live show after-hours, foxbusiness.com/the independents. katie and jimmy will be there. thank you for making "the independents" part of your night. i'm kennedy. good night. . lou: admitting that lying to the american people was key to the obama administration, and democratic party efforts to move that massive legislation through congress, for the president's ultimate signature into law. m.i.t. economist jonathan

grubber helped draft that language, a job for which he was paid nearly $400,000 to complete. grubber admitting, quote -- a damning admission when juxtaposed to the memorandum when the president first took office in 2009. president obama writing, quote -- the president's political philosophy and election year's tactics on display today, as the administration lured targets and expectations for the next phase of obamacare enrollment. the administration projecting fewer than 10 million people

will enroll in health care insurance plans by the end of next year. that would be 25% below the 13 million enrollments the congressional budget office originally projected. you will remember, president obama was the recipient of the dubious honor of lie of the year. in 2013, by politifact. for repeatedly claim fug like your doctor and your plan, you can keep them, a statement for which he finally apologized after nearly 4 million americans watched their insurance plans be canceled. it is no wonder that 28 of the 60 senators who voted for obamacare are no longer in office a number that is expected to grow to 30 after the elections are finally decided in alaska and louisiana. also tonight, president obama was asked point-blank whether he had written a secret letter to iran's top cleric, ayatollah

khamenei that the "wall street journal" reportedly reported was discussed and which he featured a shared interest in fighting the islamic state, contingent on a deal over the iran nuclear program negotiations. this is the way president obama responded when asked about the letter. >> i tend not to comment on any communications that i have with various leaders. i've got a whole bunch of channels where we're communicating to various leaders around the world. lou: if the president's answer makes no sense to you, you are certainly not alone. hardly the tranparencly the openness, that we're used to from this administration. the president and his administration apparently didn't realize the correspondents with the ayatollah had been confirmed 24 hours earlier. before he appeared on the cbs program yesterday by the iranian government. a senior aide to iranian

foreign minister telling the "wall street journal," quote, these diplomatic correspondences have had a positive impact on iran's top leadership are and essential in changing attitudes to reach an agreement, which appears to be the response of a totalitarian government. the first, or the latter? turning to a domestic hot spot, the ferguson, missouri mayor saying he's now preparing for what he calls a worst-case scenarios as a grand jury weighs whether to indict officer darren wilson in the shooting death of michael brown. the decision is expected sometime this month. joining us to talk about the possibility of indictment as well as the role of the justice department, we're joined by former federal prosecutor, criminal defense attorney, doug barnes, and republican strategist former special assistant to president george w. bush ron christy. the st. louis county police spending $100,000 on riot gear

and crowd control systems. this seems spectacular given that what we're talking about is a lawful decision rendered by a grand jury. your reaction, doug. >> you hit it right on the head. if we have a system, we believe in modicum of ability to determine whether to charge somebody, that's only if there is probable cause. it's not in my dna as a trial lawyer, and i told ron this earlier to watch people cherry picking particular facts. throwing around red hot rhetoric, it makes no sense to me. lou: not only throwing around red hot rhetoric. we are showing reverend al sharpton, moving into ferguson. the president is not calling for calm, not calling for order, not calling for the attorney general importantly, saying everyone, let's understand that this is our system, and we will watch it work? >> that's what i think is so

dramatic about this lou, looking at the reports this weekend, one of the citizens in ferguson said we're preparing for war. where is the president of the united states in the attorney general? saying we need to make sure we're calm, wait to see what the jury has to say and follow the rule of law. and the fact that one of the organizing groups here wants 48 hours advance notice ostensibly to keep calm in ferguson to me means it's only a call to bring people in from out of state from across this country to riot. that's what scares me about what we might see in ferguson. lou: listen to the attorney general, as he what is clear to him as a result of the investigation that has not even been concluded? >> i think it's pretty clear that the need for wholesale change in that department is appropriate. exactly what the forms of that change will be, i think, we'll wait until we complete our inquiry. lou: that's the attorney

