fair and square. take your lumps, learn from experience and move on. we appreciate everyone who responded. >> have a great day. >> "fox & friends" starts now. bye. good morning. it is tuesday october 22. i'm elisabeth hasselbeck. queue up the spin machine. president obama says the obamacare website doesn't work. you know why? because it is working too well. >> the number of people who have visited the site has been overwhelming which has aggravated some of these underlying problems. >> should we believe the white house hype or is the worst yet to come? >> an american hero gunned down. a retired marine turned teacher killed while saving his students when a seventh grader opened up fire right before the morning bell. how the marine's heroic actions saved countless lives. >> arnold schwarzenegger like you've never seen him before. >> put the cookie down!

now! >> the governator re-recording his classic lines. by the way, he wants to run for president. "fox & friends" starts now. >> hi. this is joan rivers, and you are watching "fox & friends." >> we got that out of the vault. you met joan rivers? >> yes. hysterical. so funny. >> it's great arnold is recording his lines over again because they are a classic. he was on his program and told us how to say various things like the word chopper. you don't say the word chopper. you say chop-er. make it two words. >> his movie was fourth over the weekend. >> powerful.

>> speaking of powerful, we were on this curvy couch yesterday telling you how the president of the united states would take to the rose garden yesterday morning, and he did. there he is right there in front of 13 different people. and he was going to say that he was sorry that the rollout had worked so badly. but you know what? he never really said he was sorry. he just said i was mad. he also never explained what went wrong or why, where the buck stops or the timetable for fixing it. essentially he turned it into an infomercial complete with an 800 numbers and operators standing by. >> he said it's not a website. the website's not working well, no one is madder than me but it is not a website. we have a phone number, you can write us, you can come in face-to-face. i was amazed because the president said i'm madder than everybody else but doesn't see his responsibility in this situation.

>> i think an infomercial is an appropriate comparison. perhaps telethon. it goes back to when you were young and people are trying to sell you something too fast, too much with too much enthusiasm. you have to wonder why. but he says all these things are due to the fact that this is going to work so well. that's why the glitches are occurring. here we go. >> a number of people have visited the site has been overwhelming which has aggravated some of these underlying problems. i want the cash registers to work. i want the checkout lines to be smooth. the product -- the health insurance -- is good. the prices are good. it is a good deal. nobody's madder than me about the fact that the website isn't working as well as it should, which means it's going to get fixed. >> i think there are more people aggravated than he might be about the website not working and being told there is a product out there. but certainly there is a reason why there's a rush on this.

160 days to go. at the current rate of enrollment pointed out last night, they are set to fail at enrolling the seven million people necessary to pay for this program. they're looking for six million people. no wonder why we're getting the hard sell. >> and no wonder why, you know, we want answers, how many people have signed up. it's either embarrassing because they don't have the data or it's embarrassing because they do have the data. senator tim scott has a bad feeling about this. he thinks it's been a failure so far a worst is yet to come. >> the reality of it is this is an absolute failure. you don't spend $400 million on a website that people, no matter how many are trying to log on, you should be able to log on. my great fear, however, is this is just a website. we haven't started having a conversation about the provision of health care, about paying claims, on making sure that all the pieces fit together after

15 years in the insurance industry, i will tell you that the reality of it is this, if it's hard on the front end, it's going to be really painful when we get the pain of having to take care of claims, having to take care of people. this is a real challenge. if it is this bad now, i fear the worst is still to come. >> and we can't log in. they said that should be the easiest to fix. these software experts say there are five million lines of software that have to be rewritten. they did trial runs right before it launched and they all failed. the glitches cannot be new and this cannot be a surprise. what about the people behind the president? you always wonder. you saw the doctors with the lab coats behind the president. he's always got people there. it's not new to the office. it's not new to the 44th president but they are a constant at all his pressers. we looked back at some of the people standing behind him. one is malik hassan.

he works at a restaurant in philadelphia, does not receive coverage now, is looking forward to signing up for health care coverage. he recently used healthcare.gov to process his application and is waiting for options. what an inspirational story. he is employed and he's not covered and not yet succeeded in finding coverage through obamacare. ladies and gentlemen, am i the only one welling up here. >> the extraordinary thing is the white house communication team has had three weeks to find 10 to 15 people who have signed up. we heard thousands of people signed up. they wound up with 13 people behind the president and only three actually signed up. the rest were going to get to it eventually but for a variety of reasons they hadn't. according to an item on the drudge report, in new york state so far, zero people have signed up. one of the problems is yesterday the president said if you're having trouble with the website, go to the phone center. he gave the 1-800 number. as soon as you dial that number, it crashed. peter doocy yesterday

called the number, got through, and he said, okay, gave them the information and said i'd like to know what the prices are. the person said i can't give you the prices over the phone. why? i just can't. what i'm going to do is send you information. you'll have it in two weeks. peter said the president told me i can have them in 45 minutes. they go not here. >> also in new york they have a healthy new york program that already deals with people that don't have insurance. that's going to be shelled for this national plan. another one of the personal stories is virginia russell, she owns a business, has employees and believes obamacare might help her in the future. these are the props that you brought out to sit behind you and talk about a great program? then they wheel out this wonderful woman from san diego who is evidently hypotkpwhr* lycemic and pregnant. no wonder she passed out. you had to fly a pregnant woman from san diego in order to get your point

across, that eventually obamacare may in fact work. >> they need it to work to get the money to make it work is the problem. the american should be furious. remember when zappos had information leak out and people were furious about the shoes? who is being held responsible. the glitches are causing no signup, not the signups they need to pay for it. yesterday the question was asked, chuck todd was grilling jay carney over who let the president down and the american people down. take a listen. >> five days before the launch, the president said it's a website where you can compare and purchase health care plans the same way you shop for a plane ticket on kayak. who misled him? who misled the president on this? are you telling me five days before that somebody let the president go out to the american public to give this speech and say this and make this promise -- in fact, the line is i promise you, this is a lot easier.

it's like booking a hotel or a plane ticket. who let him down? >> the president is frustrated. he made that clear in his remarks today. >> they went back and forth for like five minutes. >> this reflects very poorly on the president of the united states. you don't expect him to personally review five million lines of code, brian, but he's the c.e.o. of the country. during the run-up, during the three years, did he not ask the right questions? did he not hire the right people? you know, there are millions of americans who we have been told are waiting for this. you know what? so far the federal government has bungled it. >> "the new york times" yesterday said we can't figure out why he hired the company he hired. they have no track record of implementing this. in comes the i.t. surge from silicon valley led by verizon. verizon is evidently given the task of trying to straighten this entire thing out. >> i read in the "wall street journal," i believe,

today that some people at various sites read in the paper there is going to be a technical surge. nobody new showed up. the software company, brian, they are blaming the administration because apparently they had developed some software so people could go on and shop anonomously, but the administration -- they were told the white house wanted everybody to register. and so they were told to deprioritize that function that the white house wanted everybody to sign up. and that change which was later rescinded is what was causing the bottle neck. and that's one of the reasons congress wants to talk to kathleen sebelius, who will testify next week. finally. >> which is an update. what she'll say, we don't know. but coming up in the program, senator marco rubio is going to discuss his plan, how he believes firmly in the individual mandate being delayed for at least a year. >> and also immigration,

how can you possibly get together on a major piece of legislation after what republicans and democrats went through. >> aside from that the affordable care act is working great. so far just great. who's over there? >> that's ainsley. >> nice to join you this morning. i love your new studio. the first time i've been working in the studio. i've got headlines for you. a middle school in nevada closed for the rest of the week after a shooting there left two boys wounded and a beloved teacher dead. that teacher, a retired u.s. marine who served two tours in afghanistan, lost his life trying to save students. michael lance bury used his body as a human shield while trying to convince a boy with a gun to put down his weapon. >> he pointed to us and said you ruined my life, and i'm going to ruin yours. >> i thought that was going to be my last day. >> right now police are not releasing a motive for the

shooting. lansbury leaves behind a wife and two step daughters. disturbing new details about the jets fan who slugged a woman right in the face. 38-year-old curt pashkey is a convicted killer. he spent three years behind bars for fatally stabbing a teenager during a fight at a pizza parlor. he was 17 years old at the time. sources say he was allowed to plead to a lesser crime because his father was a police officer. also, governor chris christie bowing out of the fight against gay marriage in new jersey. christie, who is a catholic, has always been outspoken about his belief that marriage should be between a man and woman but that might not get him reelected two weeks from now in a heavily democratic state. so he formally withdrew his legal appeal to block same-sex weddings. dolly parton is resting this morning 9 to 5 i would imagine throughout the day after a fender bender in

nashville. the 67-year-old country star hurt yesterday when an s.u.v. she was riding in was hit by another car. parton tweeted her fans after that crash saying she's okay, just a little tired and a little sore. those are your headlines. we wish her all the best. my best interview ever. i loved meeting her. she's such a great doll. >> were you out in pigeon fork? >> went to nashville, not in pigeon forge. that is how far from nashville? i don't know. >> she's fantastic. kenny rogers, whoy just had here, i'm sure sent her wishes. >> we wish you well, dolly. >> i love ainsley, the way she rolls up those scripts. very unique. 13 after the hour. she's a little angry. >> the show is called the deadliest tests you almost

had. >> he risked his lifesaving the president but thanks to obamacare this former secret service agent losing his health care. how could that happen? he's going to tell you he's going to tell you next. overmany discounts to thine customers! [old english accent] safe driver, multi-car, paid in full -- a most fulsome bounty indeed, lord jamie. thou cometh and we thy saveth! what are you doing? we doth offer so many discounts, we have some to spare. oh, you have any of those homeowners discounts? here we go. thank you. he took my shield, my lady. these are troubling times in the kingdom. more discounts than we knoweth at to do with. now that's progressive. oh, my parents will be here any minute.

