catalyst, the next positive catalyst. 15 seconds. [closing bell] have to leave it there. gentlemen, thanks so much for joining us. has been a pleasure. thank you for sticking with us. i'm lori rothman. to david and melissa. melissa: another day of green arrows. major averages finishing higher. s&p 500 ending just shy of new record high, i'm melissa francis. >> i'm david asman this is "after the bell." glad you could join us. we have you covered on big market movers. here is what else we have for you this hour. bringing out the big guns. president obama and vice president-elect pence going toe-to-toe in the battle over obamacare. we're going to take you live to capitol hill for details on what is going on behind closed doors. plus build a wall, it is not just a popular slogan. the president-elect reportedly laying the ground work to make good on one of his biggest campaign promises. this just in, president obama releasing four more gitmo

detainees within the next 24 hours, and just wait till you hear where they're being sent. we'll tell you. lori: back to the markets now. the dow climbing again today, shares of nike and american express and ibm. oil on the rise as well. but watch out for some pain at the pump. phil has details from the cme in chicago. lori rothman is back with us. lori, exxonmobil the worst-performing stock in the dow today. how come? >> so it was the worst performer but pretty awesome windfall for the soon to the former ceo who of course has been past secretary by president-elect trump. his nominee for secretary of state. he's serving ties with exxon but in line to receive a 180 million-dollar retirement package. so it's interesting that exxonmobil is down a buck today because the price of crude oil was actually higher 1%. i want to move on to some other stories, popular names you probably own in your portfolio. apple. the news is that apple is

securing a $1 billion investment in soft bank business fund. this going to help finance technology that could be used in the future. driverless cars, hint, hint, for apple. we'll follow that one for sure. and weight watchers. big day. six-month high with a gain of almost 21%. price target was bumped up to $28. so, look, 13.40. 28-dollars price target increase by the firm. hey, we'll take it. probably the oprah effect there, guys. back to you melissa: lori, thank you for that. phil, oil on the rise. gas prices too experts warning that we're going to see the highest prices at the pump in three years. really? >> and we really are. and i'll tell you what. it's bad news for a lot of drivers. but it's also good news because we're seeing signs that the u.s. economy is growing. demand for gasoline at a record high. so it's not all bad news, though. it might not feel like that when you have to pull out your accredit card at the pump.

italy oil had a real nice come back yesterday. remember, yesterday it was a wild market. we were up 1.50, down 1.50 yesterday. we made a nice come back and some of that was a report coming out of opec, but guess what. opec in the month of hat droppedtually fell. because of nigeria, some problems there. but we're also saw saudi arabia production fall. that may be a precursor to the fact that opec is actually going to comply with production cuts. so a step in right direction. and take a look at gold. the market back from the dead today. gold prices back up. but really, when you talk about the medal, you have to talk about the industrial metals. platinum, palladium, more spending in china, big day for metals. back to you. melissa: all right, phil, good stuff. david. david: well, markets continue to advance higher despite fed notes in which janet yellen in a minute operating under a

cloud of uncertainty. joining us now, jonathan and gary both are fox news contributors. gary, it looks like -- and i think this is good news that markets are getting more juice by the idea of tax cuts and regulatory cuts, rather than monetary magic. am i right? savings account has been i do believe so. and it's about time. we had eight years of 0% printing of money and frankly, all i used to do is talk about janet yellen. now i couldn't care less. there's more going on right now, and that is the potential for great economic growth because of lower regulations, less taxes, and whatever else they have in their goody bag as we move forward. david: and, jonathan, stocks should go up on the basis of markets going up not artificially stock prices; right? >> well, we would like to see an untampered free market in the economy, david. and i think we haven't seen that. so for one minute eight plus

years, we know this market has been inflated by the federal reserve, so it's almost difficult to discern at this point which prices are real, which prices are not. what i'm worried about moving forward -- and we heard phil flynn talk about it just a moment ago is higher prices for oil, for gold, the inflationary effects of all the stimulus spending i think is going to come home to roost in 2017. that's going to be tough for this economy. melissa: all right. from silicon valley to the oval office. facebook ceo multibillionaire mark zuckerberg has a new goal to meet every people in the u.s. that he might be gearing up for a presidential run in 2020. how much stock do you give this? >> zero. let's hope that mark zuckerberg doesn't go into politics. i mean, government is not a business. people like mark zuckerberg the great innovators should be doing just that. should be innovating. will you tell

