to name just a few. his is a war story that deserves to be told. i'm oliver north. good night. you will need it. it will be busy. liz: "willis report" is next. happy halloween. gerri: we're starting off with breaking news tonight. billionaire richard branson virgin galactic spaceship ii, that rocket plane exploded and crashed earlier today. those are the pictures right now. plane was designed for commercial space travel was on a test flight in california when the accident occurred. we're awaiting a news conference where we'll learn more information. here with more on this space.com managing director, and we have tom jones, veteran of space shuttle program and planetary scientist. welcome to you both. i want to update folks on a couple headlines we've gotten. two people aboard the plane, a pilot, copilot, one of them is dead tonight. that is according to the county sheriff's department, did not

survive the crash. ntsb announcing they will launch a go team to investigate the accident. that came out moments ago. investigation into the crash. you're seeing pictures on the screen right now. lots of news coming out on this. tariq, i quill start with you, you're well-known covering space issues. what do you make of what is going on tonight? what do you expect out of this press conference? >> this is definitely a sad day for both the families involved and virgin galactic as well as commercial spaceflight industry in general. and, i guess what we're, really hoping to find out what do we know right now that happened? we have heard anecdotal reports so far about the drop and, and, the initial engine ignition. of course the breakup and the crash.

we're hoping to know who was killed in the crash, the status of the other pilot and what investigation. because there is sure to be one, will be like out there in mojave. gerri: tom jones, to you, you're a former astronaut. you were on the space shuttle, many flights. you've walked in says. what do you make of this news tonight. >> jerry it is a set back for commercial tourism in space but i don't think it is the end at all. i think several companies will keep up momentum towards carrying people into space as passengers. it is an education. people should not think of the space tourism business as airliner flight. this is experimental vehicle. even when passengers start to fly, better rutan, the designer said it will be like safety level with airliners back in the 1920s. we who have been in space business for a while, we understand nature of these vehicles. a lot of high energy, a lot of

demanding physics. not surprising, a crash like this was inevitable. i'm glad it came without passengers on board. gerri: give you a tweet from richard branson himself. thoughts with all virgin galactic and scale. thanks for all the messages of support. i'm flying to mojave immediately to be with the team. richard branson that runs the company will be on sight shortly. i should say -- the presser is starting right now. we'll go right to it. >> george white sides. with me in the room is kevin mickey. i don't see kevin right this second. >> be right out. >> okay, be right out. president of scale composite. just briefly, our day began about 2:00 this morning with, the evolution of a spaceship ii, white knight ii, powered flight

four was the name of this particular test. takeoff occurred at 9:20 this morning. my team and i were present at entire evolution. release of spaceship ii occurred at approximately 10:10 a.m. at approximately 10:12 we became aware of an in-flight anomaly and implemented our preplanned response plan. my team was dispatched to the north. the chief will discuss that and the sheriff will discuss his involvement. i had confirmation of a mishap just a few moments later. approximately 25 miles north of the airport. we were given a latitude, longitude of a potential site. at times like these those of us in the aerospace valley

recognize we engage in our craft freely. i've been in it 45 years. we recognize the contribution we make to a nation, the traveling public and the the general contribution to an amazing industry that provide transportation to the entire world. but when we have a mishap from the test community we find the test community is very small. and we're human. and it hurts. and, our hearts thoughts, prayers, absolutely with families of victims. we do know one of the crewmembers was was met by emergency responders, treated on the scene and transported to antelope valley hospital. we also know we had one fatality. i want to also acknowledge the artisans, craftsmen, engineers,

the emergency responders, the technicians, the janitors, everybody in this industry that gives it their all every single day. these parking lots are filled seven days a week. no one is forcing these people to do this. i can't speculate at this time on the cause. i know george is going to address that. again, chief, and donnie, i want to say thanks to the emergency responders. you guys have been with us and you will be with us every step of the way for years. and to your team personally, we say thanks. at this time turn it over to george for a statement. chief? our pardon me, sheriff. sheriff donny youngblood.

