make more money there. and alison and deroy will be here in mosts to entertain you for more, mr. matt welch, andnnl kmele foster, i am kennedy,you. thank you for watching. ♪ ♪ lou: good evening, everyone. the obama administration engaged in what is a three-pronged political battle engaging with the pentagon come if the governors and the american public about how to deal with americans returning from the ebola stricken region of west africa. fox news has confirmed the joint chiefs chairman, geneeal martin dempsey, has recommended a 21 day quarantine for all of our troops returning from service in western africa. the white house today however refused to say whether the president agreed, despite the revelation that the u.s. army is already quarantining for 21

days, 11 individuals who arrived working in west africa. the white house also not denying reports that they had pressured the governors of new york and new jersey to ease their mandatory 21 day quarantine, which they put in place last week from health care workers returning from west africa. >> members of this administration have been in close touch with state and local officials in new york and new jersey over the last several weeks. and i'm telling you that i am not going to detail specific conversations. lou: the cdc admitted today that those two governors have the right to enact the very policies that they relaxed under obama administration pressure. and nbc today poll shows the public united in this white house position. 94% of online respondents say the way supporting mandatory quarantine for anyone traveling to the united states from west

africa. also here tonight, "the new york times" reporting that the internal revenue service is now targeting small business owners. the irs reportedly confiscating bank accounts without notification. we will have the full report straight ahead. and hillary clinton on the campaign trail trying to explain that she misspoke when she declared that businesses large and small do not create jobs. here she is misspeaking. >> don't let anybody -- don't let anybody tell you that, you know, that it's corporations and businesses that create jobs. you know, that old theory of trickle down economics. well, that has been tried and that has failed. it has failed rather stuck accurately. [laughter] lou: mrs. clinton has already

claimed just this year that she and president clinton were gone when they left the white house. and that abraham lincoln was a senator. things are bound to be picked up in 2016. we begin tonight with good news in new york city, a 5-year-old boy who recently returned from guinea and who was taken to bellevue hospital for treatment has just tested negative for ebola. he was admitted to the hot the last night with symptoms similar to those of ebola. new york remaiis on high alert, the death toll overseas is astounding, nearly 5000 evil have now died of the ebola virus, of the more than 10,000 cases. the staggering numbers seem to have added no urgency to an administration will and to form up policies to work with the government and the medical system to protect the nation.

chief white house correspondent ed henry has our report. president obama's response to the crisis continues as the centers for disease control late today unveiled new guidelines to help those returning from west africa, even as the cdc is overridden. >> the state and local officials have broad authority to impose a quarantine policy in their own states and localities tour the cdc announced it will do nothing to stop a replay of the case of kaci hickox, who is kept in a tent outside a new jersey hospital after treating patients in west africa. doctor thomas frieden offered guidelines for voluntary isolation. >> what i am hearing from returning health care workers and others, is an interest in making sure that they are cared for effectively and that they are responsible so that if they do develop any symptoms come and they are rapidly isolated and treated. reporter: that means more

battles with individual governors like chris christie of new jersey who had joined andrew cuomo and instituting their own mandatory quarantine. kaci hickox was released after showing no signs of ebola and chris christie said he's not backing down of other health workers return to his state. >> iiam not going to stop boy for a minute ffom protecting the people of my stateeand our region tarmac under pressuree3 fr the white house, andrew cuomo scale back the quarantine for mandatory to vollnteer in his state. >> read my book, you don't have to read my book, but stay in a home for 21 the days will help four another mixed message as der williams and 11 troops were placed into isolation to make sure that they do not have ebola after a trip to west africa. the joint chiefs recommending to chuck hagel that all u.s. troops returning from west africa be placed in a mandatory 21 day quarantine. which puts the president in an awkward spot since he has rejected a similar quarantine for health workers because it

may discourage them from treating patients. >> sending u.s. troops into the hot zone without a policy when they come home. how could that have not been decided before? >> what we are seeing here is this administration put in the place the policies that we belleve are necessary to protect the american people and to protect the american troops were not this is setting up a remarkable dichotomy, josh earnest criticized officials for keeping kaci hickox in a tent where she says that her human rights werr violated and the army has ordered all returning u.s. troops into isolation. lou: ed henry from the white house. a dramatic report from "the new york times" revealing the internal revenue service seizing the assets of ordinary americans without suspicion of a specific crime. "the new york times" reporting agency is using a law designed to catch criminals trying to hide their cash.

