earnings, their stocks will get crushed. the first in line of the big companies and earnings miss, q1 and q2, big earnings at the end of the year, better pay the price. we one down 10068 points. stuart: thanks very much. it is yours, take it away. neil: it might not be exclusively alcoa, winning earnings, the economy could be slowing down. the uncertainty around this election has something to do with a broader based selloff, whether the house and senate flip. the wall street journal raising that today over the last 24 hours, raising that today, paul ryan's decision to split company with donald trump and do what he can to crisscross the country,

and unthinkable though it may seem, oppressing concern, the other story that doesn't get as much press, donald trump, leak some emails, weeks and months ago. >> it is another thousand plus emails from john podesta, the campaign chair pushed out by wikileaks and one phrase in particular, a week after clinton announced her candidacy top aides were preparing a speech and john podesta wrote back the following in an email, quote, she had begun to hate every day americans but we should use it the first time she says i am running for president because every day americans made a champion. and referring to clinton hating

the phrase every day americans, others say it can show contempt for every day americans. donald trump sweet the did that the one email for clinton spokesperson, in may 2005, a month or two after the story, you see the tweet, unbelievable with a picture of the email, in the email he received a heads up from someone in the department of justice about filing for a proposed production schedule, it indicates there could be a window into the production schedule, the point that he got a tip or heads up from the doj. fallon got into a twitter argument with wikileaks calling the propaganda arm of the russian government. a lot to go through on top of

the 2000 plus from yesterday. neil: thanks, editor in chief, more comes out, a consistent theme is hillary clinton, quite something else, it doesn't get the coverage the 11-year-old donald trump tape does. what do you think? >> it could get more attention because there are more emails and legal battles and this is the reason hillary clinton has not put donald trump away. she has big-money advantages, 5-1, tried to bury it this summer and a tough august and he tightened the race and is falling back again but trump is

backed against the corner but the more he is talking about these emails, one of hillary clinton's staffers, took a hammer to her devices, he wins some points, have got to think about this every day from now until november. neil: there are those wondering if it is too late but numbers gain traction at this stage, rarely come back from a deficit, ronald reagan did in 1980 but he was the exception more than the rule. what do you think? >> donald trump is in trouble because the party is so fractured, this feud with paul ryan is getting a lot of attention and is going to. the party that is more uniting usually wins but this has been a very unpredictable race, this is the year of the outsider, you never know.

neil: always good chatting. charlie gasparino, what he makes of these leaks is one thing, you were paying attention to how she seemed to part company with wall street but behind the scenes and working and a lot of speeches was very cozy with them but now given all this stuff keeping a distance. charles: i would say this. i had the pleasure of searching one word. i think if i am in their it is not in a good way but anyway i searched goldman and looked at the context of what she said, it is a controversial firm, one of the reasons we had a financial crisis and gained a nexus between washington and wall street using its clout, money, campaign contributions and the

work for various republican and democratic administrations and way public policies. robert rubin for her husband and george bush. controversial firm, and these wikileaks leaks, she is not denying any of this, not like -- they are not saying -- look at the context and what she says, on the campaign trail, and and put them in jail, behind the scenes she is advocating wall street executives use their money clout, one of the comments used clout in terms of campaign contributions for public policy.

you are saying these rich fatcats should use the corrosive influence of money to shape public policy to benefit them, advocating that, and says how great these things are. that sounds like reagan but we should point out wall street democrats, lloyd blank find is a wall street democrat, always close to hillary clinton but not for huge government but less deficits, they like tax cuts, she sounded like ronald reagan. neil: like her husband. depending how much media scrutiny, who is the real hillary? charles: that is what i tried to

show in this program. she has a long history of saying one thing and doing something else. if you go back -- to another level, go back to 1996, william safire, excited in my column, called her a congenital liar. and the stuff she pulled, you have to put emails, and all that stuff in a broader historical, i am no fan of what donald trump has said in the remarks he makes, i am critical of donald, but when you pull lever for hillary clinton the country is moving in that direction and

solidifying stuff, remember who you are voting for, someone with a real problem with the truth, not just now but 40 years. neil: not as crucial as what comes through here, how scripted, detailed, spontaneous responses should be, it does ll into question -- neil: the core belief system. if you say something, this trade deal was once the gold standard and talking better trade, people will wonder where you stand on banks, bashing them with bernie sanders at the side. it was hardly that acrimonious. neil: that is a template of how she is going to govern.

all democratic, you can expect a progressive agenda. neil: and the race to the white house, and the house and senate, the house -- neil: charles: markets don't have a problem. and -- neil: they have a big problem. pushing through tax increases, obamacare. neil: a fool run unfettered. charles: that is the way she will be. and republican house first time in 40 years, republican senate with a check on demand the

economy took off. she can -- the only way for her to morph into that is heavy check available, this is the tragedy of what donald is doing, it is possible for party leadership, and rallying around by going full on. paul ryan didn't say i was sending my endorsement. neil: i don't know what he is doing. charles: he has the toughest job in the world. this is so big, the house and senate if you believe in free market and anything other than progressive policy, her with a blank check even -- neil: is that wall street's biggest worry?

they seem all along to think this was hillary's race to lose but they used to think she would be countered. neil: she is more like her husband, but if she had all the mechanisms, house, senate, she is going to have to buy real politics, have to go far left, she has to push through. neil: harry reid, obama needed encouragement, those first few years, and strike while the iron is hot. charles: he had the financial crisis, tax increases, she won't have a financial crisis, a blank slate here will be pretty scary if you believe in conservative market-oriented economic issues. and she will crush it.

if you're a progressive you will have the time of your life. but before you pull the lever read my column. i wrote it out very clearly. not just one year but 40 years of this deceptiveness. she is an inherent congenital liar, what bill safire said. he was far from the biggest right wing lunatic, he was a moderate republican. neil: i look forward to it, charlie gasparino. paul ryan, not disavowing donald trump but not going to go gangbusters. for house members, absolutely. for him no. how do you think donald trump will respond to that?

