so if you have corporate tax cuts that helps improve earnings further, that basket goes up by repatriation. i think it's a result. >> jeremy, we bump up against the closing bell. he's with wisdom tree director research. thank you so much. it is the fourth record in a row for the nasdaq. not bad. nice day for the nasdaq. 60 new highs. david and melissa. pick it up here for after the bell. melissa: all right. techs take the lead once again another record day for the nasdaq. the fourth in a row while the dow struggling for gains. i'm melissa francis. david: and i'm david asmand, this is after the bell we have you covered on stocks but here's what else we have for you this hour. trump's cabinet picks getting grilled. on the left is senator jeff sessions up for attorney general. he's been responding to charges saying he is racist potential prosecution of hillary clinton, immigration, and extreme vetting. on the right trump's pick to head the department of homeland security, general

john kelly. he's going to be taking questions on immigration and the border. we are monitoring them both, and we will take you there live. meanwhile, president obama leading the white house at any moment to deliver his farewell address in chicago. of course, that's a city that has seen nearly 4,000 murders during his presidency. and the fight continues over the hanging of a painting on capitol hill depicting the police as pigs. congressman dunkin hunter was the first to take that picture down. but guess what? it is back on the walls of congress today. he joins us this hour. melissa. melissa: all right. the dow stocks sinking in the final moments of trading. caterpillar and home depot while procter & gamble are the biggest drags. phil flynn will tell us more about that coming up. ashley webster is on the floor of the new york stock exchange and, ashley, you have some breaking news on dreamworks right now. >> we do, melissa. veteran warner brothers executive is now going to

become the new ceo at dreamworks animation. has been president of animation and technical innovation of warners. he of course will replace jeffrey, the long time head of the dreamworks animation studio. moving to a new media post with comcast, nbc universal, of course taking over $3.8 billion purchase of warner brothers. so there you go. changes the top. katzenberg out. interesting story about chipotle mexican grill. this is a stock that has been languishing after several attained foodout breaks last year and 2015. but finally, maybe a light at the end of the tunnel for chipotle. they say that sales rose 15% last month. that compares to a 30% decline in the year before. the burrito chain trying to recover and with that news.

and, by the way, the wall street journal are reporting walmart set to cut hundreds of jobs before the end of this month. the journal says that mostly will be coming those cuts will be coming at walmart's headquarters and especially in the human resources department. nothing from walmart on that but the stock itself finishing down just slightly today. but changes at dreamworks, guys, that's the breaking news after the bell today. melissa: ashley, thank you. phil, gold on the rise settling at its highest level in six weeks. what's the driver there? >> a lot of things at play here that have been very, very strong. physical demand for gold. partly because it's the chinese new year and some concerns about what's happening with the chinese economy. so you're getting that double bang and for people to buy gold because of china. but we're also seeing something interesting that's actually impacting the oil prices well today. they're rebalancing the goldman sachs commodity index. that's the s&p commodity index. they announced yesterday that

they're going to be reducing their holdings of energy to the lowest level since 1999, reducing it by 6%. and when they do that, they sell those energy holdings they buy other commodities. gold is probably one of them along with other commodities. so a rebalancing and rewaiting on the s&p, goldman sachs index probably cost some of the rallying gold the last couple of days. back to you. melissa: phil, thanks for that. david. david: well, billionaire jeffrey has never seen market sentiments flip as quickly as they have. take a listen. >> so a little bit strange how people change their attitudes so quickly. i don't think i've seen such a 180-degree turn in sentiment ever in politics or in financial markets. i wonder if it will last because, you know, it's not linear. david: let it last. joining me now is scott martin of kings view asset management fox news contributor and dan of the wall street journal. scott, i want to go to you first because we have this optimism in small businesses now.

