@fox.com. if you know that word, you're a genius, don't be a windlestraw. i'm bill o'reilly,

how does the system work without a payment mechanism. there is no cash register, we reported this to you last night. without a way to get payment to the companies how are people going to get coverage? so now, tonight, at 8:00 p.m we'll get a report. the administration is going to let the insurance companies estimate what they should get, then, feds goring to cut them a check and figure out later what the amount is supposed to be. is that your money. that is your money.

they're going to do a check of the envelope saying i think it's this. then, feds goring to pay it. think about that just a moment. think about that. we're talking about one sixth of the u.s. economy this, is the system settled on. at least privately, late in the evening. considering what the president said just this afternoon. >> bottom line is that law is working and will into future. >> senior fellow and author this is unbelievable. this is, so, had this is is from the report. they'll submit that to the government. once built, government and insurers can reconcile the payment to true up

payments. oh, joy. so it's basically on honor system? >> basic thing to understand is that it's not a bail out of insurers but president. two weeks ago we heard from one of the top it officials is that system to pay insurers hadn't been built yet. >> 30% has not been built. we talked about what part is that? so now, they're saying how are insurance going to get paid? this is the solution? >> we're going to trust the insurance companies to say i think you owe me x amount? >> what is the alternative? if insurers don't get paid that way. they'll withdraw from markets. >> the only way we can keep

insurers in the market is pay them in advance. >> when it's a person successfully enrolled and there has been a payment mechanism portion of the program people would have had data, is this the portion of a web site that calculates how much of a subsidy you can get? then tells feds, okay, cut that check to aetna? >> it's a system of when the individual signs up, to pull tully pay for whatever subsidies don't cover the insurer, you aren't officially enrolled if you don't, are if you haven't paid the insurer. and so you may go to the doctor, think you've signed up on health care.gov. the doctor says you're not insured. that is when people say

i've just consumed these services. >> let me ask you. you might be with two issues there are two issues with this system. one is reports today are everywhere that up to 30% of the people enrolling on health care.gov only think they've enrolled and the enrollment failed when they go to the doctor trying to get coverage they're going to find out attempted enrollment failed and they don't have coverage. but problem two is that 30% to 40% of the web site is not yet built. it's the portion that accepts payment this, relates to issue two. they're trying to get a way to improve payment situation a cording ot report they're meaning to cover the subsidies and premiums that the insurance companies are waiting for. >> sou say there are two issues private sector, if you're not

officially enrolled until you have sent a check, the insurer received payment then you're an enrolled what the administration is calling enrollment isn't an enrollment. you're signed up correctly for a plan and still not have paid a check to be officially enrolled. >> right the payment is what creates the enrollment. signing up for a plan but not paying does not count. >> so the solution tonight because you cannot pay, you cannot pay right now is they're just going to, the feds, uncle sam is going to sit down together and insurance companies going to say trust me this, is how much you need to give me. for this amount, i will cover these people. and later they're going true it up do. we have reason to believe with all due respect to health insurance companies have you ever dealt with a health insurance company? do we have reason to believe we can just trust their word, and later if we paid them too much

they're going to give us a refund? >> we have more reason to trust insurers than the obama administration. they're just trying to keep their heads down. >> now, instead of having an actual system making sure that the t's are crossed and is are dotted we're going on an honor system. insurers going to tell them this is how much taxpayer money i want. we're going cut checks. >> real area is in the size of the subsidies. that is where the true honor system is. there was a report issued today that says if the irs didn't have a system to check what your income is, and that is going to incentivize a lot of americans to say i didn't make that much money this year, give me a bigger check. that is where fraud is >> my head is switching just in this segment. thank you for

being here. before this news broke, the president attempted to hit the reset button on his health care law. the law works. really? how does it work exactly if there is no mechanism for payment for coverage? you heard him go out there and defend the law in familiar ways. he did it when the approval rating hit a record low to cording to the average of all polls look. in the 30s now. 30s now. still, the president sounded defiant today. >> my main message today is that we're not going back. you've got good ideas bring them to me. let's go. but, we're not repealing it as long as i'm president. >> our fox news digital politics editor in the 30s now. >> yes. >> well, we're not repealing atz

