>> so you plan to switch to tea. okay. you are in the clear. kennedy: and there you are. thank you for watching. good night. >> good evening, market today have their best day of the year, boosted by a rally in apple, some better than expected economic news, mostly higher earnings, apple stock rising over 2.5%, best one day advance in more than two years, after company reported a 13% increase in profits, however, apple stock trading lower in extended trading. >> yahoo! beating expectations, on earnings and revenue, existing home sales reported a one year high in september, a very good day for visitors, dow industrials rallied from opening bell up more than 200 points on the day, wilshire 45,000

measures paper gains at 450 billion dollars, and protestors in ferguson, missouri, warning that quote, all hell will break loose if a grand jury does not return an indictment against officer darren wilson. when does a warning become a threat? the latest for you on what is a constant protest in that small missouri city. and president obama tonight macking it more difficult for vulnerible democrats to disstrain themselves from his failed policies and his sagging approval ratings, mr. obama reminded voters no matter how far democratic candidates try to distance themselves from him, they have supported him every step of the way. >> bottom line, these are all folks were with me, they have supported my agenda in congress, so, yous not about my feelings being hurt.

these are folks who are strong allies and supporteders of me. >me. >> president's damaging words with democratic senate candidates trailing in all but two of 10 competitive races. with early voting reports showing a clear republican advantage in voter turn out. president obama has become so toxic on the campaign parade, onone -- trail, one of two evens he attended resulted in droves of people walking out as he talked. first lady has been called on to headline 13 events for 10 different candidates. here she is today in iowa making fun of herself for mispro announcing or candidates name. >> let's say that one more time, bruce graily.

some of you may remember the last time i was here, i -- no, got it wrong. a couple of times but i sort of laughed at myself, i thought people should follow me home, because, talk to malia and sasha, i never call them the right names. lou: they say a spoon full of sugar helps. >> big money also playing, major role in this year's midterms, republican national committee today announceing raised dollars 13.5 million in the last month topping democrat take of $10.2 million, rnc out raised dnc by more than 20 million in in cycle however. one group keeps it closer teachers unions, with more, fox news chief congressional correspondent mike ayman yell witirkemmanuellewith the report.

>> inclose gubernatorial and sense to the races. >> ads like this one running against thom tillis in north carolina. till is the speaker of the house in raleigh has been attacked on education funding. >> it is false, since 2011 we're spending a billion more a year in education, this year, we provided average 7% pay increase for teachers. >> teachers unions have generally favored democrats, 90% 90 plus of their money goes toward democratic candidates or against republican candidates. >> in kansas, governor sam brownback leads in the politics average of recent polls by

6/tens of a points, a target after cutting 56.6 million dollars from public education. >> we've been focused -- u.s. and gubernatorial elections. >> reporter: american federation of teacher president has been more blunt, accusing candidates and interest groups of trying to marginalize unions, demonize teachers and dampen the vote. an expert said that cash from members dues makes the unions a powerful political force. >> they generate a lot of money for democratic or liberal campaigns or against their own opens, from the public employee union members who receive salary from public taxpayer funds,

union members don't have much choice. >> among concerns for unions are republican led effort to stop them from automatically deductions dues from teachers paychecks, the fear that educators could resist paying them. and union would not be same political force in the future. future. lou: thank you, mike. america's cost to fight the islamic state in iraq and syria is rising, pentagon spent $424 million on what it calls operation inherent resolve. that is 7.6 million each day for airstrikes and support, some spent as islamic state terrorists, capture airdrop weapons, intended to aid kurdish fighters. fox news national security correspondent jennifer griffin with our report. >> reporter: new images from kobani show massive explosions

from airstrikes targeting isis fighters, the defenders, kurdish forces appear to be getting stronger. >> we've worked on build up the capacity of local fighters in iraq and in syria. >> isis is also trying to win baxter torrey in iraq -- territory in iraq after launching as many as as a dozer more attacks again target, for first time, since fighting began, turkey will allow iraqi kurdish fighters to cross into syria and reinforce fighters in kobani. turkey wanted to wait, until the kurds were depleteed, and diminished before it stood up against isis, i think that president obama called, and said, if this town falls, and there is genocide it is on your hands. >> a new video on-line, isis claims it has captured weapons and ammunition dropped by u.s. military that was for the