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or go online to enroll in aarp medicarecomplete. >> no sooner did the speaker distance himself and donald trump then donald trump went after the speaker saying he was weekend in effect of, we now know what donald trump thinks of paul ryan, paul ryan making it clear what he thinks of donald trump. maybe both sides should stop fighting and the gop establishment should get behind trump fast. good talking to you. >> good to be with you. neil: can they get back to this? >> i hope they do.

i don't want to comment on paul ryan, never met him but he blue a real opportunity to be seen as a strong leader, after the video came out, i really don't know if this has been reported on your show but 6 or 8 weeks ago i got a call from people close to the top establishment republican candidates who said these guys are working on something they say will guarantee donald trump is not the nominee november 8th of the republican party and i didn't think anything of it but when i saw what happened last weekend i wondered and the day before he was supposed to rally with paul ryan, paul ryan, top republican started tweeting nasty things about trump, the nominee and made me wonder maybe i am a conspiracy theorist but i

did report to the right people because if there was a conspiracy i know from my days of practice in law if two or more of her work together to harm a third person that is criminal and i hope it doesn't devolves. neil: might have come from republican operators. >> that is the word i got six or eight weeks ago and discounted it at first but i am beginning to wonder. stuart: we don't know for sure. the genesis of this. we do know the damage is done, there might be other states out there. how do you think donald trump should handle that in the event there are? >> he needs to do what he did in the debate, focus on the issues, go back to the issues, not the person i used to be, all of us

were centers and redeemable despite what hillary said and i am sorry for what i did, i am not the same person, and the supreme court is stacked with people who rip the constitution to shreds, the second amendment, nobody will be thinking about what donald trump said on videotape in 2005, they will be thinking what was i thinking when i voted in 2015, why wasn't i worried about the future of our country, why wasn't i worried about my children and grandchildren, that is what we need to focus on. neil: there is still attention to the comments 11 years ago, not as much, hillary clinton leads. the revelation, what do you make of that? >> i said repeatedly his remarks

on the videotape are not defensible. they were reprehensible, so glad to see he was concerned about it that he apologized quickly. neil: how do your wife and daughter feel about it? >> same as i do. never should have been said, strongly support him, and we are all sinners, we have all done wrong, we all need forgiveness, but i really believe trump needs to stay focused on the issues, don't attack no matter how bad the establishment republicans are or what they do, don't attack hillary in the way he did in the first debate, or bill clinton's past indiscretions was the real issue is how hillary

treated the women who accused bill clinton of rape and assault. neil: you would not have brought those bill clinton, hillary clinton accusers in to the room but that became a sideshow. >> i thought he did a great job staying off that subject, the fact that they were there they wanted to be there, he didn't talk about that, 90% of the time about the issues and that is why you saw everybody give him kudos for his performance in that debate. when polls reflect that performance you will see a big swing. neil: you could be right, too early, we will see what happens, be well. i was at home this summer taking a few days off when i heard

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neil: had to be one of the more critically reviewed, favorably critically reviewed smart phones ever launched, not an apple product, samsung product, galaxy node 7, all types of publications and others saying this is the best we have ever seen and the battery that would

ignite, what would ensue, airlines, it is done. samsung says cease and desist no more. jeff flock is at a store where samsung goes from here. >> in suburban chicago bring the phone in, they will give your money back if you desire, they will give you a new samsung phone, and this thing was tremendously popular. launched before the iphone, it was hot, perhaps too hot. and a loss of sales they expected to sell 19 million of these phones which would have

been $17 billion in sales. and 8%, and the biggest loss was 2008, a benefit, people benefiting from this would have to be the iphone, iphone 7. the bigger smart phone seller. this is off the market for samsung, noting the stocks over the past month. apple doing much better but year to date, samsung up 22%, apple up 10%, that won't last longer. neil: the supreme court, infringement on the part of

samsung, a lot of apple iphone features, don't know if this will enter the equation after the fact. >> the self combusting feature if you can help it. neil: jeff flock in chicago. i relay the story my dad used to tell me, stay humble, it will come in handy. as recently as a couple months ago for samsung to do no wrong, it's galaxy devices can make no mistake, going to rule the smart phone world. that was then, this is now.

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>> we've got to make it clear as i have. i am not raising taxes on middle-class families. neil: it's fairly unequivocal. could this be a moment she might regret if she gets elected president he read my lips moment for the taxes on the middle class will never be raised. she wants to pay for. let's go to the cofounder and ceo here.

democratic strategist conservative commentator. what do you think? >> this is more typical of hillary. this is her trying to distract from the wikileaks where she essentially said to goldman sachs on wall street, hey, don't worry about the things that i tell the voters because i don't really mean them. this is just another example of her trying to distract. you have to wonder where this money is going to come from because every time hillary talks about taxing the rich, you know it's going to end up hurting the middle class. trade to let me ask you about that because i know she has one to three quarters chilling dollars worth of additional taxes largely on the rich for the next 10 years. others have conservatively praised spending initiatives that $2.5 trillion. assuming the numbers are close to correct.

