and join -- join us again tomorrow for all the news. brian, good luck for the loading dock. >> that's where by for the facebook page. >> you like a physical challenge bill: rolling out on a fox news alert. awaiting two congressional hearings on an obamacare debacle. we get a bombshell report that indicates the website may not be fit about it the november 30 deadline. in moment we'll talk about the chair of the oversight committee and what he wants to ask today.

and democrats are breaking rinks on the healthcare bill. martha: one of president obama's staunchest supporters saying if americans like their health insurance you have to let them keep it despite the millions of cancellations that have been issued. bill: she is from a state where there has been a million alone. why has she suddenly joined this push to let others keep their plans. >> reporter: there has been an avalanche of concern coming into congress from her state california. that's why feinstein will co-sponsor a bill with mary landrieu of louisiana to force insurance companies to keep

offering existing plans. she says since the beginning of december i received 30,842 calls and letters from californians, many of whom are distressed about consolation of their insurance companies and face increased out of pocket costs. too many people are struggling to make end meet. we have to make sure we don't allow unintended consequences to go unaddressed. but there are republicans who aren't so sure the administration is surprised. >> those are not the unintended consequences. those are the intended consequence. >> reporter: there is no word on whether the majority leader in the senate harry reid will allow a vote on that landrieu bill senator feinstein is

co-sponsoring. bill: bill clinton, how does he fit into this back and forth debate. >> reporter: remember last year when president obama was running for reelection he called clinton his secretary of explaining stuff. now clinton is calling on the white house to do whatever it takes to stop those cancellation notices. >> i personally believe even if it takes a change to the law the federal government needs to honor the commitment they made to people. >> reporter: the press secretary assures us that president clinton and president obama are still seeing eye to eye. >> the president instructed his team to look at a range of options. understandably you and others ask us for details for what is under consideration. we haven't announced any

potential fixes or moves that we might be able to make to a dre this -- to address this problem. >> in that interview president obama said he thinks we are better off with the affordable care act than we were without it. >> peter thanks, peter doocy leading our coverage on the hill with what will be a busy day at the white house. >> a new ally from an unlikely place. former president dick cheney spoke out. here he is with gretta van susteren. >> that's something that ought to be attempted. but given the complexity of the system, you have got people who lost their policies, can't get new ones. the policies have been declared by law to be inadequate because of the can starts written for the federal regulations. i'm not quite sure how you go

peel back that onion. >> it's a big onion. how do we doer to what do we do from here. can the white house change the law? there is a lot of confusion whether that's follows without writing a new law. send us a tweet on that in the morning. martha: can they enforce that, independent american company? i don't know we'll stalk to stuart about that in just a moment. democrats are really starting to break ranks here and reports that the website isn't going to be fixed by the end of november so what happens? stuart varney joins us live. good morning, stuart. first question first. the website -- this thing is looking even tougher to get off the ground right now. >> reporter: according to valerie jarrett house the prince

ma'amed ed a -- the principal adviser to the president if. this a softening of the tone from the president's principal adviser. martha: with regard to putting this genie back in the bottle. saying we know you kicked $5 phil people off of their plans. now we need you to put them back on. is that even possible? >> it's highly unlikely it's possible. to do this. you can keep the policy you lake. to do that you have to go back into obamacare, the law, open it up and change the. state insurance commissioner would have to approve of this going back to the policy you like and the insurance companies would have to rescind 5 million

cancellation noticed. january 1 is the deadline so the closer you get to that deadline it's highly unlikely it's going to happen. martha: thank you very much. all the implications for allowing the obamacare system as it was written and connecticut constructed to work if all these people were allowed to stay on their plan. the idea was they would be kick off their plan with them being on the next plan which would be seamless and supposedly cheaper. we'll grind our way through it. todd park is ready to tell congress today that the problems with the web siept are unacceptable but they are making progress at a growing rate. that's according to reuters. we'll hear that in an hour. martha: they said majority of people would be able to get on and have the experience they need to have.

bill: two major hearings coming up this hour. a human tragedy withi tragedy, f survivors of that killer typhoon desperately trying to get a way out. food, water, medical supplies. basic antibiotics . relief efforts slowed by the massive damage. william lajeunesse streams live from the hard-hit town of tack low tbhan the philippines. >> reporter: the conditions are pretty bad. there are no facilities. it's literally a cesspool. this tent is owned by the police. we are stealing their power it's one of the few generators you will see in miles. the airport is a symbol of where we are today. there are signs of progress but

also how stubborn and per is tent the problems are. you see the victims of the typhoon, broken people every day hoping to get on the transport out. you also have people coming in trying to see if family members survived. the scene is emotional and it's also overwhelming. >> i came here [inaudible] there are so many ... i cannot describe. it's like -- >> reporter: but we are also making progress. you see more aid and aid workers. doctors from israel and belgium, welders from the philippines head out to repair the infrastructure. you see planes landing every five minutes with sprays stacking up on the tarmac. today i met two priests up there

on the airport giving counsel to those who lost loved ones. asking why did this happen, here is what one said. >> most people think got is taken away from them. but by having nothing they have come closer to god. >> reporter: it's a small city here. tomorrow i'll take you around and see how people are living under baggage counters and ticket counters and baggage claim. it's a bizarre, unreal scene. bill: william lajeunesse on the ground, it's tough tough work for our people going there and for the people left behind trying to make a better life for themselves. the death toll is holding around 2,200. some people feared 10,000. martha: it's hard to listen to

the desperation as the mother's voice as she tries to find her family. the minister said the less you have the closer you are to god. we wish them well. we have a lot to talk to you about this morning on america's newsroom. we have two big hearings set to get underway on the troubles obamacare website. the house homeland security chairman, they are taking on the countless security risks that playing this site. the chairman of that committee is going to be with us moat away. bill: also a cracked window. how did that force this plane to make an emergency landing that ground 200,000 passengers. martha: he spent 10 year behind bars for a murder he did not commit. ryan ferguson's stunning steery. >> i didn't know this morning i would be standing here tonight.

