twitter @ jeronfnc. i'm paul gigot, hope to see you right here next week. fox news alert, the doctor jailed after helping the cia track down osama bin laden may soon be free. fox news getting exclusive details that pakistan's premiere is pledging to reconsider the case of this man, dr. afridi. hello, everyone, so glad you can join us. this is big news, the doctor jailed shortly after bin laden was killed by navy s.e.a.l.s in pakistan in may of 2011. he is still there even after his 33-year sentence on trumped up conspiracy charges was overturned.

dominic joins us from our west coast newsroom with more. >> a private gathering in washington this week that he had the power to pause but he can't do that now, gregg, because he's going for retrial, at least according to the people when were in that meeting, which, as it turns out, was set up without the pakistanis even knowing in advance. the delegation of top leadership was suddenly swept into a private room just before a house committee of foreign affairs dinner on tuesday and they were greeted by the committee chairman ed royce and guy behind the afridi campaign and shareef to release afridi to america. shareef didn't know that the doctor meant so much to the american public and after 20 minutes of talks, shareef agreed to review the prosecution process. >> he committed and instructed the national security adviser on

the spot in the meeting to make sure that dr. afridi was tried with whatever means were at their disposal to go back and get that objective accomplished. >> now, if so, this would be a massive move forward in this case. how are the pakistanis do that, gregg, that's up to them. a two-prong approach here to get the ball rolling. the committee chairman ed royce also press shareef to do the right thing. told fox news, "i am hopeful that our strong message spurs action on this case." but there was nothing definitive from the meeting that justice is going to be done. does sound a little ominous. check out my story online at foxnews.com about this. the pakistanis we don't have a representation of being trusted must. afridi is a publicly detested figure and considered a terrorist himself and a symbol

of american interference in pakistani affairs. i'm being told by people who are close with fridi in pakistan that he's under strict and doesn't haverison and being access to basic everyday needs and starting to lose faith in the united states in helping him out. he's been praying for that, even though he still says he helped the cia out for his love of america. that's what he told me in an interview. back to you. >> the u.s. does have leverage. great story, dominic, thanks. how did dr. afridi end up behind bars? he was arrested just days after the bin laden raid at a checkpoint on orders from the country's spy agency. he is believed to have helped the cia by running a fake vaccine program to confirm the al qaeda mastermind was there. one year later, he was convicted of treason and sentenced to 33 years in prison and that sentence was later overturned, but according to pakistani

officials, he now faces other criminal charges. new backlash from world leaders reacting to nsa claims that the u.s. has eavesdropped on their telephone calls. german officials now planning a trip to the united states to talk with the white house directly and nsa about these spying allegations, including how chancellor angela merkel's cell phone was allegedly monitored. image from the national mall where protesters are rallying against the patriot act and the nsa and the statement from nsa leaker edward snowd erken is be read. peter has more. hi, peter. >> edward snowden's face is plastered on dozens if not hundreds of posters at that rally thanking him for leaking information that exposed nsa mass surveillance programs. we have an excerpt of the statement you just mentioned from snowden that is going to be

read today. it says, "we learned that it united states intelligence community secretly built a system of pervasive surveillance. today no telephone in america makes a call without leaving a record with the nsa and no internet transactions enters or leaves america without passing through the nsa hands. our representatives in congress tell us this is not surveillance. they're wrong. today's march against mass surveillance began at union station and then made its way through the streets of d.c. to the lawn in front of the u.s. capital, one of the first things the organizers said was, it's not an event focused on right and left, rather, on right and wrong. and all this comes at a time of particularly intense scrutiny on the obama administration for allegedly spying on world leaders, but former secretary of state hillary clinton is now urging everyone to take a step back and realize that they haven't seen the whole picture because snowden only leaked pits

and pieces of the story. >> the stuff that has been leaked is sort of bits and pieces. it's not in context and it's not clearly explainable or understood. so, we don't want to cause difficulties for our friends and angela merkel is a great friend as is others in europe. >> nsa wiretaps specifically seem to have the crowd in front of the capital right now. right now most upset, their focus is on privacy and not partisan politics. i was just down there, gregg. so far their event is peaceful. >> peter, thanks so much. the air force making god optional. cadets at the air force academy no longer have to say the phrase, so help me god in its honor code after civil right group filed a complaint. the air force put out a statement saying after reviewing

the cadet honor oath that enables all to be true to their beliefs, the air force's academy has decided to make the final clause optional." god may be voluntary, the air force says the rest of the oath is not. fox extreme weather right now. we're seeing some of the coldest temperatures of october around the united states. in the meantime, a winter storm is taking shach pe in the north rockies. janice dean is live in the extreme weather center. >> you know, the average first freeze in some areas in october. but look across the deep south the tennessee river valley, parts of the ohio river valley and typically we don't see a first freeze until november or the middle of november and we have certainly seen freezing temperatures overnight, the last several noilths in some of these areas across the deep south and the tennessee river valleys.