kurdish forces defending the syrian city. >> we know that part of isil strategy here is to wage a propaganda campaign. that is why one of our lines of efforts has been -- >> one of 28 cargo packages went off course, and claims to have carried out an ache strike -- airstrike to prevent aid from falling in wrong hands. some fighters tweeteed appreciation for the supplies. fox news. lou: turning to effort to prevent an outbreak of ebola here, there is still no travel ban but anyone coming in on u.s. from three of ebola stricken west african countries are now is required to en tur through one of 5 airports. the new czar, ron chain starts

his job tomorrow we're told, but insiders say that job is temporary, a stepping stone to be counselor to president. world health organization officials hope to test two vaccines in west africa, as early as january. a spanish nurse who became first person known to have contracted ebola outside of west africa today was declared cureed of the disease. >> we're coming right back. >> the toxic president, uncome on the campaign trail, president obama tries to tie himself closer to the vulnerable democratic candidates who are doing their best to avoid him. >> why is mr. obama doing that? we will take up the answers here

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lou: georgia democratic candidate, misch will non none n trouble. >> what he does not tell you it was taken at an even honors president bush. i worked for as ceo of his points of light foundation. throughout my career, i have been able to work with republicans, and democrats. and that is the same approach i'll bring to u.s. senate. lou: according to former president's spokesman bush does not want his image used in her campaign he is backing nunn's challengeer david perdue, and bush's office has made requests for her to stop features the front president. >> joining us, washington times on line opinion editor among

cacrowley. and contribute -- monica crowley, and dana lash and her brand-new book. this is a cover. hands off my gun. defeating the ballot to disarm america. >> thank you, lou. lou: it has been a while. let's start with multiple new polls. looking at how concerned that americans are. about the direct of the country going into the election. any surprises there, that have alluded us? >> not so far, have you about 2/3 of american people saying that the country is on wrong track, concerned and uneasy about standard issues like the economy, jobs, and terrorism. now wild card with the ebola crisis, that put most of the american people over the edge. they were queasy about the administration, and democratic party and this president it begin with, but the mishandles of the ei ebola crisis, i thinka

lot of people have said, this is the straw that breaks the camel's back with the democratic party. not that republican party is so grade, but the democratic party under this president has been so bad. lou: you know, as dana as we look at these numbers in poll results, this president is at almost, record high disapproval, yet, we look at races they are tight. this is not going to be a cake walk? >> no. i think down in kentucky we'll see mitch mcconnell squeak through because alison -- coasting on legacy of her family. that is why she keeps both names in there, something else is not mentioned enough, in with these polls is the demo of the security mom, when is last time we heard about security mom, in

2001. new diagramcraticrat -- demograc of mothers, soccer moms for clinton, and security moms for bush. ithey are back. national security is their top issue that is where obama fails the most. lou: polls show women backing away from this president. we should giv -- we're not monolithic, but married women, supported romney, and single women went for the president in 2012, which way do you think it will break to election day? >> hard to turn entrenched demographics around, what is interesting is the democrats bogus war on women that did have traction for them in 2012, we saw women voted for democrats and obama. in huge margins. now that is no longer the case, i think that dana hit on this security mom. the rise of isis, islamic cav

fate, we -- caliphate, and we havwemay have to send troops bao iraq. that has the security moms attention. they are realizing there are serious issues that threaten this country, this focus on problem solveers. lou: this president has misrepresented his administration, as misreported out right the success rate against al qaeda againsts islamic state even. and how serious a threat it was, to wil coming domestic policy, t george w. bush was a unilateral -- this president has -- he has doubled down. >> right, i don't know what his barack obama's legacy will be, they would not correctly either

from fear or because of party politics, i don't know what the excuse it they didn't' to identify the core of al qaeda, they kept calling them the core corps son group. but you know, you know in kind of going back to you know, how women -- there is something that tina brown said, in a interview, said that women feel less secure with this president. with this president, and his policies, and with those democrats in congress, i think there is something to that. i think that there is a uniteing factor, there is something to that. lou: turn out, republicans in this midterm have is, historically, with a party out of power, getting more interest from their voters, we're told that republicans have a ground game this year. >> we hope.

