>> on saturday. >> and we heard from maria earlier. >> turn your clocks back an hour, coming up early on sunday. 2 a.m. >> il divo will do another number in the after the show show. get ready. >> they just found out about it. bye-bye. martha: we start with this fox news alert. stunning new revelations on obamacare's botched rollout. internal memos are showing only six people, six actually signed up on day one of the health care exchange program. good morning everybody, i'm martha maccallum here in "america's newsroom". >> i'm gregg jarrett in for bill hemmer. the obama administration is not actually denying the information. the health and human services department is down playing released documents. let me quote them. they appear to be notes. do not include enrollments, statistics. we will release enrollment stats on monthly basis after coordinating information from different sources paper, online,

call centers, verifying with insurers and collecting data from states. martha: byron york, "washington examiner" and fox news contributor. what do you make about the number six. >> now we know why the administration is secretive about the numbers. health and human services secretary kathleen sebelius was asked by congress about this she wouldn't give it. we know the number was beyond embarrassing. six people on day one. had a total of 248 by the next day. this has really stunned a lot of people. especially democrats, who voted for this. they basically summoned top white house officials including white house chief of staff to capital hill yesterday to explain this. you know they wanted to find out the numbers themselves. one of the senators, jeff merkel, he said we were all confident the system would be up and running by october 1st. they to the a really big surprise. we find out just how bad it

really is. >> it is. they need 39,000 people a day. 39,000 people a day to reach the goal in march of seven million people they need to have signed up by then, is that right? >> that's right. the whole plan of obamacare they have to have enough people to sign up, especially enough younger and healthier people as opposed to older, less healthy people to sign up to make sure premiums just do not go through the roof. the figure they needed was seven million by march the 1st. break that down day by day, they need 39,000 a day. they started off with six on day one. they had 250 by day two. they're way, way behind already. martha interesting, the whole denis mcdonough issue on this as chief of staff. down the road it doesn't matter so much. people want to have good health care and figure out how they can get it whether through this program or something completely different but the politics is interesting behind this.

isn't the person the president would count on to give him the truth serum, here's where we're at, mr. president? i don't want you to look bad. did any of that happen? >> obviously the congress can't summon to testify about this. we know the president will not write code for the website. would you think this is his signature achievement, that marks his time in the white house so far that he would want to make sure, almost on a minute-by-minute basis would rollout successfully. obvious the president has to delegate some of that responsibility. chief of staff is obvious candidate, somebody who would stay on the thing 24/7. yet what we figured out so far they really didn't know how bad it was going to be. they knew there were problems. there were contractors saying this ain't going well, but they decided to go ahead with it on october 1st. martha: that is one of those stories, byron, we'll find out later down the road because the true story of what was going on behind the scenes at the white house during this rollout,

how inquisitive the president really was or was not about how well things were going, as we all know, from having covered these stories for many years. this will come out in the wash as we find out later down the road, right? >> there i will will be books about this, no doubt. remember if things continue to go badly, a feature of life in washington that people start pointing fingers at each other, perhaps anonymously. i wouldn't be surprised if it goes badly to see leaks combing out of the administration pointing fingers at one person or another. martha: you can probably bet on it. byron, thanks. >> thank you, martha. >> a group of tech experts recruited to help fix countless problems with the obamacare website this time. dozens of computer engineers from google, red hat, oracle, all rushing to the rescue. you recall the white house launch ad so-called tech surge back on october 20th, as response to many growing issues. martha: we're learning disturbing new details about one of the lead contractors on the

obamacare website. according to an hhs inspector general's report that was released in june, qssi was accused of lax data security controls on a separate data hub unrelated to healthcare.gov, possibly endangering the personal information of more than six million medicare recipients by allowing workers to potentially steal information or introduce malware, using usb devices. all this goes to the concerns about the security of this whole system. you saw congressman mike rogers very fired up about this the other day. he is the former intelligence officer. so more on that to come for sure. >> a brand new report suggesting that the president may have deliberately misled people when he said that no one would be losing their coverage or doctor under obamacare, period. remember that? well new administration documents from three years ago reportedly show that officials knew all along, as many as 93 million americans could be in danger of losing their plans.

fox news network's stuart varney joins us now. stuart, this is buried in what's known as the federal register which is, always been known as the document which tells average americans what their government is thinking, all rules, regulations and reports have to be recorded daily in the federal register. problem is, it is voluminous. folks have been dig through it. what did they find? >> first of all, let me explain, this is a real huge, new bombshell because this affects those people who get their health insurance from their employer. that is a majority of americans. okay. now go back to june 2010. page 34,552 of the federal register, under administration commentary. comes from the administration itself. they predicted the mass cancellation of employer-provided health plans. 66% of small businesses, 45% of big businesses, adding up to a

total of 93 million potential plan cancellations. cancellation of plans offered by your employer. now that employer mandate was delayed for one year, so this time next year, right best election, that is when these possible cancellation notices, 93 million of them, will be going out. >> that 93 million is more than even the non-partisan cbo had predicted a year-and-a-half ago. i looked it up today. march 15th, 2012, the cbo and together with the joint committee on taxation, they issued a report. they said up to 30 million americans are going to lose their employer sponsored coverage because of obamacare. that didn't even include what, 15 or 20 million in the individual marketplace. and millions of those are now getting their cancellation notices. >> that's right. we should make the distinction between the millions of people who are now getting cancellation

notices because they buy their insurance individually. that is the private, individual market. those letters are going out now. this time next year, a whole new raft of letters go out to those people who get their health insurance from their employer. those plans will be canceled. those people will be shifted into a policy which they may not want but which will be far more expensive. >> we didn't even talk about the killing of jobs because everybody should look at "investors business daily." so far they documented 313 businesses that have fired workers because of obamacare or cut back their hours. we'll leave that for another occasion. stu varney, it's a bomb ship. thank you very much. >> thanks, gregg, martha. martha: fiery new reaction from wisconsin senator ron johnson. he is now proposing a bill that would make obamacare, allow people to keep their own plan as was original promise as you know. here is what he said on "hannity" last night. >> this is about freedom. of course president obama's

promise being broken to millions of americans today. so my bill simply does it allows those americans to have that promise kept for them so they can actually keep their health care plan as president obama promised. martha: senator johnson will promos the new amendment later this week. so there you are. i think back to kathleen sebelius when she was asked will you go on obamacare? she said, well no, i have employer insurance. that is the answer so many people across this country have had. the reassures that is people were given if you like your health care and you can keep it. if you have employer plan, you're in great shape, you don't have to worry about it. astuter points out more and more companies will way benefits, you know what? push everybody on to this other plan, let's face it. it is a headache and really expensive for our employees. >> not only will they have to buy enhanced benefits which is expensive. obamacare requires employers to pay a higher share of

employee-sponsored plan. wait a minute. it makes no financial sense. we'll pay penalty. all of those employees, they're on their own. martha: it will make companies that continue to do it a premium for employees. that is where people will want to work if they're still promised those kind of benefits. a lot more shoes to drop in this whole thing. >> every day. fox news alert on a developing situation in the middle east. an obama administration official confirming an israeli airstrike inside syria. the target? russian-made missiles in syria. leland vittert following the story live in jerusalem. so, leland, why hit now just as the syrians are dismantling the chemical weapons stockpile? >> essentially, gregg, the israelis have long said they will act to hit syria in the event that the syrians are trying to move some of those very sophisticated weapons from syria, down to their friend in lebanon, namely the militant

