basis over next several months. liz: sean matthews, cantor fitzgerald. we didn't see dow 20,000. guess what, a record for the dow. sixth in a row. not just my birthday. but my bff melissa francis's birthday. messa: not telling anyone about that, liz? >> well you can't keep a good dow down. another record day for the blue-chips. s&p 500 and nasdaq breaking their record streaks to end lower for the day but it was good for the dow. hi, everybody, i'm david asman. happy monday. melissa: i'm melissa francis. happy monday. this is what else we have for you at this hour. another busy day at trump tower. meeting big names on both sides of the aisle to fill cabinet positions. we'll take you live to trump tower for the latest. donald trump is taking aim at the most expensive weapons program in american history, picking a fight with another u.s. company. trump blasting the cia report

linking russian involvement in the election. we'll speak with a former operative who questioned the cia's sources on this. david? david: very interesting. back to the markets. the dow closing at a brand new record high. call it paul krugman high, how about that? 15th since the election. we're about 200 points away from dow 20-k. johnson & johnson, pfizer, walmart among today's biggest boehners. oil driving ahead as well. phil flynn watching action in oil and gold from the cme. we have lori rothman at the nyse. phil first. what is driving oil up, phil? >> boy, what is it, history, that opec-non-opec accord. a lot of people said they couldn't get it done. they did it over weekend. prices are up higher when they actually closed. they were up 2 1/2%. on the market sunday night it was up 5%. it pulled back quite a bit.

one of the reasons it pulled back a lot of hedge funds pot long on rumor the deal was going to get done and took profits ahead of the fed announcement that will come out tomorrow. they wanted to get out of there whe the getting was good. still have -- very impressive gold. gold is higher today. i know it could go up again. it is up today. i think that is short-covering ahead of this big fed decision this week. when we you saw what happened in the yields and bonds and everything that really caused some of those shorts to cover a little bit, collect some profit. don't mistake about it, we're very bullish on oil. this move i think is opening up a new era. opec and non-opec countries are going to matter again. i think they will comply and very close to it. and i think the world changed and changed this weekend. david: i think it changed in november. thank you very much. loriing rothman on the floor of

the nyse. you have a details on big media deal, explain. >> media deal is going kaput. sumner redstone privately held national amusements and pulling plug on cbs-viacom merger. back in 2005 they originally split. viacom shares tanked on news. cbs came off the lows when reported by "new york post" that verizon communications may be interested in picking up cbs. viacom will officially appoint ceo bock bak ish as president and chief executive officer. he was there in interim basis. i want to move around because there is a lot of storied stocks. alexion shares were down 13%. chief executive officer and chief financial officer resigning one month after it was being investigated by allegations related to sales practices of one of its key ugs. that was a way underperformer if you will today. back to you.

david: look at stock chart. lori, thank you. stocks having trouble gaining traction today. could the fed's likely rate hikes on wednesday be a serious roadblock on the way to dow 20,000? joaning me jonathan hoenig, capitalist pig hedge fund, fox news contributor, james freeman of "the wall street journal" jonathan is the fed holding up stocks right now? >> david, who knows. this time more than any, who knows what effect this fed rate hike will have. this is bull market. bull markets there are no tops. even today, another 700 new 52-week highs and handful of new 52 week lows. there is no reason for the fed rate hike to interfere. after a decade of massive intervention bip the federal reserve this time anyone's guess about wednesday. david: there is unraveling going on as a result of trump election. james, 10-year treasury rate going way up, i think it hit 2.52%. a lot of people wondering if

this is the end of the bond rally we've been hearing about for years and years, whether everybody is interested in stocks or inflation. what do you think is driving rates up? >> i think it is reasonable to expect rates to continue to rise back to a normal level. we have had as you been discusses weird era of monetary adventurism, the fed i hope pulls back, steps back from the role. a lot of unwinding to go. power of tax reform and promise of regulatory reform and higher growth and higher corporate profits is obviously top of mind the last few weeks since the election. melissa: president-elect trump narrowing his sites on wasteful government spending slamming lockheed martin's expensive f-35 program. >> i think things -- look at f-35 program, with the money, hundreds of billions of dollars and it is out of control. and people making these deals for the government they should never be allowed to go to work

