>> look at that. >> wow! >> meanwhile, i got this from our white house correspondent. there he is. he won the blue ribbon for pumpkins. bill: morning, everybody, sounding the alarm for what could be mass amnesty in america. a union boss warning the white house is getting ready to give amnesty to millions of illegals. martha: these reports say the obama administration ordered supplies to print work permits and green cards. they say that means they are getting ready for executive action that would take place right after the mid-term. >> reporter: they are worried about keeping people safe if the number of potential criminals

mixed in with illegal immigrants surges, but the number of federal stay the same. that's why we have this official from a union with 12,000 immigration and service officers telling people to call their congressman if they want to prevent threats in their own neighborhood. the abuse of our asylum procedure, islamist radicals, the taxpayers are being fleeced and public safety is being breached on a daily basis. they claim the white house is not behind this plan but that they just watched the news, thought amnesty might, possibility and they wanted to have their bases covered. bill: what is the white house

saying? >> reporter: they say it's about an agency that ordered more paper than normal and they don't think it's right for people to put together 2 and 2 that green cards means amnesty. >> they are responsible for issuing green cards. those who are trying to read into those specific orders about what the president may decide are a little too cleverly trying to divine what the president's ultimate conclusion might be. reporter: president obama said when he takes executive action he wants to make sure it's sustainable. as of last month he still planned to do something at the end of this year. bill martha: this is a fox news alert. another ebola victim has made a

full recovery. this is good news for amber vinson and her family. she is due to be released from emery university hospital in atlanta. we remember the day she was flown there. she has been declared free of the virus. last week essentially, and now she can go home. after the battle for quarantine for healthcare workers continues to get heated the cdc is releasing new guidelines that's stops short of a mandatory quarantine that's at odds with new york and new jersey. what are the new cdc guidelines today? >> reporter: there are two fights involving ebola. the first is the battle against the disease and the second is the disputes between the states and the cdc on how best to

handle the people exposed to it. the cdc released its new guidelines crafted in part by president obama and government officials. it requires people who had contact with ebola patients to get daily checkups and a phone call from a public authority. they wouldn't be confine to their homes unless they were considered high risk. several states say the government isn't going far enough. all naming tough per rules for travel from west africa, even those without symptoms. they say they would be subject to a 21-day quarantine at home or in a facility. >> people want to protect the public health of our citizens.

rocialt * the cdc is concerned the new rules may discourage healthcare workers from battling ebola on front lines. martha: what about ebola here at home. >> reporter: dr. craig spencer is still in isolation and said to be in serious condition. the 5-year-old boy was tested and cleared of the virus. there was a patient in baltimore who was suspect of having ebola. that patient was tested and released. casey hickox is back home in maine today but her lawyer says she may fight the 21-day quarantine in main and may head out on her own in the next day

or so. bill: the federal government has the to monitor and .respond to disease across national and state borders. it can isolate people traveling into the u.s. and between states. but it's up to the states to enforce quarantines within their own borders. response to the ebola outbreak. manned stormy warren teens for people frurng hard-hit countries in west africa. martha: the military is imposing a mandatory quarantine on all troops that's return from west africa which is completely at odds from the cdc guidelines we just showed you. a tennessee congresswoman slamming the military for this decision. you can't treat the military one

way and health workers another way and liberia and guinea citizens a different way and contain it and treat it. martha: in a brand-new interview chris christie says the cdc guidelines are confusing and says the pentagon is starting to lean towards his way. bill: 7 past the hours and 7 days until election day. we found today what we believe are the two closest races in the senate based on this polling. byron, good morning to you. we have been do a what-if scenario for marks. west virginia we believe will flip. we believe south dakota will flip and so, too, with montana. if you look at north carolina, the last couple days for the second day in a row you have got a poll.

yesterday it was nbc. kay hagan the democrats at 44. thom tillis the republican at 44%. they were separated the by one point. how close is that? >> it's good news for republicans. and few weeks ago senator hagan was leading in the by 3, 4, 5 points. this is a race in which both of the candidates are not terribly exciting but democrats decided to make north carolina their fire wall. they poured tens of millions of dollars into it. one wild car in north carolina. there is a libertarian candidate who is polling at 5%. a 53-year-old pizza dlir are youman whose campaign consists of sitting in his kitchen make

videos drinking beer and talking about his beliefs. bill: pat roberts was on from kansas. greg orman is up a point on roberts. the treat clear politics average is .6%. orman had a lead of 10 points a month ago. >> this one is super important. the relationship cans need to pick. you six to pick up the senate and that's only they don't lose ones they * have. kansas is one they could lose. i went to roberts' events. he had a lot of tough primary race. i went to his events than were a lot of people who voted against in the primary but they decided to get over it and vote for him in the general election because they don't believe greg orman

and believe he's a stalking horse for the democrats. martha: everybody at home keep it right here on election tonight. bret baier, megyn kelly and great host of people with comprehensive coverage. bill will be working on the billboard of course. chris wallace, brit hume, charles krauthammer and a cast of thousands. 6:00 p.m. eastern is when everybody will start rocking and rolling on the story. bill: i have been looking at early voting. it says one thing one day and one thing the next. whether you are republican or democrat you can find good news or bad news or either side. that's why it' that close. bill: people in paradise pack

up, heading out. how manout. molten lava is flowing. martha: and a new there's. bill: is the president kind of toxic? >> you are not going to stand there and tell me the president has been actively campaigning in these mid-term elections. >> any examination of the president's schedule woinld kate a serious commitment by the president to support candidates.