unconstitutionals in government and let mark zuckerberg create the next facebook or spotify or uber or whatever. melissa: i don't know, gary. i feel this is the direction that all of these guys go. they make their billions, they don't need any more money. now they think they want to go out and change the world. he has so much control with so many people on facebook and the algorithmic control of what everyone is looking at and what everyone is thinking and reading. i actually think this report is sort of terrifying. >> look, i think a lot of billionaires, a lot of people in silicon valley as well as elsewhere look at donald trump just won the presidency, and he was not a politician. melissa: right? >> so i think the playing field may be changed as we move forward. and i gather if trump doesn't do a good job, it's going to be chum in the water for a lot of these people. so i suspect maybe you're going to see mark cuban show up and quite a few others. expectations are high. melissa: yeah. david. david: chum in the water. i like that. meanwhile democrats are

building their case against secretary of state nominee steve claiming he raked in millions for close on homeowners and also alleging the bank discriminating against minority perspective homebuyers. gary, jack lou, our current treasure secretary ran into division group that put all of this bad loans in something called structured investment vehicles. these are exactly the instruments that led to the financial crisis, the bailout, and the folks who voted for this guy to be our treasury secretary are now claiming he did something bad. what's going on? >> you forgot one word. it's fraudulent structured investment vehicles, who he was involved with. look, this is about -- unfortunately, i hate even using the word. politics as usual. the democrats have to show some strength here because they are dead in the water, so they picked out this one guy because the magic words goldman sachs and mortgages, and they're going to go after

in a very big way, and it does not matter to them. and it's obviously not going to matter to the media that this total hypocrisy with what happened with jack lou. david: jonathan, whatever you think of mnuchin, jack lou was right together putting together these financial instruments that were toxicity, that really poisoned our financial system. >> well, democrats, a lot of democrats are hypocrites, david. but ironically, it seems on the right are as well. i mean, steve, two words come to mind. goldman sachs, and that's something even donald trump himself talked about. the banksters at goldman sachs prior to the election. so i mean, i have high hopes for mr. m nuchin. however, even under president carter's regulation, we had airline fairs and stock, so that they could get rid of, that would do wonders. david: that would be nice. thank you very much, guys. melissa.

melissa: ford motor company deciding not to build the new plant in mexico, and it's making president-elect trump pleased. tweeting his gratitude quote thank you to ford to creating 700 new jobs in the u.s. this is just the beginning. much more to follow. this coming after trump slammed ford and made allegations they were moving jobs across the border, which they already had some jobs across the border. jeff flock is standing by in chicago with the latest on this one. jeff. >> melissa, yesterday, i kind of criticized donald trump for that tweet on the cruise. but i tell you, today, i've got to agree with him. we've been poking into the numbers on things like the tariff that he has proposed for cars that are brought into the u.s. made abroad. i tell you, it's not that crazy. take a look at the numbers of the tariff if you make a car in the u.s. and ship it to the eu, you get a 10% tariff. if you make that same car in mexico, no tariff at all. it's even worse when you look at brazil. if you make a car here in the

u.s., a 35% tariff is what gets put on it. if you make that same car in mexico, no tariff at all. why wouldn't you go to mexico? especially when it's so much cheaper to make cars there. you look at just the ford fusion, how much does ford save by making the fusion in mexico? about $600 in labor alone per car. they save $1,500 on auto parts to make that car because there are so many automakers now leaked in mexico. obviously, it costs you a little bit more to ship the car back. but the savings each card made back there, about $1,200. that's why the forecast for mexican auto production to be up big over the course of the years. who knows. donald trump may have something to say about that. speaking of cars, today was december auto sales day, and it was a big month. gm up big time. much more than the analysts had predicted up 10%. we'll have mary bar, the ceo of gm next week, by the way, at the auto show. nissan up 9.7%, we'll also

have ceo there. mark fields will be with us as well. ford was pretty flat today but better than analysts expected and fiat chrysler down 10%, we'll also speak to sergio at the auto show monday next week. stay tuned. melissa: jeff flock, we look forward to that. david: and breaking news. macy's now detailing plans to close 68 stores. melissa: wow. david: most of them this spring and cut nearly 4,000 jobs. retailer announced last year it would be closing about 100 stores, the stock is down about 5% after hours. melissa: and kohl's shares also down almost 10% after hours following the release of their holiday sales results. the company is lowering expectations for fiscal 2016 earnings per share. a lot of breaking news there. david: yeah, we had high hopes about retail. but not so. well, so easy, a teenager could have hacked it. wikileaks founder julian saying that john podesta.

