>> there is uncertainty and headline risk. no one likes it. we like amgen and look at abbott labs. [closing bell rings] cheryl: got to love that. chad morganlander, stifel-nicolaus, chief portfolio manager. closing bell and melissa and david. for the "after the bell." david: i'm david asman. melissa: i'm melissa francis. here is whales we have for you coming up this hour. we have just 17 days to go until the election. donald trump and hillary clinton are iting into each other for crucial votes in key battle ground states. both candidates holding events at this hour. trump in pennsylvania and clinton in ohio. clinton meeting with activists from "black lives matter." half an hour we'll take you there live for an update. did you have trouble logging on to amazon, netflix or twitter today? david: yes.

melissa: major american websites under attack. we have the latest on the details. i noticed that. how but, david? david: i sure did, particularly on twitter. back to the markets, the dow closes lower for second trait day. ibm and merck among today's biggest drags. larry levine from the cme. lori rothman on the floor of the new york stock exchange. lori, big day for big deals. one potential megamerger everyone is talking about. >> used to be merger monday. call it friday deal day. we're talking about british american tobacco offering to buy 58% of reynolds american it does not already own. 4billion dollar deal. brands as newport, pall mall under same corporate umbrella. world's largest publicly-traded tobacco company. shares of american reynolds soaring 14%. british american tobacco, acquirer, no surprise is down 4%. stocks little changed but for the week benchmark indexes.

nasdaq outperformer of .8 of 1%. look at dow and particular names drove the dow and also laggards. starting to the upside, all four names i'm about to show you, they're all moving in reaction to latest quarterly earnings. that is the overriding theme for markets and investors of late. american express up 12%. had fantastic support, boosting financial forecast. unitedhealth up 8.4% for the week. pressuring the index for the week, travelers, the insurances company as well as intel, gave a revenue forecast disappointed wall street. shares were down this week, 5.9%. back to you. melissa: lori, thank you. oil, rig count climbs above 11. last time we saw double digits it was two months ago. what is up with that? >> it is really interesting, like you said.

one thing i take out of this week, oil up 1%, that is not that big of a deal, single day we see better than 1% move. oil has had a little volatility but not as much as traders would like to see. with that being said it wants to move higher. we've seen higher highs and higher lows. we traded above $51, we'll keep moving in that direction. melissa: how do we set up for next week you think? >> i think you have got to be buyer might have to bide up on 52 handle. don't think we'll see 51 or below 50. put your risk there between 50 and $52. buy it there. put stop below 50. melissa: buy me a couple barrels, larry. thank you. david: gas prices will to up, we know that massive megadeal in the works with media with at&t in advanced talks to acquire time warner cable and its highly coveted cable networks, tbs, tnt and hbo. here with reaction ceo of "barron's" senior editor, jack hough.

jack is the deal going through? >> advance talks and reports say it could be announced this weekend. i will not come out and say definitely no deal but what i will say is this. i don't think -- pull up a quote on time warner, i don't think you will see. more of a premium than we see now. they turned down a deal -- david: by our guys, twenty-first century fox. >> 85 bucks a share. call that a floor, right? if you're talking about 100 bucks a share, deal at that price, such a significant premium over what where at&t trades versus earnings, you have a hard time really just tie filing a -- justifying a deal much more than that. if the deal is announced you could see the stock trade significant discount to the deal price because there is real regulatory concerns here. david: exactly. that is the point. regulators are really tough these days. they may talk about collusion between things. if goes through there are pipeline companies people say

amazon might try to buy disney, something like that. that might start a trend. >> indeed. so that is part of the reason i think we're reading and hearing that there is talks all weaken about this deal because they're really trying to push this through. david: yeah. >> there could be other bidders here. david: by the way, forgive me for interrupting but we're getting word that "the wall street journal" reported that apple actually put in a bid for time warner a couple months ago. go ahead. >> non-traditional players in this space, right? companies like apple and alphabet and companies like facebook could be interested here. david: interesting. >> so the really lucrative cable property here, who doesn't watch "game of thrones," could be such a boon to so many different kinds of media companies. david: yeah. i don't watch "game of thrones" by the way but i do have hbo. melissa: major american websites under attack. homeland security is looking into coordinated attempts to

