>> talk to your kids see if they want you to bring one home? >> you can celebrate the book. >> thank you for joining us. we'll be back tomorrow, same time, same channel. so long. bill: a fox news alert. kathleen sebelius answers questions before a senate committee this morning and you will see live. good morning. it's going to be a big day for this law today. martha: lawmakers are releasing 100 pang -- 100 pages of notes. the documents show what happened at administration officials

started to scramble when they realized healthcare.gov had more problems than they realized. >> reporter: a week into this rollout none of the known fixes were working. they were basically calling audibles behind the scene. here is something from october 8 dealing with the identity management system which is one of the first things users deal with. it says the idm fix is taking longer than expected. it's a new take on how to fix the problem implemented today. yesterday mayor taken -- yesterday marilyn tavenner explained none of the fed saw this coming. >> we anticipated high volume,

then we ran into the issue with the establishment of the e-mail accounts. so we had a problem solve for that. those were two things we did not expect. >> reporter: something else are some limited enrollment statistics that show between a handful and a few hundred people at a time signing up. we'll get the full enrollment numbers for all of october next week. bill: november 15 is the target they have been talking about. what do you expect to hear from kathleen sebelius. >> the chairman of the committee is max baucus. he's not up for reelection and he called the healthcare law a train wreck. an increasing number of democrats called for the enrollment deadline to be extended. bill: peter doocy from d.c.

here is martha. martha: kathleen sebelius takes the hot seat at the top of the hour. as soon as that hearing gets underway we'll go there live. we'll speak to a top republican on that committee. senator orin hatch -- senator orin hatch is americans are tired of this. democrats quote urging carriers to extend the canceled policies that do not comply with the law. so far close to 4 million policies have been canceled. think about that. all across the nation. 22 states and the district of columbia. analysts say they believe in the end this is just the tip of the

iceberg. stuart varney joins me now on this. that map is stunning. tell us what's going on with these insurers. >> reporter: you are watching the demonization of the health insurers and it's obscuring the essential truth of obamacare. they were told these plans do not conform to balk care, cancel them, so they canceled them. now the california insurance commissioner is saying that was a bad decision. it's not necessary. let those consumer keep the plan that they have got and that they like. they are telling the health insurers you have got to keep these plans even though the administration, obamacare is saying you have got to cancel these plans. strong arm tactics and the

demonization of the health insurers has worked politically in the past. but this time around it may not work because obamacare says those ploons may not be offered. -- those plans may not be offered. some of the consumers in california may end up paying the deductible twice next year. it's strong arm tactics. it may work and that may spread to other states. martha: will they have to give insurance companies an incentive to continue those policies longer? in order to get them on board in the first this they gave them incentives. >> reporter: i know of no incentives to allow them to extend. maybe in the fine print, i certainly have not seen it. they are simply being told, extend. it's the politics of do this

because what he say do this. martha: they are hoping they can get people over that bridge of worry that people look at when they go from december to march with no coverage at all. bill: one congressman demanding to know what the enrollment numbers are. who signed up and who will pay money. 6 people signed up day one. a couple hundred the day after that. senator camp wrote a letter to marilyn tavenner, she is in charge of the website, asking for the latest numbers by this friday, fearing that low enrollment could lead to a spike in premiums. we are 50-mile-an-hour us away from sebelius. what do you think at home. what do you want to hear? what would you ask kathleen sebelius? if you were one of those not members what is the first question in your mind.

martha: the first round of all this was about the website. how could this not be working. what did the president know about this website. but since then in the period in between people have gone to the next level of realization on this which they have gotten letters in the mail saying you will no longer have your insurance policy. we'll see a lot of questions focused on the next level of what obamacare is like for people. send us a tweet at martha maccal i am anat march --@marthl hemmer. >> new jersey governor chris christie winning his second term by a huge margin. while a little-known republican took on unbeatable odds and fascinatingly came up just shy

in virginia with really no help from the gop. first governor christie at his victory with a message for washington last night. >> i know if we can do this in trenton, new jersey, maybe the folks in washington, d.c. should tune in their tvs right now and see how it's done. bill: on to virginia we go. the attorney general cuccinelli was outsent by $15 million. take a look at the results cuccinelli losing to mcauliffe 48-45. 53% of virginians believe cuccinelli's stands is the right stand when it comes to the

healthcare law. what's up with that? >> reporter: take virginia. almost every poll in recent month had ken cuccinelli down by an almost inyou are mourn thible margin. double digits. badly outspent, looking tv charisma and accused of not fighting back against scurrilous charges of being anti-woman. some say had the election been held next week cuccinelli would have won. in new jersey chris christie cruising to a landslide victory. how did he do it? >> doing what needed to be done, to bring people together and achieve what we needed to achieve to move our state forward. >> reporter: many say christy instantly becomes the front

runner for 2016. but does he? look at this tweet from march levin. another republican who cannot run against obamacare. thy name is christie. we are going to try to fix this and make it better. christy does not repudiate obamacare. earn exit poll shows christy losing to hillary clinton in new york by 6 percentage points. bill: what do you hear about the argument that conservatives didn't throw more money into the election. >> reporter: the rnc denies that. critics say the gop stabment may be moving away from the tea party and perhaps doing it at their own risk unless they

present another moderate candidate like a mitt romney who may not fire up the base. others say the rnc and republican party need to move away from the tea party. that's the interparty battle. bill: there was a libertarian who picked up 7% of the overall state vote. if he wasn't in it maybe the outcome would have been in it. cuccinelli was a strong charge but it was not enough. martha: to lose by less than he was ever separated by. he lost by 3%. it was an extraordinary turn of events. a lot of people scratching their heads over what might have been a lost opportunities for republicans in virginia. coming up, the white house is on defense over the president's promise that americans could keep their healthcare plan.

