hours into the session, we're up 338 points. that gain was held despite trump making that speech in sarasota, florida. our time is up, but neil's been watching the speech, and be he will take you from here. neil: stuart, thank you very much. and to your point, the dow is trending ahead right now. is it because they think hillary clinton is going to be elected president of the united states tomorrow? hard to say. this much is not, as soon as we got word that the fbi said that october surprise was going to be a reverse november surprise and not pursue any criminal proceedings against mrs. clinton, well, that's all that buyers of stocks seemed to need or hear mainly because she is the expected, the better things look for donald trump, the worse things look for stocks. you could make an argument here that donald trump longer they were would be better for the markets, but they usually pounce on the immediate news and then sort of digest it later. right now they are digesting this as a good sign for the

markets. but we're also pointing out how sometimes they could be short-term wrong, long-term right, short-term right, long-term wrong. let's go to nicole petallides on the floor of the new york stock exchange -- [laughter] >> well said. well said, and you often see knee-jerk reactions. and sometimes they're on the mark and sometimes not. in this case today, as you noted, the fbi said that they'd given the clear to hillary clinton pertaining to these e-mails. no evidence for a criminal charge of any sort at this time, and we see the markets surge. right now, as you noted, the dow is at session highs. in fact, all 30 dow stocks higher. the dow's up 342 points -- wow, everybody loves that for their 401(k)s and iras. the s&p 500 is now seeing its biggest gain in eight months and also snapping that losing streak of nine days that we hadn't seen since 1980. so that's also a welcome bit of relief. we're also keeping a keen eye on

the nasdaq and that, too, is surging. we're seeing some of the technology and health care stocks doing well. that is up about 2.5%. gold, interestingly enough, which rallied last week, that's a safe haven. as the markets went down, gold went up. but not today. taking breather. into the more risky assets of the equity market. right now gold is down $25 and taking some of those gold stocks down along with it. and the vix, which really is a gauge for how people are feeling, and we've seen it surging recently. however, today you can see a big move to the downside, down 18% right now. in fact, down the most in seven weeks. so there you have it. and the pace sew, which moved -- peso, which moved higher, people with hillary, that's the correlation, the highest levels we have seen, two week high there against the u.s. dollar. so those are some the market moves. there's no doubt9 the market is watching politics and the foreign markets, neil, have also been coming our way as well.

neil: thank you, nicole. a lot of you might be confused, why is the market reacting this way? it's just about the known versus the unknown. hillary clinton is a known quality, her policies. wall street just, that's the known quantity. donald trump, it's a crap shoot, the trade policies and everything else, they just don't know. it's not a disparaging comment on him or an encouraging comment for her. these guys are just selfish and greedy and looking out for themselves. [laughter] by the way, they're charlie gasparino's best friends -- >> sources. neil: -- i will leave it at that. he's going to be joining us along with ab a.b. stoddard, bue put out this clear scoreboard of ourself. ralph, is in the decision desk? very busy folk. they work in conjunction with our brain room. imagine the pressure there. [laughter] i digress. right now what we can show you is according to this latest

electoral scorecard, hillary clinton is still over the 270 that she needs, but now 274. so it's tightened a little bit here. and where the changes have come, arizona and iowa which went from toss-up to leaning republican. and in utah which went from -- that's a leading republican. nevada is a crap shoot. that was a toss-up now leaning democratic. north carolina leaning democratic to a toss-up. are you keeping score here? suffice it to say she slid about 9-10 electoral votes from the last reading. not dramatic, but it could show you how volatile this is. again, to real clear politics associate editor a.b. stoddard, charlie gasparino, charles payne. a.b., what do you make of these kind of shifting sands? >> well, she has a lead, but it's thin, and it's thin in the wrong places. new hampshire just popped out of nowhere. it was safe and now it's not. he looks like he can take it. i think he's going to win iowa, i think he's going to win ohio.

they're obviously, you know, nervous about michigan. so there's just these last minute quakes -- neil: could he win michigan? i mean, that would be a leap. >> last thursday there was a panic on the democratic side. labor was sending out bodies trying to -- there's no senator or governor's race there, so it's real sort of easy to keep people home -- neil: right. >> it's really hard to rile them up and get them motivated for hillary clinton. so they're going to have to make some investment of time there to hold it. i'm not sure that he could win it, but we don't know. but the democrats definitely agreed, internally their polls showed some soft ping, and they started to worry. papp, they're ending the campaign there -- pennsylvania, they're ending the campaign there. and i guess nevada is out of trump's reach now. as i said, thin leads everywhere, thin enough to worry about last minute surprises. and remember, his votes -- he has fewer voters than hillary

clinton, but they're much more motivated. hers are apathetic and depressed. and so it's hard to count on them showing up on tuesday. neil: but, you know, to your point, charlie gasparino, she could get those uninshired voters to the -- uninspired voters to the polls. i don't know how you go about -- if you just drag them from their home -- >> i'll give you purely anecdotal evidence, you know, i talk to democrats too, you know? you should always do that, talk to democrats and republicans. and be what they're telling me is that the get out the vote effort in florida focused on newly transplanted people from puerto rico who would normally lead democratic. and the hillary were so aggressive that they were showing up at the airports. now, that's the difference, that's called ground game, and that's something that i think will add a couple of points to hillary clinton no matter which way you put it. and be by the way, to win an

electoral landslide, she needs to win by one vote in florida, in nevada, in pennsylvania, in north carolina, and then it's a landslide, electorally. let me make one other point -- neil: we've had plenty of those, kennedy/nixon, close popular vote, but he won by a substantial margin. >> and i just want to put the markets in context. the markets are up 350 points right now, do we have -- 338, okay. since the minute comey said was restarting the negotiation lost 3w5 7 until friday, right? -- 357, right? they've made up almost all of that. it's not that donald trump is going to lose, what this is saying is take the comey indictment out of the equation. remember, the markets are not necessarily saying donald's going to lose. they're saying we don't have to put that in our equation anymore. neil: why did they react favorably to these arguments? >> donald trump's got a two

minute argument, it immediately shows a sign of wall street, then you see a picture of soros, janet yellen, the new york stock exchange, the federal reserve seal, nafta, tpp, the mexican flag, even robots made by abb which is a swiss company. why is wall street afraid? that commercial right there tells you why they're afraid. they don't want these trade deals upset. oh, by the way, i forgot. lloyd blankfein is also in the commercial, goldman sachs. and, listen, main street hates wall street. in fact, main street hates big business. the only thing they hate more is congress. so it's a brilliant ad in that respect. but if you're asking specifically why would wall street be afraid, look at the first minute of that commercial. neil: interesting. one of the things that's come up is wall street loves divided government, the white house under one party's control, congress under another party's. the clinton years bring that to light after '94. and that's kind of what they see going on here.