there's never been more optimism for small business than there is right now. in addition to what's happening to stock market, the high fliers, the corporations is all of this justified? >> i think it is, david. from the consideration of the standpoint from which we came; right? i mean, the last few years have been absolutely torsional small business. absolutely low. so it makes some sense that we had this rocket up, and we had a change in the administration and the change in the outlook. but i'll tell you something interesting that mr. mr. mentioned. they've done both with regards to bond and stocks. but i just we're building a platform for the next move up, which is in the donald trump administration. david: nice. well, most businesses are not big corporations. most businesses are small corporations. the owners pay -- they pay taxes on an individual level, not on a corporate tax. that's why a lot of people say it's important for donald trump if he cares about small business and its growth that he cuts taxes across the

board. don't just start at corporations. do an across the board tax cut that includes those small businesses. >> and i think that is the expectation, david. let's make a political point here. one of the commentaries i saw on the optimism of small businesses is that they're, quote, unquote, overwhelmingly republican. interesting point as opposed to what? the democrats who i have argued have really separated from the private sector. they don't understand it and through the eight years of the obama administration, the regulations and the regulatory overhang is something they just didn't even appreciate what they were doing to these smaller businesses, which now see the trump presidency as an opportunity to get back to the business of doing what they like most. building their companies. melissa: absolutely. taking a liking to some of president-elect's policies, jp morgan and chairman ceo jamie telling regular people why they will like a lower corporate tax rate, speaking to fox business' own maria bartiromo. >> so we reduce the corporate

tax rate and allow to repatriot, will have capital come back to the united states, more investment made here, so, yeah, i think there will be a very big positive. i think it's very important that the public understands that a lot of studies show when you have corporations with lower tax rates, one of the big beneficiaries is wages. they compete. they compete, you know, hard to grow and expand. so, yeah, i think i'm hoping that will lead to a lot of growth. melissa: so, dan, that's a point that so many people miss is that when you're looking at the cost of doing business, wages to your employees compete with taxes. those are both the cost of doing business. when you lower taxes, you have more money for wages. wages go up when you lower corporate taxes. >> exactly right, melissa. melissa: right? >> exactly right. and it isn't only taxes but wages are competing with, say, regulatory costs. what's the biggest word of the last five or six years? compliance cost. as well as health care cost. and for an employer, those are all along a spectrum of costs that they have to deal with. so if one of them falls, say,

compliance cost or tax costs, that leaves money for the possibility of raising people's wages. that's what jamie diamond's talking about. melissa: scott, you agree with that? >> i do. the regulatory point is well point. and i'll tell you if you're sitting at home watching us on tv and driving your car or listening to us on the radio, the best thing to do if you're looking for a job is lower taxes and lower regulations because this will allow companies to hire not only pay their current workers more but pay you something as part of a hiring program that they're likely to in fact. melissa: very good point. david: meanwhile made in the usa, apple may still make their iphones overseas. but they are announcing plans to build a global data command center in arizona to conduct high-tech manufacturing. this after coming under repeated fire from the president-elect on producing their best-selling products overseas. dan, i'm just thinking, it could either be that the companies are trying to suck up to trump insides honeymoon period, or they really believe that in the future under trump, their costs are going to go way down, so they can manufacture here. >> well, david, i think it's a

little bit of both. i mean, i have here an entry in the federal register from yesterday by apple applying for this plant to be qualified as a foreign trade zone in mesa, arizona. what that would mean is they would eliminate customs duties on equipment wholly manufactured inside that trade zone. they would not have to pay on the parts manufactured overseas. and this could be a way of apple shrewdly trying to protect itself in a foreign trade zone against the possibilities of trump's actions from products imported from, say, china. melissa: all right. mercy meyers stepping down from the board of yahoo but not before receiving a hefty 132 million-dollar golden parachute for her time at the company. scott, does she deserve it? >> not too bad of a pocket change there, melissa to destroy shareholder value over a handful of years.

one defense of marissa meyer's corner here, she did try. if you look back in the first few years when she got into yahoo, she did more deals than almost any ceo in the street. so she was trying to help the company. it's just the leadership failed, and she's out of there with a nice parachute. melissa: certainly. thanks, both of you. david: well, back on the walls, tempers are flying as anticop painting is rehung on capitol hill. carson hunter took it down last week. he says he will take it down once again. we have late-breaking news. wait until what happens. melissa: president obama will give his farewell address touting his successes over the last eight years but what grade does the military give him? the results of a brand-new study. david: and we're the result of two separate hearings going on at the same time. general john kelly fielding immigration border security where his job as homeland

security director and jeff sessions continuing his five-hour grilling so far for his nomination as attorney general. here he is defending his record on civil rights. >> i'm for the client and what it represents. i did not hoosier in raced-based discrimination. ideas that i was accused of. i did not. when it comes to healthcare, seconds can mean the difference between life and death. for partners in health, time is life. we have 18,000 people around the world. the microsoft cloud helps our entire staff stay connected and work together in real time to help those that need it. the ability to collaborate changes how we work. what we do together changes how we live.

