speech remember that? that was magic johnson 22 years ago today he announced his early retirement from the mba and what a shock that moment was after he tested positive from hiv. despite his retirement, he was a member of the first olympic dream team. these days johnson's doing just fine running a business empire that owns the l.a. dodgers. everybody thought, people knew so little about that disease at the time, more power to him. bill: we are back at 1:00. martha: we will see you then. goodbye, everybody. jon: fox news alert, breaking news on obamacare. a bombshell revelation, the healthcare.gov website one day before the exchanges launched october 1 is a massive failure showing more than 1100 people logged on, it would crash. this was website that was supposed to handle hundreds of thousands of people and raises more questions about why the launch went forward.

we will have details ahead. jenna: we begin with brand-new stories you will see here first. in hi a study linking increasiny popular testosterone therapy with an increased risk for heart issues. our panel of doctors will weigh in. plus, a mistress to take the stand again in the doctor martin mcneal murder trial. the last time willis testified attorneys claimed she was too supportive of her former lover. see you there. what they hope to tell the jury now. jon: a brazen bank robbery caught on tape. please need your

revealing information about the crippled website. blaming high traffic santa website way too popular. some in the knew it would be impossible to keep the site running even with very low volume. it was barely able to handle 1100 users before the system froze. 300 million plus people in the united states. they were hoping to find in the system to handle a maximum of 10,000 users per day all at once. the administration was hoping for 60,000 users and they claim to have gotten a lot more than that.

the official explanation not very reassuring. take away the volume and it worked. and then there is this, health care economist telling the daily caller bottom line of the 180 million americans with private health insurance coverage i estimate if obamacare is fully implemented including the employer mandate at least 129 million of it, 68% will not be able to keep their previous health care plan either because they've already lost or will lose their coverage by 2014. there is one bright spot for the administration today coming to you live. some 29 million americans could end up using the exchanges and of those 70 million will qualify for subsidies. that doesn't include the thousands that will benefit from extended medicare. so a silver lining today. senior white house correspondent is on the north lawn with the latest.

the president continues to sell obamacare as an improvement for so many people who have insurance but then you have these new numbers today. >> he does continue to sell it as an improvement even though a lot of people owned up paying more for their insurance. insurance themselves will be more comprehensive although critics said will contain coverage some people feel they don't need. insurance executives through the reasons people and individual insurance market are getting cancellation notices is because most of them bought their policies after obamacare was signed into law. >> the primary reason the current policies are not grandfathered is because people enrolled in those policies sometime in the last three and a half years. there is a tremendous amount of turnover that happens in the individual market. people typically don't stay in those policies for an extended period of time. so most people enrolled in that policy in the last three and a half years.

speak of the president's promise if you like the insurance committee can keep it, might be more dependable before he signed a formal character became problematic afterwords because the policies people got after that were not grandfathered. harris: eight is a human toll of all this as people wake up to a new reality with regard to the health care insurance plans. but this promise from the president appears to continue trouble for democrats. >> it does. more than a dozen up for reelection next year came to the white house yesterday for a meeting that wasn't on the president's schedule. we are told it's got quite emotional as they pressed mr. obama to explain what he is doing to keep the formal cataract from becoming a political liability for them. one of those attending the meeting was michael bennett, heahead of these editorial committee. attacking the broken promise more than the obamacare rollout.

>> the president of the united states for months if not years made a claim that is untrue. either he did not know about his own law bearing his name, obamacare, or he was in on it. at the end of the day there is no good answer. >> democrats continue to insist fix .-ellipsis will face political problems as well as people find it easier to see the alternatives of the cost. harris: especially the estimates is right. thank you. jon: the obama administration is admitting convicted felons could get your information when you sign-up for obamacare and nothing is being done to stop it. health and human services secretary kathleen sebelius confirming that to our next guest before the senate finance committee. >> isn't it true there is no federal requirement for

navigators to undergo a criminal background check even though they will receive personal sensitive personal information from individuals they helped sign-up for the affordable care act? speaker that is true. states could add an additional background checks and other features, but it is not part of the federal requirement. >> a convicted felon could be a navigator and could acquire sensitive personal information from individual unbeknownst to them. >> that is possible. jon: meanwhile the "washington examiner" reports the lead contractor has hired many foreign nationals giving them easy access to millions of personal records of americans. joining us now is the senator you just heard in that exchange from yesterday, so the security concerns, policy cancellations, website troubles as you stand in the capital right now, what

concern to most of the implantation of obamacare? >> john, i think it will be an epic failure. the president and his allies are whistling past the political graveyard and hoping this is just relegated to the website, which will be fixed. once the website is fixed, people will see the rate shock, they are going to see the fact that the president promised if you like what you have come you can keep it, is not true. and health and human services and senators who voted with the president knew it was true that you can keep the policies in 2010. this is going to keep getting uglier and uglier, hence the emergency meeting at the white house yesterday with the president among his allies who will walk the plank over this. i think they are scared. jon: you said lying to congress

is a crime, unfortunately is you said lying to the american people is not. you are saying the administration is lying, has been lying? >> what i'm saying is there needs to be accountability. that accountability comes with elections, but this whole bill, this whole lot engineered in a way to avoid the normal political accountability you would see with elections, but that will happen in 2014. in other words three and half years since obamacare passed. most people probably think it has already been implemented but it is just beginning to be implemented. accountability comes with elections if people misbehave or don't respond to their constituents which the obama administration is operating in defiance of the wishes of the american people when it comes to obamacare. jon: there is that report from a duke university researcher who says 129 million americans could find themselves losing the insurance plans they have known

and trusted as a result of obamacare. there can't be 129 million people with those substandard policies the president is always talking about. >> that's right. the numbers vary depending on the source of the information, but it is clearly going to be tens of millions of people with employer related coverage who are happy with what they had who are going to lose it. i don't think obamacare could have ever been passed even as it was with a strictly partyline vote in the first term of office if the american people had known the truth so the consequences of not telling the truth to the american people i think the political accountability we will see in 2014, that is what scares the democrats take hook, line and sinker now finding it melting down in front of them dithem.jon: you must talk to thp

for reelection in a year from now, what are you saying privately? >> they are expressing a lot of nervousness. they hope it is limited. they have realize they have been sold a bill of goods. it is turned out not to be true. that kind of activity and conduct, looking in the senate for trusting the president for accepting without questioning the arguments he has made in support of obamacare. what we need to do when this fails as it will to then take it to what are the ways we can provide lower-cost without this big central planning and government takeover. jon: there are a lot of shoes you have to drop. thank you for being our guest today.

