he joins us this hour with full reaction to this and much more. david: flint, michigan, a city in the heart of america struggling for something as probation aches clean water. we have latest on details of a lawsuit that was just announced tonight. [closing bell rings] melissa: big selloff the last hour but stocks are fighting back as the closing bell sounds on wall street. here is a look where we are ending the day. the dow down 221 points, about 1.4%. s&p and nasdaq trading lower as well. nasdaq there off the most on percentage basis. better than 2%, david. david: 24 of 30 dow stocks are in the red. the dow saw a 360 point swing today, up down, all around, dropping over past couple hours. adam shapiro on floor of new york stock exchange. adam, what happened? reporter: there was a lot of question because right after the federal reserve statement you saw the dow go positive briefly and then we got the big selloff. what i asked different traders

what do you think is going on here, lack of clarification. they didn't take an interest rate increase off the table in march. there was no kind of language saying it was off the table. so that spooked some investors who want to take money off. in cases like a stock like disney we were talking, time they think, get the money off to the side. now we have to look he three months from now with a potential interest rate increase because the fed hasn't ruled it out. one other thing happened, david, when you look at s&p 500 we had different levels we're watching. first was 1895. we hit it, shot back up but when we broke through it, became 1889 but when we broke through that is when we sold off. david: fundamentals and technicals from adam shapiro. thank you, adam. melissa. melissa: five days from iowa where stages are set. ted cruz is front and sent forefox news debate tomorrow night. he is joined by marco rubio,

jeb bush, ted cruz, ben carson, chris christie and rand paul. noticeably absent, donald trump. he decided to skip the debates. reporter: latest on donald trump's absence from the debates. he is trying to since last week to get megyn kelly bounced as one of the three moderators. fox news would not accede to that demand. he decided to take a walk. not a minute after donald trump made that decision and announced that decision, ted cruz jumped all over it, leaping on his withdrawal, mocking him as being afraid to debate. also implying that trump would be a weak president. >> if he doesn't is accept he is telling men and women of iowa he is not willing to defend his record. he can't defend his record. he is admitting that he can not stand the scrutiny and that means he is not up to the job of

being commander-in-chief. anyone scared of megyn kelly is not going to be stand up to hillary clinton or vladmir putin and we need a strong, principled conservative president. reporter: at a big event at university of iowa last night trump didn't even bring up the debate but he did take direct aim at ted cruz, painting him as candidate who is becoming increasingly desperate and unlikeable. >> why is it that i'm leading ted cruz with evangelicals and why here i am leading him and leading him big nationwide? because he is really nasty person. people don't like him. senators don't like him. the people he works with don't like him. reporter: obviously donald trump supporters will stick with him with the decision to pull out of the debate. what about all the undecided voters? there are more than 30% here in iowa. will they look at donald trump we appreciate the fact he pulled out or will they look at him, like some. folks, you know what, that is not the type of person i want to vote for.

we'll find out monday. melissa: we sure will. thanks so much, john. david: how is all of this playing out on the campaign trail. "washington examiner" chief political correspondent byron york is on the trail in des moines, iowa. he joins us now. he is also a fox news contributor. byron, how is the news being digested there on the ground? >> well it's a little hard to digest. nobody quite knows what it means. i have talked to political types unaffiliated with any other campaign inside of iowa, outside iowa today and they're not exactly sure how is plays out. some of them felt that some of the blamed fox news for the whole problem. some of them were siding with trump saying that fox had treated him unfarly. there are just opinions all over the place. and they, what they can't tell is all of these voters who we don't know if they will show up anyway on monday, how are they being affected by this? i have to tell you, if anybody tells you they know what the effect of it, i don't think they do. david: well, you wrote a piece