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martha: three students remain in the hospital after a deadly shooting spree at a high school outside of seattle. now we learn the shooter, jaylen fryberg, invited his victims to lunch. in the cast tear yeah he shot five of them. he took his own life. >> we are trying to find out how the shooter found the weapon. martha: a heartbreaking scene at

the school there. some say he seemed normal but some say he had been upset about a girl. bill: isis released a new propaganda video using john brantly for the fifth time. it slams the coalition. six time now they trotd this far man out before the camera. >> i think they think they have an effective spokesman. that this is a face and method of communicating they think can be effective, particularly in the west. it shows to my continuing

amazing how sophisticated isis is in its propaganda techniques. whether the message is aimed at the west or the east or on video and through social media. very different from al qaeda. bill: he's dressed in black rather thanked the traditional orange. >> speculation where someone is dressed in orange and is behead. this may be an indication that when you see somebody in black it won't end the way other ones did. bill: he says the battle for kobani is practically over. he says without safe access there are no journalists in the

city. >> the western reporters are on the turkish side of the borderer relying on reports from people inside so bane. >> allowing them to walk around is contended to convey pictorially that isis is in control. >> bill: quawsh post, quote, an unlikely consensus is emerging about the war against the islamic state. president obama's strategy is unworkable. officials say more time is needed to accomplish complex tasks of training iraqi military forces. the president cannot accomplish his announced aims. >> that's entirely predictable

at the start. it's the implications of their conclusion that should be most troubling. if the strategy is not working and we don't change it the consequence will be sighs * will consolidate its control over an area the size of great britain and it will have created a new country in the middle east. bill: it's unbelievable. does the president want this battle or not? >> i don't understand what he thinks is going to happen that's going to take a year to train the syrian opposition. god knows how long it will take to retrain the iraqi army. only the kurds are fighting effectively and we are not supplying them with arms and the president ruled out a larger military involvement. if you didn't like the taliban in afghanistan, wait until the is lambic state gets ahold of

them. martha: it the seems hillary clinton has some explaining to do after saying corporations don't create jobs. how she may try to dig herself out of this hole. martha: a race that could help decide the battle of power in the senate. >> he was a rubber stamp for corporal interests, the wall street blanks and companies that want to outsource our jobs.

bill: clarification from hillary clinton apparently after remarks she made about how jobs are

created in america. cam name massachusetts friday she said corporations and businesses don't create jobs. >> don't let anybody tell you, you know, it's corporations and businesses that create jobs. bill: republicans jumped on that. hillary clinton released a statement saying our economy groats when businesses and entrepreneurs create good-paying jobs here where workers and families are empowered to build from the bottom up, and not when we give tax breaks for corporations to outsource jobs and stash their profits overseas. martha: a new hampshire democrat is desperately trying to fend off her republican challenger. scott brown is behind jeanne

shaheen by 2 points. he was supposed to have an seizey time of this because brown is from massachusetts. so what's going on here? >> this is a state obama beat mitt romney in. her allegiance to the president has been turned into a political disadvantage. the incumbency is not an advantage in new hampshire. scott brown has been pounding her as going to closely aligned with the president. shaheen says that's not the case and it's time for scott brown to go back to massachusetts. she was introduced by somebody who called him a carpet bagger. she tried to make a joke out of it with a reference to immigration. >> are you going to let this guy sneak over the border? we have been discussing border

security. clearly we didn't do enough to secure the southern border of new hampshire. >> reporter: brown was actually born in new hampshire but group and got involved in poll nicks massachusetts and won the seat from the slate ted kennedy in 2010. shaheen came into the senate the same year obama did and the president is dragging her down. it would be interesting to see what would happen if a republican made a statement about an out of state candidate being an illegal. martha: who seems to have the momentum now? >> both sides claim to have it and they are frantic. brown continues to hammer shah sheen as someone too close to

the president. shaheen comes back that he's a captive of the corporate interests. but brown has often bucked the republican party and has been at odds with her about it. but he says it's time for a damage in the senate majority. >> my dad was pane airman, my mom was a way treps at hampton beach. i'm a sofnt american revolution. but i have been fighting for taxpayers for 25 years. senator shaheen is from missouri. but people don't talk to me about where i'm from. they talk to me about where i'm going. report report they argued about ebola, obamacare, syria, jobs and the economy, the next 7 days it's all about ground game. when democrats start talking about that. for a blue state democrat being

an incumbent has proven to be a problem. it will go down to the wire. it will make it a late night tuesday. martha: carl, thank you so much. bill: dangerous lava flow forcing people from their homes. molten mass erupting from the island's biggest have kay know. martha: the cbs rejects mandatory quarantine. >> this newest guidance from my perspective is incredibly confusion. what's the difference between someone considered high risk. you don't want them at public gatherings or public transportation. that's quarantine. the review.

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bill: 9:31 in new york. a wave of earnings after the close tomorrow. some solid, some not so hot. we'll keep a watch on the markets now. martha: the battle between the white house and state governors has reached something of a fever pitch. new jersey governor chris christie defending his decision for his state of new jersey and criticizing the cdc's new ebola guidelines. he says they don't go far enough to protect americans. >> by the way, what's the continues with someone considered to be high risk. you don't want them on transportation or public gatherings, you want them to work at home. that sounds like quarantine.

i'm going to be on the right side of both science and public opinion. folks got infected in texas because they were behind and we aren't going have folks infected in new jersey. governors have the responsibility to protect people inside their borders when folks come in with this problem. >> reporter: michael burgess is a physician an was at the center of monitoring the ebola situation in dallas. good to have you here. welcome. do you agreet cdc has been behind on this whole thing and governor christie is right in taking a strong stance with quarantine in his state? >> yes to both. the centers for disease control

guidelines have been evolving. they are not the same as they were in the first of october or the midland of october and it is confusing for people. people don't understand what is required of them and as a consequence that's breeds additional mistrust and unease amongst the people having to deal with this. it's a very, very serious fatal brutal illness the likes of which more clinicians and nurses in this country have never seen before. martha: i was watching dr. can't brantly and he described the disease and what he went through. he said on day 8 i was close to death and that's when i was given treatment that turned his situation around. people have lost touch with the seriousness of this disease. i think people are rational about the way it is transmitted. but as you point out, the cdc

has been wrong. now you have got the president and the president on opposite sides of this argument with what to do with our military when repercussions far beyond where the treatment is occurring. martha: none of these people's lives had to be put in danger if this had been hand dinltly from the beginning. obviously screening as we were told by the cdc did not work. the screening process failed. do you agree with that? >> here is the issue. you don't know whether thehe temperature screening is going to be good 99% of the time or 95% of the time. no one has done the studies because we haven't had the experience with the illness in this country. as far as someone without symptoms is not infect. do you want to sit on the bus

next someone you find out the next day has been hospitalized and severely ill with ebola? i do not. and i would feel better if they were not aloud on public transportation. i think some type of restrictive hold has to be applied. there are two parameters. one traveling to this country elect toughly. i think those travel documents should be suspend and let's try to get our arms around this problem here now. for american cyst citizens transitioning back to this country there does need to be special sensitivity yes they are citizens and have rights but there are broader public health issues that may have to be considered as well. and i think actually separating those two things. one is elective travel of non-citizens, can when put a hold on that? i would say we should. for american citizens coming back, be sensitive and rational.

