real soon. cheryl: guys, great to have you both here. [closing bell rings] the bells are ringing. we'll play the confetti at the closing bell because the nasdaq, not the new york stock exchange, but the nasdaq hit a brand new record close. david asman, melissa francis, "after the bell" starts right now. david: but it was the nasdaq that had a brand new record at the close. we're still short of 20-k on the dow though. high, everybody, i'm david asman, look who is back? melissa: i'm back. i missed you. david: missed you too. melissa: i'm melissa francis. this is "after the bell." we have you covered on the big market movers. here is what else we have for you coming up this hour. israel doubling down on claims that the white house was behind the u.n. vote opposing jewish settlements. there are calls for retaliation. how will the obama administration respond? [shouting] >> oh, my god.

melissa: brawl at the mall. fights break out at malls across america. we'll look into the role social media is playing in all of this. historic visit, japanese prime minister touring a pearl harbor memorial with president obama this hour. we'll take you there when they make remarks. this is first time a sitting japanese leader formally visited the site where japan surprise attack launched america into world war ii 75 years ago. david: it is all happening in the colling hour. first back to the markets. the dow inching closer to 20,000 but losing some steam into the close. we're 52 points away. could happen any day of course. gold and oil moving higher. phil flynn watching action from the cme in chicago and nicole petallides from the floor of the new york stock exchange. nicole, you get a sense of a stall for the dow but the nasdaq notching another record high. very convincing. >> no doubt. we're watching highs and close

to highs across the board. nasdaq is one that did it. it hit the 5500 mark. we remember in 2000 when we crossed 5000. it took so long to get back to these levels. here we are today, crossed 5500. we're up half of 1%. here are some names that helped move nasdaq to the upside today, including tesla motors, netflix and nvidia. some of these names really had great, netflix in particular had a great 2015 and pulled back some. some technology names, talking about facebook and also amazon and netflix and google. they haven't had quite the 2016 that they did in 2015. but got to take what you can get from this group. they seriously are doing well. nasdaq up close to 10% this year. the dow about 15%. quickly as the dow leaders looking at apple, cisco and goldman sachs. those are winners. we're about 20 points away from dow 20,000.

it is toying and teasing with us until we actually move through. it took a month to get through dow 10,000. so those round numbers can be tough. melissa: there you go. we'll keep an eye on it. nicole, thank you so much. phil, oil getting a boost, ending up 2%. is it based on opec optimism? >> it definitely is, no doubt about it, going into the end. year. in fact we heard from a major non-opec member over the weekend, vladmir putin, the president of russia, who says get ready the production cuts are coming so the market really believes it. we had a big run-up in natural gas, a return of winter after the little warm-up getting the market excited. look at gold, back from the dead today! this is a the market that had its worst run in 12 years. it is back up, partly going into the holiday but also because of the strong housing price number, the strongest we've seen since the beginning of the financial crisis. maybe inflation is in our future and gold might look good. back to you. melissa: all right, phil, thank you. we'll see.

david: dow 20,000 certainly in sight. it has been for about a week but will we hit the mile stone before the new year? let's bring in today's market panel. veronica daguerre from the "wall street journal" and jim lowell from the advisors panel. big bow tie. i like that. nasdaq is full steam ahead but the dow seems stuck. why? >> well, i think this is a year where we have had very significant and surprise postelection rally. the dow not quite convinced maybe it needs to go all the way to 20,000 plus before we get some more facts on the ground but i bet we do it before this year does run its course. it is awfully tempting you about the temptation has to be matched in facts for it to be sustained once we break over 20,000. david: veronica, next week we get the jobs numbers. that is some indication whether people believed enough in trump is doing so they're hiring more people. could that move the market? >> this week it is such volume. we'll see volume even drop as the week goes on.

so next week's jobs numbers could be that catalyst. i think for the average investor this is exciting but not like it was dow 10,000. david: yeah. >> while we're all professional investors are waiting for this number, average investor at home were not excited as they were a couple years back when it does hit, don't freak out either way. there will be opportunities to get in. if you're in already, you're probably feeling good right now. david: some people were thinking, jim, whatever happened to tax loss harvesting. when you sell your sled before the end. year in order to balance out some of the winners during the year taxwise? >> i think we'll see a lot of that at the start of 2017. there has been a little bit of a pause this year because there are some unknowns about what trump and the new administration's tax policies are going to be like, i think people are waiting until they get a few more fact the on the ground. david: yay. >> otherwise we would have seen some significant swap loss selling.