for these companies. you though they make a deal like that, and thin a year later, two years later or three years later you see them working for the big companies that made the deal. melissa: just in case you think that was off-the-cuff mark he didn't mean it, he was tweeting earlier the f-35 programs and costs out of control. billions of dollars. can and will be saved on military and other purchases after january 20th. jonathan hoenig you find this terrifying? how come? this is your money, my friend! >> because the president wakes up and kind of gets an inkling and sends a tweet and send a multibillion-dollar company's stock careening. lockheed martin was down 13% in face of new all-time highs for the dow. this ultimate insiderrism. president-elect wants to attack wasteful spend something one thing but to do it in slipshod way and tweeting on this, commenting on that, that has effect on real economy, he seems out to lunch on this one. melissa: out to lunch.

>> separating economy from the real economy. melissa: james freeman he is being a steward of taxpayer dollar, padding your bill and overcharging, have these great government contracts forever you maybe check yourself before you wreck your sell? >> by one estimate this thing costs more than 40,000-dollars an hour to fly. it obviously is being delivered a lot later than peoplologynally peoplologynally -- originally expected. what is the right price for these things? i don't know. melissa: i don't know. less? >> absolutely appropriate for president to demand best deal he could get selling to the government. david: couldn't agree more. silicon valley making a journey to the trump tower. tim cook of apple and jeff bezos of amazon meeting for roundtable at president-elect. maybe just as important who is not going. as of now facebook ceo mark zuckerberg and tesla ceo elon muck. yet to accept the invitation, james.

is this an intentional snub? >> if it is i think it's really foolish. and what, what the valley ought to be thinking about, i think maybe along with their differences they ought to talk about all the benefits they're going to get from the trump tax reforms. tim cook of apple obviously not a fan of the president's elect. support is his opponent. yet $200 billion of cash apple s overseas would be a lot easier bringing it home under the trump plan. david: jonathan, one thing elon musk is not going to get or is less likely to get another part of that gravy train he has been in on in terms of government subsidies for so many years. clearly, if trump will take on the pentagon you know he will take on solar energy, right? >> that would be tremendous. that would be tremendous to see all the subsidies go. to see the market respond postively as a result. but you know these tech companies, elon musk and tesla, these great tech companies,

amazon, apple, these have not succeeded because of favors or help or handouts from the government. they succeeded because government stayed away from their businesses. goldman sachs is up 30% since trump's win. apple is flat. think these companies would like to see trump say we'll stay the heck away from your companies and let you continue to innovate and succeed. david: jonathan, james, good to see you. melissa: that was fun. david: it was. melissa: another unprecedented move by donald trump, yet another. why the president-elect says he is skipping daily intelligence briefings received by presidents the past 70 years. david: the trump transition team holding key meetings with big names on both sides of the aisle. we'll take you live to trump tower with very latest for who is being considered for the remaining cabinet positions. >> exxonmobil ceo rex tillerson emerging as top pick for secretary of state. why there is a bipartisan battle brewing over his ability to serve as our nation's top diplomat. >> tillerson knows the world. he hasn't been sitting around in

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melissa: shares of boeing dipping after-hours. the company announcing plans to cut production of its triplein august of next year. the boeing says the cut in production will have modest impact on results for the year. -- 777. it will impact employment next year. that is not good. david: we're kicking off another busy week at trump tower, carly fiorina, rick santorum and democratic senator joe manchin stopping by for meetings with president-elect today. john roberts is on the scene with the very latest. busy today there, john. reporter: david, good afternoon to you. always a busy day at trump

tower. we'll give you latest definite. donald trump has top economic advisor, gary cohn, veteran of goldman sachs, named chief of national economic council today. this is the third time in the last four administrations somebody from goldman sack is the top economic advisor. robert rubin for president clinton. steve friedman for george bush and gary cohn for incoming president donald trump. speculation what lies ahead. we had this on pretty good authority that in the next couple days donald trump will be naming rex tillerson as his chief diplomat. he is the president and ceo of exxonmobil. he will be taking over we understand as secretary of state. few people outside of government sources tell us recommended tiller man to donald trump. couple people who used to be in government recommended him. those people happened to be robert gates, former chief of defense and condi rice, former secretary of state. tillerson is close friend of former secretary of state james baker. what does donald trump like

about him? that he is a deal maker and made very complicated deals in very difficult places to work around the world. here is what donald trump said about tillerson to chris wallace on "fox news sunday." >> he is much more than a business executive. he is a world class player. to the great advantage he knows many of the players and knows them well. he does massive deals in russia. he does massive deal for the company, not for himself but for the company. reporter: possibly playing against tillerson, not necessarily will derail his confirmation but could create headwinds on capitol hill is his close relationship with russian president vladmir putin. they want to know how deep the ties go particularly the cia says that russian hackers were trying as hard as they could to get trump elected. carly fiorina, a real foe of donald trump's during the primary campaign. remember what donald trump said about her in that