just to point that out that we are early in terms of first freeze. current temperatures right mow, 36 in marquette and it is cool across portions of the mid-atlantic down into the southeast and that will continue today, tomorrow and then temperatures will start to moderate as we get am to early next week. wind chills, yes, we're talking about those feeling like 25 in marquette. 36 in fargo and 39 in minneapolis. cold enough for some snow across the great lakes, upper midwest and interior northwest and new england. nuisance snowflakes here and there and across those regions and as they mentioned, we're dealing with another event. a snow storm in the early part of the workweek. some areas could get over a foot, maybe two feet of snow and on the warm side of the storm, the potential for severe weather mid-week and, of course, we know halloween is coming up. so, all eyes are on the forecast, especially for our little trick or treaters. we'll keep you up to date, gregg, back to you. >> so many of those costumes,

you can't cover them up by wearing a big jacket. what do you do? >> where i'm from in canada they make the costumes two sizes too big so we can fit our snowsuits in there. >> there you go, snow shirt underneath. all right, thank you very much. >> you got it. gregg, we all remember one year ago the east coast was bracing for hurricane sandy but made the most unprecedented left shore roaring ashore in new jersey as a superstorm on october 29th. sandy killed at least 182 people and caused $65 billion in damage in the u.s. making it the second costliest weather disaster in american history behind only hurricane katrina. well, a standoff with police. after alleged gunman shoots four officers, we're going to tell you how it ended. the bank approve all those loans that help ignite the housing crisis is paying a hefty

fine for their misconduct. we'll tell you how big the tab is. the white house is saying they should have the obama care glitches, if you can really call it that, under control soon. but should someone go down for the disastrous rollout? we'll debate it, next. when it comes to good nutrition...i'm no expert.

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but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. us, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. 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 find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. welcome back the white house in full damage control over those glitches on the obama care website and is the subject of both the president and the gop's weekly address. listen. >> as you may have heard, the site isn't working the way it's supposed to yet. it's frustrating for all of us who have worked so hard making sure everyone that needs it gets health care and especially frustrated for the americans who are trying to get covered.

the site has been visited more than 20 million times so far. >> the broken healthcare.gov website has captured the nation's attention. but this is more than a website problem. we're also concerned about what happens next. will enrollment glitches become provider payment glitches? will patients show up at the doctor's office or hospital only to be told that they are not in the system. is the personal information that americans provide as part of the enrollment process safe from cyberhackers and identity theft? >> lots of questions and next week the house is expected to hold a hearing with the woman in charge of all things obama care kathleen sebelius. joining me now are political panel and former campaign manager huckabee for president a. >> good to be with you. >> thank you. >> let's start with the obama

care hearings. >> i don't think they came across particularly well simply because they don't have answers to the questions that were raised in the address today. in fairness, the republicans were focusing also more on attacking the democrats rather than trying to come up with solutions to fix the problem. bottom line, there are a lot of unanswered questions, lot of serious problems. >> a lot of unanswered questions and serious problems. i go to you, i want to know how the administration came across. he said doug just said that they lodged a lot of complaints as opposed to offering solutions. do you feel it was their place at that point or the forum to express the frust rashz. >> there is certainly a lot of complaints to be had when there are 20 million people that visit a website and less than 4% get through to the product. that is a disaster of epic

proportions for anyone website, especially one with health care. republicans have to be careful not to overplay our hand here because i think obama care is starting to crumble on its own weight. >> chip, let me stay with you for a second, what was your impression of the technology contractors in charge of constructing and implementing the website. >> if someone invested in i.t. businesses over the years and working that business, i was shocked at older technology. kept on blaming the administration for the scope of work that can be a disaster. real no beta testing and that was not in the budget. i will not roll out this kind of website without serious beta testing and a third party to test my website even on a smaller, smaller scale. they wasted a lot of time, energy and effort on this and the american people are unfortunately holding the back on it and i think there are a lot of problems behind this that we're starting to see the

forefront of. >> let me get your take, doug. >> i think there may be problems but we don't know, the only thing we do know that chip said correctly, a lot of problems with the website. they hired a general contractor to come in and fix it and what the president says will be five weeks. i think we have to wait that time. bottom line if by december 15th we don't have this system up and running and obama care working, we have a real problem. >> that brings me to the fox news poll. it is a poll that shows 57% in favor of delaying implementation of the health care law. 39% against delaying and then you'll see the majority, they're not in favor of cutting off the funding. chip, do you think those opinions will shift as time goes on and what's your position and then we'll get you doug. >> yeah, i think doug hits it right here, too. if they cannot get this website fixed by the deadline of september 15th, i don't think they'll come close. if they can't have people

registering by that time, i think there will be a massive push from the republicans in congress and also the white house to delay this for a year which is what republicans wanted before we shut down the government. so, again, i think this is something that we let obama take care of. he will delay it for us. >> bottom line, i think we're looking to a situation where delay on implementation of the individual mandate and delay on the fines makes good sense. look, we're not trying to have a race to get things right with deadlines and penalties and we want health care for all americans as seamlessly as possible. i think the four or five democratic senators who called for those delays and implementation of the penalties and the individual mandate have it exactly right. >> guys, a little less than a minute left. let me throw out the question and i'll get chip to answer first and doug to get the last word. negotiating committee scheduled to meet for the first time next

we wednesday, october 30th. are you expecting harmony or some dissension? >> i don't think harmony in d.c. on any issue, but on this issue, i think most people can agree on our side that we don't want another shutdown and come up with a proposal to get this past the next election and go from there. >> doug, what do you think, broker a deal by december 30th? >> i wish i could be as optimistic as chip. i'm pleased to hear him say that there isn't going to be another shutdown. but the bottom line has been division in the republican party. that's the democrats' saving grace. >> okay, guys, i have to leave it there and i appreciate your comments. good discussion and good ideaed from both sides. that's what we need. thank you so much, guys. >> thank you. daring water rescue pulls a woman to safety. we'll tell you where it all went down and show you more. walking in his dad's shoes. we hear from the son of hollywood legend clint eastwood

as he tries to break into show biz. , diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.