look this market handed us a basket full of spectacular pains this year. next year i would suspect while we still see the s&p 500 maybe gain 10% by year-end you will have to be a lot more selective and a lot more focused on good active managers who know not how to buy the market but buying specific names in the marketplace in order to deliver those gains. melissa: donald trump the real hope and change? the president-elect tweeting, quote, the world was gloomy before i won. there was no hope. now the market is up nearly 10%, and spending over a trillion dollars for christmas spending exclamation point. consumer confidence hit highest level in 15 years. what you do think, veronica, are you buying it? is it the trump effect? >> there is a trump effect going on, i don't think we can doubt that but i think it is a bit of a stretch to count everything to his election. his election was exciting for a lot of people. his potential policies are very exciting for a lot of people. however if you look at earnings,

earnings were accelerating into the second half of the year. look at holiday retail sales projections those were 3 to 4% for end of the year. certainly not a trillion dollars. melissa: but it is the outlook, jim. consumer confidence, that is really a number, people think their taxes are going down next year realistically. almost everybody will see a smaller tax bill when we look at the current incarnation what we think the tax code will look like. you're sitting here, feeling better. you're spending a little bit more, no? >> no question about it. this is an economy at full employment for many people. their wages are rising. their 401(k) balances are back at record highs. their home equity values are strong. there is a lot of reason for real optimism. add to that the assumption we'll get tax breaks, more money in our pockets. for consumer driven economy, consumer confidence matters. what matters essentially what consumers do with the money. we always watch what they do, rather than how they say they're feeling. but look, dow close to 20,000.

a lot better than dow close to 5,000. market at full employment. a lot better than eight years ago when the market looked like we may not have returned to employment ever again. david: okay if there was ever a story waiting for donald trump tweet, this is it. boeing may have no problem overcharging the u.s. for air force one but, the company might being offering a big discount to iran. boeing's deal to sell more than $16 billion worth of aircraft to iran will now cost just $8 billion according to iran's deputy transport minister. jim, i can see the tweet. here we're giving half off to our enemies and we're charging the u.s. double for air force one. >> it's a fair tweet. if you give me $150 billion and i buy $8 billion worth of your products i take that day under any sun. -- took place to fly around the world but i would be very nervous if i were them you're

buying handful of planes from boeing, u.s. company, looks like we could put good surveillance software on the ground in iran quickly. david: that is a nice idea. i'm sure somebody saw that. veronica, a lot of information is coming from iran. you have to suspect the source here. if true, this is tailor-made for trump to say look, you guys can do whatever you want with iran but you will do at least the same if not better for us. >> absolutely red meat for him and his followers. not sure why they haven't jumped on it yet. we'll see. when you look at a stock like boeing, their executives are not too thrilled about this they desperately need orders. they have seen a decline for their big jets. they need sales from iran to help their sales. we'll see how it hurts negotiating power, not just in iran and other parts of the world but in the united states. david: i can't wait for that tweet. veronica, jim, thank you very much. good to see you both. melissa: so president-elect donald trump announcing plans to close his foundation amid criticism over conflicts of

interest. why this may be easier said than done. david: racing the clock to empty guantanamo bay. president obama's last ditch tempt a to free even more detainees as nearly a third of those who were released are returning to terrorism. retired navy captain chuck nash weighing in on that. melissa: outspoken harvard law professor alan dershowitz says israel has been stabbed in the back by the president when the white house sat out a crucial u.n. vote. he explains why peace in israel will be harder to achieve and we'll look how it will impact the future of the united nations. >> it is an organization that exacerbates tensions, it does not assuage them. i think it is good real estate in downtown new york city and trump ought to find away to put his name on it and turn it into condos.