group hezbollah. location of this airstrike gives us indication weapons we're talking about. a key report there in syria. most likely surface-to-air missiles, sophisticated enough to make it, the israeli planes over lebanon would be in danger in the event of another lebanon war. that is why israel acted now. they long said they will not pick side in the syrian civil war. off the record, israelis will tell you soon as let the enemies duke it out with each other. they will not allow someone to come out of the syrian civil war stronger. hence why we saw the strike today. >> leland the israeli military is not at all confirming or denying this particular strike. how do they feel about the united states spilling the beans on this? >> angry would be putting it lightly. this is front page of daily major newspaper here. israel to the united states, you are hurting us is the rough translation in the hebrew

inside. one of the major security columnists said the united states, has quote, sold us out. remember this isn't the first time israel has struck syria. it happened on wednesday night. it also happened back in may that we have some video from. the israelis feel by staying silent in this case or all these cases, it is less likely syrians will retaliate. so far they are correct and very upset at united states for calling them out. gregg? >> leland vittert live in jersey. thanks. martha: also this morning a dramatic rescue in the heartland after a school bus i should say filled with children toppled into a creek during this flood. it landed on its side. we'll tell you the dramatic story what happened after that. >> a new twist in the mysterious death of this 17-year-old boy. why federal prosecutors are getting involved nearly a year after he was found dead in his high school gymnasium. martha: virginia republican ken cuccinelli was first attorney general in the country to sue

the administration over obamacare way back when the whole thing got started. he was the first person in that game. he is in a high-stakes race for governor against terry mcauliffe in virginia. it is tightening, this race. he will be with us moments away. >> because if they can order you to buy health insurance they can order you to buy anything. f you, f you, you're almost twice as likely to lose your supporting teeth? try poligrip for partials. poligrip helps minimize stress which may damage supporting teeth by stabilizing your partial. care for your partial. help protect your natural teeth.

got support. openly four days until the election. look at a new quinnepiac poll that came out a couple days ago. most of this race, mcauliffe had a sizable lead. now that has narrowed to 4%. this is becomeing a race that could go clearly either way. attorney general ken cuccinelli joins us. we invited terry mcauliffe to do the show. he may join us coming days but not available today. welcome, good to have you here today. >> good to be with you, martha. martha: why do you think it is tightening? >> obamacare play as big role. i was first person in the country to fight it. terry didn't think it went far enough. it was not yes or not contrast. he actually thinks it should have gone farther. he says they should not just have been running the website. they should have been selling you insurance. i on other hand first to fight it in court. i committed not to expand medicaid.

i don't know why we want to expand failure. that is what terry mcauliffe wants to do. president obama will come here this weekend drawing attention to this issue. many independents and democrats agree this is the wrong course for america and wrong course for virginia. martha: we saw the president's approval numbers, lowest they have been, 42% t does raise a good question you raise, whether or not the presence of president obama will actually help or hurt terry mcauliffe when he comes there this weekend is the big question. it feels like earlier on in this race, one of the things hurting you was the government shutdown. you were sort of grouped in with republican because they bore the brunt of the blame for the government shutdown. does that feel like it's a little more in the rear view mirror now? >> yes. you know as a guy who has been interested in good policy for a long time it is always frustrating to me the short memory span folks have. tell you what, coming out of the government shutdown i'm perfectly happy with it.

people focused on what isn't working in government and that is obamacare t has been wall-to-wall obamacare coverage. just like you said, that shutdown is really in the rear view mirror now. we're focusing what i can do as governor or what terry mcauliffe threatens to do on obamacare, taxes and other issues. martha: let's look at other numbers, because there are problem areas for you and areas where terry mcauliffe is quite frankly doing a lot better than you are. look at race among women. he has 50% of the vote. you're at 37. let's show the independent numbers which are also strongly for mcauliffe as well. he is at 46. you are at 31. these are very different numbers than what we see in the overall race. why do you think that is? >> first of all they're moving quickly our way. you know, i grow back to obamacare. independents agree with us. on tax differences between me and terry independents agree with us. that is moving our direction. women make 75% of the health care decisions in this country. more of them learn as they're hearing more and more every day

that they don't get to pick their insurance, they don't get to pick their doctor. their doctors will be told how they can or can't treat their family member, women react to that much more. terry mcauliffe fully support that is bruer democrat-run medical system. i oppose it. that is a big attraction for women voters coming our way. martha: a tightening of the race will bring at love people on terry mcauliffe's side perhaps out to vote. they're working to get the vote out. it is not looking like such a sure thing. you on your side you have people that you feel will help you out over the weekend. who will you be campaigning with in the coming days there. >> martha, scott walker, governor scott walker will be here tomorrow. he has been in virginia before. it has been a few months. we're glad to have him back tomorrow. on monday we'll have senator rubio and we will finish up monday night in richmond with dr. ron paul. so that, you noticed the a day missing. that sunday when the president will be here, and we welcome the

president to virginia. we always welcome the president to virginia. we're happy to bring the focus to his policies and what terry mcauliffe plans to do with them in virginia and how bad they are for virginians, losing jobs and hurting our economy. martha: just with a minute left here, back to health care for a moment and just one more question for you, where do you think this goes? there is so much outrage, so much disgruntlement, and people are feeling insecure where we're headed with this, a lot of them are? >> that is a great question, martha. i think the next battle, i know the next battle is in the states. washington they're having this rugby scrum match. it pushes up and down a little bit. but each state is going to decide whether they will expand obamacare in their state with the medicaid expansion. that is either going to be an endorsement of obamacare or it is going to be a statement in opposition to obamacare. that is the next battle in virginia's first in line. martha: attorney general ken cuccinelli.

thanks for being with us. we have extended invitation to terry mcauliffe as well. the election is next week. >> good to be with you. gregg: stunning new video after school bus plunged over a bridge, kids inside. we'll tell you about the dramatic rescue. that's correct. cause i'm really nervous about getting trapped. why's that? uh, mark? go get help! i have my reasons. look, you don't have to feel trapped with our raise your rate cd. if our rate on this cd goes up, yours can too. oh that sounds nice. don't feel trapped with the ally raise your rate cd. ally bank. your money needs an ally. he was a matted messiley in a small cage. ng day. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers,