today explaining a little bit what it means at least as far as the competitors of donald trump. you suggest that cruz could really benefit from this. explain. >> well, there are a lot of people, you have to remember when you talk to republican voters here and find somebody who either likes trump or cruz, they generally like the other one kind of okay too. maybe they were on the fence, if they also like trump they also like cruz. i was going around with cruz yesterday and a lot of people told me about trump. they said you know, just seems a little risky. he is a little bit knee-jerk. he seems to be kind of impulsive. he doesn't he provide that sort of sense of security and consistency that some voters want to see in a president. and they kind of think, you know, if donald trump were president, boy it would be just one thing after another like this. like this debate brouhaha. split personality doesn't like it. david: this plays into that uneasiness a lot of republicans -- this is beyond, by the way the establishment not liking him because he is

anti-establishment. this is beyond that. just even among some trump supporters there is a little uneasiness about this. i'm just wonder ifing you heard anything whether donald trump may actually, after all this is over, may actually show up tomorrow night? there is some suspicion that he might? >> there is some suspicion just this grand entrance, this change but the trump people tell me that no, at debate time tomorrow night, donald trump is going to be having an event somewhere in the des moines raising money for veterans. he threatened that in the past. maybe i won't go to this debate, that debate. i will hoed an event for veterans. they say that is what will happen at debate time tomorrow. david: you never know, you never know with donald trump. >> no. david: maybe a cameo at some point during the evening. great stuff, byron. appreciate it. >> thank you, david. david: facebook reporting fourth quarter results. we're just getting them in.

jo ling kent standing by in the newsroom with the numbers, jo? >> david, breaking news on facebook on quarterly earnings. healthy beat on top and bottom line for revenue 79 cents. revenue $5.84 billion. beating estimate estimate of 5.34 billion. mobile revenue representing 8:00ty -- 80% of ad revenue. we're looking at headlines. fourth quarter revenue, again $5.84 billion. and mark zuckerberg is saying that it was a great year for facebook. they said that their community continues to grow. they're daily active users look to be 1.04 billion people. so that's a tick up from the 1 billion we saw in the previous quarter. monthly active users at 1.59 billion at end of the fourth quarter.

it looks like continued growth for facebook across the board. i will dig through the numbers and bring you more a little bit later. david: is apple down, facebook up. they're selling almost exactly the same per share price. good stuff. thank you very much. melissa? melissa: the fbi thwarting a mass shooting on american soil. milwaukee man arrested for purchasing automatic weapons after authorities suspected he was planning to attack a masonic temple. fox news's matt finn has the details on this one. matt? reporter: melissa just a frightening story. it appears this guy was in the final stages of planning this attack that could have been catastrophic. fbi said they had their on hamzeh suns september and folded his plot on mass murder. he initially planned to go to the jordan and wets bank to kill israeli soldiers and civilians but canceled plans for logistical reasons.

last week they practiced shooting at local range with hamzeh, when they tour ad unidentify masonic temple that is when hamzeh asked them to be part of his plan to attack it. two machine guns with silencers. that they would be important and not quickly discovered and kill more people. hamzeh said one of us will stay at entrance to lock the door down. two get to the lift up, they will enter the room and spray everyone in the room. he told the under cover agents, we will kill everyone that. is our duty. if this hit is executed it will be known all over the world. the mujahideen will being talking and be proud of us. such operations will increase in america when they hear about this on monday hamzeh purchased two machine guns from the under cover rage cents. they quickly arrested him and recovered weapons. it is not clear why he targeted this masonic temple. melissa?

melissa: matt, thank you. europe has troubling prediction on heels of that. that isis will try to execute more deadly mass attacks this year as isis releases video feature paris attackers threaten the u.k. with us, david sears, retired u.s. navy seal. judy miller, she is also a fox news contributor. david, what do you think of that news and what do we do to prepare and protect. >> i don't think it is any big surprise at all. of course isis will continue to try again in europe. al cade will do it as well. europe face as larger challenge than we do. they have problems of open borders, trying to coordinate among police agencies across-national boundaries. they have immigrant influx problem and don't asimulate people like we do. it is issue for us but europe is leading indicator how this war

