yes. i spend less time worrying about pew research polls and looking what happened here. we have a senate for basically decades now has been the president's club. 100 bureaucratic oligarchs don't reflect american people will and gop senate, frankly in large part doesn't know how to fight. sometimes you fight and you lose but you leave your base, you leave the american people with the impression and the truth that you will fight for them. this is marathon. not a sprint. so i'm no worried about one battle. i'm worried about very long-term future. we grown unfunded liabilities. we're out of control in this country and time we put a stop. jamie: let me let leslie jump things here, most things in life are a marathon, not a sprint. today, leslie, president has a

chance to stand up and address everyone trying to implement obamacare and fix the computer, with quote, unquote, tech surge. he can also explain too americans trying to register what the heck is going on? what do you expect him to say? what does he need to say? >> what he already is saying. which is, my bad. computer system is not working. but a failed computer system as we saw with twitter which also crashed in its inception and that is computer program which is about a company just about an interactive social media site, this is a health care plan. and the implementation, absolutely no question of the computer program has, has not gone well. i do believe, not that they're going to extend the individual mandate for a year. i think the president will and should also address that. if it take as couple weeks, you take a couple weeks, couple months. david i want to address one point david said, you talk about the polls, in one month, the approval rating for obamacare jumped 8%. the tea party's ratings have

declined. the republicans ratings among americans have declined. if you say the senate is about the president, that is slap in the face to american voters. the american vote, both democrat and republican elected those officials in both house and senate, david? >> frankly i would tell the american voters you need to consider why you put people in office, regardless of office for 30 years plus. this is ridiculous. we have eventually, essentially in america created, or let be create ad permanent political class that sits inside the beltway. and it is time we as americans take a look at our choices and what we're getting in results. you could argue, left, right, argue the polls all you want but i'm asking the american people, tell me what solution you got out of anything from october 1st, to october 21st today? you got nothing. jamie: guys, i appreciate you presenting both sides. david webb, leslie marshall. always great to have you here.

10:19. >> one congresswoman's use of political donations being compared to mafia tactics. we show why that is in a moment. jamie: thousands of workers are seeing their hours cut because of obamacare. is america going to become a part-time employment country? >> the american dream is under assault and people every single day who are stuck in jobs that don't pay enough to live off of or people that haven't been able to find a job in months, just growing sense in this country this is the new normal. we can't accept that. this can't be the new normal. for seeing your business in a whole new way. for seeing what cash is coming in and going out... so you can understand every angle of your cash flow- last week, this month, and even next year. for seeing your business's cash flow like never before, introducing cash flow insight powered by pnc cfo.

a suite of online tools that lets you turn insight into action.

jamie: the program, "60 minutes", opening a new window on campaign finance, showing how lawmakers can profit from making personal loans to their own political campaigns. listen to this exchange with a california congresswoman.

>> you loaned money to your campaign and charged the campaign 18% interest. >> that is correct. to do a lot things i have to be were not feasible unless i did what i had i had to do. at that point what was recommended. >> i don't think there is anything wrong with loaning your campaign money and collecting 1% interest from your campaign that seems too much. >> do i get the loan and not get charged interest. >> still 18% and $228,000 in interest that is what the mafia gets. >> it isn't like i really profited. i still live in the same house. i drive a small car. i am not, millionaire or billionaire for that matter. >> did your campaign contributors know you were paying back a loan, charging the campaign committee 11%. >> you don't go out an publicize that but they know i had a campaign debt. jamie: interesting we should point outs personal loans like these are perfectly legal. bill, i lend you everything i

have in my wallet for 15%. bill: 15%. i'll take 14. jamie: lot of interest. bill: telling you. good money if you can get it, folks. federal government made houses for them but kicked them out on the street. back in 2008 the department of housing and urban development, known as hud, approved millions of dollars for grants to build a complex in arizona specifically for the deaf. now their own civil rights division says the facility discriminates against non-handicapped people. william la jeunesse makes sense of that. >> reporter: bill, doesn't seem to make any sense. so the feds do a study. says u.s. has virtually no affordable housing for the deaf. builds an apartment building for the deaf, but now says too many deaf people live there. >> as a deaf person i feel like i have a right to live where i like to live. >> reporter: quiet is here but plenty being said in sign language. >> i would cry. i want to stay here. we need this place.