harris: so much medical news to share with you today. forget about keeping your health insurance private plan if you like it more than 24 times publicly, a third of americans could end up losing their insurance plans because of obamacare. a new study raising concerns of a hormone therapy. the serious risks of testosterone. and a groundbreaking cancer treatment in the works. researchers say it is cheap, it is affected and does not come with side effects. we want to know more. the live walk on. many cereals say they're good for your heart, but did you know ere's a cereal that's recommendedy doctors? it's post shredded wheat. recommended by nine out of ten doctors

to help reduce the risk of heart dease. post shredded wheat is made with only one ingredient: one hundred percent whole grain wheat, with no added sugar or salt. try adding fruit for more health benefits and more taste in your bowl. it's the ideal way to start your heart healthy day. try post shredded wheat. this has been medifacts for post shredded wheat.

harris: justin, twitter is now open for trading on the new york stock exchange and the initial

public offering and the tweety bird site is on fire right now. stock price $26 a pop, but it opened $45 per share. and now it is up by 70% we are told. robert gray outside in san francisco where i am assuming there is jubilance inside. reporter: we cannot hear the cheering going on in the last half hour or so but we saw a jubilant crowd filing in this morning wearing their twitter bird logo t-shirts and sweatshirts. the catering company loading in. one lamented tell me it will be a good workday. i don't know if she had shares or not, but definitely a lot of smiles as they file in, lots of smiles on the founders faces, i am sure at this particular juncture. harris: we're used to that

coming here at fox. >> absolutely be at harris: so who stands to make the most from this? reporter: the insiders did make a lot of money and are making money holding onto the shares. but a former ceo, one of the cofounders of twitter has 57 million shares, harris. it was worth $1.5 billion, so he has the biggest payday. we're seeing trading in the mid-$40 per share. another former ceo. 23.5 million shares. and the current chief executive offer worth about 200 million, but inflate that by about 50 some percent on top of that or 70% right now. they won't be selling any of their shares for another six months but still some skepticism from investors, so it'll be

interesting to see how this thing closes after those who buy the stock to flip it get out. facebook barely closing above the opening price a year ago, so we will be watching this one very closely all the way to the close today. >> you are always close to remind us it is 11:18 on the east coast. we will wait to see where it closes. reporter: have a good day. jon: the doctor is in and a new cancer treatment is on the horizon. it could be cheaper, more effective and come with fewer side effects than anything we have seen before. this is really exciting. >> this is very, very promising news. a new treatment showing signs of various forms of cancer in check, the vaccine allows your own body to do the work. using elements of our own immune

system, a lot of times you can feel it in your body. you take the tumor out and use the tumor to provoke your immune system response. it has been on fda trials for several years now and we are in the final phase. early results have doctors bleeding this treatment with the current methods of treating cancer. a way to do it without poisons like radiation. >> it is a game-changer. it is possible it will be incorporated with all cancers. >> aside from the reachability, there could be other benefits. the vaccine expected to be reasonably price. $100,000 for a three-year supply. perhaps most importantly trials have shown little or no negative side effects on the patient.

>> it didn't hurt me, didn't poison the the way chemo does. it did not irradiate me. reporter: it is in final clinical trials for brain cancer and prostate cancer. 1000 participants are getting treatment. results have been very impressive. gleeful forms of cancer on pace with patients remaining free of cancer for many years, preliminary results are expected from the final phases of trial before approval before the end of the year. it is definitely appears to be a step in the right direction. one doctor said it tak death sea chronic disease that is manageable. jon: the tumor that is inside if he becomes part of the treatment in effect? >> it is the treatment. provoking the immune system response. previous vaccines only used one protein. this time we are using entire tumor and across-the-board

immune response. i spoke to one patient who literally had lasted years with brain cancer almost universally cured. jon: great news. harris: convicted killer jodi arius. remember her? she has since sent a 12 page letter to a federal judge. what she wants and what the court has told her now. plus, we know there are big cracks in if you like the health care coverage you can keep it. now, many americans could be kicked off their current plan.

jon: new information on crime stories w we're keeping an eye . police arrest a suspect in the murder of a mississippi family. investigators say he led them to the bodies of a seven-year-old boy and his mother and stepfather. prosecutors say charges for the third could be coming. convicted killer jodi arias is stuck with her lead defense attorney after trying to have him fired. a judge i denying her hand writn request to have him booted from the case. this is arias second time asking for a place that lawyer. missionary helping to identify a wisconsin woman who vanished nine months ago and is now living in mexico. the family says she was 16 when her boyfriend abducted her. she is now married to another man and has three children. harris: wear the ring information about the possible consequences of implementing the affordable care act. by now it is crystal clear the president's repeated promise

that if you like your current health care coverage, you can keep it, is just not true. now we are getting a clear fact of how many people it will be affecting. health care economist christopher has told the daily caller if it is in lamented, 68% of americans with private health care insurance will not be able to keep their plans. our next guest conducted that interview. jamie weinstein is here. senior editor of "the daily caller." how does this compare with what the president said would happen? >> i would say this is almost like the new obamacare lie. if you like the health insurance you may not be able to keep it, but saying only for a very small number of people, maybe 5%, but that number could be as high as 129 million people. he says not all of them will lose their health insurance.

50 million will lose their health insurance completely, but the rest could see heightened increase in the premiums. they cannot afford the higher increases in premiums. harris: as i read this it actually does backup of the health and human services secretary said would happen. they're not losing thei the abiy to get health care insurance but they will have to go searching for other plans because they are getting kicked off their own. for some people that could prove to be awful. give me some scenarios you talk about. >> we have seen many anecdotal evidence of this where people have been forced to leave their health insurance plan because it is too expensive. less beneficial, administration is saying force to better plan, but it is usually worse with higher deductibles and still more expensive than their previous plan.

there was a "wall street journal" piece this week about a woman with stage four cancer, only to find out the plans to not help her get the drugs she needs to survive, so plenty of examples out there of people being forced off their plan plat having to pay higher premiums or cannot find a plan that covers what they actually needed to cover. harris: for some of them has come to be somewhat of a crisis point for them. did you ask if there was any likelihood nobody at the administration saw this coming? >> there is no question according to him there was some truth twisting going on. as others have reported, there are documents that show the advisors were well aware of their promise if you like your health care plan, you can keep it, were not true. the rules they were instituting

in obamacare would force a lot of people off their current health care plan. it seems pretty clear this was a known deception at the time the president was making that pledge to the american people. harris: one of the things i have been reading on twitter is wanting to hold insurance companies responsible. i am wondering if they are not now taking some advantages of this. good to have you today. thank you. >> thank you for having me. jon: more proof plan cancellations and premium hikes are not only hitting people with junk plans. loyal obamacare supporters in obama lose their private coverage. both are democrats who worked on the reelection campaign. right now they pay 550 per month for a good coverage plan from kaiser permanente but the policy is not being offered again next year because it does not comply with obamacare rules and

regulations. the couple says for something comparable they will have to pay roughly twice as much and since they make slightly too much to qualify for subsidies, they will have to pay the entire increase in their health care premiums. harris: the nfl has named a special investigator to look at the intimation activations of t. the team for the head coach down speaking out and taking sides on the trouble between richie incognito and jonathan martin. we will take a look. i mentioned to you how much medical news there is out there today. concerns of a popular new medical treatment. the risk linked to testosterone therapy. take a look.