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built for business. hey, drop a beat.flix? ♪ show me orange is the new black ♪ ♪ wait, no, bloodline ♪ how about bojack, luke cage ♪ oh, dj tanner maybe show me lilyhammer ♪ ♪ stranger things, marseille, the fall ♪ ♪ in the same place as my basketball? ♪ ♪ narcos, fearless, cooked ♪ the crown, marco polo, lost and found ♪ ♪ grace and frankie, hemlock grove, season one of...! ♪ show me house of cards. finally, you can now find all of netflix in the same place as all your other entertainment. on xfinity x1. melissa: confirmation hearings are underway as the trump administration is hoping to confirm two spots in the cabinet. senator jeff sessions for attorney general and general john kelly to head the department of homeland security. peter barns is live in washington d.c. so where all the action is for sure. peter, how is it going so far? >> well, melissa, democrats have been grilling senator

sessions on guns, immigration, and civil rights, including allegations in 1986 when sessions was up for a federal judgeship that he made racist remarks and called the naacp and aclu. addressed head-on. >> this character cher of me is not correct. i became the united states attorney. i supported the civil rights attorney, major civil rights cases in my district that integrated schools, that prosecuted the clan, districts that denied african-americans the right to hold office. >> now, four trump nominees are in hearings tomorrow. sessions hearing will go under another day, as will the hearing right now for retired general john kelly as

secretary of homeland security. just asking him right now moments ago about the wall. and general kelly saying that the wall is kind of more conceptualal not all of it a physical wall. and we've heard some of that from the president-elect as well in the past. and exxonmobil former ceo to be secretary of state and. she will also be testifying tomorrow. melissa: interesting stuff, peter. thank you. david: here to respond is kristen, richard, democratic strategist. you had these protesters decked out in ku klux klan outfits saying he's -- okay. you see those kind of histrionics of these very often. these are some of the protesters but, again, some of them had kkk outfits on. but then you had "the new york times."

and an editorial about sessions yesterday. it said mr. sessions, trails behind to make toxic crowd of host i let to racial equality. now, throwing around the charge of racism, that's verbal bomb throwing, essentially in this day and age. when does it stop? i mean, do you think that sessions did anything to stop it today? >> he did his best. and we all know that the new york times is a left-leaning newspaper, so it shouldn't surprise any of us that they're taking on this narrative that democrats have also really tried to champion leading up on this. and it really is unfortunate because in essence, it's character assassination. of course he said some things in the past that i'm sure he, you know, regrets, certain things. however, his record on civil rights is clear. in fact, the very senator who is testifying against him today, cory booker cosponsored with jeff sessions, a congressional medal of honor for those marchers in the 1965 march from selma to montgomery, alabama. so his record has been clear on this. he did the very best he could.

but at the end of the day, he is going to have a majority of republican votes that he needs in order -- david: yeah, he has the numbers. but, again, richard, it's this charge of racism -- i mean, he has black civil rights leaders and pastors that are coming out and saying this guy is nowhere near a racist. his positions -- and i've looked at his positions on these issues that the times says he's a racist for holding -- they're about overreaching federal government. can't you be an overreaching federal government without being a racist? >> of course you can. but, david, look, it's not just things that happened before his 1986 hearing for being a federal judge back then. even since then when h elana, when she had her hearing to be supreme court justice, senator sessions basically said sprike against her with the fact that she third marshal because he was quoting an activist judge. david: hold on.