take down amazon, twitter, netflix and other popular sites. you may have had trouble logging on today. david: yeah. melissa: these sites have been hit at least twice by denial of service attacks, flooding website with so much traffic it crashed system. government officials are not ruling out a cyberattack by a nation state. we'll monitor the story and bring you developments as they come along. meanwhile shares of mcdonald's ended up more than 3% getting boost from better-than-expected earnings before the bell. the chain powered by renewed commitment to all-day breakfast, and sale of chicken mcanything gets, without artificial preservatives, i will say my kids love the new mcnubbing gets. i will not say i feed my kids mcdonalds. are they putting eggs in one basket with the all-day breakfast thing? is it here to stay as trend or

popularity die down? >> breakfast all day is extremely popular. as they continue to expand around the globe i think this will be a real boon for them, streamlining menu. instead of going in to see 100 different choices, it is simpler to order. they have done a couple things that are really smart. melissa: yeah, it makes it much easier for people running different franchises they don't have so many things on the menu. jack, let me ask you. ceo says i want to get this quote right, they want to become a modern progressive burger company. what does that mean? >> first of all i love how excited you get every time you talk about mcdonald's. melissa: i know. >> you have a lot of passion. melissa: i really do, especially french fries. >> mcdonald's could drive better results by going a little upscale with its food. they have had a lot of competition from better burger chains. melissa: really? >> higher price, bigger margins. i think restaurant space is too crowded right now. i think some entire chains need to shut down before we'll see meaningful, better results but mcdonald's could drive improvement with better menu

items, piece by piece, making their food a little better. melissa: even better? how is that possible? i'm looking at that picture of all day breakfast and i'm still hungry, david. david: making me a little bit hungry. mcdonald's is up, nfl down 19%. fans are saying they're watching fewer games and whopping 40% of those people say they're tuning out pro-football because of players disrespect for the national anthem and american values. this according to a poll conducted by yahoo! and yuga. jack is it time to get the players to stand up? >> well, look, it is long past time to get the players to stand up. that outrage is ordinary people across the country. think nfl has some other problems here with the fact this has been a nail-biter of election season. people are consumed with news coverage. david: true. they mentioned that in the survey. elle, 40%, that was the biggest single factor apparently leading people to tune out these things. 20 years ago, by the way, nba

forced or suspended players doing similar things when the national hand them was played. should the nfl take a page from the nba in this? >> i think they could do other things that would encourage viewership. i knownoticed when i, when i watch football, seems like i'm watching a lot of commercial with a little football in between. i think they could change that so it's a little easier to watch and understand. people are watching on all different mediums. so streaming to twitter is smart but what about streaming to snapchat, something else? david: right. >> they're really not making it user friendly for millenials. david: half the commercial are about mcdonald's. melissa: i'm pretty happy about that. making me hungry. david: appreciate it. melissa: we want to take you live right now, donald trump is hitting big battleground states today. he is speaking right now in pennsylvania. this is ahead of tomorrow's big event in gettysburg where he is going to lay out what he is calling his contract to america, outlining everything he will do to get the country back on track when he takes office as president.

we'll take you back for all of the big headlines. but in the meantime -- david: meanwhile, facebook employees want to remove donald trump's posts, calling them, quote, hate speech. now facebook's ceo mark zuckerberg has weighed in with his answer. we'll tell you what he said coming up. melissa: hillary clinton in cleveland, ohio, where latest polls show the candidates are neck-and-neck. clinton expected to address the crowd after she meets with activists from black lives matters. we'll take you there live for the details. david: a brand new batch of wikileaks just in the time for the weekend, highlighting even more apparent conflicts of interest with the clintons. >> we've just learned she tried to get $12 million from the king of morocco for an appearance. more pay for play. 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...