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martha: federal appeals court reinstating most of a tough new abortion law in texas requiring doctors at clinic that is perform the procedure to have hospital admitting privileges. 12 of the 32 texas clinics do not comply with that. therefore they could be closed as early as today. the ruling comes just three days after a federal judge ruled the law unconstitutional. >> a bombshell new report revealing that some homeland security employees are fudging on their time sheets, claiming overtime while they sat at their

desks and, you know, surfed the net. correspondent molly henneberg live in washington. molly, how long has this been going on? >> reporter: for years, gregg. federal investigators call it long-standing abuse of overtime payments this is happening specifically at department of homeland security. they have not got reports of paycheck padding at other agencies at this point, according to "the washington post." the controversy over something called administratively uncontrollable overtime or auo. it is meant to provide overtime pay for border patrol agents or others in the department who may work unexpected hours chasing criminals or doing other efforts to secure the country. but what investigators found according to a letter sent to president obama and members of congress, quote, thousands of dhs employees routinely file for auo, up to two hours a day nearly every day, even in headquarters and training assignments where no qualifying circumstances are likely to

exist. the letter goes on to say, quote, employees who work overtime frequently watch sports and entertainment channels during their claimed auo periods or spend two additional hours at their duty station, relaxing, joking, surfing the internet and taking care of personal matters this is estimated to cost taxpayers $8.7 million a year. gregg? gregg: my goodness. i mean if true this is really definition of abuse. so what is dhs's response? >> reporter: department of homeland security spokesman said higher-ups will look into it and conduct a department-wide review. that spokesman told the post, quote, dhs takes seriously its responsibility to insure proper use of taxpayer funds. many front line agents across the department require work hour flexibility, use of uncontrollable over time, auo, miss use of the fund are not

tolerated. six dhs whistle-blowers started talking about what was happening with overtime pay in their offices. gregg: good thing we have the whistle-blower statute to protect them. molly, good to see you. thanks. martha: this was a terrifying scene in the heart land after a school bus filled with students tumbled into a creek. gregg: the parents of a teenager killed in mysterious circumstances geting a second chance at justice. why federal prosecutors are now getting involved nearly a year after the young man was found dead in his high school gym. >> we have no confidence in the locals. the locals, you know, out of all the things they come out and said, we don't any, any pleading for them, because they should have done their job when they had the chance to.

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martha: school bus in kansas plunged off a low-lying bridge in a fast-moving creek in the waters yesterday. police say the children climbed out of the bus and all gathered sort of on the top of the bus and there are stories about them holding hand, taking care of each other and waiting for help. the police moved in with some rescue boats. one child reunited with his mom minutes after being rescued of. watch this. >> sees river overflowing said,

sop, stop. he said no, no, it is fine. back wheel caught got on rocks and flipped over. i'm okay. martha: scary for both of them. you could tell how happy they are to be together. that was a frightening situation. thankfully i can tell you nobody was injured. the driver suffered minor injuries and hypothermia. the driver was trapped on the bottom side of the bus there. the cause of this accident is looked into. extreme weather turning deadly in texas. rescuers foressed to rescue dozens of people when flooding turned roads literally into river.

>> people are caught on at ticks and rooftops. >> somebody was pounding on my door and saying fire department, fire department, get out now, get out out know. martha: maria molina is live in the fox extreme weather center. where are we headed today, maria? >> it was really incredible what happened across texas yesterday. we're talking about a more on e than a foot of rain in some of these areas and cities impacted hard by a lot of heavy rain where cities like tyler, even around austin. that shading in purple that is more than eight-inches of rain to the west of center of that big city. otherwise parts of eastern texas and across parts of louisiana and picking up significant rainfall with many people picking up over six inches of rain. that was in a short amount of time. that is why we did see flooding. otherwise today storm system moved eastward and now producing areas of light rain across parts of the northeast. there is a little bit of a concern for some damaging winds with storms that are actually heading towards new york city. we do have a severe thunderstorm

warning in effect here. that is because of damaging straight line winds that are possible. showers and storms forecast across parts of the southeast. it is relatively quiet. we'll see sunshine come out ahead of these storms and we could be looking at heavy downpours with georgia and carolinas later on this afternoon. with a lost heavy rain. martha, one of the biggest concerns with the storm system with the wind. we have number of advisories and warnings in effect across the northeast. gusts could reach 60 miles per hour and of course, travel delays, always a big deal with wind that are this strong and we're already seeing them piling up in philadelphia international airport. martha: that could take some trees down and indeed interfere with flights this afternoon. maria, thanks. we will check back in later. >> sound good, thanks. >> nearly 10 months after their son died the parents of kendrick johnson are getting another investigation into the teenager's mysterious death. federal prosecutors now looking into the case.

johnson's bloody body was found back in january inside a rolled up wrestling mat in the high school gymnasium. his parents hope this surveillance video from inside the school will help police understand what happened to their son. well, the u.s. attorney says there's a lot of missing pieces to the puzzle. >> as part of that process there are several questions that must be answered or confirmed. first, what was the cause of mr. johnson's death? second was mr. johnson's death the result of a crime? third, if mr. johnson's death was the result of a crime, who committed that crime? and forth, if a crime in fact was committed, who had the jurisdiction to investigate and prosecute those responsible? gregg: here now is benjamin crump, an attorney for the johnson family. mr. crump, good to see you. you're on record saying this is murder and you think there was a cover-up of that murder. what makes you think so?

>> well obviously it is ridiculous when you think about the explanation that the sheriff offered, that a 17-year-old exceptionally gifted athlete climbed into a wrestling mat, got stuck, suffocated and died. it flies in the face of all logic, the laws of physics and common sense when you really think about it. this is what they offered to his family. gregg: you've been a lawyer for great many years and you've seen that accidents do happen, even tragic accidents. do you have any evidence, including the surveillance tape that would prove otherwise? >> well, what we do know, gregg, what you won't see in this over 1900 hours of video surveillance that this family had to sue for just to try to find out what happened to their child, you won't see him climbing into a wrestling mat, getting stuck as

the sheriff concluded. so you have to say, where do they come up with this theory? if it can't be substantiated isn't it more logical to conclude there was some foul play, he was rolled up into this wrestling mat. so he deserves a fair and proper investigation. that is all the parents want to know. gregg: was any of that found on the surveillance tape, him being beaten or rolled up into a mat by others? is any of that on the surveillance? >> well we don't know that yet. we have not got all the video sure say lance. the -- surveillance. the judge just ordered it. the family had to sue to get this i want to put a human face on this they sent their child to school with a book bag. he was returned to them in body bag. from this to 10 months later they have only trying to get to the truth. when they say let us look at all the video, because we want to

know what happened to our child. no, you can't get the video. we actually have to sue the video. attorney king sued and to answe, we haven't seen the video yet. we don't know whether it will show but we think it will help us get to the truth what happened. we know, there was blunt force trauma. gregg: i'll get to that in a second. authorities call this an accident. one would have assume they would have reviewed all of the surveillance videotape. but for the purposes of this discussion, let's assume they didn't, didn't find anybody actually murdering kendrick. but you think there's a cover-up. who would cover this up and why? >> well, you know, valdosta is a small town. you don't know what individuals know what individuals or whose parents might be the individual. we think it is young people involved in this matter. so you just don't know.

but it is a real-life murder mystery. that is the tragedy of this. gregg: why would anybody want to kill kendrick? did he have any enemies? do you have any motive for this? >> we don't know any of that yet. but what we do know is that they did not want to give the video up. also, his clothes are missing, that would have valuable dna and blood evidence. his fingernails were cut back that would have had skin and dna evidence under it. and on top of all of that, gregg, when they exhumed his body and did the second autopsy they found out that his organs were missing, which would have given very objective evidence to what really happened to this child. gregg: and blunt force trauma to the head and neck area, right side of the neck, consistent with inflicted injury according to the independent pathologist. all of this i suppose will be reviewed by the u.s. attorney but they don't have jurisdiction to prosecute. so they're just going to recommend that somebody else

prosecute, right? >> exactly. and we have requested a coroner's inquest, gregg. the judge will decide that matter on monday because right now the manner and cause of death is an accident and the investigation was closed a couple of days after this tragedy, and this family is saying we won't accept that. we really want to know what happened. gregg: sure. >> and that is hopefully what the courts -- gregg: a second set of eyes and analytical skills of the fbi may come to bear on this and this is only a good thing one can imagine. benjamin crump, our thoughts and prayerses to the family and thank you for taking the time. >> thank you for having me. gregg: all right. martha: boy, it is such a strange story. gregg: it is. martha: and to have the reason for death be suffocation in a gym mat seems very implausible. and you know these parents obviously deserve more answers than they have gotten so far. gregg: the u.s. attorney is very skilled and so are the fbi. they may get to the bottom of

this. martha: let's hope. a sophisticated drug tunnel running along the u.s. border with mexico. we'll show you what investigators have now found 35 feet underthe ground. gregg: bill o'reilly says president obama's response to the obamacare rollout, is just further proof of a president who refuses to back down from his ideology. we'll debate it. >> he is a committed left-wing man, a person who believes the usa would be a far better place if only we would all listen to him. stick with innovation. stick with power. stick with technology. get the flexcare platinum. new from philips sonicare.

