White house can prevail on the president , if you want a good, constructive final two years of your presidency, dont do this now. Martha plus president obamas nomination of loretta lynn much for the next attorney general is setting up possible confirmation showdown. Senator john thune saying dont even go there. I think it would be best interest of the country and congress to wait to do this next year under regular order, candy. Loretta lynn much will get fair. Martha byron york is here. Good morning martha. Martha president obama has to want to shore up a legacy for himself in the final two years for his presidency. Gop has to use their victory carefully, right . Especially on immigration you have to take both sides at their word on this. President obama is saying im going to do this and i think he will do it. Republicans say he will strongly oppose. How much stronger than they say this, playing with fire and red flags in front of bulls. Republicans are going to oppose this what will happen the president will go ahead and it will create a standoff. A multistage standoff in congress. The president may ultimately win it but he will be damaged in the process. Martha what about the numbers here. If cassidy wins in louisiana, republicans will have 54 seats in the senate. So, if the president plays hard ball, how does it work from there. Here is what you have to remember, an executive order does not have the force of law. At anytime congress can overturn an executive order. It can overturn part of an executive order and leave other parts standing, it can vote to stop funding for enforcement of any executive order. So congress has upper hand here only if it is united. It would take 60 votes to overturn the executive order. If republicans have 54 they would have to find six moderate democrats to go along with that might be possible depending how the executive order is done. The president still has veto power which is ultimately power. If he exercised he would be overturning the will of a supermajority of congress. That would put him in a tough political spot. Martha it certainly would. In terms of the gop and this reaction to this executive action is done, if it is expected to come on immigration, are there pitfalls for them on that position . I would look for the president to make this as hard as possible for republicans to include in the executive order some things republicans would actually like in some other context. There will be talk about making currently Illegal Immigrants pass a background test, perhaps pay fines, learn english, go to the back of the line. The president has spoken about that. That was in the gang of eight bill that passed senate with 14 republican votes. Look for the president to make it hard for the republicans to oppose the whole thing. Martha theyre back at at as of this morning. Well talk about the lore red at that lynch nomination later in the show. Loretta lynch. The president getting out of washington. He stopped in china on the first stop of a threecountry story. Ed henry is traveling with the president in beijing. With all that is going on at home what the purpose of this long trip now . Reporter eric, part of it is getting out of dodge. When you hear byron talk about what is waiting for the president back in washington when he returns from this eightday trip. He has a whole new dynamic. He is trying to talk up economic initiatives he thinks he can tout to American People. He announced expanded visa to china and bring more Business People and more tourists from china. Bolstering the american economy. Billions going there. He is talking up a specific trade deal. The bottom line any initiatives have to come back and he has to deal with the Republican Congress particularly with any trade deal, and angering them getting off on the wrong foot, by executive action on numb per one. And interview on face the nation it appears the president doesnt get happen in the election. Talking about how he has to do a better job selling his policies. It is the messaging. Republicans saying it is not the messaging, it is the policies themselves, bill. What is he saying about the release of two americans held in north korea . Reporter well he is obviously cheering the fact that kenneth bay and Matthew Todd Miller came back. They have gotten safely back home to california. He is happy about that but made clear there was no concessions made to the North Koreans. People wondering whether there was concessions given to the North Koreans on a nuclear deal. The president says no way at all. Interesting that the north korea seems when president is in china trying to steal headlines. North korean soldiers getting close to the dmz. Too close to the dmz. South korean troops fired 20 round of warning shots. The North Koreans retreated but gives you an idea how tense this region is, sean . Ed henry, 10 00 p. M. At night accompanying the president. Great to sigh. Were getting new details about kenneth behs return home. He reportedly asked for one thing when he got home, pizza. Thats what i would ask for. State Department Spokeswoman general saki will join us with some of the circumstances surrounding this release and timing of it as well. Well talk to her about that. Big announcement is set for today that would dramatically alter the scandal plagued Veterans Affairs administration. The new head of the va telling cbss 60 minutes, he will announce the agencys largest reorganization in history. Big news happening on the va front. Doug mckelway is live in washington with more. Doug, why has this taken so long . Reporter eric for the very simple reason firing people in the federal government is not like firing somebody in the private sector. It takes a long time. That is something that the new va secretary bob mcdonald is finding out the hard way. Whatever punitive action the va secretary demands in front of any one employee is put in front of a