goals this year. and then move on. we'll continue to monitor what's going on over at the white house briefing. i'll be back, 5:00 p.m. eastern in "the situation room." "newsroom" continues right now with brooke baldwin. >> for some reason, democrats and republicans are patting themselves on the back today. giving standing ovations. when in reality, all it did was leave americans in a cloud of uncertainty. what the next three months means for you. i'm brooke baldwin. the news is now. under attack, a cnn exclusive. chilling video from inside the mall where terrorists murdered without warning. >> told him that michelle was a [ bleep ] and that she had drowned while not admitting to the murder, told him that authorities could not prove the case against him. >> opening statements in the trial of a doctor accused of drugging and drowning his wife.

plus, one woman tells college women, stop getting drunk. now her message is taking heat. and should kathleen sebelius lose her job for the disastrous rollout of obama care? hi, there. i'm brooke baldwin, back from washington today. back in cnn studio seven, and the u.s. economy avoided a potential disaster. folks, it's back to business. yes, i'm happy to report at this moment the government is open. yes,ed workers are returning to the job today, and yes, the debt ceiling has been raised. but guess what? you know the deal. it's not permanent, so get ready to do this all over again. >> is this going to happen all over again in a few months? >> no. >> maybe some laughter there,

but the president seemed pretty confident that things will turn around ahead of the next showdown, the next deadline, giving my colleague brianna keilar, her voice you heard, giving her a defiant no last night, and today, the president's message to congress was clear. make sure it doesn't happen again. >> now, there's been a lot of discussion lately of the politics of this shutdown. but let's be clear. there are no winners here. these last few weeks have inflicted completely unnecessary damage on our economy. we don't know yet the full scope of the damage, but every analyst out there believes it slowed our growth. those of us who have the privilege to serve this country have an obligation to do our job as best we can. and we come from different parties, but we are americans first. and that's why disagreement cannot mean dysfunction.

it can't degenerate into hatred. the american people's hopes and dreams are what matters, not ours. if you don't like a particular policy or a particular presid t president, then argue for your position. go out there and win an election. push to change it. but don't break it. that brings me to one last point. i've got a simple message for all the dedicated and patriotic federal workers who have either worked without pay or been forced off the job without pay these last few weeks including most of my own staff. thank you. >> so, what happens now as the clock ticks toward january when a possible government shutdown looms and february as well when the debt ceiling will again need to be raised? that's up to this bipartisan committee.

specifically these two people. take a good long look. you're looking at senate budget committee chair patty murphy and house budget committee chair paul ryan, a republican in charge of this conference committee, this sacred middle ground. and they met already today over breakfast. eyeing those deadlines december 13th. that's when they have been told to come up with this long-term plan for taxes and for spending. one that should have been done months ago. one that finds common ground between the house's budget proposal and that of the senate. so joining me now from houston, a face we know well from previous partisan blow-ups, he was right in the thick of things in many of these and was such a ferocious fighter, his own republicans called him the hammer. here he is, tom delay, house majority leader from 2003 to 2005. also served as republican whip under speaker newt gingrich. congressman tom delay, nice to see you. welcome. >> thank you, brookes. thanks for having me.

>> we hear a lot of soul searching from within your own party. we're seeing republics pointing fingers. republicans licking wounds today. so let me tick through, if i may, some of the quotes here. first up, this is from your old friend, grover norquist, speaking about republican hardliners. this is what he said, quote, they hurt the conservative movement, they hurt the country's economic situation, and they hurt the republican party. next, this is representative thomas massey, kentucky. he says in return for shutting the government and causing a near default, republicans got a goose egg, nothing. senator roy blunt, missouri, quote, the only reason why the democrats don't look terrible is we look even worse. and just one more if i may, from speaker john boehner. we fought the good fight, we just didn't win. so tom delay, did your party lose this one? >> well, they did lose. unfortunately. they put up a good fight.

i appreciate everyone that voted against the deal yesterday. and stood up and fought. unfortunately, they didn't have enough votes to carry out the fight and win. they could have won if they had stopped the deal yesterday and kept the government closed and the looming debt ceiling. unfortunately, they decided not to and decided to fight another day. i just hope the fight on the next time they fight in january or february is a true fight and one that they fight to win. >> i want to talk strategy here. and if they want to continue with the same play with you in a minute, that's interesting what you just said, but when you look at this, and i was on capitol hill yesterday, and looking at the republicans and democrats, both parties took a beating in the polls, but specifically republicans have hit an all-time low approval rating at 24%. this is a poll by abc and the

wall street journal. do you think it was the shutdown and the debt ceiling debacle, the fight that is the reason or is it something else? >> first of all, brooke, most of these polls are run to push the media's narrative. >> i have no narrative, sir. i'm just right in the middle, just asking the question. >> i'm not attacking you, brooke, but we saw how the media completely trashed ted cruz and others, trying to fight for what their people believe in. and these polls are static. they're not dynamic. politics, when you're in a fight, people just don't like the fight. so they're going to respond negatively. it's who wins and comes out of the fight that has long-lasting effects. and i got to tell you right now, out here in the real world, outside of new york and washington, d.c., these people think ted cruz is a hero. they think that those republicans in the house are

heroes. and they think that obama is destroying this country. and what they saw yesterday is more destruction of this country by obama. now he's going to add another trillion dollars to the debt after he's already raised $6 trillion on the debt. and then lying to the american people this morning, saying his deficits are coming down faster than in history. his deficits are a trillion dollars a year. we used to burn down the capitol when the deficits were $250 billion. >> i hear you on the numbers and i want to have hope that the bipartisan conferrees can come up with something. since you bring him up -- hang on, hang on. ted cruz, will you humor me, congressman? because i would like to run through a couple names and i want one word answers. so let me give you this first name. you brought him up, ted cruz. >> i'm not going to give you

one-word answers. that's not fair. >> then elaborate. you can elaborate. >> ted cruz is a leader. people in this country for years have been begging for leadership, and ted cruz filled the void of leadership. and he took on the democrat senate and he took on the president, and he took on a bunch of republican senators. >> do you see him as the leader of the republican party right now? >> i think he's one of the major leaders of the republican party right now. i definitely do. >> what about president obama? a couple words for him. >> arrogant in chief. his statement this morning was the height of arrogance. and incompetent. the president is incompetent with obama care. he can't even roll out obama care. he's incompetent by enforcing on this country something that they don't want.