general talking about the ferguson police department. >> i cannot begin to overemphasize how ill-advised that is. just think about that. the man is the chief law enforcement officer in the country. the investigation is not complete. so we don't know what, if anything, to say about anybody's conduct, and he comes right out and says we'll need wholesale change in the department. that's shameful, embarrassing. lou: and ron, where do you turn here in this administration for calm and effective leadership right now on the issue of race? this is supposed to be the post racial president. >> you don't, you don't find anybody standing up and being responsible saying we need to come together as american citizens rather than being polarized on issues of race, and frankly, the administration officials, eric holder, president obama himself have only thrown more fuel in the fire, rather than calming race relations in the country. lou: where is the governor of missouri? why are not the local and

county and state officials, why aren't they using a megaphone that can be heard coast-to-coast in this case. >> great point. but you know, you have to look at this as two completely separate agendas being played out, i.e., national figures trying to inject themselves into something they have no business injecting themselves into. the corollary,let's say there is no indictment. will the federal government, what are they going to do? what is eric holder's role going to be? and what is the designee going to do? assuming she is confirmed. lou: loretta lynch? >> loretta lynch. lou: we can rationalize and conjure up excuses for the folks. they have a responsibility for leadership here and they're not speaking or not being heard. >> no question, and as you pointed out in the top,

ferguson spent $132,000 on weapons and armament. where is governor nixon, he wants to call out the national guard. why isn't he working with people in congress to say we need to have calm, order, they are just nowhere to be seen, lou. lou: well, you mentioned loretta lynch, the designee by the president, saying that will move her in as holder's replacement. assuming she is confirmed. >> yes. lou: is that a fair assumption she'll be confirmed? >> interesting, the initial reports say if the president is going to keep insisting on going executive order with respect to immigration. they're going to give ms. lynch a hard time in congress. i don't think it's -- hard to say what's going to happen. lou: you worked with loretta lynch. >> i worked with her in the eastern district of new york. i have a lot of respect for her. it was a noncontroversial, nonpolitical choice on many levels, and as ron and i were discussing. lou: probably less

controversial had she not been a sorority sister of eric holder's wife. >> i didn't know that. >> i didn't either. lou: that's what we do here at the news. >> a very nice factoid, the fact of the matter is. lou: could have been your fact, it's a fact. it's mine, you want to call it a fact? >> no, the second late term attorneys general, bill barr, judge michael mccasey, there is a different aspect. and i'm not diminishing it on any level, different than the attorney general there for the first six years. lou: all right, gentlemen. good have you here. >> nice to see you lou. lou: appreciate it. breaking news tonight, the united states is now officially ebola free. doctors tonight declaring the last known ebola patient in this country who contracted ebola to be free of the deadly virus. bellevue hospital officials say new york doctor craig spencer poses no public health risk and

will be discharged tomorrow. today marks the 21st day since maine nurse kaci hickox was last exposed to sick ebola patient in africa. tomorrow, she will no longer be required monitoring and be declared ebola free. good news, we're coming right back. lou: president obama in beijing trying pivot to asia. the question is, why? and why is the president and why is the president traveling so far expecting so so i can reach ally bank 24/7, but there are no branches? 24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates.

. lou: president obama taking off his pivot to asia by announcing the expansion of a visa program, with china, joining us now former pentagon official fox news national security analyst kt mcfarland. president obama, you know, was he really expressing the vision of the leader of the free world, when he said this to the chinese today? please listen. >> we look to china to create a more level playing field on which foreign companies are treated fairly, so that they can compete fairly with chinese companies. a playing field where

competition, policy, promotes the welfare of consumers and doesn't benefit just one set of companies over another. lou: what do you make of that? >> blah, blah, blah, but the chinese are treating him as if he's the lame duck president of a has been nation. and instead of going to beijing and throughout asia and saying blah, blah, blah, he should have said, look, new game in town now. america is back, we're going to accelerate american energy in exploration and independence and manufacturing, we're going to use cheap energy to make us a manufacturing superpower once again and go dn the list what we were going to do instead of the blah, blah, blah, global warming. lou: maybe he uses energy, if i can use the pun, to assert himself on iran. >> right. lou: a partnership that apparently the chinese are interested in joining with russia. maybe he was asserting himself on the south china sea taking

note that we're going to absolutely maintain the status quo there and protect the interest of our allies there. maybe, he said, that we're no longer going to put up with the nonsense and better get used to it because a new sheriff is in town. >> right. lou: that he's exhilarated from the election results from last week? >> thecould have said one of those things but said none of those things. we're going to build up america's military, especially

