prices, not what the fed does, not what they do or when they do it. [closing bell rings] liz: michael binger, good to see you. speaking of earnings, we're waiting on fedex and kb homes and adobe. david, melissa, for "after the bell," guys. melissa: stocks ending the day on a positive note i'm melissa francis. david: i'm david asman. this is "after the bell." we have you covered on the big market movers but first here's what else we have for you this hour. new intel on the bombing suspect in new york and new jersey as investigators are on a desperate hunt to determine if the man acted alone. the suspect's father is now speaking out and the warning he supposedly gave to federal authorities years ago. why he believed his own son was a terrorist. meanwhile the nominees are preparing for the fight of the century. donald trump blasting hillary clinton for taking a day off from the campaign trail.

melissa: there you go. back to the markets. the dow rising slightly as investors are waiting on the federal reserve. trader scott shellady is watching all the action in oil and gold from the cme. ashley webster on the floor of the new york stock exchange. let's start with ashley. talk to me about today's trade. ashley: tell you what, melissa, you can almost feel the markets are moving sideways as we wait to hear pearls of wisdom, i say that sarcastically, from the fed tomorrow. the bank of japan overnight could very well set the tone for tomorrow. today we're moving sideways. what hasn't been moving sideways is the retail sector. it has been moving down, bigley, or largely of the shares of parent company names like lotf, lane bryant. down 20 fine% after missing fourth quarter profit. same-store sales missed. they lowered their guidance. put that all together sell

orders came pouring in. as you see from other retailers they were dragged down with this. express, dfw, sears, jcpenney, all moving down go to 3% today. taking a look at the building stocks as well, the latest economic data from the housing industry showing housing starts slipped some 5.8% in august. that wasn't good. we also heard from lennar with their earnings report. posting the slowest growth in orders more than a year. that doesn't sound very good. and as a result, home-building stocks dropping. it has been schizophrenic in this sector. we got house builder sentiment yesterday, guys, it was year's high. always half a step forward, one step back in the housing industry. seaworld also having a rough day. let's get it back to you. david: ashley, thank you very much. scott, it was a wild trading day for oil. big drop down in the morning. then it spiked up. what happened? >> well, you know, your imagination could be your own worst enemy.

when we came in obviously you're right, it was lower. when stocks didn't go with it, it buoyed a little bit and we saw short-covering. there were reports about production cuts or folks banding together. you know what? it wasn't about that. it was about waiting for tomorrow. we can't not talk about tomorrow. we had a lot of shorts get out of the market. it was all about the short cover which drove the oil market higher. david: scott, thank you very much. melissa: calling for the wells fargo ceo to resign and face a criminal investigation. john stumpf testifying in front of congress today, apologizing for opening millions of secret accounts without customers permission. fox business's peter barnes is in d.c. with the latest on this one. what a story, peter. >> fiery hearing today, melissa. john stumpf looked like he had been run over by the stagecoach that is his bank's corporate signal after angry senators from both parties slammed the bank for opening as many as two million deposit and credit card accounts without customers approval or authorization.

>> you should resign. you should give back the money that you took while this scam was going on. and you should be criminally investigated by both the department of justice and the securities and exchange commission. you know, this just isn't right. a cashier who steals a handful of 20s is held accountable but wall street executives who almost never hold themselves accountable. reporter: stumpf scrambled to explain what went wrong at his bank you saying he was deeply sorry and should have acted sooner to stop the practice. >> i accept full responsibility for all unethical sales practices in our retail banking business. and i am fully committed to fixing this issue, strengthening our culture, and taking the necessary actions to restore our customers trust.

reporter: two weeks ago regulators fined wells fargo $185 million in the scandal which hit customers from 2011 to 2015, and refunded more than 100,000 of them $2.5 million in fees. the bank blamed dishonest employees for all of this. it said it began firing them as they were caught through internal audits. more than 5,000 workers in all. but some senators are demanding stumpf and other executives refund millions in stock bonuses, bonuses lawmakers charged resulted from a higher company stock price when executives pushed their employees to sell more products so they could hit sales goals for more pay which inflated profits. melissa. melissa: yeah, boy, what a story. peter, thank you for that. let's bring in today's panel. dan henninger here from the "wall street journal." jeff taylor from digital risk. jeff, let me start with you. elizabeth warren really handed it to him today and i think a lot of people out there in the public feel the same way.