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back in 2009, president obama promised if you like your health plan, you can keep it. listen to this. >> if you like your doctor or health care provider, you can keep them. if you like your health care plan, you can keep that too. if you like your plan, you'll be keeping your plan. if you like your plan, you can keep your plan. >> well, many americans are getting this letter telling them to change their health care plan to comply with obamacare. a former secret service member got one too. and in his own letter he's

venting out to the president saying i know i'm not one of your connected cronies. i was just one of your secret service agents who put my life on the line for you every day. joining us is a former secret service agent dan bongino. thanks for being here today. certainly there is outrage on the part of many americans. here you are -- and we see pictures of you -- defending the president, yet your own health is on the line. >> yeah. true. it's sad, elisabeth. but i got this letter. i really liked my plan. i know it is easy for us to show insurance companies under the bus. the plan i had was terrific. premiums were manageable. copay was zero. given my wife has a preexisting condition, it is a very serious issue for us. we have two children as well. what became was -- it was a public political fight for me given my former run for offers and my run for office now, it became a very personal fight when i

had to open that letter myself. >> when you compared the plan that you have versus obamacare, there are people out there who think obamacare is great. what's wrong with the affordable care act? why should people be complaining? what are the changes you guy face financially now? >> he talks about phony scandals but he makes these phony statements all the time. if you like your plan, you can keep your plan. the new plan i have to buy ironically, elisabeth, sells me a bunch of things i don't need. substance abuse treatment, it may be a terrific option for people whrof a history of -- who have a history of that in their family but that is not something i need or needed to pay for. i'm a small business owner, i'm not one of his connected, elitist million-dollar insider friend that has a couple hundred dollars a month to spend on insurance coverage i will absolutely never use. like having windshield coverage for your car and you've never broken a windshield. you may not want that. he's essentially

bankrupting our small business. for him, i don't think he really cares. >> it is sad to hear you say that. your letter went viral. i think you speak for millions of americans out there. i want to thank you for being with us today and the service you provided our nation. >> thanks, elisabeth. >> coming up, was president kennedy killed by more than one assassin? what does the area really know about area 51? our next guest getting to the bottom of some of america's conspiracy theories. [ male announcer ] this is the age of knowing what you're made o why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pai it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision.

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we've got quick tuesday morning headlines. one of the world's most notorious terrorists expected back in a new york city courtroom later today. aby anas al libi will be assigned a public defender ahead of his trial for the 1998 u.s. embassy attack in africa. the undercover police detective arrested in that new york city biker beatdown no longer plans to testify in front of a grand jury. apparently he's confident the evidence won't show he was involved in the fight, even though prosecutors say video shows him breaking a window. over to the library and brian and a special author. >> library, living room. was john willkes booth really assassinated? what does the government know about area 51? did jfk's murder involve

more than one assassin? we're joined by author brad meltzer. how did you pick these conspiracies? >> jfk and abraham lincoln, those are big one. sometimes conspiracies find you. in this one john wilkes booth family approached my lawyer and said he did not die in a barn after he killed abraham lincoln. he lived many years later. would you like to hear our story. we didn't want to count on the top-ten conspiracies. we wanted to give people the real evidence. in this case, when you open the book -- here's the book. you open it up and you get to pull out, this is the actual letter that john w i

lk he s booth left behind after he shot -- john wilk he s booth left behind after he shot lincoln. >> the other thing you do, you research. for example, area 51, inside rosswell. u.f.o. or not? you end the story with jimmy carter, ronald reagan, two of the people who say they saw u.f.o.'s in their lifetime? >> it is easy to find that crazy person in the middle of nowhere who said i was abducted. i don't believe that person. i want the truth. tell me what really happen. we give you in the book the rosswell redacted report the government first came out with. you get to see yourself. >> you -- there is a questionnaire? >> the government used to fill out a form and say did you see? if so, fill out the form. we give you the form. i love to give my

father-in-law jfk's death certificate or a letter john wilkes booth wrote after assassinating lincoln. you want to know who killed jfk? here's who killed jfk. if you look at it historically in the 1960's, we blame the russians, cubans, communists, the greatest enemy at the height of the cold war. there was also distrust of the establishment. we blamed rich texas millionaires. in the 1970's, a time of watergate and vietnam, you know who killed kennedy? we said it was our over government and the c.i.a. in the 1980's, at the height of the mafia movies, we said it was the mob. it was whoever we were most afraid of at the time. we give you jfk's death certificate in the book and you get to read the state department report on lee harvey oswald when he left the united states. you get to see what the government knew about him before he shot kennedy, years before. when you hold that

evidence -- again, that to me, is a great gift. >> i have a book coming out. i don't have pockets or mysteries involved but this is pretty incredible. i can hear your voice as i read it, "history decoded: ten greatest conspiracies." if your kid does not want to read, give him or her this book. they will be compelled. meanwhile, two minutes before the bottom of the hour. straight ahead, a lone note for cee lo green. he is in trouble with the law, accused of drugging a woman. the numbers are staggers. in six million of ouriññ country's younger generation not in school, has no job, dave ramsey's daughter here with the hard-hitting advice every kid should here. first, happy birthday toñi sock player mancia.

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[ thunder crashes ] it doesn't. stop pretending. only flood insurance covers floods. ♪ visit floodsmart.gov/pretend to learn your risk. put the cookie down! now! who is your daddy? and what does he do? get to the chop-per. >> remember when he did that? >> yes. time for the shot of the morning. arnold schwarzenegger delivers some of his most famous one-liners for fans. he said send in his most famous quotes. requests poured in.

they include lines from kindergarten cop and terminator. i actually see that movie out of loyalty. they supplied, sylvester stallone and arnold schwarzenegger provided entertainment for two decades. we have to support them. we have an instagram account. we can't deliver it on instagram, can we? >> yeah, they can do videos on instagram. >> wouldn't that be an interesting project i'm tasking the control room -- >> we'll have brian do all the lines. >> let's go to ainsley earhardt. she gets a little impatient waiting for the headlines. >> give me my time, brian. headlines, five crew members from the show "deadliest catch" are alive after their ship burst into flames. the men were fishing in alaska when the ship caught on fire. the crew fled on lifeboats

and were rescued by another crab boat. no one was injured. officials are investigating the fire and are determining if the ship will be safe or scuttled. an eighth person under arrest in connection to a house party held at the home of former nfl player brian holloway. investigators charged an 18-year-old with burglary and police say he was among hundreds of kids who broke into the house when holloway was not there, threw a wild boozey party and trashed his house. singer cee lo green hitting a new low. the "voice" coach facing federal drug charges, accused much slipping ecstasy to a woman. that woman also claimed that he assaulted her but prosecutors say they didn't find any evidence of that. wayne newton's yacht hitting troubled waters. newton was not on board the 65-foot yacht when it went down while docked at a marina in arizona. the bow of the rendezvous is the only part as you can

see above the water. it is a mystery how this thing sank but officials believe equipment failure had something to do with it. and those are your headlines. >> danka shane to the rendezvous. ainsley, thank you very much. >> she is totally comprehendible. >> she is working on fumes but very thorough. >> when humming a song no one ever recognizes it. i don't know why. >> we liked it. >> ainsley, thank you very much. we turn to maria molina with a look at our tuesday fox cast. >> good morning. on this tuesday we're talking very chilly temperatures across parts of the midwest and also into the northeast, especially as we head into tonight and tomorrow. let's take a look at frost advisories and freeze warnings in place across the glaze and midwest --

across the great lakes and midwest. we have a rain-snow mix across parts of the great lakes, not talking about significant accumulation, just a couple of inches here and there. overall not too bad with the snowfall. high temperatures today 66 for the high, by tomorrow new york city only into the 50's. that's it. >> i'm going to tell you what happened last night because you probably nodded off before monday night football was complete. the giants' horrible start is over. they got their victory despite that great run. in the end the giants did have enough to beat the struggling vikings with their quarterback making his debut. giants win by a score of 23-7. their new running back was fine. the giants will try to win ten straight and make the playoffs. >> i think they're going to do it. >> i wouldn't be surprised. >> according to a new report, nearly 50% of america's younger

population is idle. six million people between the ages of 18 and 24 are not in school and have no job. >> what can americans do? from the dave ramsey organization, his daughter rachel. this is a jaw-dropping number. 15% of kids in that demographic don't have jobs, aren't in school. is it because they can't find jobs or they don't want to work or go to school? >> i'm just a little bit older than them. i see a lot of less self-starters out there. you have to be motivated. i talk to parents specifically on that. if you have high school students, college students, encourage them to work -plt getting those skill sets early is so important. >> how about internships? >> absolutely. employers, when you get out of school, they want to see you've had experience, trying to work. >> maybe put off career

long-term thinking and start in the work environment. start early. >> absolutely. when you're in high school, get that part-time job. even clubs like leadership, that kind of thing, sales, grasping and getting those skills is important, getting that early. >> unfortunately with kids in that demographic, a lot them have gotten a trophy every time they play a game and so when it comes time to get a job they're not going to get that job unless it's their dream job. >> with students who graduate college, they have that passion, that dream, they want to find it. if they don't find it, they get discouraged. they move back home and do nothing. i tell them you're not going to get your dream job out of school. that is reality. go to work. get those references under you. a future employer will see you have work ethics. >> don't be afraid to move. move towards a job an be open to change. >> relocate. even if you have to drive more than you thought you had to, do that.

>> you should be branching out. >> absolutely. if you have a family member in another city, possibly go for a short period of time and go stay with them. >> parents have got to factor into this. you were talking about some aren't self-starters. sometimes it's the parents' obligation to push them toward the door. >> it is. i think the earlier parents start this, the better off they will be. if you have young kids, not putting them on allowance, putting them on commission. >> there's labor laws. >> a quart for -- a quarter for raking? >> rachel cruze, give our best to your father. thank you very much. meanwhile, straight ahead, the obamacare website a mess since day one. is it fair for the administration to penalize americans who don't buy

health care if the website doesn't work? senator marco rubio of florida joins us next with a plan to change that. >> life-changing news from superstar singer kelly clarkson. she knows already. ♪ ♪

quick headlines. kim kardashian and kanye west finally engaged. the rorp -- rapper popping the question in front of family and friends. kelly clarkson married long time boyfriend brandon black stock. she broke the news on twitter. >> from computer problems to low enrollment, the obamacare rollout has been a mess since day one.