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to make his progressive vision come true. that is the memo. martha: that was the memo from last night, from bill o'reilly's talking points. so is the president trying to push a liberal agenda on an unwilling nation? let's debate that. juan williams is fox news political analyst. mary catherine ham, editor-at-large on hot air.com. juan, what do you think? >> i think i has been elected twice, whatever his agenda, if you ask people on the left, i think bill would be surprised to hear they think president obama is very much a moderate. even on this issue of the day the affordable care act where you hear so many people on the right say he lied, he lied. people feel like, gee, you know, president obama really is being attacked by people who want to bury the obamacare. they hate obamacare. they don't like him and so now they're using that as a reason to further attack him. martha: let's listen to the

president in boston here in this sound bite. then we'll grow to mary catherine. >> our devotion to the kind of freedoms this first shot rang out not far from here but there are also debates tempered by a recognition that we're all in this together and that when hardship strikes and it could strike any of us at any moment, we're there for one another. martha: hmmm. you know, we had a very nice woman, betsy on yesterday who explained geting a letter in the mail, mary catherine, said she didn't have her health insurance anymore. that was not something i ever worried about the president told me if i had a policy i could keep it. she went online found another policy. way too expensive. deductible was twice what she was paying before. i'm not sure this process is about looking out for each other and making sure nobody falls through the cracks, mary catherine. >> right. ironically hardship and striking in the form of healthcare.gov or

form of kang selllation letters because of mom care regulation and obama administration itself eviscerated grandfathering clause you will lose your insurance, many people will. the promise was zero people. and let's be honest about it, that was a giant big ol' lie. they knew that people would lose their insurance. people like me pointed out that people would lose their insurance and it was horse pucky, that's right i said it, whole time they could keep it. this has real consequences in the real world and people losing their plans are middle class folks who may not be eligible for subsidies who were exact people who did the right thing. they got insured. now, oops, sorry. martha: so, is that, juan, all of us getting together, looking out for each other, not letting people fall through the cracks? it isn't to a lot of people including our guest yesterday. that is not what feels like i was happening here. >> there are anecdotal stories like that, horse puccy.

martha: that is the word of the day. >> i think so. if you're talking about looking out for each others you look at status which is a health care system that bankrupts families. a lot of these policies, talking about a very limited number of people involved in the market. >> 17 million. >> five% of the entire market. martha: i have to step in here, juan, because we're also losing this morning there will be mission creep here. corporations are also going to look at this down the road and say you know what? not worth it. we'll not do this anymore. you, me, mary catherine, so many people, kathleen sebelius i don't know if she will leads her health insurance because she works with the federal government. a lot of people working for corporations in the country looking for different system. >> that is the whole thing. there's change to a status quo that has been unacceptable, big business as well as small businesses said is too costly. and that individuals specially those who don't get their insurance through their employers and through medicare

and medicaid said this stuff is just driving me crazy. that is why we have so many uninsured. martha: juan, if you got a letter in the mail tomorrow from news corp, said, you know what? you're not going to be covered anymore. >> it would be upsetting. i have just said, we have stories like that. but i just don't think entirety of the story. when the president says we have to look out for each other, we have to look out for the elderly woman who might get sick as well as kid who might get into a car accident, i think that is rational. martha: people are very nervous right now about losing their coverage. >> change is not easy. martha: mary catherine. >> it wasn't supposed to be any change if you like what we had. why don't we look out for each other by telling truth about legislation before shoving it through. >> i agree with that point. >> it would not have passed if he told people some of them might lose their health insurance. martha: leave it there. horse pucky on everything. >> that is g, right? martha: mary catherine, thank you very much. juan you too. have a good weekend. >> take care, martha.

gregg: haven't heard that in ages. horse pucky. republicans accuse the white house of stonewalling on investigation may get long-awaited answers. south carolina congressman trey gowdy is here the pain started up the back of my head

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the blistering and the rash was moving down towards my eye. the doctors at the emergency room recommended that i have it checked out by an eye doctor. there was concern about my eyesight. when i had shingles the music stopped. gregg: the federal court of appeals blocked changes to the nypd controversial "stop-and-frisk" program, even booting the judge who ordered reforms off the case. rick leventhal live in our new york newsroom. rick, is this a victory for the new york police department? >> reporter: well, gregg it's a victory for people of new york according to police commissioner ray kelly who calls the stop and sometimes frisk. he says the goal was to get guns off the street and save lives. he says it is working. police and mayor long argued the judge on the case was biased.

that is what the appeals panel unanimously ruled. that judge shine line made public comments in opposition to it and ruled it avyings laugh 4th and 14th amendment rights for equal protection, a charge kelly denies. >> new york has never been safer. certainly as far as murders and shootings concerned. we're at record lows. we're at record low numbers of murders. something is working here. something is saving people's lives. as we said many times, the lives that are being saved, largely are lives of young men of color because that is who historically have been shot on the streets of the city. >> reporter: by the way the commissioner says at its peak each patrol officer was stopping on average less than one person per week. gregg. gregg: there is mayoral election in new york city next week. could this play a role? >> reporter: it might. bill deblasio, democratic candidate and front-runner is extremely disappointed with the decision.

he release ad statement we have to end the overuse of "stop-and-frisk." any delay continues unnecessary riff between police and people they arrest. his republican opponent said bravo. as i said all along the judge's bias conduct corrupted case and was not based on facts. the panel decision means "stop-and-frisk" can continue while the appeals process continues into next year. gregg: joe is way behind in the polls. rick leventhal, thanks. >> reporter: sure. martha: new documents show how many people signed up for obamacare on day one. actually "saturday night live" got it right, right? six people as "saturday night live" said. turned out to be the fact. gregg: amazing. new allegations against the woman who they used to handle tax-exempt organization at the irs. remember lois lerner taking the fifth. being accused of breaking the law now while the agency was targeting conservatives. ybody k?