you see 5300 low wage employees get fired over this what about the boss at the top? >> you know what? it is incredibly unfortunate situation. you saw him today take full responsibility for what happened. you know cross-selling products in banks has been a practice for many, many years. just looked like it -- melissa: this wasn't cross-selling. there was no selling going on here. >> right. melissa: there were two million fraudulent accounts opened up. it is just incredible to me. dan hen anyone gear, at the same time, a lot of people are outraged about this. make the connection to hillary clinton how much wall street is for her? citibank, one of the many who paid her and her husband for speeches. they write notes saying donald trump would tank the economy. the same culture elizabeth warren is railing against is supporting hillary clinton. >> well, yeah. i think there is something to that, little listsa. elizabeth warren, senator warren

is exterminating angel of the u.s. senate. she was sitting there reading off a prepared statement. it feeds into the politics to be sure. there is a lot of distrust out there of a lot of people. that includes corporate america. and whether an event like this will cut against hillary clinton or donald trump is a little hard to say. but obviously say, we live in marketing culture. companies create sales incentives. if you get your sales incentive wrong your salespeople will turn into monsters. these monsters are now eating wells fargo. melissa: absolutely, david. david: exterminating angel is obscure movie reference. dan loves those things. pledging millions of dollars to aid refugees. 51 u.s. companies announcing more than $50 million in aide to global refugees to gain education, jobs and financial services. george soros is also investing $500 million in companies that address the needs of migrants and refugees.

talking about immigrants killing people or trying to kill people in this country, it is difficult thing to do. the refugee situation is awful all over the world. if we spend money trying over there to make sure their lives are as good as possible, i don't see anything wrong with that, do you? >> i don't see anything wrong with it at all, either, david. the united nations migrant summit issued a call for collective action and expect virtually nothing to come of that. i put my trust in george soros spending millions trying to create startup businesses and jobs for the migrants flowing into places like hungary, germany and slovakia. the migrant crisis in europe is eating at the foundations of the liberal western order. david: oh, yeah. >> i put my money with george soros before i put it before the united nations. david: some people would say it's a tough choice. the fact, jeff, this is capitalist money put out there.

usually capitalist are better seeing where the money goes than the u.n. or these non-profit organizations. >> yeah it is true. look it, george soros investing in companies that bring technologies to connect refugees with jobs, doctors, et cetera i think that is a fantastic platform but you know one thing with a little bit of twist. he talked about doing it in europe. just in the u.s. now with all the migrants coming into the u.s., one thing we have shortage of, more so since world war ii is affordable housing. i would love to see a similar program -- david: it won't happen, it won't happen during a political era like we're in right now. but as far as sending money over there. >> you have got to have a dream. david: melissa. melissa: facebook cracking down on deplorable as, donald trump supporters embracing the term claim being social media giant is asking them to remove the word because it violates facebook term of service. very interesting, jeff taylor. i wonder, i know twitter is a lot different. there are a lot of "deplorables" on there, but they let people,

you also have people coming saying they're darth vader everything else. i wonder if facebook is cracking down on everyone else or just the deplorable thing? >> really interesting. freedom of speech in social media taking on such a new level of and scrutiny. facebook really cracking down here. it is interesting, also more technology. so they can't have it in the name but if they post deplorables is that okay? what are the boundaries? melissa: dan what about this? >> i guess, you know i wrote a column last thursday elevating les deplorables as a major figure in major american politics. i'm in facebook. i don't want to live in a world where people are living by pseudonyms identifying them on facebook. i would like to ask one political question. a lot of liberals probably agree these folks ought not to call themselves "deplorables" and identify themselves correctly on facebook. why then are they against voter i.d.es to show up tell who you are when you're casting a vote?

