0 continue online. it will continue across the country. you can go to cnn.com/crossfire and twitter to weigh in. >> from the left. i'm van jones. >> and i'm s.e. cupp. erin burnett "outfront" right now. >> who should take the fall for the disastrous rollout? some say kathleen sebelius should be the one fired. plus, a doctor accused of killing his wife. was it murder or an accident? and a 14-year-old girl said she was raped by an older stoonl. the charges dropped but the girl's mother made secret recordings of the prosecutor. we'll play that for you. let's go "outfront." good evening. i'm erin burnett "outfront." we have some news. an official from the darrel of health and human services confirming to cnn that the glitch filled website will be coming down for maintenance. this comes on the same day new problems were expose asked the official from the health and human services said kathleen sebelius will not be available to answer questions at a congressional hearing next week on what went wrong. i can tell you at this moment, we have just found out that this health and high school services secretary. i'm here at my blackberry, has time on appear at the inaugural kennedy forum gala the night before in boston. so she'll be in boston at a gala but unable to testify in washington the next day. republicans continue to call for second sebelius to be fired. brian todd has been tracking the glitches. official are obviously downplaying the significance of the webb coming down. what's your kae in. >> my take is they've had so many problems with this website. even if there is a high maintenance, maintenance action overnight, they'll be lumping it in with the other maintenance problems that they've had and trying to deal with it that way. as you mentioned at the top. we have had confirmation from a health and human services official that the obama care enrollment website, will be coming down for maintenance. the official at the health and human services downplaying the significance saying the agency has brought it down week nights and weekends fairly regularly between 1:00 a.m. and 5:00 a.m. again, hhs downplaying the maintenance issues and the taking down of the website this weekend. meanwhile, we have been speaking to those on the receiving end of all of these applications. insurance companies. sources are telling us there are widespread problems with the applications coming in. they are having to track back to solve them. >> luke runs a database company in northern virginia. since trying to sign up for obama care online, he has become an unwilling expert on the glitches. >> the management team built this and delivered this and thought it was production quality has shown they're not capable of delivering a production quality enterprise national level product. >> he doesn't think the system was tested thoroughly enough before the rollout. administration officials have insisted they did beta test the program for months. but cnn has now learn, signing up is a problem not just for potential customers but for the insurance companies processing their applications. listen to joan from the michigan insurer priority health. >> we talked to one gentleman who had not received the confirmation that he anticipated on the exchange website. so he hit submit a couple of times. and ended up, was concerned that he had enrolled in multiple plans. >> another company tells us, soon after enrollment started, they had one customer mistakenly apply three time for two different plans. insurance industry sources tell cnn people are getting data without a time stamp. we did speak to other insurers who said they had no problem with the data. got complete applications. but for those who have had problems -- >> we're calling each member and going over their enrollment information with them to make sure it is accurate. >> reporter: for response to those issues, we call and e-mailed cgi, the private contractor which got tens of millions from the government to design the system. we didn't hear back. the department of health and human services that as individual problems are raised by insurers, we work aggressively to address them. as for luke -- how would you fix it? >> way i would fix it is two levels. i would have a change in management. tech nick will i would try to get people through this system as quickly as possible, asking for as few pieces of personal information as possible to expedite the process. >> reporter: to be fair, he said he has seen some improvements. on some pages they've add more questions to save people having to answer a question, save a screen and then go to the next screen. and administration officials continue to say they are hammering away at these glitches. for outfront, brian todd in washington. >> we heard the tech expert saying someone in management should be fired. even the health and human services second kathleen sebelius have admitted there are problems. >> i am the first to acknowledge that the website that was supposed to do this in a seamless way has had way more glitches than i think are acceptable. >> i'll be the first to tell that you the website launch was rockier than we would have liked. >> maybe neither one of them were the first. but at least they acknowledged the problem. the question is, should someone be fired? joining us tonight "outfront." the communications director at the republican national committee. and john avalon, executive editor for the daily beast. the president has said itle times. the buck stops with me. he won't lose his job over this. but the person in charge of the rollout was kathleen sebelius as secretary of the hhs. should she be fired? >> yes. as brian mentioned in the piece, they had three years and hundreds of millions to get this right. just months before it was ready to go, in september of this year go they told us they were ready to go. we're going on sign up 500,000 people in the first month. when the demand started, the day after they launched, they said the problem was not that there was a website problem. there was so much demand to get on the site. meaning they covered it up. they knew there was a problem and they blamed it on enthusiasm. not admitting the problem. >> maybe they just hoped that it was enthusiasm. maybe it wasn't a full cover-up. >> but when you spend hundreds of millions, if you take look at where they are now. let's look at how they're doing. she said 500,000. there are states where you can count on one handled the number of people that have done this. zero, 1, 5, 7. that's not impress yifl that's not even close to 500,000. this is an absolute disaster. and there is no company in america that would allow this themselves constantly refer to themselves, compare themselves to an apple rollout. when apple had a similar glitch, tim cook fired entire team that was responsible for rolling out the mapping app. this is an absolute disaster. someone has to pay the price. >> let me ask you, i can't confirm shawn's numbers. i'll trust you. seven people in alaska. i don't know what percent of the population that is. rob gibbs said someone needs to go. let me play it. this is a guy very close to the president. >> when they get it fixed, i hope they fire some people that were in charge. >> yeah. >> there is no question this has been a rolling disaster of a rollout. and i don't have a fancy word to do the play by play. this does prove a point republicans have been. government tends to not do big things well. we can have a conversation about the crew-ups, about how best to fix them. by jumping immediately to fire sebelius, wee just parroting rnc talking points telephone height of the whole default disaster that we went through as a country, the rnc kept pushing this line. fire sebelius, fire sebelius. they wanted to change the conversation themselves wanted to distract from the conversation. that's the important politics that we'll get real about this conversation. >> i must be doing a really, really good job. because rob gibbs is using the talking point now. so i just, that's a little preposterous. yesering with believe that's the case. from rob gibb to debby watersman schultz, everybody is saying this is a disaster. will anybody be held accountable. this isn't like a small disaster like i ordered decaf and i meant regular coffee. this is tens of millions of dollars that was spent over the course of three years. and we're all looking around calling it glitches, rocky bumps. this makes the new coke rollout look lick a pr success story. >> you both raise interesting points. jumping to fire someone before you find out had a is responsible. here is the thing. secretary sebelius was just confirm for going to a gala a instead of testifying in washington. >> it started a little rockier than we would like but i think it is getting better by the day. >> obama has this earl of tech guys that send me e-mail when i don't even have my computer on. they appear behind my eyeballs. and yet all this person has to do is fill in their name and the computer is like, what are you doing to me? >> in the interview, so she look like she was having a good old time. she came to new york, she can go on comedy central. seriously, all jokes aside. that is not smart. it is totally unacceptable that she doesn't testify before congress. she should answer questions. she has time to go a kennedy center gala. she has time to go to congress. jumping to the band wagon. if we want to fix it, that's one thing. let's be honest. the republican party wants a political scout. that's the whole thing for this line of reasoning. it is not to fix a problem or to have that conversation. >> here's the point. talking points aside, just issue, the issue on the table, if she was a couple weeks out of that launch, when she was talking about the rollout. it's good to go. my point would be, if this were any other issue, we would be saying you're crazy. we knew they didn't beta test it. there is no question that everyone who look at it said that. at what point is it not a talking point and it is reality that they have to admit that there were serious problems. they knew about them and they ignored them. >> all i have to say, someone has to faye price but we've got to do who did what wrong for this to not happen again. you can't just have a scalp and then declare victory. still to come newark information about the horrific terror attack at the kenyan mall. we have the video and now authorities believe they know who is behind it. plus a massive manhunt for two men released from prison by accident. and how many times has this happened before? 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