melissa: there could have been -- president obama looks to secure his legacy before leaving office. sounding the alarm, and he'll join us. david: meanwhile president obama and vice president elect pence are on capitol hill both rallying their troops over obamacare. the repeal efforts are underway as warning for chaos for our economy. congressman marsha is going to respond and tell us what's happening behind closed doors. >> we have a great deal of optimism that the good things that have happened in aca are going to stay. and that our republican colleagues don't quite know what to do. caught the can bus. and the urin. tell your doctor about your 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 this may cause an unsafe drop in blood pressure.

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david: what a day on capitol hill. very busy. democrats pushing to keep obamacare as republicans are looking to dismantle and replace it. peter barns live in washington with the latest on the push to end obamacare and the democrats push back to that. peter. >> yeah. that's right, david. and president obama is this going to go down without some kind of fight. he made what could very well be his last lobbying trip to capitol hill as president today. his goal to strategize on how to save his signature health care law with republicans now taking full drug and alcohol of the government. the president telling democrats to quote look out for the american people. simultaneously, vice president mike pence on how to repeal and replace obamacare. democrats a peace mail approach will lead to chaos. president-elect trump warning democrats on that possibility as well. quote republicans must be careful in that the democrats own the obamacare with the

increases like the 11 of% hike in arizona. also deductibles are so high that it is practically useless. don't let the schumer clowns out of that web. masses increases of obamacare will take place this year and dems are to blame for the mess. it will fall of its own weight. be careful. republicans said they are moving forward. >> we are working very closely that will begin the process of repealing obamacare and also create a framework for replacement going forward. >> sources tell fox news that mr. pence told the gop members that the president-elect wants a repeal bill on his desk by february 20th, david. a month after his inauguration. david: by the way, deductibles on the bronze plan, the latest. $12,000. that's how much you have to

pay out of pocket before they kick in. melissa. melissa: we will be getting update from marsha blackburne, she's just running from her conference on capitol hill, she's going to tell us all about it. coming up. david: and hollywood how liberal celebrities hot off their election defeat are now begging congress to stand up to donald trump. plus still voicing skepticism why donald trump is stepping up his criticism of u.s. intel agencies john bolton sounding off next. >> when you look at what russia has done, the most egregious aren't hacking into someone's e-mail and showing what the democrats are saying to each other. won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. but when we brought our daughter home,

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david: taking a shot at u.s. intelligence officials. the president-elect blaming them for delaying a briefing on alleged russian cyber attacks. donald trump tweeting out quote the intelligence briefing so called russian

hacking was delayed until friday. perhaps more time needed to build a case. very strange. democratic senator chuck schumer responding on msnbc. take a listen. >> let me tell you. you take on the intelligence community. they have six ways from sunday at getting back at you. so even for a practical supposedly hard-nose businessman, he's being really dumb to do this. david: all right. here now u.s. ambassador to the un and fox news really dumb. would you use those words to describe trump right now? >> i don't know if that's sort of threatening implicitly that our intelligence agencies are going to conspire against the president or not. look, i do think this meeting friday or whenever it's scheduled for. i'm not making the schedule is very important. this is a critical issue for the incoming administration. and i think whatever the specifics on the russian efforts allegedly to metal our election, and i don't put it

past them at all. david: right? >> this is simply the last in a series of cyber espionage cyber warfare approaches that they, the chinese, iran, north korea have made over the last several years unanswered. david: yeah. >> so this particular case is important. but i do think from a national security perspective, the bigger picture is what we need to focus on. david: yeah, ambassador, you used the word allegedly. not everybody is doing that these days. a lot of people saying intel agencies are certain. 100% certain that it was russian hacking. i don't sense that certainty from you. >> well, i haven't seen the evidence, and i don't think any of us frankly, including so-called cyber experts who frequent the airwaves really know enough to be able to comment on it. if i were within the classification where i could see the stuff, i would have an opinion. that's why this meeting on friday that's what it is is so important. intelligence is not a piece of granite. david: we found that out with