>> it is very clear that hillary clinton from day one has built his campaign around the middle class. keeping our economy moving forward. she's made it very clear we need to make the wealthiest millionaires and billionaires donald trump. tree into a hot issue cover that difference? >> right now she's talking about taxing the 1%. talking about millionaires, billionaires, multinational corporations who currently don't pay their fair share. neil: 250,000 all the way up to the millionaires and billionaires. even crunching those numbers, it doesn't matter. >> i think we've got to take a step back and look at the policy she put on the table which could impact 15 million young children and families looking to get ahead. these are people contributing to the labor force, contributing to the economy. donald trump wants to protect himself. for all we know he hasn't paid a

dime in federal income tax. tree into i just want us to stick to answering my questions. you can argue with donald trump that the math doesn't add up year. are we being so loosey-goosey on this stuff that both candidates are potentialpotential ly preparing americans for big surprises that will come back to haunt them? the >> that is correct. we are screwed. there is no other way around it. the republicans have run an economically idea list campaign or economically false idea campaign that seems designed to match the democrat false economic idea campaign and the result is we are screwed. neil: if you look at our debt and how it's piling up and we are almost the $20 trillion mark

and anyone who makes promises about helping the middle class are doing more spending, or for that matter cutting taxes aggressively to help everybody. whatever your views on the subject, it ignores the huge elephant in the room. if you think about the tea party's original goal was to rein in government spending run amok. now we are just grateful if we can control piling more spending on top of that. >> i think that's why a lot of people are attracted to the idea of someone successful in business being president. someone has ever created a job in their entire life because hillary has no concept how to do that. it amuses me when the last those luscious tax the rich. do they suppose this rich ceo is going to stop taking a paycheck and cut it down or do you suppose he's going to make a few less jobs. maybe by less product. this all falls down on the lap

of the middle class in the middle class and the paying for time. trees to be think in this environment raising taxes on anyone, rich, almost rich and what can be a slow down, maybe worse is a good thing to do? >> i think both candidates would agree we want to make sure everyone can be successful no matter what your paycheck looks like. right now we look at a plan put forward by donald trump that would raise taxes on the middle class. this is a fundamental difference between hillary clinton and donald trump. through his childcare maternity plan that he put forward, it would raise taxes, rollback deduction and cause increased on 8 million middle-class families. i tell you right now what donald trump has put forward our plans for himself, his rich buddies anyone to protect the top 1%. this is not about every american working hard trying to make ends

meet, making sure their families and kids have a bright future. trade to taxes would zoom in to if you were president. again, we are talking past each other in the debt is growing. i can imagine wall street with 0% interest rate is thinking that will last forever. >> i don't think that's going to last forever. frankly i travel around the country about on business and i have found relatively few as two but americans, the host party street americans as if they are stupid. no serious discussion about actually getting underneath the and trying to deal with this massive deficit and debt that we have. yet nobody talks about it and there are maybe 15% of voters on either run for details of the

distribution who are snowed in that ones to connect the candidates and billing are you kidding me? that meal is whereat. >> but there's one of him. neil: tough love. neil: no commercials. i swear to god i'll stick to that. thank you all. donald trump is hitting in its own way and tweets. connell mcshane. >> so far today i'm not sure how that compares to a three month average. i can't tell you the majority to speak to what is going on in the last 24 hours or so when the republicans party. the first round this morning does mention paul ryan dining despite winning the second debate in a landslide every poll. it is hard to do well when paul ryan and others is zero support.

the paul ryan mentioned by name which did not happen at the trump rally last night it happened this morning. the second donald trump to eat follows up on that to some extent when he says it is so nice that the shackles have been taken off me that i can now fight for america the way want to tear this one got a lot of attention. what does that mean for the rest of this week? what will it mean when we are in las vegas for the next presidential debate. with the exception of cheating burning out of the nomination, the dems have proven to be far more loyal to each other and the republicans and a team of loyalty is one that trump followed up in his next week when he said he cannot go donald trump twitter account. disloyal farce republicans are far more difficult according to hillary. they don't know how to win. i will teach them. donald trump a busy man on twitter so far today. neil: he's upset about it and he

is there nominated like it or not. it is attention convention. connell mcshane. looking at the guy we haven't forgotten about it. dragged down by alcoa and the idea that other companies are going to a state of disappointing earnings as we kick off earnings season. also working into this does decline in oil prices from a one-year high. oil is the dominant component. also this notion of the uncertainty of the campaign. but who's going to win, but the house and senate whether either or both flip.

>> and nicole petallides at their thoughts business brief. all 10 sectors lower right now. the dow jones industrial average with 140 points. the lows of the day down through the last four trading days in the dollar index moved up to seven month high. the nasdaq closes the second highest level in history. this is taking on biotech firm health care down 25% with third-quarter revenue forecast for a second time. that is waiting on that one. also under pressure today. amazon now to spend business.

you might see some new convenience stores according to "the wall street journal" to the likes of wal-mart. merger speculations continue about kroger taking out whole foods at $40 a share. foods at $40 a share. citigroup analysts say that is uncharacteristic. s pilot, who owns stock in this company, that builds big things and provides benefits to this woman, with new cabinets. they all have insurance crafted personally for them. not just coverage, craftsmanship. not just insured. chubb insured. across new york state, from long island to buffalo, from rochester to the hudson valley, from albany to utica, creative business incentives, infrastructure investment, university partnerships, and the lowest taxes in decades

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up, but more pressing mornings. dealing with cancer, that is what dealing with cancer will get you. a new focus on things that matter. she's alive, well, strong and here. good to see you. >> absolutely great to see you. great to be back home. neil: how are you feeling? >> i'm feeling a little tired, but otherwise gray. a real lift being back here and seeing everybody and a big shout out to the viewers who have been on illegal bulb on social media telling me their cancer stories and sharing their hopes for my recovery. neil: you know what always amazes me what that kind of thing, they don't know you, yet the goodwill is a good bonding thing. your diagnosis got worse as you learn more. >> right.

first of all i had a six months before i was diagnosed and it came back negative so i thought i was in the clear. and then i found the lump myself. six-month later and in the office and my primary care physician stating, you know, after she examines me, i want you to go get really tested for this. i said let me look at my calendar. she said no, the day is today. you are going to the hospital today. neil: how did the is there? >> what i have is lobular breast cancer shaped differently than what most women get that it's shaped like a circular come around. the lobular is more like a mars bar. it is long and narrow. you might not see it on a. often people don't. i came to the conclusion something was not right and my doctor confirmed it and of course we did the real testing which showed what was going on.