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martha: well, we may now know why the white house has been so quiet about the actual obamacare enrollment numbers, because a shocking report says that on day one only six people actually signed up. the white house says that those are just notes, but those are the numbers that we've got so far. welcome, everybody, to a brand new hour of "america's newsroom." i'm martha maccallum. gregg: the exchange apparently had just about 248 people added by day two, but that is far, far short of the thousands needed each and every day for obamacare to hit its enrollment target to keep costs down. the administration is saying, well, the data is, as martha mentioned, unreliable, but even the white house does seem to be lowering expectation. here's press secretary jay carney yesterday before the dismal numbers came out. >> if you're asking me will enrollment be low, the answer is, yes, because that was always going to be the case.

martha: live from the white house with more on this, ed henry. it doesn't sound like the administration is on track to enroll its goal of seven million americans in obamacare this year, certainly. >> reporter: right. and what they're trying to do now, martha, is manage expectations. that's what jay carney was doing there. they're trying to compare it to mitt romney's situation oh so many years ago. in the early days people shopped around, talked to their spouse, and then they make a decision closer to january 1st. we'll see how all that pans out. but as you say, these early numbers are embarrassing. it's nothing short of embarrassing for the administration. day one, six people enrolled. and as you say, this is from the administration's own internal notes at the health and human services department. it was released by a republican critic, darrell issa, but he's getting information from the administration, and it's interesting because it may explain why kathleen sebelius and other top officials have been refusing to give us these numbers. take a listen. >> i want to give you reliable,

confirmed data from every state and from the federal marketplace. we have said that we will do that on a monthly basis by the middle of the month. you will have that data, but i don't want to turn over anything that is not confirmed and reliable. >> reporter: now, the next step in all of this is that the administration has been saying for a couple of weeks now that they will give us enrollment figures at the end of the first month. obviously, now that halloween is past, november 1st, here we are. do we get the numbers today? early next week? in fairness, there's still information coming in from call centers, various web sites and, obviously, it's pretty obvious now there have been web site problems, so whether that information comes in quickly or not is a big question. maybe it's early next week. martha: one person who's certainly scrambling is jeff simes because he's supposed to have this web site running at the end of november. i can't believe they're not

going to push that deadline further in terms of when they can disclose with the web site not even up and running yet. they've got a big deadline looming over them. >> reporter: they do, exactly how many people have been enrolled in the first month, that is coming. and the other big deadline, of course, for the end of march in terms of allowing people to enroll. the key is it's not just republican critics on the hill saying extend that deadline for the enrollment period, you've got at least ten senate democrats saying it should be extended because people have had so many problems. the administration late last night gave fox a statement saying, quote: these appear to be notes, they do not include official enrollment statistics. we will release on a monthly basis after coordinating information from different sources such as paper, online, call centers, verifying with insurers and collecting data from states. we are focused on providing reliable and accurate information, and we do not have this at this time due to the issues with the 834 forms. we have always anticipated that

the pace of enrollment will increase throughout the enrollment period. we just went back and looked at that "saturday night live" skit last saturday night joking about all of the problems, and on there they said, hey, the good news is millions of people are checking it out. the bad news is we only tested it to have six people on the web site at any one time. sometimes truth is stranger than fiction. martha: that's all over bitter this morning -- twitter this morning. six people managed to sign up on day one, and we'll see. they've set these markers for themselves, and we'll see if they're able to meet them. ed, thanks a lot. gregg: snl seems to be smarter than hhs. more democrats who supported the affordable care act are now joining calls to delay implementing key elements of it, including the individual mandate and open enrollment. chief congressional correspondent mike emanuel live in washington. mike, what are some of the signs of democrats being anxious about the health care law? >> reporter: well, gregg, good

morning. a number of democrats are expressing it openly. dennis mcdonough led a delegation to meet with senate democrats yesterday. his job was to reassure senators that the web site will get fixed and the law will eventually work. steny hoyer was critical earlier this week of the language used to sell obamacare. hoyer told reporters, quote: i don't think the message was wrong, i think the message was accurate, but it was not precise enough. and on wednesday with kathleen sebelius, the secretary of health and human services, testifying a house democrat vented. >> i'm concerned that these short-term enrollment problems could become long-term insurance market problems. my constituents are already losing confidence in the federal government's ability to pull this thing off, and i think the only way to begin to restore their trust is to delay the penalties until we're sure the system's going to work. it's not fair to penalize consumers when their noncompliance is not their fault. >> reporter: there are also a number of senate democrats on the ballot in 2014 from

conservative states. greg greg mike, what's the strategy of leading republicans at this point? >> reporter: keep the pressure on. they want the american people to know who brought them this law. >> so far washington democrats have resisted every attempt to exempt the struggling constituents that we all represent. the folks who ran this partisan bill through know it's not ready for prime time. and they seem to want no part of it themselves. >> reporter: the rough start of the healthcare.gov web site has many democrats worried this law could be the central election issue next year. gregg: mike emanuel in washington, thanks. martha: what can we expect in light of these revelations on the low initial enrollment numbers? and democrats, some of them, starting to get nervous about how all this is doing. chris stirewalt, host of "power play" on foxnews.com, so, you know, we've been listening to ed and mike, chris, and, obviously, this is causing some nervousness

on the democratic side. >> oh, that ain't just nervousness, miss martha, that is anger. they are mad because the president, there's been a lot of reporting this week about the misrepresentations and the misleading from the president and from the administration about if you like your plan, you can keep it, etc., etc. we have millions of people that are being thrown off of their policies because of the law. of course, the irony is that because of the bungle l in setting up the sign-up mechanism, those people aren't able to get on and sign up, and a great frustration for them. but democrats were told something, too, politically that hasn't turned out to be true which was, yeah, this law's going to be a liability for a while, but once we turn this sucker on and people start getting free stuff, well, you just watch. it's going to turn into an asset. and when you heard the president go up to boston this week, he was rallying liberal supporters of the law, but his message even to them was grind it out, he said. you're going to have to grind this out. that's not what democrats who

are vulnerable in the next election cycle want to talk about. they want to talk about getting past obamacare and saying, well, it works and it's okay. they don't want to hear grind it out. martha: yeah. the president seemed very self-assured on this, chris, when he spoke in boston, and he was, you know, looking at everybody, and all the people were nodding their heads behind him, oh, yeah, it's going to be great. and your mind goes back to nancy pelosi, wait until you find out what the bill is, what's in there, you are going to like it. so that's a wing and a prayer that a lot of democrats will have to campaign on and convince their constituents of, and they're going to have an uphill battle because we have some brand new poll numbers to show people a little bit about how folks are feeling in all this. this comes from kaiser health tracking poll. federal implementation of obamacare, fair, poor or only fair? 80 percent, 12 percent think it's good and 2 percent think it's excellent. i guess they're the six people -- [laughter] i don't know. i mean --