and reaction to isis and terror goes on. melissa: judy, at the same time report of study of institute of war, al nusra, al qaeda affiliate in syria is more dangerous than isis. how do you feel about that? >> i really wanted to see the report because i long worried about fixation, obsession we have with terrorist or militant islamic group of the day. and for the past year it has been kind of isis but we have forgotten that al qaeda is still there. al nusra is still there. a report that reminds us that the enemy is militant extreme islam in guises and forms is really long over due. melissa: david, europol says they're designing a system of intelligence that would help them better share information. that has been one of the biggest problems. it is one of the things you talked about. how would they do that in order to share information more effectively? what advice would you give them? >> right. this is going to be a challenge. i would have them take a look

and try and learn some of the lessons that we learned from the 9/11 commissions and some of the things we didn't implement as well, that we should have. we have the same challenge here and we still haven't overcome it. they can learn what we did and tried to do. melissa: like what? >> try to get agencies across nations to share. the problem is they're all in resource competition. so they don't want to share their tactics and procedures with other nations for fear of them exposing or losing capability. each nation is protecting itself. it's very hard to overcome that. melissa: yes. judy, they say they are training fighters, isis, that is to attack in special forces types of ways. it is only going to become more challenging from here. >> absolutely. it is challenging everywhere where you have open and free society and i think the importance of exchanging information is crucial. in europe you have a special problem because 5,000 of the

35,000 fighters from europe and around the world who have gone to fight, 5000 of those 35,000 come from europe and they are likely to come back once they acquire skills they need to conduct jihad. this is really nightmare challenge for europeans, which as your former speaker just said, do not have a habit or tradition of working well together. sharing info is so tough because it is a kind of power. melissa: yeah. >> you have it and someone else doesn't, it is hard to give it up for the greater good we all have to work together but that is what europeans must do now if they're to avoid another november attack similar to the one in paris that killed 130 people. melissa: david, judy, thanks to both of you. >> thank you. melissa: a major battle brewing at the pentagon. heads of our military branches fighting defense secretary ash carter how to best keep america safe against long-term threats. david: donald trump is taking a lot of heat from his biggest rivals on the campaign trail

after he said he is not going to participate in the fox news debate. >> if he is unwilling to stand on the debate stage with the other candidates then i would like to invite donald right now, to engage in a one-on-one debate with me anytime between now and the iowa caucuses. [applause] melissa: i'm sure el do that. one less person on the stage with senator rand paul for the main event on thursday. you bet he has a lot to say on all of this and more. he's coming up.s ♪ hands down, it was... that's who i was. after one week of chantix, i knew i could quit. along with support, chantix (varenicline) is proven to help people quit smoking. chantix reduced my urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some had seizures while taking chantix. if you have any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse or of seizures. don't take chantix if you've had a serious allergic or skin reaction to it.

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the military how to spend the pentagon huge budget. defense secretary ash carter wants to use much of the $580 million to invest in advanced weapons at expense of manpower. personnel cuts worry about military leaders. so who is right. we have former nato supreme allied commander. author of the accidental admiral. thank you for coming in. the administration wants to cut 40,000 soldiers that would be make it down to the 450,000 in the army. is that too big after cut? >> i think it is, david. there are really two battles kind of brewing, one correctly as you allude to is soldiers. cutting 40,000 down to 450,000. other is on navy side. david: right. >> not building up to the fleet to the level that the navy really wants. cutting back number of ships. david: i do want to talk about personnel on the ground because

we have all these ground actions now, whether middle east or what might happen in europe because of russia's ambitious. i would think that is at least to keep things stable, not cut forces. >> i agree with that. if you look at numbers in total budget has gone down from this administration from 4% of gdp down to around 3% of gdp. so 25% cut and we need to be prepared for these kind of ground operations. david: right. >> i think the cuts are in fact excessive. david: you're a navy guy. i know you want to talk about ships. we have also, you look at china, you look at iran, look at russia, major bodies of water those countries at which point could be rivals if not enemies of the u.s. are using. there is battle between navy secretary and ash carter.

