baltimore where that weird thing has happened with the guy who calls himself god ramming a truck into a television station. cops keep tell us they'll tell us what's happened and they haven't done that. when they do, we'll break in. i'll see you then. for now, here's neil. well, now we know. those eight million obamacare enrollees, more like two. welcome, everybody. i'm neil cavuto. three out of four folks who signed up for the health care law already had health care coverage. can they really be counted as new enrollees? net, net, not quite. and a new mckenzie group survey says not even close, revealing only a quarter of those who signed up for the affordable care act didn't have coverage before. and we are not even getting into whether all of them paid, because many of them did not. many more put off completing the sign-up process because, well, they discovered they couldn't afford it, whether they wanted

to sign up or not. dr. scott gottlieb back with us, an internist who saw all of this coming and said it is going to get worse. that means we're actually looking, doctor, less than two million new enrollees, if that. >> probably one to two million. that tracks estimates put up by goldman sachs and other groups early on so this is probably right. most people who were uninsured and got coverage on obamacare ended up on medicare. and most of the people who got private coverage from the exchanges were people dropped from their existing private coverage or people who self selected to take advantage of the subsidies. >> so, doctor, when the obama folks come back and say, well, an enrollee is an enrollee is an enrollee, part of the affordable care act no 345matter what the says, you say? >> we're expanding medicaid and the problem is the medicaid program isn't serving the poor very well and we haven't done anything to fix that program. by putting more people into

medicaid and not channeling more resources into it, we'll probably exacerbate the strains. it's very hard for medicaid patients to get access to care because providesers are paid so little under that program. >> so it sounds like you're getting more but you're pushing that to the max. now with an affordable care act that is hemorrhaging with key exchanges in now half a dozen states, this sounds like a problem. >> it's going to get worse. a lot of people who have private coverage are going to get transitioned into obamacare. so the unions are very worried their employees will get draupt and moved into obamacare. people in retail, job services jobs are also going to get their coverage they get at work now dropped and they'll get moved into obamacare. the fact is the subsidies that they can get in obamacare is a lot more money than the subsidies they get by getting the coverage at work because of the tax treatment. >> but they say give it time, more people will get covered. costs will ease and people will

find that there will be sort of a common math that benefits everyone. >> i'm not sure how costs are going to ease because we don't really have a competitive scheme where plans are vying in a competitive market to hold down costs. as you move more people into obamacare, people's coverage will get degraded. >> as an internist, you have to decide who to cover, who to help, what have you. what's happening in your office? >> a lot of my patients are medicare/medicaid. i did salaried, i'm paid by the hospital which is an increasingly common thing among doctors to be salaried, so it hasn't affected my practice. >> did you make that move preseeing this? >> no, i practice in patient medicine so i've long been salaried by a hospital. providers in the outpatient setting are seeing their patients moved into insurance schemes where their coverage is basically degraded. it's not as good as it was before. if you look at the obamacare plan, they're pretty bare bone plans. this isn't robust coverage.

>> with high deductibles. >> that's why the unions are worried. they have collectively bargained for good health care and they're going to be dumped into obamacare. >> some of the existing patients on company pay rolls who might have serious diseases and the like, a lot of those companies will have the freedom to jettison them onto exchanges. >> the people with employer-covered coverage are higher paid employees. >> doctor, thank you very much. in the meantime here's another thing we know as well. the law is not saving families $2500 a year as the president promised. a virginia republican congressman, morgan griffith, what are you seeing, congressman? >> well, what we're seeing is that rates are going up. i was talking with a broker today, and he said in the small shop, 2 to 50 employ is, they're looking at rates going up as high as 54%. that's in a rural part of virginia where there aren't that many providers out there and the

competition is not that great, but we are seeing increases fairly significant in our area. >> these guys at fox, they dash this health care, whatever, the republicans don't find anything you like about it, averaging it all ought for those seeing increases and for those coming less and that it averages out to be less than the inflation rate in the health care arena. i have not seen that, congressman. have you? >> i have not seen that. and one of the things i'm concerned about and want to make sure we have all the data that's out there is, is will the administration hold on when they get these rates coming in from the various companies, will they hold those until after the election. so i put a little bill in to make sure that hhs turns that information to us 30 days after they receive it. but what we're seeing is increases keep going up. there may be some who have increases that go down, but the vast majority of the average american families in the middle class are going to go up. >> when you say 30 days for hhs to respond, i do notice, history