the iraq war. that's true. >> yeah. david: i just want to ask you about russia, though, with regard to the possibility of u.s. stepping up its forces in the baltic, specifically in lithuania because of some threat from russian missiles being pointed towards the baltics from russia. what do you know about that? >> well, there are has been an increase in operations in the three baltic republics by nato, generally. and specifically by the united states. and there's a very good reason for that. these are nato allies. and bearing in mind that an attack on one is deemed an attack on all. i think we want to make it very clear to russia, especially with the new administration coming in, that we take our obligation seriously. i don't think this is a provocation. i think this is a deployment that's been scheduled for some time. david: okay. >> and i think it's entirely appropriate. david: and we dove some breaking news. another final parting shot for president obama. four gitmo detainees expected

to be transferred to saudi arabia. the first of the final wave of up to 20 transfers anticipated before the president leaves office. first of all, ambassador bolton, saudi arabia? i mean, can we keep track of them there? >> look, none of these people should be released anywhere. and, in fact, most of the ones that have been transferred out of gitmo over the past couple of years never should have been let go. i think we may make it until january the 20th without obama closing gitmo, despite his promise in 2008 to close it within a year. it verges on the criminal to let some of these terrorists know. we know they go back to the battlefield. we know they assist other terrorists. these are very dangerous people, and they ought to be incarcerated there until they come clean on their activities, which many of them haven't done. i think we need to repopulate gitmo with additional terrorists that we capture. david: to quote the incoming head of homeland security. they're bad boys. 59 of them left gitmo, by the

way. john bolton, thank you very much for being here. >> happy new year. melissa: trying to dismantle obamacare, claiming the replacement will quote make america sick again. >> the republican plan to cut health care wouldn't make america great again, it would make america sick again and lead to chaos instead of affordable care. >> make america sick again? is that what the republicans want to do? i certainly hope not. >> a year from now, they will regret that they came out so fast out of the box to repeal melissa: all right. joining me now is republican congressman marsha blackburne from tennessee. she serves as vice chair on the committee, which has jurisdiction over health care issues. thanks for joining us. i mean, it's rich there when you see nancy pelosi standing next to a sign where she says make america sick again. i certainly hope that's not what republicans want to do. as they stands next to the

sign saying this is exactly what they want to do. how do you respond to this comments? >> you know, for a woman who would not read the bill before they passed it, and then she had all of these opinions? i think she needs to realize that what they did was to disrupt the entire health care marketplace. and because of that, people have insurance that they can't afford to buy, they can't afford to use the insurance when they get it. they delay health care. the networks are there. the system is a mess. it's an absolute mess. and what we're going to do is restore some order and some sensibility so that everybody has access to affordable health care. melissa: but does it restore order, though, if you repeal it without replacing it in one shot? president-elect trump said we're going to repeal it and replace it like it was wax on, wax off. really quick. and now you hear senate majority leader mitch mcconnell, look, we're going

to repeal it and then pretty quickly, some time later, we will replace it. isn't that going to create more disorder? >> no. what you will do is begin the repeal process, and then you've got to have a phase out so that the insurance marketplace has the time to do the underwriting work on a insurance product to get into the marketplace. we need to pass some concepts like across state line purchase of health insurance and get that on the books. so then the insurance companies know what they're working with. they know what that environment is going to be. and really, what the universe is going to be. melissa: yeah. >> you also have to look at the tort reform issues that need to be advanced. you have to look at the making your providers and your hospitals whole as they have had money taken from them to stand up obamacare. seniors and medicare. you have to have a way to make them whole through this process. so it is going to be done incrementally. melissa: okay. >> and you have to phase out

and phase in. melissa: let me ask you, though. obviously the mandate is not working because there aren't enough healthy people buying into the system. that's the bottom line of what's going on. but does the system work without the mandates? i mean, it does seem like it's going to be very difficult to pay for all the sick people if you don't have healthy people buying in. how do you fix that problem? >> one of the provisions that we offered at the blare house health care summit back in 2010 was high risk pools for those with preexisting conditions. and that is an idea that we need to return to so that you do have an option that it's there. you need to go about repealing title one, which is the insurance title that has the mandates in there for all of these prescriptive items that have to be covered, the essential benefits. move that out of the way. and then say to individuals "get out here and buy a product you like at a price you can afford. you need to expand help

