fees. thank you for joining us and have a great night. we will see you tomorrow. >> good evening everybody. thank you for being with us the dow breaks through another record today a new found industrial optimism of earnings season and the rally of the commodity market. dow jones industrial average closing at its all-time high and the s&p added five and a half points closing under two points from the record high it reached last weekend the nasdaq up 16 points. stocks getting all live from a promising start to earnings season. now only 25 of the companies

have reported so far in the vast majority have topped the targets. we are off to a good story even with a small sampling. even today the rally is a paper gain of 1.8 trillion dollars for the wilshire trillion index we will talk to the president of seaports securities and get ready for fireworks on capitol hill harry reid today announced he is holding a showdown on thursday on the efforts to roll back the second amendment and we will have a live report to talk to the congressman about the prospects of gun-control, so-called immigration reform and the president's budget. also mounting speculation that north korea could carry out a nuclear test or missile launch at any moment , fox news military analyst joins us on the

worsening rhetoric and what action, if any the united states should take to make sure the conflict remains rhetorical. we have a busy day on capitol hill following the two week easter recess. battle lines forming over immigration reform and the president's long overdue budget as the president makes another attempt to get skeptical senate republicans. and henry has our report. >> one day before she reveals the new budget president obama faced more ink from his liberal allies. protest over the way inflation is counted with cuts in benefit sparked protest outside the white house.

>> real democrats do not cut social security, medicare or medicaid. period. the president's aides said it will be a balanced approach with our tax hikes and some entitlement cuts to bring republicans in on the grand bargain. >> this that is but for tomorrow is not the ideal budget. >> wednesday night is part to of dining with the senate republicans at a pivotal time all of the second term legacy items are reaching a critical stage from immigration reform to the budget where the president has to decide how strongly he will fight. >> this is a step for the right direction if you don't embrace reform and social security and medicare they will voted down. >> also another key agenda item as harry reid has

forced a showdown vote on thursday. >> i hope republicans will stop trying to shut down the debate. >> one remarkable woman who has a background in psychology and psychiatry said how do they explain not doing anything? my little girl, my baby was hiding in a bathroom and was shot through the heart. senator isakson agrees it is time to go to e. is not ready to support major gun control. >> that will not vote for limitation or a ban on weapons i will listen to the background checks that has not been written yet. >> they said several will vote to end the filibuster

but not have the simple majority to pass extended background checks what the president has been pushing for. there has been hoped they would have a bill on the floor as early as this week but we're learning that has been pushed back until may so that is another delay for the president. lou: is there a sense that there is difficult trouble? >> no doubt talking to the advisers in private they say the talk is sticking. there is only so many legislative days before congress breaks then they go into campaign mode for 2014 and some are already there or never even left and the bottom line is yes. and time is ticking.

>> that campaign mode it is difficult to discern where it continues. >> north korea tells of orders to evacuate self curious saying the two countries are on the verge of nuclear war. officials say staffers are not going anywhere. earlier the top navy commander of the pacific said the united states could shoot down a missile if north korea does launch one in the next couple days but only if it poses a threat to the u.s. interest. >> if in defense of the homeland i would recommend the action or in defense of the allies. >> would you recommend we intercept a missile with it is launched by a north korea a matter where the intended target is? >> i would not recommend that. lou: joining us now former

vice chief staff of the army and military analyst. actually to say more for the audience benefit, let's hear the rest i guess we don't have the rest of it. he said he would not launch or intercept the missile if it clear if not launched against one of our allies or clear against our interest. do you agree? >> we should only defend ourselves if targeted on something but to if there is any doubt i would shoot to it. face it. we have to be careful at the same time demonstrate resolve for the allies in

the region. everybody is concerned about a miscalculation to escalate these activities to force kim jong to take a provocative step. lou: everyone i have spoken with says it is the unprecedented level of rhetoric given the context of the relationship between south and north korea and with the united states. do you perceive what interest kim jong is pursuing or his strategy? >> we don't know because it is a closed regime. he is surrounded by much more senior people but clearly there is a strategy. the only thing we can do is look at the pattern from the past. they had viewed rut -- rhetoric provocative acts in get concessions from south