Administrative Law judge and disciplined employees have the right to appeal. So it takes time. We propose the action. The judge rules and the individual has a time to appeal. Thats why we have a lot of people on administrative leave. We moved them out. We dont want any harm to our veterans. Reporter mcdonald told 60 minutes after the administrative procedures hundreds 6 va employees may be let go. Doug, you also said the biggest problem is not getting rid of bad employees, that is unbelievable but hiring new ones . Reporter he did make reference to that fact. He said mcdonald made that clear the completion of factfinding trip to dozens of va facilities. He wants to hire 28 how new doctors and nurses. That is no small endeavor. Finding qualified and energy physicians and nurses who want to work for the va is very, very difficult. Macdonald is making that appeal to prospective employees pointing out all of the incompetence and criticism in the last several months, va is in the forefront of medicine in some specific areas such as in the treatment of traumatic brain injury and ptsd and use of prosthetic limbs. It will be a hard thing to hire all these people but there are bright spots within the va. Hopefully they can certainly clean it all up. It is far from about time. Doug, thank you so much. Reporter my pleasure. Martha fox news alert right now. A horrible plane crash in the bahamas. Police say a private learjet was apparently trying to come in for a landing near grand bahama that International Airport it struck a construction crain. Nine people were killed on board, including prominent evangelical pastor, miles monroe and his wife. Police are trying to determine what went who arely, horribly wrong. Martha, here we go again. There are new worries over the obama care website as enrollment season gets underway again. I. T. Folks are drawing up emergency plans and preparing for a potential meltdown. Martha one of the worlds most dangerous terrorists in the crosshairs. Did an airstrike hit leader of isis or not . Well tell you the latest on that. Next phase in the battle against radical islamic terrorists of isis. President obama announcing more troops will be heading to iraq. Kt mcfarland is here with more on that. We will provide them Close Air Support once theyre prepared to start going on the offense against isil. But what we will not be doing is having our troops do the fighting. En fees on savings acc . Thats right. Its just that im worried about you know hidden things. Ok, whys that . No hidden fees, from the bank where no branches equals great rates. Wouldnt it be great if hiring plumbers, shopping online is as easy as it gets. Carpenters and even piano tuners were just as simple . Thanks to angies list, now it is. Start shopping online from a list of toprated providers. Visit angieslist. Com today. Eric the nurse who became the center of a quarantine controversy in maine says she is leaving the state. Kaci hickox was ordered to stay indoors for 21 days. That is the incubation period for ebola, that after returning from working with ebola patients in africa. She refused and flaunted order by going on brazen bike ride with the boyfriend. The couple is planning to leave the state after the court order expired today, saying theyre disappointed the way they have been treated. Theyre going to Southern Maine for now. No word where they may eventually wind up. Martha so the pentagon is now skeptical about iraqi claims that the leader of isis was wounded. Baghdadi reportedly wounded in the Coalition Airstrike over the weekend. Now there is question on that. Meanwhile president obama is doubling down. Saying he ordered 1500 troops into iraq is quote, a new phase in the fight against the Islamic State. Rather than just try to halt isils momentum, were now in a position to start going off on offense. The airstrikes are effective in degrading isiss capabilities and slaughtering the advance they were making. Now what we need is Ground Troops, iraqi Ground Troops that can start pushing them back. Easily said. Easily done is another question. Kt mcfarland our Fox News National security analyst. Everybody would love the president to be right about that it that everything is going well. What do you make of our doubling of troop presence on the ground. Not combat troops he made very clear to 3,000 special advisors. Quote the former commandant of the marine corps, not a snowballs chance in hell this will work. This is sign of president who never learned lessons of vietnam, iraq, afghanistan, even libya. He will send in just enough forces we dont win and we dont fail but done it for political cover. Why . Because he doesnt know what else to do. He will send some forces in, see im doing something, succeeding it is great. When it fails he hasnt made a big commitment. He thinks he can weise el out of any political accountability. We look at the situation if we go in and do it or if we cant get out. To put incremental forces in, a prescription for disaster. If we couldnt stablize iraq with over 100,000 troops well not do it this way. If we couldnt train and equip the iraqi army with over 30 billion of expenditure were not going to do it now. Martha once again the president is going on his own guidance rather than listening to commanders on the ground. In iraq they wanted to have more troops on the browned in order to stablize iraq. Afghanistan, same story. Libya, which we involved in a partnership in, same story as you pointed out. It raises the question if youre not committed to winning, should we not have anyone on the ground there . Those people are very much at risk if there is not enough to back them up, are they not. Our own forces are at risk. We need to take a step back. Why do we care what is going on . What does it matter to america . Historically it has been oil, and terrorists and israel. We wanted their oil and didnt want their terrorists and didnt