i didn't know the next step at all. it's very scary. very daunting. 0

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>> a packed american airline flight was forced to make an emergency landing because they had a cracked windshield. the pilot declared an emergency and landed the plane safely in orlando. the cause of that crack remained under investigation, bill. bill: fk *, the washington post reporting today it's unlikely the obamacare website will be fixed entirely by the end of november as the white house had been suggesting. that issue could come up during a congressional hearing. the man heading up that hearing, texas congressman mike mccaul. he joins me now. good morning to you. what is your sense about how

secure the site is today? >> that's the whole point of this hearing. we'll hear from department of homeland security officials. shell secure the.gov space and also from web sites of professionals. but sebelius and hhs rank nearly at the bottom of cyber security. they are the second worst agency in term of their rankings in cyber-security and it's 50% rate. that's a great concern when you look at what type of information is being stored in the exchanges with this website. it's a lot of personal data. so security information, e-mail, addresses, health information, which is some of the most private information americans have. so what i want to know not only when can they figure it but when can they security. bill: are you aware of this memo from september 3.

henry chow will be in. >> the hearing. it said the risk and threat potential of the system is limitless. what does that tell you? >> it's limitless -- we study cyber security extensively. just about anything can be hacked into. given the track record of this website and the disastrous rollout -- i'm not sure it will be fixed by the end of this month. i don't believe that. but what i'm most concerned about is americans' information being accessed and hacked into. they can take this information and use it for identity theft. and that what's we want to do, protect americans from that scenario. there were probably an estimated 500 bogus web sites out there of fake web sites that say it's obamacare but it's not. it's not healthcare.gov.

bill: i haven't heard that before. 500 fraudulent web sites? >> estimated 500 web sites trying to steal personal information so they can exploit that. it's very important if we are going to move forward number within that it gets figured and number two that we secure this information that's personal to the american people. bill: the post reports 20,000 to 30,000 attempt at one time. that's when the system reaches capacity. the contractor who built the site they succeed in fixing 6 out of the every 10 problems they come across. here is the president in the city of dallas, texas. listen careful live. >> the website is already better than it was at the beginning of october. and by the end of this no we anticipate it is going to be working the way it is supposed to. and folks are working 24/7 to

make sure that happens. >> we anticipate it's going to be work the way it's suppose to. you have got more than 5 million americans that have canceled policies. what are you going to figure out here? >> this is why we have argued for delaying the implementation. we certainly should delay implementation until this website gets fixed. but i would argue we should delay implementation until we can assure the american people this website is secure. i don't believe it is. at the hearing today we'll hear about how insecure this healthcare.gov website is. and it's going -- this is a disaster for the administration. and it's going to be more of a disaster that people are stealing americans' personal data from this website and exploiting it for identity theft. that's way wants to stop as chairman of the home toledo security.

bill: your hearing begins in 40 minutes, we'll be be rinsing then. thank you for your time. martha: he made international airlines after admitting he smoked crack cocaine. now get ready for rob ford's bobble head doll. a good christmas present. bill: he spent nearly 10 years in jail for a crime he says he did not commit. now freedom. >> i'm glad to be here. but i want to thank the attorney general for looking at the facts of that case and making a decision based on those facts and doing the right thing. ♪

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martha: the house oversight

committee is about to get underway on capitol hill. henry chow is the deputy chief information officer for the centers for medicare and medicaid services. he was one of the top officials in charge rolling out this plan. he says the marketplace does east in stringent privacy and security control which is interesting because we had another comments that said there was no reason to people it was safe and secure. the other thing we can expect from him as well is the administration failed to test for healthcare do the governor . we were told it was because of the flood of traffic and that's why they continues get on. but there are a lot of questions about that now. so that's a little bit of what

we'll hear from henry chow that will get underway in a few minutes and we'll take you there live as soon as it does. in the meantime we want to get to this story. a missouri man who spent nearly 10 years behind bars for a murder he says he did not commit is now a freeman. ryan ferguson thanking his supporters after an appeals court found he was wrongly convicted. listen to this. >> it was difficult from the beginning knowing that you are innocent and everyone you knew and talked to, they are not talking to you and you don't know what they think or what they feel. the people who have been there, it was a handful. i can't even really find them all. but you know who you are. i have so much respect for you guys. it means so much to me. martha: mike tobin has the background and what happened

with this story. >> reporter: right up to the point where he walked out of jail he said he feared his ordeal was not coming to an end. he was afraid scenes got to the county jail he would be arrested for the same crime. but at 6:00 p.m. last night he walked out a free man. >> having gone through with i have gone through with our justice system, i was kinds of scared about what was going to happen next. i didn't know this morning i would be standing here tonight. i didn't know the next step at all and it was very scary, very dawrnght. so, you know, i'm glad to be here but i want to thank the attorney general for looking at the facts of this case and making a decision based off those facts and doing the right thing. >> reporter: physical evidence, bloody footprints, evidence from the scene did not point to ferguson. it was testimony from a friend.

chuck erickson who later recanted that testimony that was largely responsible for his conviction. when the conviction was finally vacated it was vacated because prosecutors failed to disclose evidence to ferguson's attorney. he said it's incredibly easy to be charged for a crime he didn't commit. but to get out of prison takes an army. he said that referring to his family and all the people who supported his appeal. martha: what did he say about his friend who pointed the finger at him in the first place? >> it's interesting. he's not bitter. chuck erickson is the man. he said he smoked a lot of pot and drank a lot of booze. and he didn't remember the crime. he only remembers it by a dream. ferguson says erickson was

manipulated by unsoup plus prosecutors. martha: he's a free man today. from a dream, wow! we are minutes away from new hearings on obamacare's disastrous rollout. we are hearing what the top tech guy from the white house will tell us. that hearing starts as you can tell in a matter of moments. martha: more key democrats running for cover from obamacare. why this senator's support for letting folks keep the understand that they like is very significant. >> reporter: i want to get your reaction to a comment you made in an interview that was posted today. you said president obama should honor his commitment to people who have lost their healthcare or are losing their if it means] does the president agree with that comment?

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bill: fox news alert from the hill. darrell issa is entering the room. the president's top technology man and others appearing on the hill. a bombshell report claims the website may not be fixed by that newly created deadline of november 30, not even close to that. mike, what a day this will be?

