24/7 's ju i'm little reluant try new thi what's wrong with ying new thing el that in your muscles? yeah. do... neil: well, tonight on cavuto, a grand old market rally to follow a grand old party rally. far be it from us to take away the punch bowl. some are noticing the president is more set on throwing punches. now republicans are saying that he's maybe not at all reluctant to keep pushing those executive orders including one that can make millions of illegals residents here. an attorney says the president tries that kiid of stuff, forget about its legallalty. and think it's only republicans who find all these exxcutive orders

over the top, wait until you hear how harry reid and a bunch of democrats president under the midterms are done. the 2016 presidential race on. tonight, you may see the first candidate announced here with us, now. candidates start your engines. viewers stature your dvrs. this cavuto is one for the histooy books. the political party starts right now. welcome, everybody. i'm neil cavuto and let the bipartisan party begin. obama: i very much appreciated leader mcconnell's words about the prospect of working together. what what i would like to do is hear from the republicans of what they would like tt see happen. i am open to working with them, reach out to republicans, make sure that i'm listening to them. let's get started on those things where we agree. neil: well, did you hear

mcconnell say they're liking the way things are starting out. johnson isn't entirely convinced this is off to a good start at least coming from the president of the united states. but mitch mcconnell spoke right before the president had been saying that he was -- he was talking to the president. they had found some common ground on some key issues. they would have their differences. much talk of lack of camaraderie with much ado about nothing. john, what do you think of what the first the president had to say about what he looks forward to and what mitch mcconnell said he has to look forward to. >> evening, let's tall about the president you know, he put the whole thing in context when he said before the election that his agenda and his policies were on the ballot. and the voters came last night and cast their

votes and they said, mr. president, take your agenda and stuff it. and you played the best part of the news confeeence in your clip, but if you listen to the whole news conference, what the president was basically saying, if the republicans can find some of the things that i've proposed that theyy% can support, come on down and talk. well, he still doesn't understand that in order to break gridlock, a president has to take the lead. we had the same kind of numbers when i was chief of staff for george herbert walker bush and he took the lead. this president sits in his ivory tower and expects it all to happen because he wants it to happen. you won't see anything happen in washington because he doesn't know how to deal with the legislature. neil: jack we shaljack welsh die his tone in the regard.

this is from jack welsh. >> the idea that we don't -- on last night's elections is something to everybody. the ea leaves were laid out for him. they don't like his policy. it's not anything to do with him personally. he's a charming guy. it's his policies. neil: what jack was referring to, john, was like bill clinton 20 years ago after he suffered a drop in the midterms, of course, bill clinton wanted to make sure he would get reelected, but that he did -- he did make a humbling statement to the press next day overtures to newt gingrich and @epublicans the next day and obviously turned things around and wor worked with the other s. how confident are you that barack obama will follow that? >> i'm not at all. because i don't think ends what his job is as president. he hink he's emperor

and doesn't understand that the constitution the relationship of the executive branch and congress. and he has to go down and start talking about things in which he will have to give on some of his issues. you can't get comprise without both sides giving a bit. neil: where do you think he'll give orrwould he. >> the only place i see some optimism is perhaps on the pipeline. i think the republicans are going to send him a pipeline bill early. they may send him -- they'll ppobably start with a proposal to repeal obamacare. he'll reject that. and then they'll send him something that has five or six major changes. if he is serious about comprising, that's whee he'll sit down and try and fix this mess of obamacare. but i suspect he'll sit down and say, well, you can do something on the edges, but you can't change the fundamental changes of the mandate.

neil: both sides will move together on the things they can control and for the time being that's the furthest the president goes and and that's the best republicans can hope for? >> well, i think -- you know, the medical device tax, even the democrats, i think there's almost 20 democrats that is that is ridiculous. neil: you're right about that. that's easily doable. the other stuff isn't. what they do to replace that. right? >> they'll have to find another revenue to replace it. i think there's more than a majority. i think there's probably 60 or 70 votes even with just 52 or 53 republicans in there to make that kind of change. but that's not enough to change the direction of the counnry. you've got to create a climate of confidence in the process. and he's going to have to start talk about cutting public spending he's going to have to talk about tightening the budget, about how to deal with the defense i