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david: newly-he released emails showing more conflict of interest within the clinton foundation. fox business's peter barnes with all latest details about these emails, i just understand they had a friday state department of dump emails. is that right, peter? reporter: that's right, david. state department emails, 112 emails turned over to the state department for review to be released to the public part of the fbi's investigation of her use of private email server, one fbi decided to, against recommending any prosecution on. as you recall, and the state department says in a press release in fact, a lot of these, of this 112 documents are duplicative of previously-released emails of the 55, 33,000 emails that she turned over before that the state department had pushed out before and we have noticed this

pattern that the ones from the fbi have been duplicative of previously-released emails from the state department, her private emails from the state department. so, but we're going through those and double-check. on the latest wikileaks dump, we did report, yesterday in that big $12 million donation of king of morocco to the clinton foundation contingent on hillary clinton doing an event in that country in 2015, long after she left the state department, she ended up not doing that but her husband did. now the foundation has promised to stop taking corporate or foreign donations if she becomes president but a new wikileaks email released today from last october showed head of foundation's clinton global initiative trying to figure out how to keep the money flowing? bob harrison, email chairman john podesta about the future because of questions from employees, members and sponsors. quote, imperative we have an

answer, whether cgi, clinton global nichetive will and can exist beyond 2016 if secretary clinton becomes the next president. he says what will need to change at cgi. bill clinton has to stay involved as the initiative's convener, that quote, the economic viability of cgi depends on its ability to attract members and sponsors to support the enterprise. he asked what kind of restrictions might be placed on sponsors an donors and writes, if corporate, individual, or foreign sponsorship is precluded is there acceptable membership alternative for these organizations an at what price point does that fee become unacceptable? the clinton foundation today referred us to bill clinton's announcement from august on the organization's plans to limit contributions if his wife wins the white house. melissa: limit. limit. limit. david: i was going through some of the state department emails. one had to do with wikileaks meeting in 2010.

kind of intriguing how all these things are coming together. peter, you thank you. melissa. melissa: relates back to all of this, hadley heath manning, erin elmore a trump surrogate. steve murphy, a democratic strategist. thanks to all of you for joining us today. i want to put up email from huma abedin, she says if hrc was not part of it, the meet something non-start ir. the king personally committed 12 million for the endowment and support the meeting. she created this mess and she knows it. hadley, huma abedin is calling this a mess, it seems because here you have hillary clinton who just announced she was going to run for office and she is taking $12 million from a foreign government, which looks terrible, is a total conflict of interest. it is a country with a mixed human rights record at best. how do you react to that? >> well, i agree, it's a mess. what else can you say about it. this sun fortunately another

example of pay for play. it is another example for scandal and laundry list of scandals that the clintons have faced, it cast as lot of doubt how mrs. clinton would govern? is she type of president who will treat all americans fairly or take the pay for play attitude into the white house. melissa: steve, i don't know how you get around it is tremendous conflict of interest when we're seeing emails that her own team is scrambling, trying to figure out how they're growing to cover it, how they're going to deal with it. what is the response? >> what they were trying to deal with was who is going to go to morocco for the event. melissa: yeah. >> she is presidential candidate. melissa: no doubt. >> there is nothing wrong with collecting that money. that money -- melissa: how did you figure? >> it was helping people who are hiv-postive and morocco is a strong, strong, very strong ally of the united states in the fight against islamic terrorism. melissa: if that is the case, why does huma abedin like all of the rest of us it's a mess? >> it is a mess who is going to