>> he now acknowledges that was a mistake. that that was problematic an shouldn't have said it. >> it's a little more complicated than that. martha: it has everybody shaking their heads this morning. bill: a mayor refusing to step down after a shock admission. can you admit to smoking crack and keep your job? martha: that's an interesting question. plus, was he just following orders. new details emerging about the bad behavior of that football player suspended for bullying a teammate. >> we'll weather the storm and that's it. the. >> reporter: your status with the dolphins?

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martha: we are learning more about a terrifying shooting incidents in new jersey. the brother of the man who police say opened fire at a new jersey mall says his family is stunned by the actions of richard shoop and they did not see this coming. >> my brother intended to harm nobody but himself. he sadly decide to make an acts of i guess self-indulgence by taking his own life publicly and it's a tragedy to us all. we are going to attend to matters and deal with it. >> he had taken his own life in the back corner of the mall. no one else was injured.

bill: we are ear of waiting testimony -- we are awaiting testimony from kathleen he bealeups on the millions of americans whose policies have been canceled. >> reporter: good morning to you. bill: your first question to her? >> there are a lot of questions. i can't their off it down. we are going to -- i can't narrow it down. we'll ask why all the costs are going to jump in the eyes of almost everybody. we have to know why she hasn't answered our letters from last april. why she doesn't cooperate with the most important health

committee on capitol hill and why we can't get responses back on these important issues. bill: i'll give you another one. i will show viewers of the map of americans getting letters every day about the cancellation of their insurance. what do you have to say about that? >> there will be at least 8 million. right now it's 3 or 4. but people can't afford what they are trying to do. the youth who are supposed to pay for it all, they are not going to sign up. there are so many problems with this bill. we predicted that from the start. i think the democrats have to be embarrassed by pushing this the way they have. it's been 100 pushed by democrats. when you have a bill passed on a party line basis you now it's a lousy bill.

bill: i'm sure you have heard the clips if you like your doctor you can keep your doctor. this is from september 26 of 2013 in largo, maryland. >> i want to speak plainly, clearly and honestly about what it means for you and the people you care about. let's start with the fact that even before the affordable care act fully takes effect. 85% of americans already have health insurance either through their job or medicarer to the individual mark -- or medicare or the individual market. if you are one of these folks it's reasonable that you might worry if healthcare reform will create changes that's a problem for you. especially when you are bombarded with fear mongering. the first thing you need to know is this. if you already have healthcare,

you don't have to do anything. bill: how does that sound? >> it certainly wasn't true. whether he knew of it wasn't true is problematic. if we had 85% of the american people covered by healthcare, why did we throw the whole system out and run into this tremendously mistyifying bureaucratically ensnarled obamacare. we could have done it with a lot less cost and burd to the american people. these things lodge yo -- these y out, what's the matter with these people. the only solution i can think of is to elect republicans in 2014. you saw that, bill clinton was

not a great president before we got both houses of congress. he started to work with us and he became a fairly decent president with regard to the political structure. and how you run the government. i think that's the only way this president will become a good president is to have them have to work the republican house and senate. i guarantee he will have to work with us or we'll overrun him. martha: new details in the case of the miami dolphins player who is accused of bullying a teammate. reports of what the team may have known about what was going on. bill: white house press secretary under fire for trying to explain the inexplicable. >> why doesn't the president

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bill: the white house is back in the tour business. the president and his wife michelle surprising tourists. the tours were canceled in march after the spending cuts took effect after sequestration. so there is new reports that the nfl player accused of bullying and harassing another player was told to do it by his boss, the coaches, the higher ups in the team.

ritchie incognito was suspended indefinitely after allegedly threatening his teammate jonathan martin. >> reporter: what do you have to say about the storm you are in? >> i'm trying to weather the storm. this will pass. >> reporter: there is an allegation you left voicemails. >> no comments right now. we are going to kind of weather the storm and that's it. martha: each harrigan is live in miami. tell us about these reports that it came from above that he should toughen up, i think are the word, jonathan martin. >> reporter: those reports are being published in the florida sun sentinel.

these orders came allegedly after martin missed two voluntary training sessions with the team. incognito was a member of the leadership council. that may be why the owner of the team has called for an outside independent investigation of what conditions were like in the workplace. as far as jonathan martin left the team he has been out in california with family members. he's still on the dolphins 53-player roster. he's still collecting his $35,000 weekly check. richy incognito has had all his gear pulled. the dolphins will probably pull the public service announcement where he pokes fun at his own reputation when he asks the fans

to behave. >> hi, i'm ritchie incognito. players have called me overly aggressive on the field but off the field i'm quite civilized. smashing. >> reporter: the dolphins are not saying whether they are continuing to pay incognito his salary while he's on indefinite suspension. lovely game of croquet. it will be his word against theirs. that will be interesting to see unfold whether the team told him to toughen the guy up. they say they know nothing about it so far. bill: the white house unfire for the president's own word -- the white house under fire for the president's own words. we'll play part o part of that u

in a moment. martha: the mayor of toronto admits to smoking crack but he he he's not stepping down from his job, no way. >> yes i have smoked cocaine. am i an addict? have i tried it? probably in one of my drunken stupors. ♪ at any minute... ...you could be a victim of fraud. most people don't even know it. fraud could mean lower credit scores... ...and higher interest rates when you apply for a credit card. it's a problem waiting to happen. check your credit score, check your credit report, at experian.com. america's number one provider of online credit reports and scores.

