all right. we have 20 seconds before that closing bell rings. i'll be back here tomorrow at the consumer selecttron is show. we are look at a record for the nasdaq. david: wall street sale braight a new record high for the nasdaq. the dow and s & p 500 are closing lower. melissa: on the record, top intelligence officials telling the senate armed services committee that russia with its advanced fiber programs is a major threat to america. they say they are confident russia interfered with the election. senate democrats are trying to

block the republicans' obamacare repeal. this charging form african-american teens with a hate crime over the torture of a mentally challenges man in chicago. david: exxon and american express where among the biggest drags on the markets. watching the action from the cme. lori, why did the nasdaq go to new highs today? >> let's look into that. let me show you have the names thad that pushed the nasdaq to this record. the first day of this brand-new year, we you have a declined in the indexes. the pharmaceuticals up 9.5%. this is the biggest percentage

jump in two years. amazon always a winner, especially with the terrible news on the department stores. such bad news. big declines there. house the benefactor? amazon. yahoo is up 3%. verizon is investigating whether the data hack will make a difference in whether they will go through with the $5 billion deal. toyota has the auto companies object target. it's opening plants in mexico. trump is saying build that plant in america. a world professional, 10 manufacturing facilities, they g with the trump administration.

disney is expected to launch a direct to consumer spn service. a lot of news today. melissa: gold settling at a five-week high today. what's with it for the turnaround. >> there is also talk, a lot of physical demand for gold, especially in china where they are putting on currency controls. that helped the gold out the last couple days. what a wild swing today. the market initially took that as bearish. they reversed and turned higher. saudi arabia wan to set a good example for everybody. they said they will fully implement their production cuts and that brought the market back up.

the energy information administration says the u.s. is going to be a net oil exporter by 2026. that's the first time since 1953. basically they say the u.s. can be energy independent by then. david: the big december jobs number comes out tomorrow, but markets singing today even though jobless claims hit near 43-year lows. what is dragging the indices lower? lenore, 23% of americans are out of work right now. people in their prime years are out of work. it isn't just the retired people and the younger folks who can't get a job. it's the folks in the middle. isn't that the main story when it comes to jobs? >> yes, we have an unprecedented level of people working age

population who are unemployed. we have the% of people from 2d the percent of people from 25 to 35. the number of them back in the labor force is back where it was in the early 1980s. income has been stagnant. personal earnings, since july they have been trending down. david: i'm wondering about roadblocks to trump. the president has put up a lot of midnight regulations. is that one of the things dragging the markets down? we don't want to get into a trade war. a lot of the products we have including phones is because of trade overseas. they are knead cheaper over there. so that's a big impediment. when we look at some of the

economic numbers, look at productivity. it peaked in 2004. part of that is regulation. hopefully with donald trump coming ihe will reduce some of that. the labor participation rate is at an all-time low. we are seeing volatile numbers so we can't hang up on a bad number should wer we get a good number. melissa: feeling the blues. department stores getting killed after macy's announcing they are closing stores. >> i don't think the industry is slowly dying. i think it's answer overall system problem. we have seen foot traffic down 15 per very while we are seeing online go up. but there is going to be a tipping points. people like to bring back the items they buy online if they

are going some swap them if the size doesn't fit them. they need to have a brick and mortar company. we are going from noble shopping. melissa: but is this political? trump made macy's a big target every since they stopped carrying his brand. he says those who believe in tight bored were security and -- tight border security. do you have think it had an impact? >> trump has been following a policy of using the stick to coerce businesses into doing what he wants them to do. i'm not sure we wants a president who is using the power of the presidency to threaten via twitter. david: amazon is in the running

for buying american apparels. this is a move that's say will save thousands of american jobs and ease tensions between donald trump and jeff bezos. isn't it good perhaps amazon could be branching into an area that would save american jobs? >> i like to look at businesses that make decisions that are in the best interests of shareholders. i don't like to have a president who coerces businesses into doing what makes him look good. the more profitable a business is, the more it can grow and eventually hire. david: i agree with lenore in a perfect world. i remember reagan doing the same thing to japanese companies.