what do you think of that? >> i think long term a paralyzed government is going to continue to erode our economy. we're not going to get back to growth until we start moving again. we need a ninth justice, and we need to pass budgets, we need to pass tax reform -- neil: celebrating not getting anything done, even if it's the stuff you don't want to get done -- yeah. >> the government has shown in the last 15, 10 years that it doesnology. and i think that really is -- does nothing. >> absolutely. and it's so short term. if you look what happened during bill clinton's last six years, he and a republican -- it wasn't gridlock. they passed -- they lowered the capital gains taxes, did welfare reform -- well, he obviously moved to the right, or center, center-right, and he had a right-wing congress, but things got done, and the markets flourished. i think gridlock like we've had the last come years was not good for this -- couple years was not good for the economy. only because the fed printed astronomical amounts of money --

neil: and at the time we had an internet boom. >> now, but you're right, back then, we had nothing in the last eight years other than janet yemen printing money, which she can't do forever. so this thing is going to pop, and then you need economic growth. with gridlock, you generally cannot -- neil: go ahead. >> i was going to say i agree with a.b. and charlie, but, you know, think about what happened with ronald reagan. a combination of ronald reagan and volcker. we took a lot of pain initially. neil: so much so he looked like a one-termer. >> exactly. now, the political wherewithal to take that kind of pain when the overarching message, a generally populist message, is the tough part about it. i think we're going to have to take the pain first before we can ignite the economy, secondly, and i don't know if there's political will for that. >> but remember, tip o'neill and ronald reagan got along famously. neil: they did. >> tip o'neill helped pass

reagan's tax cuts. neil: well, he was facing revolt from southern democrats. >> he was. but think about it, that's a democratic congress working with a republican -- neil: no, you're right. >> we ain't going to get that. i'm telling you -- neil: okay, so, a.b., i want the pick your brain. as returns come in tomorrow night, for someone who follows this stuff very well, what will ten you off early on? >> well, you want to look into the early states, north carolina, florida's at eight. my goodness, if we saw georgia too close to call, that would be a disaster. stuff like that. i mean, anything too close to call in early blue states that can either create a path for trump or totally shut it down -- neil: you might get an early realize. >> we might. neil: okay. guys, thank you very much. there are a number of very big referendum issues happening across the country, but no more so than a dramatic development in nevada right now that most of

us didn'tg, but steve wynn did. it's the way this sort of gun protection measure to try to prevent too many guns from getting out there is written there that would fool you. didn't fool steve. something in it that he says everybody has to pay attention to. casino mogul one on one in an exclusive on fox business, after this. ♪ ♪

are you on medicare? do you have the coverage you need? open enrollment ends december 7th. so now's the time to get on a path that could be right for you... with plans including aarp medicarecomplete insured through unitedhealthcare. call today or go online to enroll. these medicare advantage plans can combine your hospital and doctor coverage with prescription drug coverage, and extra benefits all in one complete plan for a low monthly premium, or in some areas

no plan premium at all. other benefits can include: $0 co-pays for an annual physical and most immunizations, routine vision and hearing coverage, and you'll pay the plan's lowest prescription price, whether it's your co-pay or the pharmacy price. or pay zero dollars for a 90-day supply of tier 1 and tier 2 drugs, with home delivery. don't wait, call unitedhealthcare or go online to enroll in aarp medicarecomplete. ♪ ♪ neil: all right. we're getting news, this is coming from politico, that house gop leaders are planning a conference call on wednesday, presumably wednesday morning to sort of go over the race, what happened. it comes at a time when many republicans are worried they could lose the senate, and they could lose a number of seats in the house, though not so much to

compromise control of the body that it would take 30 democratic wins to do that. that, again, doesn't look likely, but anything can happen. they are scheduling this conference call, i do want to bounce that off congressman john radcliffe, republican on the house judiciary committee. when do you make of this conference -- what do you make of this conference call, congressman? is this a usual event or what? >> it is. we've actually discussed that well in advance. i guess it's just being announced publicly. but there are a number of conference calls post-election that were scheduled. the the texas delegation has one scheduled as well and has been for quite some time. neil: there had been this concern that the senate could be or maybe even the house, do you fear that? >> not at all. i have conversations with a lot of the members in these very close races, and the numbers look very good for us. we may lose some seats in the

house, we will likely lose some seats in the senate as well, but i'm optimistic that we can certainly control the house, and i'm optimistic that, hopefully, we'll control the senate as well. neil: congressman, what do you think of this switcheroo on the part of director comey about the reprobe into the clinton e-mails? i guess, never mind. he was both an october surprise and a november surprise. same guy. what do you make of that? >> i wasn't surprised at all, neil. once the fbi director and the attorney general implied and added an element of intent to the statutes that didn't exist -- that being the intent to harm the united states -- it became an impossible standard to meet, it became an impossible case to prove. if 110 classified e-mails to that effect wouldn't allow you to prosecute the case, it didn't matter how many more they found out of the 650,000 they just inspected. neil: so you think in the course of eight or nine days it is possible to discern through

600,000 plus e-mails if that's the case that none of them are pertinent to classified or national security matters, which i guess was the conclusion that he reached? >> that wasn't the conclusion. he just said his conclusions hadn't changed. so remember -- neil: he would have had to have gone over them, right? to confirm that? >> absolutely. and, you know, i don't know the methods by which they supposedly reviewed them. but my point, neil, is this: it's possible he found hundreds of more classified e-mails on that device. but if 110 didn't persuade him to -- neil: oh, i see what you're saying. >> 110 more wouldn't either because they've applied an impossible standard to meet here, one of intent to harm the united states. i don't care if they find 50 more devices, which is possible that they will, you're not going to be able to meet that standard. and that really goes to the issue of who's at the top of the decision tree here. and one of the concerns i have with respect to loretta lynch, i

think once she met with bill clinton privately, she forfeited the right to make any prosecutorial decisions regarding any of the clinton investigations. neil: all right. we'll watch it closely. congressman, thank you very much. >> thanks for having me, neil. neil: all right, we've got a tight race are here, so tight that a lot of people are saying is it possible given these numbers that someone could win the popular vote, someone else the electoral vote? well, let's see how that would go down, after this. ♪ ♪ whether it's bringing cutting-edge wifi to 35,000 fans... or keeping a hotel's guests connected. businesses count on communication, and communication counts on centurylink.

when a moment turns romantic, why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis a get medical help right away. ask your doctor about cialis and a $200 savings card.

neil: all right. the scene right now in ann arbor, michigan, as clinton supporters wait to hear from probably one of hillary clinton's more powerful surrogates, the president of the united states. it's always been an advantage for team clinton that besides rack obama and michelle obama and, of course, bill clinton -- to say nothing of entertainers and basketball players, i mean, she's got a big 'em.

that's something that -- a big edge. that's something that donald trump has. it's amazing the crowds he gets without having any of that. and this is kind of amazing, tmz is reporting that hillary clinton has apparently pugged the plug on that -- pulls the plug on the fireworks display near the jacob javits center where she is hoping to have a victory rally. but the fireworks, well, she pulled the plug on that. i don't know, whether it comes to fireworks, whether you prepay for that, and if you cancel, i mean, you have to put it off another time? we'll look into it for you, because that's just what we do. all right, the daily caller's chris bedford is here with us crunching a lot of numbers. normally, when i see something like that, chris, they have canceled the fireworks, they don't want to tempt fate, but what do you make of that? >> oh, it's terrible publicity when it got leaked that she had the display out. for months they've been saying they had this election completely wrapped up. it was a done deal.

there's no chance she's not winning. and i think they've actually kind of depressed their own vote a little bit. people weren't enthusiastic in the first place, you have to bring out katie perry at a rally, and her firewall is fragmenting. the polls are closing, north carolina could go to donald trump now, and it's very possible she could actually lose tomorrow, and that big party she's planning would be kind of a sad event if you've ever been to some of these -- neil: how likely is that? she has a lot of money, you mentioned the surrogates and bring out a lot of folks, force them to the polls if need be, but certainly provide the ride, something donald trump doesn't enjoy for the time being, although his supporters are generally considered more passionate. how does that go in close states? because the trump people always come back to me, chris, and say we believe these polls underrepresent9 us. and i heard the same argument from, you know, the mitt romney people four years ago. what do you make of this? >> well, it's kind of a tale of two different headlines. if you see all these famous people going around in michigan

and representing hillary clinton, some people say, hey, she's got a lot of friends, this is great. and other people say why are you campaigning in michigan? shouldn't you have that completely on lock, hillary? it shows they're in danger, and these folks are better surrogates for her than she is because she -- neil: whatever works. >> yeah. neil: i know a lot of republicans say that and all. bottom line, whether they're the ones doing it, she's filling these, you know, venues. and now the question is how many of them will go out and vote. but what's your gut tell you? >> so i'm not buying the rnc's line that they have a get out the vote operation. they really don't. hillary's got a much better one. and they're definitely pushing -- the polls, like we said, about 40% of people have aly ted. so a lot of -- neil: that's remarkable, you know? 40%, to say nothing in florida where it's over half. so it makes a moot point of the back and forth, for example, on the e-mail probe, right? be on, then off and now it's

gone, and now here we are within 24 hours, how do you think all that's going to play out for the remaining voters who still have have not voted? >> we know that we reported last week one of the trending topics on google was how do i change my early vote? hint, you don't. so that plays poorly for the republicans. it plays poorly for donald trump. as we saw mitt romney actually lost certain states that he won on election day because of all the early votes to come in and the very strong democratic get out the vote campaign. i'm getting text messages from volunteers a couple times a day asking me to come in and phone bank for hillary, for trump, and that game is going to possibly push hillary clinton over the edge, and all donald trump can rely on is enthusiasm that he has. his followers are absolutely fervent. and we'll see what happens on wednesday, if america's donald trump's land or hillary clinton's. neil: that's assuming, as you said at the outset, that all of it was early votes or a good majority going to hillary clinton.