general odierno is saying you are going to be in a place in italy for three weeks. you will be taken care of. up continue to be paid. no one wants to come back and endanger their families with this illness not when they have seen how bad it is in the clings in liberia and sierra leone. bill: monday night football, the cowboys and the red skins. tone any romo hit hard on the -- tony romo was hit hard on the blitz. he's a tough man, agreed? redskins quarterback scores. skins lead 7-10. cowboys answer right back. another touchdown of their own. a tie gape after this one there. we go to overtime. monday night football, the

redskins go up by 3, cowboys' last chance to make something happened. that stadium in dallas is phenomenal. the scoreboard is so gigantic, you don't know if if you should watch the play on the field or the scoreboard. martha: everything is thinking about dallas. bill: 65 yards long. martha: watch for them to have laryngitis today. coming up ... the irs is under fire. critics claim the agency is seizing cash from small business owners without charging them with any crime or having a warrant for any investigation. it's quite a story. we'll talk to an attorney representing people who say their money was just taken. bill: is president obama helping

in this case or hurting? >> how comb's not out campaigning for and with democratic candidates? ameriprise asked people a simple question: in retirement, will you have enough money to live life on your terms? i sure hope so. with healthcare costs, who knows. umm... everyone has retirement questions. so ameriprise created the exclusive confident retirement approach. now you and your ameripise advisor.... can get the real answers you need. start building your confident retirement today.

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this was a good idea. shhhh. be quiet. i'm being quiet. you're breathing on me! if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. head for the cemetery! martha: we have more reports of voting irregularities. maryland voters said when they selected choices on voting machines, the choices would flip from republicans to democrats. maryland officials say they are investigating this glitch. also a man who used a touch-tone machine, his vote changed from republican to democrat. officials say the machine had a calibration error but they are work on that. bill: is president obama too

toxic to campaign with democratic candidates? >> reporter: how comb's not out campaigning for and with democratic candidates? >> those interested in seeing the president campaigning will have ample opportunities to do so over the course of this week. >> he has not been out on the campaign trail. >> there are so many stops i have to look up exactly where the path is traveling. >> do you admit the president has been considered toxic to democrats. >> i do not agree with that. bill: rich lowry and bob beckel. is he toxic or not. >> this may be a pulitzer prize series of questions. very insightful. are you kidding me?

the last two presidents in six years, bush and clinton, nobody wanted to campaign with them. and ronald reagan in his second year. bill: is he toxic for not? >> of course he's toxic. you ask josh earnest an honest question you know he can't answer honestly. yes, he's toxic and then you get a great clip and it drives bob crazy. >> he's toxic to people voting against him. if you take obama somewhere, are you going to pretent he's not your president? you turn out the base, that's way it's about.

you have got him in mitch and minnesota. but north carolina, iowa, colorado. these are places he would have scattered. >> they are not doing it because the risk is too high. even when president obama was much more popular there will be is zero evidence that popularity was transferable to the candidates ke went campaigning with. that's why you have every candidate in the country ducking and covering and trying to pretend they don't know the guy and didn't vote for him. about it * politico from yesterday they call it a chaos election. one that's dominated by the vague but pervasive sense that almost nothing the country is going right or just as importantly is likely to anytime soon. >> i think that's right. the biggest issue is the sense

of government dysfunction and pervasive distrust of our governing institutions. you go state by state and issues matter. scott brown has come back tied in that race because of immigration and national security. look at kentucky, coal an enormous issue. obamacare, tom cotton in arkansas hitting it on the airways. there are issues in these races but nationally the biggest thing is sort of this haze of miasma. >> i could find those same quotes when george bush was running in 2006. bill: this isn't 2006. >> when you are in the 6th year of a presidency, they are negative. and this is a negative atmosphere around bush and obama, it was negative atmosphere around clinton.

bill: he makes an interesting point. i think you are arguing two things here. i'm going to try and thread the needle if you will allow me. you are arguing the senate races will be decided based on local issues in that state. but the umbrella of isis and ebola and even going back to healthcare.gov, that's what this chaos issue is trying to hit on. >> the big nationallan is defined by the sense of chaos and things being out of control and that president obama was a false prophet. >> i imagine arkansas on this election day is going get up and say gee that ebola patient is killing us down here. bill: do you agree with the concept about the ebola election? do you think there is an unease?

that's the point it makes. >> all those issues have a national implication whether it's coal. and they are issues that matter. on.re campaigning that's what i but the idea of democrats going to run from their president when they vote for him 75% of the time is elementary 101 politics. bill: protectionor beckel, sir. we'll intee you in 7 hours. don't be late. martha: the ouron boss is sounding the alarm saying the president is getting ready to give mass amnesty to millions of.

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you got this. martha: hawaii bracing for the worst volcanic lava inching closer to homes there. population 1,000. some residents are already leaving. william lajeunesse is live in our west coast newsroom. what's the latest? >> reporter: we just spoke to hawaii civil defense and said the lava just crossed the fence line of the first home. it's moving 18 feet an hour. residents are just watching and waiting as the world's youngest and most active volcano continues to spew la peninsula acontinues to -- spew lava as it has since 1983.

it threatens this comment with residents used bulldozers to divert the flow. the front edge as wide as a football field. they fear it will cross highway 130, cutting off grocery stores and services. that means the town becomes unlivable. right now there is nothing they can do but watch. >> when t the flow is going to o what it wants to do, there is no amount of water we can put on it to stop it from advantage. we'll protect the other assets and property that aren't in the direct flow path. >> reporter: once the lava hardens it's impenetrable. martha: the immense power of nature at work in hawaii right

now. william, thank you very much. if people stay there it will be 100 miles away from anything and that town could essentially disappear. bill: the battle over the ebola response. six states and the pentagon issuing a mandatory quarantine. the cdc says that's not necessary. what's up with that. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.®