>> the involvement of the sheriff's office will be in the lead. i got a call there had been anomaly and mishap. i flew out, flew around the crash site. it is a large area. the aircraft is in several different pieces. we found one person who was obviously deceased immediately. the other was transported to the hospital. i don't have the condition we left here. it appeared to be major injuries. but, we don't know if that is what really what that means yet. but we. our thoughts and prayers are with the family. we hope the survivor will be just fine. gerri: so you have been listening to a press conference in the mojave desert where hours ago today, virgin galactic spaceship ii crashed into the desert. there is one fatality.

we have guests on hand with a press conference. we have no reasons for the crash. no one at the press conference was describing why. i want to go to tom, tom jones, the former astronaut who has been watching this. what the original speaker ceo stuart whit said the contribution we make gives transportation to the entire world. we're looking for more immediate answers as to what caused crash. what do you make of it? >> i think this is the 55th test flight for spaceship ii. they were testing a new engine propellant combination. they have had delays development of this engine design. the development with the plastic and nitrous oxide of two propellants something went wrong after ignition despite many test runs on the ground. obviously an engine failure looks like. you will have to unpack telemetry from the data and find out what caused the explosion.

it will be up to richard branson and colleagues to decide the pace they replace spaceship ii and begin the test program again. gerri: tariq, what do you make of next steps here? what happens next. >> as tom mentioned, the kind of next immediate step to definitely understand what the a mom any was. was it traced back to the engine. what was it about the new proehl pep lent or new mod -- poe appellant or new modification that caused that to happen. i spoke with george white earlier this month, ahead of this test, he mentioned rocket powered flight test was imminent, that it was coming soon and they were actually at that time still about 40 percent or so done with the next version. so they have already begun construction of the second vehicle in this fleet. obviously that work might be paused while they take a look what, what safety improvements or changes might need to be put into place.

gerri: we just heard from the press conference that the investigation of this crash is expected to take several days. as we know the ntsb will be on the scene. they have a go team prepared to investigate this as well. you heard also from richard branson from twitter no less, his first thoughts on this. i want to review quickly here, what was planned? this was supposed to be space tourism and already the company signed up 700 people for flights next year at a price of some 250,000 each. mr. branson said he, he wanted to be on the very first flight with his mother. lots of celebrities signed up, paying this total. of something like $80 million to ride on these planes. last thoughts before we take a break, tom to you. you mentioned before that spaceflight is full of fits and starts.

what do you say? >> i think this is going to go forward. i think this will expose more people broadening to spaceflight, conducting business into space, expanding industry to space. companies like virgin galactic will be part of this. we knew there with would be accidents. everybody one knows this. question how fast the community can recover. test of enthusiasm going forward how quickly and branson and his colleagues bounce back. gerri: thank you so much for being with us today. great information. great perspective. wee appreciate your time. we have a lot more to come, including voter fraud. are votes counted correctly. rocky october ended up solidly in the green. i'm talking about stocks. we are covering the bottom line we are covering the bottom line right after the break.

sids affects infants less than a year old, with ages up to four months being particularly vulnerable. if the baby is sleeping in the bed with someone else, it increases the risk for sids or accidental suffocation. now, they can sleep in that same room with someone else, beside the bed, just not in the bed. nothing else in the sleep area.

remove all play items and soft objects from the crib at sleep time, and that includes bumper pads. place baby on a firm safety approved crib mattress. avoid overdressing your baby or setting the thermostat too high. and when it comes to sleeping, always, always,always place baby on his or her back. and get some rest, cuz you're gonna need it! (clapping!) yay! gerri: we are just four days away from one of the most important midterm elections in a time. the balance of power in congress is at stake. many contests expect to be extremely tight. it is critical every vote is counted correctly. there are tonight new concerns over voter fraud.