. lou: i can't tell you how disappointed i was to leave the show with obama in beijing, going through the issues again, health care, obamacare, failures in terms of preserving the integrity of the country and borders and assets. cyberwarfare with the chinese, the russians. we seem to be passive and docile and frankly in many instances this administration seems just awfully unaware. >> it's checked out. and the tragedy of it is we're just a few

. lou: there isn't, i judge at least, a chance in the world that he is going to pivot in any way from his philosophy,

his ideology and the direction which he's taking this country, and that should, i think, concern every american. >> because we have two more years of it. lou: exactly. k.t., good to have you with us, kt mcfarland. the president's problems domesticcally captured by the shellacking in the midterms. his week long trip to asia. see what it looks like when it

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. lou: coming up in moments tonight, republicans on the verge of adding to new senate majority as congress prepares to contend a lame-duck session. that's coming up next tonight. first a few comments on our president abroad. president obama could not have arrived in china at a much worse time enfeebled by the failures of policies, foreign and domestic, and embarrassed by an overwhelming repudiation of those policies by voters last week. as the democratic party was thrashed at the polls last week, in one of the democratic party's worst defeats in a century, the president was

contemplating a triple abroad. in a seeming fit of the frequent delirium that grips this white house, one of the president's top advisers said this about the president's upcoming trip. he said, when we arrive in beijing, we will arrive in a position of confidence as the largest economy in the world, that's been growing rapidly, is regaining position as a driver of global growth and as a country that is more active and involved in the asia-pacific than ever before. no one wishes more than i do that those words were true. in china, it's the year of the horse. but in this country, it may as well be the year of the duck, as in lame duck. truth is, that as badsa the president's domestic state of affairs is after the midterm shellacking. it's worse overseas. the islamic state is strengthening not reeling in retreat in iraq and syria.

former soviet leader mikail gorbachev is warning that it contributes to the possibility of a new cold war. there are no signs of any sort of deal to limit iran's nuclear program. despite the president's fervent wishes. china is unchecked in expansion in the south china sea and africa, and, yes, even in

up next, president obama reportedly no longer seeing eye-to-eye with his vice president on immigration reform. reform. we'llllllllll (receptionist) gunderman group.

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. lou: well, our top story tonight, republicans likely to add another senate seat to new majority, election officials in alaska to begin counting outstanding votes tomorrow, incumbent democrat senator mark begich is more than 8,000 votes behind his republican challenger dan sullivan. there are over 40,000 absentee ballots to be counted with voter turnout lower than 2008 and 1, 2the fairbanks daily news, is projecting sullivan to increase his lead and to oustbegich. the polls in louisiana show incumbent democratic senator mary landrieu falling behind bill cassidy in the sixth runoff. if the races go to the republicans, the gop would have 54 seats in the senate. in the house, the balance of power has republicans now with

a 60-seat advantage. let me repeat that. 60-seat. seven races to decided. republicans have flipped 12 democratic seats. joining us tonight, the president and ceo of the polling company republican strategist kelly ann conway, former contributor fox news analyst ed rollins. the balance of power. 60 seats in the house of representatives. kelly, that is stunning. >> not a blip. lou: at this point, it doesn't matter much, but that has to be a daunting majority for the democratic party. >> has to be and said to me, lou, that combined with the senate, the state legislatures, the governorships of course. 32 state legislative chambers have gone from democratic to republican since obama was elected. that is not an aberration. it's a repudiation of policies but one more thing, it's a mandate for the republicans and

they need to know it's a governing mandate, a call for leadership. first thing you need to do is really withstand the president's lone ranger status on executive amnesty. 74% of americans say they want him to work with congress. 20% say act on his own. even a majority of democrats. work with congress. lou: is there any tool in the box for the republicans to stop executive orders here? >> they can pound it every day. i think the bottom line is he cannot make illegal citizens. all he can do is put off their deportation. that's what he does by executive order. lou: de facto amnesty. >> it's an amnesty, not a real amnesty. it can be changed. congress can be funded. kelly ann's point is a very important point. we went deep in the election cycle. in my lifetime, i've been around politics for 50 years, there has never been this kind of a situation. we will have more senators than