"rolling stone" magazine. quote, he said, look at that face. would anyone vote for that. can you imagine that, the face of our next president? well, she responded over the course of next couple months calling him a serial fill land derer, he does not represent me or my party and quote horrified about the prospect of him becoming president. listen to how things change after a meeting with donald trump when carly fiorina came back down that golden elevator. here is what she told us. >> first i have to say he has really cool stuff in his office. all these athletes have given him this incredible memorabilia. i was particularly taken by shaq o'neill's shoe which is huge. i guess it take as champion to know a champion. reporter: a lot of cool stuff in his office, she said. she also said that she was honored to meet with the president-elect. couple of other people who gone through trump tower today, west virginia senator joe manchin. he is a top contender for energy.

cathy mcmorris rodgers, highest ranking woman in congress potentially up for interior secretary, a former commander of seal team 6:00, ryan zeintke could be up for interior and veterans affairs. david: great to have a seal in the administration. john, thank you very much. melissa. melissa: tony sayegh, and julie roginsky, former political advisor to senator frank lautenberg. brad blakeman, former assistant to president george w. bush. ii want to jump to the tillerson thing. brad, i want to get to you. people don't understand when you're in the oil business you have to do deals with people all around the world. you can't get hosed by them. you can't get played by people in russia. you have to be strong and have to get business done. i'm not sure, they're not friends. they have been on both sides of a deal and come away, you know, doing business again another day. we don't want that?

>> yeah we want that and here's why. we have an american businessman, one of the largest corporations in the world, playing for america. he is an american corporation. he is not only a businessman but he is a diplomat. you have to be a diplomat to work in 50 countries on six continents. the perfect marriage of state department if it is tillerson he will be secretary of state. guess what, john bolton will be coo he will be running foggy bottom. somebody knows that place better than anybody. melissa: julie i sense you're outraged, i can feel it, i'm anticipating it. >> it is there, my friend. melissa: so democrats are just going to get upset about almost everything. >> no. melissa: is this the one you want to spend it on? >> i do. well there is a few. but this one offends me on personal level. melissa: how come. >> first and foremost, vladmir putin invaded crimea which belonged to ukraine, right. melissa: granted. >> we in turn put sanctions on him as a result. the europeans did as well. rex tillerson said those

sanctions should be annulled, those sanctions are not good because they're not good for exxonmobil. here is the bottom line, they're good for america. >> how do you know he will take the same position as secretary of state no longer in interest the exxonmobil? >> i don't care. bottom line if you have positions you believe in, that you think something is good for exxonmobil -- melissa: he representing shareholders there. now -- >> that is wrong. there are certain moral policies. if you want to represent shareholders great, but that disqualifies you from turning around saying we'll reimpose the sanctions. donald trump also didn't think the sanctions were best in the world. no good. come on. melissa: is julie falling into the trap, maybe rex tillerson is the one out there to distract everyone and we'll take him down and really going to put mitt romney in. >> oh, god. >> to your point, it has not been announced. melissa: yeah. >> this is something sourced but not confirmed. to julie's point as ceo you don't get to pick and choose how you treat your shareholders to do right by them. you have a fiduciary responsibility, you can go to

jail. hold on, your point is if you've been in the private sector in publicly-traded company you can not be in government. >> that is not what i'm saying. >> essentially suggesting if you have done certain things that benefit your shareholders might go against policy of the country you're violating law. melissa: is this decoy, you think he is serious about rex tillerson? >> what do you think about julie's point? >> julie has a point but the point is brought to moot. here is reason why, he had a representative business interest. melissa: right. >> he wasn't a government official. as a matter of fact, he had no policy that would affect his personal opinion as to sanctions on russia. the good news is, he has a personal relationship with one of our greatest adversaries. that is a positive thing but he will be fighting for us. melissa: give julie the last word. she is overflowing. >> let me go step back here. what is good for exxonmobil is still good for rex tillerson's bottom line because he bets tremendous amount of shares. they take away sanctions of the