go there. melissa: go to pay everybody in the clinton foundation which is their way of supporting their lifestyle. why does huma abedin know this is mass and you don't think it is? >> it is a mess who was going to go there. melissa: you're right. >> she is now a presidential candidate. bill clinton went there. mess resolved and, the -- melissa: i'm glad you brought that up. >> people in the foundation are getting help still. melissa: i'm glad you brought that up, erin, the email we were discussing yesterday, he said bill went, he is right. in the internal email we were looking at yesterday, it was people within the foundation talking about the fact that they're being subjected to checks and balances but bill clinton gets to take money from whatever governments, take money from speeches, around they said quote, he is more conflicted every day, sending bill, does that make it any better that he is is the one there collecting the check and then on the hook for the favor down the road when the king who gave $12 million calls the president of the united states and says, guess what? i need the u.s. to do this for me, remember i gave you 12 million bucks?

>> the hits just keep on coming with the clintons. it is one example of pay for play after the next after the next after the next. they clearly don't care about humans because of all of these human rights violations in that country. they don't care about people at large. they don't care about the american people. they care about lining their pockets. this is just yet another of many examples of just how corrupt they actually are. melissa: yeah. hadley, how do you respond to the claim, they're just taking this money to help people? >> oh, if only it were so. there is lot of charitable enterprises in the united states and around the world that do wonderful things for many people but at the end of the day, if you're going to be involved with a very powerful being secretary of state or potentially becoming the president of the united states, you are obligated to reveal any conflict of interest that you might have. certainly when it comes to the clinton foundation this is again not only example that we see of the clintons being involved, having their hands in a lot of different pies here. melissa: there is a reason there is a law against political

candidates taking money from foreign governments when they're running. guys, thank you. david. david: just looking at some emails just released by the state department. one is of interest. hillary clinton is asking her aide, huma abedin, about a secure meeting with janet napolitano and hillary asks, can i do it on cisco? very interesting. we'll talk more about that. meanwhile candidates breaking bread together. jump jump and hillary clinton taking jabs at an al smith dinner all for the benefit of melissa francis who was front and senter. >> right. david: media buzz host howie kurtz weighs in on best and worst jokes of the night. melissa: just like a starter home, president obama doubling down on obamacare, claiming it is working despite double-digit rate hikes. >> like building a starter home, or buying a starter home. a lot better than not having a home. but you hope that over time, you

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david: despite a lot of dell r democratic concern about the failures of obamacare, the president is actually doubling down on his signature policy, laying out a challenge to congress and the next president. >> maybe now that i'm leaving office maybe republicans can stop with the 60 something repeal votes they have taken and stop pretending that they have a serious alternative, and stop pretending that all of the terrible things they said would happen have actually happened, when they have not. and just work with the next president to smooth out the kinks. david: hmmm. trump campaign surrogate pete cortez joins us. just smooth out the kinks, is that all these problems are, just kinks? >> david, i know it is 10 days until halloween but if we want

halloween early, this part actually isn't funny, you want sticker shock, look what your premiums are going to be and deductibles going to be. open up mail or email and look at your insurance policy americans are doing that all over the place at kitchen tables. they are truly shocked. it is real sticker shock. president obama said this is the first step. well if this is the first step, then it's a step off a cliff, because it has been a nightmare for most americans. their costs are spiraling out of control. their care hasn't changed. this isn't working. this is central planning at the very worst. david: we just heard it's a lie to say that the way he sold it was untrue, but here is is the biggest lie in the way he sold it. he said it is not going to add a dime to the deficit. the cbo which is non-partisan come out with cost of obamacare to the federal budget, of course we have $600 billion deficit, 36 billion, 74 billion,