we had with reagan. we never had the house like this. never thought we'd have the house like this, and the democrats have never been at 170, 180 in the house. we have been, we know what it's like. not a pleasant place to be. my sense is the pelosis in the world are going to have a hard time and harry reid is going to be dead man walking if he is elected. lou: is that why he is smiling so much at the white house? that group of people in that meeting with the new leaders and the old, with the president, there wasn't a person in that room who didn't look like he or she was at a funeral. >> feeling moribund. have you folks running for lieutenant governor, governor, and governors the ones who didn't succeed. party of hope and future and

change in youth has joe biden and hillary clinton as standard bearer. the other thing that shocked me is so many regular people got in there as republicans. they're in the house and the senate in the governorship. lou: women and minorities as well. >> pull me up from the boot straps type of stories and accessible. if the democrats want to run as standard bearer, a woman who said she has not driven a car since 1996, hillary clinton said that, and she makes $200,000 a speech. we're the party of regular folk. get the work class voters back. >> i hope she doesn't start driving now. lou: i've been recommending to the republican party now, for just about a decade that they move toward the middle class, working men and women, small businessmen, small businesswomen. the people who are the bedrock of this country, and instead they spend all of their time having lunch with business roundtable and chamber of commerce. >> we were there in the 80s.

lou: i think with ronald reagan. >> our premise was this, if you work, you should do better than those who don't work. it's very real, and we got to create jobs, basically have infrastructure rebuilding, need to have tax reform and need to stimulus the jobs. lou: thanks to kelly ann we have heard the word mandate on this broadcast for the first time. i don't know but, you get nervous when i hear people talk about mandates. whether republicans or democrats. that tells me the next step is to overreach and to screw it all up. i can't imagine what the mandate would be for here. >> look, the reason i say mandate. i don't think the republicans got in for power's sake. lou: what's the mandate for? >> to stop amnesty. to make sure the newly created jobs go to americans born here or the legal immigrants already here. the premise pushed the cynical mean that illegals are here to

do the jobs that americans won't do. americans are saying i need to do that job. >> what we get with a majority like we have is the opportunity to selectively move agenda forward. he vetoes it, then we go communicate the american public what it is we want to do you. >> mean build a consensus. talk to the american people. >> the american public and get more people out there than just the leaders. i think the wonderful thing about having 31 governors, we have outstanding governors who are candidates. more than just the washington scene. the great thing about going deep is the young people are going to see role models in the state legislateures and governors, and that's how you bring people to the party. >> the exciting part is we've got a president right now in beijing, i don't know -- >> hopefully he's asleep. lou: he must be, but the reality is he's representing the united states for the next two years and leading the country, at least has that position of leadership. i fear for the country, i

really do. we have a government that is both divided and unsure of direction, and it's clear that the country didn't want to go the direction he's leading, now what? >> no president has gone overseas to the international and the weakened position probably back to hoover or wilson, even carter's position was stronger. this would have toppled any other government in the world, this kind of election. most people don't understand when you lose congressional mandate, you lose your seat us and lose your place in power. and my sense is they get to watch it all on cable, fox, all the rest of it, international television and they know he's a weakened president and a lame duck. >> i have a lot of faith in the government, and i'll tell you why. lou: the government? >> the governance. the house passed literally hundreds of bills that sat on harry reid's desk, if i'm obam ai feel like i have a role in

washington. i can't imagine he's going veto everything unless he wants to completely decimate his party. >> the president feeling embolden, when i see him clearly as emfeebled and weaker not by his choice. >> this is a repudiation of his policies. make no mistake, my policies are on the ballot. the democrats who didn't want anything, who he, every time they wanted him to campaign and raise money for him. he could no longer distance himself. he could say yea or nay to a bunch of bills that never made it to his desk. it's all about what goes behind the semi collons. >> it will be a disaster. lou: what is your reaction to the news? jonathan gruber, the m.i.t. economist admitting cynically the entire administration lied to the american people, did so consciously on purpose and were motivated to do so for the