navy secretary wants to focus on something, put up picture they're called literal combat ships. these are extraordinary vessels. the navy secretary says we need more of them. ash carter says no. what do you think? >> we need to build the littoral combat ships, the area right off the coast. this is maritime give lent of having foot soldier. these ships are perfectly capable operating in these high, dangerous environments. we do need more of them. really what this is, david is a debate between a traditional ground force maritime force and what secretary carter is advocating for is more high-tech. i think we can afford to do both but we have really got to get the basics right to support that high-tech vision that secretary carter has. david: littoral. i said lateral. littoral is the name of the ships. i didn't know. we'll have you come back.

we run out of time. i want to talk about lobbiests in the defense department, in and around the defense department next time you come in. would you be up for that? >> you bet, david. i will look forward to it. david: thank you very much, admiral. we appreciate you being on. melissa. melissa: the manhunt continues for fugitives in southern california. new details about possible whereabouts of unmates who busted out after maximum security jail. plus the zika virus hits two states from the united states. the warning from the cdc is coming up next.

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melissa: the manhunt continues for three violent inmates who escaped from maximum security jail in orange county, california, last week. officials say they believe the men to be armed and dangerous. fox news's adam housley is standing by in los angeles with the latest on this developing story. what is the latest? reporter: yeah, melissa, unfortunately they haven't found

them yet but we're learning a lot of new details how the men escaped and their dark past, put it lightly. the reward for hossein nayeri, jonathan tieu andback wong has been increased until 150,000. they didn't notice the them missing until 9:00 p.m. at night. they had as much as 16 hour head start. cut metal screen in the cell, plumbing tunnel, with ventilation shaft with sheets they put them on roof of the jail. they sawed through security bars. they repelled from the area through the area for recreation. there was no video of any of this. >> this escape is well-planned and well-thought out. we feel very confident that each of the three inmates were house

appropriately in maximum security jail. reporter: all three were awaiting trial. we also learned that escapee hossein nayeri is former marine with special-ops training and according to his wife has a history of mental illness. immigration firms said bac dong came illegally in 19991 but was ordered removed after 1998 burglary conviction. last year charged in this case again with attempted murder. they believe don and tieu have ties to vietnamese gangs may be hiding out nearby. they have no idea where any of them r they are considered to be armed and dangerous. they warn they don't expect these men to be wanted to taken alive or back to jail alive. there could be a very serious situation if anybody comes across them. as you can tell, melissa, very serious situation in southern california,. melissa: i love that comment they were housed appropriately.

how appropriate is the housing if they broke out. adam housley -- go ahead. reporter: how long took to find them and that they were gone. melissa: scary stuff. david. david: few other stories on the radar. time could be running out in the oregon standoff. people still remain in the wildlife refuge. series of check points set up by the oregon state police and fbi to insure safety for community members. aim mon bundy and one person was killed by authorities. 73rd international anniversary of holocaust day. this marks the liberation of the auschwitz concentration where one million people died. 11 million people in total from the holocaust. resident in arkansas and virginia testing positive for the mosquito-borne zika virus. virginia health department did not give specifics who testified

positive but they said residents traveled to a country where the zika virus transmission was ongoing. more on that undoubtedly coming. >> elephant not in the room. donald trump is not going to be at the debate. >> touch up the debate you moderate with newsmax. so far only newt gingrich and rick santorum have agreed. >> i have not seeing a lot of courage here are we? >> not so far. >> not lots of courage. republicans they're supposed to be brave. >> do you think you're a better mo moderator than i am. >> no. i couldn't beat you that would not be close. that is no contest. you have done a great job. by the way. i mean it. david: that was then. this is now. how will trump's rivals respond to his move? senator rand paul is here, you don't want to miss that coming next.