caught on camera, a dramatic rescue off the coast of nor folk, virginia. look at this video. the u.s. coast guard helping a 57-year-old woman, placing her in that basket you see, raising her to a waiting helicopter. so what happened, she suffered a medical emergency at sea on the carnival splendor, and the cruise ship, she needed to be evacuated to land immediately, stat. >> i hope she's doing all right. >> i hope so, too. all right, let's get hollywood for a second.

oscar winner clint eastwood, one of the greats by anyone's measure, legendary actor in hollywood. what you may not know, his son scott is also in the business trying to make his own mark. michael at that marrow got a chance to sit down with scott eastwood seeing what it is like to follow in dad's very large footsteps. >> you have to ask yourself one question. do i feel lucky. well, do you, punk? >> it isn't easy following in those footsteps. scott eastwood decided to blaze his own trail, using his mother's name reeves. now he goes by eastwood. >> everybody wanted to represent scott eastwood, but no one wanted to do scott reeves. i wanted to prove it to myself. >> he landed small parts in films like "flags of our fathers" and "american crime."

and gran turino. >> you had to try out like everybody else. what was that like? >> it was good. you have to run around town, audition for everybody. but that's part of it. >> clint eastwood is known as playing a tough guy on screen. doesn't matter if scott is his son, the oscar winner always demands the best. >> he is tough on me, very old school, very old school, and he doesn't want anyone to, you know, think there's anyone getting special treatment. >> scott is focused on the future and for good reason, has the lead in upcoming movie "dawn patrol" and theory with brad pitt. >> what's it like working with brad pitt. >> he is good, very good, as you guys know, he is very talented and very humble, which is really nice to see in the business. >> these days, the 27-year-old is making headlines for showing

off his good looks. >> that's not what i'm about. i am an actor, but there was a lot of better looking people out there. >> for now, scott is enjoying learning from his father and what it means to be an eastwood. >> my old man is a man of few words, but he would probably say it's integrity. it's integrity. regardless of what you do in this world, you do it good. you do your best and you show up on time and you leave and you do a good job and treat people, you know, the way you want to be treated. >> tough act to follow, huh? the dirty harry movies, the great westerns. >> i don't know what you're saying. i am distracted. >> he is a hunk. >> we will be back. don't go away.

hello, i am gregg jarrett. welcome to america's news headquarters. >> i am arthel neville. rally on the national mall this hour, i said that, angry protesters demonstrating against the patriot act and the nsa. we will get a live report from washington. and a fox news exclusive about the hero doctor that allegedly helped bring osama bin laden to justice. pakistan's prime minister promising to reconsider the case of dr. shakil afridi.

and the extent of folks calling to work when they're coming up with bizarre excuses, what's not funny is the cost to the bottom line. you won't believe how much money we're talking about. first we start here. president obama buying himself more time, asking the american people to wait just a few extra weeks while a new team of experts struggled to fix the health care website. his new deadline to get rid of glitches and have things moving smoothly, around thanksgiving. molly henneberg is live with more. hey, molly. >> reporter: president obama says okay, the obama care website isn't perfect, but it's getting fixed, and in the meantime, he says he'll continue to, quote, champion the obama care law. but in his weekly radio address, the president did not repeat one of his most famous statements about obama care, that if you like your current health care plan, you can keep it. here is what he said today.

>> everyone who already has health insurance, whether through your employer, medicare or medicaid will keep the benefits and protections this law already has put into place. >> republican congressman fred upton says, quote, millions of americans are getting notices that in fact they're about to lose their health insurance because of obama care, and he says something needs to be done about that. >> we should look for bipartisan solutions to allow americans to keep their current insurance. after all, that was president obama's solemn promise during the health care debate. >> reporter: the management expert brought in by the white house to fix the obama care website said yesterday, quote, there's a punch list of fixes and we're going to punch them out one by one. by end of november, healthcare.gov will work smoothly for the vast majority of users. still they want to hear from health and human services secretary kathleen sebelius about the disastrous rollout and

hundreds of millions spent on it. she will testify before a house committee wednesday. >> molly henneberg, thanks. as we await next week's congressional testimony about the website fiasco by health and human services secretary kathleen sebelius, she's finally going to be there, our next guest says more attention should be paid to what happens once the system has all of your very private personal sensitive information. millions of americans could be vulnerable to identity theft by hackers, including believe it or not, the very people hired by the health department to be our navigators through the system. here now, co-author of who's counting, you have written a terrific column about this problem here. talk to us about how ripe the system is for identity theft and the stealing of other valuable information. >> first, greg, let's assume the system is immune from hacking