melissa: dan i knew we could count on you? david: great point. melissa: thank you for that. david. david: i think we have some breaking news on kb homes, is that right? breaking news on kb homes, reporting third quarter results. ashley webster, what are the numbers? ash ash david, thank you very much. as we bring the camera around. catch up with me. eps we have a beat on three cents. on revenue it is coming in shorter, 913.3 million. revenue of 944 million was the estimate. i think we're getting a little focus problem here, david. are you there? david: yeah. we got you. reporter: i never looked better on television. there you go. i just gone and ruined it. they beat on earnings per share and missed on revenue. overall lennar gave their earnings earlier today. they said growth in orders was the slowest in a year. but this report from kb much healthier. in fact their ceo and chairman,

jeff metzger, saying that the conditions in the housing industry remain healthy. so completely different story from kb homes than we heard earlier today from lennar. it is up nicely after-hours. david: we see a pop of about, yeah, right now 8% up after-hours. thank you very much, ashley. reporter: you're welcome. david: what a father knew. a chilling warning given to the fbi a couple years ago. how did the accused bomber with the warning manage to slip through the cracks? melissa: latest pain at the pump. how americans are overpaying by the billions for gasoline across the country. david: race to 270 electoral votes, that is what it will take. hillary campaign complains they have the easier path to the white house. coming up sean spicer, communications director for the rnc responds. they say a lot of things about rain. like how hard it's a-gonna fall. the things it does to your parade.

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melissa: new details emerging in the on going new jersey new york bombing investigation, the suspect, ahmad khan rahami made several trips overseas to afghanistan and pakistan which may have led to his radicalization. this as rahami's father revealed he called the fbi on his son two years ago. our own adam shapiro is in elizabeth, new jersey, with the latest on this one. adam, what can you tell us? reporter: melissa, it is really quite remarkable. not only did mohamed rahami the father, call the fbi regarding his son. because he was worried his son was talking to people trying to obtain explosives. this is in 2014. after his son had made several trips to both afghanistan as well as pakistan. the fbi issued a statement today and essentially at the end of it, they said quote, the fbi conducted internal database reviews, interagency checks and multiple interviews, none of which revealed ties to

terrorism. now fast forward to today. ahmad khan rahami, 28 year old face as we know five counts of attempted murder regarding the police shootout that took place in linden, new jersey. he was charged with those counts in union county, new jersey. bail, $5.2 million. he has not been charged with the federal charges worked up with regard to bombs placed in new jersey, manhattan, west 23rd street where the bomb exploded and west 27th street. when you go back to the father to ask about the situation which he says he notified authorities that he was worried his son was a terrorist, we asked him about it. here is what he said. reporter: so the father says the

fbi told him in 2014 his son is not a tater. the fbi says the father was interviewed and recanted his story. there seems to be perhaps some questions about all of this. another question has to do with the fact that mr. rahami, the man who is in the hospital now. the man charged with five counts of attempted murder apparently had a clash with his own family, hitting his father's wife, stabbing his own brother. he served jail time for this. a small amount of time, stabbing his brother nasser. often times in situation like this you hear people say we didn't he sew it coming but his own father in 2014 was notifying law enforcement. melissa. melissa: adam, wow. thank you. let's go back to ashley webster with the numbers. what do you see? reporter: headline numbers on earnings per shea, 2.90. the estimate was for 2.81. nice beat on earnings. revenue, 14.6 billion. coming in non-gaap 14.7 billion.

so we have a beat on earnings and revenue. let us not forget earlier today the company announcing its rates are going up but not during this upcoming holiday season. beginning january 2nd they will go up anywhere from three to 5% on fedex express, fedex ground and home delivery. we'll have more on that. we'll dig down into the numbers to see what plans they're making for upcoming holiday season, guys. melissa: ashley, thank you. david: get back to the terrorism story. our panel to react to the latest on investigation. sara carter and michael balboni. michael, first of all, if it's true this in fact the father of the suspect here actually contacted the fbi, after 9/11, 9/11 we figured out that all of these intel agencies weren't talking to each other. they should have been. that way they could have connected the dots before the towers went down. are we running into the same situation? we have the big homeland

security department but intel isn't really well-coordinated? >> you have a situation where it is not a lone wolf as much as known wolf but still so much information. metaphor i like to use, not finding a needle in a haystack, but a needle in a haystack of needles. it comes to the amount of resources you have. how many agents you can put on, what type of leads can you follow and what type of time period can you follow somebody? at the time his father called, had he bought anything or begun developing a device? these are all questions the fbi would have taken into account at the time. david: sara, i have questions now myself about how well-integrated our services are. they captured the guy. that is the lead of the story. we got this guy in couple days, which is extraordinary. but the at same time if we had known about him couple years ago about his father's report to the fbi maybe we could have stopped damage he did do?