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like new jersey and even the pentagon setting up their own guidelines. the head of the cdc saying those fighting the outbreak in west africa are well aware of the risks. >> health care workers, of all people, understand that if they develop ebola, sooner, the sooner they get care, the more likely they are to survive, and the sooner they get isolated, the less likely they are to infect their family members. martha: so will they be able to not infect anyone during that time period, is one of the biggest questions here. chief white house correspondent ed henry is in new york today. he's in our newsroom. so, ed, it seems like these new guidelines, you know, governor christie said they were confusing to him, and when you look at them, they could be overridden fairly easily if someone wants to. >> reporter: no doubt about it, martha. the bottom line is that these were put out yesterday by the cdc to try and reassure the public, but the white house up front said they are just guidelines, as you say, and they don't have to be followed, and a lot of states have more

stringent standards than what the cdc put out. so you have, as you say, republican governor chris christie in new jersey saying he's not going to back down. if he has another case similar to the nurse who was kept in that tent for two days over the weekend, he's going to have to do something similar. he's going to put another health care worker in some sort of quarantine, a mandatory one. and it's not just that he's a republican governor fighting the white house, you have a democratic governor, pat quinn in illinois, who also has more stringent standards, and president obama's been campaigning for pat quinn. so this is not necessarily about politics, it's about these governor cans asserting their authority state by state. look, we still have a patchwork system even after these guidelines where state by state it's all different. martha: yeah. and you even have the pentagon which is going its own way from the president of the united states as well on this, ed. and you drilled down on this issue with josh earnest yesterday. let's take a look.

>> send u.s. troops basically into the hot zone without a policy on when they come home, whether or not they're in quarantine? how could that have not been decided before? >> because what we are seeing here, ed, is we are seeing this administration put in place the policies that we believe are necessary to protect the american people and to protect the american troops. martha: and part of his answer, ed, was, well, most of them won't be in the actual hot zone. >> reporter: right. martha: i don't know that's great comfort to these military members or fair families. >> reporter: it's unclear. some of them will not be interacting with ebola patients, but they're going to be certainly closer to the hot zone than you and i are right now, they're in western africa. the bottom line is you've got the army saying their returning troops are going to be put in a mandatory 21-day quarantine, the white house is saying they haven't made a decision because that's the opposite of what they've been saying about returning health care workers. they keep saying no one in

mandatory 21-day quarantine, so you've got two different parts of the government saying two different things. martha: yeah. and once again you've got a divide between the pentagon and the commander in chief which is a very unusual situation. good to have you in new york today. bill: so the pentagon implementing its own plan for soldiers returning from the hot zone. national security correspondent jennifer griffin has that story at the pentagon now, and what is the army brass saying, jennifer? >> reporter: well, bill, just as ed has pointed out, fox news has learned that it's not just the army, but all of the joint chiefs recommended to defense secretary chuck hagel last friday that the defense department adopt a 21-day quarantine of u.s. military personnel traveling to ebola-affected areas. that is exactly what happened to major general daryl williams and 11 u.s. soldiers who left liberia this weekend and are now in a forced quarantine, separated from their families and others on their base in italy. here's the statement released by the army last night.

quote: >> r eporter: we are told they are doing this out of an abundance of caution to protect military units and military families, to ease their concerns even though the science behind the new army recommendation is questioned by the cdc, bill. bill: where's the defense secretary, chuck hagel, on all of this, jennifer? >> reporter: he's caught in the middle, between the recommendation of his chiefs on the one hand and the white house which does not believe health workers should be quarantined or stag matized after -- stigmatized. hagel has not yet weighed in on the decision about whether to make the army policy apply to the other services has yet to be made. >> you can't treat the military one way and treat individuals that are health workers coming out of the region another way,

and liberian, sierra leone and guinea citizens a different way. >> reporter: we'll hear from rear admiral john kirby at 2 p.m. today, there are about to be many questions about the conflicting messages being sent from the white house and the pentagon. bill: follow that bouncing ball, right, jennifer? thank you. martha? martha: meanwhile, australia's taking a chance that no western country has been willing to take so far, they've imposed a travel ban on anybody trying to enter australia from west africa. and imposing a mandatory quarantine for anybody who already approved travel to australia from those countries. the the government suspending its humanitarian program in that country until further notice. bill: there is also an experimental ebola vaccine set to get under way in switzerland using a vaccine based on a genetically-modified chimpanzee

virus and will be conducted on 120 volunteer participants. similar trials already underway in the u.s., u.k. and mali in west africa, and we had done a little bit of that too, right in just about a month or two. if you're confused about what the government's doing and not doing, you're not alone -- martha: no way. bill: we're trying to connect the dots as well. martha: parts of the military on one page, the pentagon on another page, the white house reluctant to say, it's really unbelievable. and the governors basically saying, look, if we're not going to get direction from up above, we better take things into our own hands. democrats more than republicans. all right, so we are exactly one week to go before the midterms. they will be on tuesday of next week, and voters will say what they think about whether or not the country is on track or is off track and that they want to change direction. here's a new washington post poll that really goes to that question. 46% think that republicans are going to take control of the

senate come tuesday. 33% disagree with that, they think that democrats will retain control of the senate. michael warren is a staff writer for the weekly standard. good to have you here this morning, as always. >> good morning, martha. martha: one of the big takeaways here is they think people are disinterested in this midterm election. >> well, they would be. you look at the network news, nightly newscasts, they haven't -- they barely covered the race. this is not something that's been, i think, in the forefront of people's minds. the people who are more likely to go out and vote are, let's see, upset with the president, they don't like his agenda, they don't like the leadership he's been doing, and they prefer republicans now to democrats. this poll is actually not telling us anything we haven't really known for the last few weeks or months, it just kind of adds some nuances and gives us more of an updated view with some of these issues that have come to the fore front. so it's -- forefront. so it's really sort of giving us

a view that we've known for months. martha: the president talked about a pervasive unease in the country, and i think that is so palpable in the numbers that you look at here in some of these internals. the government -- people losing their confidence in the government's ability to deal with problems. that is on a huge decline over the past few years, 3 to 1 in terms of thinking that the government has the ability to deal with problems. and i think a lot of people feel they've seen that with this cri. but let's take a look at some of these states, because we watch the numbers as they come out every day. let's take a look, first, at new hampshire, michael. because this is a brand new poll, the first one i remember that shows scott brown actually up. this is within the margin of error, as you can see, but 48-47, scott brown over jeanne shaheen, and let's take a look at the real clear politics average in new hampshire which has brown at 46 and shaheen at 48%. what are you seeing here? >> there have been a couple polls that have shown brown ahead, but you're right, this is sort of a new trend, seeing