suggests, when the news is favorable, hhs, the white house, what have you, you get that out in a nanosecond. when the news is not, that's like a slow boat to china deal. the fact that a lot of these numbers and data points are not forthcoming makes me think they're getting worse, they're not getting better. >> yeah, i have to argue that they're going to get worse. last week we had a little hearing and i said are they going to get better as promised? are we going to see the average family with a $2500 deduction? none of the folks representing insurance compan raised their hand. we walked it down to $1500. nobody expects the average family to save money under the obamacare policy. >> all right. when you talk about these savings, the administration was building into that, i believe, congressman, that your overall policy costs are going to stabilize but leave out the dirty little detail that much like, you know, a good automobile insurance plan, you leave out the fact, yeah, you're

covered, but the deductible will really be high. has that been factored in, that a lot of people, especially young people signing up for this are discovering they might have upwards of a $5,000 deductible before the plan kicks in? >> yes, we're seeing a lot of that too. in fact when we were looking at those policies this morning when i was talking with one of the brokers in my district, he was showing me they could get that increase down to 10% but they had to have a much higher deductible and much higher out of pocket in order to do it. when they tell us they're getting data in that shows lower than expected increases, i'd like to know what those deductibles are and those out of pocket expenses are. >> congressman, thank you very, very much. we appreciate it. now to colorado where a big pay raise and bonus for the head of the obamacare exchange is rocking the rocky mountain state. >> reporter: hi, neil. yes, this is happening as colorado is trying to figure out what to do when the federal that helped fund obamacare's state

exchange runs out in 2015. the head of connect for health just found out she's getting a hefty pay range. the board of the exchange decided she would receive a 2.5% pay hike bringing her annual salary to just under $200,000, plus a $14,000 bonus. at the same time, connect for health is considering hiking fees to keep it afloat. that would be a $15 annual fee for each policy on top of a 1.4% fee already in place. this is expected to raise $13 million to keep things running another two years. ellen danic, the only one who voted against the raise and bonus, told "the denver post," quote, we've spent a significant amount of time on the finance committee and in board sessions looking at how connect for health will pay its bills when federal funding funds dry up and

there are still questions about how to make it saul venting. cory gardner of colorado is vehemently against the raise and bonus. cardner, who is also running for the u.s. senate, points to low enrollment numbers and lack of revenue. his office sent a statement in part saying it is absolutely unacceptable that connect for health is proposing huge user fees for coloradans already paying too much under the president's health care law while handing out cash to their own executives. others on the board defending her ceo saying they wish they could have given her more for doing a great job. the defense that the colorado exchange has done better than most states, signing up 131,000 people. this raise makes her the third highest paid exec for people in her position than any other state across the country. neil. >> you're saying she's doing a better than expected job and the job isn't that great, it may not be her fault but she is the big

cheese and colorado is coughing up premium payments now. my gosh, what do you do for doing a pathetic job. >> they say she's responding well to the pressure and the enrollment numbers in comparison to the rest of the country are doing well but as your previous guests are saying, the enrollment numbers aren't that hot. >> amazing. in the meantime, none of this disturbing trending is on wall street. you'll be happy to know those greedy sobs are doing just fine. the dow, s&p gaining ground pushing further into record territory. a lot of this is on optimism that the economy will be picking up in the quarter we're in. it wouldn't be a high bar to cross after the anemic growth in the first quarter. most are saying this could be a 3% quarter. they never know. that's the bottom line. we pass that along because that was the impetus for a lot of buying today. in the meantime, iran can clone a drone. so you still think these guys are our pals and we should be just talking to them kumbayaing