>> i think there is still enormous failures in information sharing. this is not just something that i'm saying. this is what sources tell me in law enforcement, local law enforcement within the fbi as well. david: specifically, what are these sources telling you? there is not a good sharing of information. >> there is not a good sharing of information. people are still fighting for territory. people don't want to share information with one another. they don't want to share their sources. they don't want to give up the sources. that becomes a major problem. david: interesting. >> if you look at afghanistan, if you look at afghanistan and pakistan, we reduced our resources there enormously, enormously. we don't have a footprint there like we used to have. we don't have resources an agents needed to get information. david: michael speaking of pakistan and afghanistan, this guy took several trips there. he went specifically to quetta, pakistan, and kandahar, pakistan, besides being hell

holes these are taliban territory. this is like taliban central. those are two places he was going. they are the hottest taliban spots in the world. you see how close they are. can't we cross check information when people come back from hot spots like this? >> that is why you visit country of interest, when you come back you will often get interviewed by fbi. they will ask you questions. where did you go? who did you see? what types of activities you participate in? if you go multiple times, they ask you more questions. travel in of itself does not mean you've been radicalized. david: sara, we have 10 seconds. i saw great interview liz did with mr. johnson candidate for candidate. he said we have this big bureaucracy. sometimes bigger is not better. has that made our better or worse, our intel gathering? >> i don't think it made it worse. i think we have to look at information sharing. there is real assessment what is

going on here and look at areas of the world where we reduced our resources and put the resources back because we need them. david: guys, thank you very much, sara, michael, appreciate it. melissa. melissa: stripping away all constitutional rights? why calls to treat the bombing suspect as an enemy combatant has some legal experts singing a different tune. president obama making a final speech to the u.n. his message for donald trump. that one's next. >> the world is too small for to us simply be able to build a wall and prevent it from affecting our own societies.

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anything worth pursuing hard work and a plan. at baird, we approach your wealth management strategy the same way to create a financial plan built to last from generation to generation. we'll listen. we'll talk. we'll plan. baird. david: breaking news. more details on a biggie, fedex earnings. ashley, what are the numbers? reporter: it is interesting, david, we know they beat on revenue and they pete on earnings but there is a interesting couple of lines in the new report, saying they are unable, this is fedex, unable to provide fiscal year 2017 unadjusted earnings guidance. it appears there is still a lot

of integration going on with the big dutch shipper they bought and concluded earlier this year for $5 billion. that is tnt. they are going to continue to incur significant costs over next few years as they try to integrate that big company within the fedex company. fedex express is up 1% year-over-year. fedex shipping showing improvements year over year. we know perhaps to offset some of the costs of that acquisition, that may be a reason why they're raising rates beginning next year. they're not boeing up as we head towards the holiday season. but beginning january of next year you can expect to pay 3 to 5% more for fedex for your shipping needs, guys. david: opportunity for other shippers. ashley, thank you very much. reporter: sure. melissa: president obama making his final appearance before the united nations general assembly today. the president choosing to focus on refugees, urging world leaders to open their hearts.

blake burman standing by in washington, d.c., with details from the president's speech, blake? reporter: melissa, yes, in his final address to the united nations president obama largely promoted ideas of globalism and shunning religious intolerance and extremism. the president is taking part in a refugee summit there in new york. earlier this morning at the u.n. he called for compassion and inclusion in trying to solve the refugee crisis. >> today a nation ringed by walls would only imprison itself. so the answer can not be a simple rejection of global integration. reporter: now the president also started his speech pointing to the benefits after globalized economy which he says has made life better for billions of people. however, he also called for a quote, course correction to tackle issues after equality going forward. this was an address in front of world leaders but at times, the president appeared to take some subtle swipes on donald trump's

views on walls and on trade. >> we have to follow through even when the politics are hard. we have to imagine what it would be like for our family and for our children if the unspeakable happened to us. reporter: melissa, we played sound bites out of order there. i think you got the point on issue of the refugee crisis. he tried to make the point let's put ourselves in their shoes. while he never mentioned donald trump by name, by talking about those walls, a lot of folks thinking that the president might have had one eye there on the presidential race as well. melissa. melissa: i think so. blake burman, thank you for that. david: nice after-hours bump for computer software company adobe systems. recording their third quarter earnings today. the company beat on both the top and bottom line. reported record revenues. in fact adobe ceo's said they are expecting another record quarter in the fourth quarter. shares are up 4% right now. melissa. melissa: as the polls are