i know the traditional argument is that early voting benefits democrats, but i don't know. be i don't know -- >> it hasn't as much this time. more republicans are voting in florida than democrats. actually, the democrats just edged out the gom in number of vote -- gop in number of votes in florida, but it depends who they're voting for. neil: very good point. chris bedford, daily caller. that is something i do want to pursue, this idea that if you're a democrat and a democratic ballot goes out, have you automatically voted democrat? if you're republican, same issue applies. we've looked into this issue a little bit. there are more democrats than republicans in this country, yet we've had democrats lose a lot of elections in this country even with those advantages. turns out that more often than not democrats will not be bindingly given to their ticket. republicans, it's hard to break them of that. that's what the trump people hope. we'll see if it turns out that way.

more after this. there's a lot of places you never want to see "$7.95." [ beep ] but you'll be glad to see it here. fidelity -- where smarter investors will always be. if only the signs were as obvious when you trade. fidelity's active trader pro can help you find smarter entry and exit points and can help protect your potential profits. fidelity -- where smarter investors will always be. that's why this control enthusiast rents from national. where i can skip the counter... ...and choose any car in the aisle. on average, four out of every five rentals at national is a free upgrade. getting a full-size and paying for a mid-size? ♪ whoa, oh, whoa, whoa, lovin' every minute of it... ♪ as the boys from loverboy so eloquently noted... i'm lovin' every minute of it. go national. go like a pro.

now that fedex has helped us we could focus on bigger issues, like our passive aggressive environment. we're not passive aggressive. hey, hey, hey, there are no bad suggestions here... no matter how lame they are. well said, ann. i've always admired how you just say what's in your head, . . .

>> you know my poll numbers are going through the roof. you know why? i believe that a big part of it is obamacare because we are going to repeal it and replace it. we will be terminating obamacare and we will be replacing it with so many different options that you'll have great health care at a fraction, a fraction of the cost. neil: well you may agree with

donald trump or disagree with donald trump but poll numbers began improving long before we saw the probe of hillary clinton's emails and, of course, to say it was over so comey an october surprise and a november surprise. a lot of the turnaround for trump really has to go back to news that we were getting that the affordable care act not looking so affordable and a lot of folks are going double digits, 24% on average in a lot of the key states donald trump is visiting, often times a hundred percent or more. how it's moving the needle, you know, peter, last time you and i chatted, i thought that was a big factor and i appreciated that we were looking at the emails when lo and behold it might be something like health care. >> it began with obamacare and

the beauty from a trump strategy campaign is all the premium hikes are in the swing states urgently needed in the election. arizona is over 10%. pennsylvania, 53% and north carolina 40%. look, he's going s election and the reason why he's going to win it is because all of the blue states are in play and if you go to a place like michigan which is ground zero in the trade issue, you see the people of that state understanding that every bad trade deal that we've gotten into over the last 23 years, nafta, china, south korea, clintons had their hand in it. 2012 hillary clinton deal promised new jobs, we wound up losing a hundred thousand jobs. 85% of the damage that hillary clinton did with the south korean deal, where was it? auto and auto parts. neil: you don't think it's a

waste of time that -- really? okay. >> bernie sanders, quote, upset hillary clinton. neil: she was up 20 points in the polls and then ends up losing that state. that was then and this is now. the argument now is that the wind is at her box, fox trend polls show her leading nationally, 4 percentage points and that could change. in these states it's really a battle. can you see one situation where one person win it is popular vote and losing the electoral vote? >> absolutely. particularly if large voter turnouts in states like new york and california where it's heavily democrat. neil: that would be a case where -- >> yeah. neil: hillary clinton protesting the results. >> but this obamacare thing is huge. people call me all of the time. you know, it take money out of consumers' pockets which really encouragings them not to vote for the democrat because obviously they're responsible for this law. but it also raises costs for employer, if you're raising

costs for employers and taking money out of pockets of consumers so they can't go into the businesses where others work, you are going to see decline in employment and so this is something that really reaches, it's much more impactful than the emails and comey. neil: but i think it's safe to say your base, carlos, jr., they're going to eat no matter what? >> well, we certainly hope so. carl, jr. and hardy's keep coming. neil: young males. they just don't need to vote all of the time. from a hardy's to a voting booth. >> we still want them to go both ways. >> those are the people not getting good jobs and not good wages. neil: they don't vote. >> they have to pay obamacare penalty. neil: i understand. not across the board. i don't want to indictment, they are not reliable when it comes to voting.

how do you make them vote? that's what donald trump is trying to do. >> they usually are democratic. neil: not this crowd. angry white men. usually white men who resent what's going on and don't like what's going on but they don't make the next move to try to change what's going on, do they worry you? >> not in this election. what worries me in this election is turnout. as long as the trump people get to the polls, we are going to be just fine. you know, the other big thing in this election is the change, change message, drain the swamp resinating -- neil: who came up with that? >> i don't know, steve or donald trump himself, but it's a beautiful metaphor, ben carson had a nice the other day where drain the swamp of the democratic creatures. neil: you don't want to add too many words. >> yeah, one thing after another in terms of corruption scandals,

the depth of how the washington game is really rigged. the trade deals, the trade deals are all about the donors that have been given to the clintons, sending our factories and jobs there instead of having them -- neil: we are looking at hillary clinton speaking at pennsylvania where it's tight, surprisingly tight. that hasn't resinated yet. it might. do you worry any that -- we are going to go to mrs. clinton shortly as well as trump while surrogates speak for the economic cause. the fact they are spending so much time democrats in pennsylvania, tells you all you need to know. >> in pennsylvania, president obama is in michigan and could be in other states. their polls are showing it. neil: when you see a 3-point gap in pennsylvania and i know the polls all over the map, the trend is it's tightening, that

would be a big deal if he takes pennsylvania. >> absolutely. there really isn't a path for hillary clinton if donald trump takes pennsylvania so we take pennsylvania -- neil: you're assuming he takes florida as well. >> if he takes pennsylvania he's probably going to take florida. that would be a trend that would be absolutely in the right direction. >> if you look at pennsylvania it's all about messaging, if you look at the western part of the state it's all about trade has killed it, if you look the northeast part it's trade plus the oil and natural gas and then you go down to philadelphia where the black vote, donald trump is going to have historic numbers of black voters because the black voters have been going voting democratic every four years and their life has been getting worse and not better. neil: you heard that offsetting more presumably hispanic support. >> not in pennsylvania. neil: okay. >> hispanics are all for clinton, people who have been here for a while, latinos, they have been getting hammered just

as the black vote by illegal immigration because every illegal that comes across the border takes a job, drives down the -- neil: when you heard in florida that there was such heavy ris panic voting, were you worried about that? >> i was there when the cuban revolution happen, i can assure you that a lot of cubans are voting and they're voting republican. >> particularly given what president obama did with cuba. people are interested in florida in voting for donald trump and that does come out as part of hispanic. this is a changed election. i read an article that said, look, you want to change, this is the election, this is a guy who can lead and i'm real confident in what the results for tomorrow are, i'm really excited about it. neil: we will know tomorrow night. thank you very much. i was telling these fine gentlemen hillary clinton is speaking, barack obama is speaking right now, talk about a powerful surrogate, but both democratic strongholds you would not think in the final hours of the campaign would be necessary. let's dip into hillary clinton

in pennsylvania where she leads by all of 2-point b 8 points. you're thinking this is deliberate, don't you? it is not. [laughter] neil: i do find it kind of funny. that could be a sign of what's coming here. i think she's back, we are going to listen to this. she could go at any second. >> that all of us meet, we turn on each other and pick one group of americans over another. now, our names will be on the ballot tomorrow but those values and things you care about will be there, what kind of country do we want and i particularly think about this -- neil: i apologize for that, peter and andy had screwed up our feed to hillary clinton. i'm going to talk to them. [laughter] neil: accidental folks, please, don't start e-mailing me.