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on the botched rollout of obamacare. kathleen sebelius is the only witness today. senators ready to grill her. we'll bring you that live as soon as sit begins now scheduled for 10:00 a.m. eastern time. martha: press secretary jay carney trying to defend president obama's memorable promise to americans. reporters pressing the white house to admit the president misspoke when he said if you like your healthcare plan you can keep it. here is mr. carney's answer to that question. >> the president was refer together law and the fact the law was written in a way and everybody who closely covered the drafting of that legislation knew of the grandfathering clause in the law and he was referring to the implementation of that law through the rule

process. when the rule was issuered secretary sebelius and others spoke to the press about the fact that not everybody if insurance companies change their plans or cancel their plans they would give up the opportunities to grandfather those plans in. martha: alan colmes joins me now. and tucker carlson. editor of "the daily caller." jay carney has a tough job right now. they are coming at him from the front row. that answer just went on and on and on. i'm not sure what he said. >> it's all they have got. here are some word that don't make sense and shame on you for asking questions. the reason they are resorting to nonsense. this is a big deal. they can't admit what the president said is untrue. here is the real truth. if people had known millions

were going to lose their existing coverage under obamacare. obamacare never would have passed. if romney had known his and were able to prove it would obama have been elected? this goes to the center of obama's domestic program. this is the core of this whole program. martha: i don't know what else jay carney can do. he's in a very, very difficult position. >> he's got a tough job as press secretary and they need to say the president misspoke. that goes a long way toward forgiveness andletting the public know you are -- and letting the public know you are honest mistake. >> i would say we didn't count on the insurance companies

canceling so many policy because they didn't live up to the rule of obamacare. it's an insurance company issue which probably need more regulation. which is wha what obamacare did. martha: that's like saying the fed moved interest rates but we had no idea it would be a problem. >> he would say you keep your plan if months, but a lot of it depend on what insurance companies plan to do. martha: that would have scared the bejesus out of people. you would have an entirely separate meaning. he didn't misspeak. he knowingly lied and he did so for political reasons. we know he knowingly lied because his staff admitted it. read the "wall street journal" piece. >> the "wall street journal" is

a conservative publication. >> they quote aid saying we knew that the law we wrote ... martha: we are starting to learn what is going not west wing when all of this started to unravel and you can bet there will be a lot more people covering their own you know what to say i raised my hand and said think it wasn't going to fly. let's look at the president's new approval numbers at 39%. one of the things i think is also raised by this scene in the white house briefing room is where were these hard pressing questions from the broader press before this got passed? there were folks out there as we well know who were saying, you know what? i think a lot of people might lose their health insurance plans. and they were told, you sit down and be quite. >> we are talking about 80% of the population. in terms of those poll numbers.

george w bush had a 40% approval rating. exactly where president obama is rate now. martha: i'm not sure 80% will be able to keep their plan. >> 80% get tins through their companies and they will keep their plans. that study has been done through brookings. martha: not a day go by that i don't hear from a friend who says i got a letter in the mail. >> plans you get through your employer will change. but the idea we need to break a few eggs to make an omelette turns voters off. that's why you saw cuccinelli won the majority of independent. >> he lost the election. >> you are right. but break down the numbers and you will see cuccinelli won independent. how did that happen?

>> mcauliffe did very well with women. that's why he won. martha: tucker, thank you so much. we'll see you next time. bill: a live look at the hill. kathleen sebelius will be in front of that camera in matter of moments. what will she say today? we are hanging on to that. martha: toronto's mayor admitting the unthinkable. i smoked crack and i want to keep my job. can he? >> get off my property. take it off my property. >> i'm leaving. >> thank you. thanks very much. get off my property. thank you. thank you very much.

>> you asked me a question back in may. you asked me a couple questions. what were those questions. >> reporter: do you smoke crack cocaine? >> exactly. yes, i have smoked crack cocaine. but do i? no. am i an addict? no. have i tried it? possibly in one of my drunken stupor. bill: that's the embattled mayor armayorrob ford. fraser see you tell is a p.r. and image consultants. by law he cannot be forced out. is that right? how does that work? >> right now he cannot be forced

out. it's possible the provincial level of government can do something, but they haven't moved to make any decision on that front. bill: based on what he said yesterday, he's hanging on, is that right, jamie? >> he is hanging on. bill: what are you hearing from people in toronto? >> a lot of people seem disappointed. not just with the admission yesterday but the fact that he has been lie being this for several months. in may two of our reporters at the "toronto star" watched a video of the mayor appearing to smoke crack cocaine. the mayor said he couldn't comments on a video he hasn't seen or didn't exist. we found out his best friend alexander hissy was makin -- lig

phone call to the get the video back and he's been charged with extortion. bill: why do the police have it? >> we believe a man by the fame of mow ham add siad and he has been arrested in a major gun and gang sweep in june. it was targeting a gang in t in etobicoke. they arrested hundreds of alleged gang members. and the police realized using data analysis that they had the video clip deleted from a hard drive. >> how do you handle from a clients like this? >> the key to public relations is four word. do the right thing.

so the advice here, the right thing to do, but would i tell him if he hired me, which by the way he won't, is immediately step down. stop punishing the people of toronto. number two, seek help. get rehabilitated. then number three if after rehabilitation you want to try to make a comeback. then come back. but right now you are holding the city of toronto hostage. he's got to step down. bill: this man has a tendency to talk. he demonstrated that already. it's quit likely he could do another under view today. >> it's quite likely he could. we have had marion barry who smoked crack, caught on tape, went to jail. the mayor of san diego, a serial groper, he refused to step down. anthony weiner did the same thing. saying i didn't do it. finally he stepped down.