and law-abiding citizens are paying the price. chief congressional correspondent mike emanuel has our report. >> i decided to fight because i didn't do anything wrong format is iowa grandmother runs a cash only mexican restaurant in arnold's park, iowa. to irs agent said that the agency at ease her checking account, nearly $33,000. >> i had to scramble and i had to borrow and i had to beg.3 i had to put money on my credit cards. as i have never done before. it has been a year from hell format the hell caused by the irs would under a law designed to go after criminals or terrorists by tracking their cash, says it has rest middle-class americans who haven't been charged with anything. banks are required to report cash deposits greater than $10,000 because they are considered possible signs of criminal activity.

but many times businesses need to make large deposits. there are some fighting back against this kind of asset seizures. >> when he judges to be engaged and force constitutional limits of seizing property. no one in america should lose their property without being convicted, let alone charged with a crime. that is what has happened here and it needs and four the irs is that it will curtail the practice being that the policy update will ensure that the criminal investigation continues to focus the limited investigative resources on identifying ann investigating violations within our jurisdiction. but so far there is no sign that the agency will return the money that it has. these individuals who own the store had $447,000 seized by the government more than two years ago and so far they have been unable to get their money back. the impact has been devastating.

the daily operating.hard to do does making it as a family, we are just holding our head above water four a lawyer representing some of the smaller businesses targeted says that quite often they never get their money back because it is too expensive to challenge the iraq and corps. say that the basic idea of due process is violated in civil forfeiture cases. lou: mike emanuel. thank you. three weeks away from the obamacare second open enrollment period. new report suggesting that consumers could see some of the same math that they saw a year ago. according to "the new york times", the backend of the obamacare exchange for the government uses to enroll people in the health care plans and send payments to insurance companies is still not finished. adding to perspective problems, web traffic is projected to be much higher with new consumers and many of the 7 million who bought private plans last year

flooding onto the exchanges coming november 15. we are learning disturbing details about the suspect accused of killing two sheriff's deputies and wounding two others in a shooting rampage in northern california on friday. federal officials say the 34-year-old may have lived under a number of different identities. he was reported twice to mexico and had drug convictions and investigators are now trying to determine how a man with his background could have avoided scrutiny and capture. we're coming right back, so stay with us. lou: does the constitution really apply to mr. obama? planning to a grant amnesty to millions of illegal immigrants. and ebola. does the president have a does the president have a policy?

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lou: former homeland security secretary janet napolitano during her support behind executive orders on immigration. in an interview with "the washington post" she said that if congress refuses to act underperformance duties, then i think it is appropriate for the executives to step in and use the authority based on want to take action. joining us now is bob goodlatte, the chairman of the house judiciary committee. it's good to have you here. he makes it clear that if congress doesn't act then and do what the pressdent tells them to do, then he has the right to act like a dictator in order what he wants congress to do. >> that's about it. it's a bad idea for a lot of

reasons, including public policy and it harms the ability of congress to do immigration reffrm and it violates the united states constitution. there's nothing in our immigration laws that would give the, notwithstanding the bad advice from the pollock, who to take the law into his own hands and rewrite it, if you will, to give millions of people authorization when the congress has not authorized to do that. lou: do you realize how many people in the national liberal media are following the wordsmithing expressed by napolitano and others, f @%ngress fails to do its duty, in other words that it doesn't do what he told it's told by th@ president, that they may act on any issue at any time. what can you do about it? >> well, will we have to do about it is to hold the