even then i thought it was stage two. it turned out to be stage three and we found out after the surgery. i have to say that was a sad night. i really felt like i was early stage. that delay between early-stage and i'm going to say not early-stage because i'm thinking positive. neil: every jump up in a stage requires more treatment. >> exactly appeared more radiation, longer term. three hours in a keynote shared and listening to that drip, drip, drip. it is sobering. neil: that has some powerful effects as well. >> i have to tell you i came away remembering what my real priorities are. it's easy in this business today can be used then turn around and not to understand that it is family that is most important. they were certainly behind me every step of the way.

remembering, you know, you are a person and a human being and not a robot. all of those lessons came back to me. spirituality, the fox family was so great in sending me their prayers. you really influenced me. people think you put something on social media and it doesn't matter. it does matter. neil: it does matter, preferably the nice stuff. you are done with chemotherapy and next comes radiation. >> radiation five weeks every day. a superstar treatment like something out of "star wars." this big machine embraces new and being positive ions i suppose right into your body. that is supposed to kill any lingering cancer cells that might be there. chemo is the big bad killing any cancer cells throughout your body. neil: how is that affected you?

are you sick? >> i was not the best chemo patient. after my last treatment i turned to the doctor and i said if you have any more of these in your back park it, i'm sending in a body double because i can't do anymore. neil: you are remarkable. are you getting? >> yes. i've always been a good sleeper. neil: i was and then i turned on varney's show and i was out like a light. you look terrific your great attitude. no whining and that's amazing. can to bring you back to reality. i could tease the markets of what is behind the selloff but i'm not going to do that. a little more after this. ♪

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neil: let's take a look of what's going on. i so afraid now. a couple catalyst for this in equal measure. a lot has to do with alcoa. it leaves the earnings parade and is normally seen as a good runner for what's going on in manufacturing. that stock is getting hammered and it's glad to a similar hammering in any cyclical or economically dependent issues that still dominate the doubt. and then you have oil which is sliding away after an aggressive run better than one year highs. affect only doubling over the last couple months. some give back is in order. every time that reverses their gains in oil related issues quickly reverse. the coup de grace could be something far more intangible. and that is the uncertainty of this election. not over who is going to win, whether right or wrong. most on wall street seemed to

think hillary clinton will win. they've been wrong before. now they are worried that the house and senate which would presumably check her for counter might not be republican. that it might see the house and senate go from republican to democrat. that not the two favorable by wall street community that takes government. it tends to like to with barack obama when we saw this happen in congress. we are keeping ni on it and the guys they love on wall street because it was the split government. what he did after 1994 has been saying bill clinton can do no wrong. donald trump might disagree campaigning for his wife right now in florida later on al gore, bill clinton and former vice president will also be canvassing the state to help hillary out. that is a powerful one-two

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neil: hath no eerie like a donald trump scorn including john mccain for which he saved this little treat. mccain begged for my support during this primary. then drudge meal for locker room remarks to arizona republican congressman trent franks. congressman it's getting worse here. what's happening? >> well, i guess i need to start out by saying i'm the last one that would defend the remarks of donald trump. they think it is so desperately important that the american people distinguish between the words of donald trump has a policy that hillary clinton. to borrow an analogy from a friend of mine, if my house were burning down and a fire truck

arrived outside and the firemen jumped out and were trying to save my children and everything i loved inside, i wouldn't yes concerned about the maybe foul language they were using as they were wrestling with the equipment that i would be more concerned about the fact they are there to save everything i care about. that is the stakes in this country at this moment. neil: have you told senator mccain? maybe others in the establishment. i don't personally like the guy or what he says. you might not like his demeanor or what he says about women, but he's our guy and we have to stick by him. >> well, i said those things pretty dramatically as you might imagine. i think the republican leadership to do anything it helps hillary clinton get into the white house is the last thing that supports this party or this country. the fact is bill and hillary clinton if they done anything in public life, it has been to do for corruption was stonehenge has done or rocks.

and now we stand by and ignore all of that. when we hear someone speak. neil: i always think there's another piece i'm missing. either there is another date about to come out or the leadership with more nonsense to come out. they are separating themselves so far from this guy so they don't have any dirt on them or any problems in their own elections. >> i think you are onto sent in. i predicted a few days ago hillary clinton will do everything she can to continue this type of attack because she wants to do everything she can to hide from the real issues facing this country and because she understands what is at stake. i share the constitution subcommittee in the congress and so i really book that what

hillary clinton appointments are due to the supreme court in what they would do the constitution. i remind the republican leadership that when we took her oath of office lease swords before almighty god that we would support and defend the constitution of the united states. the thing that would abrogate that oath in the most profound ways to do anything that helps hillary clinton get into the white house and put people on the supreme court did destroy the constitution. that is what is at stake here. these are challenging times to the american people that the american people don't wake up right now they could be sending their children down a very dark road for the light of liberty has gone out. neil: congressman, thank you for taking the time. we appreciate it. four weeks from today we will though. there are a lot of folks who are worried, especially that they are going to lose the white house. but now they are increasingly getting frantic that they could lose the house and senate as well. connell mcshane has been

punching in numbers. connell: the news has been moving faster. looking at the presidential race is i'm going to come back to it in a minute. it is more likely hillary clinton will be president, an organization that aggregates the data sa and an 80% chance that mrs. clinton will become the next president. i tell you that is the point of comparison to talk about the house and senate. current balance of power 54-46. democrats are more confident they can go plus for here coupled with a hook that victory to get to safety. the vice president has the deciding vote. the same side reference but the thought that xt 8%. the house is a different animal and that is very important to point out. we look at the balance of power. 247-188. 218 is a tough road with everything that's happened.