exxonmobil is able to go to shale and drill there. rex tillerson becomes billionaire many times over. >> donald trump sets policy. >> he does? donald trump -- melissa: all right. all right. very, i love it. drive, over to you. david: i hate to break that up but we do have breaking news. a month after the election donald trump remains the winner of wisconsin. according to the associated press. this following a stateaway recount that showed few changes in the vote totals despite all the rhetoric about how these things might change. donald trump wins wisconsin. breaking news on the election, melissa. melissa: all right, the war not at this little table but on christmas. american civil liberties union taking aim at one small indiana town's christmas tree. why the group is claiming the holiday display violating first amendment. coming up todd starnes weighing in on this one. president-elect blasting cia over allegations that russia was working to get him elected.

new details on that report that is dividing republicans and intel agencies. >> i don't believe it. i don't know why and i think it is just, you know they talked about all sorts of things, every week it is another excuse. we had a massive landslide victory. the 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.

david: president-elect donald trump dismissing cia charge that russia interfered with the election specifically to help him get elected. >> i think it is ridiculous. it is just another excuse. i don't believe it. i think the democrats are putting it out because they suffered one of the greatest defeats in the history of politics in this country. it could be russia. i don't really think it is but who knows. i don't know either. they don't know and i don't know. david: here now, a former cia operations officer. so, first question, scott, do you think it's possible the cia is playing politics here?

>> i unfortunately think it is possible. i think that it is a possibility that the russians did hack private servers such as hillary clinton's private server with classified information and democrat party's private server, however to say that they deliberately chose trump to win i think is a stretch. they, revealed compromising information of hillary clinton, something she had no business doing. she should not have been conducting sensitive email correspondence via those servers. david: in fairness to the cia, a lot of the stories that you read about this from the post and "new york times" come from democratic sources saying they wanted trump to win. that might be the spin by democrats. these unnamed democratic sources. >> very well could be. very hard for us to say what are the contents cia report. david: but the fbi is clearly not on the same page as cia.

the fbi stood back from all reports said no, no, we're not willing to go as far as the cia when there is conflict between intel agencies who do you believe? >> in this case i would actually lean toward the fbi. david: why? >> because the, there have been some problems of politics at the cia, right at top with cia director john brennan? >> with the cia director i believe. and some of these, some of these games that the fbi disagreeing, i tend to favor the fbi. david: that is incredible, coming from a cia guy i think that is incredible. >> like i say ssians are to be watched. you have to deal with them very carefully. i dealt with them for many years. however i also believe they did not throw the election one way or the other. in this case they were not even using propraganda. they were merely, hacking perhaps, hacking in and producing true emails that revealed the failings of one candidate. david: okay. final question. if in fact the cia is playing politics on this, favoring the

democrats over the republicans, how does donald trump work with the a cia that he doesn't trust? >> well, the president-elect will be able to appoint people in leadership positions in the cia and, they will have to work at perhaps healing this rift, that could exist. however, bottom line is, if the cia is guilty of producing a politicized report, they have got to walk that back because the death knell of credibility of any intelligence service worldwide is the to start getting politics. david: scott, great to see you. thank you, scott. melissa. melissa: closing the door on some supporters. why trump supporters might have a tough time to find a place to crash during the presidential inauguration. one china policy, why the president-elect is reconsidering a relationship with taiwan so what else is new? how's your mother? umm..she's doing good. she needs more care though. she wants to stay in her house. i don't know even where to start with that. first, let's take a look at your financial plan and see what we can do. ok, so we've got... we'll listen. we'll talk. we'll plan. baird.

