0 deck new york city potential break through in the dead lock. we will hit that debt ceiling. congress plans to vote later today on a senate budget deal that would keep the united states from possibly defaulting on its debt, at least until, well, early february. sources say it would also end the shutdown by funding the government through mid january. so, what it does not do is make any major changes to the president's healthcare law. that is something which republicans had been demanding. the senate majority leader harry reid said that the deal should show americans that congress can actually come together. >> while they witnessed a great deal of political discord, today they will also see congress reaching historic bipartisan agreement to reopen the government and avert default on the nation's bills. compromise we reached will provide our economy with the stability it desperately needs. >> the senate majority leader mitch mcconnell said is he confidentiality that the measure will pass. pass. but a lot of folks are saying it would be important to pass it with strong bipartisan numbers in the senate. it may give some folks in the house a little bit of cover. as for why the senate goes first, i have had some people tell me that it is a senate agreement that was brokered between harry reid and mitch mcconnell so it is appropriate that the senate goes first. and one guy actually told me that perhaps the house is tired of passing bills that die in the senate so let the senate actually take action first, shep. shep shep they are not actually getting exactly all they wanted here. republicans stand in the way. we spend too much money. >> well, that's right. and one thing mitch mcconnell, the republican leader in the senate is celebrating is the fact that the budget caps that were set two years ago when we went through process stayed intact. there was some thought that the democrats are trying to lift those caps. mcconnell held on to those and so that's one thing that he is celebrating, if you will, and one thing republicans can hang their hat on. others have pledged that they will continue to fight to make sure that essentially spending doesn't go up and that the long-term debt of the country is addressed. we know part of this is a budget conference that is due to report back by mid december. i have heard from people in both parties saying that they are hopeful, hopeful that this bipartisan group can come to some form of agreement so we don't do this every two to three months forever, shep. shep shep that would be dreamy. mike emanuel on capitol hill. thanks a lot. one of the nation's richest men is accusing our congress of messing around with what he calls a political weapon of mass destruction. the billionaire investor warren buffet says it would be idiocy for lawmakers to let the nation default on its bills. he says it would hurt not only the nation's credibility but could also hurt all of our bottom lines. of course, unlike most americans, buffet has a huge safety net. so what would had t. mean for most of us if congress cannot in the end get its act together? because it's not a done deal in the the fox business network's gerri willis is with us on the news deck. focus very real already. >> big impacts sure were up 150 points on the dow. i have got to tell you we could be down just as quickly. it could happen like that. we have had lots of volatility already. guess what? fidelity one of the biggest mutual fund investors in the country getting out of short-term u.s. bond market, selling off bonds. and if you were trying to get a jumbo loan this week. forget about it. you can't do that. the irs is on vacation. they are on furlough. you can't close that deal. thought big impacts, consumers, on main street, here is what you are seeing, 40% 'of the people saying they are spending less because of the shutdown. and, social security payments, big payment due next week, $12 billion. 44 million of us rely on that money to live week to week. 58 million of us, one in five actually receive those payments. and finally there is welfare benefits, right? north carolina, the state of north carolina saying we are not giving out benefits in november, not yet anyway because we don't know what's happening with the federal government. >> so is a deal february to december is that a fix on all of this? can we bunji cord on all of this? can we come back together? >> everybody would like to see a real deal. that doesn't seem to be in the offing. not by a long shot. we are waiting for better news than. this we frankly don't know if this will work. >> no we don't. not until they work. she is not warming up back stage. that fat lady. >> she wants to go on stage. >> we are ready for her. she can have ours. gerri, great to see you. >> great to he see you. >> parents of a teenage cyber bullying suspect says somebody hacked their facebook account. one of two girl facing charges after another girl killed herself. cops say a facebook message posted days ago led to her arrest. yeah, i bullied rebekah and yes, she is dead but i don't give a -- the suspect's mother tells abc news that message did not come from her daughter. >> that's something that your daughter would write? >> no, she wouldn't write anything like that. she is not that type of girl that would just say something like that. >> police arrested that girl and the 12-year-old on the right of your screen here on monday. they are both now facing aggravate