melissa: tensions remaining high between the united states and israel as we are hearing secretary kerry planning a major speech. fox business's blake burman has the latest info rrounding israel-u.s. relations. blake, it is getting dicey. reporter. it is in the final days, melissa of the obama administration, state department spokesman says secretary john kerry will give a major speech tomorrow about the middle east. this comes as the government of the israeli prime minister benjamin netanyahu is accusing the u.s. of interference. israel is saying it was quote, ironclad information that the united states helped create last week's u.n. resolution which condemned israeli settlement building. here was the ambassador, ron dermer, last night on fox news. listen here. >> we have that evidence. as i said earlier we'll present it to the new administration. if they choose to share it with the american people that will be

their choice. we have evidence. reporter: now the united states abstained from that u.n. vote but deputy press secretary eric schultz denies the israeli claim of coordination saying, and i'm quoting here, the egyptians in partnership with the palestinians are ones who began circulating a earlier resolution. the egyptians are the ones that moved it forward on friday. president-elect donald trump has been a harsh critic of the u.n. following the vote. he tweeted the following, quote, the united nations has such great potential but right now it is a club for people to get together, talk and have a good time. so sad. melissa, again that speech from the secretary of state john kerry we're told coming at some point tomorrow. melissa: okay. we'll keep an eye out for it. blake, thank you. david: mike next guest says president obama stabbed israel in the back. alan dershowitz, harvard law professor emeritus, joins us right now. you had this personal meeting

with president obama at which he pledged to have israel's back. >> well he did have israel's back, as a target. there is no conflict between the united states and israel. americans overwhelmingly oppose this resolution, support israel. 88 senators opposed it. entire house virtually opposes it. many within the obama administration opposed it. this is a personal thing. this is barack obama, the lame duck president, undemocratically with no checks and balances at a time when congress is out of session, just getting even, letting his passion prevail over policy. david: but, would he do such a thing at the risk of israel's future? >> he would. he would do it at the risk of america's future. david: does he not care about israel's future. >> i'm not sure he cares about america's future. he cares about his own legacy. he burnishes it he doesn't get this is bad for america. remember if he was opposed just to settlement building he could have had a resolution saying we opposed settlement bidding we're

critical of the settlement build building in the west bank. david: there is more to the resolution than just settlements. >> it goes to the heart of jewish gushes. says jews can't pray at holiest site of judaism andcan't go to jerusalem university. david: aimed ad demographic competition, character status of palestinian territory occupied since 1967, including ease jerusalem that would include the west wall, wailing wall. >> it is not palestinian territory. palestine didn't exist, still doesn't exist. jordanian territory captured from israel in aggressive military war in 1948 when all the arab countries attacked new nation of israel, declared war on it and said it would engage in genocide. jordan captured it illegally. why does that become palestinian territory? at most disputed territory. david: we have a minute. two things i want to get in.

first of all how difficult will it be for donald trump to undo the resolution? >> he can't do it. that is the problem. that is why it is so undemocrattic. the democrat tieded hands of his successors. you can't undo failing to give a veto. what he can do, down the impact, declaring that it is american policy. the capital of israel is jerusalem and moving embassy there. david: you heard the israeli ambassador, ron determiner, in fact they have information this resolution was pushed by the united states. they didn't just abstain themselves from the vote. they actually pushed this. do you have information from that. >> yes the idea america would allow resolution to go through without any i am being pack he is either axe noning when the president and his people say they had no influents on resolution, they are claiming i am poe tens, they could have threatened to veto, they could have said we will veto unless you take this language out, either they were incompetent

tent and ineffective or they played a behind the scenes role. david: you have scene information. >> i have heard information that demonstrates that america played a far more active role. and there will be congressional hearings and ben rhodes will be called to testify under oath and produce documents. i bet you anything you will see america's heavy thumb on that scale of injustice. david: professor alan dershowitz. good to see you, professor. thank u. melissa. melissa: carrie fisher sadly passed away. many costars and friends paying tribute to their late friend. we'll show their reaction next. plus, president obama says he would have beat the president-elect in the election. the president-elect is not happy about those comments. >> this is offensive to hillary clinton. can you imagine how she feels, that president obama says she is such a loser candidate that i would have won and she didn't. that has to be something not going well over in that house at