fox news anchor and senior correspondent eric shawn has been investigating and is here now. how big of a problem is this. >> great to be with you. i really can't stand people say there is no voter fraud. happens around the country. seemingly new cases. last week a woman in tennessee was indicted with vote buying. two guilty pleas cocaine and cash for votes, trading coke for votes. would you sell your vote? gerri: no. >> in tennessee, 8,000, 8,000 people over a series of elections sold their votes for $25, 50 bucks, one person sold their vote, for $800. the politicians down there spent 400 grand over a period to steal the elections. how about voting more than once, two or three times this is symbolic case. she was a poll worker in cincinnati. she was accused voting eight times. she pled to voting four times. twice, in the 2012 presidential election, said she was proud of

it. she did it. she is out of jail now. as part of that investigation they also caught a nun, a nun who even committed voter fraud. let me tell you this, this another big one. these are petitions that put the president of the united states on ballot in indiana. he legally actually did not qualify? in 2008, in indiana, to get on the ballot, when you run for president you have to have 500 signatures from each congressional district. up in st. joseph county, south bend, notre dame, mr. obama in 2008 qualified with 534 signatures. 34 cushion. hillary at 704. 90, 90 are fake. they faked them. four people convicted. one sentenced to jail. if it came out middle of presidential campaign, fraud touch ad race for white house, what do you think that would do? not saying that he was improperly elected. but just the fact if this made public, it was three years after it happen people don't belief this could potential touch a race for highest office in the land.

gerri: what about i.d.? what about showing i.d. before you vote? i can't buy cold medication without an i.d. how come i can vote without an i.d.? into that is controversial issue. some states have voter i.d. some with photo and i.d. some not. people in texas, which has one of the strictest laws, people are reporting to have problems getting eye december. rhode island a blue state. democratic governor. democratic state legislature. democratic secretary of state loves voter i.d.s. they have had no problems. 585,000 people voted in rhode island. 186 did not have i.d.s because voted by provisional ballot because there are ways to potentially vote. that will be controversial issue. we'll hear after the election, lawsuits will start from people who say they could not get an i.d. lead plaintiff of aclu case in philadelphia couldn't get one

they filed a lawsuit. she walked in got one. gerri: unbelievable reporting a rick shaun. terrific reporting. >> thank you. gerri: with us the hans with the heritage foundation. one of country's foremost experts on voter fraud. we are joined by emily tish sussman who thinks voter fraud is not a problem. emmillly, you say it is not a problem. her pervasive is it it and why in your issue is not issue. >> with all due respect to reporting we talked about, "washington post" looked into every al alleged case of voter fraud since 2000 and 2014 and found 31 cases. 31 cases out of over a billion. we don't often use that term in serious way. over a billion vote cast. i don't think you need to be math major to figure out that is not statistically significant. as opposed amount of people it is impacting. there are estimates this new texas law will impact 600,000

people. not going to be able to vote. gerri: let's allow hands to respond to this as you heard emily said. it is not a big deal. it doesn't happen that often. what do you say, hans. >> "the washington post" was very faulty. i wrote a book two years ago with john fund and we listed many more cases of voter fraud than. that just in the past week, as eric shawn said we had numerous cases come out, include thing by the way case in mississippi, indictment of seven individuals whose fraud changed outcome of an election. and we have a senate races coming up all over the country. very tight races. study came out last week on non-citizens who are voting in this country and have voted in past elections. they, concluded that non-citizens may have given barack obama his win in north carolina in 2008 because so many non-citizens voted

there. >> let's talk about non-citizens with emily. what do you make of this question of non-citizens voting. >> sure. i mean they're not citizens. they shouldn't be voting. for the most part, they're not voting. show me how these laws that are packed, let's even put voter i.d. aside. show me laws packed, how the cost benefit analysis is there for any one of these cases you're talking about, any one of these new cases you're reporting on? what about cutting down early voting? what about cutting down voting by mail? you know, your guest referenced provisional ballots, can always go to provisional ballots if you're not registered at that location. not the case in north carolina anymore. you can't vote provisional ballot outside where you're registered. that might not be your mistake. that might be mistake of polling location. gerri: we cover ad lot of ground here, emily. hans, to you, i look at these cases people who are critical your stance on this, always say, you know it is anecdotal, the