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melissa: just one day to gop fight night. the stage is the as candidates prepare to duke it out one time before iowa caucus except for donald trump. gop frontrunner says he will not be attending. senator rand paul says that is a win for him. the republican presidential candidate joins me now. thanks for joining us. what do you think about donald trump's stance. i guess he afraid of megyn kelly. do you blame him? >> megyn kelly is formidable. she is tough interviewer. i've been on her show many times.

you don't go on her show without being prepared and i guess he is afraid of megyn kelly but i think he is also really afraid the more he is exposed, the more people might know that he is not really a conservative. this guy gave money to the clintons. gave money to harry reid. supports eminent domain abuse, taking private property, government taking private property giving it to him for a casino. he supported bank bailouts, single-payer health care system. you name it, most issues of the day he has been a progressive democrat most of his life. i suspect he is not really conservative at all. melissa: what do you do to stand out in a debate like this? now he is not here to suck the air out of the room and give other candidates a better opportunity to sort of dominate and make their way. what do you do to stand out? >> you know, i think my voice is unique on the stage and that, i think the government has gone way too far in collecting all of our private information, our phone records, our credit card information.

i'm also alone on the stage thinking government has gone too far in putting teenagers in jail for marijuana and minor offenses. i'm also alone on the stage in saying, you know what? i think our military interventions in the middle east often backfired and led to unintended consequences. i frankly think tumbling qhaddafi led to chaos in libya and rise of radical islam. i think same will happen in syria if we try to topple assad. i have a unique voice. i don't have too much trouble separating myself out. we're glad to be part of the debate. melissa: you made it on the stage this time because you had recent surge in iowa, fifth place tied with jeb bush. abc announcing when they do the next debate, they will do away with the undercard debate. set the polls as parameters for main stage, not have the under card. what do you think about that? >> i think by the time we get to the next debate we'll have had some voting. i think voting does separate out

some things. nobody can predict the future. i think the vote will turn out differently than the polling. we need to be wary of basing all of our decision on polling. in kentucky about a month ago we had governors race. the polls with one week to go in two-person race were off about 13 points. i think we need to be very wary putting all of our eggs in a basket just with polling because i think there are other things. for example, in iowa, 800,000 phone calls. melissa: if i could interrupt you for a moment, one of the things they're going to do take the top three finishers in the iowa caucus and top six according to polling done in new hampshire. so they will put those two things together. how will you feel if you don't make the debate? >> well, we'll cross that bridge obviously when we get there. we're doing much better. what i was saying in iowa we made 800,000 phone calls. we have 1,000 precinct chairs. we think we're doing very well. we think it would be a mistake

not to include people, to include people that didn't score in actual voting would be a huge mistake. melissa: yeah. i think we're already to see voting at this point to see how it really turns out. >> you and me both. you and me both. melissa: let's do it already, senator paul. thank you so much for coming on. always a pleasure. see you tomorrow. >> thank you. david: i can't stand polls either. donald trump's decision to skip tomorrow's fox news debate dominating the campaign trail today. take a look. >> i think anyone running for president of the united states owes it to the people of iowa to have the humility to come in front of you. >> i'm focusing on future of america. i'm focused on defeating hillary clinton. >> i didn't whine, i didn't cry and i did not show up. david: judy miller is back, with susan delperseo and julian melcher. "national review" columnist. nothing donald trump has ever

said, since at least he announced when he was running nothing he said or done stopped him from daneing in the polls. will this? >> voting five days away, should say caucusing. that is big difference. talking about who i will be voting that is two weeks way way. donald trump taken his bat and ball, because he didn't like the pitcher, also told the fans i don't care about you. david: specifically on that question, is this finally something that is going to hurt him or will he keep rising despite it? >> i think it will hurt him in the end. i don't think he will have turnout he wants. when you're approaching a ballot like or caucus like you are in iowa right now, you must get people to show up. you must get people to support you. when you say i won't be there for you, they say, i won't be there for you either. david: well, judy, cruz as we mentioned is already using this -- he has a hat, you know donald trump make america great again hat.

cruz has one that says make trump debate again. i think we can show a picture of that hat. at any rate, will they make any use of this. this is the cruz hat. >> i didn't know anyone in cruz's campaign has that sense of humor. i'm glad to see they do. i think this is a huge mistake for donald trump. you have 30% of the electorate who is undecided. trump has 34%. that means the other people are kind of committed to other candidates or leaning that way. that means that 60% of those who are likely to caucus are either undecided or committed to other candidates. you have 20 million eyeballs watching the debate. david: yeah. >> how can donald trump just say, i'm going to sit with my 30% that's enough to win iowa? i think that is a terrible mistake. david: gillian, i know what "national review" thinks about donald trump very well. try to put aside the bias "national review" comes with. what do you think other candidates will do with that?