>> reporter: there will be some tough questions from republicans on this committee because todd park, the white house chief technology officer, they had to subpoena him to get him to show up. he will be here and he will answer questions but you can expect there will be tension in the room as they try to get to what's being done to fix it, what went wrong and whether best technology practices were used in terms of starting this website. there is also a chief information foreofficer for the department of health and human services because some folks were defending todd park saying others should have known better. bill: there is darrell issa. just want to drop in here and get his opening statement. to our viewers at home we'll be taking commercials during these hearings but we'll give you all the headlines as soon as we get them here on america's newsroom. >> the american people have a

right to know the money government take from them is well spent. it's our job to work tirelessly with citizen watchdogs to deliver the facts to the american people and bring reform to the federal bureaucracy. 3 1/2 years ago, closer to 4, in a partisan vote, the house of representatives passed the patient protection affordable care act, commonly referred to as obamacare. the act gave this administration more than three years to up amendment. it gave them virtually unlimited money, insured them for all practical purposes they need not come back to congress ever again because they created an entitlement, one that raised its own money, spent its own money, created its own rules. the 2,400 pangs tha pages that d

into law and red afterward now represent tens of thousands of pangs of regulations created by this administration based on this administration wanted a law interpreted. meaning, that legislation created 3 1/2 year ago was still being written in late september. the cornerstone of the president's sitting achievement included a website, healthcare.gov. this sight and parallel sites create bid some states were supposed to make it easy to have an online marketplace. it was in fact an attempt to duplicate what hundreds perhaps thousands of income anies large and small around america do well every day.

october 1 president obama said using it would be as easy as buying an airline ticket on kayak.com or buying a television on amazon. this is an insult to amazon and kayak. on the day of the launch, president obama should have known the harsh wisdom we have all learned since that time. that was, they weren't ready. they weren't close to ready. this wasn't a small mistake. this wasn't a scaling mistake. this was a monumental mistake to go live and effectively he can mowed on the launch pad. for american people obamacare is no longer an abstraction and it is a lot more than a website. for mill -- for millions of mayr kaints's about losing insurance

the president promised you could keep, period. for millions of americans it's about premiums going up when you were promised they would go down by $2,500. big businesses lobbied and received an obamacare waiver. however, the individual, the taxpayer, the citizen, the on the real recipient of healthcare, did not. individuals still have to pay a penalty if they don't have insurance that meets a federal standard, a standard of what your government, your nanny state believes in fact you must have. the penalty is still in effect and even if new exchanges don't function. the penalty is in effect even if you planned on keeping the healthcare you wanted, period, and discovered it is now gone. or have yet to discover because ultimately if you are on an employer plan you may not yet

have found out our employer either cannot afford or cannot receive the healthcare you have grown accustomed to. the specific reason we are here today is a narrow part of this committee's oversight and legislative authority. it's in fact to examine the failures of what should have been an i.t. success story. nearly $600 million, 3 1/2 years, is larger than kayak ever dreamed of having to set up their web sites. it's larger than e-bay spent in the first many years of a much more complex site that auctions in realtime millions and millions of products a year. we are here to examine a failure of technology not because the technology was so new and innovative, not because this was a moon shot, not because we

needed lockheed martin and rockwell to invent some new way to propel a ship to the moon, but because we have discovered and we'll undoubtedly continue to discover that efforts were taken to cut corners to meet political deadlines at the ends. that for political reasons rules were not reeight i -- were not n a timely fashion. the rules that should have been created in a timely fashion were still being given to programmers in september of this year. i recognize there are divisions on this committee as there were when obamacare became law. many members including myself believe that there was and is a healthcare crisis in america. a crisis of affordability. and insurance is simply a way to score what that affordability is, not to drive down the cost.

many members including myself opposed this new law because we thought it wouldn't work and it had no systems to reduce the cost of healthcare from the provider. my friends on the other side may correctly note as i will here, that's americans are benefiting from obamacare. at the cost of trillions of dollars over a 10-year period, i certainly hope so. but divisions over whether or not taxpayer money taken and pushed back out to needy trying to afford healthcare is not the subject today. unfortunately during the first two years of the obamacare law under speaker pelosi, there was no effective oversight. oversight was shut down during the first two years of the obama administration. and the minority pointing out anything was ignored.

bill: this is the opening statement from chairman issa talking about an insult to amazon.com and kayak.com and a lot of comments about what it cost e-bay to set up its auction site where healthcare.gov failed miserablably. you are about to hear from todd park. we have to take commercials today. you will not miss anything on the other side of this commercial break. more from the hill in a moment. martha: can the president really fix obamacare and let americans who lost their insurance policies get them back? can you do that? [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat?

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martha: we are back and we are watching the live hearing that's underway of the overtight committee. we'll be hearing congressman john connors. as we do that we want to bring in our panel, alan colmes and katie pacolich. we'll hear from todd park. we'll hear from henry cho. one of the questions on my minds, at any points were you pressures to roll this out october 1 for political reasons? >> they should not have rolled it out if it was not ready. they should have point in wasn't ready to go and they should have delayed it. different from the policy itself sp but the implementation has to work and what we are seeing on the screen, the system is down and it should never have

happened. martha: how significant is it? we heard comments from bill clinton. he said the president needs to honor his commitments when edtold people if they wanted to keep their healthcare plan they could. that was a huge relief to so many people across the country. now presiden president clinton g that, mary landrieu is saying that. his democratic support seems to be peeling away. >> it's not just republicans. it's big democrats like bill clinton and dianne feinstein in california not to mention democrats up storm reelection in red states in the senate next year. when it come to the credibility of the president. quinnipiac is very bad for president obama. 52% of the people don't believe he's honest and don't trust him.

at this point i'm not sure they will be able to get 5 policies that have been dropped even though they were promised you could keep them in the first place. martha: it occurs to me when i look at dianne feinstein, mary landrieu and others callinger to this to be put back in the bottle. barbara milkulski came out quite strong and has always been a big supporter of the president. why did they vote for this. this was in the law in the first place. >> they are not saying it should be repealed. martha: if they wanted people to be able to keep their health insurance which they are saying they want. from clinton through these other three we just mentioned. why did they vote for the plan? because this was in the plan all along. so why did they vote for it?

