the case against lbj. >> thank you. that is the time we have left this evening. thanks for joining us. don't forget start each weekday morning 5:00 to 9:00d" right now and "special report" online begins in three seconds. this is a fox news alert. this is a fox news alert. there is new evidence days before the launch. people inside the white house feared healthcare.gov would not work. ed? >> reporter: good to see you. there's e-mails coming out tonight first broken by fox news, republican daryl issa obtained them from the health and human services department, what they suggest is that about a week before the october 1 rollout there was a meet being in which one top white house aide expressed concern. this is an e-mail saying that

todd park, who is the chief technology officer, had sat down with several people, including maril marilyn tavenner. and one of the things that was conveyed was this fear about hc.gov being unavailable. he said it was likely that todd would come back one day before the rollout, and he wrote, i think we should have a more comprehensive answer. that e-mail you saw, there was another e-mail suggesting they do something with the page when people had trouble logging on to come up with a better way of saying you can't get on so that the media didn't jump on it with

hyperbole to make it seem like things were worse. the president last week suggested it was a surprise these major problems and that if he had known about this before the october 1 rollout, he said i'm not stupid, i wouldn't have gone forward. this raises more questions about why they did go forward despite these concerns. a top official told me, look, before the rollout, they warned there might be glitches, and they also take some heart inside the white house that part of what these officials were worried about was high, heavy traffic on the website. they did get that, as you know, and they still think that means there is a lot of interest in this product, obama care. and they realize they've got to get the website fixed. but once they do, they believe it will work. there's new questions about what they knew and when they knew it. >> i got this e-mail or this copy of the screen shot attached

to the e-mail that was going on which you sent me that says the system is down at the moment. you know what's the most shocking thing to me, this whole thing is what they were worried about was not, they mentioned nothing about the consumers trying to get on the website, what they were worried about is the media ramping up the hyperbole about the government's website not being functional. no mention about the american people getting access. >> you're right. we should know in fairness that we don't have the other e-mails. there are undoubtedly more documents that are to come out in the days ahead. but, you're right that part of this e-mail does show how worried they were one week before the rollout about the media jumping on people being unable to get on. if there's one thing they got right, it's that. they knew the media would jump on this if it was a failure, and the rollout turned out just to

be that. >> maybe they have those e-mails where they show so much concern about the american people. we'll be here for an hour, and can you read them to us if they get all those other e-mails to show that. >> yeah, we'll say where are the rest of the e-mails. >> ed, thank you. and minutes ago, senator rand paul going on the record. shocking news to many, the e-mail from-ry chao about the rollout, your thoughts. >> i thought the president said if he knew anything about this he probably wouldn't have opened up and started the exchanges. it's surprising, i guess startling that a lot of knowledge was that they weren't ready for prime tile and yet they went ahead with it anyway. >> i'd go back and look at henry chao's testimony to see if anything he said under oath conflicts with this e-mail, because this e-mail shows on september 25, that he knew. what he attached was a screen

shot of the website. and it says the system is down at the moment. so he knew that. >> we're finding that out, my staff and myself. we're trying to get onto obama care. we have to sign up with the exchanges so we're familiar with the error screen. >> what struck me is what's not there. we saw something in the courtroom, impeachment by omission. what is he not saying. he's not saying anything about the american people. he's worried about the media ramping up the hyperbole about hc.gov not functioning. not one word about the american people. >> if this were a private business they would worry about it not being functional. they would make sure it's going to work. we're turning over a sixth of our economy to the government which doesn't work on a profit motive, doesn't have to please the customer. and i know this first hand. i've been a physician for 20

year, so i've already been dealing with the health care through government through medicare and medicaid. and personally, it's not very friendly, but it's always been the physician that had to deal with an unfriendly government. now it's every consumer in america. every patient if america. and they're not going to be too pleased. >> president obama suggested that the gop was in the way of fixing these glitches. are you in the way? >> the interesting thing is we offered, before all this came out, we offered him a pass. we offered him a whole year where he didn't have to go through this individual mandate, none of this that he's going through right now would have happened if he would have taken us up on our offer, and our offer was during the middle of the shutdown. we were offering a compromise, one year delay of the mandate, and he would have avided all this. >> where does this leave us now? i guess it might be technically appalling that the american people find out they care more about the media going after them for a website they knew wasn't going to work as of october 1.