from outsiders. there's still enormous security problems, so much so that the former commissioner of social security until this february, michael astrue says a whole bunch of navigators hired to process applications into identity theft predators. >> and john, there are literally thousands of them. is it true that before hiring the navigators, there was no background check done. these guys could be criminals and they're not even monitored? >> a few states have their own rules saying there should be background checks. there's no federal rule saying they should have background checks, even though when the federal government hired hundreds of thousands of people to conduct the 2010 census, all of them had to go through background checks and all they had access to was where you lived. these people will have access to your social security records, veteran administration records,

all kinds of records. >> i didn't know this part until i read it in your column, there are 700 cyber squatter websites. what are they? >> say you mistype healthcare.gov or google and say i want something on obama care. there will be lots of sites that will have domain addresses similar to healthcare.gov and drain traffic away from it, because they'll be easy to get onto, some people, 10 to 40% of traffic will flow to those sites first. those sites won't be selling insurance but they'll say here is obama care enrollment form. if you fill it out, we will give you all kinds of great information. if you fill out the form it will be available to identity thieves. >> you also point out in your column some arguably nefarious groups are involved in this. let me quote, in fact, you. it shouldn't surprise anyone then that some people have found a way to form new navigator groups out of the ruins of acorn, the notoriously corrupt

leftwing group thataw dozens of employees in multiple states convicted of fraud before and after the 2008 election. so those that were caught in fraudulent activities now involved in this? >> possibly, the founder of acorn set up a new organization and they're part of the navigator group. here is the other disaster that's coming, greg. the president last month said if you can't get on the website, call the 800 number. people would call that and get a busy signal or message saying go to healthcare.gov which was a circular disaster. here is the thing. the good news is the white house hired 10,000 new telephone operators to take the calls. the bad news is once you give the information about signing up for obama care to a phone operator, guess what, they eventually have to enter that data into the website. it is like going to the bank and the computers are down, you do a paper transaction, it will have to be entered into the computer. here is the problem. 10,000 operators were hired at the last minute, no background checks.

we added 10,000 potential people with access to your information, like social security numbers. >> knowing what you know now, would you ever log onto the federal website rg giving out your personal information, including social security, or make the telephone call to one of the operators. >> don't listen to me, don't listen to me, listen to consumer reports, the most respected consumer magazine in america. they say about healthcare.gov, don't go there. >> consumer reports. well, that's pretty good authority on a lot of things. >> yes. >> so are you. always good to read your columns. good to see you. >> thank you, greg. new back lash from world leaders reacting to nsa claims that the u.s. eavesdropped on their phone, their cell phones. german officials are planning a trip to the u.s. to talk with the white house and the nsa

about spy allegations, including how chancellor angela merkel, her cell phone was allegedly monitored. images from the national mall where protesters are rallying against the patriot act and the nsa and peter doocy is in washington as well. >> reporter: it is all about privacy today at that rally. partisan politics are not much of a consideration among the hundreds of democrats, republicans, independents and libertarians gathered outside the u.s. capitol now, they mafd from uni -- marched chanting all the way that masked surveillance must go. the crowd gets fired up whenever they mention nsa wire taps and most common sign features nsa leaker edward snowden's face with a message saying thank you to him. snowden passed on a written message for the rally that was read a few minutes ago.

here is part of it. quote, we learned that the u.s. intelligence community secretly built a system of pervasive surveillance. today no telephone in america makes a call without leaving a record with the nsa. today no internet transaction enters or leaves america without passing through the nsa's hands. our representatives in congress tell us this is not surveillance, they're wrong. edward snowden's leaks exposed a lot of previously unknown detail regarding american surveillance programs, but the former secretary of state, hillary clinton, is now saying it is not smart to judge all american intelligence gathering practice snowden released. >> the stuff that has been leaked is sort of bits and pieces, it's not in context and it's not clearly explainable or understood, so we don't want to cause difficulties for our friends, and angela merkel is a

great friend as others in europe. >> reporter: a sign of the bipartisan nature of the rally at the capitol, former democratic congressman dennis kucinich spoke, and in a few minutes, justin amash will take the stage. >> peter, thanks. we will let everybody know we will have more on the fallout over the nation's spy program that peter reported on when we speak with christian whiton, former state adviser, we will get his thoughts on the threats to our nation's privacy. a devastating snowstorm hitting ohio this october, the early winter storm striking outside cleveland, catching a whole lot of folks off guard. look at that. knocking down trees into houses, thousands losing power, leaving a lot of people cold and fright end. >> woke up, it was a winter wonderland today, trees down in the backyard. it was horrible. >> you woke up this morning and saw the amount of snow and