>> you are talking about 3% to 5% of the population. they probably didn't anticipate the understand companies would be bad actors and change the policies on these junk policies. the president also should have said it depend upon the continues companies being willing to keep the plans people have. this is bad actors and the part of the insurance companies. martha: it's basically an admission that they didn't know what was in the plan because now we know that this was always there and they anticipated 60% to 70% of those people with independent policies would end up getting pushed off the plan they liked and had. >> president obama didn't. you go back to the summit he had with lawmakers and it's on video saying 8 million to 9 million people will lose their insurance plans. now all of a sudden that is coming to fruition and people are losing their plans.

now democrats are interesting in saving plans. it comes to the insurance companies, they are complying with the law. the bad across toarts are president obama and the people -- the bad actors are president obama and to say it's only 3 per to 5% of the population is he can really degrading. those 5 million people care about the plans they had. >> for years we never heard about the 47 million people who are uninsured. it's great to hear some compassion from the right about the people who never had inin the fir place. all of a sudden they are concerned these people. martha: are you concerned about the 5 million people? >> i would like to see single pair. i think health innis a right. i want everybody in america to have health in.

>> i'm glad to know you are finally admitting this is about single payer which is what the president and wanted. martha: he always said that's what he wanted. here is a big question for you both. what does the president do now? he's sitting in the oval office. bill clinton is telling him he has to change the plan. and the ground has fallen out from under the technology of this. what does he do now? >> he ought to take bill clinton's advice to find a way to open up and tweak the law so insurance companies are forced to provide to people who have lost their plans. i'm not sure how you would woirtd. this healthcare reform is about insurance reform. they have to reform it further to make sure these people get the plans they originally had. >> obamacare was suppose to be getting uninsured people insured. i'm not sure president obama can go forward and get the plans

back. bill: we did the research on that question earlier today. you have to change the law, which goes back to congress. it's a deep barrel. back to the hearing. you will hear from the main players and steve hayes next.

bill: representative cummings will deliver his opening statement. we'll hear from todd park, henry chow. there is growing pressure by democrats to fix it. 5 million have been kicked off their insurance. how do you get it back. mike mccaul is also about to start a hearing on internet

security. >> there are 500 bogus web sites, fake web sites that say it's obamacare but it's not. it's not healthcare.gov. these other web sites true to lure you in. bill: you say dissecting this law now or rebuilding it is like playing that jim ganga where you try to knock a piece out and make sure the pile doesn't fall down. >> this is the fundamental problem with what democrats are facing. you can't pull one little piece out and expect it to stand or pull one after another and try to rebuilt as it's currently structured. i think this is occurring to people and i think that's why you are seeing democrats having trouble defending the law. >> our brain room did some research this morning. this is what they conclude for

the 5 million plus on the map that we saw a short time ago. the president would have to sign legislation for changes into the healthcare law. that means it goes back to the hill. >> well, the president has made quite a few changes to the law without signing new legislation. but i think at this point very difficult for him to do anything significant and substantive to change the implementation of the law without going back to congress and what you have in congress is a republican party that stands strongly opposed to the law and democrats increasingly waried about defending it and implementing it. i heard a democratic senator from maryland, one of the strongest supporters of obamacare say we need to revisit the independent payment advisory board, the so-called death panel. this is from a defender and

supporter of the law. bill: thanks, steve. thank you, steve. martha: we are expecting testimony from the top technology officials coming up behind obamacare. how did this mess unfold? [ male announcer ] eligible for medicare?

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this easy-to-understand guide will answer some of your questions and help you find the aarp medicare supplement plan that's right for you. martha: welcome back to a very busy morning on capitol hill today. the house homeland security committee is just about to start their hearing. theirs will be looking into the privacy and security concerns what happens to your data when you log on to obamacare. welcome everybody, to a brand new hour of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. good morning at home or the office wherever you're watching now. follow along because there's a lot, frankly there's a lot to follow. at the moment two health care hearings on the hill. one in the homeland security committee and one in the house oversight committee. we also expect a pair of news conference this is hour and one from house speaker john boehner and house republican leadership and house democratic leaders. obamacare likely topic number

one for both today. martha: absolutely. amidst all this troubling pole numbers for president obama. since the rollout of obamacare the president's trustworthiness has taken a huge dip down. 10%. that is since october the 1st. this is a new "qunnipiac university poll." on question of honesty and trustworthiness. down 10 points since october the 1st. we have chris stirewalt. host of "power play" on foxnews.com. good morning to you. we get the hearings underway. we look at trustworthy numbers. reminds me in some way the digs numbers took for president bush dealing with the iraq war. >> oh, yeah. martha: we're seeing a big slide here for the president. >> we're actually seeing a lot of parallelism between the iraq war and obamacare. we've seen at this moment, president obama has in the same

quinnepiac poll, his job approval is in the 30s for the first time in the poll, dropping to 39%. we're seeing in the "gallup poll" tracking a mirror i am imagine for tracking of second term for president obama and president bush. we recall president bush left in the 20s or in the 20s for a period of time when he left and was unable to do anything in his second term other than hold the line on his war effort. you get the picture with the president this embattled and mistrusted by the nation, the people of this nation, even doing that, even holding the line with surge on obamacare is going to be pretty difficult as people lose their health coverage. martha: what does he do? if you're in the president's shoes and want to win back the credibility, it will be a long three years if he can't do that. >> what democrats would like him to do is take the hit himself and let them off the hook. the cries are rising every day. you were talking about it

before, president clinton, dianne feinstein, curt schrader, democrat from oregon, the list grows and grows and grows of people who are essentially say the president was not hoonest, that he was not honest in dealing with the american people. the president needs the insurance policies to be destroyed in order of his larger bowls moving americans into a program that he likes. in order to do that he needs the plans to be destroyed. democrats can't take the political heat. they need to watch his numbers crater, maybe veto legislation passed out of congress to remedy problems in the law. watch his own numbers crater in order to save the law. is he willing to do that? i don't know. martha: is he willing to do that is a huge question. how much does this program mean to him? you know only the president nose how much he still believes this can actually work when he watches all of this playing out. and you know, chris, obviously the technology is what the