74 billion, total cost so far is $220 billion. that is a lot more than a dime. >> you make a great point. deficit was getting under control only because the economy was everring albeit incredibly sluggishly, but recovering nonetheless. god forbid we go back into recession which i think we probably are unfortunately. if we are headed back into recession, can you imagine what will happen with the deficit with this obamacare specter hanging over us? it will be catastrophic for the economy and it is, by the way, it is central planning at its very worst. david: focus on that. that is a great point. it is not just money. we don't want to get lost in the weeds as figures as important they are. it is about loss of power for the individual, the individual has lost a lot of power to decide which doctor he wants. which health care program or which health care plan he has. which hospital he wants to go to. individual power and freedom has gone down as government

valvement in this has grown -- involvement. >> they always do, don't they, inversely correlated. ronald reagan said a long time ago, the worst words you ever hear, i'm from the government i'm here to help. even when they are good intentions, polly implications are always wrong for regular americans. i'm a surrogate for donald trump. one of the reasons, perhaps the main reason, that he is resonating so much with some tens of millions of americans, he represents a very different way forward which says, enough with central planning, enough for the washington d.c., and a corrupt cartel that answers to k street and wall street but doesn't care about what is going on main street. david: i have to tell you, taking away individual freedom is not good intention. that was one of the intentions from this from the get-go. we have to leave it at that. steve, have a wonderful weekend. thanks for joining us. >> thank you. david: big pitch for ohio voters. hillary clinton set to take the stage in cleveland as new polls

show a tighting race in the buckeye state coming up. melissa: candidates get personal on immigration debate. they battle who can best implement reform. our all-star panel can weigh in. >> hillary clinton said her dream is totally open trade. there goes your business. open borders. there goes your country. kids to flap their hands. and so when i saw that, that was completely disqualifying. i'm a republican, but this election is so much bigger an party. my son max can't live in trump world. so i'm crossing party lines and voting for hillary. i don't always agree with her, but she's reasonable. and she's smart. she can work with people to solve problems. i want to be able to tell my kids that i did the right thing when it really mattered. i'm hillary clinton and i approve this message. [aand i've never seen a rocketge ship take off like this. [owner] i'm lindsey. i'm the founder of ezpz. my accountant... ...he's almost like my dad in this weird way.

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(the lion sleeps tonight.) (hush my darling...) man snoring (don't fear my darling...) (the lion sleeps tonight.) woman snoring take the roar out of snore. yet another innovation only at a sleep number store. melissa: finding humor in the election, donald trump, taking a shot at hillary clinton during

last night's al smith dinner. no one laughed harder than hillary herself. watch. >> in fact just before taking the dais, hillary accidentally bumped into me and she very civilly said, pardon me. [shouting] melissa:s that was pretty funny, i have to admit, howard kurtz. host of "media buzz and fox news analyst. we were laughing. having a great time. it feels very kumbayah in the room. and then trump does the joke about how she is so core result she got thrown off the water gate commission. how corrupt you have to be. kind of goes into, what is like a campaign speech. the room starts booing. it went off the rails. how did it from your perspective. i was there.

it was incredibly uncomfortable. how did it play out, from where you were? >> you know, it is al smith dinner is supposed to be this self-deprecating exercise like celebrity roast, catholic charity. you can sink the singe the opponent but don't burn them. trump getting booed at this dinner three weeks out, the election is not turned on this media seized on this if he had, committed a crime. i think we're in situation right now where donald trump is getting so batched press, especially after the las vegas debate, that everything becomes a metaphor. here is the latest example how he screwed up. melissa: right. to be fair, if you were sitting in the room, the exact same thing happened to her. she stood up and very funny and started taking shots at him and getting serious on the campaign, audience turned against her too. listen to this one, this is where for me she lost the audience. go ahead.