have needs in a good way. otherwise they're not going to negotiate with him even on the trivia. neil: you might be right on that. we will see. >> nice to see you. neil: could this be one of those democrats who just might lead this process forward, a bridge for both sides? senator, what do you make of that, and how likely is it that two sides can still advance mutually agreed upon legislation or bills that makes sense, the medical device tax, first and foremost, is that the best we can hope for? >> neil, i think that's one of the elements of one of the major issues, or i should say major issues of contention. i think there's a lot of support for repealing tte medical device tax, but i won't support repeal of the affordable care act. i think in a larger sense, in addition to maybe a comprise on that

particular question, the broader issues, i think there could be a lot of common ground whether it's tax reform, infrastructure, a whole range of issues. so i'm an optimism, and i think we need a little bit of that right now. we need to figure out a way to get people working together. neil: you're right about that, senator. i'm curious. in the president's remarks today, i'm old enough to remember bill clinton's remarks 20 years ago this very week after his party sufffred a dropping. he was very conciliatory, heewas obviously knowing full well he was ahead of a potential reelection where he could be in danger. this president, of course, that's come and gone. there was a real effort on the part of bill clinton maybe pragmatic, maybe desperate, maybe savvv, to move the ball and make what would be the last two years of his term productive, do you get the sense that this president is as

inclined because i don't see that type of pragmatism out of barack obama that i see out of bill clinton. >> neil, i believe he is. and i give as evidence not what he said today in his interviews or in his statement or answers to questions, but i give as evidence personal testimony in the sense that when he was in philadelphia onnsunday night, i was with him. not in a big crowd, initially, just the @ayor of philadelphia and i sitting down with him. and he knew at that point -- we all knew it would be a difficult day on tuesday, especially in the senate, but even with that knowledge based upon the polling, he was actually upbeat..% and we talked about areas where he could work with republicans and we could -- neil: when you say -- >> i think he's -- neii: when you say work with republicans and republicans say they want to work with him. they're still miles

apart on these issues. where they find that common ground, i can't see the president bundle much. maybe looking at keystone getting that revved up. that's a maybe. anything bigger, they're really quite far apart. >> well, neil, look, i don't pretend to assert that the two sides can start arm in arm. this has been a difficult couple of years, and we can attribute that to a lot of factors causes. i will say this, in the interest of both sides to get something done when i go across pennsylvania this year not as a candidate for reelection just being out there, the one thing people told me over and over again, you guys have to work together and ggt something done. neil: you're absolutely right. and fairness to you, you've led that kind off% political life, so that

makes you unusual. but i have to ask you this, senator, i get a feeling this president missed a goldenn% opportunity for which he could have easily thrown it on his predecessor, it stops with me, my fault. or bill clinton after the '94 rubbing or ronald reagan with the contra thing. it seems to be reluctance oo his part to say i goofed. it was my message that failed. i've got to make the move back. i didn't hear it. >> well, we can judge today a lot different ways. look, i think today was a start on both sides, but the proof of this will be in the actions that are taken over the next couple of months. i think there's an opportunity here. in fact, i think we have to start in the period in november and december to get things done in this period, like extending the tax

provisions that will help business. but let's see what happens in the next six months. i think there is a window of opportunity where it's the interest of both parties to work together. i think the president wants to do that. i was pleased to hear what mitch mcconnell said and others. we all have a stake in this. congress has to work as hard at this as the president. neil: you are one of the adults in the room. senator casey. very good having you. in the meantime, if you did ot tune into fox business last night, you missed out on that. >> ballots in the state offvirginia f which a portion -- neil: i'm sorry. that sixth vote in iowa. so just as i predicted, you don't have to wait until alaska. no, i'm kidding. joni ernst has won iowa so the republicans have the nited states senate. i apologize my friend, i jumped on you, but

finish that graad theory. >> you just finished it, back to you. neil: well, you know, that call like many others, that was first on fox businnss. we were beating everybody, left and right with this sort of stuff. the business competition was on tape doing something with sharks, i don't know we delivered this breaking decisioo and figured we would go live, work late, try o earn ourrpaychecks, try to mean what we say, it's our money, it's on the line. it's not a red or blue thing as i say a million times. it's green. it's your money, your kids future. we figure you are worth it, your kids are worth it, my kids are worth it, depending on the day and how thhy're behaving. you get the point, we were first and we will always be for you. get ready for a wave of executive actions. john ashcroft, his reaction to that after this.