we hope to correct it here but we will have the hillary clinton spokesperson argue on her economic platform and why they say these guys here are all wrong. fox business continues after ths the pursuit of healthier. it begins from the second we're born.

because, healthier doesn't happen all by itself. it needs to be earned every day. using wellness to keep away illness. and believing a single life can be made better by millions of others. as a health services and innovation company optum powers modern healthcare by connecting every part of it. so while the world keeps searching for healthier we're here to make healthier happen. seconds can mean the difference between life and death. for partners in health, time is life. we have 18,000 people around the world. the microsoft cloud helps our entire staff stay connected and work together in real time to help those that need it. the ability to collaborate changes how we work. what we do together changes how we live.

nicole: biggest move we have seen in eight months to the major averages. dow up 337 points. gain of 11.9%. s&p up 2%. nasdaq up more than 2% and this as the vix that fear gauge is selling off. we are seeing that down right now at 16% to the downside. a little fear off the table. health care and technology among the leading groups. health care known to be a name that really correlates with hillary clinton. this rally being somewhat attributed to the fact that we are not finding at least for now that the fbi investigation leads to anything criminal for hillary. in the meantime you are seeing in healthcare stocks moving to the upside and we are looking at the tech stocks as well. the ten-year treasury as stocks

soar. 1.83% [accountant] my job is to manage and grow businesses.

and i've never seen a rocket 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. yeah, i'm proud of you. you actually did some of the things i asked you to do the other day (laughs). [owner] ha, ha, ha. [accountant] i've been ae to say, okay... ...here's the challenges you're going to have. and we can get it confirmed through our quickbooks. and what steps are we going to use to beat these obstacles before they really become a problem. [announcer] get 30 days free at quickbooks.com neil: all right, you are looking live right now, hillary clinton in pittsburgh, pennsylvania, the fact that the democratic ticket and democratic surrogates are pouring so much time effort and energy into the keystone state, probably tells you all you need to know about how unusual this election year is and how it is that so many democrats are trying to nail down what were once considered safe democratic states, connell in philadelphia

with the latest on how team clinton hopes to make sure they have pennsylvania, connell. connell: it goes in line with the other state that is are reliably blue whether michigan and wisconsin but certainly the electoral votes remain a target. now, mr. trump will also be in pennsylvania by this evening as 5:30 eastern event that's scheduled, he tries to pick up more support there. as you look at the polling in the state we know that it's been tightening up. real clear politics clinton lead is now give or take 2 and a half points. remember a few weeks ago it was around double digits. what does the clinton campaign do? they will make appearance in pennsylvania, political stars, katie running for senate and tonight are stars and entertainment. that's been the strategy for the clinton campaign, katie perry,

j.lo, james taylor, lebron james out in cleveland. tonight they cap off this election with this half rally, half outdoor concert. behind me stage has been set where president obama and mrs. obama will be along with president and mrs. clinton and chelsea clinton. they're all going to be here tonight and if that weren't enough, if you look at my right they are setting up another stage here and that's where the music will happen. again, the big stars tonight a couple of guys from new jersey making the trip over to pennsylvania, jon bonjovi and springsteen. neil: connell, thank you very much. there's a later reason for that. robert gray with the latest from there, robert. >> hi, niel, the state in play

right now, 9 electoral votes at stake. take a look at the real clear politics polls, clinton leading with 43.3% and donald trump with 40.4%. very close. niel, i talked to scores of people, they already most voted but still only about 50% of the entire state has voted, so lots of ballot yet to come.rly votin. democrats took an early lead. the biggest voting block are unaffiliated independent voters. they will decide the biggest group and they have voted the fewest ballots in so far according to state officials. al gore will be in town. donald trump hags been here, bernie sanders was here as well for secretary clinton, so clearly breaking out all of the stops here. one of the big ballot initiatives in colorado, colorado will establish

first-state sponsored healthcare system. basically take a look at the details here. it would be funded by a 10% basic income tax, payroll taxes or any other income basically interest, dividends, et cetera, employers will be on the hook for two-thirds as far as payroll tax goes, no deductibles or payments, created with a wafer for obamacare subsidies. what's interesting is if you look at the numbers from the university of colorado, basically the no vote outpacing the yes, vote by 10 percentage points there and in fact, most of the folks i have spoken with including registered democrats say they aren't opposed to the system they just don't like the way this ballot proposal has it set up. back to you. neil: thank you very much. there are a number of ballots in colorado that they are watching. one in nevada that's caught the attention of no less than steve, you might not be aware of it, trust me, it could be coming to a state near you including to

your state, what rattles the casino mogul on an issue that might surprise you? back after this ♪

approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five, but now is a good time to get the ball rolling. keep in mind, medicare only covers about eighty percent of part b medical costs. the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. like all standardized medicare supplement insurance plans, they could help pay some of what medicare doesn't, saving you in out-of-pocket medical costs. you've learned that taking informed steps along the way really makes a difference later.

that's what it means to go long™. call now and request this free decision guide. it's full of information on medicare and the range of aarp medicare supplement plans to choose from based on your needs and budget. all plans like these let you choose any doctor or hospital that accepts medicare patients, and there are no network restrictions. unitedhealthcare insurance company has over thirty years experience and the commitment to roll along with you, keeping you on course. so call now and discover how an aarp medicare supplement plan could go long™ for you. these are the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. plus, nine out of ten plan members surveyed say they would recommend their plan to a friend. remember, medicare doesn't cover everything. the rest is up to you.

call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ neil: all right, it's really a battle for the battleground states, really about five or six that are for grab that is could explain why the candidates are zeroing in on those. a lot were safe democratic wins that don't like safe anymore. in the case of north carolina, a purple state that is either going blue or red depending on the state. blake berman with the latest push for votes, blake. blake: hi, there, raleigh, north carolina, donald trump expected to be here a couple of hours from now. this would be the fifth stop in the state over the last 12 days. the polling averages show within a percentage or two which ever

way you look at it. one of the things we heard from donald trump in the past is him pounding the wikileaks document dumps and we have more wikileaks overnight that brings yet into question once again, questions about the clinton foundation, whether it was being used for personal gain along with media bias. let's start with the former. e-mail from january 2012 from doug, top aide to former president bill clinton to clinton team, band had questions about whether chelsea's husband was using the foundation for his own gain. here is the e-mail, quote, mark has invited several potential investors and a few current business ones to the poker night. i assume are all contributing to the foundation which, of course, isn't the point. what is the point is that he is doing precisely what he accused me of doing the entire -- doing as the entire plan of his has been to use this for his business which he is.