you're saying it's racist for him to say that? >> well, i'm just saying when you look at his record, his votes in the u.s. senate against the voting rights act or -- david: oh, come on. marshal was one of the most left-leaning justices the supreme court has had. it was his position. his ideally position that board sessions. you're really calling him a racist for that comment? >> i'm not calling him a racist. david: well, that's what we're talking about. >> i understand what you're talking about. i'm just saying if you look at his record as a senator. okay? on hate crimes on, you know, the voting rights act, you know, these comments about justice marshal, et cetera. there is a thread. david: against overreaching federal government, kiersten again and again. and we see a perfect example of what richard is doing is throwing around the race charge -- >> i'm not -- david: of course. that's exactly what you just did, richard. you suggested that he was a racist -- >> no.

david: because of his position about marshall. kiersten, go ahead. last word. >> it's really unfortunate. the democrats need to be worried about building their own party after this election. americans don't want to be divided anymore. especially by race. david: i think you're right? >> and we need to focus on upholding the law, which eric holder's attorney general was not able to do, which was seen by irs, the gun case, fast and furious. i mean, it was obviously that that was an activist that did not uphold the law and senator jeff sessions will. so i think that's something -- david: forget about race. let's focus on specific policies. the panel is going to be back with us. melissa. melissa: all right. so is twitter a weapon of terror? that is what one women is claiming, and she's demanding justice for her late husband. plus today, another senate hearing is bringing the allegations of russian election hacking back into focus and putin is put back in the spotlight. >> i still have questions why the obama administration didn't act further and didn't act sooner.

melissa: breaking news a confirmation hearing for senator jeff sessions as the attorney general is underway in capitol hill. ted cruz right now questioning him. let's listen in for a sec. >> and it is a particularly hurtful argument that can be directed at someone particularly when it's countered by the facts. and what i want to focus on principally in this round is spending a little bit of time highlighting an aspect of your record, which is your involvement in the prosecution of henry hayes, a member of the ku klux klan. because i'm suspecting people watching this hearing have ever heard of. it is striking, and i think highly revealing. so i would just like to walk through some of the facts. i know you're very familiar with them, but i suspect some of the folks watching at home may not be.

in 1981 in mobile, alabama, the ku klux klan ordered a murder of a random african-american man michael duncan. kkk members henry hayes and james tiger knolls abducted 19-year-old african-american michael duncan. they beat him, strained him, cut his throat and hung him from a tree. absolutely disarraysful. you were u.s. attorney at the time. your office along with the fbi along with the local district attorney investigated the murder. the department of justice attorneys berry and burt glenn worked on the case. when asked about your work on this case, mr. glenn testified that quote during the entire course of the investigations, he meaning sessions, had provided unqualified support

and corporation to us and independently as an individual who absolutely wanted to see that crime solved and prosecuted. is that accurate, senator sessions? >> i think it is. yes, that's exactly what i intended to do. it actually occurred before i became united states attorney. wrong group of people had been indicted in state court that complicated matters. case was not making the kind of progress it needed to make. so we had a discussion. and we invited attorneys but there glenn and barren, both which were exceptionally fine, along with assistant thomas figures in my office, broke that case, and i thought they deserved a great deal of credit. but i was with them, i was in the grand jury with them, i called the grand jury at their convenience whenever they wanted to come to the state. actually used and impaneled a

special grand jury so that they could be called when desired it. it had already been called for another special purpose. but we added that to their purpose, so they had the flexibility, and it was -- i thought a brilliantly conducted investigation. i guess barrett was the lead attorney in it. >> now, bobby eddie, who's the chief investigator for the mobile district attorney's office he testified quote without his, meaning sessions' corporation, the state could not have proceeded against henry hayes on the capital murder charge. work i say, who is the mobile county district attorney in 1981 stated quote we needed some horsepower, which the feds through jeff session provided. specifically we needed the investigative power of the fbi and the power of the federal grand jury. i reached tout him, sessions, and he responded quote tell me what you need, and you'll have it. and indeed, your office

prosecuted hayes' accomplice in federal court where he pleaded guilty. and mr. eddie testified that tiger knolls, the accomplice, pled guilty on a civil rights violation and received a life sentence, the highest sentence he could receive in federal law in federal prison. and he continued to say henry haze was tried in state court by the office and found guilty and sentenced to die in the electric chair. and this made haze the first white man executed in alabama for murdering a black person since 1913. when you were the attorney general of alabama, you later argued to uphold hayes' death penalty. and in 1997, five months after you joined this body as a senator, hayes died in alabama's electric chair. and i would note not only that, not only did you assist in the prosecution of the face