because they have been so timid about attacking donald because of feedback from him, because he hits back so hard, what will happen? >> i say pile on. this is moment where he looks weak either way. david: let me stop you there. if he is not there and they're piling on, doesn't that look bad? >> you pile on the day before the debate. the during the debate you work on having a intelligent conversation because you don't have this imbecile on the stage. he put himself in position where he looks weak or he is afraid of megyn kelly, he says he will do something and doesn't do it. david: you love the race. it is a terrific race. for everything bad said about donald trump, i wish we could talk about without using anything bad the fact he made this fascinating race. >> i was going to say when it comes to the other candidates on debate stage, yes i think they will go after trump but i also think they're going to pile on ted cruz. in their mind they have to take him down for new hampshire.

it will be very interesting dynamic. david: excellent point, ladies all. thank you very much. melissa? melissa: all right. google is putting the 2016 race front and center, launching a new political experiment for users searching for presidential candidates. deirdre bolton has the details on that. >> i do indeed. hi, melissa. seems if candidates, all of them no matter what side of the aisle you're on, you have this chance to basically create content. so it can be words, it can be photos, it can be gifs or even youtube videos. if somebody lets you or myself type in some kind after relevant search, one of these pop up boxes will appear nearby. basically it's a message from the candidate. so this is very experimental on google's part. google, as you know, melissa, cosponsoring the event with fox news tomorrow night but essentially it is giving candidates another form or

platform to get the message out. they will say whether it is success for them or not, meantime gives candidates one extra set of eyeballs and one more opportunity to get to us. melissa: there you go. deirdre, thank you very much. we'll see you at top of the hour for "risk & reward." iranian president hoping to pave a way for deals with transtoday. a law suit is filed demanding end of water crisis. >> see all the rest of the kids and everything else?

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david: iranian president ruse hossein rouhani. after number of western countries recently lifted

economic sanctions on iran. fox news's greg palkot with the latest. greg? reporter: amid a new business push by iranian president rouhani, charges after new faceoff between iran and united states on high seas. iran said it warn ad u.s. warship to get away twice where it was conducting navy drill in the sea of iran. knave say says interaction is common and routine and denied a specific threat. the navy is on high alert after taking by iran earlier this month of those u.s. sailors. meanwhile rouhani continues his european tour drumming up business after lifts of international sanctions against his country. he had time to take a swipe at the u.s. >> possible iran and united states might have friendly relations. the key to that is in washington hands. if i had key to iran would have unfortunately used it but the key lies in washington and they should use the key are.

reporter: he is blaming congress. we need to set aside hostilities. there is no hostility of making money after inking $11 billion of deals with italy and france where he expects to deals with airbus and peugeot. some statues in rome would expose some for iranian sensibilities. some call it cultural submission. rouhani toured the roman coliseum. whether paris will hide anything either. french business interests will certainly be on full display. david. david: greg palkot, thank you very much. melissa: here to weigh in on iran's big business push in europe, research associate for margaret thatcher center for freedom. thanks for joining us. a lot of people watched the

iranian leader go from italy and move on to france. he was there is there opening his moneybag, collecting contracts and really refilling the covers. what do you think about that? >> you're right. in europe financial considerations really trump security consideration and concerns more so than in the u.s. for u.s., companies and government, security threats that still exist, rightly so, still sort of trump the financial concerns. look in europe a country like italy has over 12% unemployment. for youth close to 30%. they want to be the first movers into iran to sort of, inc. those deals before ink those deals. melissa: are you surprised france putting interests of airbus, trying to make a big deal sell 100 new planes to iran to replenish their fleet which is so out of date and would put that ahead as recent victims of terror themselves albeit at the