he was a big free trader but he had to twist arms as well. >> it's pretty funny they are trying to show a peace offering by saving american apparel. people want a quality. so this is a good thing tore amazon should they need a fulfillment with quality products i think donald trump when he gets the@potus handle. we don't know, but let's hope. melissa: apple is pulling the "new york times" from its app store in china fooling request from the country's government. the move is raising eyebrows. senator tom cotton say knowledge it's a sad day when a great american company becomes

complicit with censorship. apple's claims it's come plying with chinese law rings hollow when it openly challenged the u.s. court order to assi in a terrorism investigation and unlock the iphone of a dead isis terrorist. >> ty shall helping terr in the u.s. but going along with china. >> they when they were asked to open the foreign, they felt it would reaccumulations phones in the united states. in china, if they don't comply, they are kicked out of an ormousrowing market. melissa: it's all about the dollar for apple is what lenore

just said. >> it's a tough market. even them getting some copyright infringements and other knockoffs. they need to play ball with the child sees government if they are going to sell devices over there. that's why google and facebook aren't there. they have have their own companies and they are doing exceptionally well because they are playing ball with the government. apple made the decision this is a market they want to be in. starbucks is another company, they want nobody that market. as a shareholder, you don't have to own the stock. david: a prominent climatologist is choosing to resign a tenured position rather than continue to navigate what she calls the craziness of clue map the science.

melissa: democrats trying in vain to block the gop's obamacare repeal. senator rand paul has been outspoken about what needs to happen rightow. he will join us. david: top of intel officials calling the russian hack the most aggressive election interests force they have ever seen. is could lead to a showdown between the intel community, the congress and president-elect trump. ttotaled new car. your 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. i use what's already inside me to reach my goals. so i liked when my doctor told me that i may reach my bloodugar and a1c goals

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intelligence officials holding a hearing over claims of russian hacking interfering with the elections. reporter: testifying before the cameras and the american people saying it is the belief of the intelligence community that russia tried to interfere in the runup to the november election. however, mr. clapper could not say if those efforts were successful in change the outcome one way or another. additionally he said their efforts went far beyond cyber. >> there has been a lot of focus on the hacking. this is part of a multi faceted campaign that the russians mounted. whether it was r.t., use of social media, fake news, they exercised all of those

capabilities in addition to the hacking. reporter: wikileaks posted some damaging material that turned out to be damaging for democrats. julian assange said on fox news it was note russia who was that the source of that material for them. president-elect trump made mention of that in a tweet. and he received some criticism for that. however, he pushed back sayinged the following, quote, the dishonest media likes saying that i'm in agreement with julian assange. wrong. i simply state what he states. it is up to the people to make up their own minds. ed the media lies to make it look like i'm against intelligence when in fact i'm a big fan. melissa: he put intelligee in ques.

david: bill gavin, the former f.b.i. assistant director. any lingering doubt in your mind as to whether the russians were behind the dnc hacks? >> there is enough information in that the intelligence agencies have right now to solidify the fact they were involved. david: do you think it was just mischief on the part of the russians to like to screw up things in this country. or was this a specific attempt to try to get donald trump elected? >> i think it russians while they are up to mischief also have a much more grave look at things. and what they did probably did not get machines to count votes. but what they did through the social media and through hacking, create an environment that probably suited donald trump more than hillary clinton.

>> but intent. do you think they had an intention and all the intel guys say fit was russian intelligence involved, that means putin had a hand in it. was putin actively trying to get donald trump elected? >> i don't think there is any doubt putin was elected. nothing on this scale is going to happen originating from russia that he's not involved in. david: jim clapper said specifically that everybody is doing essentially what did to hah larger or lesser degree. let me play the clapper quote and get your reaction. >> people who live in glass houses need to think about throwing rocks. we and other nations conduct similar acts of espionage. so if we are going to punish each other for acts of espionage, that's a different policy issue.

david: do we do the same thing? >> there is no doubt about the fact that we do. we talk about china being able to shut down our infrastructure. we can do the same to theirs and probably do more catastrophic damage. we don't do it because of that push and shove con that go on all the time. david: you have to lock the doors, unlike to john podesta and hillary clinton. they were make it easy giving password like "password." >> that makes absolutely no sense. i don't know how to explain something as dumb as that. >> bill gavin, thank you very much for coming in. appreciate it. melissa: the president-elect blasting the media over his comment on julian assange. torture revealed live on facebook. what is mark zuckerberg going to do about it.