brown close and even overtake shaheen. look, i think that as we saw back in 2010, scott brown closes very, very well. this is going to be a really, really tight race up until the end. jean shah heap's a very popular former governor, but she's been hurt, i think, by president obama's record and her support for it. there was a debate over the weekend where she actually interrupted scott brown's closing arguments, and she looked kind of irritated at some of the shots he was taking at her, so i think that indicates this will be close, and i wouldn't be surprised if we woke up next wednesday and heard brown was the new senator. martha: let's look at these other two polls. north carolina, in the latest poll this morning, tied between kay hagan and thom tillis. he also has been coming on strong in the late process here, and there's a look at the real clear average, 48-42, really razor tight in north carolina where a ton of money has been spent on that race. let's take a look at louisiana. mary landrieu having a very tough time against bill cassidy.

this is the newest poll that we've seen, has cassidy up by seven points in louisiana, and there's the real clear average, a little bit tighter gap but still cassidy well ahead. your thoughts on those two. >> well, north carolina is actually a red state or a sort of red-purple state that i think the democrat might hang on. kay hagan has had a lot of help with a lot of money from outside groups as well as her own fundraising, and they really hurt thom tillis hard on education so-called cuts that his legislature made. but he has, he has come back strong. i think a lot of the stuff on national security he's been pushing in his ads, so this one really will come down to the wire. the louisiana one is interesting. of course, louisiana is sort of an open primary that we're having in november, so if neither candidate gets 50% -- which is looking likely -- they'll actually go to a december runoff. the interesting thing here is looking at those poll numbers, you have to wonder there's a second republican candidate

who's sort of getting from the tea party wing of the party, he's polling somewhere in the 10s or up to even, you know, 19% in some of these polls. if he weren't in the race, you wonder if cassidy couldn't put this away in november, but it doesn't look like he's going to be able to do that although i do think he has a good shot in the runoff. martha: the cassidy folks are thinking the same thing, they could spare themselves a december night, and it could come down that that. we may not have an answer next tuesday. good to have you. >> thanks, martha. martha: make sure you join us on election night. we've got bret baier and megyn kelly hosting our special coverage, bill will be other at the billboard, and i will have a look at the exit polls as people come out and we start to get that data, feedback, and we analyze it and tell you what people are thinking, what's most on their minds when they leave. that is a big indicator as well of where this whole thing is going. tuesday, november 4th, 6 p.m. eastern, and you and i will be -- i'll be over there, you'll be over there in your corner.

stay in your corner. [laughter] bill: always do. alaska closes at one a.m., by the way. martha: it's going to be a long night. bill: join you for january. martha: exactly. bill: so stay tuned, america. [laughter] the irs quietly seizing the bank accounts of hundreds of americans. >> no one in america should lose their property without being convicted, let alone even charged with a crime. that's what's happened here, and it needs to end. bill: wow. the agency can take your money without charging you with a crime? we'll talk to an attorney trying to get justice out of the irs on that. martha: and is the white house planning a mass amnesty program after the midterms? the head of the immigration officers' union is the one who is saying this. bill: also another gaffe from hillary clinton, is that true? after saying corporations do not create jobs, the possible presidential candidate now backing off that. we'll tell you what she's saying. ♪ ♪

bill: authoritys in texas investigatie cause of a massive fire that leveled a home outside of houston. look at that. since the neighborhood did not have fire hydrants, crews had to brick in water by way -- bring in water by way of truck. neighbors saying just before the fire began, they heard a series of loud pops. >> i've seen a few house fires before, and it's exactly what it looked like. i mean, you're talking about the flames shooting up about 60 foot in the air and about 70, 80 foot

wide, a large glow lighting most of the neighborhood up and a few pops here and there. bill: fortunately, no one was home when that fire broke out. martha: new reaction from some of the small business owners targeted by an irs law that is designed to catch criminals. the irs permitted to seize bank accounts without a warrant and without even filing any criminal charges. but now some of these innocent americans affected say that it has taken a big toll on their lives, and how could it not? >> i had to scramble, i had to borrow, i had to beg, i had to put money on my credit cards, things i've never done before. it's been a year from hell. martha: no doubt. that is one of the clients that is represented by larry salzmann in this case, he is with the institute for justice. larry, welcome. good to have you here. so this law, just to catch everybody up at home, if you make deposits smaller than

$10,000, which many small businesses do across the country because they want to get that cash out of their business and put it into the bank so it's in a safe place, but that can trigger an irs investigation, and then they can take the money out of your account on suspicion that maybe you're a drug dealer or maybe you're up to something no good because you're trying to keep it under that threshold, correct? >> that's right. the problem here are civil forfeiture laws which allow the government to take your property without charging you, let alone convicts you of any crime based upon a mere suspicion that your property is involved in crime. martha: so they can take tens of thousands of dollars based on these small deposits and say, sorry, you should have put in $12,000 and filled out the government form. i mean, i think this is absolutely unbelievable to people who hear this story. why don't they need a warrant? why don't they need to say to you, what are you up to? >> they do get a warm, but it's call -- a warrant, but it's an ex parte warrant, and then they

seize the money. the problem is they're not doing any serious investigation in these cases before they're grabbing the funds. and with the civil forfeiture laws, what that means is you might wait up to a year or more in the case of one of our clients, it's two and a half years, before you can see a judge to challenge that seizure. it's just outrageous, and that's why civil forfeiture needs to end. martha: it is outrageous. do any of these people get their must be back? >> well -- money back? >> well, a lot of these people can't afford to fight. they seize the money, and then you have to go up against the full might of the department of justice in federal court to prove your own innocence to get your money back. for most people that's just not possible. they can't hire a lawyer and pay them for the amount of money that's being seized, so they walk away from the property or they're coerced into a settlement. martha: so now they're saying they're going to curtail -- they've announced they will curtail the practice, this is after the front page new york times story. suddenly the irs says we're going to focus on cases where we

think there might be some criminal wrongdoing. gee, that's a good idea. why didn't they think of that before? >> that would help, but inexplicably, they've said it's not going to apply to cases currently going on -- martha: they already have their money. they don't need to do that, right? >> that's right. really this is an acknowledgment that for years they've been using civil forfeiture laws to take money from people that have done nothing wrong which is what happened to carole, who you just saw there, and the hirsh family on long island. martha: it's pretty extraordinary. you look at the debt in this country, and we're taking money from people who are just trying to run their own business and aren't doing anything wrong, and we still find ourself enormously in debt after taking money from individuals in this country. it's really an unbelievable story. larry, thank you very much. keep us posted on this one, will you? >> >> thank you. bill: 20 past now. she says her computer filed were deleted in fro on the -- in

front of her very eyes. how cheryl atkinson says her computer was hacked. martha: and grounded, the terror-inspired wi-fi name that led this plane to be sitting on the tarmac for hours. >> thank goodness that we did not fly, because you just don't know. >> very scary to think that someone would actually do that. especially on an international flight.

