the kingpins got away. we'll ask the experts. david: by some accounts, donald trump only spent two million dollars on the race. could he write even that off on his taxes? >> ceo of fantasy sports betting site draftkings says he has done nothing wrong. judge andrew napolitano is here to weigh in. david: stocks climbing at close. [closing bell rings] looks like they may end in triple digits. this is the fourth straight higher day. up over 100 points as closing bell sounds on wall street. friday it was up. we may have a valley going on here. >> here we go. here is look where we closed the day on all of the major indices here. we'll give you the count.

david: while markets wait for tomorrow, here is everything you need to know now. nukes in the hands of terrorists. that is the scaryist scenario you can imagine. international smuggling ring of isis terrorists as the intended customer according to new report from the associated press. joining me with the latest peter barnes from d.c. peter? >> reporter: a law enforcement source confirms to fox news that the fbi bottom involved in at least one international undercover operation which it seized potentially harmful illegal chemical material from a foreign seller but the source is downplaying that ap report. that with the help of the fbi authorities in moldova in eastern europe broke up four attempts by gangs with suspected russian connections to sell nuclear material to extremists in the middle east over the last five years. in a case earlier this year the apays a gang specifically sought a buyer from isis for

highly radioactive caesium. this was very serious case, a crime ring led by a russian known as the colonel, tried to sell bomb-grade uranium to a middle eastern buyer according to the ap. a law enforcement source called key elements of the story flawed that the material was not radioactive or bomb worthy. this afternoon the white house seemed on a different page, reading from a prepared statement, praising undercover sting operations like the one in moldova. >> seizure of radioactive materials in moldova demonstrates their government to counteract tactics. the united states applauds the moldova government which led to placing the materials back unregulatory control. >> reporter: a former u.s. intelligence official tells fox news that intelligence agencies as well as the fbi have been actively working to fight

criminal smuggling rings for black market radioactive material and former soviet union. david: we're not sure where all the stuff went to. peter, thank you. melissa: ben carson giving democrats a run for the money in key states of ohio, florida and pennsylvania in a "quinnepiac poll." he takes the lead over hillary clinton, bernie sanders and joe biden. while hillary's numbers continue to slip. how will democrats deal with the carson threat? blake burman breaks down the results from washington, d.c. >> reporter: the latest swing state poll from quinnepiac university shows donald trump is not losing his grip on the top spot in the republican primary. he is overwhelming choice in crucial swing states of florida, pennsylvania, ohio. followed in all three by dr. ben carson. of note in florida, trump receives as much support as jeb bush and marco rubio combined. the pollster who conducted the sample concluded that bush is quote, treading water.

while trump still remains at the top of the list who republicans say they would not vote, bush is second. on the democratic side hillary clinton is still on top but joe biden es numbers continue to creep up. he is even ahead of bernie sanders in these three states. looking long term, this is mixed bag for both clinton and trump as they lose more head-to-head matchups against other side than they win than hypothetical matchups in the state. the polls conclude biden and carson have the strongest presidential candidates. melissa: thank you. blake. back to you, david. david: emails investigation is expanding to a second tech company. p company is already cooperating. internal emails raise eyebrows like this one from a techie who is worried about hillary's server. quote, starting to think this whole thing is covering up some shady, the next word is alliteration.

we leave it to your imagination. fox news chief white house correspondent ed henry in washington with latest. ed, you have news on hillary's opposition to the trade deal she was part of putting together. >> reporter: tpp, transpacific partnership, doing an interview saying she is against tpp widely expected she would do this politically. what is she doing? trying to blunt momentum on the left from bernie sanders. lesser extent, martin o'malley and elizabeth warren not in the race but against tpp. clinton is doing this didn't want to go into the democratic debate, first one being on the fence still after months and months and months on tpp because bernie sanders next week, even though she is now coming out to move to the left against it, he will say you were for it as secretary of state. you know what, bernie sanders has been against this trade deal for years. he is not aey come lately.