of evil, a ku klux klan murderer who saw ultimate justice. but as it so happened, you also prosecuted hayes' father. kkk grand titan benny jack hayes who ordered his son to kill an african-american, and you prosecuted him for attempting to defraud his home in order to collect money for his son's legal defense; is that correct. >> that is correct. >> and beyond that, your office cooperated with the southern poverty law center to bring a civil suit against the kkk and explained quote after the criminal cases were over, the southern poverty law center took the evidence we had developed and gave to them, and they sued civilly and got a $7 million verdict on behalf of ms. donald. and the $7 million civil judgment against the kkk in

alabama bankrupted the clan, leading to its demise in the state; is that correct? >> that's essentially correct, yes. in fact, they sold the clan headquarters to help satisfy the judgment. >> well, i would say, senator sessions, it's easy for people reading things on the internet to believe whatever is raised and passions get hot, and i know the protesters who stand up and chant kkk, they in all likelihood believe what they're saying because they're reading and being encouraged on the internet. but i have not seen any appointee to the cabinet democrat or republican who has a record like you do of prosecuting clansmen, putting them on death row, bankrupting them, and putting them out of business. and doing so as you had, i tell you i admire your doing so, and i'll issue a challenge to our friends in the news media. i noticed every time a prosecutor -- every time a protester jumped up, all the photographers took pictures of the protesters.

i suspect we're going to see them in all the papers. i would encourage the news media cover this story. tell the story on the 6:00 news about jeff sessions helping prosecute a clansman who had murdered an innocent african-american man and putting him on death row and helping bankrupt the clan in alabama. that's a story that needs to be told and senator sessions, i thank you for your record, i thank you for your service. >> thank you, senator cruz. and i would say it has been very disappointing and painful to have it suggest i think that the clan was okay when we did everything possible to destroy and defeat and prosecute the clan members who were involved in this crime. and it was a good joint effort. i was supportive of it every step of the way and some great lawyers worked very hard on it. >> thank you, sir. >> thank you very much. melissa: so there you go. senator sessions there

correcting the record on his history with the clan. david: well, the record as the record was. ted cruz made an extraordinary case. just as what we were saying in the previous segment that you judge a person by his actions, not by some of his critics, some of whom are just clowns are saying. all right. well, president obama just departing the white house for his hometown in chicago where he will bid farewell to the nation before handing over the oval office to president-elect donald trump. adam shapiro is standing by at the white house with the very latest. hi, adam. >> hey, david and for trivia buffs, this will be the last time the president flies aboard air force one with its destination as air force one. he will be speaking tonight 9:00 p.m. eastern, 8:00 p.m. chicago time central time to the nation. the address is expected to be a forward-looking address but also a call to action to mr. obama supporters in regards to democracy and keeping democracy alive. here's how is josh earnest,

the white house press spokesman described what we can expect tonight. >> the president's committed to delivering a forward-looking speech that will examine briefly the significant progress that our country has made in the last eight years. but it will take a closer look and spend more time talking about what the president believes is necessary for us to confront the challenges that lie ahead. >> an expected 20,000 people are expected at mccormick place in chicago, the convention facility where the president will be delivering his farewell address. they gave out tickets, as you know, saturday. people lined up in the very cold weather in chicago waiting for these free tickets, which are now some of which are being sold online anywhere from 500 to $5,000 for a ticket. one thing as i wrap up here, david, at the white house. politico reported earlier today about the president's farewell speech but also about the thousands of people here

in washington who are part of the obama administration and lower level positions and democrats who are now having to find new jobs and having a rough time of that because of the unexpected victory of donald trump and because of the fact that the republicans will be in power throughout the city and here at the white house. david: i must say, i always see people shedding crock tile stories when i hear these stories every four years. they will find something. there are plenty of lobbyists, unfortunately, in the swamp. melissa. melissa: as he makes his farewell speech tonight, president obama had lots of goals that he made during his inauguration back in 2009. >> the state of our economy calls for action bold and swift, and we will act not only to create new jobs, but to lay a new foundation for growth. we will build the roads and bridges. we will restore science to its rightful place, and real technology wonders to raise health care quality and lower its cost. all this we can do.