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david: donald trump in the battleground state of north carolinaoday. the republican nominee againing allegations from hillary clinton that his campaign rhetoric is used as recruiting tool for terrorism. take a listen. >> it demonstrates a level of ignorance about the terror threat that is really disqualifying for a person seeking the presidency. when she says my opposition to radical islamic terror provides aid and comfort tot enemy, we -- to the enemy, we know hillary clinton demonstrated once again she is really unfit for office. her comment are not only reckless but beneath the dignity of the office that she seeks. david: trump went on to suggest that clinton was given her recruiting attack line by an advertising firm on madison avenue. melissa. melissa: almost. clinton campaign sending out a memo to donors, volunteers and supporters saying the race will be close but that hillary clinton has many paths to those

270 electoral votes, and donald trump has quote, very few. sean spicer is the rnc communications director and chief strategist and he joins me now. okay, so i'm going to throw at you the democratic talking points why they can not lose this race. number one, they always point to the electoral map. >> right. melissa: how it is stacked in the democrats favor. the fox news rating changes, that came out just today show some states coming in donald trump's favor. new hampshire normally leans dem has turned toss-up. colorado from lean democratic to toss-up. iowa, from toss-up to lean right, minnesota from solid d to lean d. >> right. melissa: is this enough. where do you go from here. >> this is purely defensive memo they put out by robby mook. in his own memo you see donald trump 10% of the chance of win something now 40%. melissa: the map does favor. >> absolutely. "real clear politics" average going into today they have 200 electoral votes. you need 270. we're lock, stock and barrel

about the 170. look to your point states. iowa we're up. florida we're up. start going through one by one. north carolina. arizona real clear tossup. i think we'll take that one. melissa: what states are you focused. >> men's vain, michigan, virginia. new hampshire we continue to work hard there. not giving up state like maine. one electoral vote, maine con aggressionable district 2 we i think can turn. if you lean us, get us to 255 quick. where do you take state like pennsylvania. add in new hampshire four. iowa, nevada. melissa: what is the dream state for you, we could get that that would be a big deal? >> bense vain, pennsylvania and michigan i two states where donald trump message really resonates. it is about working-class people who have played by the rules, who have seen a system that is not working in their favor and

regulations that don't help them. i think both of those states continue to trend our way. thing you pointed out so important, everyone of states trend is toward trump, not her. rhode island. went 20 points for obama. two point race in the last poll. melissa: take other one they like to say all the time. hillary clinton has ground game. they're opening all these offices. they have infrastructure. they're a money machine they have get-out-the-vote and trump doesn't have the infrastructure you're laughing. >> i am. at end. day, last three days, the memo they put out was very defensive they see where the trendlines. the reason they talk about how many offices they opened because their ground game is insufficient and not superior. fact of the matter and president an mrs. obama getting out there to motivate the base. they have enthusiasm problem with african-americans, with hispanics, with millenials. they're not turning out anywhere near they were thought for obama. they have offices but they don't have voter contact we do. we've been doing this four years. we have over 6,000 people spread across battle ground states. melissa: every time i turn on

tv, hammered, hammered with negative trump ads. they're spending a ton of money. >> $150 million. melissa: doesn't trump have to answer back. >> he has new one. new one launching right now movement that talks about different kind of person running for office. his success as business person how he makes america great and policies are not same old washington cookie cutter answers. he will be answers more. after 150 million bucks of negative ads against him, he is up nationally and he is up with battleground states. melissa: she is fading. >> that's right. melissa: sean spicer thank you so much. appreciate it. david. david: very interesting. high-stakes presidential debate less than week away. donald trump and hillary clinton preparing to face off on prosperity, security and other concerns about u.s. safety while those concerns are at all-time high. trump wasting no time to slam the opponent taking off from the campaign trail. hillary clinton taken the day off. she needs the rest. sleep well, hillary.