already the damage it had done to some trees, it was pretty astounding. yeah, we weren't prepared for that amount. >> meteorologist janice dean joins us in the fox extreme weather center. i hope you have the shaking thermometer so cold that it shakes. i love that. >> i'll get that back. i don't have it in this graphic setup. darn it. >> i will stay tuned for you. >> i'll send it to your private e-mail. how is that. >> good, i can put it on the screen here. thanks. >> i am so happy, i can make you excited. it is chilly. this is me going like this because it is cold out. most of the cold is bottled up in canada. a lot of it did sink southward, but we're into a moderating trend as we get into the early part of next week for the east coast, the mid-atlantic back into the deep south where we saw freezing cold temperatures in the last several nights, and a lot of freeze advisories up. so five to ten degrees below average where we should be, as

far south as florida, then warmer than average temperatures across the west. part of the reason is we have a big old dip in the jet stream allowing that cold, canadian air to sink southward. that moderating trend is going to continue into early next week, then we see changes across the west, which i'll talk about real quick. for d.c., we're getting geared up for halloween, a warming trend into the early part of next week. we will be ten degrees above where we are now. a quick update where we have snow across the great lakes, we have the potential for severe weather over the central u.s. and storm system across the northwest, which we will be tracking this week as we could see more snow and perhaps some severe weather. greg, i am going to get on it, send that little e-mail to you so you can have your own chilly thermometer. >> the viewers should get to see it next time we go to you. >> next up, that's my first graphic out of the gate. >> the shaking thermometer. >> it is the little things, isn't it?

>> it is. thanks, jd. okay, coming up, beloved actress that became famous on the bob newhart show, created many memorable voices for the simpsons has died. we're going to tell you about her life. questions are being raised after a little boy was killed for carrying just a toy gun. and calling out of work, you're not the only one. we're going to tell you the top reasons some people are staying home, and it ain't for a fever. 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?

ooh, house down the street has full-sized candy bars. adding it to our route. glad i decided to trade in our old phones. seriously, even the dog... wait, guys, we gotta stay away from 32 elm street. he's a dentist. he's giving out floss! weirdo. gettinnew treats. that's powerful.verizon. trade in your old phone towards a new one, like the samsung galaxy note 3 on america's most reliable network. medicare open enrollment. of year again. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th.

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time for a quick check of the headlines. a gunman in an afghan uniform shot dead at a military base near kabul after opening fire on international troops. at least one member of the nato led force was wounded, but we don't know that soldier's nationality yet. and in northern california, the fbi is investigating the deadly shooting of a 13-year-old boy by a sheriff's deputy. officials say the teen was holding a pellet gun that looked like an assault rifle. some are questioning whether it was necessary to shoot the teen.

and marcia wallace has died. credits rain from playing the wise cracking receptionist on "the bob newhart show" to appearances on "murphy brown." wallace was 70 years old. moving on now, $5.1 billion, that's just the down payment, jpmorgan opening the vault to resolve claims it mislead fannie mae and freddie mac about the risky home loans and mortgage backed securities. the bank sold around $33 billion in mortgage securities to the two companies between 2005 and 2007. the securities soured, of course, after the housing bubble burst, losing billions in value. they were rescued in a taxpayer bailout as they sunk under the weight of the losses. jpmorgan set aside $23 billion

to cover legal costs and it may need all that to resolve additional mortgage related matters. we all call out for work sick from time to time. a brand new survey saying plenty of co-workers are playing hooky. 33% of employees admitted they call out just because they didn't feel like working. oh, yeah, 28% say needed to relax. i need to chill. 24% say they got a doctor's appointment, 19%, catching up on sleep, and 14% say they were running personal errands. the bottom line, all those absences are costing business big time. michael, we laugh at some of the excuses but out the gate here i want you to talk about how, you know, it effects the company's bottom line when they have to deal with temporary workers, perhaps ot.

>> well, it certainly effects companies' bottom lines. let's think about it a minute. separate out everybody that's really sick, okay, for the purpose of this discussion. i think what we've got here is a situation where in america anyway the number of paid sick days and many people get paid sick days in addition to vacation time, they've almost come to view the sick days as their right to use them for whatever they want. vacation time is different. as you know, you have to submit for time, the company can prepare for it. with sick days, they happen spur of the moment, employers might be left in the lurch, they have to hire temporary people. you're not there, if you're one of these people to do your job, to be part of the team. so overall productivity of the company can suffer. productivity by every employee is directly reflected in the bottom line, so productivity goes down, bottom line can go down, plus additional costs. >> that makes complete sense.

let's have a little fun, michael, if you don't mind. pull up a couple full screens. bizarre excuses. check it out. false teeth flew out the car window. swarm of bees surrounded the car. the chemical in turkey made me fall asleep, miss work. favorite football team lost. too upset to come in. and check this out. high frequency sick day times, interesting around the holidays, 30%. december you've got 19%. january, 16%. february, 15%. so we laugh a little but let's get back to some advice. is there a way bosses perhaps can discourage people from calling in fake sick? >> well, i think so. i think at the end of the day there's usually some things that are at the root of this. number one, for bosses out there, you got to lead by example. if you're not there, if you take

off whenever you want to, you're going to set an example in your workplace. if it is okay for you, it is okay for them, for everybody. other things in the workplace. is it common behavior at the company? is everybody doing it? nobody really wants to stand out. i think that's a cultural issue with the company. is there a team spirit, pride in work where you're not going to want to call out. you know, if people are -- if you get paid sick days, and remember, most, a lot of americans don't, but if you've got paid sick days, a lot of employers are really cracking down and checking out even people's social media sites to see if they're really playing around when they're not in the office. so yes, i think there are ways, but i think it starts with the culture of the company. >> the culture of the company indeed. and look, you're at that company now, say you moved to another company later, is it possible that the absentee record to follow you to your next gig?