obama: i feel obliged to do everything i can lawful with my executive authority to make sure that we don't keep on making the system worse. neil: all right. executive authority is one thing. signing an executive order that could potentially freeze the deportion of illegals here. john asscroft says that could be another thing. that would be an executive order on steroids would it not? how would you explain it? >> it certainly would be. the president has the authority, his executive authority to do a lot off% things that are totally against the public'ss% interest. the president could literally empty the

prison's of the united states by aausing his power. if he wanted to make -- i'm not sure how he says he could do it legally. he might be able to to do things that are totally unwise and againss the manifest intention of the people. he said today he doesn't like reading tea leaves. he doesn't speak tea leaf, but he -- he should know that the american people, i think, in the election, which was a substantial commentary as he had predicted it would be on his policies have repudiated his abuse use of executive authority to displace the auuhority of the congress and the will of the people. and especially given the fact that the will of the people has been recently expressed in this election, ii would be an outrage -- neil: yeah, and i defer to you on all legal issues. let's say in this

environment, it would certainly poison the well. i can't see him doing it in this environment, but maybe he's of the it, i'll do it anyway. then what? >> it occurs to me that he said that he wants to do it before the end of the year. neil: that's ridoesn't mean he wants to do it with the new republican congress. he's not going to give them a chance to be responsive. neil: here is a dumb legal question on my part, attorney general. can can the new congress, new senate come back and say, hey, what you did back then in december before we took charge, that's a no-no. you can't do that. >> well, i think he -- to me, he held out a promise, which i consider to be at best misleading and at worst false. that is, the consequences of whatever he would do by executive order could be reversed

by an action of the congress. first of all, he would have the ability to veto an action of the congress and secondly, what if he had granted in some kind of way an amnesty or status to illegal individuals who are here without the right documentation, et cetera. neil: right. >> is it his thought that somehow then he could revoke what he had previously granted because the congress had now disagreed with him? i think to suggest that by the president is to suggest something that is highly unlikely, grossly improbable, probably impossiile. and i think in a lot of ways, misleading. he had a style of conciliation, but the subject of what he was saying was not conciliation it was confrontation. either do it my way or i'll dooit mm way without you. i think the american people have rejected that. when he said that he heard two-thirds of the publiccsaying something.

i'm not sure whose voice was he listening to. neil: that was a throw away line to dismiss the historic nature of last night. you're quite right. >> it's a very presumptive line. it presumes that the two-thirds of the people that didn't vote somehow endorse unanimously his position. i think it's much more likely that the two-thirds of the people that didn't vote have been so disenchanted with the ruptured trust that they have goveenance and public officials that they're in disgust and rejecting the idea. what this boils down to is an understanding that we need to be careful o elect people to the presidency who have a respect for the democratic process. i'm not talking about republican or democrat parties. but the process when the people -- when the people put the tea leaves in such a clear and unmistakable pattern as they've done, and everybody focus on the senate and the governors.

the people expressed themselves most thoroughly for the house of representatives because it's every district in every tate. that was an overwhelming eedorsement. so i know you guys have to go where there's conflict and there's -- there's blood in the water, but the truth of the matter, the biggest indicator of what happened in this sunami was in the house of representatives. neil: you're right. and it takes lawyers to catch that two-thirds remark. that's a ssgnificann indication of what the president was thinning. good seeing you again. john ashcroft. >> always great to be with you. neil: in the meantime, are we about to see a republican rally. the dow, s&p moving like crazy into record territory yet again. obviously, big business honchos are taking this as a sign better things to come. a more friendly business environment is at hand. is it? we'll talk to some

business titans with their own read of what comes next

neil: all right. the dow, s&p hit records today after decisive republican win. it wasn't exclusively that, but it was the win