hands of isis? you think that they would be sensitive to the fact that the money going to iran, our own president and secretary kerry have admitted is going to make its way around to fund terror? >> they should be more concerned about that but they're not. these financial considerations, these companies have very large interests in these nations. there is a lot of diplomatic fatigue frankly in europe as well. they sort of are just going along with the deal that was struck largely by the u.s. and iran. they don't want to have to go through that again. they want to look at a country -- look, iran is five times the size of new york. has 80 million people. they see this as great business interest. melissa: right. >> there is a huge amount of risk there the fact of iranian regime, nature of it hasn't changed. i don't think the nuclear deal is going to work. on top of that a lot of american businesses are under sort of u.s. sanctions in place. melissa: the flip side of that argument others make, by virtue

of money pouring in that is the way population will change. >> right. melissa: once they're modernized and westernized as money pours in that the sanctions didn't work, choking them off that this will have opposite effect. what do you think. >> i heard this before and i frankly don't think that is the case. melissa: why. >> this is the argument made in china for 30 years. the reason iranians come to the table precisely because the economic sanctions were working. i think that is why you hear the president of iran saying look, congress is you know, the problem here because they know that europeans are going to somewhat remain skiddish because of banking he restrictions that are put in place from the u.s., the u.s. treasury sanctions that are still in place. so i don't think that the nature of the iranian regime has changed. one quick example. there was a company that had a kentucky friday chicken open in iran. it was a knock-off. iranians shut it down. not because of any sort of intellectual property but because of morality police. i think there is still, huge,

huge problems. and look, you have also to consider that depending how the election turns out you could have an american president come in and say they're going to scrap this deal all together. melissa: yeah, definitely. daniel, thank you so much for joining us. appreciate your time. >> thank you very much. david: smart guy. good too have him on. meantime offer you can't refuse, a college that comes with an employment guarranty. plus one of her favorite things, bread. how oprah winfrey claims about eating bread and losing weight made a lot of folks a lot of money today. i am ready. because today there's harvoni. a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients who've had no prior treatment. it's the one and only cure that's one pill, once a day for 12 weeks. certain patients... can be cured with just 8 weeks of harvoni. with harvoni, there's no interferon and there are no complex regimens.

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made the water unsafe to drink or even bathe in. here to weigh in on the lawsuit, lis wiehl, fox news legal analyst. the question who is to blame before we talk how much they are going to get or who will pay for it, everybody, the governor is the one who first put this city in receivership. then the emergency manager, guy named door nell early, one emergency manager, who switched drinking water from detroit which was pretty clean to the flint river which is i am possibly dirty. epa came in eventually told the mayor the water is safe to drink. that was back in july. so who do you blame? >> i think we go first for the governor, governor snyder. apparently he knew, allegedly he knew since january of 2015, a year ago. a year ago. that is incredible this has gone on for at least a year according to these allegations. there are three different class-action suits being filed. now today another suit being filed.

guess what they're asking for? oh, could we have clean water? can you make sure our lead pipes are safe. basic things. the thing about this is so frustrating, lead poisoning really hurts kids first. their bodies are smaller obviously than we are. david: lis, we only a minute left. i have to ask exactly where the money is coming from? because as i understand it, if you're going to sue a government age, the government comes from us the taxpayers. so the taxpayers pay in terms of their health and well being. now they pay in terms of payment for people involved. >> exactly. the defense is sovereign immunity. you can not sue a government unless there is gross negligence. once you get past gross negligence, who will pay for that? taxpayers of the states and taxpayers of the united states if it goes federal. david: people have to get clean water. the least thing that government can provide our safety.

>> exactly. exactly. when i'm looking at this complain today, i sigh lots of fancy jargon. clean water. not these lead pipes. david: very basic things being an american having clean water, water you can trust. lis wiehl, thank you from l.a. we appreciate it. melissa: one american university guarantying you will get a job when you graduate. details on that coming up. fight back fast tums smoothies starts dissolving the instant it touches your tongue and neutralizes stomach acid at the source tum, tum, tum, tum smoothies! only from tums iall across the state belthe economy is growing,day. with creative new business incentives, and the lowest taxes in decades, attracting the talent and companies of tomorrow. like in the hudson valley, with world class biotech. and on long island, where great universities are creating next generation technologies.

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