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melissa: presidential showdown. president obama claiming that he would have beat the president-elect and won a third term. take a listen. >> i am confident in this vision because i'm confident that if i, if i had again and a ticker lated i think i could have mobilize ad majority of the american people to rally behind it. i know in conversations that i have had with people around the country, even some people who disagreed with me, they would say the vision, the direction, that you point towards is the right one. melissa: hmmm. donald trump firing back in a tweet saying quote, president obama said he thinks he would have won against me. he should say that but i say no way! jobs leaving, isis, health care,

et cetera. brad blakeman, former bush 43 staffer and danielle mcglothlin, liberal commentator. brad, let me start with you. the person this really hits is hillary clinton. he is saying gosh, anybody could have beaten this guy with the right vision. he is really saying it was just her that didn't do it, no? >> well, i wonder if they let the president now have access to newspapers and television because he makes such a statement. this was a stunning rebuke, this last election of barack obama. this is the year of the ultimate outsider. donald trump was able to do that in the primary. he did it against the ultimate insider this november, hillary clinton has been around 40 years in various high-profile positions.l over the country, begging people, shaming people to vote for hillary, because they said, he said a vote for hillary is vote for barack obama continuing the next four years. stunning rebuke of barack obama

and obviously he is in denial. melissa: what is interesting about what he said, he said if he had gone out and articulated the message, that it wasn't about his popularity, he is saying you know the message should have won but in truth, i mean democrats lost 1042 state and federal posts. under president obama. you have the front page of "the new york times" saying was barack obama bad for democrats? i mean almost like the evidence is that he himself was popular but what he said about, you know, if he just articulated his vision, that vision would win, seems by numbers not correct. >> well, we -- what happens often what you have an administration in for two terms we see the other side coming in and often times taking house and senate and often down ballot race, governorships and others. since jfk, every single democratic president who has come in also taken the house and senate. to obama's point whether he

would have won or not, in the further conversation with david axelrod he says hillary clinton did wonderful job. that is important to acknowledge. talks a little bit about things he suffered in terms of press bias. we can talk about the extent of that. this is what we see. elections and politics are secular. last things i would say, some things donald trump suggesting we do have a country, are feeling more democratic. his daughter is talking about paid child care. he is talking about an infrastructure bill, which is traditionally democratic position. trump is -- republican in some senses. >> brad, this is a common theme on the democratic side. you know the election is over. and it is not about the message. it is not about the direction. it is not about the policy. it is not about any of these things. it is just about hillary clinton. that this is an indictment of her. that is sort of the perspective that you hear coming from a lot of people on the left that feel like what they believe in is in fact the most popular point of view.

it was just poorly articulated. is there any chance that is the case? >> no. this was, this wasn't about vision. this was about a record. there was eight years of a record of failure, abysmal failure in foreign policy, economy and jobs and health care. the promises that were made by barack obama for the hope and change was not delivered to any of the american people, regardless of where u are geographically, of your income, of your race. this has been a failure of policy. not of vision. and hillary clinton, basically has overstayed her public welcome. that was the rebuke of not only her but of obama. melissa: danielle, how appropriate is it for a president to come out and say something like this? on one hand is absolutely trying to defend his legacy and what he is hear about and road he is marching down with people following him at least he thought for the past eight years. on the other hand to come out and say this sound egos tis call and a little petty and mean to hillary clinton.

he is supposed to be riding out on a high note. what do you think? >> i think it's a little bit waste of time around and around who would have won. if you look at numbers he would have beaten trump. that doesn't do any good. we need to move forward. president obama should be quiet and reflective. if there are issues arise within the trump presidency that president obama thinks are problematic for the core american values that we all share i think he will say something. melissa: i have a feeling trump will be tweeting and former president obama will be sniping and we'll go down the road for a while. hey, it makes television. brad, danielle, thank you. >> thank you. david: we have breaking news. president obama, japanese prime minister shinzo abe moments ago touring the uss arizona site at pearl harbor. it has been 75 years since japan's surprise attack. today's visit coming just as president obama nears the end of his term. we're expecting both leaders to

make a statement in the next hour and we will cover that live. melissa: mounting criticism of the trump foundation but the president-elect has the solution. why donald trump next's move may silence the critics for good. next dan henninger of "the wall street journal" will weigh in. david: david: plus mall brawls. violence breaking out in shopping centers all over the country. how social media could be to blame. >> right when i'm getting in the store, everybody says get back. they're putting the door down and the gate. you're just like, oh, my god, what is going on. l not letting anyone else go inside. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me.