evidence really isn't there. just tonight from sean we heard five cases in one ohio county. if there are five cases in one ohio county, goodness gracious how many exist actually have not been uncovered? look at this list of numbers. 8,000 cases of vote sell until kentucky? vodka for votes in arkansas? cocaine for votes in texas. absentee ballot fraud in new york. how do we fight this hans, without having people show i.d. at the polls? >> well you can't because it is extremely hard to detect fraud after it occurs. we not only need i.d. for in-person voting an absentee voting we need laws like kansas arizona have passed require proof of citizenship when you register to vote. we have elections all over the country decided by a very small number of votes and in many instances that fraud could make the difference. like it did in 2008 in the al franken norm coleman race in

minnesota. gerri: on and on it goes. hans an emily, thank you. eric shawn, thank you so much for your reporting. fox business is the source for all your voting and election news. watch complete coverage on tuesday hosted by our very own neil cavuto. here is the question tonight, should you have to show i.d. to cast a ballot? log on to gerriwillis.com. vote on the right-hand side of the screen. i will share votes at end of tonight's show. still to come, stocks soaring despite rocky days on wall street. is now the time to buy? we heard complain about black friday starting earlier and earlier creeping into thanksgiving. but for some stores it starts tomorrow, coming up next.

woman: did you look? did you go to the schoolyard? man: calm down, please. where did you look? we, we, we, we didn't make a plan. somehow, we just, if i just... he's a smart boy and he's gonna be ok. ok, try to call him again. there's no reception. everything's down. try! i can't. try already. nothing's working. well, just try. everything's down. don't you think he's on his way? please. is he ok? laura... please tell me he's ok. i need you to calm down. what? it's my baby.

this is so bad. i miss him. he's out there by himself. narrator: make sure you know where to find your family in an emergency. start your plan at ready.gov.

gerri: there was a rocky start to the mon. october though in total deliver ad sweet treat at the end of the month. yet american consumers cut spending in september for first time since beginning of the year so what is the disconnect? joining me shaffer asset management and ceo, dan shaffer. welcome back to the show. good to have you here. >> thank you. gerri: listen this, has been an amazing roller coaster ride. >> oh, yeah. gerri: wall street pundits like to call it volatility. take a look at this chart. this is a chart you need to look at. this is just this month, daniel. would you have bought at the bottom of that little v sitting there? that is the kind of stomach you had to have? >> no. i don't think that was a long-term buying opportunity. if you're a trader yes, the risk level there was pretty good to take but this slingshot move we've had is very dangerous historically. gerri: why, why? >> if you look at the chart, false off and slingshots up without a correction. more forces in there pushes it up. means federal reserve continuing

wealth effect program. now with the japanese announcing last night, the continuatino of this program -- gerri: amping it up. it is not just continue ages. they're printings more and more. >> their index in 1990 was 40,000. the nikkei. it is now 17,000. got as low as 5,000. do you think they have thrown enough yen at the program and not working? gerri: back up a second. you mentioned a couple of things our viewers are not familiar with. the bank of japan. that is like their ben bernanke. they are throwing money at weak economy right now which is something they have done for a decade now? >> 20 years, 20 years. >> so the question is, whether the stock market gains our economy can say, we owe everything to our central bank? and you seem to be taking the view, that they do. let me push back on you for just a second. so, i think something like 75% of the dow stocks are reporting earnings that are meet or beat expectations. earnings are doing really well.

it seems like corporate america is broking, wall street is obviously happy. what's the disconnect? >> it does seem like that okay? but these buyback programs with companies reducing amount much stock exposure, makes earnings look artificially better. deferred taxes on their balance sheets makes it look a little bit better. if you look at margins and top line revenue for a lot of these companies, for instance, ibm, coca-cola, mcdonald's, major coca-cola, mcdonalds -- are telling us that the global economy is not doing well. gerri: that's absolutely true. >> i want to point one thing out here. the japanese economy has an unemployment rate of 3.6 percent, so they say. their ten-year treasury is -- gerri: all right. we're wail over my -- way over my head now. >> our federal reserve, excuse me, is not going to be able to solve this problem. gerri: well, you make a point that i know our viewers appreciate. and let me show you the numbers that prove that. consumer spending slumping, 0.2%. you know, surprising, shocking,