>> reporter: apache asl trails is one of the few apartments in the u.s. built specifically for the deaf. >> hello. how are you? >> reporter: videophone lets residents talk with friends. ever unit accomodates a wheelchair. blinking lights signal a doorbell, disposal and fans. >> nice to have a live that, equivalent to other people that are not deaf. >> reporter: hud spent 2.6 million to help build the project because it helped the deaf. now, however, it says the complex is guilty of discriminal nation. and demands 75% of the units be rented to those who are not disabled. >> basically say, no, they're are too many people who are hearing impaired here just nuts. >> attorneys that i dealt with at hud, i would characterize as ignorant and arrogant and much worse, they're powerful. >> reporter: statehousing director michael trailer met with hud secretary sean donovan months ago to resolve issue. >> he looked me in the eye, he

said if you say we have taken too long to resolve this, you're right. if you say that we haven't handled this well, you're right. >> reporter: yet five months later, nothing is changed. >> i'm really disappointed. i'm disappointed with their lack of desire to understand, out there in the hearing world it is really lonely to be deaf. >> reporter: hud lawyers say apache trails can't show preference for the hearing impaired even though that is why this complex was built. 14 face eviction, bill. no comment from hud. bill: keep on it, thanks. william la jeunesse live in los angeles. william, thank you. 27 minutes past. jamie: right now there are growing calls to push back obamacare ace individual mandate for another year. what would happen then? because you asked, we will take a look at the real-life consequences of another delay. bill: also a doctor accused of killing his wife. his own children believe their father is guilty but is this man really a killer? >> he has done some bad things

in his life. does that mean he is murderer? no. y amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen. and the needle is thin.

victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adultth type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away

if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans.

bill: here we go, folks. fox news alert. it will be the headline of the day much president obama will address the countless problems with the obamacare website. we should see him within the hour. the white house says there has been a tech surge to manage all of this. a tech surge, we say. stephen moore, seen year economic writer for "wall street journal" here to talk about three matters. steve, good morning to you. >> hi, bill.

bill: do you have much detail on the tech surge, who is it, where are they from and what are they doing? >> first i want to say this, bill, we should not in the media use the term glitch to describe all the problems they had with the computer systems at, at health care.org. these, the hindenburg was not a glitch. these are major problems. they're bringing in all of these new computer experts to solve a problem with a 600 million-dollar expenditure. the question the american people are asking, wait a minute, why didn't do you this in the first place? why did you adopt technology 10 to 12 years old? that is like useing a rotary phone. bill: the hindenburg, we know what happened there, right? there was some talk creeping into the mainstream over the weekend how the law continues to make america a part-time nation. now you have reported on it. you watched it. >> yes. bill: you think there are two disincentives for american

business now. explain that. >> that's right. the first one is the 30-hour a week rule. so if you work, if you're in a job and you work more than 30 hours a week with a business with more than 50 employees that means the employ hears to pay health insurance for you. a lot of businesses have very thin profit margins, right now. they don't have a lot of extra cash to be paying the benefits. so what businesses are doing, you reported on this yourself, they're hiring people for only say 26 or 28 hours a week. that is big problem for low-income americans trying to feed their family and pay their bills with only 25, 26-hour a week job. the other one of course is 50 workers. i talked to a lost employers around the country who say i will not hire a 50th worker. i will stay with 45, 46, or 47 workers. once you hire 50, bill, all of your employees, not just the extra employee, all of them come under the obamacare regulations and mandate. bill: if you run a business,

good luck figuring that out. bya, because you asked. question comes to us by the way of twitter of the if the individual mandate is delayed a year what happens to obamacare and those who seek insurance through the exchanges? now just to be clear on this, our viewers asked this question all the time. >> i know. bill: a lot of them push for this because they don't think it is fair for individuals when businesses get a one-year reprieve. republicans were pushing for that during the budget battle as well. if you go into the details of delaying individual mandate, there are scores of issues with this law now. explain. >> first of all, let me just say this. i'm very much in favor of at least one year delay of the individual mandate if only because the system isn't ready to go as we've been talking about. it create ad catch 22 for americans, bill. they are required to sign up for the program but you go to the website and you can't sign up. now you will impose penalty on those people? you do this for a year. you delay the individual mandate. that will cause some problems for the government.