korea and the united states. that has been successful through the many decades. the other thing he is frustrated as the new leader to prove his strength and capabilities by the u.s. lead and imposed sanctions that china and russia support. i think that's got to him to help trigger some of this. lou: we have almost 30,000 troops there is the presence of those troops constraining ? lorin is it a problem for u.s. military leaders? >> we have been there since we signed the armistice. we're there to help defend south korea. that is the mission may your shoulder to shoulder who

have a cable military force. they number about 1 million and they have tens of thousands of artillery pieces within 25 miles of seoul korea. it would be devastating for us at the 10 million people so we are there without any doubt so he understands the evidence of that step, he would lose his regime because we would ensure that. that is why we are there. lou: what is the doctrine that says to any north korean leader that if you do fire that artillery which is devastating particularly around the environment that is the results do we have a doctrine that says there would be assured destruction for north korea if they would carry out such an

attack? >> our plans are solid and updated continuously. we have updated improvement. make no mistake we're all in with air power and land forces and would counter by invading to go for the jugular as quickly as we can't and begin to systematically take the regime down once and for all if the invasion took place. will counter first then simultaneously giving up on him with the command and control system with the logistical infrastructure to systematically take the regime down. lou: are you still confident a conflict can be avoided? >> i am. we don't know for sure you will probably fire a missile and i suspect the exercises will and at the end of the month than that will bring this chapter to a close. then we will wait because there will be another chapter.

lou: good to talk with you. much more on the nuclear threat and the endless rhetoric emanating from p'yongyang throughout the broadcast. we will be right back. >> not just the trillion dollar price tag obamacare has other problems to but you wouldn't know it by watching though liberal mainstream media. next. market hit another all-time record high. wall street veteran joins us to tell us what the hello, i'm alex trebek. for over 10 years now, i've been representing the colonial penn life insurance company, and i'm here today to talk with some of their insurance representatives about their guaranteed acceptance life insurance.

that was a really good point. hi, alex. hi, everyone. i thought it'd be interesting to hear from you what your customers say are some of the things they like best about colonial penn's whole life insurance. who's gonna start? well, it's guaranteed acceptance for people over age 50. they don't have to take a physical or answer any health questions. and it gives them peace of mind knowing that their family has some insurance to help cover funeral costs. and other final expenses. great point, and that's something everybody needs to plan for, especially in this economy. it costs just $9.95 a month per unit. it's an affordable way to provide protection for loved ones. yes, and that rate never goes up. and their coverage never goes down because of their age. they can get permanent insurance at a price that fits into their budget. alex: do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you should call colonial penn now. for just $9.95 a month per unit, you can get quality insurance that does not require any health questions or a medical exam.

your rate will never increase and your coverage will never decrease. that's guaranteed. now whether you're getting new insunce or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. they're waiting to hear from you, so call now.

lou: the dow hits a record closing high as earnings

season is under way. to give a perspective of what happened today the dow jones industrials' record high equities putting together the first back-to-back teams in three weeks and with 14,673 and a gain of 60 points within two points of the record highs and the nasdaq as the all-time high since march of 2000. the s&p is up about 16 points and the volume is up three-point to billion shares. technology stocks are hot and it posting gains of better than 3 percent and for solar is announcing the earnings outlook for the next three years is better

than expected. that had any effects the stock is up more than 45% to. what you think is going on? gold and oil up will closing up and with the 10 year treasury is rising. my next guest says there is momentum to the inside despite the shorts and the bulls bringing the market down. joining us now is ted weisberg from seaport securities. momentum to the upside and i swear everywhere i turn my hear someone trying to talk the market down for you feel strongly about it? >> it is a mistake doing this for too many years to

fight the fed and a mistake to fight the tape. despite all the bad news and the naysayers and perhaps the that the -- the bad news is bad and the naysayers are correct but the momentum clearly seems to be on the upside. said volumes are not you would like to see but yet the momentum is clearly on the upside. >> what kind of volume would you like to see? >> that is across 50 venues. at seaport we have the online and hundreds of not thousands retail customers we have seen no uptick in business as the market makes new highs. the general public, if they are in the market using a proxy but the public is not

in the market. sa as the institutional interest but it is amazing how little interest we see with there retail client base. lou: that has been the case since march 2009 and we have seen this rally up, does that make you anxious with so lofty juncture? >> stocks are a lot more expensive now than they were three years ago. in 2008, 2009 was that the wounds are deep and open and the pain is still there. that is why the public is not in the market. i am not nervous i like the market that basically does what it is doing. it is not frothy at all it is priming the pump also bet lou: or reducing?