this guy is worse. he's anthony wiener on crack. he's got to step down. bill: the law can't force him out. so back to jamie in toronto now. would you expect him to speak again? has he been a popular mayor to date? >> this mayor is full of surprises for us. i wouldn't be surprised today if he spoke again. he has a very large base of support. mr. ford is seen sea monksment people in toronto as a regular guy, the people there. there are lots of people that like him. or at least did like him have much before this scandal. so it's hard to tell where this is going to go. he says he's going to run next year for reelection. and if he's still around he can do that. i guess well have to see if he can win. bill: when you walk out on the streets of toronto what are

people saying? what is he talking about? >> there are people who are angry about what's happening. they feel toronto is becoming the laughingstock of the world. that's difficult to deal with. some people feel sorry for him and think he has personal issues he need to deal with. bill: it's taken on a life of its own, especially the incident from the driveway and the press conference yesterday outside the office. we'll see what he does. fraser see you tell advises people -- fraser se -- martha: he's an interesting character. but we'll see. we have a big morning coming up. it's going to get rolling just a few minutes away. at the top of the hour kathleen

sebelius will step into the room as they get ready to level questions at the hhs secretary. what will they have some to say? bill: a big flight for the knowledge very governor chris christie. he got 60 per of the vote in a democratic state. >> i did not seek a second term to do small things. i sought a second term to finish the job. now watch me do it. a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch.

for brakes, tires, oil, everything. (whi)

martha: a republican star. new jersey governor chris christie clinched 60% of the vote.

it hasn't been done since the 80s. barbara bono came up short. take a look at some of the internals on these exit polls. very interesting for chris christie. 66 percent of independents vote for him. 57% of the women and 51% of his and is. all of those number ofs increase the support he had back in 2009 from all these groups. so what did he do right for himself in his election last night? katie, great to have you with us. a lot of people looking at these races in new jersey and situation are the lessons here for the coming election. this is what everybody was scratching their head about in 2012. what do you make of it?

>> i think one of the most important things he was able to rise above was the war on women rhetoric. he was running against a democratic woman. we have seen the war on women rhetoric sink a lot of those campaigns. he went to those voters and said this is what i have done for you and this is what i'm going to do. he stuck to that message and we'll see republicans are hope any going to take some notes. they need to win some elections. republicans have had a hard time not only winning in blue states but red states as well. >> reporter: chris christy is a pro life catholic. cuccinelli is also pro life. he says he's against same-sex marriage but he dropped his fight against tonight the state. he said these issues are important to me personally but it's not what we need to be focused only. is that a position other

republicans might find works for them? >> i think so. the difference between virginia and new jersey is in vait was the left and democrats who made social issues an issue in that race. in terms of new jersey they tried to bring those social issues in but because of chris christie's record in that state with tax cuts, bringing people to the table and focusing on issues democrats and republicans care about, for example, school choice and expanding those options for kids and their parents and better ask choices, that's something that trumped this idea much bringing in these frivolous social issues in terms of the war on women rhetoric we have seen throughout these races. march where let's look at the cuccinelli and mcauliffe race. we were talk being the polls going into this that they narrowed to 4%. then you receive the final

number last night's it was a cliff hanger. he won by only 3%. what does this tell us about healthcare? >> it tells us people aren't liking that their healthcare plans are getting canceled. northern virginia went for terry mcauliffe. northern virginia is filled with federal employees not affected by obamacare. the rest of virginia, small business owners and the people with those individual insurance plans getting cancellation notices came out and said i don't want to vote for someone backing obamacare who president obama came into the state to campaign for. we have seen the split went urban and rural areas when it comes to what the priorities are. martha: two interesting states when you look at the national big picture. katie, thank you. bill: she sea poll jietds for the rocky rollout, but that's where the questions begin.

she testify fay.

martha: round two about to get underway for kathleen sebelius. the embattled health and human services secretary will walk into the room to face questions about the messy rollout of obamacare and even more so today about what happened after that. many people receiving notices their insurance policies will be ending. bill: last week it was the house panel. today the senate gets a shot. there are a number of members on this committee who have been extremely critical of sebelius and obamacare.

mike emanuel celts thmike eman*u heard the democrat from ma maryd yesterday saying there is a deficit of confidence crisis. when you look at it, democrats were the ones who helped pass this bill into law and have been asked many times to defend the bill, defend the law when republicans tried to delay or defund it. they stuck their necks out and now they are hearing from their constituents that their constituents are losing their healthcare coverage that's of them liked. now they want to know what's being done and how quickly will it get fixed? >> what is your expectation

about the enrollment numbers. people who signed up and are ready to pay. >> we heard the administration say multiple times it will come out in mid november. republicans are anxious to get their hands on numbers sooner than later. the age of those people, whether they are older people hole need benefits. whereas young and healthy people will shell balance theee quaition. so there is a lot of concern about how many people are actually able to get through this website to sign up for the healthcare and what composition in terms of demographics those folks are. bill: mike emanuel on the hill. march where let's bring in chris stirewalt. what do you expect in there today? >> lots of loud noises. it will be necessary for democrats to demonstrate anger, indignation and outrage.

as mike mentioned, if you lost bash what mukulsky, you lost them all. because of the president's non-promise promise if you like blank you can keep blank, because of the failure there, it makes the technical failure of obamacare much, much worse. so democrats need to look angry. martha: we saw tavenner get a grilling from barbara mulsky. she has gotten angry phone calls from constituents nobody wants to see come in the mail. that's the difference between this time and last time. last time it was all about the website. in the ensuing week it's become

all about people realizing they are part of this mess and they have to figure out what to do and they are scrambling. >> the decision by president obama to undo his own promise about if you like it you can keep it. his decision to do that may have looked politically savvy at the time, it was a calculated move to get him to reelection. but once sebelius failed, once her department failed to be able to launch the new entitlement signup, then it became very consequential. that's why democrats are so angry. it's one thing to mislead the electorate to win a second term. but what happens when people can't get the healthcare coverage they wants and need. martha: you find out you are leaving one place and you will go to another. but the bridge fell down and broke and people are in the water going, what's next for me. i'm scared. i thought if i had my doctor and

