don't bail out of the airplane. we like to use our overriding principles, kiss principle. keep it simple, sandy. [closing bell rings] liz: i like it. sandy dalton. number one in the state of ohio for financial advice. stocks climb into the green. david, melissa, an interesting final hour. david: indeed. melissa: dow snapping a two-game losing streak. 40 points, s&p and nasdaq fighting for gains, turning positive in the final minutes. i'm melissa francis. david: i'm david asman. we're glad you can join us. which have you covered on big market movers. here is what else we have for you, very busy news day. era for u.s. economic victory has begun. making comments to union workers this afternoon, big business and infrastructure. details of a rebuilding project

that could top a trillion dollars. susan rice, breaking her silence. how she is responding to accusations she was spying on the trump transition team and leaking information from surveilance. vice president pence leading from the house freedom caucus, late last night, with speaker paul ryan today. our own charlie gasparino is saying he is trying to broker a deal. very latest on all this coming up. >> dow ending in the green with two days of losses. on floor of new york stock exchange, who were biggest winners today? reporter: start with cat at tha- caterpillar. closing with 2% gain. adding to goldman sachs conviction list. that certainly helps. look at apple here. $144 and 12 cents a share. it closes safely above that level. you're looking at a 14th record close this year for

shares of apple. that is up 24% first quarter alone, number one stock performer on dow johnson industrial average. this one is really on fire. helping overall gains which we saw mostly by the way in last hour of trading. look at staples. office depot deal fell apart. staples is making it fall to hopefully combine with private equity buyer. if that happens, some of the analysts putting deal value upwards of $7 billion. so, stay shares benefiting by 10% today. investors were hoping teaming up with partner in the not so distant future. back to you. ssa: lori, tnk you. david: up 5% over the year as optimism for state of the economy grows. brand new poll more americans believe the economy is good 5%. highest reading since the financial crisis.

joining me dan heninger of "the wall street journal" and kevin kelly of recon capital partners. how does the optimism pay off in the economy? >> that is good question, david. there is battle going on between hard data and soft data. hard data is looking pretty good. pew report showing is optimistic from the economy, big jump where we are a year ago. that is very positive. will that follow through in the first quarter, going through the second half of the year. that is the big battle. david: what i like most about this poll, the pew poll, across the board in economic wealth. those making less than 30,000 a year. 51% of them think economy is doing better. that is very important. all classifications of economic income in on this. >> i think you're making an important point.

one way to get everyone on economic side on board, has to do with fiscal policy. we've seen regulation, regulation, regulation. really hampered economic growth. everyone is seeing economic growth is going to break this vicious cycle we've gotten in, where we can't crack 2%. economy will start humming, as policies start to roll out we're anticipating this happens. we're seeing a lot of policies we're talking about, should stimulate growth. melissa: president trump focusing on the economy, vowing to cut red tape overall infrastructure rebuild america. fox business's blake burman at the white house with the latest. blake? reporter: melissa there was. major push, talking about trillion dollar infrastructure package he like to some under point. could be trillion dollars, quote, maybe even more.

those comments during the white house ce town hall. meeting with president and members of his top members within the administration. the president saying when it gets time to roll out the infrastructure package, the focus is on projects that would be ready to go within a 90-day time frame. >> we'll set up a committee by steve and richard, we're going to cut a lot of red tape, but we don't want to say, send, a billion dollars, to new york, find out five years later money never spent. we'll be strong it has to be spent on shovels, not on other programs. >> take a look at this, during that meeting, during another speech as well, in front of builders trade union, the president held up what amounted to a human size flow chart saying, in order to build a highway or some of these major construction projects, it takes

10 years and all of these hula hoops to jump through, laid out in the plan presented to him yesterday by gary cohn. printed out at white house. president says they want to whittle that process all the way down one year to get a lot of infrastructure projects rolling. melissa: blake, thank you. david: dan, that is quite a good flow chart. that is good way of president expressing how regulations are a tax. they actually cost businesses more than what a regular tax does? >> that's right, david. back in the reagan presidency, there was a lot of deregulation, that released business. deregulated airlines, railroads, telecom business. those industries took off. that is big question how you deregulate infrastructure. we know there is a lot of red tape. donald trump as former new york developer knows about a the red tape the question is how you cut through it.