he's incompetent in his foreign policy. he's just an incompetent president. >> what would you give up, tom delay, in this next fight here to try to reach some kind -- so we're not governing by crisis, if you were in the thick of things? >> well, governing by crisis, that's not the right term. >> it's a term i heard from a republican congressman this week when i was in washington. just quoting her. >> i don't agree with them. you fight for what you believe in. and you stand on principles. if that creates a crisis, so be it. you don't give in before you even get started. when you get started, you stay strong. that's what obama did. obama said, i'm not going to negotiate. i want a clean cr and i want a clean debt ceiling and i'll shut down the government to get it. and he stood strong, and he got it. and unfortunately, the american people got it, too. they got the shaft. >> what about just quickly the

future of the tea party? where do they stand next election? >> i think you're going to see the future of the tea party in the upcoming fight that this agreement has set. >> in 90 days? >> they're gearing up again, and they're going to come after him. that's what should happen. republicans should regroup and come out fighting, and be on offense. and not be on defense. they need to develop a game plan, getting ready for january and february's fight. and they need to take this out of the beltway and they need to go to the american people and convince the american people that if they'll stand up and shout out to the people that represent them, things will be different. >> so even though you said at the top of this interview that they lost, you say, and i'm just using a football analogy, they should run the same play in 90 days? >> no, i think they need to learn their lesson about what

just went on for the last two weeks. gear up, do better, get a better game plan, and go on offense. >> okay. congressman tom delay, i appreciate it. thank you very much for your perspective. >> thank you, brooke. >> coming up, the calls are growing louder for president obama to fire kathleen sebelius over the disastrous rollout of obama care. we'll discuss that. also, a cnn exclusive, the first chilling video. this is from inside that mall where terrorists took hostages and killed shoppers in cold blood. coming up next, i'll talk to a former hostage negotiator about what you see in this exclusive videotape about the behavior of the gunmen themselves. stay here. how much protein

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kenya, and the images are absolutely chilling. much of the video, i want to warn you, is tough to watch. definitely not suitable for kids. if you have little ones in the room, get them out. it is important, though, to show the depravity of the terrorists, their total indifference to human life. their lack of hesitation in ending it all together. we have been going through hours and hours of this video. today she reports on what we have learned about the horrendous saturday less than one month ago. >> shoppers at westgate mall. this is the scene moments before the al shabaab attack. suddenly, men, women, and children begin to run for their lives. this man on the floor thought he had found safety. wounded, he gathers the strength to try and crawl for help. another gunman returns. without mercy.

the security camera spotted two other attackers making their way to the top parking lot. walking towards the children's cooking competition held there. just beyond the camera's view. they open fire. this edited silent video obtained by cnn shows what happened during the attack in nairobi on september 21st. as the attackers go through the mall, you see people desperate, trying to run and crawl to safety as bullets streak by. a body on the floor gets barely a glance, and another bullet. this is only a fraction of the surveillance video recorded during this day. most of it too horrifying to broadcast. in the supermarket, the hostage roundup has begun. a mother and her two children push an injured child in a shopping cart. a teenage girl follows, her

hands in the air. she's bloody. a gunman points the way. kenyan authorities say they closely watched the security cameras as the attack was happening. the hostage takers are spotted on the phone. authorities believe they are receiving instructions from outside the mall. here, one of them even appears to look for surveillance cameras. only four attackers are seen in the video. there are long periods of time where they appear almost relaxed. at one point, the attackers take turns for prayers. elsewhere, at a mall restaurant, a western man gun in hand, in what appears to be a plain-clothed kenyan police officer, take position to try to protect the staff and customers ca cowering behind a counter. this was just the first day of what would become a four-day nightmare for kenya.

cnn, nairobi. >> of all the video you saw, i am happy to report at least, remember seeing the mother, she was pushing that cart with those children? there they are. she was seen in the surveillance video, including the teenage girl. they're okay. they were released by those terrorists. but the siege that went down inside that shopping mall for four long days with some shoppers held hostage, amid gun battles between the terrorists and police, this brazen terror strike still raises questions about what are soft targets, public places with little security. i'm joined by wallace, and first, you sat here and watched this. just your impressions of what we saw. >> well, right off the bat, it was the theater of terror. you know, this was a typical terrorism attack, planning a soft target, going into the mall, gettingies many people as

they can get. their objective is money, manpower, and media. they got their point across easily. if you look at the whole pick dhr and everything that took place, it falls into what the hostage situations are. the first ten to 30 minutes of any hostage situation is what we call panic reaction. that's what took place. the hostage takers are looking for a place where they can be comfortable. the military and the police are looking for cover and containment, and the hostages are running around, trying to find cover. it's fight or flight. >> i'm curious because you mentioned media. something we noticed, i don't know if you saw this. the gunmen, they're sign loeen g up at the ceiling, talking on the phone, maybe to their partners on the outside, perhaps people following the news, relaying the reports on the inside. is that possible? >> absolutely possible. you know, keep in mind, way back, remember the olympics that happened when israel -- when the terrorists came.

the munich olympics. the theater of terror. the hostage takers were the stars. the police and army and hostages were the co-stars, and the world was the audience. this is the point they wanted to get across to the world. and this took days. and they didn't care. keep in mind, if they get killed, they are martyrs. so they win one way or the other. but in the situation like this, there are steps that can be taken. >> what do you do if you find yourself inside? >> well, if you find yourself, you have been taken hostage, one of the most important things, number one, you treat the hostin taker or takers as royalty. number two, if you have any type of medical problems, let the hostage taker or takers know because they don't want a sick hostage. they want people they can use. they don't want someone who's going to die on them and another charge added to them. the other thing, speak when you're spoken to. >> they're thinking about charges? sorry. >> what i'm saying is another

situation could happen where they're going to be charged for that particular incident. >> okay. >> the other aspect of it -- >> just quickly. >> just treat them like royalty. and if a dynamic entry is made by the military or police, hit the ground. stay low. >> wallace, thank you very much. coming up next, the frantic search for two convicted killers on the run. find out how prison officials were duped into letting these killers walk out of prison. we're on the case. plus, the debt deal may be done. the fight, though, continues over obama care. technical glitches have led to bad press. one question some critics are asking health and human service secretary kathleen sebelius, should she be fired? ñe

two florida killers are on the loose. and a prison officer freed them by mistake. joseph jenkins and charles walker strolled out of a florida panhandle prison on separate days. jenkins on the left sides of the screen was freed last month.

walker frees october 8th. but in both cases here, forged paperwork duped prison officials into thinking the men's sentences had been reduced. both men are from orlando and authorities believe the killers may have returned to their hometown. orlando police are warning people to be on the look out. >> a doctor accused of killing his beauty queen wife of nearly three decades went on trial today in utah. dr. martin macneill is charged with murder and obstruction of justice in his wife's death six years ago. she was found dead in a bathtub in the family home. >> what's wrong? >> my wife's fallen in the bathtub. >> who's in the bathtub? who's in the bathtub? >> my wife. >> okay, is she conscious. >> she's not. i'm a physician. i need help. >> sir, i need you -- sir, i can't understand you. can you calm down just a little bit? >> i need help. >> is your wife unconscious?