savings accounts"." melissa: right. >> that is another of the concepts that we have legislation to do that. and my colleagues and i just introduced the american health care reform act, which is the republican study committee's version of the patient-centered private health care center options that are there for the marketplace to replace. you know, the democrats going back to 2010, you have a private sector option over here, you had a government control over here. what did they do? they said "we're going with government control." what do we know? it is too expensive to afford. too expensive to use, so let's try the private sector route. melissa: how long do you think it would take to have a replacement after the repeal? realistically. what would you say to people to ease their nerves? but at the same time manage their expectations about how quickly that response comes in. >> yes. and, you know, right now we're in a responsible

manner talking with providers and insurance companies to see how much time that they need to do that work to get that product to the marketplace. melissa: okay. >> bear in mind by the time you get to april 1st, your rates for 2018 are going to be set. so that for 2019, how much lead time are they going to need so that there could be a change. two years? three years? i don't know. melissa: it's a long time. it's a lot of work. >> well, it's going to take a while. it's going to take us many months. melissa: all right. congresswoman, thank you for coming on. >> thank you. david: one thing creeping upous. the inauguration just 15 days until donald trump moves into the white house. but some americans still hanging on. their desperate push coming up next. melissa: also, have you fortuning about the huge border wall? neither has the president-elect

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. melissa: breaking news right now. shares of macy's continue to fall now down 9%. david: ouch. melissa: after hours. the retail giant announcing to cut more than 10,000 jobs with 68 store closures and restructuring. today's moves are expected to generate approximately $550 million in annual expense savings at the beginning of this year. the company also posting disappointing holiday sales. down more than 2% for the season. david: i hope those 10,000 can find jobs elsewhere. meanwhile, some more big transition news out of trump tower today. the president-elect is

nominating jay clayton as the chairman of securities commission. clayton is currently a partner at solomon and cromwell. the soon to be president is scheduled a press conference next week either wednesday or thursday. we'll keep you posted with the details. melissa. melissa: gearing up for battles with the president-elect. california lawmakers hiring former attorney general eric holder to represent them in any legal fights with the trump administration such as -- criminal justice reform. here now sabrina shafer of the independent women's forum, political adviser, she's also a fox news contributor. sabrina, i will start with you. what do you think of this move? >> well, i don't think it's terribly surprising. california is a state that voted for hillary clinton by 4 million votes. they know there are a lot of states when it comes to regulation like climate change, immigration, criminal justice reform. and i think they're saying, hey, we're going to pull out

sort of the heavy weights here, and they very much are with former attorney general eric holder at the helm. so i don't think it's surprising. i'm not sure they will have as many battles as they think they will, though,. melissa: when i hear about the state of california making this hire to battle the federal government, all i see is tax dollars fighting tax dollars. it makes me very sad. >> well, i'm sure california does not want to spend this kind of money, but i echo everything sabrina said about the state's rights all the time. it's a phrase republicans and conservatives like to use a lot. you know, the state of california has its priorities. and the federal government has its priorities, obviously federal law proceeds, federal law proceeds. the states are able to act in their own interest. i think this is an example of where they're trying to act in their own interest. melissa: yeah, that's a good point. a push to keep trump away from 2020. several lawmakers are proposing a bill that requires candidates to release their

tax turns in order to appear on the ballot of the state. which some are calling a direct jab at the president-elect who refused to make his tax records public. sabrina, this is an interesting one to me because let the people vote. he didn't release his tax returns, and that was certainly made a big issue, and it made a lot of people uncomfortable. so it's almost -- i mean, it seems almost counterintuitive to force them to do it. you take away that as an issue that you could beat trump with. e idea that he didn't release his tax returns. no? >> yeah. look. i think this is a fever dream of the left. where does this stop; right? you must release your tax return. how about your health records? how about your grades from high school or college. the reality is that states all have different, you know, rules that are put in place for the ballot process. we can't necessarily, you know, sort of logistically handle 5,000 candidates, so candidates are expected to have a certain number of signatures. a certain number of dates. things like that. but this are all managerial,