healthcare plan i would be able to keep it. it will be interesting to see how hard pressed she is by democrats concerned about their own he election some of them. they are senators so they have longer around the pole. but that will be the thing to watch. >> you are not suggesting one's own political interests would affect their questioning in a hearing? certainly not. the eradication of terry mcauliffe's advantage in virginia's gubernatorial election counts for a lot. that's a purple state the president won. what if you are in a state the president didn't win lake virginia you are thinking how far you need to go on sebelius. martha: people are saying mcauliffe won, don't worry about healthcare, he won. martha: there is a lot of people

who sweated that one out and thought this may not go the way we thought it was going to go, and what does it mean for me? >> reporter: if ken cuccinelli had another week to beat up on obamacare and the negative consequences for virginia, if he had another week he might well have won that race. he got it down to under 3 points. he might have won that race. republicans will have a year to talk about what's wrong with obamacare. there will be a year of bad headlines. that's plenty of time for rurp cans not facin face -- plenty oe for republicans not facing the structural disadvantages of cuccinelli. martha: visit our politics page and you can sign for chris's daily newsletter. and you will get it every day like i do. bill: we have not seen kathleen

sebelius yet. but i want to bring in steven hayes. good day to you there in washington, d.c. what are you listening for today? when you think about her testimony a week ago and everything that has happened every day. four or five headlines a day since then, where do you start? >> i any she is going to be asked some very specific questions about the things we have seen the past week and going back to the days before october 1 volumeout. i think the question will be whether she is able to provide specific answers to those direct questions. i don't think she did that much in the last time she was before the house side and the question will be whether she is able to do that this time. >> they will ask letter how many people even rolled and they will say what? or she'll say what. >> she'll say coming next week. they made clear they are not prepared to give those numbers

now. they are trying to suggest that they don't necessarily even have those numbers right now. though i think it's clear that they do. and they are trying to lower expectations as to what those numbers could be, out stories that suggest the numbers will be low and the earlier form answer will have been as bad as everyone thinks it will. the white house is pushing out an article in national journal mall seen that those numbers don't matter in the first place. they will continue to lower expectations on those early enrollment numbers. bill: the most damaging thing we have seen is to hear the president in his own words repeatedly. we had a clip from last hour from september 26. i just wonder now she is able to explain that away if at all. this is a very real thing. playing out in realtime. >> i think the september 26 comment from the president is especially problematic.

we know this was known to the administration, this was known to the president. it was known to kathleen sebelius. you are seeing the administration like an upside down turtle on its back. not able to right itself and figure out what it's doing. the question will be whether the senators mostly republicans i'm talking about actually ask her questions and don't go on and give 4-minute speeches where they can points back to their constituents. bill: when watched these hearings for years. that's the fatal flaw. a lot of these guys are lawyers, too. >> these guys love to hear themselves talk and they wants to play the video back. bill: we'll fiernld out wets they are listening to us. this is senator max baucus, the man who called obamacare a train wreck. here we go. >> more than 55 years later jeff

gave advice and it's important for to us remember now as we implement the affordable care act. five weeks ago the administration launched healthcare.gov, the federal insurance website was to be the main vehicle for millions of americans to sign up for coverage under the affordable care act. needless to say, it has been a rocky rollout. problems have plagued the website and limited the ability of americans to buy the health insurance they need and deserve. this has been unacceptable. it's been disappointing to hear members of the administration saying they didn't see the problems coming. secretary sebelius, last time you came before this committee i used two word to voice my concerns about the law's implementation. since then my word have been twisted and used to malign the

affordable care acts. make no mistake, i believe in this law. i spent two years of my life working on the affordable care acts. there is nothing i want more than for it to succeed. but months ago if i warned that if the implementation didn't improve the marketplaces might struggle. other senators on this committee voiced similar concerns. when we asked for updates on the marketplaces the response we got were totally unsatisfactory. what he heard multiple times that everything was on track. we now know that was not the case. but that's in the past. now it's time to move forward and figure out how to fix it. madame secretary you deter of credit for coming before congress and the american people and accepting responsibilities for the website's problem. your focus is where it should be, on the future. it's clear to me you are work as hard as you can to fix healthcare.gov.

keep that it. when this law was created we made a promise to the american people. we made a promise to fix a broken system. we made a promise is to insure all americans had access to quality affordable healthcare. we made a promise to insure no one ever went broke just because they got sick. you, madame secretary must make bad on that promise. some people called for your resignation. to borrow kennedy's words. we cannot fix the blame for the past. you need to stay at hhs to help get the market returning. you said you expect the website to be running smooptly for a majority of users by the end of november. there is no room for error. you must pleet the deadline because the marketplaces open the door for quality care for millions of americans to buy life insurance.

the 7 million americans will get lins in 2014 and 10 years in that number will grow to 24 million. there is no question that can't happen until the marketplace is run at full speed. i believe you will fix the problems because you know how critical the marketplaces are. they guarantee consumers will have access to high quality insurance. them never be forced into bargain basement plans that don't cover child birth or cancer treatment. they will never be denied coverage because of preexisting conditions. they will never be cuts off because they hit an annual or lifetime limit. just consider these three stories from letters i received since october 1. gary from billings, montana, wrote that the monthly premium he plays is currently just over $2,000. thanks to the affordable care

act the premium next year will be $1,065. he will save $800. amazon from montana said thanks to the act she'll have access to affordable understand for you the first time in 20 years. she suffered an accident in college and because of that the cost of insurance was prohibitive. instead she rationed visits to the doctor and cut back on activities that make living in montana so great. but now she'll have access to high quality coverage she can afford. and tony, a small business owner from boseman, montana wrote in to express his excitement saying it will save his small business $10,000 a year. he wrote as a small business owner i can say that the affordable care act is not on

good for my business, it's the on way i can afor to continue to provide health insurance for my family. he he he can reinvest the $10,000 he saves into staffing and training his business need to stay competitive. he added, this is good for my company, myself, my employees. montana and my country. that's an impressive list. i have no doubt story like these will keep coming in over the weeks and months ahead. madame secretary, i was glad to hear you set a target date to have healthcare.gov fully operational. i want to make it clear the purpose of this hearing is not to fix blame but to shed light on where things stand. and more importantly to learn what the administration is doing to correct these problems. if there is a role for congress to help, we want to be there.