president accountable and my recommendation would be that we bring suit and seek an injunction restraining him from being able to offer work authorizations to millions of people. a lot of their trying to base this on is what is called prosecutorial discretion. and you take a hard case and they say maybe we shouldn't prosecute them and apply it to millions of people. it has to be exception of swallowing the rule, it's the wrong way to go about ittand it makes it harder for democrats and republicans in the congress to do the immigration reform step-by-step in the way that we have outlined starting with enforcement because no one trusts the president to enforce the law. those who agree with what he is doing, they don't want to negotiate and those that don't agree they don't want to rust him to carry out any new laws if he doesn't follow the law as it exists on the books today.

lou: have you talked with speaker john boehner who says that he doesn't approve of the president's plan based on the fact of his administration's order of 34 million cards for the next five years, he won't approve of it. but he didn't say that he would oppose it. would he support such a suit seeking an expedient review by the spring quarter? >> i don't want to try to speak for the speaker, but i do knoo that myself and my staff have been in considerable communication with the majority leader and the speaker regarding what actions should be taken if towardsident does what he seems doing. and i think that the speaker would be well advised not to play his hand before it occurs. because we continued to push him back already cannot do this very foolish thing which would cause

all kinds of have it in our country and in our economy as people see millions of people bypassing those who follow the rules and that legally immigrate to the united states, taking jobs from united states citizens. this is not a good thing to do. lou: as you say that, i don't think i've ever heard the president lament a time-consuming process that is necessary for most of those seeking permits and permanent residency for the extraordinarily long periods of time that men and women who immigrate to this country have to spend to be naturalized citizens. i don't think i've ever heard that. >> not only that, but when they do this it makes it even harder and even longer to think of the resources they had to divert when they did this for the dreamers. this will be 10 times as large and the resources are diverted from other immigration services that don't get provided for the people who are following the

rules and have paid the fees and file the ones and complied with the law and instead they go to the back of the line while the immigration service gets swarmed seeking something in my strong opinions the president doesn't even have the authority under the law for the constitution to give them. -ou: congressman cummiigs good to have you with us. bob goodlatte, chairman of the house judiciary committee, good to see you. it's time for a quick look at our online poll results. we asked the you believe the governors of new york and new jersey are right to establish a quarantine on travelers to protect the state. 98% said yes and they can "the today show", that old was only 94% effectively. vote in tonight's poll. the question is do you believe president obama is simply incapable of working with his own administration with congress? republicans in congress and the pentagon, state governors and foreign allies.

cast your vote at loudobbs.com. coming up next, the constitution protects us all from unreasonable searches and seizures. why is the irs lately breaking the fourth amendment? we will take it up here friday night, buddy. you are gonna need a wingman. and with my cash back, you are money. forget him. my airline miles will take your game worldwide. what i'm really looking for is -- i got two words for you -- re-wards. ♪ there's got to be better cards than this.

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lou: coming up tonight, new poll showed republican candidate surging in key senate races to3 decide which party controls the senate. a full detailed analysis coming up. the irs is seeking big accounts from americans without signs of a crime. joining us now is judge andrew napolitano. the irs made 639 seizures in 2012. thht's up from 114 in 2005. what in the world? we know that some of the management of that agency is out of control politically. but now what are they doing? >> can you think of anything more un-american than punish verse and charge? perhaps if we decide to ccarge later that's effectively what this is. the congress wrote of a statute may making it a crime to structure, that's for businesses that regularly deposit money.