but what about the american people? where does this lead us? >> i don't think it's fixable. i'll vote to have people not to have their insurance canceled. but really, it's too late. even the 5 million who have been canceled, even if you say you can go back to your previous policy, the policies don't,ist and the companies have been given a perverse alternative. they're not going to offer the cheaper policies anymore. >> if you can't fix this, if this is a mess that can't be fixed, is there any way to roll p it back to where we were? are we too far down the sflak. >> could you, but the president would have to admit that he failed and it's not going to work. he may have. this is worse than i ever imagined it could be. but it could conspiratorial and get worse. because over the next year, if young, healthy people do not sign up because it costs too much then it costs even more. so at the end of the year this

become as high risk pool and no healthy young people buy it they have to readjust their prices and they go higher and there's more incentive for healthy people not to buy it.state, kent seems to be working. you took a medicaid expansion, your state did, and you have young people signing up in a statistically, it looks good. >> 7,000 people have sign up. and 280,000 have been canceled. many of them are young and healthy that have been canceled. because this is the individual market. so by far and away, more people have been canceled than have signed up. so i'm not really sure they can call kentucky a success. >> one question on detroit. detroit's a mess, but you have an idea. >> we're going to announce something called economic freedom zones. this is bringing less taxes to

impoverished areas. this is leaving more money in your own hands that could actually work to help detroit. is this fair? congress giving themselves some obama care perks. perks they are not giving you? that's next

while you were struggling to figure out obama care and even get on line, did you see what congress did for itself? special perks? what are the perks? what is the advantage capitol hill gave to themselves? >> not so fast, but insurance companies are reaching out to lawmakers to make sure that they enroll in their companies' plans. they want to reap all the benefits from having members of congress enroll in their policies. so they're creating special websites and having special events and telephone lines for congress members to answer any questions they have and these aren't available to the american people. >> the insurance companies are creating the perks and the lawmakers are very happy to have it happen to them. >> all the lawmakers are going into d.c.'s exchange. it's supposed to apply equally

to congress as it does to normal people, but they go to the d.c. exchange where they're picking about 112 gold plans that are subsidized by the federal government. >> is that a special deal? >> it is in some way a special deal, but it continues the same benefit that members of congress have had for decades. they subsidize the insurance for members and staff to award them for their public service. for these staff members, they don't get very big salaries. so the insurance comes to capitol hill to help them figure out the exchange. that's very nice. >> they don't put them on hold and struggle with the website. >> they call it concierge. >> who wants to mess with the website. might not be fair though. the knockout game, starting last saturday on greta wire we

talked about it. it's spreading across the u.s. a woman randomly bashed in the head. she's here to go on the record.

this is a fox news alert. president obama making a big change regarding the u.s. census bureau. what is it? and why did he do it? doug mcal wkelway is here with latest. >> in the election when it got closer and closer to election day and the polls were tightening up, everybody was paying really close attention to the employment numbers. theres with a period between august and september where those numbers came out. in august, the numbers were

8.1%. people were thinking the numbers would spike a little bit. in fact, they went down to 7.8%. you might remember the famous tweet that jack welch sent out. he said unbelievable numbers. these chicago guys will do anything. can't debate so change the numbers. he caught a lot of flak for that. well along comes a piece which seems to confirm jack welch's suspicions at the time. two sources were spoken to, one named, one unnamed. they were census numbers forced to manipulate the numbers. they went to households to do the surveys. and they didn't do some of the surveys, and they were told, their supervisors told them to falsify the data. that's the crux of the story. we spoke to one of those census workers this afternoon who was identified in the piece. his name is julius buckman today.

when we first telephoned him after many telephone call, he said he was unaware of the new york post story. he then admitted that he talked to the new york post reporter. >> the inspector general's now going to investigate. coming up next, the victim of a dangerous knockout game. she will tell you her terrifying story, next.