that what's matters right now. as president kennedy said let us not despair, but act. let us not seek the cup can answer or democratic answer, but the right answer. let's get this done. >> thanks for scheduling today's hearing and thank you, secretary sebelius for being here today. it's been six months since you last appear before the committee. all that has gone on during that time particularly with the implementation of obamacare would i like to say today's appearance is long past due. when you were here in april you assure us the implementation was on track and was going smoothly and the exchanges would be ready to go by october 1. now it appears your statements were at best misinformed. from where i sit things do not seem to be going smoothly at all. i think we would agree thus far

the implementation of the so-called affordable care act has been an absolute debacle. you admitted last week when you testified saying hold me accountable for the debacle. i'm responsible. end quote. quiequote.while i'm glad you arg responsibilities. i would have preferred that you and the administration would have been honest with us. you had to have several indications before october 1 that there were problems with the website and the exchanges. it's inexcusable that this exit he wasn't told earlier there were problems. it wasn't for wont of asking. i personally sent up a number of letters asking for details on the implementation of the healthcare law many of which were ignored entirely.

this cavalier attitude toward a senate committee that has oversight a over your agency is appalling. there are likely to be numerous additional problems ahead. that being the case it think it's necessary that you provide this committee with updates on the issues for which you are dealing. i would ask you come here once a month for the next six months to provide this exit he with status updates on the implementation of obamacare and i hope you will agree to do so. it's clear the problems you have encountered thus far were not unseen. two separate reports, one from the government accounts bibility office in june and another from the departments of human health and human services office identified significant implementation challenges months ahead of the october 1 deadline. yet there is no indication that the warnings from these two independent non-partisan

government watchdogs were heeded by the administration or any thought was given to delaying the startup date as a result. when you were here april 1 i raised concerns about whether adequate testing was occurring to insure that privilege i controls were in place for the exchanges. in fact i specifically asked you about having an independent entity review the entire system before it went live to insure that all appropriate privacy and security controls were in place. you assured me all testing protocols were being followed and privacy issues were a high priority. however, we now know no end to end testing as the system so curled before the system went live, none. in fact key cms officials knew on september 27 that there was a high security risk that the system if it went up as planned. my colleagues and i sent several

letters since the spring asking for more information. what privacy controls are being understand studented, and asking for details about whether or not testing was being done to address the privacy and security concerns we have raids. to date we have not received any answers to those questions. so not only can millions of americans not log into the website successfully. but those who have actually succeed can now find themselves at the mercy of identity thieves across the globe. i would call this a less than ideal situation for all of our constituents. that brings us to another set of issues i hope you will be able to shed some light on today. let me start with a simple premise. word matter. we have all heard the golden saying honesty is the best policy.

unfortunately this age old wisdom doesn't seem to apply to the obamacare pledges. more and more promises made at the time this law was passed are crumbling under the weights of reality on a daily basis. let's start with the pledge that health reform would reduce costs by $2,500 for the average family. the truth is the cost of health insurance in this family is projected to rise at a remarkable rate. one study from the manhattan institute estimates individual market preamups will increase 99% for men and 62% for women nationwide. then there was president obama's promise if you like your healthcare plan you can keep it and if you like your doctor you will be able to keep your doctor. this is simply untrue. that's why "the washington post" gave him four pinocchios. this was on october 30, gave it

four pinocchios, which represents the highest level of untruthfulness. you have to try hard to get four pinocchios. you don't simply get it for making a misstatement. yet it wasn't until the last few weeks the people in the administration and the white house started to try to rewrite what the president said. let's be candid. it wasn't a new found honest streak that changed the administration's tone. it was the fact that americans started receiving cancellation notices from their insurers. according to the associated press 3.5 million people have received such noticed so far and there will be millions more before all is said and done. there is a long track record of unbroken promises and untruthful answers with respects to how this law should work or would work and the impact it would have. i hope that that will stop today.

no more caveats, no more excuses. no more spin. just give us the truth. answers like we don't know and we were wrong are perfectly acceptable as long as that is the truth. i want to thank you again for holding this hearing. we have a lot to discuss and i want to through, madame secretary for being here. i know it's not the most pleasant thing you can do but these are legitimate questions that have to be answered by you and others in charge of these program and i haven't even gone into i expect you will be able to get this -- the i.t. problem, the information technology problem solved. that doesn't answer why maul businesses are employing people for 30 hours or less. because they have a luge expense under i think very poor bill

that wasn't well thought out to begin with. thank you, in chairman. >> jury statement will be included in the record. you know the bill. take as long as you want. this is an important matter. >> i do appreciate the opportunity to update the committee on the final implement takes phase of the affordable care act. the law which passed both house of congress was signed by the president and upheld by the supreme court gives millions of americans an opportunity to

obtain affordable health coverage. >> i hear their stories cuss

>> the experience on the web gets better every day. and by the end of november, we are committed to having a website working smoothly for the vast majority of users. and what we don't have the fully functioning system yet that people need and deserve, we do have a plan in place to identify and prioritize and manage this across thesystem and we have reinforced our team with dozens of key personnel, including respected expert engineers, technology managers, and software developers and designers and analysts from companies like oracle. they are helping to diagnose problems and make quick decisions with developers and vendors to analyze and troubleshoot and resolve issues in real-time. is this work continues, we know that americans are shopping for

plants, enrolling online, on paper, on the phone and in fact more than 2 million people have already called the call center with an average wait time of less than 30 seconds. but i would like to share with the committee to indications of our progress and in the we have improved on what we intend to fix the problems that remain. are two areas of focus our performance, which deals with speed and reliability, as well as functionality, fixing the bugs and other problems in the system. few weeks after health care.gov launched, it users have to wait a month ago was different. today it only takes seconds. many consumers use to see a blank screen at the end of the application process and today they see whether or not they are eligible for financial assistance, which is the next step in the process.