-- johnny come lately. that is another political program. the fbi investigation, emails obtained from platte river employees. ron johnson, the homeland security chairman he is investigating this. number one, emails from platte river and was overseeing personal server. was this part after cover-up. there is shady bleep as you said going on. the information that platte river hired a second company, datto, based in connecticut to back up some of this data. i confirmed datto has been contacted by the fbi. they're cooperating turning over data that could be backups of hillary clinton emails. why is all of this important? quite simply shows the fbi investigation is expanding. hillary clinton pushing back, saying for example, the house benghazi committee investigation because of comments by republican kevin mccarthy. that is all partisan of the problem is the fbi probe. that is non-partisan. criminal investigation.

harder to attack and that thing is widening, david. david: benghazi is one thing. fbi probe, totally separate from what is happening from the benghazi committee. when you hear the word cover-up you wonder what is going on. ed, thank you very much. appreciate it. >> oil 2 1/2-month high before tumbling two dollars to end down 72 cents a barrel. alan knuckman joints me from the cme. what do you think is driving today's volatility? there is report from some economist meeting together, one from general motors. they think that low gas prices could be here for decades. i don't know, when ever anybody make as long-term projection like that i kind of roll my eyes. >> that sounds like wishful thinking so we'll see. if you look at markets technically, that is how it is trading, trading sideways between 44 and $48, that 44 level was tested several times unable to push.

path of least resistance is up. still not getting into 50. it actually closed negative. that could be technically a sign of weakness when you make new highs and close on the lower side of the mendoza line there. we'll have to see but i think part of the key is the dollar. the dollar stopped going up and it is stuck below 96. that is giving asset reflation and seeing overdone commodities start to get some basing. melissa: it does look weak, got to tell you that. what is the next signpost you're look for in this particular trade? >> $50. it is that simple. 50 was the old support months ago. it is pivot side. halfway from the 37 low to 62 above. $50 is what you want to look on weekly basis. everybody was short for a long time. we'll see if it pushes through on the upside. melissa: alan, thank you very much. volkswagen announcing 2016

diesel vehicles are on hold in the u.s. that contain software that requires government approval. the company will announce a recall in january of vehicles containing emissions cheating software. a day before the company's top executives appear before congress. that's tomorrow. what is sure to be a very tough grilling. stay tuned for that. anheuser busch sweeting takeover for rival sabmiller after previous approaches were rejected. the takeover would create the world's largest beermaker, giving it 31% of the global beer market. gopro shares tanking after a morgan stanley analyst declared the company's new teeny cameras a flop. of at company cut prices of cameras in face of weak sales. that is tough for that stock. david. david: i will watch the vw hearings tomorrow. we told you this was coming last

night earnings of yum! brands are getting crushed. shares down 19% following dismal sales overseas. pizza hut, taco bell, the parent company blaming china for its stumble. more earnings including bellwether alcoa, how will this factor into the earnings season. jonathan, jo ling kent, our own jo ling kent, lived in china, knows it well. she says we're only see the tip of the iceberg, iceberg being downward movement in the economy. do you agree? >> path of least resistance for stocks, chinese equities and our own stock market certainly is down. when you see a move of 20% decline in yum! brands, this is not a microcap company. this is a pretty large company. she was seeing real surprises to the downside in large cap companies particularly in china. despite the bounce today and

last couple days i think path of least resistance for stocks is still down. david: jeff, companies like alcoa, reporting tomorrow, they have huge exposure in china, will they be crushed the same way yum is? >> i take a different tack on that. i think china is slowing. i think gdp growth will center around 5%. i don't think china implodes like a lot of other people. i've been hearing that for six years. i don't think china will -- david: how do you explain what happened to yum! brands then? >> i think it is a one-off item. you know, there is a slowdown going on in china. there is a movement in this country not to eat food like that by my generation. i think there is more to it than just china. >> what do you think, jonathan? is it one off or yum? they did have a problem with tainted food before. >> david, look at the performance of chinese equities. take yum off the table. chinese, emerging markets across the board have been a disaster.