right? we heard the economy is growing, 3.5%. and also americans pulling their must be out of u.s.-based mutual funds. it seems to me -- and you tell to me, you tell me what you think because i know you're looking at this economy and market from every angle, americans are just not getting benefit of this. they haven't had a raise in nine years. they're still waiting for better jobs market. they're not spending money. pulling their money out of mutual funds. what does the future hold for the american consumer? >> they're scared. the american consumer is scared. wages, in that report that came out this morning, wages were up slightly but spending was down slightly. which means they're paying down debt or putting money into the banks. banks are buying treasurys for safety because they're flush with cash. this is the cycle. cycle that every economy has, and the federal reserve is trying to prevent this natural cycle. just like japan tried. gerri: but it doesn't work.

>> and now europe's trying. retail sales in europe and germany, they're negative. how does a world grow if these numbers continue to show that the consumer is scared out of their wits, they're renting, not buying? it used to be you had a house and a car in the suburbs. the new world that we live in, people and individuals are moving back with their parents, and their children are moving back in with their grandparents. that's what it's coming to. gerri: if you have a 401(k), it's a little bigger tonight. >> tonight. gerri: dan yell, good to see you. if you have questions about your money and your investments, we want to hear from you and help you out. our money coach will have the answers you're looking for. just e-mail our show, gerriwillis.com, and is you'll also get the opportunity to appear on the show to ask your questions directly to our financial adviser. and still to come, the frenzy of black friday deals are starting tomorrow, but are they worth your money, or are these

deals just a ploy to get more of your money? and halloween is all about trick or treating, but the first lady wants us to skip the treats. it's a war on candy. you're not going to believe this, coming up. ♪ ♪

mom, when is daddy coming home? ♪ he called her on the road ♪ [phone rings] ♪ from a lonely, cold hotel room ♪ hello. hi, honey. ♪ just to hear her say i love you. ♪ "i love you" ♪ one more time ♪ he's right here. ♪ a little voice came on the phone ♪ dad, when you gonna come home? ♪ he said, "daddy, when you coming home?" ♪ ♪ he said the first thing that came to his mind ♪ i'm already there. ♪ i'm already there ♪ ♪ take a look around ♪ ♪ i'm the sunshine in your hair ♪

♪ i'm the shadow on the ground ♪ ♪ i'm your imaginary friend ♪ ♪ oh, i'm already there ♪ announcer: a message from the foundation for a better life. gerri: have you noticed? black friday is creeping into halloween. in fact, starting as early as tomorrow many major retailers are kicking off holiday sales for christmas! here with the very latest, allison paul, vice chairman for the retail sector for deloitte. great to have you here, allison. so why, why is this happening? i mean, i don't know about you, but i really don't like seeing christmas sales now. >> well, it's really the response of retailers to what consumers want. 47% of the consumers that we asked in the deloitte survey told us black friday isn't as relevant as it used to be,

despite the fact that they plan to spend a whole lot more this year, it's really good news, 13% more than last year. gerri: so it sounds like what you're saying is that people are walking away from black friday. they don't like it. what's going on there? they used to be so popular. what happened? >> well, 9% of consumers did tell us they do plan to shop on black friday, but 43% said they're going to hold off until december or later this year to do their holiday shopping which does seem incredible. and i think what that's about is the number of different choices consumers have to shop at different places, different times wherever they want, wherever they want with their smartphone, tablet and so on. gerri: that makes a lot of sense, and you don't have to wait for the black friday deals. let's walk through some of the big deals starting this weekend, starting with walmart. >> consumers and retailers have never had more choices, and so this year we're seeing a whole bunch of activity this weekend.