that brought buyers back. they are convinced that good times are aheaa. former best buy ceo brad anderson of what they make of this rally. what do you think in whether the markets are right to seize on this? >> obviously the markets had a good day today. the question will be, are we going to see differences in the policy going forward? is this going to change the president's 6-year stance and will we have pro growth strategies. neil: i don't see that happening. >> it shouldn't. the campaign for 2016 started today there's no way that either side wants tooput the other side in the office. it's sad. neil: so, brad, the next thing, maakets love an environment where you have the one -- thee% white house under one party and the two branches under another

party, and they've got ttat. gridlock is good. what do you think of that? >> actually that's because historically they get something done because it was the conflict of those vested interests that can produce a productive environment. look at bill clinton. neil: you're right about that. i cannot see it. not to disparage democrats, i pointed it out, and maybe steve -- i don't see this president as pragmatic as bill clinton. >> and bill was more centerrist than this president. we need help on taxation, we need help on immigration, we need help on energy. neil: what will he help on? >> i don't know. he mentioned today taxation and he @entioned immigration. he would love to have help with immigration. but, you know -- neil: the executive order staving off millions of deportions that won't happen. >> we won't wait. one congress can't find the other.

and what realistically can we get done? in order for this market to continue, we need something, and it has to produce growth. taxation is the place to go. neil: you're right. something to allow a lot of money to come forward. brad, what do you want to see? gridlock is normally good, but that money is locked up abroad and it could have an amazing boom to the economy if even some of it were allowed back. >> i think this is a long shot, but there is a -- if the republicans draft this legislation in a careful enough way that it can be attractive to democrats, particularly democrats in the senate, some of this stuff you can do clearrenough because there's so much opportunity -- neil: two quick examples. >> they hinted, get a veto approved bill through. neil: you have 15, 14 more democrats than before.

>> it's possible. neil: you can do it. >> you need 60 votes, but the thing that could help the economy most is to bring $2 trillion back. give them another holiday and get that money back to work in jobs. neil: even if you have to do a quid pro quo for workers, but do it. you guys should be here solving all this. just common sense business. guys, thank you very much. well, potential candidates r gearing up next, where y a certain pot proponent named gary johnson, he just could be, no offense smoking all the other guys who are aiming to live in that house.

>> we've been here working here for hours. >> shut up. >> no idea where i'm

going with that. neil: let's recap theee races if you just joineddus now. something about how your evening is going if you just joined ussnow. that was just a reminder of sommone mentioned chris christie. we were here for you to bring the best coverage for you all day every day on fox business. we're at it again with this guy, gary johnson. you rememmer him ran for president. two-term governor. was way ahead on many issues, but on the marijuana issue a lot of people joked about it, but he said it was a basic right. now oregon voters alaska, washington, dc, approving this. we could be looking at a dozen states allowing it for medicinal purposes. gary johnson, on this issue like many, you were ahead of the curve.

>> well, i think running as a third party candidate, i liken the debates right now, coke and pepsi. democrats and republicans. you know, they talk about the economy. they talk about corporate taxes. coke says, let's drop it to 30 percent from 33 percent. pepsi says let's drop it to 28 percent. well, let's eliminate corporate tax. let's eliminate income tax. let's abolish the irs. let's it with conassumption tax. the free market would say that's really the logical way to do it. neil: are you smoking pot right now as you say this. >> i will stop after this show. neil: people hear the wisdom of that, explain why it's not crazy talk. >> t's not crazy. all the talk about jobs, why would a bbsiness locate company anywhere in the world other than the united

states. replace it with a consumption tax. for those watching -- neil: wouldn't that put a chill on spending? >> well, actually -- neil: becauss if you remove the income tax. >> it would be revenue neutral because you have embedded taxes, embedded federal taxes in everything you buy. if you take a can of coke, a can that sellss% for a buck, you have 28 percent embedded tax in that coke. neil: pricey can of coke. >> wouldn't you consider social security match. wouldn't you consider medicare -- meeicare and the taxes that coca-cola pays to the federal government. neil: you make good points. i've told you that. it's always a tough road for a guy like you, for independently minded people. are you considering again -- you're like rodney -- we know the

temperament in the country certainly changed yesterday. >> i'd like to. the only way a third party will win is to be a part of the presidential debates. we are suing them, that if you're on the ballot in enough states to be elected as president of the united states shouldn't you be included in the debates. how about being ii the polls to determine who is in the debates whether that's me or someone else running. it would be great to have another perspective out there, and that would stimulate debate all around the country. you know, i hope to run, neil. neil: i always say, the more the merrier. theemore thh intense the debate, the better. you're a very smart guy. great seeing you. when we come back, lots of 2016 talk in new york, by the way, not just about governor cuomo, already people are sort of jerr jerry

mannedderring if he gets in a race, but what about governor tacky.