this is strong stuff. >> we're not at that stage left i don't think the rising tide is floating all ships. the nasdaq is behind the highs of 2,000 but the interest in stocks is narrowing to the companies that pay decent dividends because the vultures are still chasing yield. lou: something else. we watch with the repurchase, reid buyback programs to buy back the shares not the level of ipos but a static or dwindling issues which has got to be positive. >> that is an excellent point* you don't hear people talk about it but there is a shrinking supply of equities

from good companies and bad companies with supply and demand. >> that is the trick. >> they give us a crystal ball. and there is a close proxy to that. coming up the president releases the budget again tomorrow. two months late with it dead on arrival or if there are original ideas in net? that the republicans like to do embrace to ignore the cost of the chaos of obamacare but those are getting bigger and the chaos is rising. we will lay out what is going on with the signature achievement with the "chalk

talk" tonight. you don't want to mess it@

>> the second thing that has been more difficult is the politics have been relentless and continuous. there was some hope once the supreme court ruled in july than the election occurred the sense this is the law of the land let's make this work period we find ourselves still having state-by-state political battles. lou: day you feel sorry for health and human services secretary civilian submitting robing obamacare has been a lot more difficult than she expected. it has been almost three years it is a bill with 2700 pages.

2700 pages of obamacare. and only 20,000 pages of regulation. i don't understand why anybody would imagine that would be complicated or difficult. 61 pages just to apply for obamacare. i can see why she would have thought this would be no problem. our viewers have known from the very beginning about the obamacare nightmare. but anybody turning into the big three networks are not getting access to these facts. the media research center looked into it and here are their findings. the senate voted to repeal the medical device tax, i guess what happened?

abc and cbs and nbc devoted exactly this number of stories to the issue. that's right. zero. march 26 the study of society actuaries' i bet you did not know there was one but if you have a society actuaries is one of the first you want to have faith and obamacare will cause a huge spike in premiums, premiums, 32 percent. remember the president promised no increase of premiums? some states claim 80%. abc, cbs and nbc this is the number of stories they committed to this subject. right here. april 3rd the obama administration admitted the exchange's was a small miss to provide health care

insurance and will be delayed by one year. abc, cbs and nbc reported on that is exactly that. and on april 4th the pulled releasing showing 78 percent of voters expect would have no effect at all 15% who think it might help? you would think that abc, cbs, and nbc would at least cover this but once again the watchdogs at abc, cbs, and nbc the saving just like the lapdog little tiny pink poodles. big hits and big money the nfl paces the former players in court. "dobb's law" takes up the nfl brain injuries.

no white house to workers but the obama is not singing the sequester blues and the white house goes ahead with the all-star jam cussed. obama to deliver the budget only 65 days overdue and when congressman tells us of house republicans are ready with the spark miles card from capital one, bjorn earns unlimited rewas for his small business take theseags to room 12 please. [ garth ] bjors small busiss earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth why settle for less? ahh, oh! [ garth ] great businesses deserve limited reward here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? ...amelia... neil and buzz: for teaching us that you can't create the future...

by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. [ male announcer ] how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa, and the aerospace industry in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. with investment information, risks, fees and expenses all stations come over to mithis is for real this time. step seven point two one two.

rify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it. siemens. answers. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.

lou: n jay kearney promised obama as 2014 budget will cool mac blow your mind'' we will find out when it is finally released 65 days pass the legal deadline and it ought to do something. it is filled with plenty of new taxes and spending but nothing close to being balanced and that does not blow our mind. joining us now is great

walden from oregon who chairs the national republican congressional committee. is great to have you with us. are you ready for your mind to be blown? >> i am afraid it will be my wallet that will be blown. real be filled with the same gimmicks. i don't have a lot of faith than the budget that is 65 days late. he had time to do brackets for march magness and play golf with tiger woods and go back out to sanford's is go now we have a budget it is hard to take seriously at this point*. lou: you are not saying he is and working do you say he prefers that to working? >> i am letting a the fact speak for itself the dead to it -- deadline was february february 4th if you showed up tomorrow do you think they make question mark you have been?