and it's really the traditional kickoff now of the holiday season. in fact, consumers tell us they're going to spend on average $1300 each, and we forecast a 4-4.5% increase in sales for the holiday. despite the fact it's actually a very short holiday season between thanksgiving and christmas, only 27 days. so it looks to be shaping up as a very exciting holiday season with retailers getting started this very weekend ticking off really hot promotions. gerri: and just to answer that question, walmart deals include free online shipping on top 100 gifts, an online sales event on monday. amazon not to be discounted is running twice daily deals and other companies doing the same, it goes on and on. office max, cyber monday, the deals will be coming out fast and furious. allison, fascinating what happened to black friday. thank you for coming on today. >> thanks for having us.

really appreciate it. gerri: well, from halloween deals to halloween duds. michelle obama's healthy school lunch program is becoming more of a trick than a treat for many kids. tonight, in fact, the veteran affairs office in philadelphia is the latest to jump onboard the first lady's movement, banning owl candy from its hall -- all candy from its halloween parade. what will the government be handing out instead? joining me now, caleb ott to from campus report. >> yeah, and they're passing out, they're urging the people pass out pencils instead. now the kids are in a bad position. [laughter] they get a pencil instead of candy for halloween, they may accidentally use that as a fake gun, and they'll get suspended. [laughter] so these kids are in a really tough position. >> so here is the memo. the philadelphia memo to employees, no candy can, please. if you would like to hand out

treats during the parade, please give healthy snacks such as pretzels, raisins, granola bars and sliced apples. you may want to consider gifts instead such as pencils, crayons and rings instead of snacks. there's going to be a big reaction against this. this is going to create some negative, you know, kind of talk -- not just among kids, but also parents. >> well, here's the absurdity, and we're seeing it all the time at the leadership institute's campus reform, the increase in the liberal busybody. it would be one thing if they were trying to curb candy consumption because the anticipated the obamacare dental plan was going to suck, but that's not necessarily the case here. they're doing this to curb behavior. and it is just as absurd if the v.a. were to release a memo within saying, hey, we're having a halloween party, but we don't want to curb -- we don't want kids dressing inappropriately later in life, so we're going to disallow all costumes.

it is the same idea. it is silliness, and it is a waste of time especially for a v.a. office like the one in philadelphia. gerri: but, caleb, it's not just silly, it's also sort of tragic. remember, the v.a., the veterans administration, is the organization that has some 200, 243,000 claims pending for our veterans to get care. those claims pending 125 days or more. it seems to me that the v.a. has more important things to think about than whether kids are getting candy or not. >> exactly. and it shows an, you know, inappropriate prioritization at the v.a. and while this is something very small, probably took a very short amount of time for them to send out this memo, it shows politics. it shows that they're seeking out ways to advance mrs. obama's get fit plan, and it is an inappropriate thing to be distributing at a time where the philadelphia v.a. office, as you

mentioned earlier, is at the center of the scandal that exploded earlier this year. and it is quite tragic. gerri: it is sad and disturbing. unbelievable. caleb thanks for talking to us about the topic. appreciate the time. >> thank you, gerri. take care. gerri: you as well. and when we come back, we head to a brooklyn popeye's restaurant to meet the boss behind the fast food chain. and next, is last year's megahit "blurred lines" too much like one of marvin gaye's hit songs? >> and here's your consumer gauge with the numbers that matter to you. check 'em out.

it's harder whenever there's a bigger group. pretty much a good day for me would be people leaving their hands off of me. i'm always called names. um, everywhere that i go there's always someone calling me names, calling me gay. i've been choked. thrown up against a wall. punched. nobody's ever tried to help me.

gerri: some bad news tonight for music pop stars robin thicke and pharrell williams.

"blurred lines" borrows a lot from legendary singer marvin gaye's tune, "go to give it up. -- got to give it up." i want to play this music just so we can clue in our audience. we'll start with the new tune called "blurred lines." let's hear that. ♪ i know you want it, i know you want it. ♪ you're a good girl, can't let it get past me. ♪ far from plastic, talking about getting blasted. gerri: can we hear the marvin gaye song now. ♪ hooking up on the floor -- gerri: all right. so, phil, did marvin gaye get ripped off? >> well, in my view, he has, and the reason that what's called a substantially similar test that a court brings to determine whether or not it's been ripped