then you will get a lot of sort of sick people signing up for obamacare and not healthy people. you're not going to get revenue you need to pay for it but what other option is there, bill? you can't require people to sign up for a program that you can't sign up for because of the computer system doesn't work. bill: let me give you three of big factors we found. americans uninsured. there are estimates from the cbo, 11 million additional americans in 2014 would be uninsured. others say it is high as 24 million. you have an increase in premiums. you mentioned six people sign up. healthy people stay away. >> right. bill: you would get deficit reduction next 10 years. $35 billion would be saved by americans. but do you believe this president would delay the individual mandate because that would pretty much suspend the entire law? >> he ought to do it. will he do it? probably not, bill. he is really dug in on this. he said in private meetings, and publicly he will not budge of

the issue of individual mandate. the only reason i things have changed. as we've seen as the weeks rolled on, people can't sign up for the program. they, if you can't sign up, how in the world is it then fair to fine people for not signing up? doesn't make any sense to the american people. bill: make a great point. that is un-american too. stephen, thank you. "wall street journal", stephen moore in washington. viewers at home, you got a question, shoot an e-mail, hemmer@foxnews.com. send a tweet, bill hemmer, because you asked. neat just one line there. thanks again, stephen moore. jamie: fox news alert for you. we have an update on the shooting at bally's hotel and casino in las vegas. we are now hearing one person has died. let's go to shannon moore from our fox affiliate in las vegas. shannon, what can you tell us? >> reporter: good morning, guys, according to police three men were shot inside the bally's hotel and casino. you kang look at the scene. police officers are still out here exactly what happened.

we're told one of the men has died. the other two were transported to a local hospital. the suspect now is in custody. so far no roads have been closed. we're seeing guests exiting the building towards the rear end of the hotel and we're told the nightclub was cleared out. i did speak with one of the victims, i'm sorry, one of the witnesses inside the nightclub of the she says she saw the whole ordeal go down. she said a fight broke out inside dre's nightclub. the suspect was asked to leave and that's when he pulled out a gun and opened fire on three of the hosts working at the nightclub. she said police showed up shortly and rendered aid to the victims t one of them even pumping the chest of a victim. several officers still on scene. again three victims shot. one passed away the other two are still at the hospital. no word on their condition. the suspect is in custody. as soon as we have more information we'll be sure to bring it to you.

jamie: we appreciate that. shannon moore on scene. thank you. bill: crime there on vegas on the strip. say you can't go home again. might be true for peyton manning. watch last night in indy. [cheers and applause] man that was pure class, wasn't it. indianapolis, really good snowing there. their former star, peyton manning returned to play, now a denver bronco against his former team that was really cool. that happy homecoming went only so far. the colts behind quarterback andrew luck, beat the broncos 39-33. denver's perfect season ends at 6-0. manning had a pretty good night. luck had a better night. jamie: classy crowd. bill: sure was. jamie: fun to watch. how about this? this is incredible story. a doctor accused of killing his wife. they hauled a bathtub into court

to explain what happened. why that could be a crucial piece of the puzzle. bill: also, i mean, almost halloween right, jamie? this is incredible video. what possessed these people to set themselves on fire? we'll tell you the reason, the intention, the purpose. jamie: really, there's a reason? bill: why. jamie: who does this? ♪ i'm overhe hill.

my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend.

ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup. bill: 21 people on the streets of cleveland covered in flames. and there's video. they intentionally set themselves on fire after the browns lost. to raise money for charity and set a new begin necessary book of -- guinness book of records, most people performing full body burns. they wore multiple layers of

clothing, soaked in jell, to protect themselves from claims. chief and organization, brick by brick. nicely done. jamie: don't encourage that. i can't believe there is even a name for it. we're keeping an eye on a my profile doctor happening in utah. his name is martin macneil. right now he is accused killing his wife back in 2007. they say, prosecutors, that he gave her a lethal cocktail of pain medications after surgery. prosecutors say macneil forced his wife to get a face-lift. he wanted her to have. she didn't want it, they say. then convinced her doctor to prescribe powerful drugs that he wouldn't normally give out. and then they say the husband drowned her in the bathtub after that lethal cocktail. here is the 911 call from macneil. >> your wife is unconscience? >> she is unconscience and underwater. >> could you get her out of the water? >> i can't. i let the water out.