administrative so to speak. this is something very different, and i don't think this will stand up in a court of law. melissa: julie, do you think it will stand up in a court of law? >> i'm not a lawyer. i've heard both sides. some people claim it will, some claim it won't, they have to pass it and take it to court if people oppose it. i will say as somebody who has worked for a ton of candidates over the years. any time i have a candidate run for senate or governor, they have released not just their w-2s but really extensive, extensive records to appear any clearance of. and elected officials transparency, it's disclosure. so i think you have to do this not if you're running for any federal office, that would be a very good policy not just for president. melissa: interesting. david. david: conservative groups are worried that president obama may start a legal battle to install so-called midnight regulations before he leaves office. conservatives have pinned a letter to vice president elect mike pence urging his income

administration to withdrawal immediately from any quote last-minute legal unorthodox midnight litigation, end quote. americans for tax reform is a cosigner of that letter. he joins me now. so, grover, i was looking at one organization put out 40 regulations that could cost a total of $75 billion over the near term. one of those regulations had to do with efficiency standards for heating equipment. i mean, they're getting in the nitty, gritty details here, aren't they? >> they are. i count about 48 last-minute regulations between now and when obama walks out the door. he certainly been putting them out over the last several months. we can go back with a congressional review act, congress can, and undo with it a majority -- simple vote in both houses. anything that took place since june 13th. david: uh-huh. >> of this -- of last year now. 2016. the challenge is probably need

60 votes in the senate and so obama's hoping he can get these regulations out there, and they'll stick. there's also a concern that he will start litigation. start lawsuits that can have a momentum of their own that ought not to happen. but we're just calling on the vice president to keep an eye open for those and make sure that the incoming folks in the various departments shut those down immediately. david: well, i'm just wondering if ts is all about roadblocks just to make life tougher for the trump administration. what's the emergency that requires efficiency standards for heating equipment? i didn't realize we had an emergency about that. >> well, if there was one, it probably existed a year ago, two years ago, three or four, five or six -- eight years ago. these are things that obama was embarrassed to put forward not only before his reelection campaign but before hillary clinton's eltion. that's how ro rotten efforts are at they don't stand the

light of day. you would think if they were a good idea, you would be proud of them, and he would have done it year one and say look at me. aren't i cool? instead, these come in at the end because they don't pass the test. david: i ask you every time. i have to ask again because once again, people are nervous about not hearing a lot of discussion of tax cuts. they were such an instrumental part of president-elect trump's campaign. they could be so instrumental in getting the economy moving again if they are delayed, we will probably delay the process of getting the economy moving again. what's the latest? are you concerned that other things are being put ahead of those? >> no. first they'll do the eliminating obamacare, repealing that. that's about a trillion dollars tax increase right there. not a bad first start. then the tax cut. tax reform, which will take corporate rates down to 20%, go to full expensing, territoriality, reduce the rates for individuals from 7

down to 3. all of this will happen in the house in the first 100 days, and it will be out in the senate and on the president's desk within six months. this is going well. david: grover, stay on their heels. we're counting on you. okay? >> absolutely. thank you. david: melissa. melissa: president-elect trump working behind the scenes to make good on another campaign promise. his transition team has asked the department of homeland security where the barrier can go and how much money is available to build it. the dhs has identified 413 miles along the border to the tune of more than $11 billion. but mexico's going to pay for it. david: and there will be a wall. melissa: i couldn't resist. david: dozens of commuters injured after a train derailing in brooklyn, new york. the very latest on what investigators think caused the crash as soon as i left the hospital after a dvt blood clot, i sure had a lot to think about. what about the people i care about?

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david: passengers describing it as quote total chaos. more than 100 people injured after a commuter train crashing into a new york city terminal, was tossed off the tracks. fox news laura is on the scene in brooklyn with the very latest. laura. >> this happened one of the peak hours of morning commute. it really couldn't have happened at a worse time. emergency responders getting a call just after 8:00 this morning after a long island railroad train carrying over 400 passengers crashed here at the atlantic terminal. as of this morning, more than 103 passengers being treated for injuries. most of them minor. one report of a possible broken leg. one passenger felt a jolt, which sent many people flying. many people were standing up preparing to get off the train, the crash sending all those people into walls and windows, onto the floor. at first, it was silent, this passenger said. and then people started calling out to each other, and