white house is falling back on at this point. we saw these five individuals take the oath. they're now under oath and they will testify what their understanding was about how ready this thing was to rollout. and you know, it raises this whole question of whether or not there was a political push to get this thing out by october 1. i hope that's a question asked here today. were you ever pressured to say this looks good, this looks okay? >> when ideology trumps competency or prevents competency from taking place in government the underlying ideology is damaged. what you see her is ideological choice by the administration to proceed. a political choice to proceed. an idealogical choice to destroy the health plans that the president thought that fit his world view. those choices, when they come up against incompetence and the inability to launch a website, when those two things smash into each other it is ideology

underneath it, the believe in heavily regulated insurance, is damaged not just the trustworthiness or competence of the administration. bill: chris, we're told henry choo will give an opening statement, chough. much. carney said we do not see that, changing the law, as fixing the problem. that foes to your point. the white house sees insurance policies that you don't like whether you like it or not? >> that's right. the big issue here is, what we're talking about here now, clinton democrats are moving down the path what will be replacement for obamacare. they're saying let's not dwell on the fact this thing burns like a garbage scow in a harbor. let's go ahead and skip past that part and how do we change and replace this thing,

positioning red state democrats for 2014 as survival plan and hillary clinton for 2016. the republicans are not quite sure what to do to get a fix. do they take it piecemeal or large-scale replacement? we haven't heard from the administration yet, are they prepared to lift the hood on this sucker and start doing some major repairs on the engine or is the president as i said before will ride the thing out, hopes dismantling the existing insurance program what comes out on the other side will eventually be seen as good and eventually be called obamacare not mockingly but postively. will be vindicated by history. bill: that is long ball politics, man. yeah, man. bill:0-yard bomb 3 1/2 years. mike mccall is holding a hearing, not one you're looking at. he is looking at security of the website. what he told us last hour, there are 500 bogus websites that have

been set up in the name of obamacare and name of healthcare.gov. we're about to find out from todd park whether or not the website is safe and secure. that is going to go a long way whether or not they can reinstill confidence people need to log on to give tax information, social security numbers, personal information, chris. >> that ain't a bipartisan issue. that's a non-partisan issue. no politician in america wants to be the one that said, sorry about the identity fraud. sorry that you got your life savings taken from you because of identity fraud and hackers and, remember, we know about what is going on in china. we know what is going on in russia. we know about all of the people who work a lot to try to steal information about americans to put all that data in one place. it was very chilling to hear the interview you had with the congressman to think how regular old-fashioned domestic fraudsters are putting out fly paper to track down people who, what could be sadder than, disowe -- possessed of their

health insurance because of the law and trying to get on a site that will not work. ending up with a fraudster site and getting ripped off. is that not the saddest thing you can think of? martha: it is. cry me a river. this is a very, very, sad situation for a lot of folks. we're waiting, now, chris to hear from todd park and hear from henry chao, the i.t. guys in charge of the whole thing for the white house. the gentleman will be testifying in a few minutes. we'll get back to him when we get to mr. chao and mr. park. we believe they could be some of the most powerful testimony. john boehner is about to speak as well and give us the republican perspective on the hearings this morning and where they stand. we'll get you that live as that gets you know way as well too. here's a look at that room where john boehner is about to come out. we'll take a quick break and we'll be right back with more.

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bill: a number of things popping now from washington all centered on obamacare. henry chao is now speaking livering an opening statement, which goes eight pages in length. we'll bring you the headlines and capture question and answer which is more revealing than the statement itself during that hearing. meantime the republican leadership on the house side just come out as well. that is john boehner, eric cantor, cathy mack morris rogers they normally talk about jobs. today however as expected the topic is obamacare. we'll role that right now. here is mcmorris rogers, republican from washington state from a moment ago. >> today by talking about debbie brown. debbie brown is from garfield county, in washington state. she is 53 years old. mother of one. she is the grandmother of two.

and she has received a notice, a cancellation notice on her insurance policy that as of december 31st, 2013 that plan will no longer be available and her story like some others is very common. it is, she is an average, hard-working american. she works at a gas station there in town to help provide support her family. and yet she is wondering what is she going to do? she find herself uninsured right now. and these stories are repeated. in fact the ap reported last week that 3.5 million americans have received these cancellation notices. nearly 300,000 in washington state alone. and yet for years, several years we heard the president make that commitment that if you liked your health insurance plan you would be able to keep it and he needs to keep that promise. the legislation that we're bringing forward this week is

one that will allow those americans to keep the plans that they have been promised. it is as simple as that. people all across this country are being harmed by this law. and it's time that we listened to the american people and that we take action that is going to help them, help them make sure that they do have affordable, quality, health care. >> fred upton from michigan. in my state 225,000 people received notices that their individual plans are being canceled. as i came back yesterday afternoon, i don't think there was a single event where i went to where someone didn't come up to me and talk about the plight of their own policy being canceled. our bill will fix that. it will allow them to be able to use the policy that they had earlier this year, to be counted as a grandfather, and thus not be penalized and be able to keep that, should they desire under the affordable care act.

president, former president clinton said yesterday that this president ought to honor his commitment to the pledge that he made. when president obama said that, he end it with the word, period. that means that it ought to stick. >> you know the president promised the american people that if you like your health care plan you can keep it. but for richard in springfield, ohio, a town in my district, that is not true. richard received one of those notices that his plan was canceled. went to get a new insurance and found out that his insurance costs was going to double. now, you have got millions of americans who are going through the same experience. as fred just said, president clinton yesterday made clear he thought president obama should keep his promise. the president has an opportunity over the next couple of weeks to keep his promise.