they deposit cash in their bank account, the bank has to report it to the feds. but if they deposit $999 on a regular basis, no reporting. but if you do that you'll be charged with structuring. to avoid federal oversight. lou: there's no requirement for in 10 or criminal activity were requirement for investigatioo? no requirement for a judges order? >> when the statue was originally written, all the requirements they just kicked off was in the statute. but then the irs said, it's too difficult and congress change the statute and they expressly authorized the irs to do that. the same one that permits the irs to seize funds. lou: who was in charge when these changes occurred? said the president was george w. bush and it was his first term

in office, republicans all the way you want republicans in the senate and congress, and a republican in the white house. unbelievable. >> the first person to be convicted under the old statue, which will byard willfully and knowingly and intentionally, that the conviction was overturned to the supreme court, when it found that the government didn't prove this intentionally, the congress removed that language from the statute a go-ahead and seize it. this has been going on for years. "the new york times" did a great public service by revealing that. lou: i do not often say "new york times" twice in one broadcast. p> but by revealing this on sunday morning, serious stories come of his misses being put out of business because certainly they couldn't use their bank account and the irs said well, we need to think these things through. %-been a resolution of onere has critical issue that we have been focusing on here. and i have to interrupt for breaking news. turning to the army chief of staff, general ray odierno, who

announced that the obama administration has come up with a policy announcing a 21 day control monitoring period for all of our soldiers returning from operation united assistance in the ebola region of western africa. controlled monitoring. we think that that means quarantine. we will bring details to you as the language of the pentagon and the politically bound white house becomes clear. for right now, this is all we can tell you. we will be right back. election day is day is a week away. republicans say that they are gaining momentum. the "a-team" on the balance of power in a it's monday. a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions,

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tonight our canadian authorities confirming that the ottawa

shooter recorded a video of himself before last week's terrorist attack. police calling the video pervasive evidence that the attack wws politically motivated. referennes to releasing the video this wednesday. the death toll tonight rising after a school shooting that took ways outside seattle washington, this 14-year-old, gia soriano, has succumbed to her injuries. investiggtors revealing moments ago that he had arranged to meet the victims, to our his cousins in advance. president obama heading to wisconsin tomorrow trying to help al governor scott walker if here to discuss that and all the other races around the country, the "a-team." republican strategist ed rollins and pulitzer rize-winning columnist for the "new york post", michael goodwin, both contributors and pollster campaign strategist kellyanne

conway. walker is in a dead heat. i want to ask you is obama going to help or hurt democrats in wisconsin? >> probably heard or neutralized. but mary burke doesn't know any better. [laughter] i think he should stay inn3 washington and show leadership on the crisis. lou: can we vote on a? [laughter] >> he tends to be available these days and no one wants to listen. but scott walker, we would like to see him win by double digits. and scott walker wouldn't be one of them. lou: we have looked at the lieutenant governor's race in maryland where the president was trying to boost his numbers, so

maybe this is going the wrong way for this toxic president. >> it's hard to gather what the president could say in most places that would be advantageous to somebody running on that agenda. the agenda is falling apart. you have to spin a fantasy to say that all the problems are the republicans fault or something else. when you have been president for six years and you have a lousy economy and all these crises and a kind of disaster. lou: and are on every ballot in a midterm election. >> and you had all of that power for the first two years, it's very hard to deflect the blame at the president keeps to try. >> it's a great contrast, this governor has been determined as leader in the state and he's major matt changes. he has and he has taken on this

opponent. >> the president will probably talk about the war on women. lou: those aren't just talking points, but it shows up to be stupid because women in this country -- >> women are not stupid. lou: no, it's showing of stupid because they are democrats carrying a false message and the reality is that women have been awfully hurt under this administration and these issues with which they have tried to drive wedges between voters and republican parties have just backfired. turning to "the washington post." a 92% chance that the gop takes the senate, nbc news wall street journal poll says that it is a preference for republican controlled senate and that's strong stuff. >> that was an amazing number and these are likely voters.