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melissa: the trump rally rolls on. the dow closing at a brand new high today. the 15th record since donald trump won the election. look how far we've come, up more than 1400 points since november 8th. that is a lot. now the dow just 200 points now away from 20,000. not that we're jinxing it or anything. david: didn't paul krugman say it would go down? melissa: disaster. david: president-elect reconsidering a relationship with taiwan. donald trump questioning why the u.s. should continue to support the one china policy the take a listen. >> i fully understand the one china policy but, i don't know

why we have to be bound by one china policy, unless we make a deal with china. having to do with other things, including trade. david: tony sayegh, julie roginsky and brad blakeman are back. tony, first of all, taiwan is economic powerhouse. it is miniscule, i have to be fair, compared to china which huge country. look at gdp per capita, taiwan, 22,000, china, $8,000. three times the per capita gdp, don't those people, hard-working taiwan east deserve to be dealt as individuals a separate country? >> this is legitimate question to ask. you have 1.5 billion people in china. within a decade surpassing us, largest economy in the world. we have a special relationship with taiwan. i suggest that continue without a doubt. i think what you will find from a trump administration is complete revisit how we're dealing with china. we spent eight years subordinating ourselves economically, geopolitically in the middle east and the world.

china has gotten into that vacuum and taken over. david: we didn't get much for all that. >> we have not gotten much. so you will have the idea that we can renegotiate a lot of what we need from a different and more powerful position. david: brad what is the biggest threat that china could use against us if they're unhappy with our policy? clearly they are, but everybody mentions the debt. they have a lot of u.s. debt, over a trillion dollars worth. if they sold that off, they would lose a lot of money right now. so that is not in tear favor. >> there is nothing they're going to do. usually china tests the new president. the president-elect tested china. china is not responding well. as a matter of fact very '60s response to fly a '60s era bomber over taiwan. look, there are two stepchildren of china. there is the evil one, north korea and then there is the nice one, taiwan. it's a charade. they treat each others provinces differently and they expect us to do the same thing. i think trump did exactly the

right thing by looking at our interests and china, guess what? they're not going to kill the golden goose as you correctly pointed out. david: would lose money if they sold all the treasurys. julie, this is how the white house is responding. they're not happy with what trump is doing. let's play josh earnest talking about that this week. >> some of the progress we made in our relationship with china could be undermined by this issue flaring up. david: julie, can you explain what is the progress that we made with china? >> well -- david: what progress have we made that he is talking about? >> i suspect part of the iran nuclear sanctions, considered progress china collaborated on. i'm not defender of chinese. they are resuppress sieve regime with huge human rights violations. they manipulate currency. despite, tony is right. we have a billion chinese. this is not a little country that is not unfly wednesday but they're -- david: do we have to kowtow to them?

>> but here's my question, why are we kowtowing to the russians but being aggressive towards the chinese? both are horrible, repressive regimes. both are aggressors in case much russians, they're using 1940s land grabs in ukraine and georgia and secede it to some extent. why are we kowtowing to vladmir putin. david: you i wouldn't say we're kowtowing but point again is we have gotten nowhere with the kind of diplomacies we've been employing whether with regard to russia or china during the obama administration. >> i disagree with the idea that we're kowtowing somehow to vladmir putin. i do agree a strong, russian-chinese relationship is bad for the world. it create as much more dangerous atmosphere on a whole number of fronts. for our president, our elect to come to the able now and try to redefine the paradigm which china views u.s. action and understands we have an administration now that wants to

deal from position of strength i think create as stronger ultimate bilateral chinese-american relationship. david: it's a position before the deal is made. that is what is going on here. it is so clear. >> correct. david: that is what is going on. by the way the chinese from all the free people inside that i talk with, steep forbes, anybody else who goes there, they know how to deal with donald trump. they preferred from what i told than hillary clinton because they think they can deal with him. this is dealing position. >> no question but you have to deal from strength. donald trump and team he is putting together are a team he is putting together with. if you say that is the way we've done it last 10 years that is the wrong response. david: thank you very much. melissa. melissa: president-elect donald trump defending his decision to skip the daily intelligence briefings that u.s. presidents hold every day. listen. >> these are very good people that are giving me the briefings. and i say, if something should change from this point, immediately call me, i'm available on one minute's notice. i don't have to be told, you

know, i'm like a smart person. i don't have to be told the same thing and same words every single day for the next eight years. melissa: here now, peter brookes, heritage foundation senior fellow for national security affairs and former secretary of defense deputy assistant. sir, thank you so much for joining us. so that statement was something a lot of people out there could understand, made sense to them. i'm like a smart person. i don't need to be told the same exact words day after today after day. does he? >> there will have be some adjustments, melissa. this is president-elect, he is not in office. he is just getting used to presidential daily briefs. intelligence community is coming up with something they are giving him. doesn't appear to what he exactly wants. he has to decide on his own management style. he decides he wants this every day or wants the vice president. i'm sure the national security advisor is probably getting it. there will be adjustments. we don't need to get hyper about this sort of situation.