users are receiving far fewer error messages and timeouts and are now able to process nearly 17,000 registrants per hour with almost no errors. we have made more than a dozen additional fixes, corrected information that allows consumers to complete their payments and improve the save and continue functions and upgrading the hardware so the system can handle more users with greater stability. and last night we installed more upgrades focused on the consumer experience and that will continue on an aggressive schedule between now and the end of november. we are making progress, but there is still a lot of work to be done. some have asked why not just delay implementation of the new law until all the problems are

fixed. there is a pretty straightforward answer. doing the affordable care act wouldn't delay people with cancer or diabetes or parkinson's. you can play the need for mental health services or prenatal health care. but delaying the affordable care act doesn't delay the foreclosure notices for families forced into bankruptcy by unpayable medical bills and it doesn't delay the higher costs all of us pay one uninsured americans are left with no choice but to rely on emergency rooms for care. and so for millions of americans, delay is not an option in people's lives depend on us. too many people have been waiting for to long to obtain affordable health insurance. we want to save families from going bankrupt and save the lives of our friends and neighbors by allowing them to detect medical issues early because we want to keep prices down and delay is not an option.

we are still at the beginning of a six-month open enrollment, which ends at the end of march. there is plenty of time to sign up for the new plan. i want to put this into perspective, mr. chairman, the average private insurance open and woman is about two weeks in a worksite in many public plans allow for four weeks of open enrollment in medicare, the yearly open enrollment which is under way right now, is its weeks long. the new marketplace was specifically designed for a 26 week period. those who enroll by december 15 will be able to access their benefits on day one. i am accountable to this committee and to the american public for getting these fixes in place. we are committed to getting health care.gov fixed so millions of americans can finally obtain the help and financial security that they have been waiting for. i thank you, mr. chairman. i'm happy to answer questions.

>> madame secretary, you addressed our principal question i was going to ask. many people think that the website should be shut down until it's fixed and we have asked the question why he keeps limping along. why not just shut it down and put together the way it should be put together. many have pointed out that some fixes tend to have unintended consequences down the road in the end and running of the whole system after all the system fixes have been made. pointing out also that every day that goes on,

>> is better it is better to do this on an ongoing basis. >> okay, one individual who i think is somewhat in charge of this says that he has a punch list and he will punch them out one by one. how many items are there and which of them have been punched out? >> jeff has come in to help manage the operations between the contractors and the cms team and the aggressive fixed schedule and he will be with us hopefully through this process

and he has been enormously helpful in being a management lieutenant with the cms administrator, turn on. they're a bunch of fixes in process. many have been underway, we are making progress and it's hard to give you a complete snapshot with hardware and additional installations that were done over the weekend. at 5:00 o'clock orson scott or 6:00 o'clock each day, it is really identified whether or not that testing for the individual coding six can actually be applied. the list changes, but we will

get you, mr. chairman, we will get you an update and i will say that we are into the listen we are not where we need to be. it's a pretty aggressive schedule to get to the entire process? after you go through all of the couple hundred items on this list? >> because the site is running, it is end to end daily. people are going through the system everyday and that helps identify some of what we are seeing, so we are actually doing lifetime, and to end testing that can go back and informed the test team what else needs to be done. >> okay, i want this to work and i really hope that we could make it work. but it means the also have a two-way street and have to tell us what is going on fully and totally so we don't wake up in november and it's still not there. senator hatch? >> thank you, mr. chairman.

secretary sebelius, as you know, we have expressed concerns about what has been implemented with this federally facilitative marketplace and we know now that the key officials of the administration knew that there were privacy and security risks, as well as serious operational issues that might occur if the exchanges went live on october 1. get a decision was made not to delay the launch until those issues were fully addressed. many people including myself have called for an independent entity, such as the government accounting office to conduct a review of the marketplace to ensure adequate security was in place before it went live. so i have a number of questions about why he made the decision to go forward even when you knew that there were serious security risks and operational issues that would likely occur.

number one, when did you find out about the potential security risk to users of the website? >> sir, i would say that the august luminary report identified that there were risks and gao had identified that there was a risk in every system that goes live and we take those risks very seriously. sumac okay, by august you knew. so who briefed you that the launch went forward as planned? >> again, senator -- to anyone? >> security was discussed as part of the overall regulations. but no one, i would say no one suggested that the risks outweigh the importance of moving forward, including our independent evaluator who made the recommendations as is

required. >> i've been suggesting that since april. the launch needed to proceed on october 1, for millions of americans that do not have health insurance they can get coverage as soon as possible. however, how do you balance that the same victims may fall victim to identity theft or have their personal information compromised by security control. >> how did you balance that? >> i share your concerns about individual privacy. i would say that the site was developed with the highest standards in mind. it is certified, which is the federal standard and it needs the standards. and we took very seriously the information with specifically

designed ideas, so the federal government wasn't storing these ideas, but we have tried to store the minimum possible information and we don't collect any personal health information, which is typically done by some companies and we don't have that at all. >> you collect social security numbers? information? >> no, we do not collect them. the hub is a router function that actually identifies a social security number, verifies it, but that information is not kept and stored. >> but don't they have to give their family income and other types of data? >> it is also part of the hub, that's what i'm saying. >> we are talking about the social security database and it's not storing unique information.