>> she's unconscious. she's under water. >> could you get her out of the water? >> i can't. i just let the water out. >> she's under the water? >> she's under the water, i need an ambulance. >> is she breathing at all? >> she is not. >> prosecutors say macneill, whose voice you just heard, gave his wife a deadly dose of drugs after forcing her to get a facelift and then drown her. macneill said he may have accidentally overmedicated her, but a short time ago, prosecutors inferred he killed his wife and mother of eight because he wanted to be with his miserous. want to play you this clip. before i do, have to warn you there's a bit of foul language here. >> she will tell you that their sexual relationship resumed soon after she came into the macneill home. the older macneill daughters were frustrated with gypsy willis as the nanny because of concerns of an affair.

he told another inmate that michelle was a bitch, had drowned, and similarly, never denied or admitted to killing michelle, but stated that things happened and law enforcement could not prove the case against him. >> cnn legal correspondent jean casarez joins me now from outside that courthouse. so jean, we had opening statements today. run through each side's strongest points. >> well, i would say the prosecution, their theory is here that dr. macneill had a plan. it was a plan to push his wife to get a full facelift, and when she's all bandaged up when she comes home, to force her to take pills that would ultimately kill her. prosecutors say he went to a plastic surgeon, asked for more medications than you would normally get when someone has a fa facelift, and that first night after she came home, told daughter alexis, go to sleep, i can take care of your mother. the next morning, alexis found her mother, almost incoherent,

later that day, michelle said he just kept forcing me to take pills that i threw up. ten days later, she was found unconscious and unresponsive in the bathtub. as dr. macneill was trying to perform cpr on her, he was also yelling and screaming over her body. >> why did she have the surgery? why did she take all those medications? i told her not to do it. i'm a doctor. she's dead. i have been a bishop. i paid tithing. and this is the way you repay me? >> and the prosecution also said that during the surgery and during the funeral, that dr. macneill was texting his girlfriend, gypsy willis, numerous times. a girlfriend that then would move into the home as the nanny. the defense countered that by saying, dr. macneill made a lot

of very improper decisions, and we will not counter that he was eccentric, but there was not one expert in this case that determines conclusively that this was a homicide. as far as what killed michelle macneill, it had nothing to do with her husband. >> what you will hear, ladies and gentlemen, while there are some disagreements among the medical examiners in this case, they all three agree on one thing. they agree that michelle's heart disease was either the cause or the contributing cause to her death. >> brooke, the prosecutors want to bring a bathtub into the courtroom because they want jurors to be able to see exactly how witnesses found the body of michelle, which counters that of which her husband says. >> wow, jean casarez, we'll be following this trial right along with you in utah. thank you. and from the get-go, the

obama care website has been plagued with problems. now, critics want the person in charge to go. >> and yet, secretary sebelius is not shooting straight with the american people. the system is crashing. >> we'll talk about that today. also, some terrifying moments for some students this morning after a man hijacked their school bus. leads police on a wild chase. the whole thing caught on camera. don't go away. i'm beth... and i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. ink from chase. so you can.

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well, congress may have reached a deal on the shutdown and the debt ceiling for now, but the battle over obama care is not over. some republicans say enough is enough with all these glitches on the website. they want the woman in charge, they want health and human services secretary kathleen sebelius to step down. >> i'm calling on cath ln

subilious subil sybilebelius to resign her post health and human services. she's had three and a half years to launch obama care and she has failed. the american people should not have to tolerate the chaos of the exchange or the ill effects of obama care for one more day. they're already suffering the economy. in sports when a team has a losing record and stakes are high, the team owners demand a new coach. >> senator roberts is not alone. also calling for sebelius to resign is "crossfire" host and former speaker newt gingrich. so to washington we go to brian todd, inside on capitol hill right now. brian, just in terms of the calls for the resignation or this firing, how is sebelius, how is the white house responding to that? >> brooke, we have been after them about that all day long. we've been calling sebelius's offices, exchanging e-mails with them. they're not responding specifically and formally for calls for her to resign, but they're referring us to comments

made two days ago by white house press secretary jay carney when he was asked about pressure on sebelius, and here's what he had to say two days ago on that. >> the secretary does have the full confidence of the president. she like everyone else in this effort is focused on our number one priority, which is making the implementation of the affordable care act work well. people are working 24/7 to address the problems and isolate them and fix them. when it comes to the website and enrollment issues. >> and there's another call for secretary sebelius to resign, that from john fleming, a republican member of the house from louisiana. a physician himself, and he is circulating a letter to other house members which he says has some support right now, to president obama, calling for him to call for her resignation as well. but no formal response right now, brooke, from kathleen sebelius' office today. >> thank you.

frightening scene this morning played out in front of the cameras. a knife-wielding man hijacks a school bus with students onboard. we'll show you the pictures and tell you what happened, next. life with crohn's disease or ulcerative colitis is a daily game of "what if's". what if my abdominal pain and cramps come back? what if the plane gets delayed? what if i can't hide my symptoms? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation?

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talk about frightening. an arkansas man hijacked a school bus this morning with nearly a dozen grade school kids onboard, and this whole high speed police chase was caught on tape. here it is. nearly 40 police cars. you'll see them here, following the bus in a second. they were involved in this ten-mile chase just outside of little rock. authorities say there were 11 children on the bus. thank goodness not a single one was injured. police eventually stopped the bus and arrested this guy. they say before he hijacked the bus, he tried to carjack a woman at knifepoint.

>> and newark mayor cory booker headed to washington. he will be the next u.s. senator from the state of new jersey. booker, a democrat, defeated republican steve lonegan in a special election yesterday. he is new jersey's first african-american senator. and he is fired up about getting to work. >> when no matter who you love, gay or straight, still are treated equally under the law, you know there's work to do. when you could have a full-time job in america and work with honor and dignity but still live in poverty, you know we have work to do. >> just a short time ago, during a meeting with italian prime minister, a reporter asked president obama if he picked up the phone and called booker to congratulate him. >> i didn't. i think he's going to do a great job. >> booker becomes the first african-american elected to the u.s. senate since barack obama

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let me tell you what a lot of people are talking about today. there's a new article at slate.com that the author author says is about protecting college women from rape, but if you read the criticisms, and there are many, they're saying it actually blames them for it. it is called, college women, stop getting drunk. it says, quote, a misplaced fear of blaming the victim has made it somehow unacceptable to warn

inexperienced young women that when they get wasted they're putting themselves in potential peril. this has brought out a lot of backlash. here one of hundreds of comments we saw on the website. quote, there is so much wrong in this article, it hurts. being drunk does not make you more likely to get raped. being unfortunate enough to encounter a rapist, drunk or not, does. if we weren't on the bloody internet, i would think this was written in the 1950s. so we went straight to the source, to the author here. the slate contributor, emily. so welcome. >> nice to be here, brooke. >> i want to get to the crux of your argument here in just a minute, but first, the backlash. i know you saw this coming. you were pretty clear, even in your piece. but the comments, the hate, the vi vitriol against you, were you surprised by all nat? >> i was surprised by the vehemence because on some level, it's a very banal and obvious thing to warn people, getting

blind drunk could lead to bad things. the comment you pulled out, i really have to disagree. studies very clearly show that 70%, 80% of rapes that occur on college campuses involve alcohol. often, the victim is extremely intoxicated and she is not aware of her surroundings and is not in a position to say no. >> so your message is what? >> my message is, the culture of binge drinking is hurting everyone, young men and young women, but women are at particular risk because there are certain types of sexual predators who seek out intoxicated women. they don't have to put knives to their throats or twist their arms. they take them by the hand and lead them back to their dorm rooms or apartments or bedrooms at frat houses and these women get rapes. >> so then why not -- i hear you loud and clear.