then he heard the sounds of crying as people realized they were banged up and in some cases bleeding. the initial emergency call went out that this was a train derailment but after first responders arrived on scene, they discovered it was a slightly different situation. >> not that it derailed, the train hit the bumping blocks. when it hit the bumping blocks, it basically bumped it off the tracks, so it wasn't really a derailment. it was a train that didn't stop when it was supposed to, hit the bumping blocks at a fairly low rate of speed. >> the chairman, which runs the long island railroads says the chair engineer conductor and brakeman have been held this afternoon and will be interviewed to find out exactly what happened in the moments before the train hit that bump or blocks. the federal railroad association and ntsb will have teams investigating today's incident. while there are many questions, the two key ones

are was this mechanical and is there human error involved? david: laura, thank you very much. is it. melissa: a word to the wise democrats. your password should not be password. david: no. melissa: i mean, come on. how julian saida 14-year-old could have hacked into hillary clinton's campaign c'mon in, pop pop! happy birthday! i survived a heart attack. i'm doing all i can to keep from having another one. and i'm taking brilinta. for people who've been hospitalized for a heart attack. i take brilinta with a baby aspirin. no more than one hundred milligrams as it affects how well it works. brilinta helps keep my platelets from sticking together and forming a clot. brilinta reduced the chance of another heart attack. or dying from one. it worked better than plavix. >>don't stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain,

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14-year-old kid could have hacked. . melissa: here now is morgan cyber security expert. okay. so this ridiculous that we know from these e-mails that john podesta responded to a fishing scam, which we've all been trained not to click on this links. so that in and of itself is a little alarming. but then he responded in the e-mail telling his staff that his password is password, which is also beyond stupid. but if you put all of that aside. >> right. melissa: in your mind, does is make it less likely that the russians hked since, like, my 10-year-old his mind craft computer camp class could all do this and hack into his account by virtue of how ridiculous this is. does it make it less likely for the russians or easy for the russians? >> i suggest that the kids in your son's class do not engage in this. it will scar them for life.

this is something $5 -- literally $5 could have solved. and i'm not a spokesman for google. i run everything off of google. i have my accounts there and $5 per person per month i can enforce policies, passwords, if they had just done something as simple as $5 per month, we wouldn't have been hearing about positive dessa's e-mails. melissa: yes. i'm sure they're all taking note of that. i don't know if you have the answer to this. i'm going to put you on the spot. why have we not seen any e-mails to or from hillary clinton? clearly at some point she e-mailed john podesta, and he e-mailed her, and we've seen a million e-mails back and forth from positiv podesta. i always expected it in the last day of the campaign. >> well, look, if you believe in conspiracy theorists, and i just listened to a unique video that judge napolitano did. it was posted on facebook talk about they said it was some

people inside the nsa, you know. so you could read into that what you want. it would seem not to serve russia's interest if they are behind this not to release everything, including that. but on the other hand, if there's something really good in there like classified information, they may not have wanted to tip their hand too much. there's just no easy way to sort this out, which is the problem of cyber space, melissa. it is very -- somebody launches a missile like north carolina, instant attribution, somebody launches an attack in cyber space, a little bit more difficult. melissa: do you think it was russia? >> i think their fingerprints are all over it. whether vladimir authorized it or not, he would have to. but the report they issued wasn't up to snuff. melissa: thank you very much, morgan. we love having you go on. >> thank you. david: he is great. melissa: he is smart. david: well, hollywood celebrities once again living in their own bubble. how they're now begging congress to stand up to president-elect. >> dear members of congress.

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melissa: believing their opinion matters more than the american voters. david: celebrity call on congress to come together and obstruct the agenda of donald trump. >> you are our last line of defense. >> here is what we ask of our elected officials. >> here is what we demand. >> to extent that trump pursued racist -- antienvironmental policies. >> we demand you vigor usually oppose him. david: these folks put together humanitarian for hillary, that did not go down so well.

melissa: they start to, extent he pursues policies that are antiwomen. david: what bothers me about steve, i did not think he is political but he was part of this, that bothers me. melissa: "risk & reward" starts right now. >> we will repeal and replace obamacare. >> we will and must repeal and replace obamacare. we have no choice. >> we're going to repeal, and replace obamacare. we have no choice. we have no choice. liz: the battle begins, the push to repeal and replace obamacare, president obama making a rare visit to capitol hill to urge democrats to save his signature healthcare law. with that his legacy.