"wall street journal" and other places are talking about that today. to go back to the odds, the odds in the prediction markets of that happening the last time i looked were 23% even today have gone up from below 10 months ago to about 23%. keep those numbers in mind if you have to get to 18 get to a tenet to go back to our presidential map to make the last point. the starting point has been for a while with this too will 1-164. those are the state that are either solid red and blue, these 13 battleground states on the map. looking at the latest polling data, we are comfortable saying a number of battleground states remaining one direction or another. for example, leaning on the bedside, georgia and iowa getting donald trump to 186 electoral votes. that is it for him. that's where we think he is today. 186 electoral votes. on the other side for hillary clinton a number of states and the blue. people talked about virginia, pennsylvania, new hampshire.

they have all been leading flu in the latest polling data we have and so is colorado to go out west. today we are adding two more states into the polis stapling in blue. one is nevada. the latest polling data has been positive for mrs. clinton. most importantly today what we've seen in florida where both candidates are starting to look like a strong state for mrs. clinton. certainly not like that, but the i.t. at the latest polling data coming in from the state of florida is positive for her dancer to 308 or three battleground states still on the map. if you are there, maybe she sweeps those three with a complete hypothetical. that does get you 350 and maybe a conversation about the house of representatives is a better conversation to be having. fair to say that is a somewhat unlikely event even though more people are talking about it today than they were last week.

treated to a very good number. the electoral romp that part of the presidential candidate. normally the more likely it was to either build that party come adult in the house and senate. the mac connell: that's what i was saying with the tossups u.k. to 352. this is a hypothetical, but that would be more of the conversation. we are just not there yet with the data. neil: thank you, connell. trish regan, now you can understand why wall street rakes out over this. the possibility of month away. we don't know. that is the uncertainty they were planning on. it could turn all branches of government. >> which means likely more regulation. likely taxes on the wealthy will go up. neil: they like divided government. they like the clinton years because it reined in spending in

senator braynon thing once i too far. >> wall street has done well. you can't argue with that. that is in part because you've had restraint and they haven't been able to do a darn thing other than shutdowns. neil: six years of this administration. >> consequently you are left with the fact that the fed has been extremely aggressive and that's been very beneficial to wall street. in some ways i suppose they could have a divided government and if you assume all these numbers are going to hold, hillary clinton takes the oval office. if you could have some republican control of the house and senate that would help balance it out and then you might have the exact same scenario we had in washington is not able to get a whole lot done in the federal reserve needs to continue its plan of attack.

[inaudible] >> absolutely. neil: talking to anyone who had an incredible argument can always remind them, we have a month to go. jimmy carter was leading ronald reagan so he overcame the so-called unbeatable rule of thumb that if you're traveling at this point you can't win. >> it's been done. it is challenging for him now. people are having a real hard time with some of the things he has said. what they need to do and what he needs to continue doing this get them back to the issues. get them back to the economy and the supreme court. neil: he did gain some traction there but it puts -- >> it's amazing because hillary

clinton was learned through the wikileaks e-mails kind of wanted this. her team wanted to see donald trump be the nominee and at one point they are out over the prospect he might not be the nominee because they thought he could mobilize the base that he would also be very divisive in a way that she also could be divisive but not as much. they are both very polarizing candidate. it is just that he perhaps is a little more polarized. train to we've got high negatives. >> right. but again, it is still hard to say this mass is not good for him. he does have such a activates and there'll the people who haven't voted before and see how that changes things. right now not looking good. nonetheless, everything could change in vegas. i hear you really like them.

neil: i do. >> how do they compete with danny's? neil: denny's set the standard. they say they have healthy stuff or i guess. >> you've got to be careful. you've got to watch it. >> is trying to do it. good heart healthy stuff. anyway. neil: a little more. it's the little things in life that make me smile.

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liberty mutual insurance. neil: if you're waiting to get more stories on the hillary clinton e-mails, they are out there and there's a lot of good stuff. you are going to hear at a rate of 15 times more coverage of donald trump and comments made about women 11 years ago.

i don't think it's awful to go back at that and get a sense of what he was saying then. what hillary clinton has been saying and e-mailing and then. a lot of it a lot of it and not her ago. i would think that would be fair and balanced. i would think it would be the proper thing to do. we have been analyzing this coverage and i don't think that sentiment is widely shared. what have you discovered? >> well, we're looking at abc, cbs and nbc. there have been 198 minutes of coverage on just these six broadcast shows about donald trump's tape and the things he said back in 2005. at the same time the story broke almost the same hour with hillary clinton wikileaks expoée showing they had to opinions

when it came to trade throughout the hemisphere. it would have really had an effect on american workers. 15 times more for trump than for hillary. the trump stories the big story. the hillary story should be her worst headache in the campaign since their health crisis. it's getting buried under this avalanche of the trump mess. neil: the avalanche is pretty uncomfortable including one at which the clinton camp is working very closely with the department of justice on this case almost coordinated responses. that touches on potential, i stress potential criminality. a lot more of a problem than obnoxious comments by donald trump about women i would think.

>> it is. and us into the polling thing that you just had. hillary clinton is according to the polls the most likely person to become president. she deserves more scrutiny because she's the one most likely to win. the media is doing the opposite digging in on donald trump and sort of taking care of someone that has very little chance and pushing further to the ground. the press is going to look back on this and say we had a chance to hold hillary clinton accountable for these kinds of things in the 2016 election and they never did it because they were so focused on donald trump. neil: if you are so convinced hillary clinton will be the next president of the united states and polls might or might not bear that out, why don't you more closely parse what she was singing because they don't jive with a lot of what she's been telling bankers behind closed doors. those who are pro-free-trade and better trade she said in one of these e-mails.

behind closed doors, all of this stuff. if you want to get a sense that the next president of the united states you're not sure what the commitment ends. that is sleeping quite an interesting trail. >> yeah, but looking at the news coverage of the last month, it has been focused on donald trump. it's been critical of donald trump in hillary clinton's role of the coverage has been one of the donald trump credit. she personally has not been held to account for pretty much anything. if there's a story about donald trump and reporters tacking him than a clinton story is clinton repeating those attacks in her own voice. neil: it's a very good assumption. >> she wins both sides. neil: thank you very much. as i said in st. louis, by all means aggressively go after all of this stuff whether you think it's sure men are not a show at

least near the same view going out or some of these inconsistencies. that is fair. that is balanced. that is doing your job. buyers of stock are not doing this more than 200 points. but we just mentioned here an election that could tip the house and senate as well. the biggest manufacturer that is disappointing. there is a bright spot here. apple just had a 10 month high. more after this. gary, gary, gary... i am proud of you, my man. making simple, smart cash back choices... with quicksilver from capital one. you're earning unlimited 1.5% cash back on every purchase, everywhere.