melissa: putting conflict of interest fears to bed, the president-elect vowing to close his trump foundation to avoid any appearance of conflict as my role in president to continue my giving to philanthropy in other ways. we're raising money for pediatric cancer, now we have to shut it down for any other appearance, it is sounds kind of sad, there is no other way around it, is there? >> probably not. this is turning into the legal morass of for donald trump. the charities bureau of the new york attorney general's office is after him.

he thinks it should shut it down but i don't think it will. this will go on for the length of the trump presidency. whether it is trump foundation or trump university, or the fact he has a very complex financial life. and all of his assets. these things will be pursued one way or another as long as he is president. melissa: the clinton foundation, if she had won, and come in, we certainly expect, they would leave chelsea in charge for it, we were yelling that is not fair. you have to shut it down. otherwise when you give something to the daughter of a president, certainly they think she will call her mother, that is the appearance. not whether it is really there but about the appearance,. >> it is partly the appearance. we talked about that for many, many years. this is about an could i can in of interest and conflicts of interest are becoming a political weapon. melissa: yeah. >> if you have assets as complicated as donald trump and the trump family you will be able to find conflicts of interest or apparent conflicts of interest anywhere you look. is this spoused to inhibit

people that have trump's background or rex tillerson, the new secretary of state from entering politics? are you allowed to have anyone like that coming into politics. melissa: democrats announcing on the trump foundation his announcement is a wilted figure leaf to coverp his remaining conflicts of interest and cover up pitiful record of charitable giving. sound like they're completely satisfied, no. >> there is not much more they can do with it. they will find other ways. partisan attacks on trump finances. aggressive journalism out there. some will be a bloody mess. trump knew this getting in. i'm sure there would be all the questions raised and we will have this squads of lawyers having to deal with it for as long as he is president. melissa: i wonder how much penetrates the public consciousness? when you talk about somebody who comes into office and penniless, they're always doing things on the come, that later on i will swap a favor here and later i'm on the board of lockheed or whatever it is.

they come in with money, there is the opposite concern. who gave them money ahead of time, who is giving them money for favors later? it is sort of the nature of the job. >> yeah. and you know what? this raises a very good question. you mentioned the clinton foundation. voters had information in front of them about the clinton foundation. melissa: yes. >> hillary clinton's visits when she was secretary of state. over half of them gave money to the clinton foundation and they had a lot of information about donald trump and his finances and his complex financial life. voters knew these things and they made a decision, all right? whether they approve of it or not, they chose donald trump over hillary clinton. so it is not as though these things are inhibiting the political process. people absorb this information. melissa: one of the hardest problems going forward is the rest of the family, what do they do? do they have to sit home the entire time? we talk about chelsea and the foundation. the trump kids. it's a difficult problem to solve because it is hard to do something without it looking like a conflict but at the same

time do you want somebody's ever living relative to sit idle? >> it is sad that eric trump had to shut down the philanthropic activities about the conflicts. as long as they're transparent about it, i don't think it is a problem. melissa: transparency is the key. thank you very much. david: turning now to the retail madness this past weekend as stores filled up with shoppers, not everyone was patient with the crowds. a lot of coordinated fight broke out in a dozen malls all over the country sparking a social media storm. jeff flock is standing by in chicago. you might have known something would happen there. jeff? reporter: it was outside of chicago in this case, david, aurora, the fox valley mall. there were across the country. pretty much everywhere you look there was a problem in a mall. in terms of coordination, authorities say there was talk in social media in advance of what you want to call them, mall

brawls. beechwood, ohio, one near cleveland and as the aurora, colorado one, they apparently talked about it on social media in advance. the others spontaneously sprang up. kids being cooped up in the house a couple days, i'm not quite sure what it was and neither are authorities at this point. they haven't found any kind of a national coordination even though a lot of these problems took place at the same time. arrests, around the country, nobody seriously injured fortunately. but, david, poking around about this, if you search out mall brawls or mall fights on the internet, it is not just yesterday these take place. they take place with increasing, or lack of rarity, increasing numbers. it is kind of weird, but the mall has become a place where, you know people go and getting in trouble. i don't know. david: looks like they will need their own police force there. they're not doing a good job of it.