>> oh, ow. martha: who knows? what do you make of that? >> those numbers probably were substantially worse if you limit it just to registered voters, and it will become substantially worse still when you talk about who's actually going to show up to the polls in a midterm election. all you have to do is look at what happened to ken cucinelli. you talked about it. what happened to him in that race in virginia. he went from a double-digit deficit or a nine-point deficit to a three-point deficit during the span of a week. why? no question about it, it's obamacare. and fact that his opponent backs it. so this has real electoral consequences, and democrats who weren't behind the law to begin with, when they see poll numbers like that and results like this in virginia and these things happening, they're going to tell mr. president that they would rather not grind it out. martha: yeah. looked like terry mcauliffe was going to clobber cucinelli in virginia. if that race is even very tight in the end, it's going to send a signal that, no doubt, a lot of democrats are going to be watching closely across the

country. chris, thank you so much. have a great day, have a great weekend. and sign up for chris' daily political newsletter, fox news first. go to foxnews.com/foxnewsfirst and just put your e-mail address in there, and you will et request it -- get it. so what do you think about all of this at home, folks? what do you think about the six people? send me a tweet @marthamaccallum and chime in, let us know what you're thinking about today because we've gotten a ton of fascinating feedback from people at home, and people are nervous. they're pretty concerned. gregg: you know, the other aspect is it attires that -- appears that nine out of ten people who have succeeded in signing up, they're going on to the medicaid rolls which are already a mess. which kind of defeats -- martha: adding to the bottom line of the program. gregg: yeah. getting into the private obamacare stuff. martha: that's an excellent point. all right. gregg: new accusations of stonewalling nearly 14 months

after benghazi as fox news can now confirm that three witnesses to the terror attack will soon meet behind closed doors with lawmakers. reaction from a key congressman, trey gowdy, from south carolina who's been saying for quite some time now the white house is on shaky ground for keeping benghazi witnesses from congress. he'll be joining us next. martha: serious allegations that former irs official lois lerner broke the law. what a washed-out group is now saying they found in the trail of the documents and the e-mails. gregg: and there's nothing wrong with your tv, this isn't your ordinary air show fighter jets. no, daredevils in winged suits, where this amazing stunt was done. ♪ ♪ heart healthy, huh?!

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martha: boy, this is true bravery caught on tape. here's a texas policewoman who was shot in the face during a traffic stop. the shooter was later arrested, but the driver in the traffic stop and another suspect are still at large. the officer, anne, is going to be just fine. she spoke publicly about the incident yesterday urging anybody who has any information about the other two to, please, come forward. >> i'm somebody's daughter and sister and aunt, mom, and i'm hoping that you could identify with me on that level and would be willing to step up and help me. martha: well, the shooter is now charged with aggravated assault against a police officer. ♪ ♪ gregg: republicans who say the white house has been stonewalling them on benghazi at every turn, maybe they could

soon get some answers. fox news now confirming that three witnesses to the benghazi attack will meet behind closed doors with lawmakers about ten days from now. republican congressman trey gowdy sits on the oversight and government reform committee, he joins us live. good to see you. do you think or hope that these individuals will be able to shed some light on a great many things, not the least of which is whether the administration knew immediately this was a terrorist attack and, second of all, why no rescue was ordered? >> well, i hope so. these are three witnesses we, obviously, want access to all the witnesses. it's been well over 12 months. as you know, gregg, memories don't get better, evidence doesn't get better, crime scenes don't get better with time. we have have had access to these witnesses months and months ago, but now is better than never. but three is not going to cut it. i want access to everyone who has firsthand knowledge -- gregg: right. >> -- and we'll go wherever the facts take us.

gregg: the state department is saying, you know, that this will jeopardize the investigation and criminal prosecution. that was a letter sent from the state department to lindsey graham just a couple of days ago. you know, for the better part of a year the obama administration's been saying we're not objecting and obstructing these survivors from testifying. does it appear to you now by virtue of that letter that, indeed, they are? >> well, of course they are. it's sheer soft industry. i want your viewers, gregg, to consider this. i mean, a criminal process takes years and years. use timothy mcveigh as an example. from the time he bombed the federal building in oklahoma city until the time the sentence was carried out was six or seven years. so is that how long this administration wants us to wait? when a bank is robbed, is it okay for the fdic or the bank owners to go in and talk to the tellers, or do you have to wait

until the trial is over with? gregg: you know, in this administration pretty consistently says, oh, cases pending, investigation pending, can't talk about it. look, you're a lawyer, a veteran prosecutor for many -- there is no law that prohibits the government from the talking about an existing case, isn't that true? >> there is no law that prohibits it. and if you're telling the truth, that's the great thing about the truth is it doesn't take that long to remember it, and you don't need a script to remember it. think -- i was a prosecutor. think back to any category of crime. i did a lot of child abuse cases. are you really saying that the child can't talk to a therapist, parents, teachers, pastors until after the trial? is that really what the administration is saying, is you can't talk to anyone other than the da can and the cops until after the trial? gregg: the state department does have a rewards for justice program in which they literally offer millions for tips leading

to suspects in cases that don't involve the murder of americans, and yet let's put on the screen the box of the four americans who were murdered. as i understand it, there is absolutely no money being offered, no reward for these four americans who were murdered. are you offended by that? >> i'm offended unless there's a really good eczema nation that i haven't heard -- explanation that i haven't heard yet, and right now the administration would have to pay that reward out to journalists, because journalists haven't had any trouble finding these suspects. law enforcement can't find them, but reporters can. so that's the only explanation i can think of, is they don't want to write checks to reporters. gregg: until last weekend when "60 minutes" did a story, it sort of felt like fox news was really the only news organization that was consistently reporting and digging into the benghazi story. why do you think that is?

[laughter] >> oh, you're going to get me in trouble,. gregg. why was it? because this story is not helpful to president obama, and it's not helpful to secretary of state clinton who aspires to be the commander in chief. i don't know how to say it any more bluntly than that. this story broke in the throes of a presidential election. think back to the fact that candy crowley not only inserted herself into a debate, she inserted herself in a factually-incorrect way. hillary clinton can't have it both ways. you can't go talking about what a great job you did as secretary of state and not have to explain why was craig stevenses in benghazi the night he was -- gregg: chris stevens. yeah. representative trey gowdy, thank you so much for being with us. good to see you. >> yes, sir. thank you. martha: well, health care, of course, remains front and center today. from canceled insurance policies to sky-high deductibles that people are starting to

experience, more americans are starting to feel, for better or worse, the effects of what obamacare will look like. we'll going to hear from some people who say all they can do now is just hope for the best. gregg: "forbes" magazine named russian president vladimir putin the most powerful person on the planet ahead of barack obama. what does that say about america's standing in the world or lack thereof? ♪ ♪

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pronounce that -- martha i how to pronounce that after neighbors complained of horrible smells from fumes. the odor lasts for about three and a half months a year during the california pepper harvest season. the judge ordering a hearing later on this month. ♪ martha: all right. back to health care now because we're learning of the new reality for americans under obamacare which is now a month old today. more and more people from all walks of life have reported that they have gotten notices that they are losing their health insurance plan. many of them were happy with that plan, and now they are left to search for some new coverage on the exchanges before the other plan is done and gone. john roberts is live on this for us this morning from atlanta, and what are you learning there, john? >> reporter: good morning to you, martha. we know from industry experts that as many as ten million people could lose their current health insurance payoff the changes brought -- because of the changes brought about by obamacare. the president has told those people to shop around. well, a lot of them have been, and they're not finding a whole

lot. steven curry is an illinois benefits specialist and football planner. -- financial planner. blue cross blue shield is dropping a plan that he has now, one that he likes, a good plan because of obamacare. he can replace it for a little higher premium, but what is going to change dramatically are his out of pox expenses. his current plan is $3,000 out of pocket, but under obamacare guidelines, they will skyrocket. >> the issue is, is the insurance company has taken to heart the maximum out of pockets that obamacare has set in. they put in $6,350 single and $12,p700 a family for max out of pocket. >> reporter: other people are facing deductibles of more than $12,000, and for people who can barely scrape by as it is affording health insurance, that's simply something they cannot tack on to their monthly budgets, martha. martha: it could have a real ripple effect on the economy as