melissa: yeah. >> so, let's let some adjustments be made with this new team transitions in. melissa: kind of a good analogy where everything is going. he pushes back, wait because this is the way it always has been done that instantly means i don't want to do it that way. instantly everyone around him faints like go totally out of their mind. they can't believe he is doing this. this seems like we'll see a lot of this. is he right to tinker with it or in this case this is all of our lives you're screwing around with. >> if i recall correctly this was issue with president obama when he came in, he didn't want the briefs. they moved to ipad format he got his briefs on. he did it when he had time to read these intelligence briefings. of course when the first crisis comes up the president will want to know what is going on. they have a lot on their plate right now. so at this stage, i'm not breathless and too concerned about this.

melissa: okay, good. a change for good in syria. senator john mccain says the day trump takes office will provide hope to the syrian people. >> pretty soon a silence will descend over aleppo and the only thing there will be around is dead bodies and carnage. i think we could turn a lot of it around the day the president is inaugurated. the same way the day in 2008 he won when ronald reagan was, was sworn in and the hostages came home from iran. >> so, peter, that was really compelling. on one hand we're talking about, oh, who is taking briefings and who is not. immediately senator mccain kind of brings the whole idea of national security home saying look, we've been watching people be murdered by the thousands and just stood by and done essentially nothing. >> yeah. melissa: all this time. that needs to turn around instantly. do you feel as passionately about it as he does? is he right? >> i think senator mccain is on to something. many of us have been

disappointed in our syria policy we fourth quarter discussed on isis which is very important. we didn't have a comprehensive syria policy. they're saying 400 to 500,000 people have perished during this civil war which lasted more than five years. it is not entirely the united states's fault but as leader of the free world i think we could have done a lot more. you and i talked about that in the past. i suggest that senator mccain and president-elect trump get together to talk about these things. only way you can really change this on day one, make some sort of a declaration how you are going to proceed. if senator mccain feels strongly about this as chairman of the senate armed services committee and sit down with the president-elect to talk about that. melissa: a lot of people say we turned a blind eye to genocide, obviously not easy to solve no matter what you think of it. peter, thank you so much. >> thank you. david: harsh conditions all over the united states. it's a winter wonderland for some but it is about to get a lot colder outside. of course there is always liquor. no, no. melissa: oh, my goodness, what has gotten into you today?

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oh, she's an efficient officiant. way to grow, jeanette. get paid twice as fast. visit quickbooks-dot-com. david: winter storm warnings have already been issued in the great lakes. a blankket of snow, a blast of polar air hitting chicago. it is caused more than 1400 flight cancellations at city's airports. jeff flock standing by in the chicago snow to tell us how else this snow is affecting airlines and energy prices. jeff? reporter: any of that liquor that is available there i would be -- david: you were listening. there you go.

reporter: just a thought. snow first, then cold. one-two punch. the snow part of the storm has moved to new england and points ice, blowing and snowing pretty good out there now. but then it will be over followed by bone-chilling cold. the mess at the airports is pretty much done too. yesterday in detroit we had a delta flight slide off the runway. there were 1200 cancellations here in chicago. today, another 95 at o'hare is the last number that i have, but that cold, if you look, it is polar vortex. that dip of cold air coming into the upper midwest, places like fargo later this week will be negative 15 or worse. minneapolis minus six, that is the forecast. green bay zero. here in chicago it is normally 35 degrees for a high in december. its as warm today, as it is going to be all week. we'll get down into the single

digits, maybe zero or mine us as well. you mentioned energy prices, natural gas you look at chart, you would think it would be up based on cold weather. but the long-range forecast is for warmer weather. short-term, you better bundle up or dripping liquor, one or the other. melissa: either one. both work. david: or both. jeff flock, thank you very much, jeff. appreciate it. melissa. melissa: grinches are suing all across the country. war on christmas continues as one man complains about a little too much holiday cheer from his neighbor. unions against christmas trees. why one small town is being forced to remove a display of the holy cross. another another. ♪ you can't predict the market. but through good times and bad... ...at t. rowe price... ...we've helped our investors stay confident for over 75 years.