ouch. here now, kelly riddle, "washington times" columnist, blake rutherford a democratic strategist. blake, this trash-talking reminded of us something you're probably too young to remember, but some in our audience might. let's play the tape. >> they might put my tail in jail and get me out on bail, after what i do to joe frazier. i will do something to joe frazier, this will be such a good whoppin', i will dance and move and in my glory, i'm in my glory. smoking joe frazier and stick it to him he will fall. david: blake, of course, muhammad ali used to love to trash, psych out his opponent before the main event. isn't that what is going on here? >> i think there is a little bit of that. certainly donald trump's mtra to try to bait his opponents to come up with one-liners and to

zing them in presidential debate. i don't think that is the right policy. he will go up someone who is strong debater and mastery of issues and prepared for donald trump. david: i don't know how that is possible. thank you. but you think back to the primaries, kelly, everybody there thought they were well-prepared for donald trump but they, a lot of them didn't see it coming. this is the new look of politics. all the niceties that you used to see in debates go out the window. >> yeah. donald trump is, you know, he is unpredictabl one thing that hillary clinton is, she is scripted. she has her talking points and she is not very good thinking on her feet. so this is where donald trump has the advantage in this event where he is unscripted. he talks first thing comes to his mind he says. and that can throw her off. if it does, he could see real advantage. david: the shrillness though, blake come back to you on this, this is interesting. first donald trump was accused of being the shrill one in the

whole debate process, campaign debate. now a lot of it is being thrown on to hillary's shoulders, her deplorable remark, even supporters like richard cohen. richard cohen writes for "washington post." for those who don't know him, pretty stayed, centrist guy, came out with doozy comparing donald trump to hitler, while he is not anti-semite or have designs on neighboring countries he is hit larrian in his thinking. he think the truth did what he says it is. isn't this kind of talk dangerous? >> trump is one of these people he does believe his own rhetoric. david: you're not supporting what richard cohen said he is hitlerian, are you? >> i'm not suggesting that at all. i'm saying donald trump feeds his own narrative. he does that throughout the course of this campaign. he says something, believe it and if he needs to change his mind he does. what we'll see in this debate, more regimented engagement by

both of these candidates. trump is going to have limited time. he is going to have to be substantive. and i don't think his strategy in the primary will be nearly as effective. not because hillary clinton is scripted but because hillary clinton is going to be very prepared. david: we will see. but kelly, you know, kevin mccarthy had an interesting suggestion, kevin mccarthy of leader of republicans in the house. maybe should be pay-per-view. come back to the boxing scenario. there is so much interest now, if it was pay-per-view we could use the money to pay off the debt. >> i think that is a great suggestion. this will be at super bowl level heights of viewership. again whatever comes out of this debate could really change the future it of this race moving into november. hillary clinton is going to have to be strong on policy but also going to have to be likeable and approachable. she can't get tense when asked questions about her email server like she did in the commander-in-chief exchange. and donald trump is going have to show he has to have the temperment and he can be presidential.

he has to get over that hurdle himself. david: i hope it is not pay-per-view. we would lose a lot of revenue. we're happy to have the debates and have chris wallace particularly moderating the last one for us. good to he is a you both, kelly, blake, appreciate you being here. >> thank you. >> how wl our next president impact federalax? a new analysis saying one of the nominee's plans to reduce federal revenue collections by trillions of dollars. plus you may be paying more at the pump than needed. millions of drivers are dishing out unnecessary dollars at the pump. find out what you might be doing wrong. 16 chevy malibu. wow, it's nice. let's check it out. do any of you have kids? i do yes. this car has a feature built in called teen driver technology, which lets parent's see how their teens are driving. oh, that's smart. it even mutes the radio until the seat belt is fastened. will it keep track of how many boys get it in the car? (laughter) cause that could be useful. this is ahead of what my audi has for sure. wish my beamer had that. i didn't even know that technology existed.

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those are sacrifices? did you or anyone in your household work around asbestos-containing gaskets, packing, or equipment? if you or a loved one have an asbestos-related disease, you may have a right to vote on a plan to reorganize and pay claims in the garlock/coltec bankruptcy. garlock's and coltec's products were used in industrial and maritime settings, including where steam, hot liquid or acid moved in pipes. votes must be filed by december 9, 2016 call 844-garlock or go to garlocknotice.com david: david: a new study of donald trump's tax plan by the tax foundation, said his tax cuts would lead to a loss of $5 trillion with tax revenue. the problem with this study it is static analysis. meaning it doesn't take into account any growth created by

studying tax rates. anytime there have been massive tax cuts in the tax rates, in the 1920s, the '60s, the '80s, there always is juror increases in tax revenue as economy grew. tax revenues doubled in the 1980 dequite a decline of the decline of the top tax rate from 70% to 28%. melissa: it drives me banana doing static analysis. david: tax foundation is not usually a doctrine nairian way. but they got this wrong in static analysis. melissa: absolutely. drivers waste ad lot of money on gas according to aaa. minutes wasted $2.1 million in gasoline for vehicles designed to run on regular gasoline. is 6.5 million drivers used fuel despite the vehicle manufacturer's recommendation. david: you use premium. melissa: my car says it needs

it. it begs me for it. please give me the good stuff! no. david: details still unraveling following the bombings in new york and new jersey. many are urging the suspect to be treated an as an enemy combatant. donald trump is not keeping quiet on the issue. >> we will give him amazing hospitalization. [booing]. he will be taken care of by some of the best doctors in the world. and he will probably even have room service knowing the way our country is.