>> it's sickening. it makes you wonder what would make individual treat somebody like t

melissa: donald trump blasting the media for saying he agrees with julian assange. he tweeted i simply state what he state. it's for the people to make up their own minds as the truth. the media lies to make it look like i'm against intelligence when in fact i am a big fan. one of the problems in that tweet is he put intelligence in quotes which make it seem like he's being sarcastic. reporter: the president-elect has made a political career out

of bashing the dishonest press and he has a right to do that. i think it's fair to look at the unusual spectacle of the incoming president retweeting the comments of a man on the run from sexual assault allegations and has been criticized by many conservatives or endangering u.s. national security by disclosing classified information. trump didn't endorse assange but he did echo some of his arguments saying russians were not behind this. and he has been sceptical toward the cia. melissa: he said julian assange said a 14-year-old could have hacked podesta. and he said the russians did not give him the info exclamation point. what he said was he didn't

receive the information directly from a senior russian official or the government. the statement he made, there were a lot of ways to drive through it. and he says, didn't get it from the russians exclamation point like he said the russians had nothing to do with it. >> course there could have been a middleman. donald trump views this as an attempt by democrats and liberals to use this question of russian hacking. even though everybody knows it didn't tip the election, to undermine the legitimacy of his presidency. he's going to seize on that, and he has this knack for turning it back on the press. either he doesn't like the coverage the what it's been hand by the media, or the media are a convenient foil for him to score some points or both.

melissa: the president-elect has no plans to stop tweeting. sean spicer is defending the president-elect's use of twitter. >> there is a misconception that he's randomly tweeting. he knows exactly where he wants to end up on a particular subject or outcome. reporter: does that give you a little heartburn? >> when people talk about twitter and the president-elect's use of it -- reporter: he's going keep doing it, right? >> of course he's going to keep doing it. melissa: they sit there and talk about it. they know what subject he's going to tweet on. it's clear he's doing it on his own. they don't necessarily know what's going to happen, but they are trying to say it's not off the cuff. >> well, in some cases that might be true.

in other cases you can tell donald trump is reacting to something he saw on cnn. i don't think the 140 characters is the best for or disssing the american nuclear arsen. if we went live to donald trump's statement or chatting with reporters of course we've put it on the air live and then you dissect it and analyze it and fact check it. he has 18 million followers. it works well for him, and the press needs to get used to it, whether journalists think this is the proper way to conduct diplomacy or policy. melissa: the more he anoits the press, the more he will do it. howard, thank you. we love to tune into "media buzz" sunday at 11:00 a.m.

eastern on fox news channel. david: today there is good news for gap it's reporting an increase in holiday sales. it was up 2%. the news sending shares up 10%. melissa: making sure the red tape doesn't stick. how congress is making sure the president doesn't push through any more midnight regulations. >> the president-elect is calling out the clowns in congress by name and calling for an obamacare replacement. new details on the president's signature healthcare law. the legislating of obamacare will happen this year.

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melissa: senate democrats failed to push an amendment to block the we peel of obamacare. trump tweeted, instead of working to fix it they blame. the fact is obamacare was a lie from the beginning. keep your doctor, keep your plan. it's time for republicans and democrats to come together and couple with a healthcare plan that really works, much less

expensive and far better. joining me is senator rand paul from kentucky. are we getting any closer on either side? >> i'm still wondering whether he meant funny tore scary clown. i'm not positive exactly what the president meant there. but we are pretty far apart as far as parties. the democrats are smarting from being defeated in the election. but the american people want less expensive health insurance. they want to make choices on who their doctors are. they don't want to be injured if you own a pest control, they don't want to be injured if their spouse gets cancer. there are answers that don't bankrupt the country and take away your choices. melissa: i know you have specific ideas. you wrote a great op-ed.