>> is it fair for the government to tax americans for not buying a product that they can't log on to and sign up for? >> joining us from miami is republican senator marco rubio. good morning, senator. thanks for being with us. >> good morning, elisabeth. >> you're offering a solution which you put forward next week in front of all, to delay the individual mandate based on the fact that you can't even log on to the website. correct? >> right. let me explain the situation. i think viewers of your show are probably well aware of it. next year everyone will be required to purchase health insurance. if you don't, you're going to owe the i.r.s. money. that's called the individual mandate. one of the ways that becomes available, according to this brilliant idea called obamacare, is to make these exchanges available on-line. but they're not working. so how are you going to go after people next year using the i.r.s. to punish them if the thing you're forcing them to buy isn't available for them to buy because the website is not working. consumer reports yesterday warned people to stay off the websites until they

figure this out. the law i'm going to introduce basically delays that requirement until the g.a.o. certifies it has been up and running for six months consecutive. i think that is a prudent approach given the problems it is facing by the white house's own admission. >> senator, what did you make of the president yesterday? they put out in the morning that the president, in the interest of transparency, he's going to say he's sorry. as it turns out he didn't say he was sorry that the website stunk up the place. instead he said he was frustrated and he was mad and called the phone line -- and call the phone line instead. essentially it was an infomercial. >> yeah, that's right. the fact is there is no transparency. they're not sharing accurate numbers as to how well or not well it's working, how many people have been able to enroll and receive it or not. they're not being transparent which is adding more and more doubt to the entire process. they argued now they're going to have this tech surge and bring experts in

to fix these websites. they won't tell us who they're bringing in and how much they're spending on t. i think they're worried about increased criticism of the law if they open it up and show the people the ugly things going on in the implementation but i think it's proven to be counterproductive. >> the president said we have to have people stop cheering for its failure. i think it is a distraction. they had a test run the week before and it failed miserably. the president told us october 1 it was going to be fine. the big picture, you're in charge. does someone get fired? does someone get 30 days to get this done? where do you go from here? >> someone needs to be held accountable for the decisions made that led to this. clearly one of the reasons why this is happening is because they ignored the advice of experts who teld them it wasn't ready -- who told them it wasn't ready. they made a decision critical to the failure of these websites. they decided people would

not be able to navigate the website and look for prices and options until they enroll first. they have to give their name, social security and trying to capture information. consultants warned the white house that was going to be a problem and they ignored that and went forward. someone should be held accountable for that. >> is that person, in your opinion, kathleen sebelius? >> it might be. we need to have her testify in front of the congressional committee, which i think she agreed to do next week or this thursday; i'm not sure. once she gives that testimony we'll know a lot more about what role she played in making these decisions. her resignation could be an option particularly as we learn more about who was it making these horrible decisions that led to this horrible outcome. >> conventional wisdom is this reflects poorly on the president of the united states. did he not answer our questions? he had kathleen sebelius running things there at that particular department. senator, you know how this administration works. we saw it with the i.r.s.

scandal. we saw it with benghazi. there is an investigation. a little while later rather than taking the people ultimately responsible, they find somebody in the middle, low-level people, they put them on leave for a little while and six months later they rehire them to do some other job. >> somebody should be held accountable and eventually that might be the secretary. in the interim the reality is that millions of americans next year are going to be pursued and punished by the i.r.s. if they don't buy health insurance. but the way they're supposed to buy it isn't working and that is just not fair. >> what does this mean for the president's agenda? he wants to do immigration. you were in the gaining that had the program that went through the senate, now waiting in the house. how do you feel about passing immigration? >> i think we need to be realistic about it. we've been lectured for the better part of a month about how my side need to be realistic about what was possible on obamacare because the president controls the white house, democrats control the senate. i think it is time for proponents of immigration reform to be realistic about what is achievable on immigration. the reality of it is this idea that somehow the house

is going to fold and take up the senate bill and pass it is also a fool's errand to use a quote thrown around lately. the reality of it is there is a lot americans agree on on immigration. we should pursue the things we agree on and do what we can to make progress and the other issues might take more time. ultimately the decision democrats need to make is, is immigration reform about solving a problem or is it about using it as a political weapon to win elections? if it is about solving a problem they'll look for ways to make progress by finding common ground with republicans. >> there are plenty of problems with the affordable care act website right now and that is why you're introducing next week in the senate a plan to delay by six months the individual mandate until the website is up and running. senator marco rubio joining us from the beautiful city of miami. thank you very much for joining us live today. >> thank you. >> the president is always so open to republican ideas, so i'm sure he's going to embrace that. >> it is wildly sensible, so hopefully he will take a lesson. coming up, an inspirational story of what one man can

do after 90 years of never giving up. >> new regulations giving the government more control over your backyard. i'm not kidding. we're talking about your backyard. or your front yard. judge andrew napolitano joins us here to explain a crazy law. ♪ ♪ [ woman #1 ] why do i cook? ♪

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this could be the epa's most dramatic power grab ever, enforcing a federal regulation to gain control of nearly all the water in the country. so what does it mean for your property rights? here to weigh in is fox news senior judicial analyst, judge andrew napolitano. good morning to you. >> good morning. >> what are they trying to do?

>> the epa is redefining the meaning of the word "water," so as to give it, the epa, the ability to regulate every body of water in the united states, whether it's a little stream or whether it's a free-standing pond. they have done this by signing a bogus scientific study which says the following: under the earth, way down in the bowels of the earth, all of these bodies of water are connected to each other. why is the epa saying that? because when congress wrote the clean water act, it didn't define water. so the supreme court supplied a definition of water. and the supreme court's definition of water for epa purposes is it's got to be connected to navigatable waters they want to control all water. why? >> there is something about government that it always grows. it always wants to regulate more. it always wants to write more rules and control more behavior and the epa is an extreme example of this. president obama has put on to the epa extreme

environmentalists who want to regulate every aspect of our lives. how does this affect you? if you have a little bit of water on your property, you can't build near that water if the regulation comes to pass, without the approval of the federal government. never mind you need a local building permit. never mind the tax assessor is going to raise your tax because you built a new garage or barn or an addition on your house. you need permission of the bureaucrats in washington. that will cost more money and take longer. that's going to decrease the value of your property. >> and if you don't live up to the letter of the epa law, then the fine is $37,000 a day? >> $37,500 a day when you defy the epa. this is the most draconian find anywhere in the united states of america. >> how are they getting egg way with it? >> times they get away with it. sometimes they don't. when the supreme court ream renned them in a few years ago, they dropped 90% of the cases that they were pursuing.

>> you think this is on the same track? >> yes, i do. but in the interim, a lot of good, decent, hard-working people will fall victim to these monsters in washington because the president believes that they should be able to control these aspects of our lives. >> it all falls under the clean water act. we all want clean water, but not this. >> no. i can't imagine anybody, except the regulators wanting this. >> of course. thank you very much. >> pleasure. >> didn't know about that, did you? coming up, the president said if you can't get into the obamacare web site, just call the hotline. so what happened when sean hannity called? we'll play the tape so you can hear who he talked to. plus, he played tv's most beloved mailman on "cheers." he joins us live to talk about his new project that's made in america. >> trial, cliff, with a pair of dark socks, those could lookryin halfway decent

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good morning. it's tuesday, october 22. i'm elisabeth hasselbeck. the president said if you can't get on-line, just pick up the phone. that's what sean hannity did last night. >> i can't get on-line to create the account. so how can be create the account if the web site is down for the next 42 hours? >> you will have to wait until those 42 hours is up. >> just wait until you see how that ends. >> wow. i don't know if that made the press conference. maybe sean will be at the next press conference at the background. >> retired marine turned teacher gunned down while saving students. new details how his heroic actions saved lives. >> this is going to have you talking today. a big blowout for a high school football team. they won 91-0. now the winning coach is being accused of bullying the other team. really? >> really? >> we're going to tell you all about that and so much more. "fox & friends" hour two for this tuesday starts right now.

>> i'm arnold schwarzenegger. wake up, america. this is "fox & friends." >> real quick, governor arnold schwarzenegger is telling everybody he's going to look into overturning that element, that passage in the constitution that says that you have to be born here in order to become president. >> exactly. >> good luck to him. he doesn't have any skeletons in his closet, does he? >> not that i can tell. >> nothing going on, i'm sure they'll be able to do that. >> all right. thank you very much for joining us today. we promise this complete hour will be glitch free. >> we'll see. >> we can probably -- >> we can still make that promise. >> if something happens, we'll give you a phone number to call to complain. >> exactly. damage control going on at the white house right now. president obama is vowing to fix the problem that is plaguing our healthcare web site. >> yeah. those darn glitches.

but was his speech yesterday just a huge sales pitch, kind of an infomercial? let's turn to kelly wright who joins us live from our nation's capitol. >> good morning to all of you. i think elisabeth said it best, the president was doing damage control yesterday, even saying no one is madder about the problem than he is, about the on-line rollout, that is. president obama says the affordable care act, better known as obamacare, is more than a web site. it's a law that provides new benefits, he says, and protections for those living without health insurance. the president addressing the issue at the rose garden on monday flanked by people who have already enrolled in the program. the president saying the rollout of the web site is unacceptable. >> there is no sugar coating it. the web site has been too slow. people have been getting stuck during the application process. and i think it's fair to say that nobody is more frustrated by that than i am.

precisely because the product is good. >> the web site has been riddled with glitches and errors. the president adding, there are other ways to enroll, by phone, direct mail, or in person. but his administration is now working with the brightest and best minds, he says, to perform what he calls a tech surge to fix the web site. critics say the site, which cost $200 million to develop l not be a quick fix at all. and they even questioned the cost. >> i don't know what these people were doing. they're not that many web pages. i don't get it. where did the money go? >> critics say the president should delay individual mandate, which means americans americanse required to get coverage to avoid a fine. they may be flexible on that now. jay carney saying the law is clear, and if you do not have access to affordable health insurance, then you will not be asked to pay a penalty. republicans say the web site glitches are just signs of

bigger problems yet to come. >> kelly, we thank you very much. so far this hour has been glitch free. >> so far. but we're only four minutes after. >> i know. one of the problems -- and we're learning about this from the pages of the "washington post" this morning -- the way the government wanted this web site to work, it would be able to handle 50 to 60,000 people on-line at a time. but the week before they did the first ever test on it and it kept crashing. then as it turns out, it was crashing with just 200 people on-line. then about two minutes after midnight on october 1, after the launch, 2,000 people on-line, and it crashed. and it hasn't gotten any better since then. >> this is just the crashing that's happening just to get people to sign up. so if 200,000 people are -- a few hundred people are trying to get on and then they're asking for 7 million to get on, we can