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david: more breaking election news. they're dropping like flies here. the pennsylvania department of state certified the presidential election results for donald trump and mike pence. another certification, melissa. melissa: taking christ out of christmas. a small town in indiana agreeing to remove a cross from the town christmas tree after the aclu sued them for violating the first amendment. the nights down, town council responding on facebook saying quote, it is with regret and sadness that the knights down town has had cross removed from the christmas tree on the town square. we could not win the court case brought by aclu. todd starnes of fox news radio. wow. yeah? >> yet again. another attack by the aclu, groups like the freedom from religion foundation. these people are christ phobe big predators. we see this every christmas, melissa.

they target small towns like knights down. 2,000 people live there. they don't have money to fight back. if they did fight back they would inevitably win. i reached out to first liberty institute. a religious law firm. melissa: isn't there somebody would go in on their behalf? >> a lot of people don't know there are resources available. here is the what the law says. you can have a cross on a christmas tree, so long as there are other secular ornaments on the tree. melissa: along with it. >> along with it. that is the case in knightsdown. they were pretty clear. melissa: they find somebody in the town opposes it. that is how the aclu does it. what did the guy was offends, causing him -- >> irreparable harm. he had to drive by the cross on the town square and it freaked him out. so he was suing not just to have the cross removed but suing for monetary damages. what was interesting, some of his relatives actually support the cross, being on the tree and they think he is off his rocker.

>> there you can see, we're looking at video of it. what i don't understand about these things is, you know, i don't have any desire to impose my christianity, any of my beliefs on other people. i'm completely tolerant. you do all, you do me. i don't understand in this sort of scenario the, the town, why can not the town observe what they want to observe on that tree? couldn't he do another tree nearby with whatever he wanted on it? there are lots of trees with everybody's stuff on it? >> right now there are about a dozen, a little over a dozen cases where the freedom from religion foundation they're going after towns that have nativity scenes out in public. so this is nothing new. this is an effort by radical secularist, they want to wipe christianity and all public displays of christianity from the public marketplace. unfortunately many small towns don't have resources to fight back. so they give in. melissa: in the radical secularists are they against muslims? >> no that is interesting, when

it comes to the muslims, no, they stay away from those folks. when it comes to baby jesus like this on pitbull on a pork chop as they say. melissa: that is good analogy. todd, thank you so much. appreciate your time. david? ♪ david: there is another christmas story. those singing reindeer. they're not bringing cheer to everyone. a new york lawyer named nick wilder telling the "new york post" he is suing his neighbor for playing holiday music out of a loud speaker in her christmas display. now the thing is, she does this all day long. his neighbor is lisa marie falcone. she is the wife of billionaire hedge fund manager phillip falcone. according to mr. wilder miss falcone is playing music non-stop. wilder is seeking injunction to force falcone to put lid on christmas cheer. melissa: that is right.

that is about noise. sticking with the holiday theme. burger king helping israelis celebrate hanukkah with the limited edition, doughnut whopper. david: what? melissa: quarter pound patty, tomatoes, lettuce, mcmaking me hungry, mayo knees but a doughnut replaces sesame bun. jelly doughnuts are popular treat on hanukkah. they are replacing jelly with ketchup. i'm confused if you like burgerred doughnuts out there. send us a tweet. david: sugar and salt. melissa: that can be good sometimes. david: i like have one or the other. i'm not a mixer as far as that goes. coming up, equality for everybody. unless you happen to support donald trump. why some republicans might not find a warm welcome in the nation's capitol. ♪ ♪

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melissa: discriminating against trump voters, several airbnb hosts pulling their listing for donald trump supporters during the inauguration. david: certain home openers feel conflicted about trump loyalists staying at their place. one host saying she would not mind over changing trump owners as punishment for their support. 92% of the voters, in washington d.c. voted for hillary clinton. 92%. melissa: but anyone coming in to town for inauguration, in theory would like donald trump, you would think they would over change. david: they have to get used to the change.

at is going to change is washington, d.c., whether they like it or not. melissa: i think that is what it is about, he is going to drain the swamp and their funds are going to dry up. liz: latest update on president-elect trump, expected to nominate exxonmobil ceo rex tillerson for secretary of state. media again in meltdown for another be man appointed, not a governor insider. we have mike huckabee. we have lou dobbs, and mike rowe. welcome to "risk & reward," i am elizabeth macdonald in for deirdre bolton. the trump transition train continues at full speed.