we've been telling you about the cruel and violent knockout game. the game? well, young turns try to knockout a random victim with one brutal punch, sometimes killing them. one woman was knocked out and luckily she survived. tell me, phoebe, take me back. it was last friday night. tell me what happened. >> friday night i was biking home. it was just before 10:00. and i was making my way up 11th

street in columbia heights. and while i was biking up the hill, there was a group of teenagers who were on bikes about 16 meters or so ahead of me. and they made it to the top of the hill, and at that point they stopped. and i continued biking my way up the hill. and when they stopped, about five of them pulled off to the side. i was biking in the bike lane and they were to the right-hand side of the bike lane. and there were two kids who were more in the center of the road. and as i made my way up to the group of them, one of the boys who was in the group from the right hand side biked across my path directly in front of me and turns his bike so we would be passing each other as we were going down the hill. i said excuse me as i biked

through the group and when we passed each other he reached out with his right hand and punched me in the face. i wasn't knocked off my bike. i continued biking as the group of teenagers continued laughing. and i made my way home after that. >> candidate person who hit you say anything to you? >> he did say, well, pow as he punched me, but that's all he said. >> did the group, were they definitely part, was he definitely part of this group? >> they seemed like a group of kids that were all together, yeah. >> and was this random in the sense that you hadn't had any other confrontation. you just ran into them? >> i'd never seen the kids. i don't live in columbia c heights. i actually, i was in town for

business. so when i come to washington, d.c., i stay in columbia height, but i biked up that hill before, but no, i'd never seen any of the kids before, that i know of. >> after you were struck, did they try to flee? or did they just sort of hang out there and as you left? >> i didn't really pay attention to that. i just kept biking as i was. i didn't turn back. i didn't look. i didn't slow down. i didn't speed up. i just kind of continued on my course. >> now, you didn't go to the hospital. did you call the police right away, and if not, why did you wait? >> no, i did not go to the hospital. i had only a minor bloody nose that stopped a few minutes later. i called the police when i got to the house i was staying at, just a local police station and

reported what happened and they informed me that they would send a car to the area to check this out. >> have you heard of any other random acts of violence there? >> when i told some people about what had happened, they told me to google knockout gang, which i did. and the news article that came up was an article that had been released that day about a woman in columbia heights, 14th street, who was walking at night and was punched in the back of the head. and it sounded similar to what had happened to me, and i read a second article the next day which said that it was a group of teenagers. they were on bikes. they punched her and then laughed. and once i read that article, i called the police back again just to make sure that everything had been passed on from what i said the night

before. and i spoke with an officer at that time who said in order to create a paper trail, the best way to do things would be to call 911, the emergency number. and i was a little bit hesitant to do that, because i was raised being told by police officers that 911 is for emergencies only, and i didn't feel like it was an emergency, it was the next day. so i spoke with the officer, and they just, they told me to call 911, which i did. and they sent an officer to speak with me, and i reported the incident. and they also followed up with it. >> phoebe, thank you. and the good news is, is you're okay. but thank you, phoebe. >> yeah, i mean, i really, ultimately, i've moved past it, and i really have no hard feelings about what has happened. and i just see it as another reason why we need to better

support our youth with activities and youth programs which is actually what i do for work. and it's great to see teenagers to do things where they're supported and empowered, so. >> i tell you, that laughing, though, is rather distressing. but i'm going to take the last word on that, because i have to go. phoebe, thank you very much. and of course on the record is tracking cases of the knockout game. take a look at the attacks caught on camera. we have also confirmed they are calling these polar bear hunting. some of these have resulted in death. in syracuse the, new york, a 70 year old man was beaten. also in syracuse, a 51 year old man beaten to death. a 13 year old and 16 year old both convicted and sentenced to 18 months in jail. in hoboken, new jersey a man was

beaten to death, the suspects 13 and 14 years old. on the record will stay on this case for you. and we're going to bring you more information on this disturbing trend as it happens. and coming up, caught on camera. did you see what happened to hhs secretary sebelius? more embarrassment. plus, democrats are they headed to the boiling point? you're going to hear from democratic congressman next.

now get ready to speed-read your way through the news. john kerry announcing the u.s. and afghanistan have reached a security agreement. that will govern after the nato mission ends next year. now to the white house.

president obama presenting the medal of freedom to 16 recipients who include bill clinton, oprah winfrey, and sally ride. and two bikers attacked a suv driver, one of them pleaded not guilty. the reverend billy graham is hospitalized for respiratory problems and expected to go home in a day or two. an embarrassing moment for hhs secretary cath like sebelius. right before her eyes, healthcare.gov crashed. >> it's going pretty smooth. >> i like to hear that. >> we all like to hear that.