i went to college. not nice things can happen in college. can be very fun and very dark at the same type. some crit kicism, why aren't yo just focusing on the men. why just focus on the women? >> well, i made very clear about how dangerous binge drinking culture is for absolutely everyone. a lot of people said, why wasn't your article, "tell men not to rape." i think that's a great message, men, don't rape. however, this weekend, there will be young women who get very drunk and have sex they didn't intend to have. so we don't live in an ideal world where every man has not gotten that message, and we never will. there always will be sexual predators and i want there to be fewer female victims. >> emily, you have a daughter heading to college this fall. what is -- >> next fall. next fall, if she gets in.

>> just 30 seconds, what's your advice to her? >> i said, even though i know it will be illegal, i know there will be drinking, and you will drink. sip, no shots. no punch bowls. keep your wits about you. and you will be able to say no to people you want to say no to. >> emily yoffe, words from a mom. i appreciate it very much. thank you so much for sharing that. >> thanks for having me on. >> up next, the video that a lot of you asked me about. >> this is how we get our information, really all day long. >> you chase them down. >> we're not allowed to have cameras beyond where we are now. we're pushing it a little bit. >> our chief chaser, dana bash, gave me a behind the scenes tour. i spent my day in the capitol. this moment right after the deal was announced to extend the debt ceiling and reopen the government. more of what you didn't see behind the scenes next.

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with all this political in fighting over the past couple days, past couple of weeks, you can imagine the chaos playing out inside the nation's capitol. yesterday, i spent hours and hours inside the capitol, got this whole behind the scenes tour. moments after that senate deal was announced from our chief congressional correspondent, dana bash. watch. >> we're in what's called

statuary hall. you can see why. >> aka, stat hall. >> stat hall, and we just came from the senate side over to the house side. right here behind us, we're limited in where we can go with cameras, but this is where we can be. right around this corner is where john boehner's office is. so much action happens here. you see the reporters lingering and loitering in the hall way. so much time, deirdre walsh, myself, ted barrett, spent sitting in that alcove over there because we want to know who's coming in and out of his office because they have the leadership meetings and decide what is going to happen in the house. >> it's incredible for me to see and the viewer who doesn't know the inner workings like you do, to see the close proximity between the leader's offices. >> you would think they would talk to each other. they don't need a telephone, they don't need twitter. they could go knock, knock, knock. >> so old school of you. welcome to theuber glamorous basement of the u.s. capitol. dana bash, lovely wiring. a lot gets done in the basement.

>> so much gets done here. behind those doors, that is where house republicans have their meetings. so much of the roller coaster that we've seen -- >> what roller coaster? i don't know what you're talking about. >> on the debt ceiling and the shutdown, has been hatched in those walls. that's where all 233 members meet like pretty much every day at this point, multiple times a day. what we do as reporters, usually, these hall ways are completely filled with cameras, with us, with everybody trying to figure out what's going on. so members of congress come out of these doors or another door to this room, which is around the corner and we try to talk to them and say, what happened in the meeting? again, we have access to the principals. we're not talking to somebody who is six people removed from the room. we're talking to people from in the room. >> there was a little moment with michele bachmann where we were walking briskly down the hallway. >> this is the bachmann basement corridor. >> she was coming out of one of

those meetings and we were discussing some remarks she made, walking extremely fast in this corridor. >> this is where it happened. >> and so many of our interviews happen when we are getting the latest about all of the fast-moving stories. >> a lot othis, a lot of senator, senator. thank you for all you do. we'll see you on tv talking about a deal. >> talking about a deal, dana bash and crew, thank you very much. coming up, the top five factors to insure congress doesn't have the same fight again in 90 days. don't miss that. plus, it is a stora you will never forget. a teen-aged orphan stands up before a church congregation and asks for someone to adopt him. wants to be part of someone's family. you will meet him next. [ woman ] the chevy cruze offers an epa estimated 36 mpg highway? that's crazy! crazy efficient. ten standard airbags? and you get stabilitrak with traction control! that is like, crazy protection! this interior is...

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trouble with breathing, fast heartbeat, or sweating. flexpen® is insulin delivery my way. covered by most insurance plans, including medicare. ask your health care provider about levemir® flexpen today. a florida boy just 15 years of age shows just exactly how wise he is. let me quote him for you. i know god hasn't given up on me so i'm not giving up, either. now it seems like the whole world is cheering for him and his quest to find something many of us take for granted. a family. he was born in jail, grew up in foster homes, he wants a family so badly, he put himself before a church congregation to make his case last month. this whole thing, his idea. his case worker says news that his birth mother died ended his

dreams of reuniting with his birth family, but it also started a transformation, she said. he improved his grades, lost weight, gained the courage to say this, i'll take anyone, old or young, dad or mom, black, white, purple, i don't care. and i would be really appreciative, the best i could be. the adoption agency handling the case says it has received more than 300 calls, e-mails, and inquiries about him, coming from all around the world. some people are asking about adopting him, here is hoping he finds that mom or dad or both. we will keep you posted. question, why is this man smiling today? ted cruz lost a big fight, so how does this change his party's strategy as congress gets ready to do battle yet again? i'm brooke baldwin, the news is now. >> the defend told him that

michelle was a [ bleep ] and that she had drown while not admitting to the murder, told him that authorities could not prove the case against him. >> opening statements in the trial of a doctor accused of drugging and drowning his own wife. nancy grace joins me live. >> [ bleep ]. he's checking me out. whew. >> oh, my god, right under the board. >> a paddleborder's close call with a shark. >> plus -- >> i think because it was football players from merrillville, had a lot of power and connection, and be didn't matter. >> a new twist in the case of a teenager who says she was raped. and -- >> a big-time hollywood director attacked on the set of the new transformers movie. we're on the case.