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air traffic is still at a stand still in chicago after flights out of midway and o'hare are grounded several hours after smoke started filling a nearby radar facility. mike tobin is there with the very latest. mike, what can you tell us? mike, are you hear me? okay. he obviously cannot hear us, but again this started a couple of hours ago. a nearby radar facility and it started just stopping traffic in the immediate area. all lane, all closures and all airports into and out of the area, including midway and o'hare. in the mean time iran may hate us but they sure are good at copying us because they can know clone a drone. in fact they just did. one captured back in 2011, built to scale and fixed to attack u.s. warships if we get any

bright ideas former cia agent, baker, can't believe we make it so easy. how do they do this and did they do this? they say they did. >> well, they say they did. we had a very complex piece of equipment, a lockheed martin drone, go down in late 2011. it essentially crash landed in iran. shortly later on after that happened, president obama asked for that back. surprisingly the iranians did not give our drone back and they now claim they spent the past three years or so reverse engineering and building their own version of this. now, the iranian national guard, they got about as much chance of their own of reversing that drone as my three little boys do, but with help, with help they can do it. i guarantee you that a large amount of our currency went into iranian accounts, probably from the chinese, who were undoubtedly crawling all over that drone shortly after it went

down. >> so what we're seeing in the picture is first the drone that was captured, right? and then the copy of it. now, what we don't know -- >> right. >> now, we don't know if the copy -- >> it may or may not work, we don't know. >> but it wouldn't be a stretch to see if they didn't have the technological prowess to do it, and i take it they're not up to speed with that, they know people who do. >> right. >> so is it safe to say that they now have this technology and should we now be worried and should israel now be worried? >> well, it's safe to say that some of it has been shared with the iranians. more importantly, again, the chinese are probably the most likely to have gotten in on this, possibly the russians too if they were willing to spend enough, but they both would have been keen. so yes, we should be worried. but after this went down, as you can imagine, the u.s. intel community in concert with the private sector that works on this, you know, spent a lot of time trying to say, okay, let's

advance the ball because we know that we have to assume this technology has been compromised. not to pick on the chinese, but for the past several decades, they have been engaged in a very aggressive industrial espionage campaign. this is what they do. they are as good as it gets when it comes to reverse engineering technology because that's in a sense how they have had their economic miracle. >> and they have even hacked our defense department computers, so they're not idiots. >> absolutely. >> mike baker, thank you, my friend. we were telling you we had some connection problems with mike tobin at o'hare international but if you're flying out tonight commercially, chances are you are looking at substantial delays. whether you're in the chicago area or not. mike tobin there with the very latest. hey, mike. >> reporter: hey, neil. a source for the airline says they expect this ground stop to lift any minute now. but if you look the ripple effect has already happened. these four people haven't even made it through ticketing. they haven't made it to the tsa line yet, they're just stuck here in chicago. if you're anywhere from l.a.x. to laguardia, why do you care?

you probably know after this winter, when o'hare backs up, the nation backs up. the source right now they say is an air traffic control tower in which smoke poured into the second floor. the faa said that was a motor with the heating and cooling system that went into the ventilation and caused all of the smoke to pour into the second floor. the air traffic controllers were allowed back in at 1:00 but you still have the backup and ground stoppage in effect. according to flightaware.com, just about 500 flights were cancelled going out of o'hare today. over 500 are delayed out of chicago midway 81 cancelled, 111 delayed. when you look at the board downstairs, as far as departures, how that goes, you're pretty consistent. let me say, arrival its, you're pretty consistent with two-hour delay. departures are a little more sporadic, you have some cancellations, some delays, some flights later in the evening leaving on time. after this long winter you probably know the drill by now. go to the website, call ahead. if you've got to tough it out,

it's better to wait it out at home. the food's cheaper. neil. >> it is cheaper, and better. thank you very, very much. from delays to a trillion dollar grenade. i think some college grads just pulled the pin on this one, though. take a look at the stunt this guy just pulled off. he is sick of his town's potholes. now he's telling us why he could be in deep.

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these kids not going to pat, but it's not all $1.1 trillion. >> we are saddling the next generation of workers with debt as soon as they walk in the labor force, as much as $100,000 of debt. then if they buy a house, that's like a second mortgage. so i do think we'll start to see increasing levels of default on these loans, especially if the economy doesn't pick up. >> how is that different in percentage terms of salaries than when you and i graduated with loans. >> it was nothing like this. 20 years ago -- >> i like to tell kids -- >> we've seen -- it's interesting. the two industries where we've seen by far the highest inflation, education, college tuition, and health care. and those are both models where people don't pay directly for the costs. we use insurance or student loans for both of those. if we have more accountability. if parents and students actually had to pay the tuition, there is no way these colleges would get away -- >> so the more help we give kids, the more it 'em boldens