all this we will do. . melissa: kiersten and richard goodstein are back with us. richard, i mean, he talked about money and jobs and the economy. if you look at average annual gdp growth during his presidency, and you compare it to others of the time, really terrible. 1.8% as an average over his presidency versus 2.1% is the closest for george w. bush. but you look at kennedy, 5.6%. i mean, he's way at the bottom of the scale. what happened? >> what happened with regard to the statistics that you just read, we forget that president obama inherited -- melissa: no, because reagan was on there with 3.5% and what was better than the '70s? financial disaster. he inherited a much worse situation. >> you asked me a question. melissa: do you have a different answer? >> well, the answer is you overlooked the fact that the economy was tanking when barack obama -- look how good it is now.

we have 90 straight months of private sector job growth. we are -- and you cannot condition this, the envy of the industrialed world. yes, is the growth number what we want? it's not. is the stock market triple? it is. is unemployment half? yes. are deficits down by two-thirds? they are. are in the accident final up? yes, they are. melissa: no, actually, kiersten, median income is lower and the gap between rich and poor has gotten worse and apparently, richard was not alive during the '70s. >> oh, i was, regrettably. melissa: i was alive during the '70s as well, so he doesn't realize what reagan did in the face of what happened in the '70s. and frankly that's what so many people expected. it's called the v-shape recovery when you bounce back off a terrible recession, and you have this phenomenal recovery and reagan didn't get enough credit for it because he got the bounce off the horror, which here president obama wasn't able to do. why? >> obviously, he came in too with majorities. democratic majorities as well.

and one of his central issues, of course, was health care. and we see where we are now with the affordable care act and how devastating it it is for so many americans. and that is a huge -- part of his legacy that i think he is going to try in his farewell address to cover up and makethe, especially when it comes to health care. try to instill some goodwill in the eyes of the americans. but this is evidence by my generation who is so excited about barack obama in 2008 and then 2012 did not turn out for him to vote for his reelection because they were so disenchanted with all the promises, with all the hope and change that he said he was going to do. and then he fell flat. that didn't happen; right? melissa: okay. richard, let me ask you about what adam said right before you came on and talking about all the people who were out of who work now and couldn't find jobs because they thought. hillary clinton was going to be in normal. for the rest of us who live outside the beltway, what do you do then? how long does it take -- there must be other groups gathering

on the sidelines waiting to come in and hopefully recease power; right? how does that work? >> well, it's a great question. and you're right. every eight years when we see the pendulum swing, this time it was so many people in the white house and other people who were affiliated with democrats thought they were just going to look for the job in the clinton administration. melissa: yeah. >> so what they do is they identify spirits, people who were in the advocacy world if you're in the environmental community, if you're an economist, if you're in the health care world. look, these fights are not over. i would disagree with kiersten. 20million people who had health care who did your have it before, they don't think the affordable care act is a bad idea. >> but the quality and the price of that health care is abysmal. melissa: we have to go but there are people i know who got obamacare and were so happy and then no one will take it. so they're, like, i am paying for nothing. >> 20 million people are taking something. melissa: we'll see. anyway, thanks to both of you.

you're good sports. we appreciate it. david. david: the war on cops has been played out on city streets recently has had its own version in the halls of united states congress where a disgusting picture portraying police as pigs attracting innocent protesters has been hung and rehung by democrats after their fellow republicans have tried to remove it. one congressman who has removed the painting, republican on congressman duncan hunter from california who joins me now. first of all, congratulations from my marine son. he noticed you're a marine. he's very proud what you did and taking that piece of part off the halls. i heard they put it back again and then today something happened. tell us about it. >> yeah. well, first, your son and to all of my fellow marines out there and men and women in uniform, they actually put the painting back up today. i took it down last week and somebody else, one of my colleagues took it down again. and i've got word after lacey clay, who's the congressman who put it up in the first