>> if donald does win, it will be awkward at the annual president's day photo when all of the former presidents gather at the white house, and not just with bill. how is barack going to get past the muslim ban? melissa: i mean, a couple of people laughed but we were like, oh, i mean that just cuts back to, what is the difference there, howard between the making fun of yourself, which, you know, is something that charms people, when you're able to laugh at yourself, but maybe that is not right on the campaign trail? i mean somebody was making the case this morning that you only have a few moments left. this was fully televised. people out there in the wider audience weren't looking for good, you know, weren't viewing this as this event in particular. they were looking at candidates speaking t was opportunity to hit the other guy. what do you think about that? >> it is like the old cliche, when you are at an event and see how the media cover it you have very different view. you were in the room. i was not there.

i was coming back from las vegas. we badly need ad little humor in the campaign. melissa: we did. >> this is 24 hours remember they didn't look at each other or come close to shaking hands in the third debate in las vegas and that got pretty nasty. fascinating to me they both had moments arguably went over the line. that was not reflected in plead yaakovrage which was almost all anti-trump. that is kind of revealing even if both couldn't help themselves and got more serious than appropriate for tone of this event. melissa: no, definitely. it was both of them. all we heard headlines this morning trump gets a booed. that was a small portion of what happened and she also got, the crowd turned against her as well. it was a great night. then it was, back to the campaign. howard, thank you so much. david: the press is biased? surprise, surprise. donald trump holding a rally in pennsylvania just mentioning a proposal to combat regulations. we thought you would like to hear it. >> one new proposal i'm

outlining today will help us put the corrupt regulatory industry out of business, the regulatory group, they are putting your mines, your natural gas, they're putting you out of your business, folks. they're taking your jobs away. i will work with congress, for everyone new regulation, two old regulations must be immediately eliminated. [cheering] we're losing two trillion dollars in economic activity a year just due to regulations. think of it. the only people getting rich are the lobbyists and lawyers and special interests. they're all making a fortune off these regulations. i'm also going to push for a constitutional amendment to impose term limits on all members of congress. [cheering] not only will we end government corruption, but we'll end

economic stagnation and we'll end it quickly. my plan, lowers our business tax from 35% to 15%, and, lowers our middle income taxes we're going down to three bracketsket from seven. taxes coming way down for individuals. hillary is raising your taxes substantially. david: you want specifics, folks. there is specifics. illegal immigration is still a big issue on the campaign trail. both trump and clinton outlining the emotional sides of the immigration debate on wednesday night. listen. >> in the audience tonight we have four mothers of, i mean these are unbelievable people that i have gotten to know over a period of years, whose children have been killed, brutally killed by people that came into the country illegally. >> i was thinking about a young girl i met here in las vegas, carla, who is very worried that her parents might be deported because, she was born in this country, but they were not. they work hard. they do everything they can to

give her a good life. david: so the two sides, which candidate has a better plan to stop illegal immigration? here now aj delgado, trump campaign senior advisor, she is, excuse me, and javier paul mayor rest, hispanic chamber about commerce, hillary clinton supporter. aj, we've got so do something about illegal immigration. the bedrock of american commerce is the rule of law. as long as we have an illegal im control, we really jeopardize commerce, do we not? >> absolutely. i'm glad to hear you say we do need to do something about it because that is something democrats under hillary clinton are denying. if you look at hillary clinton's website, it is frightening. there is nothing on there about border security, additional fencing, even e-verify, something that is very non-controversial position, whereby you simply confirm that somebody is qualified and certified to work here. not even that is on there.

so those of us have, listen something has to be done about illegal immigration, great. hillary clinton is not your candidate because her entire platform, as it lists on her own website is just what else can we do for illegal immigrant and nothing to safeguard the jobs and safety of the american public. david: in fact, haugh very area, we got through wikileaks. one of the speeches in brazil she talked about open borders. >> right. david: i understand she said it was just about energy but it wasn't. she said we want open borders. we want common market. we want green energy but she did mention open borders. is that her plan? >> no, that is the not plan. first of all, david, thank you for having me. look the immigration system in this country is badly broken. nobody is arguing that, it does need to get fixed. you don't fix anything by fear-mongering or fiery rhetoric. here are facts we all should consider. heirs -- i.c.e. is largest agency in america.