we'll move a bill through the house this week. i'm going to optimistic that the senate begins, starting to see some momentum over there to move a similar bill. this is, this is not about politics. these are about real people in our districts, that are being harmed by obamacare. it is time to fix this law. >> good morning. and i too, again, have a, one of these letters, these cancellation notice that is have been sent out to millions of americans. despite the president's promise to otherwise, people in america are not being able to keep their health care plans if they like it. now back in 2010 we had a meeting at the blair house with the president before he signed obamacare into law and i raised with the president the issue of plans being canceled and there the president actually admitted

that he knew people would lose their plans yet he kept making this false promise that somehow people could keep their plans if they liked them. now house and senate democrats repeated the president's promise and now they have abandoned it. as we have heard, so have president clinton this week, president carter last week. and on friday, we'll see how many democrats will put their constituents over politics. chairman upton's keep your plan act is simple. it simply allows insurers to make good on the president's promise. it's not going to fix the entire problem and it doesn't stop obamacare from being a train wreck but it is a good first step. and listen, we have only begun to see the tip of the iceberg when it comes to the broken promises surrounding obama care. and as costs soar, quality of

care declines we'll continue to fight for our constituents who don't deserve to have their health care and their paychecks take such an enormous hit that they're enduring here under obamacare. bill: all right. that from the hill. now come the personal story, that is kevin mccarthy, republican from california. now you hear personal stories attached to the five million plus insurance policies canceled from coast to coast. this is happening with a little democratic pressure. you see the poll numbers from quinnepiac, they are not good at all, 52-44, consider the president not honest and not trustworthy. a job approval below 40% at 39%. martha: will be interesting to see the vote they were talking about in terms of whether or not they can pass legislation that would insure that you could keep your health insurance if you wanted it, to put the toothpaste back in the tube we've been saying. there may be a lot of democrats that want to get on board as

well for their own political protection. we'll get into that a little bit more. we'll take you back to the oversight committee as that continues. we wait for todd park, one of the main technology guys from the white house. we'll get to that as it gets underway. i'm beth... and i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. infrom chase. so you can.

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even choose 48 months interest-free financing on the new tempur-choice. the triple choice sale is on now at sleep train. martha: todd park is testifying now in front ever the oversight committee. by way of background, he was subpoenaed to appear here today. the administration refused to pull him off the project to testify prior to this. darrell issa subpoenaed him to appear here today. he has started by doing very sort of basic background. he said obamacare, the aca, rolled out on october the 1st and now they're bouncing around a little by as we want to keep an eye on this and listen in. they're going back and forth on the technology as we wait to get

into the real question and answer period here. so we're going to wait until they go back to mr. park. it is interesting to remind everyone of that, that the white house did not want todd park to testify here today. they said that he was needed too desperately to fix this plan. we saw jay carney answering questions about this in the briefing room and he was subpoenaed and brought in. and so it was, it was not an easy haul to get todd park here. let's bring back in chris stirewalt as we look at what isd all of this, chris, serves as a background for all of these members of congress as they try to give answers to their constituents as they go home over the thanksgiving break, gee, this is not the way they were supposed to go. my aunt and uncle were not supposed to get letters in the mail saying they don't have health insurance anymore, right? >> right. and the high-tech, gen-x,

cutting-edge, blackberry scarlett johansson was not supposed to be terrible at internet. he was terrible at internet. this is particularly embarrassing for the president and administration that credits itself being so good at technology and the internet. he did an interview last week with msnbc and he said, you know it's different in the public sector and private sector for the campaign, we can be quick and fast. in the public sector it is difficult. one wonders for the people who are now being compelled against their wishes and will to purchase government-run health insurance, whether they think there is irony in the president lamenting how bad the federal government is at doing things when they're being compelled to buy health insurance through the federal government because of his law. martha: that's a great point. he said i would fix it myself but i don't write code. >> those are the i.t. guys. martha: so that is why we're hearing from actual i.t. guys.

>> we're looking at the meetings with marilyn tavenner and meets with the president and there is pushback, the president said i was assured everything was okay. somebody it looks like was protecting the president from really understanding what was going on, at least that's what they're telling us. >> right. there is a phrase we like to use down here, may have heard called plausible deniability. martha: exactly. >> how do you protect the boss man when the going gets tough. mr. park talked about how he was from the private sector. he would no doubt like to return there but probably not return there under cloud saying it was his fault or this guy's fault. the scapegoating, search for a fall guy is very much on inside the administration. you can see it. how high do they need to go? does it need to be sebelius? will a lesser percentage do? can they take mr. park, they

never told us they were bad at internet. we're very angry at him so he is being fired. how big of a takedown does the president need to stop the slide in the accountability numbers and will voters buy the idea that the president's significant achievement hung on the internet site he didn't pay any attention to and let it launch without ever checking? martha: we're learning about mr. park's private experience as you just mentioned. before the tile he turned 40 he had established two medical online systems for insurance companies. you can see where they thought he would be a good guy to do this. >> yeah. martha: another interesting thing we learned from mr. baitman, amazon.com called him in the middle of all this. of gee, you guys are having a rough time and we do well coordinating public in a marketplace. if you need any help, let us know. mr. baitman said, in the emails i've not been involved in healthcare.gov. i'm still trying to figure out

how i can help these guys in the situation but gee, thanks for the email, amazon.com and we'll get back to you. >> that's exactly the thing is, that democrats, the democrats identify themselves as party of technology. and the president's greatest political boosters, the biggest patrons, the people who in large part are many coulding to rival even government employee unions for influence inside the democratic party are people in the technology industry. they love partnering with government. they love government contracts. they love working with the government, even the nsa maybe. but we see this deep relationship. they are baffled then they could not build a website and jeopardize and possibly end the hopes for a 1--year goal for democrats to have -- 100 year goal for democrats to have provided universal got health insurance because they couldn't do a website. martha: charles krauthamer thinks this may be the straw

that breaks the back of liberalism. >> we anticipate questions to begin any moment now. this on a day when the "washington post" reports it is highly unlikely that, for this system to be ready to go by the end of november as the president just mentioned a week ago. darrell issa, chairman of the house oversight committee to todd park and henry chao. what will they say and how far will they go explaining this? >> basically said the problem with the website was there were 250,000 simultaneous users. they could have handled 60,000. but that 250,000 simply slowed it down or brought it to its knees. with your opening statement, the opening statements of others and what you now know, would you like to please, for the record, give us the number of simultaneous users you believe could have been handled through the portal on day one? >> thank you, mr. chairman, for the question. it's the nature of this kind of

situation -- >> mr. park,. >> yes, sir. >> i want to treat you with respect. >> yes, sir. >> i've got very few minutes. >> yes, sir. you gave that number, the number was erroneous. it couldn't handle 60,000 simultaneous users. document that is will be placed in record that show on september 30th, the system crashed with 1100. the goal was to get to 10,000. would you like to tell us for the record, based on your working on this, what number the american people could simultaneously be on the site working on, on day one before the system began to time out? >> so, to answer succinctly as i can, thank you for the question. the information that we had at the time was that cms had designed the system for 50, 60,000 concurrent users. right now, if you ask me right now, based on what i know now, what the system is currently capable of handling, the thing i would be comfortable saying is that the system has been

comfortably handling at present, about 20 to 25,000 current users. >> sock okay. so it is fair to say, and i will paraphrase on day one, october 1st, at the launch, some amount greater than 1100 which was experienced on september 30th, closer to the goal set on september 30th which they thought in documents the committee received, they could get to 10,000 simultaneous, on day one, october 1st, when this site launched the site was capable handling somewhere more than 1100 but somewhat less than 10,000 simultaneous users, certainly not the 50,000, 60,000, or 250,000, that simultaneous tried to use the site is that correct? >> there may be a matter of confusion here which cms may be better positioned to clarify. >> okay. >> because i believe that the 1100 number was for a particular unit of capacity. >> okay.