only imagine what is to come. >> the thing is, if the test didn't go well and the model wasn't put together correctly, didn't anybody know that this was going to be an abysmal failure? didn't they understand what was at stake? former speech writer for president bush weighed in and he looked inside the speech itself and the words that the president has said and his spokesperson has used to say that this situation might even be worse than we think. >> the number is so low that it's almost embarrassing for them that they -- if it was modestly respectable, they would have given it to us. so they give us all these diversionary numbers. 20,000 people visited it, but then a few moments later, he said, thousands have signed up. thousands have signed up? i was a presidential speech writer. i worked through the fact checking process and i know a if the speech writer could have said tens of thousands or hundreds of thousands, they would have said that. so the fact he said thousands

may indicate the number is even worse than speculated. >> one of the things the administration put out yesterday was they were looking for thest and brightest minds in the tech world to help them and that apparently they had reached out to verizon to help them. but we still don't know what verizon is going to be helping them with. also a kind of a sign of maybe five days out they did know that there was going to be trouble because virginia info tech company called circo had a contract for $114 million and the week before the october 1st launch, it was increased by $87 million and you know what that particular company was going to do? handle paper applications. and if the paper applications don't work out, i understand they got a back up plan with the telegraph. >> exactly. roll up your application and throw it in a bottle and chuck it out in the nearest body of water. maybe it will get there in time fort sign-up before you get penalized. or call 1-800-trouble. guess what happened when sean

hannity called the hot liability he was speaking to a representative. listening to this. >> are a lot of people calling 'cause they're having trouble? i've been having trouble getting on the web site. >> right now, from what i heard, our system is down for like the next 42 hours. no one is able to get in, but if they call us, we can help them fill out an application as long as they went on-line to create an account first. >> that's the point, i can't get on-line to create the account, so how would i be able to create account if the web site is down for the next 42 hours? >> you will have to wait until those 42 hours is up. >> how come it's so hard to get on this web site, though? >> everyone is trying to get in at one time and we're having a lot of glitches in the system. >> lot of glitches in the system. did they tell you to tell us that? >> we have a script for that. >> so people are reporting to you the real deal? >> yes, sir, they are. >> yeah. have you ever caught anybody that really likes it yet?

>> no, not really. >> so sad! >> by the way, there is a lot of people that logged on, on amazon, i believe people are locking in. www.foxandfriends.com, people can't get enough of it. on facebook, i think people use facebook at the same time. this has all been done. >> it has been. and the web site was going to be the easy part. that was going to be the easy part. but this fiasco does not inspire confidence in how this government is trying to re-engineer how americans get health care. >> sure. >> that's the hard part. we can't even get the easy part done. the web site doesn't work. the phone number doesn't work. >> to your point, that it may actually be a blessing in disguise if people can't log on, if indeed they handle our health care how they handle this web site. >> bingo. >> the easy part for us is to toss to ainsley. the hard part is for ainsley to tell us the news. >> by the way, so far this hour has been 100% glitch free. >> that's why i'm going straight to headlines. a middle school in nevada closed for the rest of the week after a

shooting there left two boys wound and a beloved teacher dead. that teacher, a retired u.s. marine who served two tours in afghanistan, lost his life trying to save his students. michael lansbury used his body as a human shield while trying to convince the boy with the gun to put down his weapon. >> he pointed to us and he said, you ruined my life and i'm going to ruin yours. >> right now police not releasing a motive for this shooting. he leaves behind a wife and two stepdaughters. accused terrorist al-libi due in court in new york city today. a judge will assign him a public defender ahead of his trial for the 1998 u.s. embassy attacks in africa. he was captured in libya and interrogated aboard the uss san antonio. that had to be cut short because he was reportedly ill with hepatitis c. also dolly parton resting 9

to 5 after a fender bender in nashville. the 67-year-old country star hurt when the suv that she was riding in was hit by another car. she tweeted her fans after the crash saying, i was in a fender bender, but i am all good. just a little tired and sore. resting at home now. a massive shark tries to take a bite out of a surfer in hawaii and gets a mouth full of surf board instead. look at this. you can see the huge mark that was left behind. the shark missed the surfer's foot by just a couple of inches. the 25-year-old guy says he then punched the shark eight times and swam ashore. those are your headlines. >> that's what i do to brian and getting him out of here. >> in the break while you were reading. >> thank you. coming up, the focus is on trying to get people to sign up for obamacare. but what if there are no doctors? one doctor says he's sick to his stomach over the plan. up next.

>> then a win so big, a high school coach is in trouble. why some say the 91-0 win is the same as bullying. what that coach did to keep the score did is also important. weigh in on facebook with an answer, get your input on that score which will tell you the story. ♪ mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection

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the fact is, the product of the affordable care act for people without health insurance is quality health insurance, it's affordable. and that product is working. it's really good.

and it turns out there's a massive demand for it. >> okay. there is president obama yesterday saying there is still some quirks in the health exchange web site, but that the demand for obamacare is massive. so what about the supply of doctors? our next guest knows about that. that's the piece of the puzzle that the president has not addressed in public. dr. paul is the president of the new york county medical society. joins us live today. good morning to you. >> good morning. >> what do you think? >> it sounds like a simple question. actually it's rather profound. i think that to say that obamacare is about providing health care coverage to the uninsured is like saying moby dick is a book about hunting whales. that it's so much more than that and implications against doctor-patient relationship can be profound. >> absolutely. in what way? >> redefines how doctors are organized with accountable care organizations. redefines how doctors are paid. it redefines how medicare is

going to be realigned with the advisory board. most significantly, it even demands that you have computers, which really affects the doctor-patient relationship 'cause when i'm inputting data, you're no longer communicate o'clock directly. a few examples of ways it can really affect. >> and doctor, in the sell job -- before the affordable care act went through congress, we were told that if there is a system out there, the demand is going to explode because so many people are going to have health care for the first time and go to their doctors. but if you have demand u got to worry about the supply. you're the supply side. you're the doctor and there are a number of doctors who you know who have so many questions, they're not even sure they're going to participate and if there aren't doctors, why have the system to start with? >> i think that's true and an excellent point. all the focus has been on exchanges, signing up on the web site. creating a health care demand.

no physician i know has been approached directly about participating in the exchanges. it's not that doctors are saying no, i don't want to participate, it's tell me more about it. i have to have a i'm going to be reimbursed. nobody takes a job without knowing the salary. in order to make a logical and important decision like this that can involve so many potential patients, you need information and there has been none. >> i heard something from you that i never heard. that the government, or the insurance companies you work with or exchanges have not talked to you, have not talked to doctors and said, okay. are you with us or not with us? >> at best they say, are you with us or not with us, without giving you any details and we can't make a decision. >> what have you said so far? n they say that -- >> they sent letters saying, unless you opt out of all the insurance, not just the exchange, but all of the insurance, then we're going to imply that you're in. you have to actively opt out. most of us, anybody i spoke with

didn't even see that letter or get an e-mail. so everybody is really caught by surprise right now and the confusion around it, last night we had a meeting of the board of directors, the new york county medical society, we got a lot of sophisticated people on that board and it was very clear that no one really understood what was going on. >> at this point, you don't know if you're in? >> no, i don't. i'm not saying i am or not. i just need information. >> man, if someone in washington is watching, could you please call these guys and gals, 'cause they need to know. >> that's quite an eye opener. we thank you for joining us. >> i appreciate the opportunity. >> we've been talking about demand. now you know more about the supply side. up next on the rundown, our government is more than $17 trillion in debt, so why are prisoners getting a million dollars payout? that's going to have you scratching your head. plus, he played tv's most beloved mailman on cheers. john ratsen berger joins us to tell us about his new project made in america. good morning to you, john

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>> news by the numbers. 88%. that's how much the traffic to the obamacare web site is down since opening day, october 1st. next, $1 million. that's how much the feds paid prisoners in disability payments. why not? finally, 105. that's the age of the philadelphia man who just received his high school diploma. good job. >> that's right. well, he played tv's most beloved know it all mailman, cliff claven on "cheers".

>> notice anything different about me today? >> okay, i'll go out on a limb. new shoes? >> for a limited time only, thanks to u.s. postal service. >> they don't make shows like that anymore. now actor john ratzenberger is lending his talent to a new venture ha will spot light america's skilled labor force and the companies that they have built and we welcome him today. >> good morning, everybody. >> you got a great idea. there are so many great products built in the united states. you want to focus in on them on a tv show. but you need people's help to get the tv shows off the ground. >> right. we're going to crowd funding. fundanything.com forward/american made. >> you want the people watching to pay for a tv show.

>> yeah. >> the show will be american made as well? >> right. 'cause we can do the show the way we want. instead of focusing on the products and how they're made, i want to focus in on the people because they're my heros. we celebrate sports stars and actors as heros, but i want to celebrate the people who actually make the baseball, that make the bat. >> do you think it's a dying form? >> yeah, it is. the average age of people who know how to make things in this country is 58 years old. after they're retired, when you think of the machinists, the people that take care of our turbines that supply the electricity, the average age is 58 years old because we canceled shop courses 38 years ago. the dropout rate skyrocketed because of that. all they have to do is reinstitute shop courses. >> right. >> so what i want to do is celebrate america, american products. manufacturing is to america what spinach is to popeye. >> right, but they said, wait a second. because of the free trade and

whatever the intention was, almost all the manufacturing has moved to another country. american companies are building in other countries. what have you brought here, for example? >> the tumblers from florida, we all are familiar with those. this company out of minneapolis, they make covers for your ipads and ipad -- >> that's real wood. >> it's real wood. >> how cool. >> there was a hatchet that was shipped here that they can't find -- >> this is heavy enough. >> this here is -- this is a cookware i actually use. the cast iron stuff. because it distributes stuff beautifully when you're sauteing. >> what do you like to make? >> olive oil and garlic, i start with that. you throw a shingle in there, i'll eat it. >> you told me before, you were a carpenter before you were famous and you have built four houses yourself. your goal by 14 was to understand how to build a house?