long as he's president. but after that? who knows? it seemed to invite the question the president down in popularity. the law down in popularity. every day, bringing a new problem, a new missed prom yichls a new disaster. fresh horrors await the president says i know, i know. but we're going to drag forward into this thing. we're going to put it into place. whatever we have to do. and it's going to be the law of the land at least until 2017, that sounds more like, sounded to me more like a funeral for the hope and change he was kind of dressed like an undertaker. it was not much of a campaign rally. uk see the picture of barack obama ask joe biden standing together the president saying this is a big bleeping deal. the same words joe biden said to him. good luck with this. >> good luck with this. >> president tried to hit the reset button on the failed rollout. at the same time, we

get these reports that not only now is there not a payment mechanism in tonight but tonight we get word that okay. they're big fix which refused to reveal for days and weeks, the fix is they're just going to start cutting checks and doing it w out that system being set up. it's true it uch later, we're going to trust health insurance companies not to screw us. >> it's 9:ten. i can say. that up to 30% of according to news reports, 30% of the people sat on the web site for days in cases whoshg made it through and signed up will find out in january when they go to have the operation that, they have no health insurance how is some reset button going to solve that problem? >> well, it ain't. i think the plan is that they're going to just start dropping money over the state of connecticut hoping that enough gets down on the

ground so that all of these millions of americans don't get, who had policies cancelled can get insurance. just please, god give them insurance is the plea. we'll give you whatever. news that broke yesterday evening was the fact they laid ground work for bailout the law provides a bailout loan to go to the insurance industry. "new york times" found slipped, not slipped but entered into federal register. said this is how we're going to provide the future failout to insurance companies that we've regulated to the brink of oblivion. >> the president made a promise that is not true. >> right. >> then, for political reasons because the ceiling is crashing down he offered a fix the fix is that i'll try to make the promise come true if the insurance companies will go along with me. insurance companies saying we're not going to let the people keep their plans the system depends on yurngs

healthy people going into this new risk pool. that is the only way we agreed to insure old, sick people for costs. now, health care.gov doesn't work. the president saying you can stay in the old plan. don't pay new money with this, it's starting to implode. the solution just give more taxpayer money. we'll bail out insurance companies to make this worth their while. turns out that, too, was baked into the law which we had to pass before we knew what is in it >>. you know it's right. carpet bombing in connecticut with sacks of cash is just the beginning because as was said before reality of this is that with all of these navigators incented to get as much as possible can you imagine on the other side of this, how much this is going cost? the number has become staggering.

>> chris? good to see you. >> you, too. >> wait until you see what brit human had to say about this. he joins us we'll talk to him about it z a new worry for people who put their lives on the line to defend our freedom. the pentagon's plans for our military families. next. >> and explosive testimony on capitol hill. whether the president is violating the constitution. and one man suggestion we can be paving the road to revolution? wow. >>s ajames warned centuries ago, the accumulation of all powers, legislative, executive and judicial in the same hands may justly be pronounced definition of

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i want to thank all of you for your service and sacrifice, and unshakeable commitment to our country. you have worn the uniform with honor, you performed heroically in some of the most dangerous places on earth. you have done everything that has been asked of you and more. and you have earned a special place in our nation's history. >> that was president obama in april of 2012, praising our troops for their selfless sacrifice on the battlefield. but in the past few weeks, we've

seen a growing report on the pentagon's need to cut budgets. and suggestions that our military families should pay a significant part of that price. combat war veteran, pete, good to see you. >> thank you. >> there are at least two propos proposals now on the table to try to find a trillion dollars in cuts. and one is to cut the pay of our military, and one is to basically cut the place where they go and they buy things like food and supplies. >> the commissaries. >> you don't need that, and so let's get rid of that. and the reaction from military families is okay, got to make some cuts, get that. why do we always have to go first? >> no, and that is a legitimate reaction. two important caveats, and megyn, you know this, we're $17 trillion in debt. we don't have the same resources to fund dod as we did in wartime so we'll have to make tough