off. if you listen to the bass line and also music critic, of which i am not, they have looked and analyzed it and said it basically is the same thing -- gerri: well, i have to tell you, when i first heard "blurred lines" i thought this sounds familiar, but i can't tell you what it sounds like. wendy? >> this trial is not going to be a version of "name that tune," because unlike what we just did, this jury's going to be limited to looking at print sheet music. gerri: really? so they won't hear it? >> they're not going to hear it, they're not going to have the play, as we say, that we've had listening to these songs for years. so they're going to be in a different position trying to decide whether or not it's substantially similar. gerri: bill with, how do you prove this? >> it's going to be -- first, it's going to be hard to hear a jury that hasn't heard anything -- gerri: these will be people that know nothing about music, who don't care about music. [laughter] >> again, looking at the bass lines and the actual notes, i have have been told through

critics by looking into it that there are similarities, and this is very important, unbeknownst to mr. thicke, he said, oh, i love marvin gaye, and i'd like to write a song like his type of song, so i think that would be -- gerri: he's already said publicly, claimed his affinity to the artist. >> talking about "blurred lines," when does inspiration become infringement? that's one of the issues for the jury. lots of song writers are inspired by artists, but that doesn't mean that that admission is an admission of guilt. i mean, they're going to have to prove that it's plagiarism, musical plagiarism. gerri: what's the hurdle for that though? that's my question. >> they're going to have to find enough similarities throughout the song -- not just a bass line, because lots of genres share bass lines. they're going to have to go note by note, if you will, and decide whether or not it's a coincidence, it's inspiration or

infringement. gerri: so that's why the jury's getting the music. >> but the point is, you see, mr. thicke's lawyer was not present -- gerri: expensive and highfalutin, no doubt. >> you usually don't have that type of admission in the case like this, and that, i think, is going to be a problem. if they're going to do this, they sort of keep it in their hip pocket -- gerri: is it possible though, let me push back for a second, songs like this and certainly this artist who, marvin gaye, everybody, that music is almost internalized into your brain. you don't even have to think about to know it, do you know what i mean? so it's internalized in what you do, so isn't it just possible that it becomes part of the way you write music? >> absolutely. and, you know, that comes up in other types of copyright infringement cases where they call it unintentional similarity where you know what a song sounds like, you stole it -- gerri: you didn't realize that you stole it. >> and that actually came up in this case. >> he admitted -- he didn't admit stealing it, but he

admitted it was his goal and motivation to write a song similar to marvin gaye and he loved marvin gaye. >> but then he came back and said he was drinking when he said it. >> yeah. that's after he spoke to his lawyer. gerri: probably true. [laughter] >> after his lawyer got through with him, it was a different story. there were some other songs that they also claim he ripped off. gerri: i wish we could settle this right here, but we will not probably. thanks so much for being on the show today. >> thank you. >> thank you. gerri: wow -- >> rock on. gerri: yeah, i don't know. marvin gaye, i'm a big fan, but, hmm. still to come, my two cents more, and up next, we meet the boss of popeye's. i went to the source and ate a lot, talked to the ceo. you won't want to miss that. ♪ ♪

♪ hello i was trying to fix all the things that were going on, especially when it came to ryan's daydreaming and inability to focus on her homework, and tears, a lot of tears. why are you laughing? it's so true. it was just frustrating to get my mom to understand really what i was going through. and that's when i thought there must be something else going on. so that's when we talked to a doctor and she was diagnosed with adhd. it just explained so many things for us and it makes things a lot easier. a lot easier. and when you have information, when you know better, you do better. you know, and i feel like that really made a difference. yeah, i agree. hyperactivity isn't the only symptom of adhd, since inattentive symptoms like ryan's, can be less noticeable, it's important to learn more. get the adhd symptom checklist at keepmomming.com to get started.

then talk with your daughter's doctor. keep momming.