that is one of the reasons why commodity plays which led the market for a decade have been disasters. one positive note, last couple days, we heard it from the floor of chicago mercantile exchange, oil, gold, some commodities bellwethers for china are starting to strengthen. that is good for a short-term bounce but longer term i don't see any strength that makes me wantput more money to work. david: jeff, look in the past few days action, does that get us back over to 2,000 in the s&p? we're only couple point from 2,000 and a move upward like you were expecting from the beginning of the year? >> i would follow up on that saying we avoided emerging markets. as far as the dow and s&p, looks like they bottomed. you had a retest of the capitulation lows tuesday. i think you will run into overhead, 2,000, and excuse me, 2021. i do think we have higher objectives. then i think you get another attempt to sell stocks late in

the month. david: very good, guys. jeff, jonathan, appreciate it. >> largest single day release of federal prisoners in u.s. history is happening later this month. a third of them may be deported. judge andrew napolitano will be here to weigh in on that one. david: we need the judge. good to see him here. details of a tough new law in the books in california sparking controversy and the threat of a lot more lawsuits to come. melissa: just what we need. new york's attorney general is launching an investigation into two major fantasy sports sites accused of insider trading. draftkings ceo is on the defense saying they have done nothing wrong. no matter where they are. the microsoft cloud gives our team the power to instantly deliver critical information to people, whenever they need it. here at accuweather, we get up to 10 billion data requests every day. the cloud allows us to scale up so we can handle that volume.

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if something, like this scary storm, takes it offline. so i can rest easy. what. you don't have a desk bed? don't be left in the dark. get proactive alerts 24/7. comcast business. built for business. david: fantasy sports scandal continues.

new york attorney general eric schneiderman opened an investigation into draftkings and fanduel saying employees may have exploited access to non-public data. could this be beginning of the end of the fantasy sports websites. our own connell mcshane hopes not because he relies on these for half of his income, right, connell. >> never played them in my life. david: i'm joking. >> never played a game of this in my life as a matter of fact. david: what is the latest. >> learned about it a lot last couple days. seemed like a no-brainer, we were talking about this yesterday. it needed to be said, it was by both of these companies today, if you work at one of the fantasy sports websites, you can't play and make money on other one. new statement from draftkings in part, reading draftkings employees will be permanently participating in any public daily fantasy games for money and prohibit employees from any operator employing on games on draft kings. you would have thought that would happen. it is happening.

one of these employees as you may know by now managing to win $350,000 on rival's site. there are accusations the person did it with special advantage, having access to data that the other people didn't have. the company disputes that. this is jason robbins talking to maria bartiromo this morning. >> he was sent the data after his lineup was locked on fanduel. so he had no ability to he had it. it -- edit it. there was no possibility the information was useful to him. >> the timing, that is still a question. the company is claiming, as you heard the ceo say that he hadn't received this in time to do anything with it. we asked to see the documentation they claim they have of that? haven't received anything of yet. attorney general is on the case, david. eric schneiderman. he wants to see information as well. he basically wants to see who are these employees that have, that do coding for website, that set the whole thing up.

what the rules that surround them. giving to the 15th to give them an answer. david: hope it doesn't become a political football. had to throw that in. melissa: that was terrible. david: a reminder, our parent company 21st century fox is an investor in draftkings. connell never bet in sports game in his life. melissa. melissa: to sort it out, fox news senior judicial analyst judge andrew napolitano. i am trying to figure out what attorney general eric schneiderman is looking for? what is the law that was broken here? >> i guess it would be, notwithstanding what the company said, basic cheating, unfair competition which would violate new york's antitrust law which was not revealed. if for example, draftkings said come and bet, come and bet, but our employees will bet on basis of inside knowledge, if that were a disclaimer there would be no violation of the statute.

but if the employees obtained an upper hand unfairly because they had information not made available to the average better -- melissa: they were not betting on that site. they were betting on different site. >> this is question of fact, whether knowledge of what happens on one site aids you in betting on the other. look, there are a lot of us who believe that insider information is a commodity, that you ought to be able to trade on. that is an asset. that is not the law of the law is if an insider takes unfair advantage, there is no notice, then the gain can be undone by the courts. melissa: i can't believe he won $350,000. i had no idea how much money was on the line. >> ask mcshane how much he lost. melissa: another story that caught my attention, the justice department will grant release of 6,000 prisoners incarcerated on drug charges. 6,000 criminals. it sounds like a lot but i guess in the grand seem of percentages it is really not that much.