>> see, i grew up in a factory town where everyone had a skill. everybody. it was natural. and now we call them renaissance men, but back then it was just a guy because he'd climb a ladder, he'd fix something, he'd go to his job. so when i was 14, i said i want to learn how to build a house and everything in it and i did. >> i remember back in the day when i was in high school, everybody would take a shop class. >> right. >> you took wood shop and learned how to build stuff. you took auto shop and learned how to fix your car. i joined ffa to learn how to weld and if -- i know how it arc weld and gas weld. >> it's important because we were a nation of independent, self-reliant people. we're going to get back to that. >> now kids can't really do anything. they play on the phone a lot. >> now we have a class that teaches you how to hire a contractor to build your house. >> right. >> how to text the repairman. >> right. how to get that plumber at your

house and somewhere within the three days in which you called him. >> i think this will be a resurgence of those classes that's a necessity. >> yeah. go to fundanything.com forward slash american made. but this company here, lodge, they've been making these since 1896. >> it would be a great episode to see on television. that's what you want to do. if you didn't go to the web -- catch the web site, go to our web site. anybody watching, if they always dreamed of being a tv producer, this is their chance to have a little piece of the pie. >> if you want jan ratzenberger to put a roof on your house, call him up. >> i'm free this afternoon. >> he'll do it. >> thank you. >> thank you. >> good luck to you. >> a breakthrough for the bald. why scientists say we're closer to a cure. >> a high school football coach playing defense after a 91-0 win. is this bullying or fair game? should the other team just have

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>> are you sure! >> did he win a million dollars? ten million dollars? >> your shot of the morning. one dad's hysterical reaction to finding out his son passed his math class. proof of that. >> are you sure? a high school student in the u.k. set up a hidden camera to capture the moment that he told his father the good news and his dad's reaction was beyond priceless. we want to know what you think of that. was it real or fake? let us know on facebook. >> i think it seemed a little over the line. >> yeah. >> i'm a human truth detector. i say that was 100% truth. plus i love the british people. i believe that was true.

>> let's move on -- >> what are your tin stinks? >> my instincts said it was true. >> at the end he said, are you sure? that made me think it was true. >> i don't know. having had three kids take many math tests, i think just -- that's great! but that -- i don't know. maybe i'm just being cynical. maybe i've seen too many fakes on-line. >> having had a child point to green land and say, is that south america, i understand the feeling when they finally got it down. you do have a feeling of elation when they finally understand it. >> but to that level of intensity. >> i've never gotten that excited. >> exactly. >> i got to tell you what's going on in texas. there is a football game. this is a story of a school, team that's just been a fantastic legacy of success. they won 91-0 against fort worth

who has struggled you would year. >> -- all year. too much, too big, i give you that. but in football, when you lead, you can pull your starters out and run the ball. you can leave the clock running. they did all those things and still won by 91 points. unless you have a mercy rule like softball or little league baseball, what are you supposed to do? >> usually there is sort of a self-imposed mercy rule when the kids are young. there is not one moving forward at all? >> i think high school, what do you do? isn't that a bigger insult that they just fall on the ball? >> what is the margin. what score is okay to beat another team by? let us know, too. we'd love to hear your input as parents and coaches and players yourselves. >> i believe i'm going to facebook after this to get your responses to this. >> okay. apparently the other team allowed at least 60 points in four of the seven games. here is the thing, so there you've got -- it's quite lop

sided. a parent from the losing team went on to the aledo high school web site and filed a bullying report. there's a thing on the left-hand side of the screen that said, if you want to report a bullying incident, do that. and reported it for that game. so the question is, is that -- the fact that the team beat the other team by 91-0, is that a b? is it over the line? we want to hear from you on facebook and twitter and any other way to get to us. >> i hate when teams run up the score, but also don't want the humiliation of falling on the ball every time they get it in football. it's like basketball. what do you do, shoot it over the -- >> but a decent coach should be able to manage it. football has many opportunities to manage the clock. >> can you text your husband and find out what he thinks? >> yes, i will. >> i'm texting you now. and if the system doesn't work, i will call you.

while i'm texting tim, we're going to ainsley. >> very witty. let me tell you the headlines this morning. one person is dead, two others wounded after a gunman opened fire inside a balancey -- bally's casino ton the strip. he wanted a refund and didn't get it and opened fire. one person was killed. the security guard and club manager were wounded. five crew members are alive this morning after their boat burst into flames in the same waters where the reality show "deadliest catch" is filmed. the men were fishing in alaska where the ship caught on fire. the crew fled on lifeboats and later rescued by another crab boat. no one was injured. and we are one step closer to a cure for baldness. scientists at columbia university discovered how to grow hair in a lab by cloning cells from humans and then

transplanting them into the skin. a cheerleader from atlanta flipping her way to a world record. then she got sick. wow. good for her. high school junior michaela clark completing 44 consecutive back hand springs. the old record, 36 in a row. >> you know who had that record? flip wilson. >> flip wilson. wonm, womp. >> those are your headlines. you're a little better at -- >> no, not at all. i can tell you that maria is outside. >> there she is right out there. good morning to you. >> good morning. hello, everyone. today we're talking about the cooler air that's on the way to parts of the south and also across northeast. let's show you where that cold air is right now. we have it in place across sections of the midwest, great

lakes. what we have in place are actually frost advisories and freeze warnings. we did see for the first time in chicago temperatures below freezing since the month of april of earlier this year. again, a very long time that we've been dealing with the cold air across sections of the midwest. it's all thanks to a strong cold front headed eastbound and we continue to see clipper systems zipping down from parts of canada, sections of the midwest and northeast. that's what's going to continue to usher in those chilly temperatures. look at the high force today. in memphis, in the 60s and new york city. by tomorrow, it does start to get cooler out there. we're talking temperatures only in the 50s across new york city and in memphis, you might not make it out of the 50s either. let's head over to everyone. >> all right. thank you very much. >> thanks. we are just hours away from apple's launch event where we are expecting to hear big news. >> let's go to "fox & friends" weekend co-host clayton morris

live from san francisco and the event. clayton, they never come out ahead of time and say okay, we're going to unveil this and this and this. what are you hearing could be some new apple products? >> well, earlier this year tim cook kind of gave us a bit of a warning of the he warned wall street and said, look, guys, the fall, we'll have a slew of new products coming out in the fall. so hold your hats. we now know that today is going to be a jam-packed event where tim cook will take the stage in a few hours. what i'm hearing from my source is whether or not we were going to see a new retina ipad mini. this is the only ios device that doesn't have the clear retina display. i think they're behind now when it comes to the likes of the nexus 7 tablets out there and some of the other retina screens. according to my sources, we are going to see a retina ipad mini. they've been testing it for a number of months internally. but the biggest issue i'm hearing is battery life. they didn't want to drop below ten hours of battery life to power a retina screen.

but apparently they've nailed it and so we're likely to see a brand-new ipad mini today, as well as an ipad 5 and a whole slew of other products. get your wallets ready, guys. >> no kidding. >> speaking of pricing, is that going to change everything? >> well, it could -- it will be interesting to see whether or not they drop the price on the ipad. typically apple likes to do a price drop at each event. when you buy an apple product, you know you're paying for a premium product and they haven't been swayed by the market. amazon comes out with these cheap tablets and you wonder if apple is going to respond. you'll see other computers, new operating system. it's going to be a busy, busy nerd day. we're covering it live. >> the fingerprinting scan thing, everyone is wondering if that will pop up on the ipad? >> there is a chip across the line. that's what you need to run the fingerprint scanner. so if there is an a-7 chip inside, there might be the fingerprint scanner.

you have to look at all the tea leaves and that's what we're doing out here. >> clayclayton morris. i have the new phone, it has the thumb print. i would say it works half the time. >> it does. 'cause i just used -- no, i'm just kidding. >> sometimes it doesn't recognize your finger? >> yeah. then you have to tap in a code. i'm sure they're working on it. straight ahead, 19 minutes before the top of the hour. caught on camera, a thief snatches a woman's purse right from her car, but he probably didn't count on this. her eight-year-old son gives chase. meet the brave boy and his mom, coming up next. >> and bad man's green haired nemesis busted. what landed this joker behind bars. ♪ [ male announcer ] this is brad.

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♪ >> sing it, wayne. quick headlines. wayne newton's yacht sitting troubled waters. he wasn't on board when the 65-foot yacht went down at a marina in arizona. the bow of the rendezvous, the only part still above water. officials believe equipment failure is to blame. do you think? no joke. a man dressed up as the villain, the joker, arrested in central maine. police say he was driving drunk after leaving a halloween party and ran into several trees. okay. elisabeth, over to you. >> thanks. a thief gets quite a surprise. this is surveillance video of a purse snatcher at a houston gas station. he reaches into the car to grab

nancy's bag and is met by her eight-year-old son, jose, who manages to save his mother's wallet, then he jumps out of the car to chase him down. look at this. there he is right now. he is joining us now along with his mom, nancy. jose and nancy, good morning. thanks for being here with us this morning. what a story of heroism. nancy, you had to be so scared when you came out of that gas station. >> i was terrified actually 'cause i saw him coming to the door and originally i thought that the car was stolen until he kind of explained what had happened. so yeah. very scary moments. >> jose, you were sitting in the car with your little sister and you see this man coming and try to take your mom's purse and wallet. what went through your mind? >> what went through my mind because my sister's party was coming up and there was -- her party wasn't expensive at all.

it was really hard that he came in. >> were you so scared? >> no, i wasn't that scared. >> so what made you get out of the car? he gets the wallet and purse. you wanted to save your sister's birthday party. you knew there was money in that wallet. so you got out of the car. >> yes. uh-huh. >> and what happened? >> i got out of the car and his girlfriend was already in there and she took off, but i jumped out of the car and ran as fast as i can and opened the door and he took off with the door open. >> and what did you -- you got that wallet back, right? you got your mom's bag back? >> yes. >> success. nancy, when you think back to before the man came in the car, what's your message to moms about safety and kids?