jon: right now a quick look at what is still to come this hour. major concerns over testosterone treatments and heart health. could the supplements raise men's risk of a heart attack. the murder trial of dr. martin macneil is winding down. they are geared up to call mcneil's mistress, gypsy. the country music awards always a crowd pleaser. the show last night took on a

political tone. what hot topic got caught in the cross-hairs? did you see it? all coming up. harris: right now police near philadelphia are searching for three bank robbers. here is what is knew. they released surveillance video from a robbery that happened earlier this week. the masked gunmen burst inside a very crowded bank, forced everybody to the floor and stole cash and cell phones. the video shows one of the masked robbers jumping over-the-counter. see it for yourself. one of them later pointing a gun at victim who is crawling toward a cubicle. jon: a new study raising major concerns about a popular medical treatment for men suffering from low testosterone. researchers finding patients undergoing testosterone therapy were 30% more likely to have a stroke or a heart attack than those not using the treatment. the study bit department of veterans affairs looked at more than 8700 veterans with low

testosterone. the therapy is often used to treat fatigue, low sex drive and other problems that come with age. on our medical panel today, dr. sue ketidis a bored certified therapist. we have dr. joseph fredy. vanderbilt institute. and aaron tolbert a emergency room nurse practitioner. welcome to each of you. erin, start with you. hormone and testerone replacement that seems at all the rage among a certain segment of the male population. is this the first time it is called into question in terms of safety? >> it isn't, jon. there have been some prior studies on this before, but they have been smaller. they haven't included that many participants. they have been shorter in duration. the reason this study is so alarming it was done over three

years and involved almost nine thousand men. we're giving it a lot more credibility than prior studies because of its length and the number of people who are involved. >> yeah, a segment of this he size, i'm sorry, a stud different this size is pretty significant in terms of the number of veterans who are used here. >> it is. what we saw is that researchers compared almost 9,000 veterans with low testosterone levels. some of these men were taking testosterone replacement medicine and some were knot and what they found those that were on the medications had a significantly increased risk of heart attack, stroke and even death and the reason this is so alarming, almost 3% of men over the age of 40 are currently taking testosterone therapy medication. jon: doctor, i'm sure you have prescribed it many times. what do you say to your patients now? >> i say don't throw the baby out with the bath water. this is just one study.

and erin, a previous study just as large that was done out of washington state showed exactly the reverse and another study that came out of boston university within the last month was a five-year study looking at many different parameters of men on testosterone. these men had reduced blood sugar. reduced cholesterol. they were able to lose weight. i think testosterone can be very useful for men who are looking to also reduce risk factors if they truly have a testosterone deficiency. i certainly don't agree with men that are taking testosterone for say ed or ex-wall function. that is definitely wrong. testosterone deficiency a clinical diagnosis and it really has to be backed up with all the symptomatology and as well as blood testing. in addition we have to look carefully at somebody's cardiac

profile. in a study just completed we're talking about today, do you realize 50% of those men were diabetic and very ill? some of them even had renal problems. when you give testosterone to a very ill population who could get heart disease anyway, probably too late to really see the benefit. there have been hundreds of study that is have shown that it is better. jon: dr. freed di, what about it from the standpoint after cardiologist? are there too many men taking this therapy? >> i don't know if there are too many men taking the therapy. i think the study is important because it does raise the concern for people who have a lot of cardiac risk factors as we just heard. these were not particularly greatly well-population of patients. many of them, most of them, had some risk factors for heart and vascular disease anyway. what you would have to conclude by the study there is some concern for those patient who is do have cardiovascular risk

factors that this may increase the risk of heart attack, stroke or death. i think, it's an important piece of information for which physicians can discuss the poe things risks with their patients. i think ultimately the patient needs this type of information in order to make an informed decision. we all make risk benefit decision as we lead our lives every day. i get on the interstate highway and drive to work. i steak a small risk of a fatal car wreck but i decide that risk is small enough and benefit is great enough. and i think is, i would put this in the same sort of category. but the study was, i think, i think well-done, well-analyzed and it is, and i think it is important new information. >> but you know, you see a lost commercials these days, you know, aimed at men, saying oh, maybe your sex drive problems or whatever are based on low testosterone. some of the companies are really pushing this therapy.

how do you argue with a patient who comes in and says, i really want this? >> so i don't know that you argue but you do inform the patient that there are some concerns that they may increase their cardiovascular risk by taking supplemental testosterone. if they have a low testosterone and particularly if, like this study demonstrated, these, the patients have other other cardiovascular risk factors. i don't know that you argue with them but i think you can inform the patient so in the end the patient can make an informed decision about what's best for their own personal health. >> dr. joseph fredi, dr. sue dikotdis and erin tolbert. thank you. >> thank you. harris: prosecutors are wrapping up their murder case against martin mcneil. this is one we're following closely. we thought in 48 hours they would get to this point and now they have. it is not clear if we will hear from the utah doctor himself but today his former mistress,

remember her ? gypsy? back on the stand. her previous testimony apparently not enough. they want her back for more.

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harris: right now prosecutors in the martin being r macneil murder trial are getting ready to rap up their side of the case. first they're questioning this former mistress, gypsy willis. it is her second time on the stand. the utah doctor is accused of urging his wife to get cosmetic surgery and drugging her with prescriptions at her bedside and leaving her to die in a bathtub so he could carry on an after fir with gypsy willis. it is not clear whether mcneil will testify on his own behalf but his attorney says he had nothing to do with his wife's death, a former beauty queen. despite accusations and daughters and other witnesses who reported the callous attitude toward his wife with sell mates testifying that macneil said police could

never prove he did it. our own legal panel is here today. brian silber, john manuelian, criminal defense attorney. i took possession of you calling you our own. this late in the trial you call gypsy back to the stand. any likelihood we'll learn anything new from her? >> well, you know, it all depends on exactly what she is going to testify about. you know sometimes when you bring back a witness the jury looks and says, hey, we already heard from this person, why is she testifying again? but frankly the defense lawyers will put her on so they can put their spin on the case. i'm very sure when the prosecutors directed her they put their own spin. so it will all depend on really what the subject matter is and exactly what she answers. >> john, once the prosecution wraps today, it is expected to happen today, anyway, the defense goes to work. what do you expect we'll see? >> i think the defense needs to sit down and discuss the closing argument and whether or not the