and this shapes up in many ways. lou: do you think that it is going to be away? >> yes, i do, but i'm surprised that the individual races are not showing the same margins. lou: dan rather used o say tighter than attack. >> i think that weehave a great momentum and we have great candidates. i think that they have to make a choice and on november 4 they are going to choose us. >> what they wanted was a check and balance on president obama's policies. some of them are distant and themselves and they can't really get that and stay there. lou: you are being very kind, check and balance, i think what people are looking for is

salvation here. in north carolina, kay hagan gets an endorsement, which is frankly the darndest endorsement that i've ever seen. this from the charlotte observer. it reads in part that kay hagan, there she is, do we have this up, please? welcome i guess they don't have it up. kay hagan has been a disappointment. she has done about the minimum you would expect from the u.s. another. and she has a chronic reluctance to take firm positions on controversial issues, thereby giving a nonobservant opinion. >> putting that at out, who are they endorsing there. lou: it is stunning stuff.

on immigration, we know that the president means business, he's going after all of those 9 million green cards that he wants someone to been on so they can have 34 million or five years, he's going to sign an executive he ought. he's going to rule. >> i think it's disgraceful that this is not being discussed. that is clearly what he intends to do and yet he would've done it that would have endangered democrats. until he pulls it back for this. >> he certainly would have a lot of things to do, a republican congress to offset as much as you can. lou: in congress including a senate. >> absolutely, i feel like i did in 1980, we knew that reagan was going to win but we didn't know that senators were going to get elected.

we might have picked better senators. but i do feel a wave coming. lou: listen to you. and you are the pollster, you have to tell us. >> the only reason there wouldn't be a huge leave is because there are less available to the it's because the republicans picked up so many in 2010. but it will be a very conservative victory this year. republicans are running, conservatives and all of the blame that they have received, the fact issthat some of them are coming to the rescue of senator pat roberts of kansas, really coming together. >> it's tight, it's really tight, but i think that it really brings to bear which is the best the congressman by kay hagan or jeff merkley or jeanne shaheen in the united states senate as they can queue the jeopardy clock.

the voters everywhere are saying that i don't have any idea because they don't. and so if you haven't done anything in six years, why do we have them for another six. three simple. >> that's amazing. lou: thank you folks, thank you so much. the "a-team." coming up next, families that want to get elected. we will show you what is going on with the return to how could a luminous protein in jellyfish, impact life expectancy in the u.s., real estate in hong kong, and the optics industry in germany? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average.

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lou: a few comments and a ppesidential election two years away. today's nbc poll says

republicans 11 points ahead of the democrats. that is almost a doubling of the republican advantage over the past week. and republicans say they have a great one. i remember them saying exactly the same thing in 2012. we will see whether they learn anything from the experience. familiar families want to put forward candidates for 2016. and it's like saying anyone can do it. >> is your dad going to run for

president? >> less than 50%. >> i think it's more than likely that he is giving you this is serious thought. and if you would ask me a few years back, i would've said it was most likely. lou: you have to be excited 100% and this is the fourth member to endorse jeb bush as a candidate. that's something you have to be impressed with, you have to agree. i'm excited about another bush presidency as i am about the possibility of another clinton presidency. jeb bush has a lot of work to do by figuring out where he stands on amnesty for illegal immigrants and ill-equipped and

it seems has even more work to do. >> don't let anyone tell you that it's not peoole that create jobs. >> we came out of the white house and we struggle to piece together the resources for mortgages for houses and or chelsea's education. it was not easy. lou: god bless america, hey made it through. well, 315 million americans and to families think that it makes sense for that their dna to be in perpetual possession of the white house. but democracy versus dynasty is a tough and bitter battle. the whole point, if you will recall of the founding of this country is to assure that it

isn't unlike a family business. and he would be george the third iffhe would make it to the white house himself, well, he would be the fourth bush at the third george. look at what is happening in georgia. democrats there are trying to put one number is not to members into higher offices. until is in that great? it's great. @% might double the dna. and coming up next, ebola battle shaping of the nation's military and the commander-in-chief3 versus the pentagon and how to

treat our service members when they returned from ebola they returned from ebola stricken nations. i take prilosec otc each morning for my frequent heartburn. because it gives me... zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. one pill each morning. 24 hours. zero heartburn.

lou: major general darryl williams commander of u.s. army africa along with other soldiers returning from west africa. admiral james, the author of the new book the accidental admiral. and first of all, thank you for being here. %-question, about to get reactin to the response about the quarantine issue.