institutions -- >> every time congress -- oh, we're going to be generous and give these kids student aid. what do the universities turn around and do? raise tuition. but i do think the bubble that's going to burst, neil, two bubbles. first, i think this $1 trillion of debt, i don't think this generate will repay all that. second of all, because of the online revolution, i just think, you know, these kids that are coming in to the college age, i don't think the universities are going to get away with charging people $40,000, $50,000. my son goes to northwestern. $60,000 a year. that's robbery. >> college is way overrated. >> well, you have to think is it really worth $200,000 for a college degree? >> what do we do in the mean time? elizabeth warren and otherssayig if not bail the kids out, let them refinance their debt, much like we did in the early stages of the mortgage meltdown. there's another argument that just says throw a tax on the rich and have them pick up the

bill. >> i'm truly not for that. i would not be against a refinancing of some of this debt. what i am very much against is forgiveness of the debt. taxpayers have already paid once. >> and you pay for refinancing it too. >> yeah, there's a subsidy. >> but at least that would avoid going belly up, right? >> look, these numbers already baked in the cake. the loans have been made. the $1.1 trillion of debt is out there. i don't think we do a great service to our young people when we saddle them and their parents with this level of debt for a college degree that in many cases isn't worth the $150,000 to $200,000. >> especially if you're a philosophy major. >> if you're out there and have a kid, have them get an engineering degree. they'll get a job in ten minutes. >> but the philosophy major says, see this, dad, it's not really there. thank you very much, my friend, steve moore. mounting debt is not the only thing getting students riled up. so are commencement speakers. from first lady michelle obama

condie rice and now the head of the international monetary fund. they actually told christine lagarde, forget about it. all powerful women bowing out after student protests. what's going on here? tonight at 8:00 p.m. meanwhile students are not the only ones raising red flags. charlie gasparino has uncovered something about the bailouts themselves that are raising a bunch of red flags today. charlie, what do you have? >> well, exclusively fox business reporting that tim geithner in a sealed deposition conceded, this is the former treasury secretary, the guy just put out a memoir about his time as new york fed president, trying to bail out the big banks. in these depositions, and they were sealed, he basically admitted he had no idea that one of the biggest part of the financial crisis, american international group, aig, was about to implode until it was actually imploded. this occurred back during that where can they were trying to save lehman and dealing with a

lot of things. clearly what these depositions show, and i would tell people find a story on foxbusiness.com, it lays it all out. it basically shows that far from the depiction that geithner is trying to put north in this book, "stress test," the memoir that came out on monday, this was not a guy, at least under oath and at least being deposed in this court case, which was brought by hank greenburg, he was being deposed by none other than david boise, basically shows that he wasn't really aware of a major part of the financial crisis, meaning american international group and all the problems that are there. he basically admitted he didn't deal with it until the last minute, until lehman imploded and that's when his staff said, oh, god, we've got something else coming. i would say this, neil, you can talk a lot about lehman's implosion, citigroup being impaired, but american international group was probably the biggest linchpin of the fanl crisis. it was the company that insured the bad debt on the books of the

other banks. if aig goes down, everything else goes down of the one of the things with geithner is not knowing his exposure and what it was causing, aig's risk-taking, if you're the new york fed president, you're the chief regulator and don't understand this part of the financial business, should you be in that job? >> well, that was that and this is now. aig also, and greenburg kbla complained about this, was a filtering to bail other institutions and that's what stuck in his craw. whether they used aig and the rescue of aig to rescue others. >> well, that's the contention that greenburg said. remember, greenberg was out of there, he was forced out in 2005 by eliot spitzer. new management came in. the whole contention of his lawsuit is that they basically, you know, pilfered aig. screwed over the shareholders and used the bailout to basically bail out morgan stanley, goldman sachs and all

these other firms that were on the brink. it's great stuff in his deposition about how morgan stanley was, quote unquote, freaking out it was about to go under and goldman sachs was worried it was about to go under unless something major was done with aig and some of the other banks. goldman sachs has spent the past five or six years trying to say it wasn't bailed out, didn't need the money, it was completely hedged, there was no problems there. these depositions by geithner show just the opposite. >> what are you doing in vegas? >> what happens in vegas stays in vegas, neil. >> fair enough. fair enough. >> i'm covering a great hedge fund conference. it is the best three days of finance and other stuff that you can imagine. >> great breakfast buffet. >> you don't want to know the other stuff. >> no, i don't. because i know you. charlie, have fun. thank you very much, my friend. >> all right. no one is better connected. in the meantime, what is worse than a tax cheat at the irs

getting a bonus? trying billions of credits that the agency just handed out that are just bogus.