jamie: in testimony on friday prosecutors brought in a model of that bathtub. that is what you're looking at here to show how michelle's body was found by paramedics, partially clothed, face down in the water. criminal defense attorney, doug burns. welcome. >> thank you. jamie: i think this case is interesting for this reason, that he's a doctor. >> yes. jamie: and he knows about the medications. he knows about proper and lethal dosage. >> yep. jamie: and the question i have, doug, for you first, must this judge give a jury instruction to this jury and say, yes, he has knowledge, ability, perhaps motive, but consider him a non-doctor, like any person because it is prejudicial that he had that knowledge? >> that is an extremely interesting question. i'm not really sure. normally there is generic instructions that say look, everybody stands equally. put aside they have specialized knowledge. if you ask for that instruction you may get it.

however, this case reminds me of the drew peterson case, because in drew peterson he was using specialized law enforcement knowledge ostensibly to get away with murder. here this jury will be very tuned in right away this guy was a medical professional using medical knowledge to do the same thing. i think your question highlights a key part of this trial. jamie: i'm curious. it could be prejudicial, if you're the defense attorney that this doctor knew about all of this. we can't ask the wife whether she wants the facelift or not. there is a lot of circumstantialal evidence in this case, isn't there, keith? >> there is. jamie, if you use the logic the prosecution has the wrong doctor on trial. the surgeon is prescribe 9 medicine. if you fault him for having for it fault the doctor who issued it. jamie: you're bringing up problem in the whole nation. you get a tooth pulled they give you 30 oxycodone. in this particular case, objectionsy code don't and valium prescribed for the woman.

found in the bathtub, drew peterson case, found in bathtub, partially clothed and 911 call. >> i hate the 911 call. it sounds so fake. jamie: as defense attorney. >> what i like from this case from a evidentiary standpoint, how do you know who put the drugs in her system? you have two medical exam uppers. experts for the prosecution who came up with different theories as to the cause of death. jamie: interesting. she had heart disease and coroner number one says natural causes, heart disease. before her surgery, a doctor was concerned and asked her to delay the surgery because of heart disease. second coroner says, heart disease but lethal overdose. doug, how does the jury put those two reports together? >> i think a lot of people are going to mishandicap this in a little bit, ah-ha, the first report said it was natural death. had that in drew peterson, not to be broken record. the point is, this is, very much, i'm quoting someone i heard, piece by piece case.

there is no smoking gun, but if you look at the fact, a, you have a huge motive, you can talk about all day long, motive isn't a element. jamie: motive he cheated, lied, extramarital affairs and proposed someone he was seeing within weeks after she died. >> two weeks after she died he is proposing to somebody. jamie: however, keith? >> not exactly mourning. >> you heard the children. the two children say, my daddied this. i can't imagine anything more compelling on the stand. >> they don't have any direct evidence. and there is circumstantial evidence, their feelings, their thoughts, that is not enough to convict the guy on constitutional grounds. they simply don't have enough. jamie: that is amazing. >> not only are they not witnesses nobody knows who ingested drugs into her system. there is no evidence. bring up drew peterson. bring up a famous case we covered here casey anthony. who did it? how did it happen? that is the defect. >> think he will walk. >> i do unfortunately, i do.

jamie: meanwhile they have their work cut out for them. >> they do. jamie: to prove this case. >> they do. jamie: does he have to say much? >> all i'm saying is that, you know i used term mishandicapped because jurors in my experience in the last 28 years have been in front of them, keith the same, they get right to the heart of it and the bottom line is, think about this counselor, if they can't introduced into the rafters some notion this woman killed herself we will get convicted i tell you. >> he can't testify. he has prior convictions. >> what about that? >> he served three years on medicaid fraud case. >> he is a tough guy, tough guy to wrap your arms around. jamie: a case to watch. you saw the picture of the couple. there were some happy days before. thanks, guys, so much. >> my pleasure. jamie: prosecutor. defense counsel. >> thank you. bill: we rest. jon scott coming up in a few minutes. quick preview of "happening now." how are you doing. >> doing well except my broncos lost.