and here we go. hour two. i'm brooke baldwin. great being with us. $24 billion, that's how much the last 16 days have cost the country's economy. this is all according to standards and poors. so what was it all for? considering this deal, which has ended the government shutdown and now raised the debt ceiling, it isn't permanent, let's keep in mind, 90 days. that's all we have until another possible government shutdown, until it looms. and then one month after that, when the debt ceiling will again need to be raised. the president's message to congress today is crystal clear. make sure it doesn't happen ever again. >> now, there's been a lot of discussion lately of the politics of this shutdown. but let's be clear. there are no winners here. these last few weeks have inflicted completely unnecessary damage on our economy. we don't know yet the foull scoe

of the damage, but every analyst out there believers it slowed our growth. those of us who have the prfrbolog to serve our country have an obligation to do our job as best we can. we come from different parties, but we're americans first. that's why disagreement cannot mean dysfunction. it can't degenerate into hatred. the american people's hopes and dreams are what matters. not ours. if you don't like a particular policy or a particular presid t president, then argue for your position. go out and win an election. push to change it. but don't break it. that brings me to one last point. i've got a simple message for all the dedicated and patriotic federal workers who have either worked without pay or been forced off the job without pay the last few weeks, including most of my own staff.

thank you. >> and now, a sign of the beginning of progress. take a look at this photo op. you might recognize some of the players there. on the far left of the screen, jeff sessions, republican senator. then you have on the far right, democratic congressman chris van hollen and the two in the middle, the leaders here, democratic senator patty murray and republican congressman paul ryan on the budget committees and now that the feat of the country's economy is in their hands, you're looking at them, key members of this conference committee. they call them conferees eyeing their own deadline. we have a calendar, december 13th. take a look. this is when they have been told to come up with a long-term plan for taxes and spending. the house and senate, something they can agree on. another date to remember, january 15th, a lot of daetsz, a lot going on in washington. that's when the government is to

exhaust its money again. you say why so soon? well, it's actually by design, to keep the budget ntd the numbers it's running right now, seek long-term agreement on taxes and on spending, and then lock that in mid-january. the big "if" being, can democrats and republicans come together on an agreement, thus the "if." a.b. stoddard and ryan litszza, good to see both of you. we asked both of you to come up with these lists because we like lists. so a.b., i want to begin with you. we asked for you to come up with these three things, three things necessary to avoid another crisis in january. so let me run through your list. you said constant negotiations involving both sides. you said a commitment to tax reform. and also to medicare reform. do you think they'll get those things or do you see another crisis in 90 days? >> all right, well i think it

will be very hard to avoid stalemate, but i think stalemate is bad for both parties. i think it's terrible for the rest of president obama's presidency. he's not likely to see a democratic house in 2015. and it's time to work with republicans. so no more talk about people not negotiating. you heard house speaker boehner saying month ago he would next negotiate one-on-one with the president ever again. you heard the president say he's not going to negotiate over the debt ceiling. everybody has to negotiate now to avoid another stalemate. everyone on both sides has to continue to talk in good faith, repeatedly. that's the only way to get past the breakdowns we've seen of the simpson-bowles and the gang of eight and the gang of 12, and the biden commission and all the commissions the city is littered with that failed to come up with a resolution. the mutual goal of both parties is to change the sequester cuts. to do that, you need to find more money. the only way to find it is through tax reform and entitlement reform. >> i like your adjective,

constant negotiations. lizza, to you. >> a very similar list. >> similar list. you're agreeing. republicans need to agree to higher taxes, democrats need to cut medicare, and public opinion, specifically for republicans. you know, with craters. go ahead. >> let me explain myself. >> explain yourself, ryan lizza. >> this is now the ninth committee conference gang that has been put together since january of 2011 when house republicans took -- republicans took over the house. >> wow. >> and why did the eight previous ones fail? a lot of reasons, but at the heart of it is democrats want more revenue, more taxes. republicans don't. and they have never been able to agree on any formula that unties that knot. so the deal that's been on the table for the last three years is a trade of entitlement cuts and tax hikes.

a couple of things now that have changed. the deficit, people don't realize this, but the annual federal deficit has come down. and it has come down a lot. >> president mentioned that today. >> you'll be hearing that a lot because it was 10% of gdp, the best measure as a merpercentage gdp, now it's 3%, where most economists think it's a manageable level. that's not a big problem. that takes a lot of pressure off a deal, right? because the whole deal was being driven by high deficits. i think a lot of democrats say, you know what? deficits aren't so bad. we don't want to cut medicare and social security. and a lot of republicans are going to be back in the corner of, we don't want to give on revenues. i hate to be pessimistic, but it's hard to see where the pressure for a deal is going forward with this ninth committee. >> i'm naugot reeding much abou grand bargain these days. final question to both of you, the president, how does the president emerge from all this,

a.b.? >> i think the president was the winner because he just lost less than the republicans did in this battle. >> lost less? >> yes. >> good way to put it. >> exactly, i think he, though, he is going to have to step it up. and i think he's going to have to show the american people he's willing to try to use his leadership as president to get us through the next impasse and break the stalemate and try to come up with some kind of deal. it doesn't have to be grand. it can be small, but it needs to be something bipartisan because without getting through the fiscal hole, there is no immigration reform, no energy reform, no education reform, anything that both parties have an interest in, and i don't think president obama, like i said, can have a good productive rest of his presidency unless he gets through the fiscal hole. >> ryan lizza on the president. >> i think nobody won this thing. this was a disaster for everyone, but at the end of the day, politics is a zero sum game. as a.b. said, the republicans certainly lost more than obama

did. look, going forward, it may be the case that a bigger, grander bargain is easier than a smaller bargain. the more moving parts in these things, sometimes the better. if you look back to 1997 when bill clinton and newt gingrich cut a deal, that was a big deal of just trades. you know? the republicans got a few things and democrats got a tfew things. in some ways, they were idealogically mutually exclusive. maybe they could come up with something like that. >> maybe, maybe. we'll see. ryan and a.b., thank you both very much. coming up, a missouri teenager claimed she was raped by a high school football star. she says charges were dropped because he's from a prominent family. but the prosecutor here is fighting back. he maintains she is to blame for the move and now we're learning about another twist in that case. we'll have that for you. also, want you to take a look at this video. first you have a school bus and then many, many police officers

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an unwanted light is now

shining on this small town amid an allegation of rape involving the football player's son local 14-year-old girl left on her lawn in the did of night in freezing weather. more than a year after the charges against this alleged rapist were dropped, they reopen the case. >> i was more than excited. i thought i was going to be able to work with someone who was excited about this case and willing to put forth a real effort. >> alleged sexual assault victim daisy coleman and her mother say it's a small victory to have their case reopened. >> i have asked the court to appoint a special prosecuting attorney to conduct an independent review of the facts and determine whether to refile charges. >> for the first time, the man at the center of a controversial case is speaking out. prosecutor robert rice, under fire after dropping charges in

the alleged sexual assault of 14-year-old daisy coleman. while now asking for a separate review of the case, he stands by his actions, claiming daisy and her friend paige, another alleged victim, refused to testify. >> i can't go into their minds. i don't know. i can just tell you this. we were very careful, very deliberate to make sure that we recorded that there was no misunderstanding that they understood at that time invoked their fifth amendment right, that by doing so was going to force the dismissal of the case. >> the coleman family believes rice dropped the charges against 17-year-old matthew barnett not due to lack of evidence but because of his deep rooted ties to the community. >> i think because it was football players, they had power and connection. and we didn't matter. >> matthew is the grandson of longtime republican state representative rex barnett. >> can you understand people's suspicions about that? >> sure, i can understand why