questions there from doug band on that. in the meantime as far as potential issues of media bias, once again cnn coming to the forefront as top researcher coordinator had e-mail staff on a couple of occasions focusing on donald trump and ted cruz and questions, here was one e-mail dated april 2016 earlier this year, title was trump questions for cnn and dylan writes, wolf is interviewing trump on tuesday, please send me thoughts by 10:30 a.m. tomorrow and then a few days after that, she wrote another e-mail to her staff with the title, cruz on cnn and said, quote, cnn is looking for questions. please send some topical/interesting ones, maybe a couple on fiorina, someone please send them over by 3:00 p.m., thank you. trump has been talking a lot, niel, about wikileaks, we will see if that's part of his message on the final day. he's expected to be here a

couple hours from now in north carolina. niel, back to you. neil: the fact that he's there and in a traditionally state democratic, is he getting internal traction or does people tell you that? blake: the argument that the republicans are trying to make -- we've got -- they've got, not we, they have early voting here in the state of north carolina, so we've got the figures all the way up until saturday and the argument that the republicans are trying to make is this, they say even though democrats have submitted 300,000 ballots more than republicans, they say they are actually ahead of the margins that mitt romney had at this very same point in 2012. it is a lot to overcome tomorrow on voting day but they say, niel, that they are in a better position right now than mitt romney was four years ago. on the flip, the democrats, they just put out a memo, hillary clinton's team saying here in

north carolina what they view positively is that african americans, they say the numbers have shown a huge push here in the last couple of days, niel. neil: we will know for sure tomorrow. blake, thank you very much. we will know this for sure. steve wind is next and he's angry. he will explain after this whether it's connecting one of the world's most innovative campuses. or bringing wifi to 65,000 fans. businesses count on communication, and communication counts on centurylink. ♪ gaviscon is a proven heartburn remedy that gives you fast-acting, long-lasting relief. it immediately neutralizes acid and only gaviscon helps keep acid down for hours. for fast-acting, long-lasting relief, try doctor-recommended gaviscon.

. .

. . you want. no enrollment window. no waiting to apply. that means now may be a great time to shop for an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. medicare doesn't cover everything. and like all standardized medicare supplement insurance plans, these help cover some of what medicare doesn't pay. so don't wait. call now to request your free decision guide. it could help you find the aarp medicare supplement plan that works for you. these types of plans have no networks, so you get to choose any doctor who accepts medicare patients. rates are competitive, and they're the only plans of their kind endorsed by aarp. remember - these plans let you apply all year round. so call today. because now's the perfect time to learn more. go long.

neil: all right, i want to show you what's going on right now in wall street. the dow highs in the day, 350 points so essentially wiping out whatever ground it lost when james comey, the fbi director said that he was going to be looking at hillary clinton's emails again. that was about 9 to 10 days ago but all the selling that started after that has now been reversed with all the gains just today. why is that? anyone's guess. the certainty of hillary clinton is one reason, whether you like her or not, they know what they are getting. with donald trump they don't. that's one conventional argument but one thing about steve wind is he's not a conventional guy.

the wynn resort and ceo and casino mogul. very glad to have you back, welcome. >> good morning, niel. neil: first of all on the market reaction and the reason given for it, do you buy that? the market is -- knows her or don't like trump? >> i think you have made the point and i think it's the one that matters. the markets don't like uncertainty and the issue is that big almost of uncertainty seems to have been minimized at this point and i think that's what the traders are showing us really i think that's the story. neil: last time when we were in vegas you made the argument that no matter who wins there's going to be all heap of problems facing that winter and a world of hurt, not the least of which is interest rates going up, issues that we put off that we have to deal with but you didn't seem to express that either candidate would be able to address or would even want to

address some of those problems, you still feel that way? >> look, we have taken 3 trillion, we spent 7 trillion, that 600 billion-dollar deficit is 50 billion a month that has to be financed by the treasury and it's done by increasing the money supply and that is most certainly affecting and deteriorating the value of paycheck and living standard of every american. that's going to continue and accelerate unless something is done and a tax increase on rich people, right now 70% of the income tax is paid by 5% of the people. income tax rates we all know but you don't hear discussed. the normal income tax rate is also a business tax on all the small businesses in america, virtually 80% of them pay taxes under sub chapter s corporations which means they don't get double taxation or as partnerships.

so a lot of these people are paying these small businesses are paying ordinary income tax rates on 4, 5, 6, $8 million and money is tied in inventory and accounts receivable yet they pay normal tax rates. so really, you know, we become a sound-bite world. everything is 140 characters like twitter and it's very dangerous to the electorate having a clear understanding of the issues that are before them. we had a situation that -- that caused me to -- yesterday to react. two of my executives came to see me in the hotel. they knew that -- mike bloomberg is a friend of mine and i had given $50,000 in support money to a referendum issue on our ballot in nevada tomorrow that says that nevada will have background checks that conform to the federal law on sales of

guns even if they're done privately. now, on the surface of that, you know, the antigun people or gun background people seem to have background, we don't want criminals and insane people getting pistols and guns. well, you know, at first blush, that makes perfect sense to me and to others and so -- and that's the way it's been presented to the public. well, when these two men came to see me yesterday and they're substantial executives in my company and they asked me about it. it means that if you make a private sale you have to do the same thing you do at a gun shop, you have to fill out the form, i forgot the number, it begins with a 9, but the alcohol, tabasco and firearms division of the treasury and it's an affidavit that you have to sign under penalty of law and there are certain conditions in order to own a handgun that you have

to meet. they're listed in the brady bill or in the federal law that now applies, will apply to everybody if it passes and it says that these -- these conditions are listed alphabetically, abc, so on and so forth. in order to answer the question to my colleagues, i punched up the affidavit and the questions on the computer and the questions b and c and one called e are fascinating because they never been discussed. b and c say that you have to sign this now under penalty of law, that you are not now under indictment or information, that is to say accused of a crime that a judge could award more than one year in prison. now, what that -- that doesn't really spell out insane people

per se. it also includes anybody who would be indicted or accused but not convicted. remember, we are innocent until proven guilty in this country if you failed to file a tax return, if you had done any white-collar crime. neil: only if you're accused of that, right? only if you're accused. >> that's b and c. they describe this as the -- as a disqualifier if you're accused. not convicted of any one -- any felony for a year or more. as i say, that would include failing to file a tax return but the most fascinating question of all is e. itare you a user or possession of any marijuana stimulant or a federally-controlled substance

is and it turns out it includes testosterone, if you sign affidavit and you say i don't have it, then you've also committed a felony or a misdemeanor by not telling the truth and you're ineligible to hold a weapon. that means that even though they may legalize marijuana in california as they have or colorado as they have or maybe nevada tomorrow, that in spite of the local law if you're possessing marijuana you're disqualified from owning a weapon. neil: so what if you already have a weapon? if you already have -- >> a constitutional right and at the same time you're violating the federal law. imagine this, any federal officer or law enforcement agency state or federal can come

and ask you, are you holding marijuana or testerone without a permission, you either tell the truth which you either self-incriminated or self-indict yourself for intent and purposes or you lie or commit misdemeanor. i realized that as usual our laws are fussy, inappropriate, for me, and i told this to my colleagues, that if you're dealing, if you're going to interfere with a federally constitutional right like the right to bear arms than any restriction on it and i think certain restrictions are appropriate, some are in the law, if you committed to a mental institution which is part of the public record, fair enough. if you've committed a violent crime and you're a real serious

felony, not a white collar crime, i think no one would argue with that. but that's not what the law says and that's what we are dealing with so often. neil: so let me ask you -- can i ask you this. >> sure. neil: are you saying then that if you take the testerone or small element of pot in the past that prevents you from owning a gun or this legislation would say you can't buy a gun but what about existing gun owners in nevada, would they also -- would they also see these new rules grandfathered or apply today them as well and if they do surrender their guns? >> but the point is this, that if you've got testerone without a prescription, you have to

either lie when you ask the question or you tell the truth and in either case you are now a second-class citizen and you're constitutional right under the second amendment is gone. that to me, it doesn't meet the test that the former supreme court would have agreed is beyond the limits of the regulatory agency. so when we talk about these things what we are learning, niel, there's no substitute, god lives in details. neil: absolutely. >> if people don't read things, the people that are trying to sell us questions on a referendum, even a good friend of mine like mike bloomberg, you still need to take responsibility for reading things, knowing what they say and in this particular case i don't think anyone does know the extent of the overreach that would allow. now the justice department says we don't -- as a matter of policy, we don't intend to