now doubt heard about the problems with the rollout of the obamacare act. the president will make a rose garden statement and acknowledge troubles for his domestic signature domestic achievement. what else will he say? you will hear it here live. analysis from bret baier, nina easton and david drucker. we'll talk about the media's coverage of obamacare. breakthroughs in cancer screenings to tell you about. we'll tell you about one of the dangers of buying over the internet. great news about sleep coming up "happening now." bill: see you then. my son loves the broncos. >> me toys, that's tough. you're 6-1! >> i'll take it. but the chiefs are 7-0. bill: hang in there. gotcha. new developments in the murder case against nfl star aaron hernandez. we're live from the courthouse with that. check this out. talk about swerving, what was this guy -- whoa! yow.

jamie: a little piece of tape we thought was interesting, caught on video, this box truck driver swerving violently in china. it was not for a movie. it was for real. you see the truck lurches from one wheel to the other, side by side. the dizzying driverring continued until it skidded to halt. the driver says he lost control? you think? after breaking hard to avoid hiting a car because of that crazy driving. no one was hurt. bill: pretty good driver, hang on like that. new information in the murder case against nfl star aaron hernandez. will the judge be forced from this case? molly line from fall river, massachusetts. a bad relationship between the judge and prosecutor. what gives, molly? >> reporter: well, bill, prosecutors represent the commonwealth are arguing

essentially the judge can not be unbiased in this case when it comes to the commonwealth. they filed a motion for recusal. what this essentially asks the judge recuse herself from the case, from the hernandez trial, because in a prior murder case involving the same prosecutor, that could would be assistant district attorney william mccalley, they argue this judge exhibited antagonism and bias towards the prosecution throughout the case. the paperwork goes on to say this perception of bias was manifested by the judge disparate treatment of counsel. needless interference of the prosecutor's presentation of evidence, unfair exercise of discretion and goes on to say, that the disparagement of the prosecutor before the jury by words, tone and conduct as well, bill. >> molly, if the judge is not recuse herself what, how awkward does it become? >> reporter: right. exactly. and it is the judge's choice here and she will be weighing in on that today. we would think, perhaps thinking things over. but the commonwealth does not

undertake this lightly according to the paperwork. they say the risk of prejudice here is simply so great that failing to take action now will remedy is still possible would amount to a single failure to discharge our public duty. they do this with the utmost respect for the judge and for the court as well. we'll see, bill. that hearing slated for 2:00 hour this afternoon. bill: judge's call. that's right. thank you. molly line in massachusetts on that today. jamie: well, we are awaiting president obama's remarks. it will happen at the white house. what will he say about the technical and a half if you that is undermining obamacare?

>> check out this top gun. the uss sumwalt. the largest destroyer the navy ever built. they hope the space age design and advance features it has will make it a ship no enemy will want to face. it is named after the former admiral elmo zumtalt.

it was christening was canceled because of government shut down but may be coming to a port near you. bill: alligator on aisle 9. gator seeing a wandering near a wal-mart in orlando. triggering the automatic doors. over and over it went. police making sure no one got too close. eventually the gator walked off into the bushes without pulling out his debit card. apparently gator was looking for nice pair of shoes and handbag. >> yeah? had a hot dog at a wal-mart? bill: have i had a hot dog at wal-mart? i had a dirty water dog on sidewalks with in new york. that is outstanding. recommend it here in new york. >> recommend it every time. bill: see you at 1:00. see you?

>> around. bill: see you around. make it a great monday. bye-bye. jenna: start off with a fox news alert. we're awaiting the president to step into the rose garden where he is holding an event to promote the new health care law. he is expected to address many technical problems plaguing the site, both for people trying to sign up and for insurance companies when they get faulty information from the website. a white house official telling fox news, the president will remind the public that the health care law is more than just a website. it remains to be seen who in the administration will take responsibility for all the problems, if anyone. important address today. about 25 minutes from now. bring you there live. as soon as it gets underway. first right now, brand new stories you only see here. jon: getting enough sleep mom always told you is the key to staying healthy. now there is a new study that suggests sleep can also boost your brain power. interesting stuff. plus, police need your help solving a who