prosecution has proven their case beyond a reasonable doubt which is the highest level of certainty and they need to go over the causation of death. there is no concrete cause of death in this case. they need to hammer that to the jury. did she die from heart failure that was exacerbated by drugs she took? was it natural causes she drowned? there is no evidence to that. you can hate the guy and say the guy's a bad man because he is callous towards his wife but can't convict him because of it. i think that is what the prosecution is trying to do. they're trying to get the jurors jazzed up like the scott petersen case, get them so upset at the defendant they want to convict him but the defense attorney need to make sure they don't do that. >> respectfully i disagree with that. you know the best witness in this case for the prosecution is the defendant himself, it is dr. macneil. if we remember he came out and told coworkers that his wife fell in the tub that makes absolutely no sense because it contradicts what was found on the crime scene. a person just doesn't fall in a

tub, face up, with all their clothing on. if this was an accident, she would have been bent over the side. she would have had bruising, something consistent with a fall. if he would have kept his mouth shut and not said anything, that's right there would have been a good defense. because he did, i think they're going to lose. harris: brian, i want to push in with that. you think there is another reason telling they might lose, all inmates from the time the doctor spent 21 months in a federal prison down in texas because of fraud. these inmates he talked with, not a good sign they keep calling them to the stand. why not? >> well, here's the thing with jailhouse snitches. you know when i was a prosecutor i hated working with these types of witnesses because they have got credibility problems. they come forward to get a deal. but here's the one very important thing. one of these conditions -- witnesses said the doctor told him he given his wife oxys. now if this witness came for wand and said the information before law enforcement learned about it, before a toxicology

report came back, then you would be credible because how else would know that unless the doctor told him? but if he came forward afterwards, that is really unbelievable. harris: john, i want to give you the last word on this you heard brian talking about dr. macneil on the stand. we don't know if that is going to happen. would you do it? >> it all depends on the attorney that spoke to him and his decision-making. every defendant is different. if he could be manageable on the stand and speak succinctly and show compassion to his wife and, exemplify the fact he would never do this to his wife possibly but the problem is, knowing dr. macneil everything is going to come out. his prior federal convictions and he could be a loose cannon. it may be dangerous to put him on the stand. at this point in time i don't think it's necessary. all they have to do is show allegations and suspicions aren't enough to convict. there is no concrete evidence. and ask for an acquittal based on that. harris: if you're saying he should kept his mouth shut in

the first place you only want him to continue to do that i would imagine. food to have you today. brian, john, thank you. >> thank you, harris. jon: the biggest names in country music taking the stage at the cma awards. we will fell you in on the big winners of the night. ♪

>> ♪ >> what rhymes with truck? i'll tell you what rhymes with truck? >> hey. >> duck.

jon: for the fox 411, country music's biggest night, cma's paying to past, present and future stars. some of the jokes may have stolen thunder from honorees. julie banderas with the scoop. >> this wasn't your average or typical award show. had it been in left-leaning hollywood would have given faulty obamacare the lifetime achievement award. not the case in nashville last night. obamacare got cheers when the stars poked fun at it. when cma awards host brad paisley jokingly told host carrie underwood that his back hurt and he need ad doctor. underwood said if the singer sign up for obamacare. when paisley asked, what is that? i signed up last thursday and i'm almost done. he joke that would join the six other people signed up successfully on the

healthcare.gov website. to the cheering audience the two sang to the tune of george strait's amarillo by morning. but changed the words a little bit ♪ obamacare by morning, why is it taking so long ♪ >> so long. [cheers and applause] ♪ i'm going to wind up with hemorrhoids if i sit here till dawn ♪ ♪ we'll have catheter acts and dementia ♪ >> roasting didn't stop there. paisley thanked taylor swift for not acting like her fellow pop star miley cyrus and praised her for never once humping a teddy bear or gyrating with beatle juice. making reference to miley's with twerking at mtv video awards. as for the awards handed out,

miranda lambert won the female vocalist for the year for the fourth time. blake shelton, vocalist of the year. george strait was given highest honor of cma entertainer of the year for the third time in his career, jon. jon: i didn't catch the show but harris loved it. harris: i watched every second. i was tweeting about it. dane that perino tweeted and we were online. some. audience people didn't know how to react. >> unwood and paisley knocked it out the park. everybody on twitter was praising them. whether you agree with it or not. jon: julie banderas, thank you. >> sure. harris: the secret is out actually about a meeting on obamacare at the white house last night. president obama discussing the political fallout with senate democrats. all of the people there at last night's meeting are up for re-election. the nfl appointing a special investigator to look at the relationship between jonathan martin and richie incognito and possible misconduct on the miami dolphins team.

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harris: big developments on our top stories and breaking news at this hour. >> there is new fallout from the bungled obamacare rollout. what tests on the website showed the day before launch. plus the political ramifications of the whole mess. also the miami dolphins break their silence about the bullying controversy. could lawsuits be coming up? a key ingredient could soon disappear from some of your favorite snack foods. the fda's plan and why the agency says the move could save thousands of lives every year. it's all "happening now." jon: more troubles for obamacare as the white house does damage control. i'm jon scott. harris: welcome to the second hour of "happening now." i'm harris faulkner in today for jenna lee. new documents reveal a stress

test was done on the health care website the day before it went live. it showed the system crashed if only a thousand or so people signed on at once this. comes as the president is working to soften the impact from the disasterous launch so far of his signature domestic legislation. the website at least part of it, from trying to reassure his base to meeting with the democratic leaders locked in competitive races in 2014. some of them fearing the botched rollout could hurt them politically. chief white house correspondent ed henry is live with the top story this hour. and, ed, the white house was trying i understand to keep this meeting yesterday secret. >> reporter: yeah, harris, at least keep it quiet because it was not on the president's public schedule yesterday. when you talk about these democrats worried about it, the health carrollout impacting them, they're worried they will lose their jobs frankly. about 15 senate democrats. many in tough races back home, states the president did not carry last time, like arkansas, louisiana, where some senate

democrats are very worried about the political climate right now. the president won't be on the ballot but they will be and have to defend this health care law, the botched rollout at the beginning. one of those democrats, mark begich of alaska put out a written statement, now, there is crisis in confidence for the administration in terms of dealing with the american people and telling them how this is all going to work. here is begich. >> i made my voice pretty well heard over there i'm not sure, they may not return my calls all the time because i'm yelling at them all the time on some of the issues but we're, i think they really want to hear from us because we're on the ground, as you know in our own communities hearing from people, day in, day out. >> reporter: these lawmakers getting those phone calls from constituents who are angry they can't log on to healthcare.gov. i'm told by a democratic source that at the meeting some of these senators were pushing up to one-year delay of the