they would think that, but i knew that if this thing drug on very long, i would be pulled into it just for political reason, so i made it a point not to talk to the prosecuting attorney, to the sheriff, any of the witnesses directly or indirectly. and i stuck to that. >> do you have a relationship with prosecuting attorney robert rice? >> we're acquaintances, not close friends. >> rex barnett retired from politics in 2002. rice became prosecuting attorney in 2010. >> anna cabrera reporting there. the mayor of maryville also wants action and a swift resolution in the case. the mayor says he and many others have started to receive threats from supporters of daisy coleman. i want to bring in sunny hostin because i know there are a lot of, you know, questions raised about this case and specifically how it was handled but aren't there just basic facts that

simply are not in dispute? >> that's right. what is so odd about this case, brooke, is it doesn't seem to be in dispute that sexual contact occurred. you have the boy saying, it occurred, but it was consensual. there was drinking involved, but it was consensual. the girl is saying it wasn't consensual. this was rape. so i've got to tell you, in a case like this, it is very odd that they're saying now that the girls refused to cooperate because as someone who used to try sex crimes, especially child sex crimes or crimes involving victims that are very young, you oftentimes try cases where victims are not cooperating for a variety of reasons. sometimes they're traumatized, brooke. sometimes they don't understand the legal process. sometimes they just simply cannot bring themselves to testify. but if the facts in the case are true, or as we have been reporting, that these girls were taken to the hospital and there were rape kits taken, and that means there is forensic evidence

here, and those are cases, quite frankly, that i have tried. >> mm-hmm, and i know with this case in particular, in missouri, a lot of people are already jumping to compare it to what we saw in steubenville, ohio, that rape case involving, you know, a couple of football players and this unconscious girl down to the demands for action by the haktivist group anonymous getting involved. is there a lesson here for authorities in small towns nationwide? >> absolute lay. i don't think only the lesson is for small towns. i think the lesson is for large towns, for cities, and the lesson is that your actions are not in a vacuum. your actions, and you will be on the public stage and you will be forced, forced in the court of national public opinion to explain yourself. and i actually think that's one of the promises of social media and one of the promises of the internet that we're now very much so transparent when it comes to law enforcement and the

law and crime with cameras in the courtroom and tweeting and that sort of thing. and so, you know, sexual assaults, that has to be a priority crime. it has to be. and now these types of cases, these small-town decisions are going to be heavily, heavily scrutinized, as they should be. >> sunny hostin, thank you. a hollywood director attacked on the set of his latest movie. michael bay has directed a lot of huge hits, but today, he's the one telling his story. out of control suspect armed with an air conditioning unit, and cops with riot gear. what? do not miss the rest of the story next. the recent increase in cafeteria prices is not cool. when you vote for flo, we'll have discounts. ice-cream discounts. multi-cookie discounts. pizza loyalty discounts! [ kids chanting "flo!" ]

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michael bay, you know the name? he's the mastermind director behind the mighty "transformer" superhero movies and this hot shot director could have used his big guy, optimus prime in one of the stunt moves when recently on set in hong kong.

here's what we have now learned. bay and his crew were attacked by some people trying to shake them down, and it apparently got pretty ugly. nischelle turner live in new york. nischelle, what the heck happened? >> you know, this sounds like one of his big budget blockbusters that we're talking about. >> it does. >> we're now hearing michael bay's version of what happened. he just posted a statement. he said they were shooting the fourth "transformers" film when some men came up demanding money or they were going to disrupt filming. they said they would play loud music and throw bricks. he said one guy rolled metal carts into some of my actors trying to shake us down for thousands of dollars. i personally told this man and his friends to forget it. we were not going to let him extort us. we goes on to say that the men went away and then they came back carrying what he described

as a long air conditioner unit which they tried to use as some kind of weapon to hit him in the face with. he said he ducked and then security came and two brothers were arrested by hong kong police. they're now charged with blackmail and assaulting a police officer. according to the local police, these guys were demanding money, about $100,000 in hong kong money, which is about $12,000 american. hir here's had capper. these two guys didn't go quietly. according to the police report, several of the officers and one of the suspects were injured, but michael bay said something more dramatic happened. it took seven security guards to bring one of these men down, and here's another quote, he said he actually bit into one of the guards' nike shoes. insane. thank god it was an airmax. the bubble popped but the toe was saved. crazy. >> he said it was like they were fighting one of the zombies from

"world war z" like these guys wouldn't go down. bananas. >> at least they caught the guys, fighting and all. nischelle, good to see you. thank you. >> you, too. >> coming up, president obama talked about politics, the politics really of the shutdown and this whole debacle and had a message for congress, for republicans. coming up next, talking to the host of "crossfire," van jones and e.s.e. cupp. did the president divide the country even more with his remarks today? we'll discuss next. sorry we're late. did you run into traffic? no, just had to stop by the house to grab a few things. you stopped by the house? uh-huh. yeah. alright, whenever you get your stuff, run upstairs, get cleaned up for dinner. you leave the house in good shape? yeah. yeah, of course. ♪ [ sportscaster talking on tv ] last-second field go-- yeah, sure ya did. [ male announcer ] introducing at&t digital life. personalized home security and automation. limited availability in select markets.

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and here we go, near the bottom of the hour, i'm brooke baldwin. you don't like the policy, change it, but don't break it. that was part of the president's message to congress, urging both sides to work together. as we all are watching the clock

tick toward january, and then there's february, too, when the debt ceiling will again need to be raised. >> today, i want our people and our businesses and the rest of the world to know that the full faith and credit of the united states remains unquestioned. but all my friends in congress, understand that how business is done in this town has to change. because we've all got a lot of work to do on behalf of the american people. and that includes the hard work of regaining their trust. there's no good reason why we can't govern responsibly. despite our differences. without lurching from manufactured crisis to manufactured crisis. >> joining me now, two of our "crossfire" hosts, s.e. cupp and van jones. great to see you. >> great to see you. >> s.e., i'm going to begin with

you. i have heard a lot of words thrown out to describe the tone of the president today. to you, my question is, was it a call for bipartisanship or does it deepen the divide even further? >> it was really small, i thought. you know, he talked a lot about the dysfunction in washington as if he's been living in deluth the last six years. he's the president of the united states. this is where he's been. washington is very much sort of his design, even though he came in in 2008 and in 2012, trying to transcend washington politics and change the tone, and sure, he's only one man, and he can't do that alone. but i think he really doesn't ever miss an opportunity to be divisive. instead of an opportunity to be humble. i would have loved to have seen him come in today and say, look, let's reset. let's push the reset button and start over. no one is proud of how we have all acted the past three weeks. let's start over. we have a lot of work to do and

i want to work with you. i want to listen, i want to help. it wasn't there. it was a lecture yet again about how he thinks washington should work and how he thinks republicans should work. >> speaking of working, van, when i heard the president today, he mentioned a lot of things we remember from the state of the union, immigration, the farm bill. do you think that this has been a lost year in washington for the obama agenda? >> well, yes and no. first of all, you did see the exasperation. i wish maybe he had gotten a little more rest so he could come out a little more fresh. >> a little shut eye. >> but honestly, you can understand why you would have so much exasperation given what we have gone through. let me say a couple things. first of all, the president did the country a great service by taking off the table now this kind of crazy crisis to crisis stunts on the part of the worst part of the republican party. he's a man of his word. he said, listen, i will negotiate anything but not with a gun to my head.