decisions. at the same time, there is not enough in the pentagon to be cut. it is a $6 million budget. so we're not going to balance america's fiscal woes on the backs of defense, that is why it is so frustrating to see things like benefits and military compensation, being the first things discussed when we talk about reducing the pentagon budget. there is a lot of waste and fat to be cut at the dod, let's be smart and serious on how to attack it. but let's be serious, the private on post doesn't have a lobbyist in washington protecting him. but the defense contractors and other systems do. so i don't think it is smart to start with the pay in compensation, even though everything in some way will have to be on the table. >> and there are a lot of republicans who want to see cuts in the sequester and they support that. and that will include some cuts in the military, as well. but the question is whether you have to start with the actual

service personnel and their pay. now, i know their pay has gone up more than it has in the average private sector for certain workers in the past few years. but it is not that high, pete. the average pay is $45,000 a year for a single person. and married with two children, $49,000. so they want to cut that. and they want to cut commissaries. but the question i have for you is how does that play when you see stories like our lead story where you have the feds just doling out checks to the insurance companies, we're going to trust them. >> throwing bailout. >> that is going to work out okay. >> and no one is getting rich in the military. that is an e 4 pay, privates make even less than that. so when you see the government wasting tons of money elsewhere, yet they now want to pinch pennies on the war fighters, and benefits. hey, i have sacrificed before and can do it again.

i understand these are austere times, but my goodness, it is so frustrating to watch the government waste so much but then to realize we're not only cutting the fat in government. but with sequestration, we're cutting into the muscle. this is not just about benefits. this is about training and maintenance and operations and all the things our military units need to do in order to be the best fighting force in the world. >> and lois lerner is going to retire on the taxpayer's dime. and you see the agencies they go to, with the line dancing and so on, and then it is, well, let's cut the military, thank you for joining us. thank you. and now, getting money to insurance companies in order to get coverage to millions of americans, is this really the way we want to go? the honor system. plus, for the first time,

congress speaking to two cia contractor's who were on the ground in benghazi on the 94 americans were murdered. the new hearing's from the closed door session. she loves a lot of the same things you do. it's what you love about her. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms obph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or iyou have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing,

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testimony. and essentially what they were able to prove today, they basically backed up the other contractors who were on the ground in the two previous hearings. so this is an ongoing investigation. and i think they gave us a lot of good leads today and i feel very comfortable moving forward with where we are at today. >> all right, the reports we have is that it is now absolutely clear that this administration's initial claims that this was about a video and it was a spontaneous protest was completely belied about the facts on the ground, and was known to the administration, was that true? >> that was a completely, we always knew that. but i think important testimony came out today. so these gentlemen found out about this right around dusk. and they new tknew the ambassads missing, and they were in tripoli. so you have this time frame, until 5:00 in the morning, from

9:00 at night. and from that point, the attack was still ongoing. they arrived at the time the mortars hit and killed two additional americans who were not killed at the embassy compound earlier. so this is -- there is just nothing there the administration is standing on anymore, as to what were they doing? how come nobody came to help? i think that was clear, nobody knew even at 5:30 that the attack was going to be over. >> your point is they didn't dispatch any help, even when it was unclear whether the attack had ended or not. what would be the delay when they didn't know it was over? they claim they thought it was over. and your point is, they didn't know it was over. and the cia guys are telling you they didn't know it was over, so why wouldn't they dispatched help? >> yeah, what if the attack had went on for another 24 hours? would they have eventually sent help then? there is no accountability in this process. and nobody knows what the

president knew and when he knew it. >> that is what i wanted to shed light on, do you know any better about what the president was doing on the night of the attack and the night in question. >> no, remember these guys were the guys on the ground that saved everybody's life. and they radioed people upstairs, they assumed they knew, but they're just trying to save people's lives. >> congressman, good to see you. and two critical guests will be here next on our top stories. we'll hear from an insurance rep that the feds have a new work-around for providing the payments that are supposed to help insure millions. by the way, i just love it. people are following me on twitter, this is from bill. he writes, i think i'll just tell the irs how much refunds they will owe me come april 15th, and then we'll just true it up later. will they accept that from us? and then brit hume coming up.