enrollment and fines that would kick in if you can't enroll. the senators are basically saying if you can't enroll on the website how will you be fined for insurance you're not getting, harris? harris: that is interesting. prior to the government shutdown that is what some republicans were suggesting at meet in the middle alternative and you hear democrats echoing those republican ideas. i'm curious, this could be a kind of a sticky issue politically as you pointed out. what does the president tell those democrat senators they should do about that? >> reporter: couple things. i was told the president was joined by vice president, chief of staff jeffrey mack donna and jeffrey zeints, significant because he is web guru trying to fix the website. they were told by end of november most people logging on enable to enroll, deal, push forward. a lot of people wondering whether or not the deadline was real. the president was in texas last night trying to reassure his

base this will all work. listen to this. >> we are working overtime get this fixed. the website is better than it was at beginning of october. by the end of this month we anticipate it will be working the way it is supposed to. >> reporter: so in the short term they think the website will work. long-term when you talk to white house officials they think it will be good thing for the democratic party for long term with millions of people getting insurance that don't have insurance. been long haul it will be a good thing. democrats are thinking much shorter political calendar. they're dealing with now and november of 2014. they're worried but beginning of rollout but rest is shaky months ahead they will have tough political road ahead. harris: reality the clock is ticking on that. the year is already shorter. they have to make the points long before november next year. ed, good to see you. jon: let's get more on the political fallout from the obamacare mess when it means for the president and especially

democrats up for re-election a year from now. joining us joe trippi, former howard dean campaign manager, also a fox news contributor. will this be an albatross for those democrats running in november, joe? >> well they're sure hoping it won't be but we, frankly, jon, we won't know for a while yet. november is still a long way away. look, if all these problems are still persisting, if people are losing health care, if premiums are going up, there is no doubt about it, 2014 is going to be a very tough and bad year for democrats and if it continues, so will 2016 for whoever the democratic nominee is. on the other hand, if the web site's actually fixed and working on november 30th, then i understand the skepticism there, but if it is, and if people, the things that the president claims are going to happen, that people, more people are getting health care that didn't have it, people, even people who are losing their

plans, are getting into better plans that they appreciate, if all those things start to happen, then, it could be a completely story. so we, we don't know yet but clearly, yes, people are worried in the democratic party. of course they should be. >> all right. let's bring into the conversation the editor of "the national review", also a fox news contributor, rich lowery. rich, you say the website itself is a sign of world class incompetence. that doesn't bode well. >> well, jon, yeah. every day this thing isn't working obviously it is an embarassment for the white house and a bad day for the white house and it is important to realize not just the website. people are losing their coverage every single day. there are losers because of this law and democrats and president have never been honest about it. jon: what about it, joe? the president made that promise time and time again, if you like your doctor, you can keep your doctor, period. he put the period at the end of the sentence. now he is adding on all kinds of caveats to those declarations.

>> well, again, if there are enough people who believe he broke that promise to them, i mean they lost their policies, it's going to be very bad for democrats in 2014. the administration claims that, you know, that 95% of people, either will be essentially keeping their, be able to keep their plans or be getting coverage for the first time. if that's true and if people are feeling that, then there will be people, still be 13, 14 million people who may think he broke his promise and take it out on democrats but the vast majority may start to feel like the benefits outweigh the negatives. jon: there is no free lunch, rich. so i have always been told. so how do you bring, what, 10 or 15 more million people into a health insurance program, and still spend less? >> well, you don't. this is the key deception in this whole thing, jon. i often, i really don't like to

use the word lie, but it is really appropriate here. they knew what they were doing. they had to mislead people about this law to get it through and it is not just people in the individual market who are losing their coverage. people who are employed by small employers are losing your coverage. if you lose the coverage, even if you get different coverage, you lose your doctor. that goes to another false promise the president made. it is not just competence issue but credibility issue. you're beginning to see senate democrats especially working their way up to creating a political stampede and running away from this thing that would create major changes in the law. jon: joe, do you see the possibility this whole thing could be revamped? >> no, i don't. i think they will try to incrementally make it better, attack any problems. try to fix things that, that they should have firsted obviously before this website being one of them. >> yeah. >> but i don't think, look, i think we're boeing to, this is already kind of you know, it will be up to history here and

the american people will hold people accountable but it is going to happen in november of next year. if it fails, the democrats are going to know it. jon: all right. joe trippi and rich lowery. thank you. >> thank you very much. >> good to be with you. harris: talks are underway in geneva between iran and six world powers including the united states. iran's foreign minister says, it's tough going so far but his side is making progress in his estimation. the new round of talks are aimed at ending the nuclear standoff between tehran and the west. senior u.s. official is telling "the wall street journal" an initial agreement to curb iran's nuclear program could be reached this week. iran wants something in return. of course they want the crippling economic sanctions to end. tennessee senator bob corker is considering legislation that would block the obama administration from easing those sanctions on iran unless tehran makes major concessions. we'll have much more on this

developing story as it happens this hour. some movement that could hurl us towards some answers about what happened in benghazi libya when terrorists attack our outpost there. cia security officers who were there that. >> , september 11th, of last year, are getting set to testify. one lawmaker says many questions could finally be answered and completely change the narrative we've been getting so far. adam housley is live for us from los angeles. adam, you're hearing that lawmakers could finally get those answers next week's house intelligence committee hearing? >> reporter: you know, harris from our reporting we've all been asking for answers trying to find the answers over the course of last 14 months. there are a number of hearings with the hill primarily with staff that night but lawmakers are frustrated because they haven't gotten access to survivors. we have spoken to survivors during the course of our reporting, a lot of survivors say they have been threatened and intimidated and don't want

to come forward and it would affect their families and livelihoods. will politician from california has the answers and providing the questions for next week's hearing take a listen. >> the largest question is was there really a lull in the fighting which then, you know the administration's line is, because of this lull, that's why they decided not to send in additional help. i'm not sure that's true. >> reporter: they're also questions of course, harris about air support. whether or not witnesses have been indim tated. why other teams if they were available weren't called in, among many other questions that really have not been answered from hearings and people on capitol hill looking into this. of course there are other people out there that will say this is all being made up. when you talk to the those on the ground like we have over the course of last 14 months. they tell a quite different story. that story may come out next week. harris? harris: our reporting too, adam, shows how difficult to get identities on these witnesses. they have been kept under wraps. what are we learning about who some of them have will be?

>> reporter: they have been transferred. they have been moved around. some cases they tell us they have been intimidated a number of different ways. that is part of our reporting from the beginning pretty much. we're sold these are cia security specialists that were at the compound or annex. remember there were two different locations of benghazi attack. first one was so-called consulate was are ambassador was. the second was annex about a mile or so way way. there were 25 people or so roughly at the annex specifically that night. talking about people at the consulate. when you look at the whole thing there aren't a lot of people. but these witnesses that will come forward next week were specifically from the cia annex. harris: and of course, adam, just a reminder, four americans died that night including our am bass christopher stevens. good to see you, thank you. >> well republican senator lindsey graham moving on a, moving a hot button issue back to the political spotlight. his landmark legislation introduced moments ago, we'll

tell you about it in a live report coming up. plus twitter making its big splash on wall street today. a highly-anticipated debut on the new york stock exchange. can you make money buying twitter or is it a flash in the pan? we'll take a look.