>> they have not issued a policy and i know that there was a decision that was made by one commanding officer and the department of defense. but it is not reflected. a departmentwide policy that i understand is in development. lou: why is there no uniform policy and even the chairman of the joint chiefs of staff. and here we are in a noble op-ed. >> well, i'm for the 21 days terry and i think it's prudent and conservative and a great deal of sense. i don't think any of them will be bothered by 21 days if it is the prudent thing and it protects their shipmates and fellow soldiers. lou: as you so neatly styled it,

then this could be shortchanging them to only hold to attend a point gain as some have propose. what kind of friction is there that they could make a statement like this that it runs off at the mouth as josh earnest is dead as if they were by standards to the entire process. >> i can do this keys into the health of our troops. i'm firmly on the side of uniformed miiitary and i think you're making the right call.

lou: okay, let's turn to other difficult calls with the islamic state so how do you judge the progress and do you believe that this is a sustainable direction? >> i think the airstrikes re only the beginning. and they need ultimately to be involved against the islamic state and we have to get this in the hands of the peshmerga. the kurdish part of iraq. they are the best fighters on the field on our side.

and we are seeing some results in effect from this campaign. lou: progress seems to be at hand and now reports that they are using surface to air missiles against the apache attack helicopters and how much peril and countermeasures likely to be? >> i'm worried about it. and i think over time that is going to be an area where we can put forster real effect on the battlefield. and it's very oncerning to troops in the ground and it's not just a helicopter. ultimately these are very dangerous for transport aircraft as they are moving troops

around. so we have to be concerned about this. we have to look for the sources of those weapons to try to cut the mouse and we have to be thinking about how to get boots on the ground. not only peshmerga or iraqi security forces but u.s. special forces can help to knock down that handheld service air missile threat. lou: as we wrap up come, the u.s. marines have pulled out of afghanistan. and the uniformed military says the afghans are nowhere near ready. >> my view is that we have a shot. and the u.s. military presence was not fulfilled to keep 15,000

advisors andentors in the country and now we see the results of that. and we have advisors and mentors simply pull out like we did in iraq, we would see the whole thing collapse. so let's hope that you can keep a sufficient number of troops and this is only about 12,000 troops and we have a reasonable chance that it will be a near run thing. lou: taking up with the admiral said, if we use the hypothetical it seems like it would be forced to use when committing our troops to battle.

>> and we recommend the book you highly. time now for a few of your comments, donna said i'm sorry, i know he was in africa helping the deck, but shouldn't a doctor have more awareness of who he is putting at risk? and nancy will put on my facebook page that this administration is worse than the nixon white house. at least nixon had the goodd3 sense to resign. paul and pennsylvanii e-mailing me saying this. the pick for the ebola czar has proven he has no business running our country. and my new novel "border war" will be given to those whose comments were read. be sure to check us out on facebook and twitter. also loudobbs.com.

stay tuned for neil cavuto. coming up next, thank you for being with us tonight. good night from new york. single micro. ♪ ♪ 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

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neil: tonight on cavuto, forget you didn't build that, corporations didn't build anything. hillary clinton says businesses don't create job. and a vettran affairs whistle-blower threatened. elon musk warning. he says technology of the future is a threat to humanity as we know it. is this 25-mile drop proof that the government is dropping the ball? one google executive tharnlingsd change the space race for good. cavuto launches right now. welcome, everybody. i'm neil cavuto and all this time i thought the