you advocate for being able to buy across state lines and buy catastrophic insurance where you are only insuring against big disasters and there is a lower premium. you talk about a higher risk pool whether you come in by association or across state lines. do you still advocate for a band-aid? >> i advocate a full replacement the same day we do the repeal. we have a bizarre insurance market that if you own your small business and it's just you and your spouse, you buy insurance as a pool of two people. we should let you buy it as part of an association where you can join together with tens of thousands if not millions of people to have leverage to lower your price and to be protected against preexisting conditions. it already exists. but the goassments limits how

many organizations can sell this insurance and the rule are the too strict. what we need to do its expand that wide open under the plan that city would have, nobody would be left out in the cold buying insurance by themselves. everybody would be part after large voluntary association. it could be people who like to read library books. you would be part of that. tens of thousands of people would buy their insurance together. melissa: is there support for what you are talking about? >> virtually every republican is for that concept. congressman tom price, it's one of his ideas. so yes there is a consensus. my point is don't sit our and not put forward arm reeve placement because then the disaster that is obamacare will continue to unravel and they will try some say it's your fault. i want to put a replacement in place immediately.

melissa: cough say you have a plan that's a replacement? when democrats say there is no plan, this consensus around a coherent full plan right now? >> yes, there are probably four dozen bills to replace obamacare. i'm in the process of putting them together. by next week i will have a composite bill that always replacement with the five most important ideas in a bill ready to goat same day we do repeal. melissa: would you come back on when you do that? we care about that here on the show we understand money and we understand business. we would love to hear your details. i hope you come back. david: and he understands medicine. he's a medical doctor as well. david: a house passing a bill to overturn president obama's midnight regulations. here is steve moore, trump economic advisor.

i look at the market slowdown. the dow can't pop over 20k. and i'm thinking maybe these roadblocks are one of the reasons why. what do you think? >> people in the market know those rules won't live back january 21 or 22. david: carl icahn knows how the to make things happen. he will be in charge of deregulation. you are saying it will just take a couple days to get rid of all these midnight regulations? >> it could. it depends on how aggressive donald trump wants to be, how quickly he wants to go -- whether they will dribble out one 350e repeal after another. i heard some talk you have huge stacks of executive orders ready to go literally january 21, the first day donald trump is in the executive office. there is a problem and i think barack obama is facing, if you

live by it executive order as he has the last four years, you will die by the executive order. the incoming president can replace those. the conversations i have had with donald trump and his operatives, they say this always high priority. we rea choke off of manufacturing, transportation. david: everybody who is going to be in power aggrieves with that. we heard rand paul talking about how there are plans to replace obamacare. specific plans. probably more chief stailts outfliend those plans than what brought us obamacare in the first place. are there bluer blueprints that donald trump can put on the table and get going with right after he's nawk inaugurated? >> deregulation is easy.

taxes, there is a big discussion about how to do this, the sequencing of things. there is a plan to reform the business tax code which is where you get a lot of the economic use. but there is also a major components of dealing with individual tax rates. the two things would be done together. do you agree or do you have doubts that's possible? >> i think if i were the czar, i think i would do them sequentially. i would do the business tax cut first and try to get that doesn't first 100 days. you do the business tax cut. david: democrats will call it helping corporations tax cut. >> let them do that. i think the american people can connect the dots. you need healthy businesses to have healthy jobs.

then you do the individual tax right reductions which helps middle class americans. david: final question, larry kudlow, where its he? why isn't he the head of the cea? >> he's my buddy web's my brother. as of this moment, no announcement yet. melissa: outrage across the country. the disturbing crime and torture of a teenager with special needs streamed live on facebook. >> kids -- they are legally adults. but they are young adults and they make side decisions. ing yo, you want to protect it. at legalzoom, our network of attorneys can help you

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david: a special needs white man kidnapped and tortured byou blacks and necessity streamed it on facebook. kevin jackson joins us to weigh in. just imagine what would happen if this were a bunch of trump supporters who kidnapped a black or muslim man, taped him up, spent hours torturing him and let him go. how do you think it press would have reacted differently? >> it would be international news. how pathetic when you think about this when we have to think about this in those kind of terms.

and we can't just think about the inhumanity of what happened to this young man. but the narrative for trump supporters is they are mean spirited and out to get people and it's just the opposite. the people who do these types of things are the democrats, they are the ones who stoke these people into a frenzy, then say, oh, no, let's point at the trump people. david: the people who pushed for the termination of hate crime in the first place are reluctant to apply it to a case that's so clear. a democratic analyst. let's play her and yet your response. >> we cannot callously go about classifying things as a hate crime. david: you are callous if you describe that as a hate crime. >> i personally do not believe in a hate crime.