political reason. >> they knew exactly what they were doing, knew they couldn't start the bill in the house, it has to go to the house ways and means committee. harry reid and pelosi created a bill that nobody read, forced it out very quickly and at the end of the day, the american public is going to pay a heavy price for. >> the supreme court reverses it and creates a law that is -- >> based on taxes. >> the chief justice will have one more shot to make it right. >> the enrollment numbers are serious, people aren't buying it literally. there is so much confusion and uncertainty. lou: they reduced the projections for obamacare from 13 million by the end of -- 13 million to 9.9 million by the end of 2015. that's a heck of adjustment even by government standards. >> everything that goes wrong with the health care system had lots of problems before obamacare is blamed on

obamacare. doctors are going to say i would do this because you can't because of obamacare. hospital is going to say i'd put you in the emergency room but you can't because of obamacare. my sense is the legacy of obamacare is going to be a detriment to any legacy. lou: a president in search of a legacy and with only two years to find it. thank you so much. >> pleasure. lou: up next, conflicting reports on the success of u.s. airstrikes in iraq. we'll have the latest details in the fight against the islamic state coming right up. stay with us. 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. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider

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. lou: mass firings at the department of veterans affairs today, announced on the eve of veterans day. secretary robert mcdonald announcing 35 officials will be fired immediately. up to 1,000 more to follow. agency blamed for contributes to the deaths of more than a thousand of our veterans over the past decade because of malpractice or lack of care altogether and lying about it. the pentagon saying it still doesn't know the fate of the leader of the islamic state after reports that abu bakr al baghdadi was either weakened or killed in an airstrike in iraq. catherine harage has our

report. >> reporter: after weekend airstrikes, defense and intelligent officials are assessing the fallout. they see nothing to suggest that abu bakr al baghdadi was killed. indicators that the successor has been identified, neither are true in this case. asked about the terror leader's status, given the sensitivity, a state department spokeswoman read from a prepared statement. >> we cannot confirm if isil leader baghdadi was present. >> reporter: even government officials admit is a confused picture with u.s. airstrikes friday targeting a heavily armed truck convoy in mosul. tribal leaders in twitter report baghdadi was wounded in another location. 250 miles away and transported to syria for medical treatment.

military officials say the strike shows u.s. and allies are slowly building an intelligence gathering capacity. >> either they have people inside finding a way to get information out to the u.s. and/or the iraqis, perhaps in the chasing down the $10 million reward, or that we have found a way to break into the communication cells. >> reporter: with a limitation of airstrikes clear, three months into the campaign, the administration builds the trainers and adviser as the next logical step. at a news conference with the australian prime minister tony abbott, mr. obama explained the iraqi military that collapsed over the summer would be in the lead. >> we could provide close air support, logistics and intelligence, they're the ones we have to fight. >> reporter: if the islamic state did lose leader, the terror group is gang new followers. egypt's most dangerous militant group has reportedly pledged

allegiance to isis. catherine herridge fox news. lou: the dow industrials up 40 points, the s&p up 6. new record highs, the nasdaq up 19 points. 3.2 billion shares traded on the big board. general motors ordered half a million replacement ignition switches nearly two months before the massive recall according to new e-mails. and a reminder to listen to my financial reports coast-to-coast on the salem radio network. family audiences helped push "big hero 6" to the top. the animated adventure earned 56 million dollars, that beat out paramount's "interstellar." the big box is starting to roll in. marking the fourth time in history that two films debuted to more than 50 million at box office. third place to go"gone girl."

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. lou: president obama may be in beijing, but he is really, really setting off a firestorm in this country, particularly among those in the cable

industry, and the internet service providers after urging that the federal communications commission take a tougher stance against the creation of the so-called internet fast lanes. that's when internet providers reach deals with netflix and youtube to bring movies and content faster, but at a premium. the move is a potential source of revenue for those companies but president obama says that it should be banned and heavily regulated. >> ever since the internet was created, it's been organized around basic principles of openness, fairness and freedom. there are no gatekeepers suggesting which sites you get to access. no toll roads on the information superhighway. this set of principles, the idea of net neutrality has unleashed the power of the internet and given innovators the chance to thrive. lou: i don't know about you, but that's stirring for me. and if the president approves