prosecute people that are holding marijuana in a legal jurisdiction, but now we are talking about as a matter of policy, that means arbitrary things that can change from season to season, the government has the right to stop to transfer the weapon which would allow you to hold it and incidentally under the new law that would apply, that's been confirmed in nevada, if this referendum issue passes, if i were a single fellow or i was in the service and i had a gun in my home and i wanted to leave it in the possession of my girlfriend, my fiancee or my brother, not my brother but fiancee then i would be guilty of an unlawful transaction. not the receiver, but the person who failed -- you have to go to a gun shop if you want to transfer it to a friend, you have to go to a gun shop and fill out this federal affidavit

and sign your name under penalty of law. neil: have you talked to michael bloomberg about this? hey, hey. >> no, you know, i haven't talked to mike about it. i'm going to new york tomorrow and i'm going to give him a buzz. by this time, this would have been decided. as mart a guy he is, and i think he was a great mayor and would make a great president, but that doesn't mean that we are always right even if we are right-thinking people and i think that on the face of it, this law and the regulations applying to gun control are now and gun registration on sales include things that overstep any constitutional protections that people should have. neil: i think we can just going with this if we can.

steve, let me get your thoughts, then, people don't think about this when referendums come up, whoa, whoa, wait a minute, but i mean, if this were acted out, for example, this gun legislation just in nevada and similar measures in at least three other states, people could be voting for something that sounds good, the headlines sound good but what you have to do to comply is not so good. how widespread do you think this stuff is are referendum issue that come up? >> niel, it's in the federal law already. the brady bill. if you remember when the president -- the attempt of assassination in port brady was critically injured: it all came in the brady bill and was done at a time of emotion without a great deal of thought and as a result we are living with the federal law that is arbitrary and capricious in some respect specially with regard to this whole business of marijuana.

the federal law trumps the state law when it comes to control substance and marijuana is listed prominently as a controlled substance. so i'm not sure whether i think the public is in danger if someone smokes pot. i'm not in favor of massive legalize marijuana personally, but that's my personal thing. but the question -- the point again is if you're asked a question, are you in possession or user and you lie and you sign the affidavit you're in trouble. if you tell the truth, you're disqualified. to me -- neil: i didn't know about that one. >> if someone gave you gels that get passed around, that makes you unqualified as an american to process a firearm or to buy one and to me, to me, niel, that's an example of the results

of a sound bite 140 characters society and if i do anything i'm going to campaign against that. neil: you're going to to be lek -- electricuted. a lot is at stake here. do you think either candidate could move the needle enough to make things better? >> there's one word that could cause the needle to work, respect. when you have respect and you look at the facts of any given situation whether it's policy in syria or iraq or whether it's our budget and our massive deficit and impact on people, i have to ask this question, niel, two intelligent people

regardless of ideologies, if they sit down with respect for each other, how far apart could they be? really, how far apart could you be if you respected the other side? on the other hand, if you're using rhetoric, if you're using rhetoric to exaggerate, destart ideological differences you're using language as a weapon to retain power, to get elected, to have control, you're not really using language as a way of communicating commonality and i believe that most of the major issues that face society today sort of suggest their own course of action and that certainly applies to the use of american military power or the kind of fiscal responsibility we should have in the way we handle our

economy and government spending. neil: who do you support? who do you support? >> i support the candidate for senate in the state of nevada, doctor and general joe heck who is an superior candidate based on my 449 years here in the state of nevada. i'm a little confused about the presidential election and as i mentioned to you before, i didn't support either candidate financially. i know both people and i do like hillary and bill clinton and i've known and liked donald trump for over 30 years. my problem with the campaign is that i don't think the -- the dialogue has brought the best in them. neil: but the fact that you would support republican candidate that would tip a

democratic seat for the outgoing harry reid. would that apply if you had to split the difference between donald trump and hillary clinton, you would go for donald trump, you prefer certainly his tax policies more than hers? >> well, if you think you understand everybody's tax policy, then when we get through this interview you can call me up and explain it. neil: the reason why i mentioned that he wants to cut taxes, some people raise too far and does that strike to the core of their tax policies that either you like or dislike one or the other? >> i will tell you what it strikes to, it strikes to the core of political rhetoric that does not explain implications of either one. you raise all the taxes you're crimping the small businesses that pay taxes as chapter s corporations, partnerships, if you lower taxes without explaining how you're going to pay for it you're going

to accelerate the deficit. my point is you've just highlighted the issue, neither one of these conversations has given body to the problem and its solution, but when it comes to joe heck, congressman who is running for senate, the three-term congressman, i'm a registered democrat, but i have voted for republicans, i've supported democrats, i've certainly supported republicans and so i take the races one at a time, individually individual and try to figure out who is the best for the job n. the presidential race it's been challenging. in the senate race i strongly favor joe heck for the reasons that -- that if you just look at his record it's the story. neil: his story mimics a lot of donald trump's. i'm trying to pin you down. are you going to leave the presidential part not filled out?

>> i'm going to -- i'm going to flip a coin tomorrow. [laughter] >> you know, i guess my biggest concern niel is this, if there is a -- paul ryan is going to be the speaker of the house no matter what. the senate is jump ball. if hillary is president, she will pick supreme court judges that are very, very liberal. now, here is what happens and this is the truth of it. when there's a sort of a legislative gridlock, then the executive branch as you have seen for the past seven and a half years resorts to taking dynamic action in the form of executive action and all the agencies, irs, epa, the nlrb, all those agencies, 465 agencies, two million 650,000 federal civilian employees, they all tend to expand their power. they issue regulation, several hundred a week for the past eight areas, thousands and

thousands of new regulations. okay, now what happens is if you're the victim, if you're an institution or a business or an individual who thinks that a regulation has been misapplied unfairly, you resort to the courts. now the courts turn over the federal courts about 20% in every four years. i'm talking about district court judges, appellates and occasionally the supreme court. so what really is at issue in this election is the nature and the objectivity and the fairness of judiciary. now, that may lead one to take one side or another, but i think what's really at stake here. i don't believe that donald trump or hillary clinton will behave significantly differently in questions in the mideast at the moment. but do i think that with regard to obamacare, the single most ridiculous piece of legislation, it's destroying the paychecks of

my employees and it was designed so that the big, big misery would come after this election. now, we have begun to realize how bad the affordable care act is. i know that hillary clinton thinks it needs to be fixed. she said it to me personally. i know that donald trump knows that it's no good but this piece of junk, this affordable, unaffordable care act was passed with violating the senate rules, really, and it needs to be fixed desperately because america is going to rise up and real revolt when they figure it out. neil: i think you're voting for donald trump. that's what i surmised. you're not going to tell me but that's where i think you're leaning. a real pleasure. thank you for taking the time for your crazy schedule. >> always a pleasure, niel. neil: wynn resorts, we are

calling this as we see it a big rally, an attempt to snap the longest losing streak since 1980. remember what happened last year? a fellow named ronald reagan impacted the world

neil: you're not saying that if she's elected this week hillary clinton, that she is president of the united states, the commander in chief would not get security clearance or should not get? >> i think -- i don't think she should at all. i think she should have a very difficult time, someone who is extremely careless with the director's own words with hundreds of thousands of classified emails, a secretary of state who said she didn't know what c meant on documents. neil: all right, well, that's how the attorney general in the state of florida sees it. that all the stuff that's gone on with hillary clinton is reason enough for the fbi not to trust her with anymore confidential information period