you have to go back to 92 years to find a president has been this party. you would be in detention. lou: you are trying to get me fired or put in detention >> but you shine -- show up for work every day. >> millions of americans do. but 23 other million americans don't either because he is in working on creating jobs but i don't understand what republicans are doing about that either. i am a little concerned. >> that is a fair question but it leads to the each three years we passed a budget that leads to balance and we don't raise taxes and repeal obamacare to talk

about the other issues there is $1 trillion of new taxes just with obamacare than those lost jobs are depressing to work with americans. our budget balances to gets on a pass to create jobs burger you hear a lot about that going forward to be more energy independent not just gas and oil but when about the of keystone pipeline? and the president should sign off to get it going. >> we said the department said -- said okay and it is within his power to move ahead but the delay is peculiar.

it is the largest income been to president and he is the only president to miss the budget deadline for out of five years. with all that said it will amount to a hill of beans if you blow another election like you did in 2012 and 2008. the midterms are the big leagues for you guys. >> those matter of law and in 2010 we got the biggest majority in the house since world war two and the last election was tough but we held on to the second biggest majority but we have our work cut out for us we have to have a positive agenda that we will talk a lot about because americans want to know more than what you are against we're forgetting middle-class americans back to work one

full-time job as opposed to do to with three part-time jobs. there is a lot we could do with energy development we will have hearings this week that is usually important in a district like mine that suffers 14 percent unemployment there is work we can do. lou: republicans were supposed to be against higher taxes and we watched the game to play in that house and senate talk about gun control and stripping americans. >> that is not us. lou: you talk about immigration reform when most of this damned republicans would insist without qualification or equivocation, border security so there is a coalition and also be see a president who has not been

open and transparent as promised and now the house as being more secretive with its deliberations around immigration. >> the gain of eight is actually in the senate. i was with john corning earlier today and there are others to buy to know what is going on so there has to be the open and transparent process. lou: the republicans are denying that access to more information. >> that is not write it should be no process and certainly any legislation going forward will go through with the house but you hit on the important point* first is border security that failure of the 86 reforms that we never secure the borders a way never stop to the future problem. so you are absolutely right with border security is where you start but to get

our economy going in america and back to the president's budget. lou: there is no group working right now in that house on immigration? >> no i am not saying that. lou: how many? >> what is this when you have people working behind closed doors? is that the way the republicans want to work? >> waited a minute. they're all types of discussions that go on to find common ground. what comes next is to go to committee, you have hearings all been shoot everybody. want many become law because you say is there something we can work on for a starting point*?

then you put it out to the committees or the floor. that is the regular process but it is no different than in your world to talk about what stories you do today than you do the interviews and have a public process 27 you get me into your metaphors. i had enough constraints here. [laughter] >> that is from my old days of broadcasting. lou: you have a president who said he would be open and transparent and has been everything but. you have the republicans in the senate with the immigration reform and have denied a request that is wrong. you have a group doing the same thing in the house of representatives buy you on not asking questions.

this does not feel right. >> diana stand but. lou: to win seats this is free of charge. >> all types of meetings take place. lou: i understand. i could be wrong. >> i will not say that you would never have me back on. [laughter] i have to be conciliatory. >> this will be an interesting election i hope you pick up the transparency >> every hearing out there is no streamed and available to the public with cameras in the rules committee. lou: you have american citizens all over the country or will we have the showboat?

>> i am a big proponent of a public process. lou: always good to talk with you. you are invited back immediately. please join the conversation at lou dobbs.com and even on the at lou@loudobbs.com. forget sequestration hollywood royalty descending on the white house exclusive party. i know citizens still cannot go to the white house. don't worry about it. don't worry about it. we will be right back.

shoot. now with the share everything plan from verizon, connect your camera, along with your smartphone and tablet. all your devices connected by one simple plan on the powerful network. record video. connect more. so you can do more. the share everything plan from verizon. add additional devices like the samsung galaxy camera for $5 monthly access. lou: a whitehouse throws a star-studded concert celebration despite the fact we're in the middle of sequestration cuts and among those set to perform our

queen latifah, us in the locker, justin timber lake the concert in performance at the white house series is a special to benefit pbs with its no record of liberal bias. they picketed to eric on local public stations to show it to servicemen reid doubt that many of those serving in the combat zones are eager to watch hollywood royaltye and the president putting on the dog at the white house. maybe i am wrong. up next fed child goes from not normal to bizarre. new reports that she wrote a manifesto in prison justin k. -- just in case she became famous we will bring it up with our prosecutors

this is america. we don't let frequent heartburn come between us and what we love. so if you're one of them people who gets heartburn and then treats day afr day... block the acid with prilosec otc and don't get heartburn in the first place!