>> well, when you're in the morning rush, you don't sometimes think of all the security issues. so it's so important that even if you're gone for a split second to pay for gas, that you lock your doors and make sure that you keep your kids safe at all times. i never thought that something like this would happen. it's a learning opportunity for me. >> sure. >> i'm really proud of my son, but i want -- if this ever happens again for him, to just give them whatever they want. it was very frightening for our family. >> sure. of course. and i know, jose, it was so important for you to get that wallet. can you tell everyone one more time why? >> my sister's party was coming up and i wanted her to have a good party and have a successful day. >> you know what, you are definitely her hero, buddy.

that man, you got the wallet, but that man is out there somewhere and do you have a message for that bad guy? >> yes. >> what would you tell him? >> to never do that again and never steal anybody's money again because they worked hard for that money and they're spending it on their children to buy food and water. >> you know what, nancy, i see you smiling. you have quite an exceptional son. jose, you are remarkable and a hero and i know your sister feels that way. so we'll say happy birthday to her and we are just so impressed with you. what a young man you are. have a great day. >> thank you. >> see you later, buddy. wow. still ahead, we are 30 minutes away from releasing the september jobs report. speaking of jobs, if you're looking for one, cheryl casone

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a fox news alert. brand-new jobs numbers are out in 30 minutes. after 2 1/2 week delay, because the government shutdown, we'll bring them to're looking for a b while we wait for those numbers, let's go to cheryl casone. she's with the "fox business" network. she researches all week in order to bring us the latest jobs. >> i do. working hard to find people jobs because so many are still unemployed and i have a feeling we'll get a rough jobs report this morning. so we've been waiting for bad news. but there is a lot of jobs being created in the travel industry, believe it or not.

we're seeing a pick up in travel, whether international or locally. home away is a company, it's one of those web sites, homeaway.com where you can rents an apartment or a home somewhere else or you can list your home or apartment. you can switch apartments, you can switch homes. i used the service for an apartment in paris one year. they need 100 people for people to do marketing, sales. colorado, seattle, florida and austin. >> pizza hut. >> pizza hut is really good about reaching out on social media to try and recruit people. their career facebook page, 188,000 visitors, if you will. they are looking to hire in arizona, atlanta, chicago, dallas, l.a., minneapolis and raleigh. hundreds of jobs. general managers can make $50,000 a year. i think something like pizza hut is great for kids, great for high school kids. all of us -- i served food in high school. there is nothing wrong with serving food, serving pizzas --

>> here is the other thing. you want to eventually own your own restaurant and you can go through their job training program and learn the business. >> owning your own pizza shop. i think entrepreneurship is a great lesson in life. also financial advisors. i'm finding jobs for that. edward jones is one of these. a couple things i like about edward jones, they'll be hiring, looking for 3,000 people in 2014. you could be a teacher and be a financial advisor. you could be an engineer and make a career. they have good training programs and a big military initiative. >> insurance, esurance. they sell insurance on-line and over the phone. >> i had the ce on on my show a couple months ago. allstate just bought them. they're expanding and rock. doing really well. they'll be hiring 700 people for a brand-new utah office. this is a opportunity for primarily in utah. claims specialists, sales, i.t. positions. some can pay up to $100,000.

>> all right. and then finally, interim health care. >> you've seen this theme before. by 2050, 27 million people in this country are going to want to be at home. they want to live at home. they want to age at home and die at home. they don't want to go to a nursing home. this is what interim nursing home will do. they have 1650 jobs right now. they need nurses, different types of homecare, occupational, vocational, nurse assistant. they also offer benefits. you get all the medical and dental. >> go to our web site and we'll have them all listed. >> casoneexchange.com. >> disturbing new details about the jets fan who slugged a woman in the face as she rushed him. it turns out he's killed before. and governor chris christie bowing out against the fight against gay marriage. his reversal next hour. ♪ i need a new investment pn.

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good morning. today is tuesday, october 22. i'm elisabeth hasselbeck. the president is showing frustration with the obamacare web site and finally, so is the main stream media. >> are you telling me five days before that somebody let the president go out to the american public to give this speech and say this and make this promise, in fact, the next line is, i promise you, this is a lot easier? >> well, will the administration hold anyone accountable? we're going to find out. >> he survived two tours in afghanistan, only to lose his life while teaching. how an american hero saved his students' lives. >> arnold schwarzenegger like you've never seen him before. kinda. >> put the cookie down! now! >> recording all his classic lines. that was from "kindergarten cop," i believe. >> from all of them. >> stop it!

>> "fox & friends" starts now. ♪ tequila makes her clothes fall off ♪ >> joe nichols. he'll be performing live later in the show. >> he was here, sounded great earlier. left his stuff behind. so i know he's got to come back. >> he doesn't want to lose the security deposit. he'll be doing his hit song "sunny and 75" this hour of "fox & friends." live from studio e in the heart of midtown manhattan. >> what we're going to do this hour in a little while, first off, if you have any questions for joe nichols, i'm going to go on facebook. also we'll get your feedback on that football story, that high school football story where one team beat another 91-0, and one of the moms says i've had it. i am filing this under bullying charges, running up the score.

i asked you to ask your former nfl quarterback husband how he feels about that. >> you can sound off on this. he said, bottom line, that score is not okay. but if the winning team pulled starters, what are they supposed to do? if the back ups were in, what's the coach to do? really the school should never schedule each other. he said the problem is a scheduling issue. >> that story is coming up. is that the kind of mushy talk he sends you during the show? >> i didn't see an xox at the end of that. >> that's the same thing -- >> brian, let's check our devices, see if our wives texted us. >> nothing. >> while you guys are checking that, we have updates. president obama is making a sales pitch to fix problems with the health care web site. is the delay an individual mandate sign up next? wendell goler is up next and what this means for the american people of the what can we

expect? >> some columnists are saying yesterday's speech could have been given by a marketing product, essentially saying the product is good, but the delivery system needs work. the president said people are already enjoying some of the essentials of the affordable care act, benefits like preventive care and prescription drug discounts. and he promised the on-line sign-up process will eventually work. >> the product, the health insurance, is good. the prices are good. it is a good deal. people don't just want it. they're showing up to buy it. nobody is madder than me about the fact that the web site isn't working as well as it should, which means it's going to get fixed. >> mr. obama was backed by a few people who have successfully navigated the on-line sign-up. his aides admit the computer freezes and other problems weren't just caused by a larger number of enrollees than they expected. they say the large number of potential enrollees exposed

other problems with the web's design. but republicans say the failure of the enrollment site makes them leery of how obamacare will work in other areas, like physician payments and patient tax subsidies. >> the people who designed this web site shouldn't be in charge of our health care. the government is going to botch this. they've had four years to get ready. it's clear to me that this isn't going to work. it's not fixable. >> some computer experts are amazed that the 200 or $300 million cost of designing the on-line system. one expert said $200 an hour, that would pay the salaries of 500 people for more than ten >> thank you so much, wendell. years. we appreciate that update. elisabeth? >> i thought it was going to be a hey, listen. i'm in charge, ultimately it's my responsibility. >> i'm sorry. >> don't let it detract from the program. instead, he got a little bit into that language of, hey, for those people rooting against health care, stop it. it's here. it's happening. and just get on board.

essentially that's really not going to rally people behind. you see chuck todd get that emotional because it's frustrating to know that this thing launched october 1 and this is our above and they had no idea that it wasn't ready or did they have an idea but no one can stop the train? >> if there is a 1-800 name, think there should be a money back guarantee offered to the consumers out there at least. >> right. and wendell was talking a little bit about how the president was surround by some people who effectively signed up. i think there were about a dozen people. only three of them were actually signed up because the web site is so hard to work, there is an item in the new york daily news that says, here in new york state, new york state, you know how many people signed up? that many people. >> yeah. 19 million people tried. 500,000 people signed up, but no one -- excuse me. i don't know how many's got approved. >> we don't know because it's either because they don't have

the data and that would be embarrassing, or they got the data and that's embarrassing. this has been a gigantic embarrassment for the white house. chuck todd -- this is good news. the mainstream media, apparently waking up because it looks as if we were sold a bill of goods over this and jay carney got it from chuck. if you missed it, here is a little of the grilling. >> five days before the launch, the president said it's a web site where you can compare and purchase affordable health care plan the same way you shop for plane tickets on kayak. who misled the president on this? are you telling me five days before that somebody let the president go out to the american public to give this speech and say this and make this promise, in fact, the next line is, i promise you, this is a lot easier, it's like booking a hotel or plane ticket. who let him down? >> the president is frustrated. he made that clear in his remarks today. >> then fire somebody! >> i think firing somebody is

like easy. you got us here, fix it. >> firing, somebody, brian, is leadership. as mitch mcconnell said, we've waited three or four years for this thing. there are americans who have been dreaming of the day they could get this stuff and now they're that close. but they're not that close. they're a mile away. the web site doesn't work and the phone doesn't work. >> the information is being carelessly handled. so it leads you to believe will the actual health care information and process be mishandled and be carelessly dealt with? we talked to marco rubio earlier, senator from florida down there today and we asked him, okay. whose head should roll? cathline sebelius just agreed to testify. we asked him what he thought about this. should she be fired? >> once she gives that testimony, we'll know a lot more about what role she played in making these decisions. i would certainly say her resignation could potentially be an option here, particularly as we learn more about who was it that was making these horrible

decisions that led to this horrible outcome. somebody should be held accountable and eventually that might be the secretary. but in the interim, the reality is millions of americans next year will be pursued and punished by the irs if they don't buy health insurance. but the way they're supposed to buy it isn't working. >> a healthy person doesn't want to spend extra money or doesn't have extra money to buy it. you're going to be chasing down this and staying on the phone for hours. by the way, a woman passed out behind him. president obama turned around. she is pregnant, diabetic, and wasn't drinking water. flew all the way from san diego. a quick save from her. she tweeted out later that she's okay. >> thank goodness. >> that's good. i think that's her in the red dress. by the way, the "washington post" has a brand-new poll out, a majority of americans, 56%, believe that the web site's flaws reflect larger problems with the affordable care act. if you can't get the easy part, the web site right, how are you going to get the actual insurance right? majority of americans are

wondering that on this tuesday morning. >> let's see if ainsley is ready to deliver the news. >> i am ready. here it goes. a middle school in nevada enclosessed for the rest of this week after a shooting there left two boys wounded and their beloved teacher dead. that teacher, retired u.s. marine who served two tours in afghanistan lost his life trying to save his students. michael lansbury used his body as a human shield while he was trying to convince the boy with the gun to put it down. >> he pointed to us and then he said, you ranked my life and i'm going to ruin yours. >> i thought that was going to be my worst day. >> right now police are not releasing a motive for that shooting. lansbury leaves behind a wife and two stepdaughters. two delta airline flights make emergency landings. the first one because of a small electrical fire. the flight was on its way to atlanta, but had to turn back and land in syracuse. the second made an emergency landing in washington after an

alarm went off in the cockpit indicating a fire. it turns out there wasn't a fire. no one was hurt in either of those incidents. disturbing new details about the jets fan who slugged a woman right in the face. 38-year-old man is a convicted killer. he spent three years behind bars for knifing a teen-ager during a fight at a pizza parlor. he was 17 years old at the time. sources say he was allowed to plea to a lesser charge because his father was a police officer. she's not working 9 to 5 today. instead, dolly parton is recovering after a fender bender in nashville. the 67-year-old music star was injured when the suv that she was in was hit by another car. she tweeted her fans after that crash saying, i was in a fender bender, but i am all good. just a little tired and sore. resting at home now. we're glad she's okay. and those are your headlines. back to you guys. >> thank you very much. if you're just joining us, about

ten minutes ago, elisabeth heard from her husband, tim hasselbeck, regarding the blowout down in texas. brian and i should check our devices to wait for our wives' comments. did you hear from your wife? >> no. >> mrs. doocy wrote, football is huge in texas. maybe there should be a mercy rule. unlike your husband, my wife signed it with -- >> a kiss and hug. >> she had a chance to come in second. by the way, that team won two games by about 50 and 60 points. i'm going to go on facebook. that's what the kids call it. >> in the meantime, coming up, the president initially blamed web site problems on heavy pple products. compared so what do you think steve jobs would say about that? coming up next. >> and governor chris christie bowing out of the fight against gay marriage. details on his big reversal