>> as opposed to entire system but i will defer -- >> the problem there was a front door and that unit of capacity was limited by the front door. and i think, i come out of the i.t. world and i come out of the tech world but the american people can understand you are only as strong as your weakest link. if you have a bottleneck causes people trying to get through the site, not to be able to do it, not timeout, that bottleneck what determines it, since on day one, only six people got to the end, i think that for the american people, understanding the whatever the capacity is today, the capacity was insufficient on day one. isn't that correct? >> so, sir, just in interest of providing most accurate testimony i can -- >> i only want to know on day one was the capacity sufficient? >> i can't speak to the numbers you are talking about but clearly on day one, clearly on day one the system was overwhelmed by volume.

okay. >> mr. park, you're going back to something i hoped you wouldn't do, maybe gao can answer, volume on day one was not what it expected on day one, was it? the volume on day one if everyone is going on the site to see what it is all about, mr. browner? >> i don't have those specifics, mr. chairman but i will say this. these volumes, you go for examples on irs, e volume and people filing taxes on 11th hour, this is the same problem that irs deals with on annual basis. what you need to do is appropriately plan for your performance and stress testing and there's fundamental questions whether that was adequate here. >> well, that's what we'll discover through the the panel. mr. chao, i told you i would come back to you. you testified under oath on pages 151 and 152 on the minority's questions, that basically, and i will paraphrase because of time, this site, the

anonymous shopper function, did not work. now we've seen a document with cms on it dated in the last day, september 25th that said it passed that test. is it that you did not know it had passed test when you made your statement saying that it failed? >> well, first of all, chairman, i would like to say that after working with your staff for eight, nine hours, as well as the minority staff, going through this transcribed interview, i've not had a chance to look at this, so this is the first time i'm actually seeing the results of that day. so -- >> what was it, look your job is to know what is in the site. the cms report that said, and this is september, before the launch, that you, the test had been passed successfully on the anonymous shopper. you testified that it wasn't. it wasn't and that is why it was turned off. >> correct. >> are you prepared to say under

oath that the anonymous shopper was turned off by your knowledge, not your guess, not your hypothetical, but are you prepared to say the anonymous shopper was turned off because it failed the test? and that is, that would be your knowledge based on what you knew? >> my words were not that it was turned on or off. i think that is actually technically incorrect. i said it was not made available because of failed testing. so you hand me this page 151, 152 which i have not reviewed this for correctness and accuracy and i suppose you're handing me this other document that says -- >> mr. chao, what we're doing we're saying that cms documents show that the anonymous shopper tested positive. it worked. you said under oath, and i'm sorry you may not have remembered what you said under oath but, when the minority asked you what is normally nice questions, self-serving questions, help you rehabilitate yourself questions, they're on your side, you said, effectively, that you gave a reason, which the ranking member used in his opening statement

effectively. >> right. >> that the anonymous shopper was turned off other than political, right? >> yes. i wan to know what it was going to cost an was not, if in fact it was not on, mr. park said it had didn't components, that portion could have been much more effect tiff. the american people could have gotten on and shopped. >> this line of questions i was answering about anonymous shopper in context of my knowledge under oath that it did not pass testing. i have documents that show it did not pass testing. >> okay so -- when mr., chao, my time has expired, when hhs and cms delivered documents showing it hasn't passed we can have you back. right now the documents provided to us by the vendor show that it did peace on a cms document. that document is placed in the record. if anyone would else like to

the, they said it passed test. the administration in their absence of transparency showing a failed test. but the document we have today, which says cms all over it in the record says it passed test. it passed the test you said under oath it failed the test. our problem is, the people you work for won't give us the documents that we can fully understand that. just as the people you work for won't answer a simple question to the ways and means committee which is, how many people have signed up? we even under subpoena. with that i recognize the ranking member to try to rehabilitate your testimony. >> mr. chairman, i, let me be clear that we have staff who work just as hard as yours. it is not about self-serving. it is about getting to the truth and i, i would not insult your

staff and -- >> i wasn't insulting your staff? >> well i take it was insult. >> i said was -- >> not about self-serving. it is not about rehabilitating. about trying to get the truth period. truth and nothing but the truth. i'm not going to try to rehabilitate as you said, mr. chao. >> maybe you can get him, give us the documents? >> in a few moments, somebody else on this panel will present the documents that, there is something thaw did not disclose just now, that i will will be brought out to show that your statements are inaccurate. now, mr. park -- >> will the gentleman yield? >> of course. somebody else will bring it up. >> so somebody else will rehabilitate? >> no, no, no. no. again, we will show you the document that, there are some things blacked out that you have not disclosed and we'll show you those in a few minutes. mr. park, if i may proceed,

mr. park, although we have not met before today i understand that you have an understanding and, outstanding reputation in the i.t. community. i did not know this previously but the cofounder of your former company, is jonathan bush athenahealth. who is the cousin of former president george bush, is that right? >> yes, sir. >> i have a quote here that mr. bush, the cousin of former president, gave to a reporter a few weeks ago and he says, this about you, and i quote. todd is uniquely thoughtful, dedicated and precise. he's a manic problem-solver. blind to partisanship. if there is anyone who can fix the problems with the exchanges, it's todd. mr. bush also said that you are

working so hard to improve the website that you, and i quote, spent the first week of october sleeping on the floor of his office as he tried to help get healthcare.gov off the mat. is that right? >> yes, sir. >> well your reputation certainly proceeds you. unfortunately however, last week, chairman issa appeared on fox news and accused you and other political appointees engaging in a quote, pattern of interference and false statements related to this site, end of quote. that's a serious attack against your integrity. don't want to get into anyone's intent or motives here but i do want to give you an opportunity to respond directly. this is not unusual for me. because i realize, that we are all on this earth for a shore while. and that our reputations is all we've got.