well, john. so what are you learning that people are doing to get creative, i guess, to figure this out? >> well, you know, and the creative notion that some people are thinking about, martha, and this is how bad it's getting, they're thinking of dropping their health care coverage altogether, paying the fine and simply rolling the dice with their health care over the next few years until they can find some sort of better option. for example, cade joyner, he just got a notice that his individual plan is changing, his premium is going to go up by about 70%. he's trying to make ends meet with a small business, create jobs. he says health insurance may turn out to be an expense he just cannot afford. >> it was going to be well over $400 a month. i'm a single individual. i've got a business to run, i've got eight employees, i have to make payroll and pay for fuel and other things, it just wasn't going to work at that high a price. >> reporter: and here's something else a lot of these people have in common, they're

caught between a rock and a hard place because they make too much money to qualify for subsidies but not enough to pay those higher premiums or higher out-of-pocket expenses. martha: that is exactly the zone, john, i think is really so hit hard by this. we spoke to a woman on this yesterday. john, thank you very much. >> reporter: yeah, betsy had quite a story. martha: she sure does. thank you, john. gregg: did lois lerner break the law? the serious allegations that the irs official did precisely that when she and her division targeted the tea party and conservative groups. martha: and you only thought fairy godmothers were for the movies, right? a judge playing a fairy god mother in costume and in real life for a bunch of kids who do not have homes and families. see what she did. ♪ ♪ so ally bank has a raise your rate cd

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♪ ♪ gregg: well, a new bombshell in the scandal over the irs targeting conservative groups. the watchdog group judicial watch says former irs official lois lerner broke the law when she shared the highly confidential tax information of

several tea party groups with federal election officials. jonah goldberg, a fox news contributor, joins us now. so, that, the election commission, you know, goes to the irs and says are these legitimate tax-exempt groups, and that requires a yes or no answer. instead, lois lerner gives them a slew of documents, including tax returnings. i'm trying to think of a legitimate reason for her doing that allegedly. are there any legitimate ones? >> it's very hard to say. i mean, you can imagine her giving a yes or no answer and then maybe a little more information, maybe sending the public 990 forms which is the disclosure form that nonprofits do. you can imagine her being a little cooperative. that she wet beyond cooperative and actually, it appears, it appears that she went beyond cooperative it looked like and tried to actually provide confidential

information. and, you know, this is part of a larger pattern at the irs. we know that someone at the irs illegally leaked information about the national organization for marriage which is a felony in the context of a ballot referendum. gregg: you know, i looked up the federal law on this, we'll put it up on the screen here. it's very clear. no officer or employee of the united states shall disclose any return or return information obtained by him in any manner in connection with his service. now, if this is true and the documents would appear to speak for themselves, we haven't seen them, judicial watch says they've seen them, she would have committed a felony. it's not clear, though, whether that is one of the reasons if not the sole reason why she injoked the fifthsome -- invoked the fifth? >> there could be a lot of reasons why she pled the fifth which is one of the reasons why i think darrell issa might want to give her some immunity to

find out what else she knows and what she did. it might also mean she might need to go to jail. it's very clear she was a pretty partisan, ideological liberal, and in some ways there's this hunger to go all the way up to obama and find some proof obama ordered this. i doubt that exists, and in some ways that's scarier because it kind of indicates that the irs, which is supposed to be the most sack sacrosanct, nonpartisan institution in our government, has essentially been corrupted by ideology and politics and is voluntarily working for one party rather than playing it straight, and that's a pretty scary thing. gregg: well, and it's not just giving away confidential information that is allegedly a felony, but there's that nasty little statute abuse of government power. if you use your official federal government office for political purposes, ie in this case allegedly targeting tea party groups, i mean, that's also a crime here. now, she's no longer with the

irs, but i think she's got a nice hefty pension -- >> she was allowed to retire rather than be fired. gregg: you've got to love that system. >> and -- gregg: go ahead. >> putting this into context, this is one of those phony scandals that barack obama tried to dismiss a while ago, and the problem is that these are the same people who are going to be required to enforce, essentially, obamacare. and, you know, liberalism itself is undergoing quite a crisis of confidence right now, and here we have the irs which is supposed to be as immune to politics as any institution in government turning out to basically be hatchet men for a partisan agenda, or at least that's the way it looks. that is bad news for larger than lois lerner, it's bad news for the administration and liberalism itself. gregg: well, and isn't it interesting the irs is there to enforce penalty in the form of a tax that which people cannot even sign up for and yet are violetting the law, and the irs is supposed to enforce that.

what a quagmire, huh? >> it's sort of a catch 22 situation. the irs is going to ding you for something you can't do. and, you know, you add to it sort of the general pass tissue that is coming out of washington, and it looks like a bunch of quasi-corrupt people who can't do their jobs competently. that is not a great image to have for liberalism. i mean, at least conservatives say the government can't run your lives, and then as.j. o'rourke says, they get elected to prove it. but the democrats say they can do everything. gregg: jonah goldberg, good to see you, thank you for being here. >> good to be here. martha: more dramatic testimony in the trial of a utah doctor who is accused of murdering his own wife. while she was recovering from cosmetic surgery. the prosecutors in this case say that martin macneill gave his wife a lethal cocktail of prescription drugs and then helped her into the bathtub where she died. alicia acuna is live on this

story from denver. what do we expect today. >> reporter: hi, martha. we're expecting more medical expert testimony. on the list, the medical examiner who also performed anna nicole smith's autopsy. he will take the stand as the state-paid expert, and he will tell the jury that michelle macneill's death was drowning. she was found by her 6-year-old in 2007 fully clothed in this her bathtub. yesterday we heard testimony from utah's chief medical examiner, dr. todd gray. dr. gray changed mrs. macneill's cause of death from natural -- which was done by a subordinate -- to undetermined due to the amount of drugs found in her system. he testified he could not go so far as to call this a homicide. the prosecution challenged that. >> if you were to learn that the defendant here had told somebody or others that he had drugged up michele macneill and convinced

her to get into the tub and held her down for a little bit and it caused her death, would that scenario be consistent with how michele macneill may have died here in. >> yes, it certainly is possible. >> reporter: dr. martin macneill insists he is innocent. some family members insist he wanted his wife dead to continue an extramarital affair. martha: we also heard from one of the daughters in this case, right? >> reporter: we did, alexis summers who, from the beginning, has said she believes her father was involved, and the defense has used that to point out inconsistencies and statements she made to investigators, the message being that she's really wanted to get a conviction on her father all along. they also question why she tried to obtain her mother's medical records, and on recross, prosecutors let her explain that was because she believed her dad

killed her mom. now, testimony is just getting under way, we're told it is a cardiologist who has just taken the stand. martha: all right, alicia, thank you very much. what a case. gregg: federal officials announcing the discovery of a very sophisticated drug tunnel between san diego and tijuana, mexico. the span nearly a third of a mile long, about 35 feet deep. look at that. complete with electricity, ventilation, even a rail system. feds say it must have been designed by architects and engineers. >> we emphatically put the mexican drug cartels on notice. attempts to evade u.s. law enforcement by taking operations underground were doomed to failure. apparently, they ignored our warning. gregg: three suspects now under arrest. officials secured two similar tunnels near that location back in 2011. however, they shut them down before they could be used to smuggle drugs. martha: all right. well, so much, perhaps, for

being the leader, number one in terms of leadership in the free world. what to make of vladimir putin replacing president obama on the most powerful person on earth list by "forbes" magazine? we'll debate. gregg: plus, nice work if you can get it. look at this. the job of daredevils and the landmarks they fly by in this stunt. ♪ ♪ [ male announcer ] progresso's so passionate about its new tomato florentine soup,