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there is no sugar coating it. the web site has been too slow. people have been getting stuck during the application process. and i think it's fair to say that nobody is more frustrated by that than i am. >> he did not, though, say he was sorry. but the president finally admitting the launch of his web site has been nothing short of a technologycal disaster. but you wouldn't know it from these white house ads. >> i couldn't wait for the health insurance marketplace to open. i knew my husband and i were going to save money. we've been spending a fortune on health insurance each month.

the site was very easy to use. and the customer service representatives were patient and helpful. >> what planet is she living on? is healthcare.gov another government product fail. >> "saturday night live" could not do that better. they've taken their episode away from this week. this may be one in a line of great american product failures. healthcare.gov is probably now in line with the he saidle. remember the edsle, some of you don't. the beta max. it was supposed to kill vhs. >> it was better quality machine. >> then there was the new coke. they spent millions and millions of dollars on that. can't find that new coke. then my favorite, touch of yogurt shampoo. will healthcare.gov go the way of touch of yogurt shampoo? n this morning about 4 a.m tastes really good.

>> so many people are look in and say we saw the warning signs ahead of time. they probably should have delayed it. >> well, what was going on is the republicans are saying, listen. can we delay this for a year? can we delay the individual mandate? but at the same time, the federal government weren't testing it or if they were, they didn't tell anybody about it. and they delayed and delayed. but now here we are and it doesn't work. the problem with the president's remarks yesterday, seriously, was that he didn't say what the problem was. he didn't say how long it was going to take to fix it. and most importantly, are people going to be penalized because the federal government has failed in doing what it was supposed to be doing? so are they going to be responsible for paying 1% of their income? 1% of their income as a tax, penalty of fine, whatever they want to call it this week because the federal government couldn't get the site up in time and poorly. >> the president yesterday -- we have been told he was going to

say i'm sorry. instead he said i'm frustrated and mad. they turned it into a infomercial. if the site doesn't work, call the phone number. it crashed. yesterday he continued to campaign. he said look, the site might not work, but the insurance is good. we've got somebody who is great at campaigning, but in the execution, this has been -- >> wonderful campaigning. this is the beginning of obamacare. the issue is does obamacare work better than the web site works? fine, we can send in our monthly installments over the next four months and maybe they can waive shipping and handling. but if you can't actually order the product, then americans will be hurt in a lot of different ways by it. unfortunately, as it stands, it may go down as one of the great american product failures. i hope not. but it's a bad sign for the government and a bad sign for obamacare. >> absolutely. all right. thank you very much. >> good to see you.

>> my hair look good? >> really working for you. 19 minutes after the top of the hour. fox business alert moments away, we're expecting brand-new jobs report. what do the numbers mean for you? instant analysis straight ahead. plus, he's the orphan who pleaded for a family in front of his church. next, the real life mother who inspired the "the "the blind side" with the message that this sends to awful us -- all of us mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection

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now some headlines. he was paid to run the campaign of democratic congressman joe garcia out of florida. now he's going to the slammer. jeffrey garcia will serve 90 days in jail after admitting to illegally requesting absentee ballots while running the 2012 campaign of the the two garcias are not related. and another teen busted for house party at the home of former nfl player brian hollowway. we told you this story. an 18-year-old is charged with burglary for breaking into the house with hundreds of kids. many got drunk, many apparently trashed the place. that's your update. liz, brian, over to you. >> thanks. the story that's touching parents and families all across the country today. heartfelt plea from a 15-year-old florida orphan who found the courage to face his church in a borrowed suit and ask for a permanent family to come his way. >> damien only has been a foster

care his entire life when he sent out the plea for a loving home more than 10,000 parents responded and case workers say there is no doubt he will find one. his story isn't all that unique. just ask leanne tewey. your the first name i thought of, where have i seen this before? and this has been your mission. is this something that you think more kids should do? >> oh, absolutely. i'm passionate about this. there are kids in every city in the united states of america just like davian that they want a forever family and they age out of foster care. they called emancipate. i hate that word. and they never get this family. this young man had the tenacity and courage to step up and say, help. i need help. and that's what we have to do. you have to want to receive help. but as a nation, i'm very proud that we have stepped up. my thought is here, he's had

over 1,000, 1500 families that we've had requests that would like him to be a member of their family. let's take the 1499 and put another child with them. let's start a revolution. let's make our goal for 100,000 kids in the month of november, which is national adoption month, let's put 100,000 kids with forever families. that's something that we could talk about and be loud and proud about. >> sure. that's certainly great cause and a practical application to the numbers of responses that came in to davian. he told his case worker, god helps those who helps themselves. he said god hasn't given up on me and certainly not with that response. we spoke earlier one time about how this misconception about adoption as kids get older. what do you say to parents who might -- or couples who might think about adopting, but have hesitation when it comes to a teen? >> let me tell you something, we took michael orr into our home, people say you took this

african-american kid into your home the same age as your daughter. we take a risk every day. these older kids are so worth the risk. it was the greatest thing we ever did. we learned about being a true family. we learned that families don't have to match the we learned that you could love someone that doesn't look like you and we beened from having michael in our home much more than he benefited from having us. we just really allowed michael to become a young man that he was supposed to become. and let me tell you, i tell people all the time, we were not really aware of what the outside world would think about what we did. you just bow up and you have to get ready for what you're going to face. but it's worth it. it's five steps up, six steps back. but it's the greatest process, the most wonderful journey that we've ever been on of the it's life changing. >> real quick, people hear this story. they listen to you. they watch the movie. if people are saying, you know what, i'm going to jump in and be one of those 14,999 families

for november, national adoption month, what should they do? >> if you want to do that, there is local agencies in every city that can help you. go to the national adoption coalition in washington, d.c they have a wonderful program. you can plug yourself in. when we want to find out something, we find it out. so if you want to do it, pull yourself up, make some phone calls. go to my web site. i can help you figure if out. there is a lot of ways. but let me tell you, it will be the greatest thing you've ever done. it will change your life for the better. these kids love you unconditionally. i tell people all the time, my two biological kids will come, put me in a nice nursing home. god bless michael orr, he'll come change my bed pan every day. the love is amazing. it's wonderful. do it. go to the bridge, jump. >> that's good motivation. we thank you for that all the way from memphis today. great message. >> thanks for having me. >> no wonder sandra bullock played her. she's perfect. >> there is a big blowout that we've been talking about, high school football team. they win 91-0 and now the

winning coach, he's accused of bullying. is that fair? we are reading your facebook responses next. and he's back. >> put the cookie down! now! >> arnold schwarzenegger like you've never seen him before, having fun. >> he was talking to you. >> put that cookie down! now! >> who's your daddy? what does he do? crush your enemies. see them driven before you andt? hear the element aches of their women! mynt with axiron, the only underarm low t treatment. mynt with axiron, axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair

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welcome back. we have a fox business alert. monthly jobs number just out. the september unemployment rate, 7.2%. that's down from 7.3% the month before. 148,000 jobs were added in september. 180,000 were expected. "fox business" network's nicole petallides will be live in a few minutes with a look at what this means for americans looking for work. >> it sounds like more people probably dropped out. and probably the furlough did impact things as well. meanwhile, we'll get to her in a little while. right now we turn to ainsley earhart who is joining us with headline duty. >> hey, guys. thank you so much. let me tell you what happened overnight. fire crew members are alive this morning after their boat burst into flames in the same waters where the reality show "deadliest catch" was filmed. the men were fishing in alaska when the ship caught on fire. they were rescued by another

crab boat. no one was injured. a federal agency is refusing to release seaworld's new safety protocols for trainer interactions with killer whales. a judge ruled the protocols are not trade secret, but osha in orlando disagrees, saying it doesn't want to be held criminally liable for releasing them. the ruling comes after a trainer was killed by a killer whale in 2010. governor chris christie bowing out of the fight against gay marriage in new jersey. the catholic has always been outspoken about his beliefs that marriage should be between a man and woman. but that might not help him get reelected two weeks from now in a heavily democratic state. he formally withdrew his legal appeal to block same sex weddings. arnold schwarzenegger is giving fans what they want. he delivered some of his most famous one-liners on youtube. >> put that cookie down now! who is your daddy?

and what does he do? crush your enemies. see them driven before you and hear the lamentation of their women. get to the chopper! >> he asked fans for their favorites quotes to promote his new movie "escape plan." requests were pouring in, hitting several of his most famous movies. those are your headlines. >> it is not a twomer. >> this is reminiscent of when he was here and promoting a book that he had written and at one point, brian, who one day hopes to be an action hero -- >> keep your fingers crossed. >> brian asked if arnold would give him a lesson in how to talk like him, sound like a super hero. this is what we remember. >> who is your daddy? and what does he do? >> very good. >> he loved it. you see that?