>> these are not drug dealers. these are not people who gave drugs to children. these are people who used recreational drugs themselves and got caught. the justice department is doing the right thing by releases them. releasing them at the tail end of their sentences. so someone due -- >> say that as libertarian though. following the letter of the law. >> i also say it as a former judge, and this is me speaking now, loathed having to send people to jail for longer than they deserved because the state forced the judge to do that, because of draconian sentencing laws. you're talking about a guy who gets caught with enough marijuana for himself and his spouse in his home or his car. not distributing it. not giving it to children. didn't cause any harm for it and forced to send jail for five years. five years will make his life and his family's life infinitely worse. melissa: let me ask but the idea a third of those released will be deported.

why weren't they were deported in the first place? >> that is a very good question. that is judgment call by the prosecuting authorities of the states or in this case the federal government. the federal government sometimes thinks it has to have its pound of flesh. melissa: at my expense though. >> far more expensive to keep somebody in jail than it is to deport them. melissa: judge andrew napolitano, always a pleasure, thank you so much. david? david: good to see the judge. only takes two million if your name is trump. one place donald is not outperforming his competition is spending. never ready for prime time, the new trend that could spell the end of cable tv as we all know it.

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actually, knowing the kind of srisk that you're comfortable sure thiwith,ight? i'd steer clear. really? really. straight talk. now based on your strategy i do have some other thoughts... multiplied by 13,000 financial advisors it's a big deal. and it's how edward jones makes sense of investing. david: well the man with the most cash in the race spending the least on his campaign. fox news confirming that frontrunner donald trump has only spent two million bucks so far on his campaign, much less than his top tier rivals.

with me for example business's charlie gasparino. john tamny, real clear markets who wrote a article how good trump's plan. ross perot spent in today's money $100 million on his own campaign. if trump only spent 2 million, i'm wondering if he is willing to dig deep into his pockets. >> who is ross perot? i make millions and millions. melissa: no, terrible. terrible. stop. david: not good imitation. >> i would say this about donald. brilliance of donald trump he is amazing show man. he is best candidate. bush campaign did analysis when he goes on attack, says he goes after lindsey graham or somebody. , what would be comparable media buy for the attack ad if it was paid for. they say it lasts three days, in all the other mediums, the comparable ad buy would be

$25 million. david: wow. >> for free, trump generated millions on separate attacks that give him so much publicity. the that is the positive. i'm not expert on this, i talked to a lot of fund-raiser, donald has no statewide organization in places. david: good point. he will have to get that beginned up. >> some people say he doesn't need one. that would be unprecedented. david: john, one thing he has is tax plan that turned out pretty good. a lot of foals -- folks like me wondered whether he would turn out with a positive growth tax plan. you analyzed in real clear markets. what is the best thing about it? >> best thing he wants to zero out the estate tax that is it underrated for how big it will be for growth. really rich people have the most important capital at all. money they're willing to lose. any of us can invest in ge, goldman sachs, mcdonald's, microsoft.

the super-rich invest in the companies of the future that may die and they -- david: they inherited it and don't worry they will lose it. >> not so much that that they have so much money they can afford to liz. espn was creation of the getty oil trust. you need that estate tax wealth going towards risky ideas. david: nobody knows risk like trump through, right? he risked a lot. but he has lost some too. >> republicans are coming out with very interesting tax plans. i kind of like all of them. david: do you like donald's the best? >> they're all good. some are better in different ways. i will say this, that is really healthy debate. what you're getting on democratic side which is fascinating is class warfare. hillary clinton from what i understand, next couple days will put out her wall street reform proposal. this will be another attack on wall street. it's a way to apbees the left, maybe attack biden who a lot of

people think is getting in the race. he has a lot of support on wall street. this is really class warfare -- david: john, have you seen anything from any democrat, frankly only a socialist versus hillary, biden might get in, that is pro-growth? >> that is what we have to realize, the priced after mission is major tax cuts. for democrats, exact opposite. face it neither side will do much. trump has some really dangerous stuff. david: john tamny, if you don't read real clear markets every day you're not getting the news. charlie gasparino. good to see you both. melissa? melissa: devastation continues in south carolina with the death toll rising as the state braces for a second round of flooding. plus nuclear weapons in the hands of terrorists. our panel weighs in on a terrifying threat from a thriving black market. that is next.