tough love from this girl, she cannot sell her hand-picked mistle toe. ♪ ♪ ♪

. back now to the big story breaking tonight. the administration is talking about the new work-around, confirming that the systems that are supposed to provide some of the federal subsidies, you know, this is how they get you to enroll, like it is not as high as it looks because the feds will subsidize your premiums. well, that has not been so really, the feds are not going to subsidize your premiums unless they figure out a way to cut the check and pay the insurance companies. well, now we know what that is.

they will let the insurance companies estimate what they should get from the feds, and then the federal government will cut them a big check of your money. and then they will sit down and figure out later what the real amounts are supposed to be. i'm not kidding. that is actually the system they have designed tonight. dan skyler is in charge of the utah health exchange, good of you to be here. now, we're talking about the subsidies that the insurance companies are going to pay -- i'm sorry, we're talking now about the subsidies that the federal government is going to pay the insurance ,

>> it's an administrative burden for carriers. it's something they weren't anticipating they'd have to do. so for the federal government to have carriers now do this complicated work around is a burden on the carriers. >> and in the meantime, let me ask you this. there are reports out that perhaps as high as 30% of the folk who's have enrolled, or think they have, this is separate problem, have not enrolled that there have been problem was the forms they may think they're saying i'm good, i got my insurance, they're going to go for a procedure in january and find out hard way, they're not

insured. >> that is a concern prior to fixes that cms issued to fix the platform that is a lot of concern about missing enrollment files and files that had errors z to your point come january 1, 2014, there could be consumer going to the doctor, hospital thinking they're covered and they're not. >> have you ever seen anything like this? this is not, most of us don't live our lives mired in insurance. >> no. true. it's a complex technology project. exchanges are one of the most complex i.t.projects initiated by the federal government there is room for error because of the interconnections they have to make with the federal government, carriers with the state. and one of these issues is one we're talking about now. that is the issue of consumers not having insurance when they

think they've fileed and have coverage. >> that doesn't million that's don't have insurance and know it. thank you, we'll talk to you again. >> thank you. >> joining me now is more brit hume. what a mess, brit. >> well thshg is the latest man festation they went up with a system that wasn't finished so they're trying to find a way to work around that. this might resolve the problem of insurance companies not being paid the correct amount of subsidy money. just now talking about people thinking they're signed up and because of the problem was the back end of thing and improper data or wrong data go being to insurance companies and people are not signed up. >> separate issue. >> you think about the reaction we've had to people who, you know found out they'd lost their

insurance, it's pretty strong. think about reaction to that problem. we don't know how many people this will affect. one estimate today is a third, that is a big number. so that, this illustrates one of the political headaches here, that makes this a nightmare. a lot of problems are still out there and waiting to happen. >> looming. but administration, president said the law is working. it's not going to be repealed while he's president through, you know ofa, he's come out with a new marketing campaign they're encouraging people to what is it? shop? enroll, buy. and we've got the full trailer and will put it up in just a moment. apply, shop buy. if you try to apply we're getting error messages you shop, i guess in order to comparative shop have you to enter personal information. that raised security issues. buy, it's not possible. let's be

honest. it's not possible. >> right. i think if you're able to winldo shop in some exchanges in states you're able to do that. that is the thing on the screen there. that is what our correspondentent peter doocy got a dose of that. but this, i think illustrates the political problem of this, the president is trying to go to the campaign-style effort to sell this, this problem is not susceptible to that solution. campaigns in the issues that are in campaigns tend to be about things people understand as a basic matter of principle or abstra abstract. number of troops in afghanistan, these can be argued over this, issue affects nearly everybody in one way or another or someone they know, hitting people directly. not just