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jon: "happening now" overseas, less than a week after a drone strike took out the taliban pakistan leader in afghanistan. they chose a man who planned the attack on the teenage activist who was shot in the head on her way home from school. this after she spoke out against the taliban's ban on education for girls. ma lala recovered from her injuries. she was nominated for a nobel peace prize. harris: al qaeda is lapping it up. that's a direct quote from the british intelligence chief about the leak from the former nsa

contractor edward snowden. the u.k. spy chief also says his terror targets are having a field day with all the revelations that his eavesdropping agency is picking up new discussions about them. jon: south carolina in other words lindsey graham moving aportion debate in light in the wake of the gosnell case, with new legislation to ban late-term abortions. shannon bream is live in washington with that story. shannon. >> reporter: jon, pro-life advocates have been taking the battle to the state level with a lost success in recent years. their focus pointing to scientific studies showing unborn babies feel pain at 20 weeks. based on that enacting bans from that point forward what senator lindsey graham is proposing on a national level. >> should we remain silent as a society? or should we speak up? should we speak on behalf of the these babies, and my answer is yes. when it comes to abortion going into the sixth month of

pregnancy because the child is pain-cape ab, the state has a compelling interest in protecting that unborn child apart from medical viability. >> reporter: the bill's backers point to recent poles showing growing support for this idea. a "qunnipiac university poll" shows 55% of americans favor the 20-week ban. where the results are split by gender the number grew to 60% of women who favor it. critics like planned parenthood which launched numerous legal challenge tolls the state measures say the bans are about a broader objective. when the house judiciary committee pass ad similar measure early this year, planned parenthood president see seal richards responded quote, it is extreme and unconstitutional and would take deeply personal and often complex decisions about pregnancy out of the hands of a woman and her doctor. in fact it could criminalize doctors for performing a life-saving aborings. richards called the various federal and state america sure aimed at abortions after 20 weeks, a orchestrated effort to

roll back women's access to health care and vowed, quote, they will not stand by. if this passes, stand by for the legal challenge. jon: the arguing goes on. shannon bream in washington. thank you, shannon. harris: we've gathered some new information to help parents keep little ones safe. brand new ratings on car booster seats. which tell you the one that is are rated best and worst. and new details today about both players at the center of the nfl bullying scandal. is a lawsuit on the way? our legal panel will debate. and more news from the nfl as hall-of-famer tony dorsett wages the fight of his life.

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harris: right now an independent group is unveiling some new ratings about possibility, the most important item for any family with young children needs to be looked at, car booster seats. patti ann browne live with us at the breaking newsdesk with the this year's best and worst. >> thanks, harris. annual rating for child car booster seats were released today. insurance institute for highway safety examining how well the boosters raise children up so seatbelt fits them properly. there are 58 best bets this year that is a lot. they include the graco connects, and harmony. for worst seats two, boosters made by durell juvenile group have been in the non-recommended category since 2009. they are the safety first all in one and safety first alfa omega

elite. the report rated two types of booster seats. high back and back lifts. some boosters come in both versions and the two can be rated differently so read the list carefully. you can find the full list at iihs.org. the institute also warns parents not to rush their kids out of regular car seats and into boosters. they recommend keeping kids seated in a harnessed equipped child restraint as long as possible following the height and weight limits of the seat. once they're in a booster don't rush to move them up to a regular seatbelt. the institute notes children 4 to 8 in boosters are 45% less likely to sustain injuries in crashes than kids restrained by belts alone. harris? harris: good info. patti ann, thank you very much. jon: well in case you haven't heard, twitter makes its debut today on wall street. the red hot social networking company going public on the new york stock exchange. it is one of the most highly anticipated, initial public offerings ever, for a tech company. initially priced at 26 bucks a

share. it is up 75% right now, raking in the dough all in 140 characters or less. jo ling kent with the fox business network is here with more. jo? >> unlike facebook twitter's ipo went off it without a hitch. so there was good news there this morning. stock opened at $45.10 a share, up 76 percent from the 26-dollar ipo price of the compare that with average one day pop for u.s. tech listed ipos which is 35%. still not bad, that is according to dealogic. at 45 bucks a share, twitter would be valued at $30 billion the question is whether the stock is going up too fast? analysts are saying twitter boasts 232 million users. that is according to their documents. they send 500 million tweets a day but the company has not generate ad profit yet. but the good news, twitter is riding that smartphone wave. 76% of their users tweet from

their mobile device. 7% of accounts are outside the u.s. -- 77%. they are international accounts. for buying the stock if you're interested, analysts have mixed feelings. some question the money-losing company to make money off their users whether they can monetize. other experts believe twitter has the bestability to generate revenue compared to other major internet stocks including facebook of the so regardless of, a very big day for the little bluebird. suffice to say everyone on twitter of course was super excited about this one. jon: 45.63 is the last stock price per share that we had according to the control room. i think real estate prices in san francisco are going up today. harris: no epic fail today at all for them, right? >> no. no fail that i've seen. of course the new york stock exchange after the nasdaq botched facebook ipo, watching everything extra closely. >> jo ling kent, thanks. >> no problem. harris: well we are awaiting a white house briefing after a report that the obamacare website crashed during a stress

test, with only 1100 people logged on to it. we will monitor that briefing and bring you any news as it comes out. plus we'll talk to a former nfl all-pro player about the dolphins bullying scandal as teammates now are coming to the defense of the man accused, richie incognito. >> all i know about richie he is a great teammate to me. i saw him being a great teammate all the time of the does he like to give guys a hard time? yes. does he like to pester guys and have fun? yes. but he brought a lot of laughter to the locker room and collegialness to the locker room and he was the best teammate that i could ask for. ♪ [ female announcer ] to bake. or not to bake.