[ male announcer ] e pill eachmorning. 24 hours. zero heartbur

and. lou: other shocking turn in the murder trial testimony focusing on a manifesto while in prison and prosecutors maintain she wrote the documented and want it printed in case she became famous and prosecutors referring to her signing or autographing copies of the manifesto. the prosecution is using this to challenge testimony from of violence experts that she suffers from low self-esteem. continuing today in a philadelphia court discussing of concussion

risk for n.f.l. players today at issue more than 200 lawsuits that represent more than 4,000 former players who accused the nfl of'' deliberately and fraudulently concealing the dangers of head trauma. this cost of the billions of dollars in damages also seeking treatment for neurological injuries sustained during their careers. the nfl is trying to have these dismissed maintaining the nfl collective bargaining agreements prohibit former players from pursuing their claims in court. joining me now is least we'll in former prosecutor faced jenkins. this is what is going on and it is remarkable. little attention for such a big case give us your thoughts. >> it did change the game for ever and the judge for the arguments what will

happen will this go to arbitration under collective bargaining or will we hear jurisdiction in federal court? it is for claims like this so the court case stays out of the affair which is what they prefer to reduce. >> it changes collective bargaining even though there is an agreement i will take it to trial because it allows all sides to say we go to arbitration. lou: there is the implication is not the assertion that the nfl was fraudulent with the interpretation that they ignored with danger and risk to the players. does that itself taken out of collective bargaining and move it to a trial? >> it might with the

criminal realm with fraud it could even be a statute of racketeering type of charge that is a real stretch but it is possible. they knew about it and meanwhile. >> when they go the extra mile not only did they know about it but they actually concealed the science. lou: we will be back and find out if these so-called arbitration process and procedures anticipate something like concealing potentially deadly harm done to the nfl athletes and also the latest on the jury these areas trial who has been writing away in case she gets famous. gets famous. you can [ male announcer ] you are a business pro. governor of getting it done. you know how to dance...

with a deadline. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. this is awesome. [ male announcer ] yes, it is, business pro. yes, it is. go national. go like a pro.

lou: we're back with lis wiehl and faith jenkins. this, what happened, i'm stammering because i can't believe it. a father's pistol license was pulled after his son, 10 years old, was suspended at school for making a water gun threat. i have never heard of this. >> no, no. talking about it. we don't know if the water gun was there. the 10-year-old kid is suspended. the police come in and suspend the father's pistol license. nothing to do with the kid. ajuding these separate. this is a zero tolerance policy. lou: what in the world zero tolerance mean? you suspend your intellect and judgment? >> in some cases it appears that is what's happening. it means anytime there is reference to a gun, a weapon, violence in school, it is zero tolerance and people are being suspended. lou: talking about a 10-year-old.

>> things like going bang, bang with a finger. lou: a poptart to make it look like a gun. >> a girl is sus spend because she has a hello kitty bubble gun. lou: these educators are the closest at least in proximity to role models for these kids. we've got educators, administrators and teachers acting like absolute buffoons. >> lou, i don't have a issue with suspending a student for a day or so? lou: really? >> the school has not released official statement about facts what happened. i think perhaps something was said that was inappropriate. lou: what was said? what could be said by a 10-year-old? >> something in reference to going home to get a gun or something like that. that is very serious. >> what about a water gun. >> not sure. not sure. that's what we've from i think the family --. lou: let's go to another, another case that find fascinating. jodi arias. >> oh, my goodness.

>> a manifesto, in case she gets famous? >> signing it in prison, right. lou: now they decided that is a little problem for the argument that she has low self-esteem. >> she is so fragile and has such low self-esteem and such a victim. despite the fact the fact that shot her ex-boyfriend. >> she wants her i.q. tested because she is as smart as albert einstein. this is to the defense witness, lou. the witness witness, lou. you got to love this. no self-esteem problems there. lou: it must be helpful to have that kind of iq as you're writings manifestoes in prison. >> you never want this to come out. lou: two million dollars on this case. $2 million. >> but the prosecution put their case together in two weeks and presented it. the defense is dragging this out. lou: you guys get paid by the hour.