neil: i see thoseinals, hear that music in my sleep. possible 2016 contenders chatting with me one with me right now former new york governor george. a three-term repuulican governor in a state that is shall i say slightly democratic. he could make a credible case. he's been saying now that a lot of people pushing him for that. as i was saying in the break, governor, in a crowded field, you never know. what would get you to think about it. >> it comes down to the future of the country. i am, like i think most americans, very discouraged by the course of our government. hopefully it will get back at least partially

on the right track, but when you look to the future, as americans you and i have confidence. tomorrow is going tt be better. neil: what would be your selling point? >> well, if i do this, you'd have to have the right future for america. the ability to govern successfully. new york is slightly -- neil: rememberr9/11. >> a few crises. neil: but you're actuaaly a low-key kind of guy. you're not a loudmouth. never told anyone to shut up on the stump. >> certainly not in front of a camera. neil: what do you think of that, by the way? >> i thinii thini think civility happens. but be civil about itt% and be respectful of people who might not agree. neil: washington is far from a civil place nowadays. >> washinggon is not what the american people are. i was campaigning

tuesday with my friend and there were pickets and protesters. we went over and said hi. and they wwre friendly. they weren't going to vote for us. that's what i tried to do as governor, respect people that are part of the process, but at the end, beat them if they don't agree with you. neil: and then, of course, you did okay. but there's so many big names right now. how would you stand out? >> i'm taller than them. [laughter] >> neil, it's way too soon to say. i'm sure there will be a dozen people running. and i think that's a good thing. it's good for the american people to have a choice. neil: and just to think about another way of doing things. >> absolutely. neil: governor, pleasure to see you very much. george, you never know, but i could remember this guy when they didn't know him.

that was then. three terms later. something i said on fox business today got republicans everywhere stomping in their tracks. i was just trying to help, offer free advice. after this.

>> we're back to a majority as big as any of us have seen in our lifetimes. it maybe 100-year majority. neil: all right. you have to stop that kind of talk. you have to stop getting cocky in the moment. maybe because you're failing to see what's going on here. you're failing to see history. republicans have a right to celebrate today. i've been arguing get over it by tomorrow because it's like a snapshot. one snap, it's over. four timms in the last

decade, we've seen a branch of congress or the white house change hands. that's virtually every two years. this is kind of commonplace. tracy byrnes, i think republicans should remember they've been here before. >> you said it best. you said the vote was not because they loved -@republicans. it was because they were pissed at dems. neil: did i say pissed? that was you. >> this is the lesser of the two evils. if they were smart, they would make change happen and renew the faith in the republican party, but it's not going to happen. neil: interesting. what do you think, scott? >> next thing you know arod is the most honest guy in baseball. he is fresh meat. here's the thing, if you look at the exit polls,

economy, ffreign policy. over the next two years, what happened with those two things? obama the defense spending bill, he'll veto hat. tax reform, are you kidding me? repatriotism tax, are those your two issues that voters say, hey, we want these things fixed. i doubt that will happen. neil: the democrats when they were in charge they thought the republicans were dead and vice-versa, politicians have a way of succumbing to reality. how do they avoid that fate? >> well, more than a victory, this election for republicans is an opportunity since they now control both houses of congress. this is their chance to lay out a positive agenda. they've been branded as the arty of no. they campaigned against president's agenda. neil: they had the party no label because it was no once the