>> it's temporarily down. >> that's okay. it will come back. >> that happens every day. >> and as you saw, are these non-stop problems pushing democrats to their breaking point? >> you voted against the health care bill, but are you strong in favor of reforming. you just weren't crazy about the solution? >> i voted against the bill for a whole bunch of reasons. the mandatory upgrade causing millions of cancellations contrary to the president's promise. >> did you know that? >> we had a meeting beforehand and i was on the committee that voted to keep that in. but there are a 1001 reasons why i voted against it but this is

just 1002. >> are they blaming the obama administration? >> there are a lot of people digging in. very defensive. they don't want to admit they were wrong and that the other side was right about neg. that really is how we got to this place in the first place. the blind partisan shship is wh got us a bad bill in the first place. and it's going to take some folks changing their minds on both sides of the aisle to get us where we need to go. >> do you have an expectation that this can be fixed or is it going to get worse worse and worse. >> the millions of people who are affected by this are the losers under this plan and are so far and scattered across the landscape that it may be hard to see how painful it is. >> we're hearing there was

monday night house chief of staff were seething with anger over damage done to the democrat eck party as a result of the rollout, that was going on among democrat eck staff. have you heard about that? >> i've heard about that. they have a right to be upset about the website but what was in the bill to begin with. this was going to cause all kinds of costly burdens. they're very expensive mandates that employers are going to have to meet and individuals are going to have to meet. i think we can fix this thing. we'll eventually have to do it. but a lot of people have been hurt by this. >> have you expressed your concerns to the leadership in the house and pelosi? >> i've shared my thoughts with anybody who would listen. but the leadership seems to be dug in. they're buying into the idea that there was nothing wrong with this to begin with. >> do you think they actually believe that?

or is that panic. >> i think there are some folks in leadership who believe it. but some are trying to deny it because they are spooked about the results. i'm not focused on who's right or wrong, i'm focused on fixing this thing. >> but if you're just digging in because you think that you don't want to get caught making a mistake then you're creating more harm so it does matter. >> it makes it harder when folks on the other side the -- folks that voted for it are going to have to realize that all that glitters ain't gold. >> how about leadership? >> leadership comes and leadership goes. >> do you have leadership now on this? >> i don't think we do. i think we don't have people focused on it. we need to mend this thing and get out from under it.

>> nice to see you. >> thank you. and now it is small business owners getting sticker shock and heading to the hill demanding answers. >> this has been a catastrophic failure across america. >> i was startled. i was shocked when our health insurance went up 49% this year. >> we're competing with countries who have fixed this problem, who have lower health care costs. >> internalize this and put their workers in the corner. >> how do i compete against china? i don't know how much my costs are going to be. >> we cannot compete against japan or france or canada or any people that we compete against unless we find a way for our small business entrepreneurs to have affordable, accessible insurance. >> the cost is going up despite all the promises of costs going down. >> once the american beam believe they've been intentionally lied to, it really

causes difficulty in trying to solve problems. >> america has to fix this. we've fixed big and bold, important things in the past. >> in is destined to fail and destined to hurt people, and now it's happening. >> we've got to fix this in a way that's going to grow and strengthen small businesses. >> we're all in this together. green blat telling what obama care has done to his business. so you testified today. what's your business? >> i own a sheet metal fabricator, wire basket manufacturer in maryland. >> what's your sticker shock? >> i couldn't believe it when i got a call from my insurance agent. he told us that our individual rates were going up 49%. it was stunning. very challenging. >> what does that do to your