it has the largest law enforcement agency in america. it has larger budget than all the law enforcement agencies put together. we're talking about a guy who wants to take office and increase i.c.e. that isn't the way you fix this problem by the way. 42% of all the immigrants in this country came here legally. by the way they didn't cross a border. they flew in. unless you build a wall, that is 38,000 feet in the area we'll not stop there. david: the point, the folks on the line, literally on the border are putting their support behind donald trump. why do you think that is? why do you think the agents who are actually there saying the border is totally out of control are going for trump? >> because they believe as we do, that the immigration system is broken, but you don't fix an immigration system that has been badly broken over decades with fiery rhetoric and by creating a whipping boy. david: but you don't create, you don't fix it by calling for open borders either. >> we studied net migration with the george w. bush institute over a five-year period of time

and we found that between america and united states, this is george w. bush institute by the way, net migration between both country was 20,000 people. for countries of this size that is basically zero. david: javier, the problem with those statistics they don't match up, problem with those stats they don't match up with the what the border agents themselves are saying is the situation. aj, that is the point. if you go down to where it actually is, if you avoid washington going inside the beltway, go down to the border, that is where they say the people on the line say things are out of control. we got to fix it. a lot of them are going with trump. >> right. just as he said, "ice age" sy experts they're supporting trump. latinos live on border, "esquire" magazine talked to them, they are supporting trump. javier did not mention a single thing hillary clinton has in her platform that will help curb illegal immigration.

pivot it over you don't solve it with donald trump's fiery rhetoric. he has a plan. a wall, border fencing. border security. hillary clinton's policy is just what else can we do for -- david: no matter who is elected we have, hold on a second, javier. we have the becerrarogram, it was guest work irprogram from 1940s, to 1960s, when unions killed it, maybe we could bring back bacero? >> that is great consideration. something we should consider. david: aj? >> something we can consider, sure but we need border fencing. we need a plan. hillary clinton. david: we have to firm up the border but we have to have a real plan. thank you very much, have a great weekend. >> appreciate it. melissa: hillary clinton wrapping up meeting with activists from plaque -- black lives matters as the democratic nominee prepares to take the stage in cleveland, ohio. fox news's jennifer griffin is live in cleveland were the latest on this one.

hi, jennifer. reporter: hi, melissa. we landed and traveled on the plane with hillary clinton. i had a very interesting conversation with one much her senior aides. they are increasingly concerned that donald trump may not accept the election results on november 8. they are making, they are taking that into consideration as they plan how to spend the next 18 days campaigning. it is one of the reasons that you see michelle obama and other top surrogates down in arizona, which is typically been a red state. they believe that they have a chance in some of these red states, like arizona, and they plan to try and run up of the score in terms of electoral college there is no doubt that if they win, that they win with a mandate. so there is no question of a recount and no question of a whether the results are accurate or not. now here in ohio hillary clinton is about to take the stage. what's notable is that the polls show that the two candidates in

a statistical tie. "real clear politics" average shows donald trump is leading by just .6%. they're tied at 44-to 44.6%. that is significant. ted strickland, the senate candidate for testimony todays was on stage behind me moments ago. he is trailing rob portman, the republican by 15 points. so a big difference in those two races. ohio will be very crucial and certainly donald trump would need it in order to win the presidency. back to you. melissa: jennifer, thank you for that. mark zuckerberg siding with donald trump. hear what has the two billionaire on the same page of one another. plus shifting focus away from the presidential race. why the house and senate may be even more important. that is coming up next. at old dominion, we ship everything you can imagine. and everything we ship has something in common. whether it's expedited overnight... ...or shipped around the globe,

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♪ he has a sharp wit. a winning smile. and no chance of getting an athletic scholarship. and that is why you invest. the best returns aren't just measured in dollars. td ameritrade. david: donald trump's facebook page is igniting a virtual civil war inside social media company.