>> i would certainly think so. most human resources departments, especially when you're going from a major company to a major company, these type of things are part of your permanent unemployment record if they request those type of things. not everybody transfers that data, but look at the end of the day, who are you hurting besides yourself, when it comes time for review, maybe for salary or benefits increase, you know, and they open your employment file and see that you're calling out sick because a swarm of bees surround you on a regular basis, as an employer, i might have to give some pause to whether or not you should get a raise in that situation. >> michael seymour. thanks for the tips. >> my favorite one, my favorite football team lost, i am too upset. >> that's when joel calls in sick. >> joel would never arrive to work, he follows the jets,

right, joel? >> come in. let's see who you are. >> jets win sunday, no wonder he was in monday. >> all right. we move on now. the very foundation of the felt health insurance exchange now facing a brand new legal challenge that could make the entire program fall apart in 36 states. did somebody make a boo boo with the law's language? how a court ruling could effect the very foundation of the president's health care law. and a fox news exclusive and some breaking details on a new effort to free the pakistani doctor who helped the u.s. track down osama bin laden. and women in saudi arabia kicking off a new campaign, getting behind the wheel to break the conservative nation's ironclad ban against women driving. [ sneezes, coughs ]

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women in saudi arabia are getting behind the wheel of a car, all part of a protest to end the ban on women driving in saudi arabia. at least four women said they did it successfully without getting harassed. a rare show of defiance in an otherwise ultra conservative kingdom. clerics and police warned there would be forceful consequences if anybody disturbs public order. no law specifically stops them from driving, but no licenses are currently issued to women. greg, meanwhile in nearby pakistan, the doctor jailed after helping the cia track down osama bin laden may soon be set free. fox news getting exclusive

details. pakistan's premier is pledging to reconsider the case of this man here, dr. shakil afridi. he was jailed shortly after bin laden was killed by navy s.e.a.l.s in pakistan in may of 2011 and remains there waiting new criminal charges after his treason conviction was overturned. they have been looking to get him released, dominic de-natale broke the story and has the latest from the west coast newsroom. >> reporter: that lobbying by congress could be a pivotal moment getting the pakistanis to release shakil afridi. the pakistan prime minister thought they were attending a did i know from the house committee on foreign relations, but it was conducted to a private room and confronted about the man seen as a hero in america. two people waiting for the

committee chairman and the founder of the free afridi campaign, you can see them in the photos here, the head of that campaign made an impassioned plea for his release. here is how he convinced him. >> he didn't understand the passion and the importance of freeing dr. afridi to the american public and the world stage. this is not a story that runs as a vacuum in the united states. this is a story that has global implications. this is a story that impacts terrorism around the globe. >> by all accounts, it was a washington meeting like few others. think about this. unannounced. very carefully stage managed between not just a world leader in the chairman of the house committee on foreign affairs, but also including a private activist. now he promised to review how the case was being processed and also to speed up his trial.

that's actually important and it has the potential to be a turning point here. but given there's a long history of distrust between both countries, chairman royce did issue a word of caution to fox news, he told me, quote, i'm hopeful our strong message spurs action on this case, but there was nothing definitive from the meeting that justice is going to be done. we have a lot more on this on foxnews.com today. do go take a look. afridi under strict supervision at the moment has not been seen in public since he was apprehended, he is expected on october 30th if he gets a fresh trial on arguments from his lawyers, or whether he will be tried on the same evidence as before, which would probably put him back in prison. but who knows for how long. back to you. >> oh, boy, dominic de-natale, thank you for that exclusive report there. the president's health care law is now facing a brand new legal battle.

the affordable care act offers to make insurance affordable with subsidies for low income americans and some others. 36 states decided against opening exchanges, handing that duty over to the feds. but the law when you read it says not once but twice that to get those tax credits or subsidies, they have to buy health insurance through an exchange established by the state. got it? critics say wait a minute, what about the federal exchange in 36 states? doug burns joins us, defense attorney, former prosecutor. fox news analyst. if a judge says all right, no subsidies for people in 36 states, that means there's no employer penalties because they're tied together. that means the law absolutely collapses. >> it is a very interesting situation because if you put aside all of the political arguing, the political rhetoric, who is in favor of obama care, who is against it, forget it.

from a legal stand point, the statute apparently 2500 pages long, everybody sarcastically saying nobody read the whole thing, which i agree with, says that you can get a subsidy only for a state created exchange. but it says you can have a federally created exchange, but doesn't go on to say you get the subsidy. so the argument, real simple, greg -- >> wait a minute, is a judge saying i am reading the strict language of the statute, or is he going to say legislative intent was otherwise. >> totally read my mind real quick before mercedes weighs in. if you look at the exact verbiage, you say wait a minute, you don't get the subsidy unless it is a state created exchange. others say look at the overall legislative intent. >> i envision a judge saying it is a drafting error. >> not so, you have 22 entries. and the irs stepped in, said we will change the rules and regulations, apply tax credit to those with federal exchanges.