and since those statements were made about you, i would like to give you an opportunity to respond. >> thank you, sir. thank you for the opportunity. and again, i don't take any of this personally. it is a fast-moving situation with a lot going on. so i would just say is this. is that, it was the case absolutely that volume was a key issue that hit the site. it is still an issue for the site. although we greatly expanded and are expanding the ability for the site to, to accommodate volume. i relayed my best understanding at the time and each of my statements. it is the nature of things that, as you do more painstaking diagnosis of a system you learn more about what you need to do to fix it and i can say now that in addition to volume there are other key issues that have to be

addressed with the site in terms of its performance and in terms of its stability and in terms of its functionality. there are progressive efforts to make sure it can do that and getting better and better each work with the tremendous team of led by jeffrey zeints and miss tavenner i'm a small part. each points along the way i will answer a question and tell you what i know to the best of my ability and best of my understanding and that is what i continue to do as my understanding gets better and better. >> let me ask you this way, did you engage in a quote pattern of false statements and interference, end quote. >> no i did not. my best understanding at the time. and as my understanding gets better i willhat. >> before you are subpoenaed today, you were wrote a letter extremely work load last two weeks, offering to testify in december instead. was this concern coming just from your office or was it really a legitimate concern of

yours that you would be pulled away from the website issues to prepare for testifying here today? >> so if there had been a question of, i will testify, just a question of when. it had been the hope of me and the team working to fix the site that i could continue to focus intensely helping to fix the site this month and come back in a few weeks. that being said i understand that the chairman came to a different decision. i respect that decision. i'm the son of immigrants from korea. i have incredible love for this country. i have huge respect for the institution of congress and its role in our democracy. if the committee wanted me to be here today and decided i should be here today that i'm happy to be here today and make the time to answer your questions. >> i understand that the website. >> gentleman time's expired. >> i ask for the same amount of time you had. >> i you asked last question after time expired. with that, it was completed. we go to the gentleman from

florida for five minutes. >> mr. chairman, i think it was almost four minutes you exceed your time by that. >> i went to one question after the enwhich was mr. chao which i gave him. >> four minutes. >> i'm only asking a point -- >> don't be slamming here. >> gentleman is recognized. >> you will not run a fair hairing. go out and do this all the way? >> the gentleman from florida is recognized. >> thank you for yield. kind of interesting to see is as obamacare implodes how everybody is running for cover. bill: there was a question about darrell issa on fox news talking about interference run by chief technology officer todd park. we wanted to hear how that played out. which have to take commercials to our viewers at home. this is one of the moments we have to do it. won't leave this for long. you will hear headlines as they role in from the hill, martha. martha: keep an eye on other hearing taking place in homeland security on whether or not your private information is being considerably compromised through the aca.

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you know we can still see you. no, you can't. pretty sure we can... try snapshot today -- no pressure. we will take you back to the house oversociety sight -- oversight committee and the aca has been much worse. >> my answer was for any development project that requires requirements in order to build the system. >> did you know security and it testing was done by mider of security? >> and blue can anticipaopcanop.

>> they were able to test the int integrity of the system in full. >> that seems true and appropriate pause the full system isn't built. >> has it been tested? >> i think it is referring to there are other components of the market place that need to be build. >> you can sit here and tell us there are not height and risks of non-encrypted data and identity theft. >> time is up. >> that was my reply in response to a decision memo in which we wanted to generally highlight the potential risk that applies to any system that is collecting

data like this. >> i think the key is that was an early accessessment. and another question is what is going done while the system is continui continuing to be built. >> thank you. >> i would like to thank everyone. >> one of the question they drilled town from mr. todd park was whether or not this open access issue was altered. we talked about the fact that initially when you went on to the website you were supposed to be able to be an ammnonymous shopper. and that changed in the weeks rolling up to the rollout and

that is what the congressman is trying to get to the heart of it. he wants to know if is it was a political decision made to prevent letting people log on anonymo anonymously. that is one of the most heated question and there is a lot of talk surrounding that. >> one of the main headlines was the washington post and the promise of having the system working by the end of november which was the newly created and delayed deadline is unlikely. they are unlikely to meet that deadline. the big contractor, cgi, is fixing about 6-10 of the issues at about a 60 percent rate. what todd parks said is the site can handle 20-25,000 users at the same time and they expected

the number to be twice that. and this guy made his money in softwear. ebay does this with millions of millions by the minute. back it the hearing after this.

>> all right. to the viewers at home we had to take breaks throughout the hearing and we will continue to do that. but brett is listening and what is the headline there? has the ball been moved prrd? >> the questions from for the congressman was interesting, the numbers at launch, and how many people can get in the front door

suggests there was a lot of forewarned people that this was want going to be able to launch affectively. and because they are monitoring this every day is baffelilibaff. >> and there is a memo that the memo said the threat and risk potential to the system is limitless. v valerie jarred made a comment saying we are working through this and trudging through it. i forget the specific word. but that tells me the white house is hunkering down and trudging through. >> you are starting to see the

beginnings of lower expectations for that date now. the whitehouse is embattled. this h this hearing is about the wb site and that is an issue considering how much money has been thrown at the website. >> brett, thank you. it was brief and want to get back to the hearing when we can. martha has that. jay carney brief at 1:00. >> henry chow never saw the memo that said the website wasn't secure so you have daueling hearings going on and we will take a quick break and be back with more on america's newsroom.

b1 the hearings continue and they are aware of the apparently 16 reports of the health care.gov, which is fine beyond what we have heard of. martha: we are moving on to happening now. have a great day. jenna: a fox news alert. capital hearing right now. another hearing before the homeland security committee. lawmakers are talking about the possible security risks. this is pressure from the white house for both sides of the aisle to fix the health website and the law perhaps as well.