business? >> it's terrible. i mean, i can't call my clients up and ask them for a 49% price increase. it's untenable. and they'd laugh at me. our system is broken. we have to fix it. we are in a very competitive space. we compete with china. every day of the week we compete with germany and canada. and we make it all there in baltimore. and if our costs are out of control we're not competitive. it's intrip sick that it gets fixed. we export but if we can't get this under control we can't make it. >> can you compete? >> we have 25 employees. we're a small manufacturer. >> can you keep all 25? >> we very much want to. that's, our goal is that we can grow. i mean, if we do this right, we can grow and hire people and

have less unemployed steelworkers. right now we're in a position where it's one more obstacle coming from washington, slowing us down, slowing down the recovery. we want the economy to turn around. >> were you in favor of obama care originally? what's your view of it today? >> we were told our cost was going to go down $2500 per family. >> down? >> down. all of us were told that. and it's dispiriting that in reality, it's 49% up. this is for man dates that we don't really need nor want. and it's very difficult because we want to grow. we want to hire people. i don't know whether it's good intentions or reality met, the bottom line is we need changes. we have to be practical. it's the law of the land. we have to get to work and get this changed. >> can that happen? >> it has to happen. it's going to make our country

less competitive. today cory booker was very positive about making change, getting practical, and i hope, you know, he sets a tone within the democrat eic party, within e republican party that we can make it better. >> maybe he can. thank you. >> thank you so much. coming up, president obama with a deal with friends? and what do republican lawmakers plan to do about it. conforms to. i wake up in the morning with no back pain. i can adjust it if i need to...if my back's a little more sore. and by the time i get up in the morning, i feel great! if you have back pain, toss and turn at night or wake up tired with no energy, the sleep number bed could be your solution. the sleep number bed's secret is it's air chambers which provide ideal support and put you in control of the firmness. and the bed is perfect for couples because each side adjusts independently to their unique sleep number.

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okay, everyone. it's time to hash it out. another political scandal, chris moody tweeting spirit airlines mocks obama care. our website actually works. take advantage of our affordable fare act. seemingly shattering and promises customers, if you like your low fares, you can keep your low it fares. check out the latest blunder. colorado sends insurance letter to the man's dog. the policy was mistakenly opened for his yorkie, baxter. he used his dog's name as a security question over the phone and suspects that is how baxter's name came into the picture. and who would leave this

behind on an airplane. 24 gold bars were found stuffed into a toilet compartment. the jet airways was being cleaned after a flight from bangkok. no one has claimed the gold bars. coming up, bad news. obama care may be about to cost you even more. that is if president obama's friends get the special deal they are now asking for. senator john thune is here with a plan. next.

let's all go off the reco let's go off the record for a minute. this is horrible, i sarcastically say it does top all. but there's a new online game that allows users to reenact the sandy hook shooter, shooting their mother in the head again and again and again and moving on to the school. and you know what happened

there. it's not the first game of its ugly kind, but this one is worse than the other ones because the game creator is doing his best to masker aid. the game's back page also has contact information for the nra and urges people to contact lawmakers about gun control. really? contact lawmakers about gun control? you don't buy that. no one does. this guy is cruel with a phony motive. no person decent person would create a game about something causing grief to families. we may not be able to deter bad people, but with our loud voices, we can alert parents, this is out there.

if you think there's an important issue i should take off the record go to greta wire and tell us about it. and it's no secret, the labor unions are obama's bffs. now the unions want out. they want a special favor from president obama. and if they get it, someone's going to have to pay for it, and you are that someone. now several republican senators are taking action to prevent that. john thune joins us. >> good evening. >> what is that the insurance companies want? not insurance, the union, i mean. >> the unions want to be exempted. they want to be carved out. they want their special back room deal from a reinsurance tax. it was a tax imposed on certain individuals to raise a certain amount of money to help pay for pre-existing conditions. so anybody in a self-insured plan would be required to pay

that. and the unions have said they don't want to pay it. and the administration came out on october 30 with a regulation basically laying out this plan to exempt the unions from that tax. >> why? >> the amazing thing about it is when that happen, everybody else has to pay more. because the tax is scheduled to raise a certain amount of revenue. it gets distributed among everyone else. >> if you're paying 63% everybody will be paying more. what's the justification for giving this special deal to the unions? >> they've been big political supporters of the president. they were big supporters of obama care, and i think what you're seeing in obama care and a lot of other policies coming out of the administration is that if you're a friend or ally or donor, you get special treatment. >> if jay carney is asked, he's got to have some sort of legitimate explanation. there's got to be more than like, we did it because they're