you know what, in history we never had an agency, state, city or federal, step in and say we're just going to fill in that gap in the law and just put it in. >> i heard cases, doug, judges said if a law is written ambiguously, we will allow an executive branch department to interpret it. what do you think about that? >> that's a good argument, but mercedes' point drives home two things. number one, since irs stepped in to correct it, it shows the flaw was there. number two, it sets up the best possible argument you could make against it, which is wait a minute, the irs, that's fine, but they're not congress and only congress can change it. that's the argument. >> i would actually agree with that. >> if you look up 10,000 lawson congressional action, you will see that judges always look to the legislative intent. they literally go back and read transcripts of the debate. the problem is there's no record of legislative intent here. >> there is none.

so if there's going to be activism by the judges, it is going to be very difficult because they can't just rest on their laurels and say this isn't what they meant to do. if you don't have any backing, there's no way to justify that. >> the people that wrote this were staffers, not congressmen and women, did it hastily in a back room, there was no transparency. and underscored by nancy pelosi, we have to pass the law before we know what's in it. >> there's no question the thing was on an expedited basis, being diplomatic, it was rushed through and crammed through. >> there was no argument on it. >> the point is that as you guys say, it has to be changed in a correct fashion. >> i would envision a judge saying look, you got to have subsidies for everybody, not just state exchanges, otherwise the law fails, and would collapse, and obviously they didn't pass it so it would collapse, thus the legislative intent is inferred. >> well, that's going to be a stretch though, and yes, i am sure the judges, if there is

that type of activism we're talking about, will have to make that quantum leap and embrace the intent of the law as opposed to looking at it structurally. frankly, there's no language, there's no legislative intent, there's no argument no way. >> i would like to take judicial notice if i am the judge presiding saying wait a minute, i will take judicial notice that congress has known about it a year and a half, yet failed to pass a law to correct it. >> funny, let's talk about the judge, paul freedman in the district of columbia district court, did two interesting things. one, said the lawsuit can be forward, two, did not grant injunction, so it will be kind of interesting because the point is, it goes forward. >> in order to get in junction, you have to show likelihood mof success on the merits. if the judge thinks this is a case that may defeat the affordable care act. >> what if it goes to the u.s. supreme court which has already

essentially upheld validity of the law, they're not going to now -- >> you will see another knock down, drag out, reporters running out of the building, waving the opinion, getting it wrong. >> getting it wrong. another 5-4 decision, but this time -- >> maybe the judges, especially roberts, now regret what they did. >> excellent point. >> looking for a way out. >> we will see. >> wouldn't that be something. mercedes colon, doug burns, good to see you. good argument. >> thanks. tomorrow, a chris wallace exclusive with louisiana governor bobby jindal and xavier about a certificate a and marsha blackburn on how obama care glitches should delay the mandate. . meanwhile, american ally calling out the president after learning her phone was allegedly tapped. german chancellor angela america ellis sending over some of her people to have a talk with the

president. is the obama administration national security strategy hurting our relationships abroad? >> we, like other nations, gather foreign intelligence because it is in our national security interests to do so. there are real threats out there against the american people and against our allies, including germany, including allies around europe and around the world. we also need to balance those security needs against the understandable privacy concerns that we all share. for fast, lo, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®.

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as we told you earlier, the global community is demanding answers from the obama administration after reports say our spy agency may have tapped the phones of at least 35 world leaders. so could these allegations and potential end of the patriot act create issues for national security and hurt our chances at fighting terrorism? bringing in christian whiton, former state department adviser, author of a new book, smart power between diplomacy and war. hi, christian. >> hi, arthel. how are you? >> scale of one to ten, how bad are the latest revelations? >> as far as damage to u.s. national security, i give it a 7 you know, there's a lot of false protesting going on here. everyone knows that everyone spies on each other. around the world there's a huge

difference between what politicians say and do, which is why we have to gather intelligence to understand what people's intentions really are, so of course the country will get upset if they find out their head of state has his or her communications monitored, but it is something a lot of governments do. >> i was surprised, and you're the expert, the personal cell phone of german chancellor angela merkel, is that normal? is that fairgrounds? >> i don't know if it is normal, president obama says we aren't actually monitoring that now, it is unclear if we have in the past. germany is an important country. in the last decade, it was a different chancellor, he not only opposed u.s. war planes but worked against them and rallied against us. germany is an important economy, whether they bailout greece or don't, these matter to the united states and frankly better to know things beforehand than after we read them in the news. >> you say a lot of false protesting going on. any components of leaks and

alleged wire tapping that might be considered irrepairable for the u.s.? >> i think in terms of damage, yeah, i think there's a medium term chance for damage because it is looking like we don't know how to keep secrets. this isn't the first incident. this is, you know, the latest in a long line of incidents, starting with wikileaks, which you recall came, started with video that was classified, ended with 200,000 cables, intelligence information, trusted sources, all of which was blown. people are going to get the impression the united states can't keep secrets. also the latest revelation from edward snowden, the nsa contractor, who stole information, disclosed it, and is currently in moscow, there's no prospect for getting him back any time soon, so the damaging drip, drip, drip may continue. >> is it going to effect the u.s. from a military standpoint, christian? >> i don't think so. it is funny, germans and french