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harris: new information on the bullying scandal rock the mile my dolphins. jonathan martin recently checked himself into a south florida hospital to being treated for emotional distress. and source r sources are telling the associated press that martin considered quitting football all together even before he went public with bullying allegations against a fellow player. he since as you may know left the team. defensive lineman richie incognito has been suspended from the miami dolphins. as the turmoil is swirling the dolphins head coach vows that the team will stay united. >> i believe in the men in our locker room and i believe in our coaching staff. and that's exactly what i communicated to them today. i have full faith and confidence that we will stick together as a

team. that we will focus on the task at hand. harris: meanwhile some of the miami dolphins are speak out and backing up richie incognito saying, if there really were a problem including the sending and threatening and racist voice mails message that is have been reported then surely they didn't know about it. >> i had no clue about the voice mail. i never seen that. i never heard about that all i know about richie he was a great teammate to me. i saw him being a great teammate all the time. does he like to give guys a hard time? yes. does he like to pester guys and have fun? yes. but he brought a lot of laughter to the locker room and brought a lot of collegialness to the locker room and he was the best teammate that i could ask for. >> i would say jonathan was like richie's little brother. that situation, i would see at the table but you know the whole situation and lunch everyone knows about where they stand up just as joke. they played it on me befor i have several times played on

me. you know, right when weighs about to come up, richie said, you know, john is like my little brother. i think that's an accurate depiction. he gave them a hard time. he messed with them but first one there to have his back. harris: hearing from other players in the nfl, giant safety an troll role says he believes martin should up for him seven, work place activity like, there is no place for bullying at the work place. >> no individual should have to go through that especially in the work place. especially amongst the peers and teammates. i think it is ver unnecessary. harris: and on top of all this, nfl commissioner roger gooddell appointed one of the nation's top lawyers to investigate all the allegations. joining us to discuss all this, trevor pryce, retired nfl player around host of fox sports one, crowd goes wild. good to have you with us today. >> thanks for having me. harris: i want to if we could visit what the head coach was

saying joe philbin, the team sticking together. what is his message today? he has to keep the team from getting distracted obviously. >> the thing about a nfl locker room it is a world unto itself and certain rules and unwritten laws we all know as football players. one thing, [inaudible] whether or not you do that inside the locker room but to the outside world you need to have a united front so that is what he saying. have a united front. what happens in the locker room when the cameras are not around, who knows. i guess we're now finding out what they were doing as a team. forget richieing cog neat-o for -- richie incognito. they were with a hard culture to get off the losings so but this is the result of that. harris: football's violent game. and i'm going to have to guess when people see these reports they will see they have a lot of testosterone flowing through them. they have problems on and off

the field. they don't see, some critics don't see a problem with any of this. what is being said in the nfl? you have a lot of contacts with players. what are people saying? >> you know, it is that same old adage, nobody wants to see how the sausage is made, you know what i think? the thing about jonathan martin means he came from a hard-nosed program at stanford. he knows, and i'm guessing now, i'm guessing that he knows what is he was in for when he walks into ffl locker room but this degree. jonathan martin is big physical violent guy. he place in the nfl at offensive tackle. this to me, richie incognito aside this sounds like a guy didn't want to play football and almost looking for an out. quite honestly looking for an out. something as, something as sophomoric as juvenile as a get up from the lunch table prank can drive him over the edge, then you have to question whether or not he wanted to play football. again this is it what the nfl

is. this is bunch grown men being paid a bunch of money to act like children. that's what we do. and that's what the fans love. listen, honestly, my 7-year-old plays football. so does richie incognito is paid a lot to do it. harris: he is lot bigger. >> he is a lot bigger but the attitude is the same. this is how football, this is culture of football. harris: you know it is so interesting to get the flipside take on this you know you hear about some the context of some of these messages and how tough things got for jonathan martin. on the flip side, antrolle role, from giants part of his responsibility to stand up to it you are saying it's a tough sport. so what should jonathan martin do at this point if he thinks he ever wants to play football again? >> i'm going on record to say he doesn't want to play football anymore. i'm guessing. i don't know the young man. i don't know him and i don't want to talk about richie incognito, there isn't a

defensive lineman in the nfl likes richie incognito. he is always labeled as dirty player and goes after guys the wrong way. that is his business. i'm saying knowing what we know so far, this sound like a kid, that he just never wanted to play football. you wind up in this kind of a situation. i would like to hear the voice mail that incognito left, n word aside, from just reading the text, sounds like he was drunk one night on a bender and decided to mess with jonathan martin. harris: drunk dial. >> that is what is sound like or looks like to me. i could be wrong. i've said bad things about richie incognito before all this. i would stick to those things but there is another side to the story and saying, jonathan martin kept this email for a purpose. harris: before i let you go real quickly, let me cut in here, would you take the football team tomorrow with richie incognito, that is the bottom line? would you play with him, play against him? >> play against him, absolutely. absolutely. there is no question about that.

a lot of guys would like play against him right now. taking the football field with him? here is the thing, nfl football players at end. daywer mercenaries around go to the highest bidder and told to do our job. the coach's job and gm's job and owner's job who he puts out there with you. you can be about richie incognito all you want, it is not your job to say i won't play with him they say fine, we well get somebody who will. that is the sausage being made. harris: trevor pryce, thank you very much. you have been very candid with us today. that will be good fodder with the legal panel. thank you for your time. all right, let's bring in rebecca rose woodland, a trial attorney and tom kenniff, a former prosecutor. no doubt watching and listening to that. good to have you both. let's get the conversation started. a lot of candor there. i'm curious, rebecca, as you mentioned this, football is

violent sport and so did trevor. is there any kind of legal case to be made for jonathan martin now? >> there actually is. aside from what the sport entails on the field, off the field it's a work place environment. off the field there are things that can happen that are normal and customary but normal and customary do not include of discrimination or racial or sexual orientation. we have title vii of the employment act and that just prevents that in any work place environment over 15 people. this is absolutely within that scope, harris. harris: you know, rebecca, i have an allergy to people overplaying any sort of a privileged card like a race card. and i really appreciated what trevor just said, what he said was i would like to hear the voice mail and hear the context myself. those were his words. sounded like a drunk dial. so that aside. >> okay. harris: because we all know we can invoke certain words into a conversation to make it legal but just what you know about

this case, aside from that, tom, is there a legal case to be made for jonathan martin or does he just go away? >> there is no legal case. this is an issue for the miami dolphins organization to handle in whatever way they see fit. this was not discriminal nation. it wasn't racial discrimination. this has to do with the culture of that particular team and the culture of the national football league at large. and i agree absolutely, you want to listen to the tape and whatever is on the tape, no matter how vile the words, and i'm not defending the language and certainly nobody else is, the key word is context. harris: context. >> how this conversation and what their relationship is. we may all find that word off offensive but it's a very big part of youth urban culture which is a big part of the nfl. harris: there are a lot of words. rebecca, move on to the next point if you allow me to. >> sure, no problem.