i like his idea saying to new york state which is notorious for delays in building, we'll not send you a billion dollars unless you show us how you will put that money to work, versus north carolina, where undoubtedly it would get used much more quickly. david: kevin, this is one of those cases really helps to have a president who has been on the other side of these regs to deal with buildings in new york metropolitan area. >> instill accountability as he said. can't send to it new york, and spent on shovels. he wants to hold people accountable. who is held accountable, business people, one of his cabinets had to perform even on quarterly basis, so i'm excited to hear that my taxpayers dollars will not be wasted on bridges to nowhere, infrastructure. paying in and paying my taxes. that infrastructure will come back and benefit me. this is overall good thing t will have to take time. he is alluding to that. we talked about the reagan era and what have you, those tack

plans and policies took years to enact, had to be a bipartisan effort. that these could take time.i rah rushing them. david: bridges to nowhere. i remember them well. thanks very much, guys. melissa. melissa: revival of repeal and replace. charlie gasparino reporting that vice president mike pence taking reins with house freedom caucus members late last night. and the speaker of the house today, to broker a truce on health care. joining me now is republican congressman texas, house freedom caucus member louie gohmert. what do you think about that? is there a truth on the way? >> well, i would hope so. melissa: have you seen any evidence? >> we haven't seen the language yet. everybody is anxious to see that. but my concern is, when, we hear that if we would just give all this power, the additional power to the federal government, that can fix things, i just here's

the solution. federal government understands the proposal, will give waivers to the states that want waivers to avoid complying with different things, trouble with that is, whether the american people can find out under next democratic president health and human services those were temporary waivers. we didn't have the guts to go ahead and put it into law and make it permanent, then there will are be a repudiation of what republicans have done. we want to put it in this bill. we know this is the best chance we'll ever have to get back on track, and just like the president's doing, working wonders in eliminating regulations, you can't have one unless you get rid of two, he is doing great things there. if we don't cut back the federal power, there may be celebration in the next couple weeks. melissa: okay. >> but in the future it is going to be bad. as far as brokering a deal, one

of our members, he is not a health, freedom caucus member, but he told me he went to, one of our leaders, he wouldn't say which one, why don't we just stay here during the easter recess until we get a deal. he was told no. we want to make freedom caucus go home and listen to their constituents so they will come back and do what we tell them. that's, i hope that is not true. melissa: we'll mark that down as gossip. we'll investigate later. what about waivers. you're rejecting that idea? it won't float. >> i'm not rejecting it. but it is all in the wording. a permanent waiver, not subject to the whims of the next kathleen sebelius, this is something we can work with. but if it is simply giving health and human services secretary power to temporarily give waivers, then, this is not

what we promised. and it goes away, and, probably go away just in time for the next presidential election to end president trump's tenure as president. so we need to do, come closer at least to doing what we said. melissa: some reports that we're hearing, coming out of the beltway right now, that, the new plan, whatever it is, is actually, now. >> has less support than the old one. have you heard that. is that the same category of gossip? >> i haven't heard that yet. melissa: okay. >> i understand, look at language on waivers, because the best thing leave the power tenth amendment to the states and people. that should never be taken away. melissa: would that be a deal? you know if the waivers were permanenould you move forward? >> well, i learned from the book, "art of the deal," never to agree on something until i actually see the language. and actually i have cut enough

million dollar deals, not like donald trump, but in settling lawsuits back in the '80s. if it is not in print, then you don't have a deal. so we need to see the language. melissa: you're right about that, congressman. keep us posted, thanks for coming on. >> thanks so much. david: we have breaking news. richmond fed president jeffrey lacker seen stepping down as his position today, he was supposed to retire in october. in a statement he revealed he was involved in an alleged leak of confidential information, fed information back in 2012. federal reserve commented, federal reserve committed to maintaining the security of confidential fomc open market committee information. so that is an interesting development. melissa: hmmm. white house reportedly considering methods extreme vetting of visitors to the u.s. new details that could have travelers handing over much more than that passports.

david: keeping irs in check, a method first designed to stop drug traffickers, money launders, a lot of small business folks as well. what is being done to fix irs over reach. melissa: susan rice speaking out to responding to accusations she inappropriate unmasked trump officials. this as republican leaders called for her to testify under oath. >> i'm not going to prejudge here, but i think every american should know whether or not the national security advisor for president obama was involved in unmasking trump transition seekers for political purposes. it should be easy to figure out and we will. anything worth pursuing hard work and a plan. at baird, we approach your wealth management strategy the same way to create a financial plan built to last from generation to generation. we'll listen. we'll talk. we'll plan. baird.