wanted to support israel. We dont need their oil anymore. We the United States, found, ability not only energy selfsufficient for ourself and Energy Source for the world. Who cares about middle east oil in that regard. Number two, tears rift, we now have the ability with data mining and big data to track people we think are suspected to have terrorists leanings and inclination. We have to take the Political Correctness handcuffs off. We can find those people. As for israel. They dont want military forces. Help and military aid they need to do the job themselves to protect their own integrity and their own survival. They dont want a president badmouthing them or badmouthing them with disparaging comments saying theyre finished, et cetera. Martha sound like youre making an argument for not being there . Im making an argument if were not committed to do it right way dont get involved in sort of incremental way because it wont succeed. What would succeed . United states pushing for Energy Independence on our own. Accelerating our own energy programs. Going to our own partners in the region, israel, egyptians, and moderate arabs saying how can we help you do the job . The president will end up doing, will cut a deal with iran within the next two months. Here is what the deal will look like. They will lift the sanctions. They will pretend to stop their nuclear program. Well pretend to believe them. Well get air support as the president talked about, iranian military, iranian leadership, iranian top general in iraq they will be the ground forces. Well end up being air force for iranians of the wait a minute, werent they just a direct and existential threat to the United States as Nuclear Power . Martha i can not even imagine. They will have that conversation. Martha i hope we dont but well see what happens. Albaghdadi, we talked about the beginning of this segment the fact there was word that weighs wounded. What do we know about that . We dont know a lot. The Iraqi Military claimed they either wounded him or killed him. They attacked the headquarters in mosul, a major city controlled by ice systems we dont have any independent confirmation. We may not have any independent confirmation. What we know about baghdadi, he is really clever. He is strategically important. He crafted isis out of the old embers of al qaeda in iraq. He formed a military. He has military and leadership group. He has bonn into regions. He is formidable enemy. He is personally charismatic. If we or our allies were working with can get rid of him that would be a terrific thing. He is carries mast tick as bin laden was. If we have wounded him he will lash out at america and americans or anybody else in the region. Hard to believe he gets worse because beheadings and are pretty bad. To corner baghdadi and injured one is more lethal. Martha brutal, vicious force in the region. We need to know were doing enough to stop it. Kt, good to see you as always. Eric. Eric after the tuesdays sweep the stakes are high for republicans. They take control of congress in january. What can we expect . Senator jim demint joins us live. Martha enrollment set to begin underway with obamacare. Will we see a repeat of last years problems with the website. The feds say the website is ready to go, folks. There are new reports that backup plans are being set up. Maybe that is a good idea. Well be right back. There is no doubt in implementing the Affordable Care act, a program of this significance, there will be some glitches. No doubt about it. There are things that well say, you know what . We should have thought about that earlier. Comfort keepers can provide a variety of Inhome Services for your aging loved ones. Well assess their needs and create a custom care plan that can change as their needs change. Eric millions of americans are prepared to sign up for Health Care Insurance during the open Enrollment Period on obamacare there are some new fears that the obamacare website, y yep, it could have another meltdown once again. The Obama Administration is assuring people the site will work. Reports are saying they have backup plans in place just in case that site crashes yet again. Like every new law, every new product rollout there will be some glitches in the signup process along the way that we will fix. Ive been saying this from the start. For example, we found out that there have been times this morning where the site has been running more slowly than it normally will. The reason is because more than one Million People visited governor governor before 7 00 in the morning. So will it work . Fox Business NetworksStuart Varney joins us. He is of course host of varney company. Stu, did they learn the lesson the first time or will people be frustrated yet again . The stakes are extremely high. If this Enrollment Period begins on saturday, by the way, if it document go well, republicans new congress, dominated by republicans eager to fix it or repeal it. Republicans dominate state governments this time around, also eager to fix obamacare. So it better go well. Here is the initial telltale signs. There have been, private memos released in the Washington Post which suggest that theyre taking precautions just in case there is another melt down. For example, last time around a lot of people got shunted off to the blue screens of death. The system was overloaded. So off you go to this blue screen. Nothing happens, very unsatisfactory. This time around, if the system is overloaded, you get shunted into managed waiting areas, not as bad as the blue screen of death but still the waiting areas. Eric are you going to know if youre in managed waiting area and blue screen of death and nothing will happen as you try to click on . It will be managed. You will be told youre on the wait, that little waiting room. There are still testing for security. Theyre still testing the Small Business application process. Eric okay