the president's recommendations, the internet would be regulated like other utilities, telephones, electricity, water, you name it. and we're going to be taking that up in just a minute. chinese government apratives behind a massive hacking scandal that involves the postal service. some 800,000 workers victims of a cyberattack, accessing personal information including names, dates of birth, social security numbers. the hacks continue, the cyberwarfare continues without response. joining us the ceo of the cybersecurity firm network security group. john, the postal service breach it's one after another, it's postal service, target, home depot, the entire banking industry, it's the federal government. what in hell is it going to take to stop it. >> we got a call over a company in the midwest that actually had millions of dollars transferred out of their bank to multiple banks in china. this is going on everywhere.

it's -- it's twofold, number one it's the government's and foreign nations attacking us, but our job to make sure we're secure. there's a lot of things managers are doing. companies don't have fire walls, every place that's broken into has a fire wall. lou: reportedly very sophisticated fire wall. >> the weakest link is the individuals inside clicking on links that install the trojans, they open back doors, key loggers and get user name and password and that includes your network. lou: the white house itself has been accessed and successful. >> this is nothing new, the government has proven that case. lou: i don't quite understand, we're the inventors of the internet, we're at the leading edge. >> al gore. lou: yeah, al gore, we should call al gore. we are at the forefront of technological innovation and

sophistication and knowledge. how can it be, if that is true, that this is happening and without response by this federal government and by these companies? >> well, let's look at it two ways, number one, we have the internet and the connectivity does great things. by giving us access, we create the risk that causes these things. it's now the job of responsible people to look at each implementation, and then, mitigate those risks, and what i believe is happening is everybody is saying. lou: when you say each implementation, what do you mean? >> you think every network is the same, and it's not. different protocols utilized. everybody says throw a fire wall. lou: what we need is more regulation so we know what the protocols are. >> negative, less regulation. what we need are qualified engineers who know how to design secure networks. >> got to bring them over from china? >> we have them here. lou: really? >> here's what it is, the management is saying buy a fire wall, that will solve my

problems. how we impelement and configure that is going to make the difference. lou: to be clear, i wrote a book on war on the middle class in this country, i'm being facetious when i say bring in the chinese engineers. we have -- it's one of the absurdities, we have the technology industry crying out to bring in cheaper-paying -- well, folks paid less, from foreign countries than with the engineers and the systems, folks that we've got here, and coders. appalling. >> it is. lou: this president is sitting there using -- talk about false flags. he wants to regulate that which he says with such stirring words is now free. >> right. net neutrality is going to be massive regulations and social programs. it is definitely a trojan horse just waiting to happen. we were told obamacare was going to bring us all this free health care and everybody's policies were going to go down. they build a framework of

control, and that's what i think is going on inside, because all of the promises with obamacare didn't happen. just the opposite. government sells a product to us one way and delivers it another. i don't trust net neutrality at all. have you had access problems getting content? little kids are addicted to pornography because it is everywhere. nobody has problem with accessing the internet. more problem than ever before. what's the issue? i want a way to control you. lou: the fact of the matter is, there are parents and grandparents, i will add to that, who want to be sure they can control. >> they won't be able to under this. lou: i understand. we've got to get -- you know what, you folks need to come up with a new word for net neutrality for what is, because it sounds like the obama administration is on the side of the angels when he talks about that it has a nice safe ring to it when in point of fact, it is the opposite. >> absolutely. make it sound really good, and next thing you know, you're in the seat of a proctologist.

lou: elegantly phrased. elegantly phrased. that's one of the reasons you are here, you speak straight. appreciate it. i just don't know, the chinese, he let's off with a simple -- >> please don't hack us. lou: don't hack us. >> can you imagine the u.s. attorney saying go to the mom. lou: we witnessed it, appreciate it. time for a few of your comments, evan tweeted me to say --

neil: well, forget the war on christmas, why is anyone talking about the war on thanksgiving? is it me or did we just completely skip that one? i'm all for ho-ho, but before we give thanksgiving any respect no, no. tonight on cavuto, even a polar vortex can't freeze and governor huckabee on a president politically snowed in and getting the asian freeze and heads are finally rolling on the va so ideas montel worry about them cleaning the wrong mes?