>> the mall cop is definitely -- david: mall cop has a lot on his hands right now. it is a tough job. melissa? melissa: hollywood has lost another light. carrie fisher has died. the actress best known for her portrayal of "star wars"'s princess leia was being treated at a l.a. hospital after suffering a massive heart attack on a flight from london. that was friday. fisher will be remembered not only for her iconic role in "star wars" but also for a string of hollywood hits, including the blues brothers, hanna and her sisters, remember her in that one, "when harry met sally." she was a talented writer, penning five novels and three nonfiction works. she was called on to rework screenplays for "sister act," the last action hero," many more. she was a script doctor. markham medical tweeting, no words, #devastated. billy d. williams, says i'm

deeply saddened at the news of carrie fisher's passing. she was a dear friend who i greatly admired. the force is dark today. steve martin is tweeting this, when i was a young man, carrie fisher was the most beautiful creature i had ever seen. she turned out to be witty and bright as well. carrie fisher, dead at the age of 60.

david: president-elect donald trump is vowing to go after obamacare first thing after taking office. fox business senior washington correspondent peter barnes standing by in d.c., with details how this legislative battle could unfold. reporter: wellobamacare has been one of president-elect trump's top targets. >> we will repeal the disaster known as obamacare and create new health care, all sorts of reforms, that work for you, and

your family, and we are going to be doing it properly. reporter: president obama declare obamacare a success especially this month as consumers enrolled for coverage in 2017, and as republicans threaten to scrap it. >> one new study shows that if congress repeals obamacare as they proposed, nearly 30 million americans would lose their coverage. 30 million. reporter: analysts are looking at a 2015 obamacare repeal plan for clues to how mr. trump may proceed on replacing it. it came from republican congressman tom price of georgia, whom mr. trump nominated to be his secretary of health and human services. the legislation would offer age adjusted tax credits for purchases of individual and family health insurance policies. it would encourage more people to contribute to health savings accounts. it would offer grants to states to subsidize insurance for sicker people. it would allow sales for health insurance policies across state lines to promote competition. it would allow small businesses

to ban together in professional associations to purchase and provide coverage to members through association health plans. but making changes to obamacare could get complicated. >> for those who have been in place and are in effect, the only two-ways to eliminate or modify them are through statutory change. so congress writing new legislation that overrides those, or, the president and the secretary of hhs going through the normal rule-making process which, would take at least a year. >> repeal and replace as it has been described seems to be repeal, a big pause and something, some kind of a replace that is very ill-described. so it is sort of like telling people we'll push you out of a plane, hopefully we'll have a parachute before you land. reporter: at various points on the campaign trail mr. trump expressed support for keeping some of the more popular provisions in obamacare, such as a ban on denying coverage for

people with preexisting medical conditions. back to you. david: peter barnes, thank you very much. apparently the u.s. mint can't squeeze value out. penny. it costs more to make than it is worth. the cost to produce the one-cent coin rose to 1 1/2 cents during the 2016 fiscal year. as inflation and commodities increased. spokesman for the mint says costs for its productions have gone up since 2011. a fight back to the battlefield. president obama's midnight push to close guantanamo bay for good but can we actually stop these prisoners from returning to terror? next captain chuck nash is here to sound off. your path to retirement may not always be clear. but at t. rowe price, we can help guide your retirement savings. so wherever your retirement journey takes yo we can help you reach your goals. call us

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david: with only weeks left of his final term, president obama looking to fulfill his promise of closing gitmo but nearly a third of the former detainees are apparently returning to terror. 208 of the 693 detainees released from gitmo are confirmed or at least suspected of returning to terrorism according to the office of director of national intelligence. well, captain chuck nash, retired u.s. navy captain, fox news military analyst is here to talk -- respond to all of this. 1/3 is a lot of terrorists that could be doing harm to americans. >> it's a pretty high recidivism rate, david but when you look back and do it by the numbers, there were 780 at the high point under the bush administration. he bequeathed 242 prisoners or detainees, i should say, to president obama. now we're down to 59. and on monday, the obama administration told congress