many employees insist on removing republican nominees's posts because they call it hate speech. "wall street journal" some employees viewed his comments on muslims as hate speech although mark zuckerberg in december ruled that it would be inappropriate to censor trump. so zuckerberg got the top word. melissa: interesting. congressional seats up for grabs after a turbulent election season to say the least. republicans are concerned that they may lose majority in the house and senate come november. how important is party status? fox news's doug mckelway is in d.c. with the details. doug, break it down for us. reporter: well, melissa, the system of checks and balances that our fathers set up to temper the divisions in this country will stand a new test in november. democrats need 30 more seats to regain control of the house, to elect a speaker and to wield the power, immense power that comes with the speakership. >> he sets the agenda. he sets the calendar. effectively determines what comes up for a vote and what is killed in committee.

the ability to set that agenda does not just affect the house calendar or the bills that are filed in congress. you but it has a real impact on the national conversation around policy. reporter: years of redistricting have left most house republicans in largely white, rural, and safe seats. so democrat control of the house remains a long shot, but democrats are increasingly hopeful given donald trump's decline in polls following the first debate. >> we have in all of our three ms, met our goals and beyond, messaging, mobilization, owning the ground, and money. we did very well last month, and every month before that. so i think we're in a good place. i think we'll be within, single-digit either way. reporter: the senate is different matter. "real clear politics" for the batter shows democrats may well win control of senate, though seven seats are still a toss-up. that possibility led house

speaker paul ryan to remind voters of consequence of a senate loss. >> if we lose the senate, you know who becomes chairman of the senate budget committee, a guy named bernie sanders. ever heard of him? this tells you what we would deal with divided government if we lose control of the senate. >> reporter: wave effect or is hard to suggest. educated republicans are sticking by down ballot candidates even as they reject donald trump. melissa, back to you. >> doug, thank you. david: by the way we're getting breaking news on this time warner deal. seems that apple is monitoring very closely what at&t is doing with regard to their attempts to get time warner. so there may be a little bidding war going on. we'll keep you updated on that information as we get it. melissa: wow! david: big win for republicans in the state of florida ahead of election day could make a significant impact at the polls. we'll tell you what that was next right here on "after the bell."

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david: well republicans have something to be cheering about. in florida, after a crucial ruling by a florida judge occurred just ahead of early voting in the sunshine state. adam shapiro has the details. adam? reporter: early voting will start monday here in florida but already republicans are saying they have scored a victory because a federal court judge ruled against the democrats who were trying to get roughly 60,000 voters ruled eligible without having to go through the verification process. the judge said that there was no threat to those voters because in florida, you can always cast a provisional ballot. but the democrats were trying to bypass that process as well as verification process. and republicans were worried that would open the door to potential voter fraud. >> i was personally very surprised. this is a very liberal judge, appointed by the most left-wing president in the history of this country so i would expected he would continue legislate from

the bench. thankfully he did not. reporter: early voting begins monday here in florida. and across the state, people will be casting their ballots but candidates, hillary clinton and donald trump, are expected to be here, throughout the week, rallying their base, to go to the polls. david: adam shapiro. thank you very much. melissa. melissa: update to the web outages that major tech companies like amazon and netflix experienced today. web technology provider dine saying attack came from tens of millions of i.p. addresses. that the denial of service attack moved around the world with each attack. very sophisticated. david: millions, wow. if you're looking to kick up your feet with cold drink to start the week, you don't know about drinking alcohol, do you? melissa: no. david: i know a little bit about bourbon. we have good news for bourbon drinkers.

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rejoicing in favor of a new contract that would bring a week long strike to an end. just in time to make more jim beam. risk and reward starts right now. wikileaks is back with the 14th data drop. inside hillary clinton's campaign. the details continue to rock that campaign. welcome to risk and reward. on our screen at&t and advance costs a major deal involves the acquisition of time warner and includes a lot of content here. also the warner tv and film studios but let's get to the latest wikileaks development. my colleagues has the very latest. >> hey liz.