300 odd bills were put in the dead file in the senate. >> now, that's not the case. now that republicans control the senate they have the opportunity to show the american -@people, this is what we're for. this is the kind of tax policy we would present -- neil: then it's up to the president to put him in the corner. >> let's not like overfill the plate. this is like when you wake occupy saturday morning, you pick two and want to get them neil: that many? >> just pick something. the keystone pipeline. and then be done. neil: target it. >> we're not getting keystone. neil: i think we'll get that. >> you think he will -- neil: i think he'll throw a bone and say, look, i'm progressing. >> he's the new york giants -- >> enough with the sports. neil: you are very much a manly man. by the way, are these

football analogies you're making? soccer? okay. i'm looking at it saying, i do think we'll get something, not much, that might be just enough for republicans to look less like a party of no and puu the president on defense. what do you think? >> in a gallup poll in mid-october, voters were saying the economy was their number one issue. the number two issue was the way the federal government works. and i think republicans here have something to prove. they want to prove they can be a party who can goveen competently. who do not have to shut down the government. who do not have to bring the country on the brink of default on debt. that wasn't going to be the case under republican leadership in the two houses of congress. they were going to govern the country with certainty -- neil: we'll see. these guys are a little negative. i'm not. you know, the football -- >> you're the happy guy

here. neil: exactly. i haven't slept. it was the night for the reccrd books. not for washington. for us. gage wh us.

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well, i ha been researching rerement strategies. well that's what type e*s do. welcomhome taki control of urur rirement? e*trade gigives you the ols and rese you type e*?it right. neil: what a night, take a look. single. >> from fox business studios in new york city, here is neil cavuto. neil: i looe that guy's voice. but i'm never prepared for it. mitth mcconnell is virtually indestructible to be the next majority leader of the united states senate. and when republicans reconvene and maybe possibly in the majority, would you vote for him to be your leader? >> that is what i anticipate doing. >> i think that mitch mcconnell

has an opportunity to turn this around and the president could have some constructive movements. neil: tom cotton defeating mark pryor in arkansas. >> it's urning out to be a great day in ameeica. let's get things done state. >> let's have it delivered. >> my experience from 2010 makes it me think that they might be more tempted to design it so that the president will veto it. >> you are very jaded and very negative. [laughter] neil: slow up, guys. they just animate everything. peter, what do you have? -p>> i'm in the whether real but they turned it into this

fabulous space. big storm in politics tonight. neil: it's still early and we have much more to go. also coming up in the battles today, kennedy is talking about what is going on. >> all of the guys that you are campaigning for have one. are you going to run for president? >> i don't know, that's a 2014 decision. >> are you going to run for president? >> hello, thank you for being with us tonight. neil: that is your way of not answering. neil: are you open to a presidential run? >> anyone who has the ability to do so is crazy to say no. >> we've gotten this will attend

the republicans have taken control of the house again. 2016 is not going to be a guarantee for anyone. neil: scott walkee we can say has one hhs reelection in wisconsin.. >> you for your support. >> they have spent a lot of money trying to get this guy out oo office. but in fact the union members are voting for him. >> it is interesting to get this taylor swift comparison with tom harkin, but i don't know if you'll et this reference, but she shaking it off ♪ neil: it was meant to be a @%mplement ♪ ♪ neil: we are looking at a heck of a night. aad i'm just thinking that it is

going to come down to the last vote. p> this is high-tech of a process. >> i've been wanting with the popcorn in the green room >> they just need one more to take contrrl. neil: joni earnst has won in iowa. >> we did it. >> god bless this great nation. >> thank you very much. we are proud with what was accomplished. >> i am here just to tune in for you this late hour and it's early out here.

[laughter] >> i want to schooled you, mr. neil cavuto, i'm supposed to be out at 5:00 a.m. you're keeping me up late. [laughter] neil: i want to thank my crew and my colleagues and lou dobbs. you've seen a history of the nation again. neil: obviouuly we don't take ourselves too seriously. even on big historic nights we like to remind you that it's worth the long nights and worth getting a little kooky as the hours roll-on. and when i hear the business networks talk about how much your financial welfare means and they run reruns about a shark tank, i'm thinking, wait a minute, you are lying pieces of scum. we are not red or blue hair.

we are going to keep doing it. we have a lot more to do in so many more elections. thank you all and have a great night..3 kennedy: today you and he are friends because they're either in the throes of a love hangover savoring every last drop of election night, or they are suicidaa. either way, it's understandable -f you are jealous. strong reactions prove that you are alive. the hardest thing about being an independent is you can never get emotionnlly attached to one candidate or party. and so when was the last time you high-fiber hub someone because so-and-so finally