through the media. but directly. and you know when you've got 5 million people who have been , e who lost their insurance, you're talking about people feeling this directly. that is the kind of problem i don't think is easy to campaign your way out of. >> they maintain if people can see the web site working they're going to avoid the death spiral of only older and younger people enrolled, then, the system works, that turns things around for the democrat who's supported this law. >> well, problem with is that is that it -- it's true that some people and perhaps a great many people will be able to log on and acquire a policy either with the help of a subsidy or because it's snoeld a reasonable rate and they get on with lives.

those people administration is counting on. remember this. about politics. it's almost always the case that negative emotions, people who are dissatisfied and angry are motivated to get out and be active to vote to organize and so on. people satisfyed and content have other issues as well as that. it will help they're satisfyed and content. but they're not going to be as pro foundly motivated as people angry about this. we know there are going to be millions of them. >> now, you're talking about people who think they're covered but not covered. and add those to people who know they're not covered and kicked off because they had coverage. >> not to mention unknown problems waiting out there that has to do with security of the web site experts say this has not been properly tested and people will be entering personal data at

their own risk. >> so that is yet another thing. i don't think the old techniques served president obama so well, getting supporters whipped up will work well this time. >> is it must be a play on eat, pray, love. you know? enroll, shop, buy. >> good to see you. >> you bet. >> and whether or not president obama is violating the constitution. what top legal scholars had to say. >> the problem is that he's not simply a danger to the constitutional system he's becoming a danger that the constitution was designed to avoid. i was thinng about getting a tablet aa gift... verizon has tablets. accessing brn information... yes, ty have a lot to choose from. did you real just... and now you can get $100 off any tablet. thanks, wayne.

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the answer is... 3 million homes. by 2030, investments in energefficiency could help americans save $300 billion each year. take the energy quiz. energy lis here. the government does not respect the constraints that the constitution places on the government. abraham lincoln talks about our revolutionary right to over throw it. >> that was whether or not president obama was holding up his constitutional duty to faithfully execute the nation's laws and what the consequences are if he is not. and the testimony got fierce, at times. >> i agree entirely that the president cannot simply refuse to enforce a law for policy

reasons. >> the center of gravity is shifting. and that makes it unstable. and within that system you have the rise of an uber-presidency. there could be no greater danger for individual liberty. >> if the people come to believe the government is no longer constrained by the laws, they will conclude that neither are they. >> as james madison warned, the accumulation of all powers, legislative, executive and judiciary in the same hands may justly be pronounced the very definition of tyranny. >> joining me now, republican congressman bob goodlatte, the chairman there you just saw in the meeting there today. mr. chairman, that is rather extraordinary to see folks from all stripes, all ideological stripes, including the very left leaning lawyer talking about an uber president, and how there is no greater danger to

liberty. what did we learn today? >> well, it is very clear the public's attention to this problem is growing. and in response to the professor, who actually supports obama care, and supports other policies big time, says the president doesn't have the authority to re-write that law. and even when congress says you know, we should extend the employer mandate he ignores that, and threatens to veto it. and simply does it himself. it is a serious problem, people are waking up to it and that is a good thing. >> but the question is, is it an abdication of duty? the extension he is granting under obama care, just issuing, or is this within his discretion? because there is case law that these administrative-type things, postponement of tax collection, which he could say this is, that that is all okay to do administratively with the stroke of a pen? >> well, it is a matter of