>> that is really the question. >> we don't want to count our chickens. >> we heard that in 2012, they puting it a ground game it was nonsense, do they have one. >> they have a better truck infrastructure going into this midterm cycle, not because republican party has been so great or has been unifying leader or a message, they don't. but because this is now a referendum on the president, as he continues to say, much to the chagrin of his fellow democrats, this is a referendum on him, his policies. lou: i do know one thing country will like, your new book, hands off my gun. it just came out,. >> today. lou: and you can get this book, i am told, at bookstores, near you, even some distance if you wish to travel. or on-line.

we wish you much luck with the book. >> congratulations. >> thank you. >> and good luck. lou: and great to see you both back. >> thank you, lou. a lot of debr whether white house staged a love triangle as president obama cast his ballot in chicago yesterday. here is what happened as we -- saying it here, we report yo you decide, a jealous fiance jokingly told the president of the united states, don't touch my girlfriend. >> i really wasn't trying -- >> i am sorry, please excuse him. >> there is an example of -- >> this is embe embarrassing. >> no reason what so ever. >> now. you will go back home. and tell your friends about it. what is his name? >> mike. >> mike, i can't believe that.

give me a kiss, give him manage to talk about. >> take care. charles.>>ry report you decide, president went to polls to celebrate, some buzz about voting early, and so he did. and so there was. time for a look at our on-line poll results, whether you believe that president would trample on rule of law, and violateing the constitution by giving amnesty by executive order, 97% of you said yes. vote tonight, question, do you believe president obama is being more pet yo ulent -- >> obama administration placing travel restricts on those flying from westaff car, but nothing close t to what 2/3 of americans

are asking for. >> if advisory receives is different, and he gets advice for whatever reason is would be beneficial to the american public, and would enhance our safety at home for a travel ban in place the president is open. lou: why healthcare professionals? nurses and doctors and those on frontlines of caring for patients with ebola, say they are not prepared. next.

lou: coming up in moments protesters in streets of foe now threatening -- ferguson, missouri now threatening further violence if they do not return a dime againsindictment against tr that killed michael brown. but first, nebraska medical center moments ago, declaring nbc news mukpo free of the ebola virus. me will be released tomorrow this aftered. >> tests showed him to be

ebola-free. >> and the only two people who have considered ebola in this country are two nurses. both caring for patient thomas duncan. in dallas before he died o 8. now, nina pham is in a national institute of health facility in maryland, listed in fair condition, and amber vincent cared for at emory university, doing quote okay, according to her mother, our next guest said that government must do more to protect and prepare our healthcare workers for the ebola crises and others, joining us now, karen higgens copresident of national nurses united, and a registered intensive care nurse at boston medical center, the new cdc guidelines thas that hae come out, dealing with ebola, are they a marked improvement?

>> well, they are an improvement from where we were, are they where we need to be, no. it is great may made a stand at least teaching and repeating the gowning and ungowning needed. but the loophole is they actually, what is the equipment, they have not come out with a standard of what they expect people to wear. and we know is that we need to have full coverage, but whatever you are wearing needs to be prevent any blood or viral penetration. that will go through. and we have not heard that yet. that is not there. we still saying, we need a uniformed. standard, that is mandateed so every place, every hospital, in the country, that we'll all be doing the same thing. we do not want to repeat of what happened in dallas, and only way we can do that is by having a mandate of practicin practice.