even if she were elected the president of the united states. of course, that's a lot easier said than done. what do you think, tom? >> i don't know how that will work. there's a conundrum here that she violated the laws of national security, shouldn't be trusted with the security clearance but she's president of the united states, she has to have access to all the information that any other commander in chief would have and that's a problem, but more appropriately she may have staff in the white house with her where the attorney generals concern might really apply and practically speaking might be implementing, cheryl mills, huma abedin f they come into her into the white house, i don't see why anyone would stand for allowing them to have national security clearance given their involvement in the mishandling of classified information and subsequent cover-up. neil: you know, tom, i cannot imagine, let's say hillary

clinton wins tomorrow, polls are tight, if she wins even with the fbi kind of exonerating her for the moment, i can't see this cloud ever going away, it will always be there, nothing of investigations or groups like yours trying to get to the bottom of who knew what and when and who talk today whom and why, that would be constant, wouldn't it? >> oh, yeah. we were just in court today, niel, and the government is telling us, the obama administration is telling us, well the emails that mrs. clinton deleted but the fbi found, they are going to turn those over in 2017, then we find out today 31,000 documents or pages of document that is they have to go through. they wanted five years to go through those. that's not going to be the case. that material will be coming to us and then we have discovery that has to be resolved and questions we are fighting with mrs. clinton about whether she

answered or not. this issue is not going away no matter who is elected president and a compromise fbi, justice department investigation, all it does it confirms through special prosecutor. neil: a lot of the clinton folks who i have chat have mitigated but they have no potential of getting or bubbling up into the other body because the other body is run by her party. you heard that probably mentioned before. what do you think of that? >> independent counsels before under bill clinton and i don't think it was contingent on who controlled congress and frankly judicial watch is going to be this type of work, other separate investigators are going to be doing it outside of congress as well. if i'm hillary clinton i'm not afraid of congress either, but the courts are now looking at these issues and information is going to come out irrespective of what congress does and that

information is going to contribute to the public pressure to get criminal investigations implemented or ongoing that are independent and apart from her attorney general. neil: real quickly, first chance i had to chat with you since reversal or whatever we call comey's november surprise unlike his first october surprise, what do you think? >> it's absurd. it's obviously a gift to mrs. clinton. he didn't like the blowback he got. the idea -- forget about whether or not they could look at all the emails, but the new legal implications as a result of finding the emails where they supposedly did could not have been fairly considered in the amount of time comey considered it. again, all it does it ensures that any serious decision independent will be done by a special counsel or prosecutor during a clinton or trump presidency. neil: all right, amazing. tom, thank you very much. >> you're welcome. neil: all right in the meantime

all the stars that are lining up for hillary clinton at an event in the world of sports, entertainment, the president of the united states, the first lady, the vice president, that type of surrogate base, wholly cow. but what have i told you it can tick up more than it can grab in? i will explain it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do? drive three-quarters of a car? now if you had liberty mutual new car replacement™, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement™, we'll replace the full value of your car. liberty stands with you™. liberty mutual insurance.

. .

neil: remember when donna brazile said she was being persecuted, ridiculous thought at that at the time she was leaking questions to cnn? now owning up to it. turning it to her advantage in radio interview. only regret right now she got caught. my conscience as an activist, strategist is very clear. that if i had to do it all over again i would know a hell a lot more about seibert security. and that one thing folks need to understand, cnnn, msnbc, when you hire folk you are as you say, their responsibility is to their candidate and their party. the host saying that. brazile essentially agrees that she is an activist. she is a strategist. that is weird. that is very weird. to trump surrogate and a democratic strategist and independent women votes president, heather higgin? what do you think of all that?

she is pretty much owning up to this, looking at it in fairly heroic terms? >> one shouldn't be surprised. there is always a lot of rationalization and self-justification into behavior like hers. she has to live with her. you have to assume she felt she was doing was right thing to do. she from the get-go is blaming somebody else if it's a problem. she is doing that still. she is trying to put herself in heroic light for doing something pretty despicable. neil: christie, democratic strategist here, that is pretty weird, don't you think? >> i don't know. look, in my day job, neil, i'm a public relations consultant for a lot of advocacy organizations who care about national debates and before we have something like a national debate, there is always a lot of conversation about, can we possibly get them to ask a question about this or that? this happens on both sides. i'm sure you're not too shocked to know.

not surprising donna brazile, not a journalist, not above the law in this way would use the connections that she has to you know, see if she could get -- neil: she denied it at first. said she was persecuted. she has gone from being persecuted to owning it which might be progress. katrina, i'm looking at all that wondering, what does this say about her thinking? furthermore, that the media isn't really bashing her over this one? >> i think it is absolutely ironic. here she is. she is not being fair. yet she first declined that she released the emails, sorry the questions, and now she is admitting to it. yet, nobody penalizes her for this. if donald trump had been given questions before the debate we would never hear the end of this. that is where the media has inbeen fair from the beginning. we're seeing this again now. neil: when you look at all of this, heather, help me again with it, she had obviously, that is, donna brazile, a sympathetic

host, a liberal progressive host, who just kind of explained, you know what you're getting when you hire a pundit or someone with clear allegiances, normally when you do hire a pundit they make those allegiances known. we have right-leaning ones, left-leaning ones. quite another matter to take the relationship you have with a news entity or leak or forward questions that have nothing to do with your own that come from the news division and get them over to the candidate you want to see win. that is where the slope gets not only slippery, or wacky, right? >> it does. it is not only bad for cnn, it is a really a black eye for the dnc remember the dnc in removing debbie wasserman schultz and promising to do a clean sweep so that democrats of all persuasions would have a fair shake for their respective candidates, sanders and clinton. remember her leaks were against sanders. they hired somebody who the insiders knew was a clinton

partisan, while telling their democratic base that in fact they had hired somebody who was going to be neutral and fair. that is going to create real problems not just for the credibility of the media, this goes to trump's larger point about how it is all incestuous and all rigged, but it goes to the larger question that they're going to have about credibility going forward. neil: of course that cnn ends up terminating her a couple weeks ago you but the damage was already done and outcry really isn't much of an outcry. if this were fox we would be dead, we would be electrocuted by now. i guess looking at that, does that worry you here? you mentioned both sides have done this, i don't know about that. i will say here that, are you saying that pundits shouldn't be hired by either network there is always this fear that they will do stuff like this? or is donna brazile a special case? >> she is not a special case. i would say if we're going to you know make enemies of cnn, i

would have a much bigger problem with the fact that they hired cory lewandoski while still on donald trump's payroll. his allegiances -- neil: what you're advocating no one should of course watch cnn? >> yes, that is what i'm advocating for while i'm on fox business that is exactly what i'm advocating for. neil: i am sorry i ran out of time. incredible these two share your shock and awe in the response. shock and awe with the you dow going up 350 points. more than wiping out whatever ground was lost when the fbi reopened probe into hillary clinton emails. is that why this is going on, after this.

>> live from the floor of new york stock exchange, i'm lori rothman with fox news business brief. hillary clinton news came sunday so you have a textbook relief rally underway hire on wall street. holding up strong, best gains in eight months. look at dow up 350 points, nearly 2%. look at some of the technology stocks that are among leading gained,. similar story for cisco,

technology and ibm. and industry leading gainers at this hour,to dow, jpmorgan. announcing a 10.8% stake in a fast casual chain. goldman sachs up nearly 3%. american, express, travelers also up nicely today. have a look at oil this is risk-on day as you know. oil is climbing up 32 cents or 3/4 of 1%, approaching 50 bucks, $45 a barrel.