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neil: sam sun cannot get out of its own way. it is discontinued to introduce no seven. arguably one of the most critically acclaimed smart balance is now history. i don't know what they work on now. right now they've got a battle going on and no less than the

united states supreme court at issue whether they are copycats. still a lot of their design ideas and whether they will pay through the nose for that. peter binds with the latest. reporter: this is a case about trying to update old patent law for these new gizmos here. specifically the apple iphone in 2011 apple sued samsung, charging that samsung had ripped off some of its design features to make it sounds. apple ended up winning that case and under the law, under the patent law it was entitled to the actual words from the statue, total off it on the article of manufacture. total profit on the article of manufacture. well ,-com,-com ma the court said in the courts have said the article of manufacture is the entire iphone and in samsung's case an entire phone sold 10 million of these stones with apple features.

the court awarded it a half a billion dollars in damages. samsung payday, but appealed to an appeals court last day which upheld the decision and then appealed to the supreme court. [speaking in spanish] is arguing that in fact the article of manufacture is the specific design feature that apple has a patch and four. in this case it was for three things. the frame, the surface and the display, the grid with the icons arranged the way they are in a great fashion, not a patent on the entire iphone itself. as a result the damages should have been a portion should have been allocated and smaller based on the profit on the component. that is that they were struggling with today. how do you figure out the component, the thinness editor at the screen is the thing that

sells all of these gizmos and generates all the profit. that is the question for the court. apple says big penalties were put in place to discourage patent infringement and let juries decide what the article of manufacture as an then let them decide the damages. neil, back to you. neil: thank you very much. apple had a 10 month high in the middle all of this. samsung with a permanent recall and stopping production of the galaxy knows that men. you have to wonder, regardless of the supreme court whether they'll pay hundreds of millions more or a billion more, kim samsung ounce bat? what do you think? >> this is definitely bad timing for samsung. apple released the iphone seven that is doing well. not only is it out but it has samsung features for that matter, waterproof now. google has their google pixel coming next week which is the

official google android phone. it's going to be pretty tough for samsung to bounce back. neil: do you think noise like this is more than noise, but samsung's much-publicized problems with this sound will weigh on the outcome of this court case? >> i think it might have some effect. it definitely doesn't look good for samsung to iphone's exploding apple call them out on copying iphones. folks in the supreme court may see that t-tango apple's way. we won't know until next year. it definitely doesn't total for samsung. neil: i don't mean to be flippant about this. what is going on with this phone is a defense. we can't be copied and apple their phones don't blow out. >> i don't know if samsung will go that route. it's definitely interesting. some people compared to one of the old controversies in the past.

i think what is different here is that it's different from your phone catching on fire. i think the fact that evil a different way or stop physically bending your phone is one thing. charging the phone is something we all do everyday and to have that be a risky behavior is a no go. neil: you didn't get reception with an iphone for peer >> and behold a certain way you would not get reception. neil: very good read about this. we'll see how this and that. >> thank you. neil: "the wall street journal" with an interesting read on how the 1% would be affected. by president hillary clinton versus presidenpresiden t trump did the top 1% would get an average tax cut under president trump of about $214,000 next year under president clinton and they would pay 118,000 or

thereabouts. why am i relayed that to you? that is how i roll. when it is news here, i share with you. like i did in st. louis, fighting back killer bees. speaking of killer bees. charlie gasparino is next. i use what's already inside me to reach my goals. so i liked when my doctor told me i may reach my blood sugar and a1c goals by activating what's within me... with once-weekly trulicity. trulicity is not insulin. it helps activate my body to do what it's supposed to do... release its own insulin. trulicity responds when my blood sugar rises.

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dr santilli who's been on the faculty of harvard, mit, and boston university, is developing a new technology to detect these components. we can irradiate containers and suitcases with our neutron flux. this cutting edge technology is also safe the market potential of our nuclear detection stations is truly large. every port or airport can indeed be equipped with our station. thunder energies under the symbol tnrg neil: did you you really think donald trump would take sitting down paul ryan not bothering to

campaign for him or urging house members to focus on their own races and not his race? well, you don't know donald trump. charlie gasparino and has latest on this. what is going on, charlie? >> we should point out we don't know if this is donald directly. this is coming from my wall street sources, who by the way given money to the trump campaign. they're on some sort of a mailing list. what they tell me, at least a couple today was that they got unsolicited, they have gotten calls from people purporting to be an anti-paul ryan super-pac to give money to create, as they were told, transparency regarding what paul ryan is and does in his congressional seat. now as you know speaker of house is out of wisconsin. largely considered safe seat.

he beat back a republican challenger. i'm sure a nominal democrat challenging him. what the super-pac aims to do, run ads, telling wall street guys on other end of the phone, run ads, anti-paul ryan ads, to do opposition research against paul ryan. so clearly this super-pac, as you know, neil, these super-pacs are never directly related to the campaign. for all i know donald has zero to do with this. some of his supporters are doing this on their own. this does happen but clearly shows that you know, the trump forces against paul ryan are aligning and this civil war in the gop is heating up. we should point out, this is real-time. my sources got calls today, like about half an hour, hour ago on this very thing. so, this is reaching a fevered pitch. i don't know what good it is any republican to get rid of paul ryan. he may have -- neil: or to be getting sidetracked by any of this stuff.