melissa: concerning new reports in fight against isis after app under cover investigation found smugglers with suspected russian ties trying to sell nuclear materials to isis. a thriving black market, now a big threat in the middle east. joining me, captain chuck nash, fox news military analyst. ric grenell, former advisor to the u.n., fox news contributor. james carafano, heritage vice president and of foreign defense policy. thanks for joining us. captain nash, let me start with you. it is impressive they formed the

sting operation, five years going from very little knowledge to do this but on other hand main players got away, right? >> which indicates, melissa, intelligence services in russia are probably involved in this because moldova is a pretty shaky place. always seems in the five years of stings which have been fairly successful, seems the big fish get away and big fish maintain hold on nuclear material. all they have received so far are samples. melissa: rick, this looks just like a matter of time before it actually happens. people with nuclear materials working hard to sell them to extremists this is going to happen? >> yeah, we no longer have to worry about state-sponsored terrorism. we have to worry about individuals, gaining access on the black market to literally a weapon of mass destruction. they can manipulate this. they can put it in a warhead. they can simply launch. it is a problem.

it highlights, melissa we have to having a aggressive intelligence gathering this is successful technique. we must expand the programs. you have to have boots on the ground. you have to have individuals gathering this. this is tough work but obviously successful when you do it right to put people on the ground to find out where this is happening. melissa: colonel carafano, do you agree with that? is that the way we battle against this. >> first of all, wake up and smell the coffee. this has been going on since the 199s. it is not new to find russian mafia guys trying to sell real or fake nuclear stuff. it is also not new to see extremists trying to buy it. al qaeda tried to buy it. not surprising isis might want to buy it. chechen separatist its had this stuff. they staged dirty weapon attacks. so it is not new. the number one thing is, this is 365 days, 24/7 thing, number one

you break up the terrorists ring and fixating whether dirty bomb or car bomb, you're chasing things all day long. yeah, we should be doing this stuff, these things are great but the number one thing you have to go after terrorist groups and cartel groups. melissa: captain nash, do you agree with that? >> i do but i think they have top cover somewhere inside intelligence community and inside russia. >> they do. >> because without that, how can they keep getting away? the other thing is, where are they getting this material in the first place? somebody is giving them top cover, otherwise they wouldn't be able to operate. melissa: rick, do we know the material was real? we mentioned it earlier it could be counter fit. do we know what happened to it? >> it could be counter fit. -- counter fet. i'm sure intelligence will show what it was. this is not law enforcement issue. this is intelligence issue.

this is exactly right that they're getting some sort of protection from the top. that is where we have to break it. we have to have better bilateral diplomacy and better intelligence gathering. melissa: we'll leave it there. thanks guys. david. david: unbelievable story. a few other stories on our radar, president obama apologizing to the president of "doctors without borders" about the air attract that hit the group's medical clinic afghanistan that killed 22 people. offered condolences to the staff. assured there would be thorough and objective review of all the facts. iran's supreme leader saying any negotiations with the u.s. are now banned. he said talks with america only brought end lis disadvantages that could harm the islamic republic. stay tuned on that. the death toll from historic flooding in south carolina has now risen to 15. some areas of the state are preparing for even more flooding. a thousand residents near the compromised beaver dam were told to evacuate this morning. >> joe biden is klaining on

hillary clinton in her race to the white house but he hasn't even entered the race. we'll look what the it means for the clinton camp. america's pumpkin obsession may be getting out of hand. a shortage may leave you at the a shortage may leave you at the pumpkin patch for a while to get your fall fix. we have all the details. ights. active management can take calculated risks. active management can seek to outperform. because active investment management isn't reactive. it's active. that's the power of active management.

at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping. david: vice president biden serving up a swing state challenge to hillary clinton if he were to join the race. a new "quinnepiac poll" showing biden takes the lead in head-to-head match ups with republican candidates in ohio, pennsylvania and florida. hillary clinton doesn't get the upper hand in many of the matchups. what will the clinton team do to undermined biden? we have emily tish sussman. fox news contributor and meagan mccain. ladies good to see you. thank you for coming in. emily, first to you. michael wolff, former president

of ubs. big-time financier. he had been in the hillary camp but apparently went over to see joe biden about which we're not sure but we can only guess about the campaign, the chance of biden running. when the hillary clinton camp heard about it, they got into action. hillary called him. huma, her aide huma called him. john podesta called the guy as well. they were really freaking out about the money moving from her to him. is that happening? >> joe biden raised zero dollars so far. david: he is not in the race so far but the question, he is already lining up certain ducks, like michael wolff, apparently. worlding to "the new york times" by the way. >> sure. no question joe biden wants to be president. he already has run for president twice. the question for him whether there is real viability for him to jump into the race this late. for the system we have now, you have to raise so much money and