neil: do you buy that, the markets like her, know her and don't like trump? >> the markets don't like uncertainty. the big issue big element of uncertainty seems to be minimized at this point. i think that's what traders are showing us. neil: all right. charlie gasparino on that. steve wynn commenting on markets that seem to be going through relief, hillary will win rally. there is a lot more to it than that. what do you think, charlie? >> there is some of that. the other thing, look at what happened a couple weeks ago and what is happening now. a couple weeks ago we clearly, since james comey announced that he was reopening the investigation, into hillary clinton's controversial email server, markets declined, when we say markets, talking about the dow jones industrial average, big company stocks,

declined about 357 points. look what happened today, when he is saying that reopening is now closed. it is up about 350 points. so, basically took out the uncertainty of a hillary clinton indictment out of the markets. i don't necessarily think the markets are saying hillary will win, other than you don't have to worry about that one thing. there is other issues now to look at in terms of who is going to win and who is going to lose, not potential that she committed a crime. that that is at least what markets are saying. we all know donald trump's path to victory is very narrow and one of the states i think is important mr. wynne's home state of nevada. if he could somehow flip that, that would go a long way in helping him cobble together 370 elock tomorrow votes or enough electoral votes to basically win this thing but it looks very difficult do because bottom line is, is that the nevada has a heavy hispanic population.

they basically are coming out to vote. neil: yeah. right now in the latest polls, average of them has her up anywhere four to five points. >> i said 370. i meant 270. neil: i know what you mean. you're a genius. you don't have to explain. one of the things he says, working hard to get this republican congressman get elected to harry reid's senate seat. that could be a way to checkmate elsewhere where republicans could lose seats. that is one they were expected to keep in the democratic column. what do you make of that? it is tight as a tick right now. >> it is very tight. joe heck is a smart guy. masto, the democrat is harry reid's hand-picked successor. she has a machine. she doesn't have half the experience mr. heck does in terms of what he has done. mr. heck is doctor who served in the gulf wars. so i mean this is a guy pretty sharp. people thought he had a chance. he looks like he is, you know when it is that close you have

to give the advantage to the, party in power person because she has the, the harry reid machine behind her. he has been, by the way, looks like he almost lost his seat a couple times where he pulled out last-minute victories. that organization matters. neil: six years ago he darn near did lose. if republicans get that seat, they can maybe get 52, keep the senate by a couple. i think most rosy optimistic thing i've been hearing, 51. that they're praying for 51, keep the house, keep the house and keep the senate and major check on hillary clinton's very liberal policies, more liberal than even president obama's if you believe her rhetoric. there you go. neil: good catching up with you buddy. see you tomorrow night. we have a big night tomorrow. charlie gasparino is providing free drinks to everyone which is nice thing to do. latest fox electoral scorecard, some surprises in there, and i mean big surprises after this.

♪ hey gary, what'd you got here? this bad boy is a mobile trading desk so that i can take my trading platform wherever i go. you know that thinkorswim seamlessly syncs across all your devices, right? oh, so my custom studies will go with me? anywhere you want to go! the market's hot! sync your platform on any device with thinkorswim. only at td ameritrade

approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five, but now is a good time to get the ball rolling. keep in mind, medicare only covers about eighty percent of part b medical costs. the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. like all standardized medicare supplement insurance plans, they could help pay some of what medicare doesn't, saving you in out-of-pocket medical costs. you've learned that taking informed steps along the way really makes a difference later. that's what it means to go long™.

call now and request this free decision guide. it's full of information on medicare and the range of aarp medicare supplement plans to choose from based on your needs and budget. all plans like these let you choose any doctor or hospital that accepts medicare patients, and there are no network restrictions. unitedhealthcare insurance company has over thirty years experience and the commitment to roll along with you, keeping you on course. so call now and discover how an aarp medicare supplement plan could go long™ for you. these are the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. plus, nine out of ten plan members surveyed say they would recommend their plan to a friend. remember, medicare doesn't cover everything. the rest is up to you. call now, request your free decision guide

and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ neil: all right. this electoral map still has latest according to scorecard hillary clinton winning this thing by 273 electoral votes. that has gone down a bit. tight as a tick nationally as you've seen. andy greene representing hillary clinton side, center for american progress. andy, your sense this race is as tight as, not only ours but various pollsters show it, that many battleground states are still in play? >> i think we all have to get out, make sure everybody gets out to vote. economy is doing a lot bert. i think with the stock market rally today that is a real sign things are going better for american people. folks will look out tomorrow hey, we'll vote for change,

we'll vote for real progress. i think hillary clinton will do very, very well. neil: you know, wall street movements are crazy as ever, but on the right and left i should say you about the one argument i heard for this rally is that, hillary clinton is someone we know. donald trump is more of a wildcard we don't. i've heard from trump enthusiasts telling me a little while ago, yeah, but they're going to like his tax cuts a lot more. they will like the fact that he will do a lot more for economy than she is. you say what to do that? >> i think hillary clinton rally that fundamental underlying aspects of the economy are doing well. we created jobs. 168,000 months. 178 over course of this year. real wage growth. 2.8% wage growth this month. 5.2% median wage growth of middle class. neil: it's a late development but has been a subpar recovery. you would notice even that. it is long way from where we

are, that is a fair argument, but americans calling about on the future of this subject, they're very worried, democrats and republicans because it has been such a lackluster recovery, what do you say? >> from bernie sanders to donald trump and everyone in this race, 2016 has tapped into real concerns about the economy and future for the middle class. i think it is very clear that the candidate that has real plan to raise wage, investing in infrastructure, talking on trade prosecution companies that want to move jobs overseas, what not, all those things are candidate, secretary clinton. i'm quite optimistic about her plans to get this country moving forward even further. neil: andy, were you originally bernie sanders supporter? i only ask you, some of them have been wincing at some of the revelations for wikileaks where clinton folks didn't think too highly of bernie sanders or his supporters. they don't like donald trump so now they're sticking with hillary.

they're not a happen bunch, are you? >> look i've been a hillary clinton supporter from day one and i think that the bernie folks look out there and see a candidate who is taking up the message of bernie sanders, making sure we have college affordability. we have tuition-free college and no one emerges with debt so burdensome they can't handle. making sure to invest in the future and child care. neil: do you think you can do that all that with hike being taxes on well to do? there aren't a whole lot of them. >> pretty clear donald trump's plan blow as hole in the debt with $6 trillion of tax cuts. neil: you think all of that spending hillary clinton can do hike being taxes on the rich? >> we have nearly 3% borrowing rates right now. there is a lot we can do, that will be revenue positive. productivity. neil: i understand you think all the pain, increase in it can be borne by the rich? >> you know, we see the corporate income tax right now, the lowest ref you knew-producing in its history.

it is down to 10%. used to be nearly 30% of federal revenues, you know, several deck aides ago. i think there is a lot more that can be done to reduce income inequality and make sure middle class doing better. neil: andy, thank you very much. appreciate your time. sinter for american progress. that is up to you to decide tomorrow. does that argument make sense? do the trump's supporters argument make sense? we report once you decide. yeah, so mom's got this cold.

hashtag "stuffy nose." hashtag "no sleep." i got it. hashtag "mouthbreather." yep. we've got a mouthbreather. well, just put on a breathe right strip and ... sleep. shut your mouth and say goodnight mouthbreathers. breathe right.

neil: hard to believe that it all, it all comes tomorrow, the big vote tomorrow. we'll be with you here. first of all, lou dobbs at 7 p.m. kicking off some of the early poll closings and, of course, at 8 p.m. only of the big ones -- some of the big ones. even new hampshire, a state that suddenly is very much in play. up to 9 p.m. when you get texas, arizona, colorado, wisconsin, michigan. a lot of people say, oh, we might have this all figured out early. i don't know about that. i do know this, that there are a lot of surprises every four

years, there always are. that's the way we play it, we were live throughout this weekend, we are going to be like the guests who won't leave. [laughter] we will stay. in your house, rad your refrigerator and then order pay-per-view. [laughter] we're not going away. trish: ain't that the truth, thank you so much, neil. we've got the candidates in a last minute battleground blitz and a new fox news poll shows this race is anyone's game. the electoral map still looks favorable to donald trump, though hillary clinton is in the lead by four points. all of this as we watch a major stock market rally. take a look there. dow jones industrial average up 353 points. investors breathing a sigh of relief that james comey not moving forward with a potential problem there. i'm trish regan, welcome, everyone, to "the intelligence