lou: as you know. hospitals and medical care itself, varies greatly, within a community, within a city. and then from community to community across the country, greater variances and differences, and levels of care. it is certainly a very difficult thing, anecdotal, i heard nurses saying if someone tries to push a ebola patient into this facility, you know we'll walk out. we're not going to be involved. we don't have faith in or trust in the facility, management, state meet -- health care for federal health care, the cdc has taken a terrible hit because of the way in which they have handled the crisis. >> this is why we have been pushing, we know that why nurses are fear fuel is because --

fearful is what you said, there are no standards, we need a mandateed, we need to be doing the same treatment, and need to have safest equipment we can have. now, where does it come from? it needs to come from, is congress, and white house, and what we need from them, we need them to step forward, and say, we're mandating the certain level of what we need for safety equipment, and same level of education. and mandating at this occurs in every hospital in the country. so we're doing is we have a petition going forward on national nurses united. org, asking americans to go on signs petition, make the government put standard into effect so we know that nurses and healthcare workers will not be afraid, uses a my standard of care, knowing they will be well protected.

>> i think of amber and 9a, what they did to he or he hereoic. but, at the same time, those protocols that are inadequate eas you describe them is troubles for us who hear you, your organization, saying they are still not on the right path? >> no they still have a ways to go they need to make sure that not only are we teaching people to use the equipment right, but we can't leave it up to every individual hospital to decide what the equipment needs to be. that is why we are pushing it

has to be same standard, same equipment. we don't want what happened to those nurses. we know it works it is working in atlanta and nebraska, we know there is a level, if you provide that level of care nobody will be put at risk. that is what we are expecting that everyone should be able to provide. again we can't control hospitals so we need to have washington, and congress step in, and make that decision for them, so we can keep not only health care workers safe but public too. lou: and public needs to be participating in this. >> right. lou: fully informed on what is going on. arrogant indifference to public right to know expressed by cdc sa at out sit circumstance . >> karen thank you, we wish you well as you protect those who take such great care of the rest of us.

>> thank you. pat: 3.1 billion dollar is how much a new government report said that taxpayer spend on federal employees who are paid not to work. i'm not talking about a snow day here or there about more than 57 thousand government workers, payed to stay home for a month or more, many of them while awaiting results into an investigation, of their alleged misconduct. you can believe this? we're coming right back stay with us. >> details of ferguson, michael brown shooting leaked, what happens in police officer darren wilson is not indicted? next. [ male announcer ] eligible for medicare? that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan,

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lou: among the top stories we're following, the federal government is warning us the owners of nearly 5,000 automobiles with defective air bags to immediately replace

them. this affects certain models of bmw, mazda, nissan and toyota vehicles. and afghanistan's poppy production you will not be pleased to hear hit an all-time high despite the fact that the united states has spent $7.6 billion on counter narcotic efforts in afghanistan, although apparently someone forgot to destroy the poppies themselves. and hong kong's government today met with student leaders to end what has been demonstrations. those talks were not successful and future steps are uncertain at this point. ferguson, missouri, bracing for more demonstrations and protests following leaked testimony from officer wilson on the august shooting of michael brown. wilson testified he was pinned in his vehicle and feared for his life as he struggled with the

18-year-old who was wrestling with him he said for his gone. forensic tests shows michael brown's blood on the gun, the car door, and officer wilson's uniform. joining us now wall street journal editor jason riley also author of the book please stop helping us. a state senator down there was arrested last night protesting, she claims that she's offering an alternative to violence even as if it seems she can be looked upon as inciting these crowds. what are your thoughts? >> i think a lot of people are behaving badly in ferguson in the name of helping blacks and they're really only helping themselves. and that's unfortunate. i think it's unfortunate. we have these leaks -- you know, i have no inside information i wouldn't be at all surprised if it was a government official.