i've heard about rearranging the deck chairs on the titanic, but paying more than $100 million the last few years to do it. when it comes to the irs, that's just a fraction of it. very good to have you back. what have you uncovered here,

mark? >> neil, it's a classic washington story. the internal revenue service, which says it needs another $1.2 billion to do all the things we ask it to do, meanwhile they spent $90 million some dollars buying furniture. desks and all kinds of lamps, that kind of thing. >> they do have those 16,000 new agents to hire for overseeing health care, so maybe it was necessary. >> well, one of the things -- one of them is a $1200 chair. and i figure as hard as it must be to target tea party groups for harassment, you know, you're probably tired at the end of the day and need a comfortable chair. >> but there were a lot of costs involved here. it went into the billions over the years and a budget that just sort of somehow missed accountability. it wouldn't be the first agency to do that. but these numbers are eye-popping. who's watching these guys? where's the inspector general for these guys?

>> well, there's actually several inspector generals at the treasury department. the one that oversees the irs is the ig for tax administration and they just interestingly put out a report saying that the irs is failing for the third year in a row to reduce the amount of earned income tax credit fraud of which there's about $15 billion a year. the reason they're not meeting the goal for three years is basically because they're not trying. it's the story of a long-standing fight between honest government on one hand and tax and fraud and waste and fraud on the other. unfortunately, tax fraud is winning. >> but they have argued that they're still going after the cheats and still targeting the upper income, just not at the percentages they used to because they need more people and need more budget. it's kind of like a chicken and

egg argument. >> in this case it's the earned income tax credit that we're talking about, which is aimed primarily and is intended to help the working poor folks, not the upper income types. the problem with it is, is it's kind of a complicated tax to calculate and consequently it lends itself to fraud. the irs basically just appears to be uninterested in stopping it. >> and that's an youf control one because that affects a lot of people and you talk about a lot more revenue. >> it absolutely is. >> mark, thank you very, very much. great reporting as always. in the meantime, you think you're sick of these potholes? look what they drove our next guest to do.

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nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. test test test test. test test test. all right. tired of those potholes? apparently so is this guy. his name is kirk block, he's

president -- he's a resident of indianapolis who decided to protest the city's potholes by filling one with a planting. you take the whole thing, put it on youtube and now he could be in trouble. he joins us right now, mr. flock, i loved what you did there, but apparently the city does not. what have they told you? >> well, actually the city has a concern that people might be a little confused that they're really doing an adopt-a-pothole program and they're not. they really don't have a problem with the video. i think a lot of people have a sense of humor about it at this point. >> maybe, but the mayor's office said this. that the mayor has been encouraging the city to become more sustainable but this isn't really what he had in mind. indy received millions of dollars in funding just last night to fix streets heavily damaged by the historic winter conditions. so in a perverse sense maybe you got this thing going, kurt. >> well, i certainly can't take all the credit for that, but

this was -- look, this was a moment of levity. we thought this might be interesting and fun and a way to focus some conversation on something that's really bothering a lot of people. >> i thought it was brilliant. but i guess the flip side is that you were frustrated because it was taking so long to address these potholes. so many come back and say, well, if we start spending money on infrastructure and pouring more money into it, we wouldn't be having to see scenes like this. what do you say to that? >> well, it's may. it's a great month in indianapolis. you know, we just ran the grand prix. we've got the indianapolis 500 coming up and the pacers are in the playoffs. we shouldn't be having to drive our cars and dodge potholes around our streets this time of year. >> your city, your state spends a lot on infrastructure, road and bridge repair, and a lot of critics of that spending want to know where the heck it's going because you've had a record number of potholes, as have a lot of communities, a lot of cities, a lot of states, a lot of counties, and they don't know