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gregg: some breaking news in midtown manhattan, left-hand side of your screen. there you see emergency crews. apparently an object from a building blew off a landing and landed on a scaffold damaging the scaffold.

three people are being treated on the site. nobody has been taken to the hospital so far. the area is being roped off. fire department and police assessing what caused the situation. we can tell you it is not only rainy in new york city but heavy, heavy winds right now. don't know if that is related. we'll continue to follow it. martha: under the radar this week but it's a big issue. there are new questions about our nation's standing in the world after "forbes" magazine ranked russian president vladmir putin as the world's most powerful person in 2013. replacing president obama who is in number two. china's communist general tech -- secretary is in third place. pope francis in fourth place and angela merkel is in fifth place. what do you think about that? jemu green, fox news contributor. michael graham, radio talk show host. welcome to you. we watched back and forth

between president putin and president obama and there was discussion then president putin of russia was seeming to be more in charge than the president perhaps. that was the criticism of our president at the time. what do you make of this ranking by "forbes"? >> it's a bit ludicrous, reports the fact that the president of the united states is no longer the leader of the free world have been widely exaggerated. let's consider the source here. this is the collective wisdom of the forbes editors. putin is a dictator for life, not a president for five years. and of an economy that is 1/the size of the united states. and also, martha he is a bit of a buffoon. martha: well, that may be. that may be. we watched interesting exchanges had a lot of people raising this issue, michael before forbes even put it in their magazine. >> hey that buffoon is kicking obama's butt. you say there is back and forth between obama and putin over

syria? take it back from us, please. we don't want it. i think president obama is ranked too high because he is ranked three because kathleen sebelius has something to keep her job. she must have photos of him. the fact that widely incompetent person can't get fired by this guy shows his limit. i just point out, doesn't matter how big your gun is if you're never willing to shoot it. when motto of american force abroad is incredibly small, of course russians are ahead. of course putin is more powerful than obama. martha: you know, we learned edward snowden was given a tech job in russia. he was clearly protected by the russian government when we asked in no uncertain terms he please be sent back because of the nsa infractions. that was basically thrown back in our face. you look at the relationship has deteriorated to some extent with israel. you look at our relationship with saudi arabia which is not in any way what it once was on the world stage.

and it raises a lot of these questions and, dick cheney, i know it is not going to come as a surprise to anybody he feels this way, but he spoke out about this earlier this week and i want to play that for you. >> if we had a presence over there, if we had been able to continue the policies that we put in place, if we had been able to work to keep governments, establish government that is are stable, willing to defend their own sovereign turf we would be much better off. now we're in a position where our adversaries no longer fear us and our allies no longer trust us. martha: jemu, what do you think about that. former vice president cheney says our friend don't trust us. we learned a report that angela merkel, the german government wants to talk about edward snowden because they want to know about her phone being bugged. do our friends no longer trust us and our enemies really no longer afraid of us? >> i think our friends certainly don't trust former vice president dick cheney. look at this ranking.

if the forbes editors made this decision based on syria, they failed to notice that that was a diplomatic triumph worthy of a noble peace prize and by president obama, not putin. we secured their chemical weapons. that was the greatest threat to the united states, terrorists could get their hand on those chemical weapons and do an attack like we saw in the tokyo subway. got the weapons without one shot being fired. that is what people wanted. congress was involved with this. if putin wants to grandstand and take credit for this protected assad's life? yea for dictators. for us we secured weapons and made them blink after threatening a streak. that is leadership. >> i have to step up and russia phony baloney elections. he is not a dictator. he had to step down. they're technically pretending to have elections the idea we got that done in syria. ask you a is simple question. if you are a small country who

are you least anxious to have mad at you, russia or us? we get mad we send john kerry over with annoying plate of cheese. >> i'm american. martha: so over time. getting big trouble in the control room. jemu, michael. thank you for your time. gregg: plate of cheese. let's go over to jon scott standing by for "happening now." hey, jon. >> no choose on our show today, gregg. gregg: all right. >> obamacare rollout troubles continue unabated, word now six people, six were able to sign up on day one of the affordable health care exchanges. we're getting new info how badly the rollout was botched. we have analysis and news coming up. plus our first obamacare town hall on "happening now." what questions do you have? some of them on tap, how much will it cost to fix the websites? could this end up resulting in a single-payer system? do new policies really mean better coverage? tweet your questions at

happening now. we'll be up in 10 minutes. gregg: looking forward that to, jon. thank you very much. do you recognize the star behind the costume? who ditched glamorous look for a geriatric get-up? we'll tell you made

gregg: toronto's mayor in some legal hot water these days. place say they found a video showing the mayor smoking crack but not enough evidence to bring charges. jonathan hunt with the details from our new york newsroom. jonathan, the mayor a little unhappy with these allegations i assume. >> reporter: to say the least. very few facts in this, gregg, but here is two of them. mayor rob ford is colorful character. he sometimes enjoyed the attention. he is not enjoying it now. look at this. >> can you get off my driveway, please? can i get off my driveway place.

get off might have property. take it off my property. >> i'm leaving. >> thank you, thank you very much. >> reporter: as you can see from there the mayor is very unhappy. important to point out he is not at this point charged with any wrongdoing, gregg. gregg: what do we know about allegedly incriminating video? >> reporter: we haven't seen it and police have. they say it does indeed show mayor rob ford. here's the cops. >> that file contains video images which appear to be those images which were previously reported in the press. i think it is fair to say that the mayor does appear in those, in that video but i'm not going to get into the detail of what activities is depicted on that video. >> reporter: here's mayor ford's response to that. >> i wish i could come out and defend myself. unfortunately i can't because it

is before the courts. and that is all i can say right now. >> reporter: but the trial of an alleged drug dealer who is tied to mayor ford is coming up. we'll find a lot more then, gregg. gregg: have to have a little more physical evidence than just videotape. jonathan, thanks. martha. martha: there are stunning new documents from hhs on obamacare that show only six people and the white house says these are just notes but that's the number, six, signed up on day one. what else are we learning about what's going on? we'll be right back. the day we rescued riley, was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most.

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>> up in the sky, a bird, a plane, no a couple stuntmen in wingsuits flying over bogota, columbia. flying over a famous catholic shrine at 10,000 feet above sea level. do the not try this at home. martha: we asked you who you thought the elderly woman was? it is heidi klum with aged spots

and varicose veins. heidi, that is more power to you. that is the last thing i would ever dress up on halloween. reality is scary enough. >> never look at her the same way. martha: "happening now" starts right now. bye-bye. jon: we begin with brand new stories and breaking news. jenna: the obamacare rollout worse than anyone thought apparently. embarrassingly low sign up numbers in one report. how the white house is explaining them. survivors of the benghazi terror attack preparing to break silence despite government best efforts to keep them quiet when we could hear their stories from the ground. the holiday shopping season is officially underway, november first, that is what happens, right? we'll explain why you could see the deepest discounts ever and before black friday even rolls around. it is all "happening now"