>> sounds crazy. we should point out we have calls into the ryan's office. no comment. no comment from trump, the trump campaign. you know, and a lot of these super-pacs they operate independently, quasi-independently. clearly, all does it take is a wink and nod by guy at the top for his fund-raisers to go out there and do what they're doing. but we should point out the reason why my guys got called because they were on a, they gave money to donald trump in the past. so they were on a list. as a matter of fact, the person calling them purporting to be part of this anti-paul ryan pac mentioned you're on a list for donald trump. now we want to create transparency involving paul ryan. and that is a paraphrase but a pretty close paraphrase from what i understand to what is going on these solicitations. it is very interesting. it is reaching critical mass, this war, civil war inside of the gop with this, neil. back to you. neil: imagine if trump were to

win, despite all the polls. >> you have to all work together. neil: kumbayah, everybody. >> go down to mar-a-lago to have a drink. neil: my goodness. dr. gasparino, thank you very, very much. there is the controversy on the other side. doesn't get quite as much attention but these hacked emails. the democrats have been saying the issue here is the russians hacking not so much the substance of the emails which so far they're not disputing. in case you're keeping count now from 19 to the 33 states now reported similar hacking issues, best-selling author, chess grand master, gary kasparov, who warned about this and how widespread it would be. it is getting wider, isn't it? >> as expected. putin realizes trump's winning chances are evaporating steadily. neil: you think he is behind? >> absolutely.

neil: to what end? >> no way any agency in russia at united states, targeting u.s. elections, some kind of a cyber war without putin's direct order. neil: there are other people that hate us, right? chinese. could be -- >> it is, it is risky endeavor. and you, you need to sort of have something at stake. i don't mean chinese are ready take such a risk? what for? i don't believe isolated groups of hackers could force a massive attack. they don't have resources. i think putin now wants to spread some kind of doubts in the american electoral system, to spread chaos, to create many, like recount situations across the country. just imagine in ohio, virginia, in colorado, people complaining about their names disappearing from the register list. with all these complaints, it is easy to raise doubts about

outcomes of the elections. and for the rest of the world it will be clear demonstration, american democracy is not working. neil: all right, let's say if it is putin and russia, the intent was to hurt her chances and it doesn't, she gets elected, what would happen then? what would the fallout be then? she is president of the united states? she's dealing with him. he is dealing with her? >> you know, it is first of all, they expected that with this kind of help you know, she could be stopped on her way to the white house. just, recently it became clear that, trump was, is great talent of destruction. not able to use all the great opportunities that were laid down for him. i don't know what they will do, but you know, listening to russian propaganda, you know, you have to understand, you know, joesph stalin. we haven't heard such intense anti-american rant all over the place. basically they're talking about

war. so i don't think they're serious but the problem when you use these kind of words 24/7, at one point you have to support them with actions. and, i think what we'll have in america next 30 days is quite important. as i said, it is not just about trump winning, it is about destroying the integrity of the u.s. democracy worldwide. neil: if you're right on some of this stuff where they could actually erase some people's names from the voting books or worse, in close states, just the -- >> absolutely. again, you have complaints and some of the battleground states it could be quite close. 50,000 names, 100,000 names, disappearing from the list, could make all the difference. and then you know, having endless courts, complaints. neil: we would be in a long, protracted legal back and forth. >> while america will be, you know, preoccupied with domestic battle, civil war of some kind,

putin will have free hands to go everywhere, middle east, you know, baltics, maybe libya. definitely it is not going to stop. just two days ago russian minister of finance announced in a part of parliament, despite all the financial problems, military expenses will always have the priority. neil: but they spend a lot less on military than we do. >> yeah they spend a little less, but don't forget, the salaries. the costs per soldier, per officer is much lower in russia. so that is why when you look at money actually spent on rearming military, it is compatible. neil: let me ask you about why this contempt on the part of putin for hillary clinton? or is it that he thinks he could have an easier time with donald trump? what's the thinking? >> no. i think it is just because of trump, you know. if hillary would be facing another republican, a true gop, i think it could be the other way around.

so because it is -- neil: but why would they, i'm asking ignorant question, why him? >> trump is perfect agent of chaos. the way he speaks. what he is proposing to do with nato allies, with the rest of the world. i mean, i think it is also psychological for putin. trump is ideal counterpart. someone he can deal with. someone creating doubts about america and -- neil: didn't they used to say that in old soviet union, ronald reagan, they could walk all over him, he was an idiot? >> no. they were afraid of him from day one. i was 17 when he was elected. it was more like, being terrified by somebody on the record, since 1964 ronald reagan was very consistent. neil: no doubt. i agree with you there. i also seem to remember they thought he had a lot of crazy ideas and they dismissed him? >> they dismissed him because they were afraid of him. now as for trump, exactly the opposite.

neil: that is interesting. you have negative been a trump fan, to be fair. >> look, you know, i said from the very beginning trump is a litmus test for political decency. if you support him you don't have any. trump is danger for u.s. democracy. what he has done already, buried the gop. that is first thing we see after november 8th. it will be reorganization -- neil: you could be right about that, gary. if he does lose, and it's a big loss, it could be a big change in the party. >> not only loss of the white house race, it could be senate most likely. then we're talking about the house now. it could be one of most devastating losses. neil: that is one of the fears. >> obama eight years into office was not a success. domestically, question mark. internationally total disaster. neil: gary kasparov. always good seeing you. as gary was speaking we're getting word from president of

the united states that he thinks by the 2030s, we'll have, we'll have men on mars. donald trump has just tweeted, hopes the first one is gary kasparov. we'll have more after this. so what else is new? how's your mother? umm..she's doing good. she needs more care though. she wants to stay in her house. i don't know even where to start with that. first, let's take a look at your financial plan and see what we can do. ok, so we've got... we'll listen. we'll talk. we'll plan. baird.

reporter: i'm ashley webster from the floor of the new york stock exchange with your business brief.