where any of that money is going. by any wild chance, do you? >> well, where it's going or where it's coming from. there are two sides to the question and the argument. you know, there are a few things the government should be doing and doing well and doing quickly. filling potholes and taking care of the roads has got to be near the top of the list. people's automobiles are being damaged. personal safety issues. it's just one of the basic fundamental things the government has to figure out how to do and get it done quickly. i think a lot of people lost a little patience and probably some money too with their cars in the automobile repair shops. >> has anyone, when you planted that little tree there, did anyone run over it and damage their car beyond what they would have done had they just run over the pothole? because you could be liable for that as well. >> no. to be honest with you, the tree is not there. it wasn't there that long. but from the feedback on the postings on youtube, i think a lot of people think sometimes it's easier to see a shrub or a flower in a pothole than

pothole itself. it might not be a good idea. >> touche, kurt. kurt flock, i can think of worse things to do with our potholes than to put something in them like that. thank you. >> you're welcome. from filling a ditch to digging one, fox business news kennedy says everything is wrong with the government. that is a primary responsibility to fix that sort of stuff. >> oh, no, they're too busy paying big pensions. >> where does all this money go? i agree, we've got dilap dating roads and bridges but we've committed $20 million a year to this sort of year. >> with taxes aren't you supposed to have even nice, smooth roads? even libertarians agree with that. >> what happened? >> well, the basic services have been pilfered and taken from practical pots like those that would maintain roads and bridges and, you know, they're put into

things like stadiums and limiting school choice. >> but i know you get into this on your show, but it's always turned around, you are against fixing our roads and bridges or killing kids because you're not for fixing. i'm all for fixing and i think you get into this too. but then you've got to tell me what happened to the money we've already given you because it seems like an awful lot of money that should address an awful lot of potholes. >> my family, a bunch of hoosiers over there, and i like to see a little bit -- it's not civil disobedience, it's civil shenanigans because everyone can identify with that. new yorkers, if you look right outside your studio, trucks are losing hubcaps and breaking suspensions. >> can you imagine if they did that out here? everyone in new york -- on sixth avenue here, they drive 80 miles an hour. so you just go out there -- >> it would be like a video game. >> it would be. it would be awful. but you recognize that. this is something this guy is doing and you can relate to and appreciate. >> i can totally appreciate because sometimes it takes an

individual pointing out something totally absurd in order for stuff to get done. you know, you see it with kids having lemonade stands. any time the government says you're suspended from school because you brought a butter knife and ridiculous things like that, unfortunately these have to be brought to national attention before policies change. and it shouldn't take that. >> i just hope someone doesn't use this, see, i told you we need more money because they'll get more money, no doubt about it. and they will do the same thing they have done in the past. it will just disappear for a variety of other uses, having nothing to do with this. >> and city government especially has really outgrown what it is intended to do. we want to keep the federal government small but we want to keep city governments smart. and i think a lot of people, a lot of politicians get into office and feel they're not doing their job unless they're passing laws and spending money. >> you're defined by how much you spend, what you do. >> grow businesses, privatize everything.

let private companies take care of the roads and they'll be in much better shape. >> she keeps the other two guys in line. they start thinking like, hey, kennedy, listen to me. none of that, you listen to me. end of story. all right. now we know, by the way, that jay z can take a punch. but the hotel in which he did, i'm not so sure about that. (mother vo) when i was pregnant... i got more advice than i knew what to do with. what i needed was information i could trust on how to take care of me and my baby. luckily, unitedhealthcare has a simple program that helps moms stay on track with their doctors and get the right care and guidance-before and after the baby is born. simple is good right now. (anncr vo) innovations that work for you. that's health in numbers. unitedhealthcare.