line up so much support it seems unrealistic for somebody to mount a serious campaign this late in the game. david: on other hand looks like he might be doing it. clinton has this smear team, i don't know of any other way to call it. dates back to the days when bill was president, when he was running as well. one member of that team is david brock. he used to be conservative. became a liberal. he is kind of a fat gnat tick supporter. he sent out messages to the biden team. if you leave now you go out with esteem and respect, if you try to run for president something may happen. >> why 60% of the swing state voters have trustworthy problem with hillary clinton. they are spreading rumors about joe biden not going for the usama bin laden raid when that happened. it will get dirt dirty and ugly especially women voters, down 30% from july with women voters. i don't doubt it will get

dirtier around uglier. the american public is over hillary. david: the email thing continues to drip. it is actually pouring right now into her campaign. this new email which came out from one of the techies who is working for the server company saying i'm starting to think this whole thing is covering up some shady you know what. the word cover-up, when you hear the word cover-up, discussion of a politician is bad. >> david, i feel like so much about politics is personal. so often these campaigns forget about that. i don't think most voters support a candidate because of energy policy or health care policy they usually support a candidate because they can connect with them in some way. seem like them. seem likeable in some way. this is hillary clinton's greatest liability and joe biden's greatest strength. he seems likeable. whether or not he seems like a buffoon at times, he had these laughable moments, whether or not he has money and infrastructure to really get all the way through an election is

sort of hard to know but he has the likability factor and i think that is very important. david: emily, we have only 15 seconds, what percentage chance you give joe biden running? >> oh, i say at this point, maybe less than half. david: less than half? >> yeah. david: wow. >> i think he is still weighing it but -- >> i disagree. david: meagan disagrees. sabrina you think what? >> 60/40 he will run. david: thank you very much, panel. appreciate it. be sure to tune into stu varney tomorrow at 9:00 a.m. he has exclusive interview with another presidential candidate, dr. ben carson who is doing great in the polls by the way. meanwhile senator harry reid is going to court. the minority leader in the senate filing a lawsuit, claiming defective exercise equipment caused a loss of vision in his right eye. senator reid says he was using a theraband on new year as day, it broke or slipped from his hand. the device is manufactured by

performance health. often used for rehabilitating muscles after surgery or injury. melissa there have been a lot of rumors what actually happened. this may put it to bed. melissa: there you go. cmos, i think chief marketing officers, can't stop worry about cord cutters, never are future threat. new study shows by 2025, 50% of the adults under the age of 32 won't pay for traditional cable subscriptions anymore. for more, deirdre bolton joins us right now. >> tearing myself away here from the laptop. anybody who watches "house of cards," "orange is the new black," knows all about the power of original programing as per streaming. netflix, hulu, amazon streaming, video, whatever your poison is melissa, seems this is what is getting eyeballs on a lot of younger generation. people 30 or under. they just don't care if they ever watch what we would call

normal tv. so you gave that stat. by 2025, 50% of adults will either be cord shavers, just basically paying for very cheap cable package. then having these add ons, or, cord-negative verse, they subscribe one at a time, whether hbo special streaming, netflix, hulu, any of the others, getting their entertainment that way. >> you still need high speed data into your house somehow. that is the way the business morphs. deirdre bolton. we'll see you at the top of the hour for "risk & reward." can't wait. david? david: right here, a new equal pay law in california may look good on paper but companies should be prepared for a lot more lawsuits. we have a panel to weigh in on that. we all new tom hanks was a good guy. we'll tell you about his latest abuzz.

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go long™. ♪ david: whether it is on wall street or main street here who is making money today. yellowstone national park, a great place, more people visited the park than any previous september. it set a new annual visitation record with 3.8 million visitors. pumpkins for halloween but libby the manufacturer of pumpkin in a can said crop yields could be down as much as a third in illinois. that is an important state. that is where more than 90% of pumpkins in the united states come from. tom hanks taking to social media to reunite a college student with her lost i.d. card he found. his tweet has been retweeted thousands of times. favored tens of thousands of times. the professor notified her of her new fame since she doesn't