we have selloff on all major markets, all you can see down 1%. nasdaq up 1 1/2%. look at stocks a bit of a drain on the markets today. we begin with merck down 2.6% as you can see. intel also down 2.6%. unitedhealth also a drag do, down nearly 2%. visa too down 1 1/2%. now let's look at stocks that have been on the move in light of those problems at samsung has had with its galaxy note 7. apple benefiting no doubt. analysts say it could increase apple iphone sales by 15 million. that stock is up. alphabet or google may be able to sell more of their pixel phones. the stock not reflecting it, down half a percent. latest from the new york stock exchange. more with neil cavuto right after this.

neil: i think this is donald trump tweeting. i hope people are looking at tweets from donald trump. i hope they'reooki at the does graceful behavior of hillary clinton as exposed by wikileaks. she sun fit to run, obviously responding to wave after wave of leaks show her saying one thing when it comes to going after bankers, trade policies, even the email scandal and that there was no white house coordination in the emails. there does seem to be some coordination. anyway donald trump, heard that reaction.

hillary clinton will be in full force in florida today. al gore will be campaigning with her. her husband has been campaigning in the state. so, this is all you need to know about how big of a deal florida is to the clinton camp. and where they could cinch it they think. adam shapiro live in miami with the very latest. hi, adam. reporter: hey, neil, when you talk about al gore and clintons, you might recall 16 years ago we have video of al gore and former vice president was running for president. he was coming off of the clinton sex scandals. there was some animosity between the clintons and the gores. they kept the clintons off the campaign trail. not as much as you might have expected to not have the president campaigning for who was vice president. this will be first time gore joined hillary clinton on campaign trail to make a campaign appearance here at miami-dade community college in kendall campus. he will talk about climate change.

hillary clinton needs florida. 29 electoral votes. this is considered a swing state. i want to look into latest polls. they show changes in favor of clinton on sunday. this is "nbc/wall street journal" poll. nationally clinton has 46% of the registered voters in her favor opposed to mr. trump who has 35% of the registered voters. look what fox news put out about two hours ago. the electoral college map. florida is consider ad swing state, essentially still in play for both candidates. right now florida according to fox is leaning democrat. that is important. it is also important for donald trump. he will be in northern florida today, campaigning. he is going to be in ocala north of orlando, later tomorrow. it is important because no republican has won the white house since calvin coolidge, 1924 without winning florida. so this state very much in play. hillary clinton due here at 3:00 p.m. neil? neil: adam, thank you very, very much. adam shapiro.

footnote on that, "wall street journal/nbc" poll, that was done prethe second lessdential debate and post the tape of donald trump that became a focus. the electoral debate breakdown is phenomenon as leading averages in battleground states. we'll have more after this, why bernie marcus says don't jump to conclusion. and don't seal the deal on this race. t system for whenever anything happens in the market. but thinkorswim already lets you create custom alerts for all the things that are important to you. i guess we don't need the kid anymore. custom alerts on thinkorswim. only at td ameritrade.

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>> hillary is interested in killing the rich, killing -- what is that going to do to create jobs in america? we have to think about the people. there is 95 million people that are out of workforce. neil: i think she said she wants guys like you to pay your fair share. what did you think of that? >> you know what? you could take all of my money, frankly and it is not going to make a drop in the bucket. come on, neil, by the way you're in that bucket also along with me. so, if she takes it -- neil: -- that bucket, bernie, but i understand what you're saying. >> neil, i give away a lot of money. my foundation gives away millions every year. i will be broke every day. i will be right where you are. not so good. at least i accomplished something. neil: that man gave money to get aquarium going in atlanta, enough said there. it is about going after the rich. >> it is going after the rich.

new numbers from the tax policy center how donald trump's and hillary clinton's plans will sock it to them or not. donald trump by the way wants to cut taxes by $6.2 trillion over a decade. half that benefit will go to the 1%. that will be a stick that hillary clinton will hit him with, but what does clinton do? she will raise taxes by $1.4 trillion with that concentrated on top 1%. the top 1% will see their after-tax income fall by almost 7 1/2%, and average tax increase of about $120,000 on the top 1% this is group of people. you can go through her tax proposal if you will. she has 30% minimum tax on those making more than $2 million a year. there is a surcharge on people who make more than $5 million a year. she changes estate tax. raising capital-gains taxes. you name it. neil: -- all that spending?

>> no, it doesn't actually. raising taxes by $1.4 trillion. she will increase spending by one estimate i saw $1.65 trillion. even her tax increases don't pay for her spending. we now how liberal spending goes. it winds up being a lot more and lasting not just a short period of time but potentially forever. one thing i want to point out the last eight years we have seen i here taxes, more spending. more government control. national debt that has, roughly doubled. what have we gotten for that? virtually no growth. people whose wages are not going up. she wants to raise taxes on rich. she wants to raise taxes on businesses. so what does that do to job creation. neil: populist appeal or donald trump's views on women but he is slip-sliding away on this. >> she wants more of what we've had over eight years. so what is that? when you do the same thing over and over again and expect a different result that is the definition of insanity.

neil: let me ask you i was away when erupted in st. louis with this thing. dagen mcdowell, as very successful career woman hearing donald trump on this tape, your thoughts? >> i had trouble with the way he talked about women and to women even before he declared his candidacy for the presidency. i talked about it on this air. i said that wives across the country were going to have very brutal conversations with their husbands. neil: yes you did. >> i won't repeat what i said. so, i have said this, to all republicans who are now turning and running disavowing their endorsements of him, shame on them because you knew what you were, you knew who you were getting in bed with so to speak. you know how he talks about women whether carly fiorina or what he did to heidi cruz. you know that is out there. did you think there wasn't more? i think a lot of reasons some of these republicans are cutting bait because they fear more videotapes coming out. neil: that could be. that could be. dagen, thank you very, very much.

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trish: it is hard to do when