he let the tea part y go out there and blow themselves up and now he's going to negotiate, but not with a gun to his head. that's good for the country, good for the republican party. you have a lot of heroes in the republican party now who are willing to be the dwrogrown-ups the room. but let me say something about what has been happening despite all this nonsense. his policy with regard to iran, giving china and russia to stand with him against iran, strangling them with these sanctions has brought them to the table when it comes to epa, when it comes to energy and clean air, he's doing a lot of stuff. we just don't tend to talk about it. >> we'll been talking about the shutdown for the past couple weeks. this is something else, really what the president said that jumped out at me. >> you don't like a particular policy, or a particular preside president, then argue for your position. go out there and win an election.

push to change it. but don't break it. don't break what our predecessors spent over two centuries building. that's not being faithful to what this country is about. >> so he says, and s.e., i'm going to jump to you in a minute, but van, i'm going to stay with you. go win an election. he won his election. the republicans won their elections, too. couldn't the ted cruzs of the world say, hey, mr. president, i'm just doing exactly what my constituents want me to do? >> sure, i think both sides can say that they won elections. here's the problem. beneath all this, there's this growing ideology that says government is bad. america's government is bad. and that we've got to do everything we can, even one of the leaders said we have to get government to the point where we can drown america's government in a bathtub.

really crazy language coming from top lyde leaders in the american government. and he is saying, government is not going to work if we take these extreme positions. he tried to get a grand bargain, and the republicans pretend he never reached out to them and then they do these crazy stunts. i understand when he says, if you love america's government and there's stuff you want to fix, that's fine. but don't become this party you're so antigovernment, you're antiamerica' government functioning, and that's wrong. >> people were polled. there was a pew poll. the question was, essentially the result was when members of congress face a choice in voting what they think is best for the country and voting with their constituents, the stance is they should represent their district. where do you stand on that? >> of course, they should. and let me remind president obama, as you pointed out, republicans have won the house

now, twice as well. these republicans in particular, when you're talking about ted cruz in 2012, marco rubio, rand paul, mike lee in 2010, they ran on a specific set of policy promises, one of which was to do everything they could to stop and end obama care. and i don't recall hearing such a high and mighty message to liberals under two terms of president bush when liberals were up in arms about a lot of policies they didn't like under that president. they tried to impeach him, of course, over those policies. there's always a push-back, and the president seems to be advising people to do exactly what they have been doing. talk about the policy changes you want. that's what they have been doing. win elections. they did, they won two. it seems to be he's talking to an empty suit or a sort of a strawman there because that, i think, is exactly what folks like ted cruz did. you can say that the strategy failed. they did not succeed in defunding obama care.

but the stances they took were exactly the stances he told them to. >> lots to talk about today. you two, thank you very much. we'll be watching "crossfire" at 6:30 eastern right here on cnn. and this ride, have you heard about this? this ride to school this morning turned into a police chase. a bus, a school bus hijacked with kids inside. the pursuit all caught on video. we'll explain how this ended and what we have learned about the man behind the wheel. for over 125 years, we've been bringing people together. today, we'd like people to come together on something that concerns all of us. obesity. and as the nation's leading beverage company, we can play an important role. that includes continually providing more options. giving people easy ways to help make informed choices. and offering portion controlled versions of our most popular drinks. it also means working with our industry to voluntarily change what's offered in schools.

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i want you to take a look at this. hijacked bus here, prompting this chase of police units. one after another after another here. that's because a man with a knife was on board this school bus with 11 young students. police in arkansas tell cnn that this school bus hijacking happened right after an attempted carjacking. nick valencia is here to put the

pieces of this whole thing together. no one was hurt, thank goodness. how did this begin? >> that attempted car jacking happened right next to the school bus. it was at a bus stop. that was told to us by a spokesman for the school convict district. he leads police on this dramatic chase. that tape, that bus whizzing by. it lasted for about 20 minutes. no one was hurt. 11 elementary aged children on the bus. that's how they started their morning this morning, thursday. >> who was this hijacker? >> 22-year-old nicolas miller. he was a church regular. he stopped going to church. you're looking at him there now. according to police, there were past snenlts he's had with law enforcement, but yeah, he had a rough morning, and sort of imparted that on a bunch of other kids. >> the driver of the bus? >> she's the real hero.

she had just undergone hostage training, and she kept this guy calm the whole time. police are saying if it wasn't for the school bus driver, it could have been a lot worse. >> thank goodness for her and those 11 kiddies. thank you very much. and now, the government. the government, as you know, is funded. the debt ceiling has been raised. but did you know that this was in the bill? $2 billion going to the state of kentucky. yep, that's senator mitch mcconnell's home state. he, as you know, helped broker the deal with his democratic counterpart in the senate, harry reid, but some people are outraged by that. jake tapper, anchor of "the lead," is coming up next, and he'll tell us what that $2 billion will be used for. and the strong reaction today from senator mitch mcconnell. people don't have to think about where their electricity comes from. they flip the switch-- and the light comes on. it's our job to make sure that it does. using natural gas this power plant can produce enough energy for about 600,000 homes.

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a doctor accused of killing his beauty queen wife of nearly 30 years went on trial today in utah. live pictures here inside this courtroom. here's the story. dr. martin macneill is charged with murder and obstruction of justice in his wife's death six years ago. prosecutors say that macneill gave his wife michelle a deadly dose of drugs after forcing her to get a facelift and then drown her in a bathtub. macneill says he may have accidentally overmedicated her, but prosecutors inferred he killed his wife and mother of airth because he wanted to be

with his mistress named gypsy. i want to play a clip for you. before i do, a heads up. there's a little bit of foul language you'll hear. >> gypsy willis will tell you that their sexual relationship resumed soon after she came into the macneill home. the older macneill daughters were frustrated with gypsy willis as the nanny because of concerns of an affair. he told another inmate that michelle was a bitch, had drowned, and similarly, never denied or admitted to killing michelle. but stated that things happened, and law enforcement could not prove a case against him. >> nancy grace, all over this case. she joins me in utah. she's all over this one. nancy, let's just begin with what's happen right now. we know this facial plastic surgeon is on the stand. what is he revealing? >> well, he's critical to the case. because this is the attending physician that actually gave michelle macneill that fatal

facelift. she didn't want the facelift. this is what i learned this morning in court. i'm sitting outside the courthouse now. i learned that she was told just before the surgery by this doctor, don't have the surgery. your blood pressure is way too high. she and her husband, dr. macneill, the defendant, and their grown daughter alexis, who went on to medical school and is now a doctor, were driving home. and michelle said, you know, i don't want to do this. i want to put it off until i can lose ten pounds, get in shape, bring my blood pressure down. dr. macneill said at that moment, no, i've already paid for it. it's already set up. we're going forward as scheduled. and i just find that very, very disturbing. can you imagine telling somebody in your family that they're going to have surgery even though they've just been informed by the doctor it could be dangerous? also, we learned the description that the little girl, the