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maxwell house. trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. breaking news now from the fox news deck. throughout the afternoon and much of the morning we've been following a situation at a television station outside baltimore, maryland, where a man had taken a truck, barged into this place, knocked a wall down with this truck, said he was god and began running around the building. police have just held a news conference. the bottom line is they have got

him now and nobody got hurt. but here's the story. as the authorities were working their way through this building, he was doing the same thing. and according to these authorities, he had gone into a room all by himself and began watching television channels that were watching television channels that were covering this thing, so police didn't release any information. now they have. a mentally disturbed 29-year-old man, the situation back to normal. now back to your world with neil. all right. you think you've got issues with your in-laws. i want you to take a look at this. music mow gull jay-z taking punches from his sister-in-law. the hotel where it all went down is hoping to avoid a beating itself. the standard hotel saying there was a clear breach of our security system and adding it will discipline and prosecute the individuals involved to our fullest capacity, does that mean

the hotel off the hook legally? why do you disagree that they are responsible? >> i believe they are responsible. they admit that there was a breach. they said it right there in their statement. >> how did this video get out? >> obviously a security guard thought he could make a lot more money selling this videotape to tmz than his $8 an hour job. >> you said obviously a security guard. sorry, i didn't obviously get it. so would the hotel be liable if a security guard looking for a big payday did that? >> i don't think in this particular anyone has any damages. >> it's embarrassing. >> we don't get to sue just because we're embarrassed.

>> they were embarrassed and humiliated. >> no. they were not embarrassed by this. >> if they were private figures -- >> if they were priefort figures, it would be a better case. >> i think they absolutely have damages. nobody is looking at a guy like street kred, i believe his behavior was exactly like a gentleman should be like. >> that's why it's helpful for him though. in that situation we have crazy solange. >> he should thank the hotel? >> it certainly makes him look good. >> i'm talking about his family right now and it's not anything anybody needs to be talking about and it's the hotel's fault. we're not talking about how great he is, we're talking about his family. >> the security guard sold this to tmz or whatever, can the hotel or go after legally that

guard? >> you can always sue. the question is always should you, and in that case, you shouldn't because -- >> i disagree. you never answer a single question i ask. you turn it into another question. >> that's my job. >> that depends on what the meaning of the word is. >> i disagree. the hotel could absolutely secure -- sue the security guard. >> he violated the trust. >> his actions showed that the hotel security is questionable and that could have a financial impact on them. >> when i was in college, a friend of mine was a couldn't consierge, the stuff he saw. >> the hotel is the one is going to take the hit on it. >> that depends. these guys have more money than the gdp in latin america.

not a lot of people in an eleva elevator look up. >> this hotel is not looking good. >> there's an expectation of privacy in that elevator. they expected it would be private, otherwise they wouldn't have behaved that way. >> there are cameras in elevators. >> i don't think any celebrities in a hotel have any expectation of privacy. >> they had a private moment there. clearly they had the expectation. >> i don't know. thank you both very much. you are just -- >> you love me. stop it. >> incredible. democrats, you want to know how you can turn things around. first, i want you to put the shovel down and i want you to listen up. this is practical advice after this.

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hey, democrats, this common sense is just for you. not that you ask. free advice. at least judging from some recent polls you are hurting. that could change but first that requires you changing. its time no admit the obvious. you obviously got it wrong. i have an assignment for you. an assignment that could just save you. i want each and every one of you to go back to your constituents say, i'm sorry, i goofed. i knew you couldn't keep your doctor, your health plan, i knew if it sounded too good to be true, lying about it wouldn't make it any less painful. i knew solindra wasn't the exception, it was the rule. i knew i was more beholden to special interests than your interests. i knew i was i was smug.

i knew i was a slug and now i know you just want to slug me but can you find it in your heart of hearts to forgive me for i have sinned and i want to sin no more. that's it. like i said the other day, it's kind of standing up at an aa meeting and admitting your weakness, telling the whole world in this case your weakness is lying and you are stick of yourself too. you have sickened yourself to the point of confession. the first thing is admitting that you violated that trust. republicans, i wouldn't be flipping over this. right now, they hate you less. it is politicians learn nothing, forgetting to err might be human but to lie about it, to lie about it, sub-human. all right. so there you go.

you can avoid this wave of being in and out of power, both parties if you just go back and admit when you screwed up, but you won't do that will you? because history keeps repeating itself i'm going to say the same common sense a year from now, two years from now. hello, i'm eric bolling, along with dana perino, bob beckle, andrea tantaros and bob shaluu. this is "the five." we've got some extreme video for you today. first, check out this amazing video leaked to tmz late kbred. it features music mogul jay-z his wife beyonce and a very per tushed solange. check this out. she gets on an elevator. then solange and final jay-z