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martha: well, did you see this one? a jogger went really flying right into british prime minister dade cameron, sparking -- david cameron, sparking a security scare on the street. watch this, he's just walking along. i bet he had headphones in. he gets, basically, knocked over. he was at a conference in

england when the man ran up to him. security people grabbed the guy can, of course, and rushed cameron into a car. the man was held briefly, but then they released him. police say he was in the wrong place at the wrong time, but cameron's security arrangements are now under review. bill: new warnings about the possibility of a mass amnesty movement planned for after the midterm elections. the union representing about 12,000 immigration officers, says the government has ordered enough supplies to print as many as 34 million new work permits and green cards over a period of five years. from our sister network, lou dobbs, host of lou dobbs tonight on the fox business network. how are you, sir? we started to sniff around this story about a week ago. >> right. bill: does this give it more credence now? >> oh, i think there is no doubt, bill, that this is going to happen. the president is committed, putting out this request for bids is just the next stage in

what is a ideological march toward an authoritarian fiat. there's no other way to look at this. that the president would move four million people with the stroke of a pen on an executive order or fiat and declare them to be -- bill: is it your sense that between election day and when the new senate is sworn in that if it, indeed, goes republican he would, what, take executive action during that period or as we call it? >> fancy call for lame duck. i love it. i just can't imagine this president lying to us about anything. he has declared that he will do precisely that, which is sign up, you know, as many as he can on one order giving them amnesty. and, you know, as i say, the man is honest to a fault. he never says anything he doesn't mean, so we've got to take him at his word. the reality is politically it's going to be determined, i think, in large measure by the outcome of the election. if the republicans take a large

senate majority, this president will be in difficult, deep trouble if he pushes the envelope on talkingsal power and -- on constitutional power and, in fact, abuses and flaunts our constitution. bill: let me come back to that. here's what the national citizenship and immigration services president said: whether it's failure to uphold the public charged laws, the abuse of our asylum procedures, visas for health risks, the taxpayers are being fleeced and public safety's being endangered on a daily basis. that's with regard to more illegals coming. >> that's correct. and it's a reference too, of course, the lack of border security at our ports of entry whether they be airports, seaports or the borders. north and south. this is not a joke, and this president is -- people have talked about him as being an unserious president. this is a president in my judgment, bill, who is very serious about demonstrating that

he can break the constitution, its prohibitions, its negative charge, if you will, as the scholars like to look at it. i see it as the most positive document ever written. it's the foundation of our nation, and what he is doing iser terribly endangering -- bill: quickly, and you touched on it. if republicans do get the majority seven days from now, what is your expectation? what have you thought about with regard to immigration, even bigger issues about what a republican congress would do with legislation sent to his desk? >> yeah. you know, bill, i've endorsed what congressman bob goodlatte, chairman of the house judiciary committee, what they've come up with and passed these bills out of committee into the house. they're four principal bills that are the foundation of intelligent, responsible reform. i support it 100%. it provides for border security, for reforming immigration laws

and providing a pathway to legalization for illegal immigrants who have been in this country for a senior period of time. but it's all predicated on the national interest, not the vested interest of either the right, the business round table, chamber of commerce on the left that is socioethnic, activist groups and the democratic left wing. bill: wow. it's going to be an interesting time. >> it is, indeed. bill: thank you, lou dobbs. don't miss lou. check him out on the fox business network, and if you're not sure when, log on to foxbusiness.com/channelfinder. martha, what's next? martha: interesting segment coming up. former cbs computer cheryl atkinson says her computers were hacked and her reporting was stonewalled all while she was covering the obama administration. the details she shares are pretty incredible about what happened to her. that's coming up next. bill: also the sun is on fire. a closer look at a historic burst of solar flares happening

now. ♪ ♪ big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

martha: we have some breaking news now coming out of boston as a jury has reached a verdict in the trial of one of the friends of the boston marathon bombing suspect, dzhokhar tsarnaev, convicting him of lying to the fbi. this is one of his college friends. the agents claim he told them a string of lies before he finally acknowledged, yes, he was in tsarnaev's room at the dorm when two other friends removed tsarnaev's backpack that had fireworks and laptop computer. he said he was too high and too scared and too young at the time to share with them what he knew, and he has now been convicted. no word yet on what the sentence will be. ♪ ♪

bill: now to washington, former cbs news reporter cheryl atkinson accusing someone of the government of hacking into both her home and work computers and repeatedly accessing her files and then covering his tracks. this happening at the height of her investigation into several scandals involving the obama administration. atkinson details the claims in a book called "stonewalled." wow. here now, howard kurtz, host of media buzz. good morning to you. >> good morning, bill. bill: you begin in a place called big mac, because that was the mcdonald's in northern virginia, first part of 2013. start there. what happened? >> well, big mac is my name for sheryl atkinson's shadowy source who was called in to look at her computers and was flabbergasted by the intrusion by the hackers. they accessed files, they deleted some files, this started

a wholechain of events in which it was very clear that she was being surveilled by somebody who knew what he or she was doing. bill: what was she working on at that point, what story or stories? >> well, she had been working on the fast and furious gun-running scandal, then she was working on benghazi. in fact, the benghazi file was one of the ones the intruders looked at. now, there's the clear implication in sheryl's book which will be out in a few days that the administration might have known about this or been behind it. there's no proof of that. the justice department which has, of course, conducted surveillance of certain journalists denies looking for anything on her computers, but there's one scene in the book where she's on her i mack, and suddenly all these files start at leasting at hyper -- deleting at hyper speed. and one of the consultants said these are trying to send you a message. bill: they were able to operate it remotely as if they were sitting in front of it.