have a twitter account. melissa. melissa: california passing one of the toughest pay laws in the nation. it is illegal for paying woman list than men for doing same work. this says substantially similar work. joining me, sabrina schaefer of independent women's forum. emily tish sussman, center for american progress action fund and jonathan hoenig, who is from capitalist pig hedge fund and fox news contributor. jonathan, i love you're on the panel. didn't know there was a guy joining us. >> good to be here. melissa: the burden is on you, my friend. let me start with sabrina first, though. substantially similar work. they say an employer a man or i would think a women's pay is higher based on factors other than gender. that seems pretty silly still, wait a second, they had a different education and they have been here longe how much teeth is in this anyway. >> right. i mean this is why this is gift

to trial lawyers because this is so vague, it is going to open up all sorts of potential for lawsuits. going to make women more costly to employ. make employers less likely to hire women. make the work place less dynamic. this is premised on faulty idea that women are only paid 77 cents for dollar man is paid. this perpetuates idea that society and work place are hostile towards women. all in all it will have negative economic consequences. >> emily, i bet you disagree? >> i do, i do disagree. look, this concept in this bill of equal pay are wildly popular. if this is so terrible to businesses in california, why do the california chamber of commerce support it? why do majority of the republicans in the state senate support it? this is not only popular it is necessary. melissa: emily, hang on. maybe they support it because it is nonsense? to me it seems also subjective. when you look at two people next to each other, there is nothing about them that is the same. so if they happen to be opposite

genders how can you say they're the same? the reason why this one is being paid more than the other is because of gender? everything about them is different. i mean they have different years of education. >> give employer the opportunity to be able to say that. melissa: they already have it. >> exactly the same role and being paid differently. another piece of this legislation i think is incredibly important it gives employees opportunity to ask one another what salaries are without fear of retribution. that is incredibly important tool people need to tell if they're being paid differently in the work place or not. melissa: jonathan, i think there is something to the point this is gift to trial lawyers. to me everyone will think they have a case. they will spend a lot of money. and all it will do is make lawyers rich. >> and deterrent, melissa, to hiring anyone. why would you want to hire someone full time with tremendous risk and liabilities as you point out? you alluded to it moment ago, melissa. quail pay, we're not all equal. none of us in fact are equal.

some women are worth a lot more than men in the work place. cheryl samburgs, carly fiorinas, meg whit mans. for anyone given higher wage because a government official demanded it that is insult to anyone that received that and certainly not for a free marketplace. melissa: sabrina, go ahead. >> it undermines why businesses want to employ women. women shattered glass ceiling. they're outpacing men education alley, professionally, doing everything and then some. extremely important to the bottom line. businesses understand that. the idea all businesses say, a woman coming in for the job i will pay her less simply doesn't add up anymore. i think there will always be bad employers out there. there are bad people. laws like this will be very damaging. melissa: i wish we had all time. david: equal opportunity is not equal outcomes, correct. melissa: that's true. david: better make your minutes count. we'll tell you why, coming next.

you can't breathed. through your nose. suddenly, you're a mouthbreather. well, just put on a breathe right strip which instantly

opens your nose up to 38% more than cold medicine alone. shut your mouth and say goodnight mouthbreathers. breathe right big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

>> predicting end of the world. having a good day today? , i love the song, the end of the world as we know it. >> according to one religious group. david: e bible fellowship based in pennsylvania. it says today is the day the world will be gone forever and quote, annihilated. now we're laughing. maybe it will happen, who knows. the organization though previously predicted the world was ending on may 21st, 2011. as far as i checked, that is not the day the world ended. >> didn't happen but i knew it this morning i wouldn't put gas in my car. david: old sayings, live every day if this is your last. because some day you're right. >> we won't see it coming. show you the market, just in case it isn't the end of the world, you may want to know what the 401(k) is doing in case we have more time on the planet. david: we're close to 17,000 on

the dow and 2,000 on s&p. those are key. again numbers are just numbers. we have to wait to see what happens with china but there does seem to be a turnaround. the question is, whether it will last. >> i thought you were going to say we have to see what happens tomorrow. david: if there is a tomorrow. >> that does it for us. "risk & reward" starts right now [shouting] deidre: this is just released video from a smuggling bust of nuclear material. the fbi foiled four plots by gangs to sell nuclear material as terrorists were trying to buy it. welcome to "risk & reward." i'm deirdre bolton. sources say during the last five years gangs in eastern europe were trying to sell nuclear material to isis. fox business's ashley webster with me now with the very latest. ashley the latesse