♪ ♪ gerri: there's a debate out there whether consumers are spending or not right now. for tonight's meet the boss segment, i'm visiting the ceo of a popular billion dollar restaurant change, popeye's louisiana kitchen. let's get her take on the consumer landscape. >> a lot of uncertainty in the future, so they're spending their money cautiously and wisely. for us, that means a market share gain, and we've been gaining market share against our competitors for six straight years, and that's the way we measure success. gerri: well, and that brings me to the earnings question. you're going to be reporting soon. is the quarter shaping up as you expected? >> we guided to the sales year of 3-4%, we said we would build 18 to 0- 180-200 units, and we're right on track to that guidance. gerri: 200% gain in the stock

since you've come onboard seven years ago, yet some of your competitors not doing too well, mctolds in particular -- mcdonalds really stumbling. what have you learned from their disappointments? >> we've learned focus is the best strategy. we focused on the lunch and dinner parts, and we've brought our customers a tremendous amount of innovation in things like beer can chicken and just keeping it so interesting for them that they need to come to popeye's before any other chain. gerri: lots of competition for fast casual, chipotle in particular really gaining share, and a lot of excitement from g everything m inform -- gen-xer's, a lot of people say your product isn't as healthy. >> what's relevant, there's nothing more popular today than the spiceness complexness of foods. and we offer a wide range of offerings. you can eat our tenders and our

green bean every day for 350 calories and have a fabulous meal. gerri: it is southern, after all, and i defend it because i'm southern too. a lot of talk this week about apple pay, who's going the use it, who's not? will your company use it? >> well, the way we pay for our transactions is definitely changing and changing quickly, and we absolutely will be quick followers to that kind of technology. gerri: but you're not there yet. >> correct. gerri: you at the helm, i think it's ab interesting story because there's been an incredible focus on women as ceos. i know you've seen the stories of mary barra at gm, marissa mayer at yahoo!, difficult positions they're in. are women getting the ceo jobs that are the tough that men don't want to take? >> well, i think brave women are doing well, and i think i if you're willing to raise your hand and take the more challenging opportunity, you're more likely to get the opportunity. and popeye's was a brave turn around, and i couldn't have been more excited about that. gerri: you come from a family of

ceos. how did that happen? >> we have great parents. my father and mother were great at educating us, encouraging us, telling us anything was possible. and my father was probably the business teacher and my mother had the spirit of adventure that taught us to be brave. gerri: what would you tell your 21-year-old self? people in your position, off lot of -- you have a lot of experience. wow, if i had only -- what's the answer to that question? >> be your authentic self. i think too many young people are trying to be what they think leaders are instead of being who they are, who they're gifted to be and leading out of their own principle. so i encourage young people to be authentic. gerri: where is the rest of fast food going, do you think? who are going to be the winners? >> well, where i think it's going, you may not know, but louisiana is a place where nine nations came together and created an an amazing melting pot of food. so i think the future is in melting pot food, these combinations of ethnic diversity

in our food that we love in our communities are becoming part of our culture. we love the mix of german and caribbean and all the different flavors and places you can come from and think our menu's well suited to continuously innovate in those segments. gerri: love the biscuits. gerri: love the biscuits. we'll be right back. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.

gerri: should you have to have an id cocast a ballot? 99 president said yes, 1% said no and that, my friends s a landslide. finally tonight, when financial journalists talk about the markets, they often substitute the phrase wall street, as in wall street had a good day. the dow up 3.5% this week alone, 89 s&p 500 stocks hitting brand new highs, but that's not wall street's win alone, that's our win. listen to the names of the companies setting new highs: home depot, costco, chlorox -- these are american companies with american workers benefiting from american productivity and

ingenuity. we had a good day. your 401(k) had a good day. that's my two cents more. that's our show. "making money" with charles payne is coming up next. ♪ ♪ . neil: tonight on "cavuto," why democrats are using this rally to rally voters? not now, two years from now. are tea parties about to crash this stock market party? right now, what they are screaming and why you should be listening, whether you are republican or democrat. and ralph's in a rage, not over republicans, over hillary. why the guy who wrote the book on car safety says this clinton in the white house will drive us off the cliff. is facebook about to predict the next election and you're helping them. attention facebook users, you won't "like" this one. but you wil