and true or not, she recorded some of that, howard? >> she took out her phone and took pictures of it because she wanted to have some sort of documentation of it. cbs hired a consultant which concluded also about the multiple intrusions. part of this book is not just about the hacking and her battles against the obama administration on these various scandal stories, but her internal struggles with cbs which is why she quit which became less interested in some of these pieces like benghazi, like fast and furious and others, and it really says a lot about the state of investigative reporting on television today. but, boy, reading this, you know, first i thought, well, maybe she got a little paranoid. she even talks about that. but you imagine having your most personal information on both of your computers, somebody's looking at them, somebody is deleting the login information to cover their crags? bill: -- cover their tracks? bill: cbs just let it sit around and, quote, loved it until it began to stink like old fish.

did she offer you many comments about bias in media that she sees? because what she would argue is that i'm investigating obama folks just as much as i investigated the bush folks. >> yeah. i've talked to sheryl in the past. she says that there's an attempt to paint her as some kind of rabid right-winger who has something out for obama. she won awards, including emmys, for investigating stories during the bush administration as well as the obama administration, but she does say some of the cbs executives seem much more resistant to stories that painted the obama administration in a bad light. bill: we'll get her thoughts directly as well when that book comes out. howard kurtz, thank you, washington d.c. martha: well, there is some good news for the second nurse to be infected we with ebola after treating patient thomas duncan. amber vinson, whose face became known to everybody across this country, it's a very happy day for her. she's going to be released from the hospital. she's expected to make a

statement later this afternoon. we expect to hear from her around 1:00 eastern. the doctors have declared her ebola-free. she was put into isolation on october 14th of after flying to ohio and back with a low grade fever. she said at the time that the cdc said the fever she had was acceptable and that she could fly with that. you know, really remarkable success so far with these people, and that is a real credit to the health professionals who have taken care of them. and thank goodness she's all right. she's going to be heading home. bill: so hillary clinton now backtracking, um, from controversial comments claiming businesses are not the ones that create jobs. what she is saying now, and will that stumble hurt her chances if she runs for the white house? we'll debate it, fair and balanced, moments away. martha: and find out what happens after a police officer finds $120,000 in cash laying on the side of the road. what did he do? >> i thought, what in the world? this can't be happening. i have a lot of friends that

have said, what are you thinking? why did you turn that in? i'd take it home.

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engage with us. bill: california highway patrol officer now being praised for her honesty after finding two bank bags filled with more than $120,000 in cash, returned it to its rightful owner. the officer, who spoke off camera because she wanted to remain anonymous, says she found the money while driving around in her own car. >> there was two bank bags that said bank of america, and i thought, i wonder if this is from some type of bank robbery or something. i opened it up just enough to see stacks of $100 bills. bill: the officer saying a lot of people questioned her decision to return the cash, but she told them it was the right thing to do. ♪ martha: so hillary clinton's now trying to clarify some controversial comments that she made on job creation in america. here is that original controversial comment at a

campaign rally that she was at for martha coakley in massachusetts. >> don't let anybody tell you that, you know, it's corporations and businesses that create jobs. martha: interesting, right? so yesterday she backtracked on that a bit after she got a barrage of criticism saying here's what she really meant, quote: our economy grows when businesses and entrepreneurs create good paying jobs here in america and workers and families are empowered to build from the bottom up and the middle out, not when we hand tax breaks for corporations that outsource jobs or stash their cash overseas. that's perfectly clear, right, everybody? david webb hosts a siriusxm show, and leslie marshall, a fox news contributor. good to have you here. >> good morning, martha. martha: you know, it was lost on no one that hillary clinton was in massachusetts when she said that. it's also lost on no one that

elizabeth warren is getting more and more attention as a potential contender for the democratic nomination. and here's going back what elizabeth warren originally said that got this whole you didn't build it ball rolling. >> you built a factory out there, good for you. but i want to be clear, you moved your goods to market on the roads the rest of us paid for. you built a factory, and it turned into something terrific or a great idea. god bless. keep a big hunk of it. but part of the underlying social contract is you take a hunk of that and pay forward for the next kid who comes along. [applause] martha: so, leslie, is hillary clinton trying to grab onto that message and say there's really not a whole lot of daylight between elizabeth warren and i on this? >> i don't think that's why she did it. i've got to be honest, i think that she was completely speaking off the cuff. she dind, you know, clarification or not, at the end of the day in politics, left or right, it's what you said, not

what you meant or meant to say. and i do feel that she was, as she clarified talking about, look, we shouldn't be giving tax breaks to corporations. we also know that corporations when we give them those tax breaks and they're taking those jobs and they're building those factories and producing goods overseas, they're taking jobs away from the american people. and we need to do something to bring them home. that was not what the message -- martha: i don't even, a lot of -- i don't even know what that's about. we have the highest corporate tax rate in the world. our corporations pay more taxes to to the american government than any other corporations in the world, david. so, first, let's go back to the initial premise here. and i don't -- i didn't think it looked like a slip from hillary clinton. i thought she was sort of trying to get it out, and she's thinking maybe, you know, this is -- i know what i want to say here, and i want to get this message across, and it didn't go over that well. what do you think, david? >> well, this is hillary clinton who the only real world job she's ever heard has been the rose law firm, and we all saw

how the whitewater scandal played out. it's being hillary clinton when -- it's hillary clinton being hillary clinton when she tries to play the crowd, and her fundamental lack of understanding of how things work. by the way, trying to conflate tax subsidies and those issues which need to be dealt with with corporations that create jobs, as somebody who owned and ran businesses in massachusetts, i created those jobs. hillary clinton has the same thing as elizabeth warren or martha coakley, a fundamental different view of how economics and business works and, frankly, all the corporations that pay her $200,000 plus. you know, get your money back for your speeches because you are just a cash cow for the clintons. martha: let's go back to this original question as well, leslie. is hillary clinton a good candidate? is she good at politics? charles krauthammer or raised this last night and said you remember the dead broke comment? not so wise when you are talking about your homes, in the plural. how good is she at this?