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whoo! boom baby! rated pg-13. [ screams ] [ [ screams ] ] [ shouting ] brace yourself! this is crazy! [ tires screeching ] whoo! boom baby! rated pg-13. [ screams ] melissa: not playing politics. former president obama's national security advisor susan

rice, responding first time she requested unmasking of trump transition team member, rejecting claims of a political motive. >> did you seek the names of people involved in. trump campaign. people surrounding the president-elect in order to spy on them and expose -- >> absolutely not for any political purposes, to spy, expose anything. >> did you leaked name of mike flynn. >> i leaked nothing to nobody. never have and never would. david: well the mainstream media essentially dismissing the susan rice story today, when it comes to the network evening news last night, cbs devote ad whopping 46 seconds to the story. that was a lot compared to others who didn't cover it at all. my next guest calls the liberal media's approach shameful. here is brent brozell, media research center founder around president. this morning virtually all newspapers, national newspapers

ignored the piece or tried to pour cwater over the whole idea. "the new york times" wrote a piece on a-16 which they said president trump seized on report by son conservative news outlets he tar guested by his predecessor for surveillance, implying anything by conservative news outlets wasn't true. the story came out in bloomberg, which is not a conservative news out let. >> notice page a-17, donald trump the -- a-16. what has the president been saying for weeks. that he had no legs to stand on and making the suggestion that there was surveillance. dismissed them out of hand. now you've got independent reports, different independent reports saying that in fact susan rice was behind this, as unmasking, you've got her going on television. what she said it andrea mitchell when they want to spin in the democratic party. david: play a little sound bite

from that. in her interview she essentially admitted, unmasked or asked intel agencies to unmask some. stuff. but when asked the same question, whether she any idea unmasking in some much these areas on pbs a couple weeks ago, here is what she said. >> i know nothing about this. i was surprised to see reports from chairman nunes on that count. david: consistency there. >> notice, andrea mitchell said to her, have you unmasked for political reasons? her reason was i did not unmask for political reasons, there is parsing of words going on. there is something going on. there is definitely something going on here. how did the media react? ignored it after saying for so long that donald trump had no grounds to say what he was saying. cnn, they're the best, cnn has been on a jihad attacking media for reporting the story. david: right. >> if you're donald trump, no wonder you call them fake news.

no wonder you attack them every single day. the public seen this, that media make no every whatsoever to be fair and balanced. none whatsoever. david: we'll certainly stay on the story. there are two russian stories. did the obama administration spy on donald trump. we know the mainstream media will not cover it. we will, the other question is the trump team conspire with the russians. so far, every time an intel official has been asked this question, saying we don't have evidence of that, there is smoke but there is no fire. on other hand with the first story did the obama administration spy on trump team, there is some fire? >> there has been non-stop, countless, innumerable stories done about these allegations of a trump campaign conspiring with the russians. not one single, piece of evidence has come up to point to that allegation. they are searching and searching and searching and looking for something. now if they're going to do that, fine. but where are they, when there

is evidence in the opposite direction. david: all right. we know where they have been with susan rice. they're just not accountable at all? they just totally ignore it. we have to leave it at that brent bozell, good to see you. melissa. melissa: as the sanctuary city showdown heats up, california is taking bateven further. congressman tom mcclintock is here this. cot aftermath be damaging to our nation. >> fair-minded folks respect sincerely-held political differences. i know i do, but political hit jobs are obvious. we now have an opposition agenda, primarily based on hatred, not what is best for the country.

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david: california lawmakers giving initial approval today for a measure that prevents law

enforcement from cooperating with federal immigration officials in act of defiance against president trump's immigration crackdown. weighing in on implications of the bill, republican congressman from california, tom mcclintock. there is tendency, congressman here in the east to dismiss what happens from california until we realize that is more than 10% of the u.s. population. if more than 10% of the u.s. population is in defiance of federal rules and laws, that's kind of, kind of scary, is it not? >> it is but i also have to say i've got county sheriffs in my district who are mad as hell about this. their responsibility is to keep their citizens safe. they understand this makes california a very dangerous place. they want nothing to do with this state law. david: by the way, do you think that because of the state law, those criminal aliens who are in other parts of the united states might migrate towards california and take up residence there? >> i don't think there is any

question of that. and, again that is already happening, given the number of sanctuary cities we have. we had a rampage three years ago by an illegal immigrant who had been deported auntliest returned across our porous border -- a two police officers, sheriff's depthty from sacramento and police detective from placer county. this makes our state a mecca for this sort of thing. ain, don't, don't assume that all californians support this. david: i know, i know. >> many are adamantly are opposed to this. david: my son was marine in oceanside, california. pockets of community are unhappy. the point is california lawmakers say, i'm quoting them here, they say they will cooperate with the feds to get serious and violent felons as opposed to everybody else. the problem is that this gives

license to a lot of local communities who might be too sympathetic to people who are on the verge of committing a violent crime, no? >> well, exactly right. it doesn't eliminate all violent crimes from this edict. this is really what we're seeing, is the doctrine of nullification. political doctrine we haven't seen in this country in which states don't like federal law, simply ignore it. david: congressman, you are also on the budget committee. i have to ask you, you saw the president roll out his infrastructure plan. how, it's a one trillion dollar plan. that is a lot of money. he says it is very different from what obama did with his infrastructure plan, there will be this public/private partnership. are you clear about how that is going to work? >> well, if it means sentencely revenue bonds, many states and munition pall governments use to financial capital projects without sticking taxpayers with