6-year-old child, gave when she came home. her father sent her into the home to find her mother dead. she comes running out. she described her mother as lying in the tub face up. her hair going down the bathtub drain. but dr. macneill gives a very different description of how his wife is found. that's very important. >> we have some of that sound, nancy. we have sound from one of the daughters who says her dad murdered her mother. >> my father orchestrated this whole plan in how to murder my mother. this is someone who i thought loved his family and would do anything for us, and it's horrifying. >> so obviously, that was the older daughter. the defense says medical examiners agree that macneill's wife's heart disease caused or contributed to her death. i'm looking at your face to see how that sits with you.

>> yes. i'm listening. i'm listening. she was determined to have had miocar dieds, which is an inflammation of the heart, but no one says she died of a heart attack or died of a heart ailment. that's like rolling a 90-year-old with a heart condition off a wheelchair off this parking deck and he falls to his death, and you say, his heart contributed to his death. you call that one thing -- one may say half a dozen, one may say six. you say tomato, i say tomato. the reality is that the medical examiner is going to testify she died of drowning. not of a heart problem. that when cpr was being conducted on her by emts, that she continually threw up. it came out of her nose and mouth, red, frothy liquid out of her lungs. that's from the bathtub. that's not a heart attack. >> and with the bathtub, tell

me, who is requesting a bathtub to be brought to court to explain to this jury exactly how this could or could not happen? do you know about that? >> that's really -- yeah, that's really interesting. the state wants the bathtub, and the judge has ruled that nobody can get into the bathtub, so i don't think we're going to see that kind of theatrics in this courtroom, but a dummy will be used because the daughter described finding the body in one position. he describes it in another position entirely, which is impossible to reconcile the two. we recall the little girl said her mommy was face up. her eyes were open, yet she drowned. in the bathtub with the water that deep. now, how is that? face up. she wasn't face down, inhaling the water. how did that happen? and also, i want to point out, i don't know if anybody caught this, as the facts were coming from the witness stand, she was down by the time of her death to

two percocet a day, two percocet a day. that's all she was taking. she told her doctor she wanted to limit her medication, she didn't like to take medicine. when she was found, she had a deadly cocktail of multiple, at least four or five medications in her. how do you think that happened? >> i don't know. we'll watch the trial play out. nancy grace, thank you. we'll be watching you, 8:00 p.m., on our sister station, hln. nancy grace for us outside that courthouse in utah. coming up next, the bill to fund the government and raise the debt ceiling included earmarks. one of them, $2 billion for the state of kentucky. that's senator mitch mcconnell's home state, the minority leader of the senate. that's not sitting well with some. we'll speak to jake tapper about that. he has senator mcconnell's response. it even knows you by name. now it's easier than ever to experience deep, restful sleep with the sleep number bed's dualair technology. at the touch of a button, the sleep number bed

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[ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪ so some conservatives are accusing senate minority leader mitch mcconnell of sneaking a $2 billion, billion with a b, into yesterday's deal to end the government shutdown. the provision would fund a dam, this project, this dam project, in mcconnell's home state of kentucky and also in illinois. senator mccain told the daily

beast quote, these people are like alcoholics. they can't resist taking a drink. it's ridiculous, absolutely ridiculous. it should have gone through the normal legislative process. it's disgusting, end quote. mcconnell has been a chief factor on this project, has requested funds for it in the past so to jake tapper we go, host of "the lead." how is senator mcconnell responding to all this? >> well, he's saying that there's nothing wrong with this project being funded. he did not have any responsibility for that authorization, he says, and he points out that the white house in its budget and the house and senate have all supported this project, but he was rather unapologetic in an interview with a kentucky radio station earlier today. >> there was no earmark. the army corps of engineers requested the lock funding, both house and senate passed an authorization for it. every single member of the senate had a chance to review it

and none asked for it to be taken out. >> now, it's technically not an earmark because an earmark is slipped into a piece of legislation without having been voted on necessarily in the house or the senate, or requested in a president's budget, but it certainly did not go through the normal legislative process and it is unusual that it would be in this compromise to open the government and raise the debt ceiling, and not just in some other authorization. mcconnell's office said look, we had nothing to do with it, talk to the people who were the appropriators for that section of the government, and they are senator lamar alexander of tennessee and senator dianne feinstein of california. they say they did it because ultimately it would save money, because up to $200 million in contracts would not be wasted. so of course, in washington, d.c., it's only in washington can you spend $2 billion to save money. >> $2 billion. jake tapper, hey, nice to be

with you yesterday. thanks for having me on the hill. we will be watching you in five minutes. thank you, sir. >> good to see you. coming up next, we are minutes away from the closing bell. one record could be broken. the day we rescued riley was a truly amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80%

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corporal josh hargiss was presented with a purple heart during this bedside ceremony. here he was in his hospital room. he was injured while serving in afghanistan and while in a neck brace and as you can see, covered in tubes, josh managed to muster the strength to salute. this photo was posted on facebook by his wife, taylor, and josh's father became so emotional that he couldn't hold back the tears. >> i think it was unconscious. i think he was totally out. he just, you know, that's the way he is. he felt it. i'm overwhelmed. i'm overwhelmed that that's my boy, that he could comfort me. yeah. >> overwhelmed, he says. josh's commander wrote in a letter to mrs. hargiss that the salute was the single greatest event he had witnessed in his ten years in the army. how about that. before i let you go, we are

moments away from the closing bell and maybe one record could soon be broken. alison kosik live at the stock exchange with some news perhaps on the s&p. >> interesting, the dow often gets all the love, all the headlines, but today it's the s&p 500 getting the headlines because it looks like it will post a gain that's just big enough to be a record high. you look at the level of the s&p 500 at 1733, it's up about 11 points. we like to look at the s&p 500 even more than the dow, believe it or not, because this is what your funds track, your retirement funds track, and it encompasses 500 stocks instead of 30 in the dow. so it really gives a broader, bigger view of how well or how badly the stock market is doing. you look at the s&p 500, it's up about 20% this year. it's usually 8% so you're really getting a nice return if you are invested in the market. the dow is further away from its record, about 300 points short of that. you're seeing the market mixed today on the fact that this debt deal is a temporary one so you're not seeing invesrs