basically trying to prepare the black community and black america frankly for the likelihood that there will be no federal charges brought. lou: as you instruct that sentence, prepare black america, black folks in this country, but i would hope that we all could be prepared. and i think we would have been better prepared frankly had we heard whatever the conclusion is of these investigations down there. there are three of them going on. and the grand juries could have it seems to me reasonable come to some sort of decision already perhaps weeks ago. >> you're making the assumption that facts matter to these folks. they don't. there's a false narrative being sold out there by many irresponsible people in the black community. the civil rights leadership that wants to pretend that these blacks are being shot at the rate that they're being shot and killed in america because of cops. when the reality is is

that it's mostly because other blacks are shooting them. the black homicide rate in america is four times plus the national average and six times plus the white rate. and it's not because cops are shooting blacks. 90 percent of these homosexual victims are killed by other blacks. you have folks out there wanting to pretend it's the police at fault. lou: and the president of the united states has attached himself to this false narrative and he's in fact echoed it and echoed it and has not -- i've been frankly surprised (?) that he has been so eenengaged in participation rather than trying to offer genuine leadership to stand above petty politics and exploitative politics and trying to be a leader here. >> i don't think this president nor his attorney general has any problem exploiting racial division in this

country for political gain. i think this whole federal investigation was redundant. there was no need for it. it was done for optics. for him to show black america, he's doing something for them. he's not doing something for them in terms of poverty and unemployment, but he can launch this investigation and he can say at least i'm doing something for you on that front. that's what's behind it. optics. appearances. lou: it's too often we hear when words about this administration no matter what the issue is. it's particularly painful to watch it unfold because of the exploitation as you put it on the part of so many. politicians at various levels of government. >> and the overt racial appeals he's making these days going on shows like al sharpton's show and other shows. a sitting president. from a party that claims they went to be post racial, lou.

it's just shameful. lou: i think we are now convincingly post racial. >> i agree. lou: jason, thanks. president obama makes some real sense about the upcoming election. i know i said that. you want to hear why. stay with me next. new york state is jump-starting business with startup-ny. an unprecedented program that partners businesses with universities across the state. for better access to talent, cutting edge research, and state of the art facilities. and you pay no taxes for ten years. from biotech in brooklyn, to next gen energy in binghamton, to manufacturing in buffalo... startup-ny has new businesses popping up across the state. see how startup-ny can help your business grow at startup.ny.gov how in argentina,rass change engineering in dubai,

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lou: a few comments tonight on a topic which may surprise you. one of which i can say i honestly whole-heartedly agree with president obama. let me explain. earlier this month, president obama made just about every vulnerable democrat in the country cringe when he said this. obama: i'm not on the ballot this fall. michelle is pretty happy about that. but make no mistake, these policies are on the ballot. every single one of

them. lou: while just about every democratic strategist in washington, d.c. was puking upon hearing the president's unexpected candor. the republican strategists were cheering and were thrilled that their candidates were the beneficiary of his policies. insisting democrats who are keeping them away from their campaigns aren't really rejecting him at all. mr. obama's reasoning. how could those democrats really reject him, when they've supported his agenda, his policies in congress. well, he has a point. in fact he's validating again exactly what republicans have been saying about their opponents throughout this campaign. the democratic party has been for almost six years fully supportive of this president that they're now trying to disown. whether it is a matter of obamacare, whether it

is supporting him in scandals, whether it's supporting foreign policy that is obviously a failure, a failure upon failure after failure. and the truth is: there hasn't been an ounce of day light between president obama and democrats at all. not until democrats had to face the voters. and now explain how they could have possibly got this country in the mess we're in. cq roll call looked at democrats voting record and found all six democrats voted in lockstep with president obama. 90 percent of the time. north carolina's kay hagan, 96 percent of the time. now, she doesn't who know he is. missouri's mary 97 percent in line with obama and they don't want to hear his name or

see him near their state. 99 percent. now, that is solidarity and it is also clarity and i have to say, i'm in a bit of a shock because for once we've caught president obama telling the truth. it's kind of refreshing, isn't it? and our quotation of the evening this one from british philosopher, john stuart mill and his words for all -- all of us as we approach election day. the person who has nothing for which he is willing to fight, nothing which is more important than his personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself. be the better. up next the four major north american professional sports leagues. the ncaa team up against

new jersey governor chris christie. we'll about be all about why and how next. go ahead and put your bag right here. have a nice flight! traveling can feel like one big mystery. you're never quite sure what is coming your way. but when you've got an entire company who knows that the most on-time flights are nothing if we can't get your things there too.