harris: when report first surfaced, miami dolphins vehemently denied anything was going on the with these players. then these emails and voice mails come to light. how. rebecca, your thoughts. >> will he go to court or federal court or will he let the players association handle this within the nfl? and those are many so different things. i don't know if he is actually looking for money. he might not be. harris he might be looking for what he believes to abettor work place environment and return to this team or another team and have treatment be equaled or even. he might not be looking for money. we don't know yet. so it is hard to determine and what he would receive if he proceeded. we don't know yet what was said, how it was said and if the coaches knew. harris: all right. i'm going to change the top i can real quickly before i let you both go -- top pick. new evidence of concussion fallout in the nfl. hall-of-famer tony dorsett,

supreme running back with the dallas cowboys in the '70s and 0's, he is now 60 years old he along with other players volunteered to have their brains tested. they were looking for worse results and those results came. for the very first time they found the sign of crippling disease with signs of concussion cte with living players. here is dorsett and i have a question for you both. >> i want to know if this is something come about because of playing football. i get frustrated. i get frustrated. i get frustrated and look at myself, you're not, you just in a shell. you're not, you're not anthony, tony dorsett. you're not him anymore. who are you? i'm too smart after person i like to think to take my life. but, it has crossed my mind. harris: so sad. tom, real quickly, the league paid out on this issue of

concussion. is it too late for some of these players to demand more if they find problems down the road more serious than they thought. >> i don't think there is anything here, harris. boils down to one simple legal phrase. assumption of risk. the nfl is inhernly violent, dangerous sport. football's a draws sport especially playing against 300-pound, six foot something individuals. you play this sport. you assume the risk later in life you could have problems either physical or mental. harris: all right. a few seconds, rebecca. >> the league did payout i don't think if he opted into that settlement you can't then pursue further money but the leaguageacknowledged there may be issues with their previous players and injuries. harris: rebecca, tom, thank you very much for a rich discussion today. >> thanks, harris. >> it is heart breaking to hear tony dorsett say that. big changes could soon be coming to your favorite snacks. what the fda wants to do and why

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>> surprise. >> you should be sitting here. >> i'm following you all today. you do the show at 1:00 too? >> i do. >> cool. chris wallace coming up here in a moment on the democratic angst we're hearing a lot. of. >> scott brown will join us. former senator and has interesting thoughts what is going on with obamacare. we'll see you at the top of the hour. >> misery solved. google is breaking its silence, sort of, about the mysterious barges like the one you see here floating in san francisco bay. lauren simonetti live from the fox business network with that story. >> reporter: so glad you added sort of. thank you very much for that. we know more and at the same time we know less about those mysterious google barges seen in maine and california. they're not wild party boats or floating data centers. at least that's what google tells us.

the company says this, although, quote it is early days and things may change we're exploring using the barge as interactive space where people can learn about new technology. so what is that new technology we're learning about? and how is it interactive? this is all still a mystery. i just got off the phone right before this hit with the executive director of the san francisco bacons vision and development commission and he says this is exactly the same thing google told him over the summer when it began building the barge. he add that is google has neither a permit or has applied for a permit but it will need one when and if it eventually operates the barge. the other mystery vest tell in portland, maine, is used for same purpose. interactive learning center for new technology. maybe, because google didn't rule this out maybe it is google glass, the eyewear. jon: data storage center. >> reporter: retail space. a party poet. we'll rule the party boat out

but that would have been fun. it is something innovative. >> stay on top of it for us. lauren simonetti, fox business thank you. harris: just in, a landmark ruling by the fda that would virtually eliminate all trans fats from america's food supplies. patti ann browne with more on a this. >> reporter: that's right, harris. the food and drug administration is announcing today that the food industry must gradually phase out all trans fats. trans fats are known as partially hydrogenated oils. they're used in processed food and restaurants to improve the texture, shelf life or flavor of food but we now know they raise bad cholesterol and widely considered even worse for your house than saturate rated fat. fda commissioner margaret hamburg says the new ban could prevent 20,000 heart attacks and seven thousand deaths every year. new york city and other local governments have banned trans fats. many companies and restaurants have been phasing them out but the fats are still found in some

microwave popcorns and frozen pizzas, refrigerated dough, ready to use frostings among other foods and hamburg says they remain an area of significant public health concern. so trans fats will no longer fall in the fda's category of generally recognized as safe. the agency has not yet set a timeline for the phaseout and in fact they say different foods might have different timelines depending on how easy it is to substitute the fat. harris? harris: thank you. jon? jon: well, some wounded warriors returning home from combat and getting some help from man's best friend. amazing details on the group that is making it all possible, coming up

jon: right now hundreds of

thousands of our soldiers returning from the battlefield especially those suffering from traumatic brain injuries and ptsd get some sort of government assistance. now some vets are getting real help from rescue dogs, all part of a program called, k-9s for warriors. molly henneberg live in washington with that story. >> reporter: jon, a department of veterans affairs study earlier this year indicated one veteran commits suicide every 65 minutes. k-9s for warriors aims to combat that problem. specifically it tries to build relationships between rescue dogs and returning soldiers with ptsd, post-tramatic stress disorder, and other traumatic brain injuries. some soldiers say the dogs help reduce their anxiety and depression, even help reduce the ptsd medications. one army soldier, david moore, who did two tours in iraq and one in afghanistan was paired with wilco the dog. moore says when his mine goes back to the trauma of war, wirco

helps him get through it. >> and i looked at wilco and everything was all right. he just happened to be the dog in the truck, my dog. and i was not alone. just for a second. quarter of a second, all it was. but i was not alone. >> reporter: many of the dogs from rescue shelters are set to be euthanized within days. k-9s for warriors comes in and sees if the dogs can be trained to help returning war soldiers. the also the soldiers have a difficult time leaving their homes and coming in contact with strangers. the dogs are trained to block people in front of the warrior and cover them in the back. >> no one can come up on them they're not aware of. the dog will alert if someone is coming up by a nudge, a bark or a paw on their leg, saying, somebody is behind you. gives them the comfortability that the dog has their back.

>> reporter: k-9s for warriors has been so successful it now has a year-long waiting list. jon? jon: a win-win for the dogs and the vets. molly henneberg. that is great. thank you. harris: that is such a beautiful program. a swim test for tiny tigers ahead of their big zoo debut. remember we told you about this yesterday. well, now we have the video. swim little kitty, swim. big kitty actually. we'll show you how it worked out. ♪ my customers can shop around-- see who does good work and compare costs. it doesn't usually work that way with health care. but with unitedhealthcare, i get information on quality rated doctors, treatment options and estimates for how much i'll pay. that helps me, and my guys, make better decisions.

i don't like guesses with my business, and definitely not with our health. innovations that work for you. that's health in numbers. unitedhealthcare.

okay we told you about this yesterday how the tiger cubs headed out for a wim in the national zoo in washington. >> look at them go. now we have a video of these little guys in the water.

they have to pass the swim. one cub didn't seem too happy getting dunked. but he did pass the test. >> happy birthday john scott. >> they are swimming in your honor. >> thank you for joining us. all right. it has become what is called a crisis of confidence. it doesn't sound to good. that made senate democrats nervous right now. welcome to hq. i am martha mccowan in for alisyn camerota. >> and i'm bill hemmer. would you call it the martha- thon. democrats up for reelection worried about obama care will drag them down and they want the president to do something about. that chris is here and what are you hearing among the democrats today? >>