degree. there is no question there is a certain amount of discretion, the constitution requires that the president take care to faithfully execute the laws, that doesn't mean completely execute, but faithfully execute means to follow the congressional intent, and when the congressional intent is not re flected in how he expects the law to work out he doesn't have the authority to change it. he needs to come back to congress, why? because there is a great divide in congress over the obama care and he needs to negotiate. that is what the legislative branch is for, though, to make those hard negotiations and the lawmakers have the authority to pass the laws. >> there is a reason we have divided government. what is the difference between what president obama is doing now with all the executive orders and declarations and president bush and the signing orders that were so

controversial? >> well, again, there are certainly circumstances when previous presidents have exceeded their authority under the law. and it is the responsibility of congress, in not a partisan way, but a bipartisan way to put a check on that. and the hearings we heard today are a part of that. >> is there something you can do about it? >> it is about sun light, about cutting off funds. it is about lawsuits, changing the law so that members of congress and the congress itself can have standing to challenge abuse of authority in the courts. there are a number of steps that the congress can and should take. but it only works well if the congress in both parties recognize that this is a challenge to one of our great principles of our democracy, separation of powers. and they have to join together in a bipartisan way in order to be effective. and the american people need to speak out about it, too. >> mr. chairman, thank you for joining us. >> thank you, megyn. coming up, holiday humbug,

the 11-year-old who was told she couldn't sell mistletoe. tonight, we have more on that. and i think the president has decided congress can't challenge me, he will spend money if he decides to. he will tax if he decides to and write regulations if he decides to. and he will decide the constitution if he decides to. honestly, i wanted a phone with a better camera. my boyfriend has a lot of can't-miss moments. i checked out the windows phones and saw the lumia 10 has 41 megapixels. so i can zoom way in even after i take the picture. and i can adjust the shot before i take it so i get it exactly how i want. so, i went with a windows phone. maybe i just see things other people don't. ♪ honestly ♪ i wanna see you be brave ♪

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it's time for mistletoe and holly. well, new developments tonight in the story of the 11-year-old girl told she cannot sell hand-picked mistletoe at a portland, oregon park. trace gallagher at the west

coast news with details. >> reporter: you know, megyn, madison just got her braces on yesterday. and a lot of kids are not thrilled. but she is, she also knew that it was a struggle for her parents to pay for them. so she went to her uncle's farm, cut down the mistletoe and tied it with a ribbon. she went to an area where musicians play for tips and other people just sit there and beg. she set up between a drummer and a group raising money to buy marijuana, complete with a sign that says got pot? that is when the security guard came up to her and told her she had to leave because selling there is illegal. here is madison. >> we asked him about the people next to us begging to money. and they said that that is okay for them to beg. >> turns out begging, by the way, megyn, is free speech,

selling without a permit, that is not allowed in that area. >> oh, god, my head is going to explode. it doesn't sound like she is going to give up, our little madison. >> no, in fact, she is inspired now. there is a radio station in town that invited her out to the drake concert tonight. and she is selling her mistletoe there and she has got a whole lot of support. in fact, she is so inspired she plans to go back to the portland outdoor market next week and give away the mistletoe. she is encouraging people to you know, kiss, she is calling it the great kiss-off. and she is also going to spread her new message, which is if you want it you got to work for it. here she is again. >> it is not about mistletoe. it is not about me getting kicked off the park. but what it is about is people that are being able to beg but i can't raise money, work hard, have a good work ethic, but they

can beg. >> out of the mouths of babes, you got to work for it if you want it. >> i need to know her, this can't be the end of my relationship with her, she is hilarious, look at her, she is hilarious, look at her, she is so mature. every day we're working to be an even better company - and to keep our commitments. and we've made a big commitment to america.

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well, our twitter is just lighting up with that reuters breaking news. we're still taking your thoughts on it. follow me @megynkelly, let us know what you think. >> you got to tell your friends, you got to tell your family. with his legacy on the line, the president launches a last-ditch propaganda effort to re-sell obama care to you, the american public. >> more problems may pop up as they always do when you launch something new. >> the president's health care plan continues to wreak havoc on the american families snow tief >> the administration continues to hide the problems. >> and another problem, stocking up on liquor, guess what? using your money on your di