place put it back up today and somebody else took it down. so that's not me and that you know kind of diminishes, you know, we're now taking it down and putting it back up. here's the big question. this is not about the painting. this is about does the congress of the united states support law enforcement? that's what this is really about. do we stand behind our men and women in uniform? do we support the thin, blue line? especially with all of these targeted cop killings. do we support cops? or do we not support cops? david: you know, you can have a disagreement about police forcing and whether it's too proactive. you can have honest disagreements on both sides, but you can't depict police who go out every day and risk their lives to save our lives. you can't depict them as pigs. who thinks that this is proper? even on the far left of the political spectrum? >> yeah. and that's what blows my mind here too is democrats are fighting me on this. democrats are standing up for depicting police officers as

pigs in a painting in the u.s. capitol. i have democrat friends. they don't believe in this. david: and, congressman, words and activities like this have consequences. jeff sessions who may be our next attorney general if approved spoke to that. spoke to what has possibly led to some of the cop killings that we've seen recently. let's play the tape and get your reaction. >> to apartments, places that often opt a greater risk, and we are seeing an increase in murder of police officers, up 10% last year. david: what jeff sessions was saying the smears that appears on congressman walls thanks to this democratic legislature are actually leading to deaths of police. do you agree? >> yeah. yes. when you denigrate police, and you try to bring them down to the level of pigs, that means it's okay to do -- why else would you portray a cop as a pig? there's only one reason to do it and that's to make it okay to smear them. david: right? >> so absolutely. david: by the way, we have to

mention this is the day when a police officer died named steve macdonald. steve macdonald 30 years ago was shot and paralyzed. he never got a chance to walk again or to use his arms, but he had a wonderful family. he literally was a saint. the guy was in a lot of nonprofit events here in new york, gave his entire life to the police force. first as an officer and then in his crippled state. and we want to mention that there is a real hero. we should focus on people like him, not on what happened in the walls of congress. go ahead. final word. >> really quick too, you've had two police officers killed here in the last 20 years. chestnut and gibson. one was black, one was white. chestnut was the first african-american here in the u.s. capitol. let's put a painting of those two gentlemen up on the wall here and say this is what it means to be a police officer. right. david: don't waste space in the house of congress. it's our congress. congressman, thank you very much. appreciate you being here. and stay tuned, by the way, to fox business for complete

coverage and analysis of president obama's farewell address. it all kicks off 7:00 p.m. eastern tonight right here with lou dobbs. melissa: your tax dollars not at work. i'm sure you work hard every day to happy help answer the question can dinosaurs sing or could they? well, uncle sam has no problem using your money to find out. plus, accused of being a terrorist weapon. the new lawsuit posing huge problem for twitter.

david: a weapon of terror, a new lawsuit claiming that twitter aids and abets isis by giving the terrorist group free reign to raise money, recruit funny acts, and spread its evil. fox business' hillary von is in los angeles with the very latest. hillary. >> hi, david, well, we talked to the attorney who is representing anne. she's the mid-owe who is suing twitter. her husband alexander was

killed in the brussels terror attack in march. now, she's saying twitter is allowing terrorists to use a valuable communication service. an american company from the high-tech world providing services to terrorists that is just as bad as trucks or guns or bombs. in the suit called out twitter for allegedly letting terrorists use its direct messaging feature for fundraising. she also accuses the company of helping isis. saying twitter has taken measures that protect their terrorist activity, citing their policy of notifying users if they suspect government surveillance. or if the government subpoenas their account info. this is the latest suit of many accusing social media sites of allowing terrorist propaganda to proliferate. but are sites like facebook and twitter and google opted to stop? with victims killed in the brussels attack, the paris

terrorist attack and the pulse nightclub shooting in orlando, they all say "yes." and it seems that three tech giants, facebook, twitter, and google agree they need to do more, david. just last month they announced plans to team up and create a data pool for content that they consider to be the most extreme and egregious terrorist images and videos so they can take down the content on multiple platforms before it goes viral. david. david: very interesting. hillary, thank you very much. melissa. melissa: the commander-in-chief preparing to say goodbye. but president obama might not be missed by a majority of the military. what service members really think of the president's job performance. that's next. rodney and his new business.