felony stalking. the sheriff there says as many as 15 girls bullied this child, rebecca sedgwick for more than a year last month police say she climbed a tower at an abandoned concrete plant and jumped to her death. she would have been 13 years old this weekend. steve harrigan is at that plant in lakeland, florida for us this afternoon. and it's my understanding, steve, that you spoke to the child's mother this morning; is that right? >> that's right, shepard. the mother and the whole family is in pretty tough shape. the mother says she is speaking out in order to try to spare others the pain she is going through. a pain which she says is worse now than it was a month ago when her 12-year-old daughter committed suicide. >> she left a big hole, she months. she climbs that 60-foot tower and jumps to her death. that's how bad things god for rebekah. for the police who found her body here at 2:30 in the morning, this case is personal. i came here and saw that a 12-year-old child, a baby, younger than some of my grandchildren jumped off of this tower to her death. and i wanted it know why. and i found out why because ultimately she was bullied. she was a fragile child to begin with. and i knew that enough is enough. >> of the two suspects who have been arrested, one is already back at home. the other remains in a juvenile detention center. shepard? >> steve harrigan live for us in lakeland, florida this afternoon. celebrity billionaire mark could cuban accused of breaking the rules. now we are learning whether the owner of the dallas mavericks is guilty of insider training. if he is, what happens to him? fox news deck coming up on a hump day afternoon. good to have you with us. ? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® is different than pills. victoza® is proven to lower blood sugar and a1c. it's taken once-a-day, any time, and comes in a pen. and the needle is thin. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adultth type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. symptoms of a serious allergic reaction may include: swelling of face, lips, tongue, or throat, fainting or dizziness, very rapid heartbeat, problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®, including inflammation of the pancreas (pancreatitis), which may be fatal. stop taking victoza® and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back, with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. nba dallas mavericks. he has, among other things, many successful business ventures. and he is one of the star investors on the hit show shark tank. you may have seen it but the securities and exchange commission mark cuban used insider information to dump millions of dollars worth of stock back in the year 2004 after the company's ceo allegedly tipped him off. one of mark cuban's attorneys told jurors yesterday that the securities and exchange commission's case is built on misleading comments. and that it's an example of the federal government's running amuck. a line that seems to work well these days. trace gallagher is live in our west coast news hub this afternoon. explain more of these accusations if you would, trace. >> back in 2004, shep, mark cuban owned 60% of a company called momma.com canadian search engine trying to compete with google. former ceo had a conversation with mark cuban where he said the company was going to sell the stock to private investor at 10% discount that would have cost mark cuban some money. cuban agreed not to sell the stock and turned around and dumped it anyway for some $7.9 million. cuban says he never promised he would not sell the stock. and he also says the information, the former ceo gave him was all public knowledge anyway. shep? shep shep it sounds like it's the ceo's word vs. mark cuban's word and little else? >> yeah. and that former ceo lives in montreal and he refused to come down to testify at the trial in dallas. so they played his videotaped deposition. as we know mark cuban certainly did testify in dallas and closing arguments, the attorney looked at the jury and said who are you going to believe in the guy who wouldn't come down and look you in the eye or the guy who answered all the questions and did look you in the eye and as you said, shep, the jury is now deliberating. >> and if the guy who looked him in the eye is guilty, what does he do? pay a fine? >> there is no criminal charges here, so he stands no chance of going to jail. if he loses, mark cuban would lose about $2.5 million. he is worth $2.5 billion, so drop in the bucket is a bit of an overstatement. here is how concerned mark cuban was about the verdict yesterday after court. listen. >> we'll talk about all of that later. but, again, i have got to get to indianapolis, the mavs have got a game. you know me, that's the important stuff. >> got to get to the mavs game. on the flip side the fcc has been working this case for five years with 10 lawyers. we don't have an exact number. it's cost them millions of dollars. even if they win they will lose millions of dollars in this case. >> already have. trace gallagher. most watched sporting event on earth has nothing to do with football. it's the world cup. as the rio prepares to host the tournament. a powerful drug cartel is threatening a world cup of terror. if officials don't cave in to the drug cartel's demand. ahead, the warning and the response from brazil. 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