under law, they have to, gave them 30 days notice, they want to release 11 to 18 more, which would leave us about 41, prisoners detainees left, of those 41 to 42, 27 are so hardcore nobody would think about letting those guys go so it is not going to close. david: i remember hearing about that the last time. the last time with another prisoner release. those ones there are hardcore. we could never release them. we're releasing some of those that were considered back then too hardcore to release. >> i don't know what happens over time, these guys are evaluated periodically, and they look at three criteria. one is, is there a risk if we get this guy out of here, that he will return to the battlefield, is he high-risk? two, is there any intelligence value left in him that we can continue to mine? and three is he a pain in the neck or pretty much obeyed the rules? they go through that process f

they believe they can transfer him, they transfer him to a facility but outside of guantanamo. david: you're preaching to the converted on this, but you can obey all the rules and still in your heart be a terrorist. that is why these guys are different than normal criminals. the other thing who we're releasing them to. we're releasing them to places like uruguay and bosnia, ill-equipped to handle potential terrorists, right? >> some. places we're starting with this group anyway, we have in the past, are the u.a.e., qatar, saudi arabia, places that have internal security operations where these guys can be watched. how closely are they watched? not nearly as close as you or i would want them to be. it keeps them in the confines of those countries. that doesn't mean they're incommunicado. david: i guess.

a couple have sort of been lost. they can't find them anymore. but there is actually one who they were thinking of giving $100,000 to. that is a whole another issue. i want to get your take on something else if we can. we're currently waiting remarks from president obama, and japanese prime minister shinzo abe after they held this really historic meeting in pearl harbor. talk to the meeting itself. it was pearl harbor that attacked us ruthlessly in 1941. what are your thoughts abo this? >> well, prime minister abe is the not first japanese prime minister to visit pearl harbor. prime minister yashido, back in 1951, six years after the war, visited admiral radford, who at the time was commander of the pacific fleet. since then have been visits in '56 and '57. that is before the opening of the arizona memorial.

that is where this is taking place. this is most symbolic, because the arizona is the national memorial to pearl harbor. david: still a tomb for many of the men that went down with it. >> it is indeed. david: a lot of concern on part of japanese what happened with china and north korea. clearly this administration, obama administration has done nothing to quell the fears of japan that they could be in target sites of north korea or run into trouble with china. is there going to have to be a whole new reassures campaign with the japanese after trump comes into the presidency? >> i think so. actions speak louder than words. president-elect trump has a way with words and conveying his thoughts. i believe what happens, you will see more exercises in the pacific. the emnity that exists between the countries you mentioned, japan, korea and china, this

december, just on the 13th, marked the 79th anniversary of the rape of nanjing where 200,000 chinese civilians were killed. same thing with korea. these countries still are poking at each other, still very much dislike each other, even though now that the world war ii is over and everything, japan is our ally, not our enemy. each other with one bigoking at difference between them. japan is the only one without nuclear weapons. donald trump spoke to this point during the campaign. wouldn't you rather in a certain sense have japan have nuclear weapons when north korea has nuclear weapons? what do you think of that remark? >> i think the chemistry in the region between those three countries were japan to announce that they were beginning a nuclear weapons program, i think that would be extremely destablizing. if they were to do something like that, they have to modify and they are modifying, i

believe article iv or article 5 of their constitution which basically compels them to be defensive only. david: right. >> if they open a program they ought to do it like indians and pakistanis did it. the way you find out about it, when they set off the first one. david: sorry to interrupt. we have breaking news. there is suspicious package none other than than trump you tower. we're hearing nypd, the new york police department is investigating. that is all the information we have at the moment. the president-elect currently is in florida. he is well out of danger but a very busy thorough fare along fifth avenue there. could do a lot of damage but we are going to be investigating ourselves. we'll collect some information. be back with you in a moment with more on this breaking news.

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>> breaking news from trump tower, 725 fifth avenue there was a suspicious package that

raised curiousty of new york police department. there have been evacuations. this file footage, not live. there are evacuations, donald trump is in florida as is most of his staff. the president is about to speak in hawaii. we'll bring that to you live. >> it will be breaking news, japan's prime minister b abe and president obama about to make their remarks in hawaii. >> i stand here at pearl harbor as the prime minister of japan. if you listen closely we can make out the sound of restless waves breaking then retreating