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melissa: another confirmation hearing underway now. general john kelly answering questions about his record and his ability to run the department of homeland security. here's what he said about trump's plan for the border wall just moments ago. >> building i wall is not the way to prevent the flow of drugs or people illegally across a border. >> a physical barrier in and of itself will not do the job. it has to be a layered defense. if you were to build a wall from the pacific to the gulf of mexico, you would still have to back that wall up with patrolling by human beings, by sensors. . melissa: here now is captain chuck gnash, retired u.s. navy captain and fox news military analyst. so what i find so interesting about general john kelly is that of course he's a marine. he's not a politician. so he just gives an answer. whenever you see him in an interview, or you see him

being questioned, it's never about what he's supposed to say or what is politically correct or even politically smart, you know? in terms of trying to wrangle your way through a situation. he just tells you. is that what it's really like? how it appears? >> i think what you see is what you get with general kelly. he's got a tremendous reputation, as does general mattis, who is the defense secretary nominee. both of those guys have long and distinguished careers. and the most important thing is not how their seniors feel about them, it's how their juniors feel about them. the most honest read you're going to get is not from the people on the top of the tree where you're looking up, it's from the people on the bottom of the tree. . melissa: okay. so doesn't that mean, you know, as they sit here, and they grill him in washington, if you don't like donald trump, isn't that exactly who you would want advising him? someone who's going to tell him the truth no matter what?

>> absolutely. you're going to -- you want people who will speak truth to power and also, both senator sessions and general kelly in their remarks talked about being forthright and giving their honest opinion and being responsive to congress. which means in washington speak, that means, look, if you call me over here, and you ask me for my personal opinion, i'm going to give it to you. melissa: yeah, so 51.5% of troops say they have an unfavorable opinion of president obama leading the military. is that high? i mean, is that a result of budget cuts and maybe not necessarily president obama's fault? what's your take on that? >> well, i think the most of the military folks take a look at what's been going on over the last eight years, and it's the same thing that happened in the carter administration, it's the same thing that happened in the clinton administration. now it's happening again. and it's cyclic. okay? you get a reagan build up, you know, you get -- it's just

reagan and carter -- not carter but clinton takes advantage of all the stuff that reagan brought in. and you go time and again where you have buildups and draw downs and the big miracle or savings comes from the military budget. so i think the troops are looking at this, certainly i do, as, you know, the president's primary job is the defense of the united states. is the protection of the american people. so as the military starts gettin see ships -- we have a carrier gap right now. we don't have an aircraft carrier in the arabian gulf. as a matter of fact, until it deploys, we will have that gap. you've got army troops, some of whom have had four or five combat deployments and our special forces folks, some of them i know personally have had 13 combat deployments since 9/11. melissa: amazing. >> so, yeah, we're running people into the dirt, and we're running our equipment into the dirt. and sooner or later, the bill

has to be paid so the next president coming in has to do a reagan buildup. melissa: we have to run. david: yeah, dylann roof, he of course is the charleston church shooter has been sentenced to death. by a federal jury. this actually is the first person to ever get a death penalty for a hate crime. there were nine church members who were killed by dylann roof, and he now has been sentenced to death. we'll be right back 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.

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. >> so in case you didn't know this, frat boys sleep in late. there. i saved you $5 millions in tax dollars. >> government waste highlighted in a report by senator jeff flake. >> $3.5 million to find out why people are afraid of the dentist? >> a $460,000 grant to build a computer that binge watches desperate housewives.

>> real housewives i would understand. desperate housewives? no. >> $450,000 to find out if dinosaurs can sing! >> and fish on a treadmill to test flopping speed. >> i like this video, it was worth it. here's "risk & reward." >> violence and the growing racial divide in chicago casting a dark cloud over president obama's farewell address tonight in the windy city. welcome to "risk & reward". i'm elizabeth macdonald in for deirdre bolton. we're four hours away from fox business' live coverage of president obama's farewell speech from his hometown of chicago tonight. nothing says legacy more than doing a good-bye speech in a city that ranks near the bottom for race relations, crime and near bankrupt finances. new fbi report just released shows chicago crimes skyrocketing across the board. worse, the increase in all