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upon his currently-reported actions clearly is a candidate for enemy combatant status. not everyone is on board with this. >> if the government could picke is anti-american, whose values are anti-american, hates america, engages violence that manifests all that hatred and say we'll take away your constitutional rights, then nobody's constitutional rights are secure. melissa: here is mercedes colwin, fox news analyst. a person i would call if i were in trouble. although i never will get in trouble. >> hopefully you won't need me. melissa: what is the advantage? why is lindsey graham and others, why are they angling for this? what do you get out of it? >> great question. first of all you can probably have him detained indefinitely. you saw him with a lot of individuals in guantanamo bay. melissa: okay. >> end result you want more information from him. they're thinking if you categorize him as enemy combatant you can drive information from him.

frankly so many of the torture techniques have now been ruled unconstitutional. melissa: that is what it comes down to. the fbi could take over or perhaps homeland security. i was talking to other people in the last hour about this, saying why is this? what do you want to do? torture him? that is basically, has to be more about that, what about breaking new his phone? you have freer rein over his technology? >> you have freer rein over him. the other things you have to go into court to get a ruling. you have this other issue when he tried break into the phone, the iphone wouldn't cooperate with the other two suspects. this is obviously a few months ago. so you will have some hurdles there. but with respect to him you have more access to him, more information to be derived. the constitution gets relaxed. he doesn't have the same constitutional rights as american citizens do. melissa: the flip side, if they don't read him necessary miranda

rights, if he isn't a enemy combatant, couldn't a lawyer get him off based on that? could it be one of the things that ends up backfiring? >> undoubtedly. that could be problematic. there were reports that he hadn't been read miranda rights. that would be extraordinarily foolish for police to have done that that is the first thing defense attorney will ask. there was time i wasn't here, what did you say to you, what did you say to them, did they ridered you the rights. melissa: i read a report his wife left the country before this happened. i read a report she stopped in the u.a.e. and she was detained there. what kind of rights do they have with the united arab emirates. what do you think? >> she doesn't have to talk to anybody. it is done. sacred relationship between husband and wife. you can't get the judge to order her to disclose any information she harassing conversations she had with her husband. melissa: his father, you're

watching him walk around. he is being followed by reporters everywhere. he apparently went to see someone next door who was a lawyer. they asked him when he came out if he retained that person. he didn't really answer. it could be a friend. they were next door neighbors. he said he reported his son to the fbi. the fbi said nothing to look at. could he be in legal trouble? is he covering himself? >> he is covering himself. he looks a little disoriented. when i see some of the footage he is disoriented. he is saying what if i could be charged with aiding and abetting. a lot could be at risk if he had anything to do with this. melissa: or had knowledge of it. that too. mercedes, thank you so much. >> great to here, thanks. melissa: thank you. david. david: donald trump about to hold a rally in north carolina. a new poll showing trump and hillary clinton virtually tied in that state according to elon university. trump has 44-43% advantage among

likely voters in the state. a lead falls within the polls margin of errors with 6% of the voters backing libertarian candidate gary johnson. melissa. melissa: random act the of violence for our nation's heroes. local citizens are bucking the celeb trend and thanking police officers for all of their hard work. that is next. romantic, why pauses to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure.

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new york * new yorkers look out for their police department by feeding them, i like that. david: in the chelsea neighborhood responders were greeted by residents bringing food and coffee. it harkens back to 9/11. remember all the police officers

and first responders who were injured. it makes those idiots who were against the police more idiots than they already did. melissa: that's a bonus. "risk and reward" starts right now. elizabeth: wells fargo ceo hammers by senators. john stumph secured by elizabeth warren. he denied soccer straighting the fraud. take a listen to this very heated exchange. >> mr. stumpf, the