our political friends and without it we're not going to get reelected. >> i don't know how you explain unless you try to draw some distinction between these plans, but you can't do that. and i think the average american is asking the question -- where's my deal? they're getting stuck with the canceled policies, higher taxes. >> so you have a bill to stop this. >> we do. we have a bill that says everybody's to be treated fairly, equally. if are you going to have an insurance 63 bucks a head, it should be 63 bucks a head. for the union plans as well. think thie wall of resistance among democrats is starting to crumble. >> if there's a good reason, let's hear it. maybe i'd be convinced that this is a good idea to do this for

the unions, but if we're not hearing it and it's just sort of slid in, it looks like, hoping no one's looking. >> that's probably that they hoped would happen, that nobody was paying attention. last august they tried to get unions to get subsidies under the plans. that got stopped because there was so much public attention drawn to it. and a lot of us made a lot of noise about it. and hopefully as the american people hear about it they'll say enough of the back room deals, this isn't the way obama care's supposed to work. we'd like to see it delayed, take a time out for everybody. coming up, president obama's approval rating tanking to a new low. that's next.

now it's time to show you what we are watching.

former president george w. bush and former first lady laura bush paying visit to tonight show. president bush joking with jay leno about his post white house years. >> president obama is kind of getting all the late night jokes now. >> better him than me. [ laughter ] [ applause ] >> are you glad you you aren't president now? >> yes, i am. eight years is plenty. >> when the president had had that heart scare, how scary was that? >> it was scary. >> yeah? >> very scary. >> yeah. >> but -- >> -- i wasn't that scared. [ laughter ] >> i wasn't that scared. >> you had obama care? >> and that's what we are watching tonight. coming up, obama care bringing moree bad news for president obama. joe trippy is here next.

obamacare is drowning in problems and president obama is sinking to the will he a obama care is drowning and president obama is singiking to the lowest approval rating yet. democratic strategist joins us. how bad is that? >> it's bad, but it's only the second month where he's been below 40. >> that's a big jump. >> 12 points or something like that in a couple weeks. and, you know, but george bush

had 26 straight months of under 40% approval and today he's back up around 50. so you never really know -- >> everybody always looks better if you leave office, though. >> yeah. it is retrievable. but it doesn't usually happen that way. >> as a practical matter, besides the fact that you hate to see yourself get low numbers, what impact does it have? >> the problem is, it's the reason they're not calling it obama care anymore. >> they were calling it affordable care act, but that's a bad one too. >> that's a good one because you're telling everyone it's affordable. before, when he was popular or more popular, it was better to call it obama care. it was one of the things i think the republicans did by pushing it that way. and he adopted it, and it worked for him, but not right now.

>> how much are the democrats in the house and senate, are they shaken at all over this. >> certainly those that are up in red straigates in dwour2014 to move away from obama care. they may vote to change it or repeal it. but the fact of the matter is, you could have eight democrats in the senate do that, and you're only to up like 56 votes. so you can't get -- the president, you have to be able to override a veto, and that's 66 senators. that's not going to happen. >> is the white house shaking? >> i think they've got, they're starting to get worried because they have to make something start working here. these approval numbers really are troubling. >> joe, always nice to see you. and we're see you tomorrow night, 7:00 eastern.

we have an open thread, you can talk about all these issues. so go to greta wire. goodnight. welcome to "red eye." tonight -- >> coming up on "red eye." has the fbi finally found db cooper? shocking new evidence suggests he is alive and working at a kansas city arby's. plus, does the president regret turning down a cameo on "entourage." >> all of us have moment when's we look back and wonder what the heck was i thinking? >> and finally, have gymnastics become a training ground for a legion of cia super spies? the story nbc sports doesn't want you to hear. none of these stories on "red eye" tonight. >> and now let's welcome our guests. well i am here with the lean queen of mean ann coulter, political commentator.