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lou: new jersey governor cdc tonight facing another legal battle this time over a measure he signed into law. legalizing sports betting at race tracks and casinos in new jersey. major league baseball, the nhl, and the nfl and the ncaa all filing papers in federal court claiming a, quote, flagrant voiling violation of law. for all the days. joining us now to assess the legality of this,

revenge for nurses, it's quite -- >> revenge force. my face shows up. lou: mercedes. criminal attorney rebecca. a criminal law banned betting. how does this work if it's against the federal law? how can the governor sign it into law? >> you know, the governor signs it into law because he's trying to bring more money into his state. he's already legalized gambling. but he's saying those laws are antiquated. no more. lou: he doesn't like the law, to hell with it. >> my state should have the opportunity to run it within itself. and there's big money in it. i want it. >> federal laws are going to preempt state laws. that's not how it works. lou: i have to tell you how i think.

he screwed up casinos in atlanta city and now thamples work so he's going to try sports betting. >> there's a practical reality to every law. if the law is antiquated, it's a breathing, living law it's got to change. why? because atlanta city will be l become what it was before all the casinos. remember how black and black and black-and-white black-and-whited that area was. thousands and thousands of new jersey residents out of work. this governor i should say, (?) is trying another -- if you will, i think questionable in morality, that is gambling and gaming for an entire state that hasn't had an opportunity to vote on it or to put forward its own public initiative on it. >> that is true, but he's saying i need the money. in my state --

lou: he's raised property taxes 13 percent. he has the worst fiscal policy in the -- >> it's not enough. you bring in gaming. you go to las vegas do you see where most of the people are in those casinos. they're not in the slot opinions. they're sitting and watching every single game (?) for hours. that's the type of money that new jersey needs. >> and i think he's thinking there's some illegal betting going on anyway. he wants to take advantage of it. legalize it and try to make some money off it. of course, the nfl is saying no. lou: what are the odds they win? they're not doing this for a sport, as it were? >> it's hard to say. there's been a bit of a change and shift towards allowing the states to make their own decisions. >> it has to be. who is going to step? they're going to start petitioning the federal government -- lou: if this governor is serious about improving the economy,

raising the standard of living, creating jobs, then he has to focus on the jobs that new jersey is watching a massive out migration of citizens because of high taxes. when you get through with all the christie -- taxes are higher. it's antibusiness. >> you're right. >> taxes will be lowered if you have other revenue stream. lou: if we just bet on sports. are you kidding me? >> part of it will be revenue streams. >> maybe we should do something for corporate. lou: how about we do something for working men and women, the middle class, and cut the nonsense let's do it for big business and some gaming companies. steve, you're a pal that's the way it works. >> not after you said that. lou: ferguson, missouri, we're watching state litigators,

basically inciting, actually inciting it. (?) surely there is some constraint and recourse here. we are about a minute. >> the first amendment allows to us protest. that's why we have a constitution. it protects our rights to democracy. it doesn't allow us to be violate violent. now, down there, what we're seeing, some of these people stepping in the street. the police are saying, hey, this isn't even safe. please step behind the barricades. >> i refuse. >> we're going to have to arrest you. and that's what's happening. i me there's a level of, we allow a protest, but not when it's unsafe. lou: fifteen seconds for the last word. >> i exactly agree on that. if you're going to protest towncht in a way that's not going to comprise your safety and the safety of others. that's why law enforcement is saying enough is enough. we have to make arrests. lou: let me be clear both my

wife and i gamble. it's not we're opposed to gambling per se. >> that's it for us. i hate to end this discussion. i know you must as well. stay tunededededed my mother made the best toffee in the world. it's delicious. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side.

neil: tonight on cavuto, martin luther king injury with some advice to republicans when it comes to winning black voters. don't pay us lip service. tonight the battle for the african-american vote is on. then fbi, you hear about this the fbi's new push that could make your cell phone an open book. you heard about those nazi war criminals getting millions in cash. i want you to meet the congresswoman who is planning to take a stop to that. then think quick, which one of these is the clown? not the anchor, the other two. what if i told you both of t