was she great at being behind the scenes for bill but not so great out there in front? >> well, i think that we see from last time around even though she didn't get the democratic nomination, the millions of people that supported her that, yes, does he need to -- she need to rely on those people that i'm sure they have the people behind her that would advise her and maybe some people are afraid to advise her because this is, like, the third or fourth gaffe, and i don't like it add a democrat. but she is seriously a great politician, she's a great candidate, but she needs to rely on her team and not just rely on herself and her expertise. >> no. >> and, david, by the way, secretary of state and senator, being a senator are jobs. >> government jobs. she hasn't had a private sector job, leslie. >> oh, okay. government jobs don't count. >> i love you, leslie, but being a great candidate, she is not. she has always been the behind-the-scenes person, the enforcer for clinton getting teams to go after all the women who accused him of a variety of

things. this is typical hillary hillary, and here's the thing about her: the base may love her, but she's not the kind of candidate that people want to like, and that is something about hillary clinton that will always be in her way. martha: we will see. she's out doing all the potential republican candidates -- >> walking it back, here we go. [laughter] martha: we'll see. i think we're going to be debating this for a couple years to come. leslie and david, thanks a lot. we'll see you next time. bill: jon scott's working for his job. jon: that's right. nothing like a little political argument on a tuesday morning, right? so it is just one week, bill, as you well know until the midterms. real clear politics says at least nine senate races are too close to call. also 11 governors' races that are competitive and 23 on the house side. we will break all the numbers down with live reports, analysis and the latest polls. plus, the new fight over ebola quarantine rules and, get this, transplanting dead hearts?

details on that coming up, "happening now." bill: wow. it's not valentine's day. jon: no, we're talking real sort of beating hearts. yeah. bill: we shall watch. jon: okay. bill: jon scott, thank you. see you at the top of the hour. multiple eruptions on the sun's surface, some of the biggest you will ever see. why now? and what does it mean for the earthlings down here? ♪ ♪ while every business is unique,

everyone is looking for ways to cut expenses. and that's where pg&e's online business energy checkup tool can really help. you can use it to track your actual energy use. find rebates that make equipment upgrades more affordable. even develop a customized energy plan for your company. think of it as a way to take more control over your operating costs. and yet another energy saving opportunity from pg&e. find new ways to save energy and money with pg&e's business energy check-up. martha: well, a joke in very poor causea security scare aboard an american airlines plane. it was all because of this, a passenger on the flight from l.a. to london saw this wi-fi connection named al-qaeda-free terror network pop up.

the flight was immediately grounded. >> at first the captain came and said it was a maintenance issue, and then after an hour he said there was a security threat and that we didn't have clearance to take off. if it is a joke, you can't be of sane mind to even be making these judgments and naming your wi-fis al-qaeda. it already, it's already a red flag. martha: how stupid is that? passengers were stuck on that plane for three hours until the police cleared the plane. authorities say there was not a crime, so there were no charges filed. ♪ ♪ bill: huge solar flares are erupting on the surface of the sun. in the past week now, six massive flares have spewed from the sun, so what's up with that? we have the manager editor for space.com here in studio. nice to see you again. what is up with that? what's going on? >> the sun is showing its active, sort of angry side. it's got this giant sunspot that

is popping off -- bill: these aren't regular flares, they're the size of jupiter and as big as the sun can produce. >> yeah, yeah. so we saw, basically, over the last few days these huge solar flares, they're the top of the richter scale that the sun actually has for these events. and it just came one after another friday, saturday, sunday. in fact, there was one yesterday, a flare just this morning too. bill: is there a reason why? >> well, the sun is, it has a weather pattern just like earth, and it takes 11 years to do it, and we're in the tail end of the really active part of that schedule now. so you expect to see sun spots like this giant jupiter one that we have there now, you expect to see more intense flares during that time frame. bill: when we talk to you folks you say, hey, this is the thing you have to worry about because this could knock out your iphone and your gps, and then we're all -- >> yeah. and what we saw from this one here, this giant sunspot is that

it did create strong radio blackouts. they were temporary when they happened, but we did not see the major kind of interference -- we didn't see that. so i think we kind of dodged a bullet with this one. bill: you do? dodged a bullet? >> yeah. you can think a huge eruption of material that usually comes with these flares, we didn't see a lot of that with these activities. if one of those had been aimed right at the earth, we would see the effects a couple days afterward, and it could be an interesting event. bill: you could see this from the roof of your building in lower manhattan. >> that's right. bill: how's that possible? >> you can buy them just by the dozen, we have these solar eclipse glasses. you dodo not want to look at the sun with just sunglasses because you can really damage your eyes. eclipse glasses, solar filters on telescopes, that kind of thing, you can safely look at the sun. we looked up. you could see it with your own eyes, this black dot on the lower right-hand side of the

sun, and it was amazing. bill: you do this for a living. have you been able to see that before? >> you know, it's the first time that i've ever seen anything like that. i've looked at the sun through binoculars with filters and with clip to glasses but never actually seen a sunspot like that before. bill: i'm feeling the big one's coming, i don't know if it's now or 1 00 years from now. >> we've got a lot of spacecraft watching it just so we can be prepared. bill: thank you. tarik from space.com. martha: who will gain control of the senate over the next week, and who has the momentum as we head into this final week? scaffolding all over capitol hill, but what's going on inside? we will tell you when we come back. (receptionist) gunderman group. gunderman group is growing. getting in a groove. growth is gratifying. goal is to grow. gotta get greater growth. i just talked to ups. they got expert advise, special discounts, new technologies. like smart pick ups. they'll only show up when you print a label

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>> amazing discovery off the coast of italy discovering cargo from shipwrecks dating back to ancient greece. they found a pile of urns used

to move olives and wine. that is very cool. wow. we leave you with that. wonderful diving footage. thanks for being here everybody. we'll see you back here tomorrow. jon: exactly one week away now from the crucial midterm elections. republican confidence is growing that they can take over the u.s. senate but with incumbents in both parties facing very close races nothing at all is certain. have you heard that before? welcome to "happening now." i'm jon scott. shannon: i'm shannon bream in for jenna lee. "real clear politics" lists nine senate races too close to call as well as 23 house contests and 11 governorships but a key issue in all of this, voter anger. according to a new cnn-orc poll, 30% of the americans are quote, very angry about the direction of the country. 38% are somewhat