>> one of the trade-offs of launching the exchange rather than waiting until a later date, could other officials include these private security controls? >> i would say, senator, the standards have been set out security controls were met. he mentioned and two tests. that is why i think administrator chose to authorize a temporary authorization to operate and not a permanent one. because you cannot permanently authorize an authorization until you have entire system. we knew we had features in the system which we had chosen not to apply from the outset.

the spanish website, again, those all need to be tested before the system can be wholly operational. >> can you tell the committee on the people have signed up under the current system? >> senator, we will have enrollment numbers out next week. we are still working on the 834 piece, which is enrollment with insurers, and we want to make sure we give you valid and accurate numbers. >> my time is up, mr. chairman. >> thank you, mr. chairman. and secretary? >> a lot of questions from senator orrin hatch. bill: he said the number of questions he had were so long that he didn't have time to go into the format that we spend together. so we will see whether or not he comes back to the question. the hearing continues and steve hayes is listening in washington

dc and he is going to analyze where we are at the moment. martha: we will take you back there and just a while. in the meantime, we told you about a stunning new report and this story that richie incognito was told that he needed to toughen up teammate jonathan martin. is that really what happened? we will talk about that when we come back.

bill: during the commercial break, kathleen sebelius really going in and out of this and we will be taking commercials throughout this hearing. here is senator orin hatch. questioning the veracity of the administration and secretary kathleen sebelius. >> put simply, there is a long track record of broken promises with this committee and the american people with respect how this law should work were woodwork and the impact it would have. i would hope that that will stop

today. no more caveats, no more excuses. just giving us the truth. answers like we don't know. bill: he asked kathleen sebelius why not just take the website down. >> stephen hayes is with us now. we will go back into the hearing in the moment. where do we think we are based on what we have watch for the past 35 minutes? >> i think the news is clearly part of the obvious skepticism about the administration's decision to move forward, and it's a decision not to suspend the website. not to put the website off-line for a while. he was very clear in his questioning that he was skeptical of the decisions that were made and he pushed her and she didn't provide very clear answers as to why they have decided not to. she did the same thing when senator orin hatch asked her about privacy questions.

she begged the questions by saying that in effect we decided not to delay the launch because we decided not to delay the launch. bill: she also said the standards were met for the rollout, which is contradicted by the fact that she pretty much admits that there was no testing done before they went live. reporter: that's right, she mentioned this with respect to the privacy that they had had this outside group that had run some questions in the viability of the security issues and decided that they had to go ahead anyway. she did not explain why, which is what the question was. bill: the moment numbers are not going to happen today. i'm not going to expect them, it will come next week. what is the best guess we as we can offer is what the moment numbers are, not as people who sign up. but some people go and put their name online.

you have to sign up and register and enroll. you have to physically take the step of paying money. what will that number look like? >> i have absolutely no idea. i don't even have a ballpark. i think that's part of the problem. the administration has been out touting this really more than a week. and we now know that the original golden has been as low as six. if you go back and look at the kinds of anecdotal evidence that we have, they were bad, and now we are getting stories coming out of darrell issa's committee on the house side about the public reporting of the problems with the rollout and how it may have actually not been critical enough and that the problems may have been worse. bill: there is a wall street journal reporters yesterday suggesting that they are far outweighed by the older folks that were signing up.

>> that's right. >> there is an imbalance there as well. we will get back to you in a moment. martha: in just one moment we expect senator grassley will be up shortly and we will come back to that. he tablets will weigh in after the break as well. we have more coming up [ male announcer ] when your favorite food starts a fight, fight back fast with tums. eartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! [ male announcer ] campbell's homestyle soup with farm grown veggies. just like yours. huh. [ male announcer ] and roasted white meat chicken. just like yours. [ male announcer ] you'll think it's homemade. i love this show. [ male announcer ] try campbell's homestyle soup. 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.

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martha: we are in the middle of gratitude for kathleen sebelius about the rollout of obamacare d democratic senator max baucus says if you can't get it right, take it down and fix it and prepared and get it right. he tablets joins us now once again. what do you make of these hearings are far? >> i think that there are two main things are outside of

wanting to take the website down. the first is that senator max baucus made it very clear that health and human services has not only been dishonest with americans, and he said for us to fix it, you have to tell us what is going on and how to move forward. it seems that the health and human services has been doing that saying that not only security measures are ready to go but they are up to speed. so if they are saying that it wasn't ready to go then and now they are saying it was ready, are we really going to be ready at the end of november. martha: she does seem to have a level of confidence that she

will be able to report numbers at the end of next week and we are now up to having 17,000 registrants an hour. so does that mean how many people are getting in their were getting completely signed up? that is something that remains to be answered. >> that is the big distinction. what does that mean with people being on the website. there is a difference between getting on and browsing and actually enrolling in a plan and realizing what the premium will cost. it will be the number of people on the website? or will it be actual people who have enrolled in obamacare now have health insurance plans that they were promised that they would have under obamacare. martha: in terms of security issues, and senator orin hatch was asking about those, she was claiming what happens is you enter your information goes into like an information tunnel with

a bunch of different offshoots. but it's not being collected and kept by the federal government. she said that was one of the complexities about designing a system so that you could input stuff and it will go where it needed to go by the government. >> well, i'm not really sure that's true. they say this is a very vulnerable system, including social security numbers that can be seen in stolen and they act like they put all these things in place that will protect the identities and the information of americans and they really need to be stronger on that point and figure we really need to make sure that american information is protected. which we have not seen up to this point. bill: senator chuck grassley asking questions now. and jonah goldberg reacts next as well.

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martha: the next chapter being written on this discussion of health care. bill: we will see you on radio and again at 1:00 p.m. it goes on and on. happening now starts right now. >> we begin with this fox news alert with kathleen sebelius who has returned to capitol hill for round two on the botched obamacare rollout. good morning, i am jon scott. >> and i am harris faulkner and for generally. last night was the house and today the senate finance committee. we have been following this on the fox news channel and the health and human services secretary is fielding tough questions from both sides of the political aisle. there is a mad -- to fix it. peter ducey begins our live