i think crime is crime, i think all crime originates in some form of hate. when the liberals wanted to make something like hate for white kids having done, trump supporters having done this to a black special needs kid we would be dealing with this in a different way. david: torture is torture. i don't know why we can't understand that. the police response. at first they said this could have just been kids ranting and raving. kids will be kids. what's up with that? >> that's ridiculous. that's another form of, if you don't understand it, blm supplants all lives matter. that's just a band-aid the left wants to put on these young black thugs. they are thugs who did something really bad, and society has been pushing them in that direction.

this kid caught the brunt of it. look at some of the thing that happened since the time of tray onmartin and michael brown. >> kevinkson, thank you so much. >> teaching america's students to respect free speech, unless it's about the president-elect. one college is giving credit to student attend taken anti-trump teach-in. your insurance company

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melissa: the anti-trump curriculum. two departments are sponsoring

annti-trump teach-in. fred barnes, and marcie stetch. marcie, does it make sense to you? >> give the students what they want. i know that millions of young people are engaged. they are fired up and they are pissed off. they are look for community and a way to connect with others and talk about this new era. there will be a lot of people disenfranchised by this administration. donald trump has already shown unprecedented levels of conflict of interest and disregard for the american people. it makes sense the university would coffer this. melissa: i'm sure part of the course they will examine all the emails that came out of the clinton campaign where they said ugly things about catholics and anyone who didn't share their religion and where they really

were totally intolerant of anyone who wasn't exactly like them. do you think they will dedicate equal time to those emails that are in black and white sharing the thoughts and feeling inside the clinton camp? >> of course not. you won't get college credit for doing that either at any college i know of. the problem is the liberal bias on campus is something parent need to know about. you can easily find out by talking to the students who recently graduated and who are still there. are there teachers who indoctrinate rather than teach? and you want your kids to avoid those. they shouldn't just send someone off to college and not know what's going on at school. david: at $60,000 a pop. a leading scientist resigning

her position at georgia tech. saying i no longer know what to say to students on how to navigate the casiness in the filed of climate science. research and other professional activities are only rewarded if they are channeled in certain directions amoved bring a politicized academic establishment. it often becomes a battle of scientific integrity. >> i think it' disappointing she is leaving. but she knows exactly what she is doing. we see a politicized academia. and it's something, david, as you and melissa know, free

speech is uttered least on college campuses. david: liberal arts college means open to all ideas. but marcie, on climate science according to this womb and it's only open to one idea and that idea is not necessarily scientific. this woman, judith curry is the former chief of the school earth and atmospheric sciences at georgia tech. she is a real heavyweight climatologist, marcie. >> i don't envy fred's or miss curry's position to have to defend the idea that climate change is a hoax. 97% of climate scientists believe it's occurring. david: i hear that figure all the time. the reason is if you say anything opposed to that politically correct attitude,

it's career suicide as this woman says. and she knows what she is talking about. i'm not a scientist, you are not a scientist, she is, that's what she is saying from the inside. >> facing are indisputable. the facts are the climate is warming. for students look for information to build community and to grow and expand, they -- david: you can't expand in a closed environment. liberal education has lost the idea of liberalism which is an open mind. you can catch our full interview with judith curry tomorrow at 4:00 p.m., right here on fox business. it should be exciting. [vo] quickbooks introduces jeante

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melissa: teaching your child to enjoy the great indoors, fisher-price, has a high-tech exercise bike toddlers.

david: the kids can burn calories while interacting with gaming apps, i say watch out, imagine if this is a virtual reality thing set up like this. "risk & reward." melissa: you don't like it. melissa: david: i don't like it. "risk & reward" is now. liz: we want to warning this video that was broadcast live on facebook is disturbing, it shows an attack of a mentally disabled 18-year-old man, he was bound, and gagged. suspects put a knife to his throat, and made him drink from a toilet, a. >> it went on for a half hour. i am elizabeth macdonald in for deirdre bolton, chicago police officers announcing