are the loudest protesters. germans understand u.s. intelligence very well, there's an old nsa facility, you can still see it in berlin, it was critical to watching russian signal intelligence, technical term for sweeping up radio waves and things like that. countries and allies know this is important, know it has to continue. they're going to protest. also some of the people protesting france, it is beyond the pale. france is one of the most aggressive intelligence collectors, and don't just collect for national security like we do, they steal business secrets, give it to their companies, which we do not do. >> in terms of damage control moving forward, what happens next? >> the best to say as little in public as possible. customarily we say we don't talk about intelligence matters, and i would say the white house is sticking to that, and that's probably a good idea. germany, france, mexico, brazil say they're taking this to u.n. general assembly, that's

probably a good sign because nothing ever comes of that. the fact that france and germany aren't taking it to a nato venue to protest, just sending it to new york, probably a sign it isn't going to last that much longer. >> former secretary of state hillary clinton already saying listen, guys, keep in mind this information that has been leaked is in drips and drabs, and pieces, little pieces. so making us, giving impression it is not a huge deal? >> yeah, i think she probably has incentive to downplay it. secretary clinton knows first hand because she of course would have been targeted not just by chinese and russian for intelligence collection but also by the french and some allies, israel, for example. this is something that's done and frankly if you're having a cell phone conversation, you're offering up radio waves that a foreign intelligence service would be stupid not to collect if you're in a position of power, whether they can decrypt it is another issue, but anyone that handles classified

intelligence knows a cell phone is a microphone to the enemy. >> say you're not in a position of power, you have regular american people going wait a minute, are they listening to our conversation, every conversation i have, is it fair game for the nsa? >> it shouldn't be, it is unfortunate the nsa is logging all our calls. i think that goes beyond the intent of congress in the patriot act and something i hope congress limits, and frankly have the phone companies keep the information. i trust them to keep it secure more frankly than the government. >> christian, i have to go. i have a few more questions, but i am out of time. christian whiton, thank you for your time this afternoon. see you next time. >> thank you, arthel. >> all right. a possible piece of american history is uncovered and it could be george washington's watering hole. coming up, we're going to tell you where they may have found this colonial era "cheers." and a heart warming

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welcome back. amateur preservationist possibly discovering an amazing slice of american history right here in manhattan. what could be the remains of the

tavern were george washington toasted the end of the american revolution. we are live at the new york city newsroom with more on that. what about it? >> greg, the bull's head tavern was built around 1750 which would make it the oldest building found in manhattan. as the story goes, george washington triumphly led the continental army in manhattan and stopped to have a drink with the last of the british's troops leaving new york after seven years of occupation. now amateur preservationist says he believes the site of the legendary watering hole is located at 50 bowery in lower manhattan. the address has long been suggested as a location for the tavern. these photos he took in the basement of a building prove it. they say the photos seem to show the tavern's colonial era hand

cut wood beads, books, bricks and foundation walls of the bustle spot down how often. >> it was an important stopping place for many travelers. it was a place of recreation for new yorkers. it was probably one of the hot spots, if you will, of its day. >> today several local organizations are working with the owner of the building to put the demolition on hold just long enough for a proper archaeological dig to be made. >> it's also a very rare reminder of the presence of the revolutionary war here in new york and not just any site associated with the war but a site of triumph, a symbol of the success finally of this long struggle. >> if city's landmark's commission says they have no jurisdiction on this site. it's really up to the owner of the building who just this week has agreed to let a cultural resource firm start a

preliminary evaluation. greg? >> wouldn't that be something? all right. thanks very much. so heartwarming scene this week for the family of chief petty officer aaron wright returning home after an eight-month deployment in bahrain doing operational support for the navy. he wanted to surprise his wife and two kids in person. a reunion that brought his kids tears of joy. >> it was surreal. it was just like a long time coming and it was just unbelievable just to be home and to be able to see their faces. >> this was aaron's final deployment and he is home for good. he will go on to work full time at notre dame in the office of information technology. very, very nice. >> wasn't that great? great screen. >> we owe the servicemen and women so much gratitude and thanks for all their sacrifices that they have made on our behalf. it's nice to see a little joy in their lives at the very end. >> indeed. well, well said. very nice. listen, that's going to do it for us. we are -- you're back in 30

minutes. >> i am. >> we're back together at 6:00 p.m. in the meantime, stick around because carol olson, "healthy you " you" is up next. >> have a great weekend.why 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. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away, if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor.

i'm carol alt. i've been on the cover of more than 700 magazines and traveled the world for photo shoots and movies but i wasn't always this healthy. i struggled with my weight, fatigue and depressions through my career. i realized it was time to change, so i learned about the importance of fit health. i'm not a doctor. i'm just like every person watching this show. and i want to help make a healthy you. welcome to "healthy you." i'm carol alt. the fountain of youth. we've all heard of it. most of us have dreamt of finding it. since mother nature has decided we're going to get old no matter