if we didn't have to go right to the next segment, he probable will he would have made me an offer. >> have you gotten better since then? >> not really. >> to the chopper! >> i would like to be an action hero. if someone has a script they would like to feature around me. >> really? >> stop it! >> he sounds like he meant it that time. she's our super hero. >> i'm going to go to facebook. >> wait, i thought you were going to do it again. >> no, i can't do that, maria. >> she's not wearing a cape, but she's wearing a coat 'cause it's a little chilly here in new york city and a little breezy. >> yes. a little breezy. it will be getting a lot chillier. you might need the gloves and scarves especially as we head into tomorrow and the next several days because temperatures are going to be dropping over the next couple of days. high temperatures are just going to be in the 50s in new york city. but today will be another mild one. talking temperatures into the 60s and also a lot of sunshine. the reason why we are going to be seeing cooler temperatures is because we have a cold front

headed eastbound and behind that system, we have other little storm systems coming down from canada. clipper storms. they'll produce a little rain-snow mix across parts of the great lakes. otherwise, temperatures mild today across northeast, it gets cooler tomorrow. not just in the northeast, but even down south into parts of alabama, mississippi, and across georgia. the high temperature tomorrow, in the city of memphis may not even make it out of the 50s. and as we head back inside, temperatures in the morning out there are actually going to be in the 30s in mornings coming up later in the week. very cool for people in the southeast. >> thank you very much. elisabeth, tell us about this story that has got the whole country talking. >> it does. so the game went like this. it was a 91-0 blowout. so what is happening here is that the town in texas, they're accusing the winning team of bullying. because the team ran up the score, the coach is under intense scrutiny right now. it was aledo high school, 91 and

western hills with zero. we asked you what you thought about this on facebook and e-mail and brian i believe -- >> elisabeth, your husband thinks they're in the wrong league. this team is right. the other coach does not have a problem with this. they're losing at half time. one wrote, as coach, i never want to lose 91-0. that's what joe said. does it happen? yes. there are always good and bad teams. yep. if you do not want to be part of the situation, then maybe it's time to take little johnny out of sports and allow him to blossom in some other area. jennifer writes this: first, there should not be a mercy rule. learning how to lose is an important life lesson. not everyone gets a trophy in life. and renee says this: i think this is the most important message, that is not what she looks like. but that's probably her pet. my son is bullied. these kids lose, just lost a game. by calling this bullying, they are softening the definition of the word and making light of what's happening. now listen, elisabeth and i read

more about the story, while steve was talking to peter johnson, jr. one aspect is the other coach just took over a program that's broken. this team has recruits going to ohio state. the other team doesn't have anyone playing in college. one says, i was scared out there. so this is just two teams that just should not be on the same field. >> and you know what? we need to point out, it wasn't the other team that accused them of bullying. it was the mother -- i should say a parent of one of the losing team players who suggested this. >> the coach was fine. the actual coach of the losing team was fine with it. >> i know. >> he actually called the winning coach and said, we're okay here. we're just going to build and grow as a team, which sounds like fair play. >> keep it coming. facebook or twitter us. brian, good job there in the green room. >> glad you were happy. >> it's a green room. not actually green. 21 minutes before the top of the hour.

coming up, a low note for cee-lo green. he's in trouble with the law, accused of drugging a woman. >> and then, the september jobs report just released. nicole petallides is with us. what do these numbers mean? >> we're going to be looking at these numbers. first of all, finally we got the numbers from feels like a long time ago. we'll be looking at those and tell you what they mean. this is ahead of the government shutdown. and also, my favorite line from arnold schwarzenegger's movies, when the cop lady says, it's not a fever. it's all coming up. 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?

of providing a free world-class education for anyone, anywhere. if you look at a khan academy video, they cover everything from basic arithmetic to calculus, trigonometry, finance. you can really just get what you need at your own pace. and so, bank of america came and reached out to us and said, "we are really interested in making sure that everyone really understands personal finance." we're like, "well, we're already doing that." and so it was kind of a perfect match.

here is three things you need to know. one of the world's most notorious terrorists expected back in new york city in a courtroom today. al-libi will be assign add public defender ahead of his trial fort 1998 u.s. embassy attacks in africa. cee-lo green hitting a low note. "the voice" coach accused of slipping ecstasy to a woman of the kelly clarkson, married. she married her long-time boyfriend in tennessee chevrolet broke the news on twitter. he knew ahead of time. thanks, brian. we are here now with a fox business alert. this september, jobs report now in after 2 1/2 week delay due to the government shutdown. >> the department of labor reporting that 148,000 jobs were added in september, but it -- which is a number smaller than they were expecting. but it did bring the unemployment rate down to 7.2%.

>> how does that work? joining us from the stock exchange, a woman that likes to walk and talk, nicole petallides. hey, nicole. >> hey. i also get my starbucks. i'm so confused. is this the day that i'm supposed to be getting the jobs report? due to the government shutdown, we got to today. these are the september numbers that were originally due out on 4. 148,000 jobs added versus estimates of 180. when you talk about the labor participation rate, that's something we always look at to see how many people are in the work force. that held steady at 63.2%. still at the lowest levels since august of 1978. i think i was in diapers then. but what we did see, you did see some jobs added and retailers, wholesalers, also transportation and some state and local government. we saw hiring there. >> and so that probably shows -- that was in advance of the 16-day government shutdown. you just mentioned retailers. last week we were talking about how macy's is going to open up

on thanksgiving night, which means that those employees are not going to be able to spend the whole day with their families. now kohl's, the department store, the creator of kohl's cash, they'll be open, too. >> oh, yeah. you're going to eat your turkey. i don't know if you have to undo your top button at home, but you can still run to the stores. we'll add kohl's to the list, a long list of retailers that will be open. macy's, which owns bloomingdale's. that will be open. and also we're going to be watching these names that will be hiring. j.c. penney, they will northbound that list. who will hire for the holidays, temporary workers? wal-mart, 5 5,000 and target and k-mart. today we're looking at a higher open. we're going to be watching netflix with more subscribers than hbo. apple with the new ipad. google will see another high. on the down side, coach and radio shack.

>> interesting. >> there you go. >> thank you. >> very unique to see her on tuesday. >> surprising update today. you probably sung along to some of his number one hits. ♪ tequila makes her clothes fall off ♪ >> country music star joe nichols performs his brand-new single live next. there is no tequila here, right? >> no. sunny and 75 today. >> is it true, does it make your clothes fall off? bill hemmer joins us with that and what's on top of your mind and getting ready for your show. >> only if it's patron. as easy as book ago hotel room, right? maybe not. the issues facing obamacare. how is the economy where you live? the jobs number are out. we'll tell you full reaction. the teacher called a hero is a u.s. marine and a classroom

filled with students. if you win a football game 91-0, are you considered a bully? one parent believes that's the case. we'll see new 12 minutes, top of the hour here a. chose prego homestyle alfredo over ragu classic alfredo. prego alfredo?! [ thinking ] why can't all new things be this great? ha ha! whoa! [ monkey squeals ] [ sighs ] [ male announcer ] choose taste. choose prego. with an ultra-thin coating and fast absorbing advil ion core™ technology,

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♪ >> he's one of the most traditional voices in all of country music and with hits like "give me that girl," yes, it's meant to be misspelled. our next guest made his mark in the music industry. >> joe nichols is out with his latest single. "sunny and 75". welcome. >> thank you very much for having me.

>> you like traveling with these guys? >> not these guys. >> we were asking earlier for our viewers some of the questions. i'm going to go with the second one. maureen tweets, what does your new tattoo say? >> oh, my new tattoos are psalm 91. >> how does she know it's new? >> isiah 11 : 11. >> it's very pink. >> and very sore. >> why each one of those? >> couple bible verses that mean a lot to me. that help me out spiritually. this is about seeking refuge in god and sometimes i feel like things are busy in my mind and if i just turn to him and rely on him, then it makes me feel at peace. >> body builders kiss their guns for one reason. you kiss them for a different reason. >> exactly right. it's a constant reminder that there is a way. there's a way out. >> wow. so you may have -- one asked what your inspiration was.

certainly we're hearing some of that now. >> it's the faults in me drive me to want to seek god more. >> faults make for good music. am i right? >> it makes for good stories. i've got plenty to share and i've only begun to write some of my story. >> fantastic. now you're going to do, "sunny and 75". >> here they are, joe nichols and the guys! ♪ a yellow two piece, black ray bans ♪ ♪ your bare feet covered in sand ♪ ♪ white jet trails across the

blue sky ♪ ♪ your pony tail showing off the sunshine ♪ ♪ like a postcard out of nowhere ♪ ♪ you get to me, you give me that smile and i'm ♪ ♪ i'm somewhere, somewhere sunny and 75 ♪ ♪ you and me on a beach chair ♪ yeah i'm so there every time i look in your eyes ♪ ♪ kissing you and the salt air ♪ i can taste it, i swear ♪ take me somewhere sunny and 75 ♪ ♪ it doesn't take much for you to move me ♪ ♪ just the way you're leaning in to me ♪ ♪ it's a holiday when we're together ♪ ♪ i wanna stay with you

forever ♪ ♪ somewhere, somewhere sunny and 75 ♪ ♪ you and me on a beach chair ♪ yeah i'm so there every time i look in your eyes ♪ ♪ kissing you and the salt air ♪ i can taste it, i swear ♪ take me somewhere sunny and 75 ♪ ♪ you're like the fast line westbound ♪ ♪ you feel like the window's rolled down ♪ ♪ i can't wait until we get there, somewhere ♪ ♪ somewhere sunny and 75 ♪ you and me on a beach chair ♪ yeah i'm so there every time i look in your eyes ♪ ♪ kissing you and the salt air ♪ i can taste it, i swear

♪ take me somewhere sunny and 75 ♪ ♪ sunny and 75 >> thank you. ♪ somewhere sunny and 75 ♪ you and me on a beach chair ♪ yeah i'm so there every time i look in your eyes ♪ ♪ kissing you in the salt air ♪ staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain and improve daily physical function so moving is easier.

because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and ask your doctor about celebrex. for a body in motion.

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♪ my wish for you ♪ >> he normally talks in our ear. "fox & friends" family has a new addition this morning. meet kenzy, born bright and early, 4:37 a.m. this morning weighing in at 7 pounds, one ounce. jen is her mom, pictured left, and dennis, her husband. and kenzy has a big brother and his name is jack. congratulations. >> by the way, 4:30 in the morning is 12 noon for the rest of america. >> congratulations. >> i feel like we just saw her. >> we did. >> joe, you're always going to be part of the birth of this baby. >> here i am. thank you very much. glad to be here. >> he'll be singing in the after the show show. tomorrow, dr. charles krauthammer. we'll see you then. bill: newsily done much. con sprattlations jenn, you look

terrific. fox news alert. obamacare rollout site, exactly three weeks since the launch. how is it going today for you, america? good morning, everybody, i'm bill hemmer. welcome to "america's newsroom." >> i'm heather childers in for martha maccallum. i'm doing great. the obama administration on the other hand, saying that he is still happy with his legislation, signature legislation but the rollout, a different story. >> the problem has been that the website that is supposed to make it easy to apply for and purchase the insurance is not working the way it should for everybody. and er