the bill, i think that is a very good thing. go into the capital market, we'll build this dam or bridge. we'll finance it by fees paid by water users, power users, tolls collected for the bridge users. that is how we pay you back. set the interest rate to reflect the risk, if it's a viable project, money flows to it. david: if i can make analogy, kind of what eisenhower did with the u.s. highways back in the '50s? >> that is very important reform. we have to restore highway taxes for highways. that was the promise made with the highway trust fund. it has been broken. fund are used for purposes unrelated to our highways. simply keeping that promise would do a great deal to eliminate the backlog in deferred maintenance and construction needs facing our interstate highway system. david: congressman, tom mcclintock, from the beautiful state of california. hope you keep it beautiful. congressman, appreciate it. melissa: how lawmakers are working to make sure the irs

handles your hard-earned money the right way. plus sorry,. david: new measures to keep americans safe. the extreme vetting options being considered by the white house. next. david: ric grenell, former spokesperson for the u.n. sounding off. >> i'm not, and i don't want to be the president of the world. i'm the president of the united states. and from now on, it's going to be the america first. ♪ ♪ predictable. the comfort in knowing where things are headed. because as we live longer... and markets continue to rise and fall... predictable is one thing you need in retirement to help protect what you've earned and ensure it lasts. introducing brighthouse financial. a new company established by metlife to specialize in annuities & life insurance. talk to your advisor about a brighter financial future. ...one of many pieces in my life.

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melissa: the nights is considering some new extreme vetting procedures according to "the wall street journal." so according to this report foreigners could be forced to disclose contacts on their phones, give their social media passwords and even answer questions about their ideology. here so respond, ric grenell, former u.n. spokesman to the u.n. he is also a fox news contributor. what do you make of this report? first of all, do you believe it? does it sound right to you? >> no, doesn't sound right at all. this is somebody's idea what could happen and i doubt it will happen, but look there, is no question we have to have better vetting. we have a process right now where our young foreign service officers just out of foreign service school representing the united states go and work the visa desk. they are trying their hardest but the instructions that they

have been given are to really do extreme vetting for financial issues. right now, we're trying to do financial discovery on individuals who are applying to come to this country. melissa: yes. >> what it really means is, we're trying to make sure that they have a reason to go back home. they have family members to take care of. they have a large bank account. they have a reason financially because they own a home to go back to their country and not overstay their visa. melissa: you know there is also the idea that when we see specifically, i'm thinking the san bernardino killers and they say when they look into it, that if you went back and looked at social media, that there were signs there, we should have caught it, if you flip that around, what are we supposed to be doing, monitoring erybody who leaves the country and comes back, having checked their social media while they're gone? what is a reasonable way to sort of answer that problem? >> well i don't think we're doing enough of the idealogical test checking right now. as i said, i think there is too much emphasis on the financial.

i would have the state department rewrite these regulations so that our young foreign service officers are looking at the idealogical issues. go on facebook. go on twitter. figure out through our basic research are they passing an idealogical test. many times we're going to see that they're not. what they're saying on social media can catch them. it is not perfect system and it is incredibly difficult to do, but i think that we've got to start putting the emphasis more on the idealogical and less on the financial. melissa: i don't know if it sounds reasonable to you, other times when we had people on the show specifically who are muslim, they have said that there are specific questions that you can ask that really show somebody's fundamental beliefs and we know that is something that we should be doing. >> and we're not doing. melissa: but does that sound right to you? is that believable? people would say that is racist, that is islamophobic? >> no, i think when you're trying to look for an

idealogical bent, a radical ideology, that you know, every government is looking to make sure they don't allow that inside of their country. we're the only country that gets in trouble for doing stuff like that. every country should be doing that. and so, i think that if we just tried to make the emphasis more on idealogical and had our young foreign service as far as looking into that, we're already peering into their financial records. melissa: yeah. >> we're already looking into what they disclosed from a financial, in a monetary aspect. so let's flip it around. melissa: let me ask you, i want to get your take on this horrible suspected chemical attack that reportedly killed at least 100 people in syria today. we really don't know the full extent of it. president trump condemned the attack, saying today's chemical attack in syria against innocent people including women and children is reprehensible, can not be ignored bit civilized world. these heinous actions by bashar

al-assad regime are consequence of the past administration's weakness and irrest suings. what do you think our president should do? >> i think there is a lot that can be done and i'm sure the white house is scrambling to figure out what next steps they need to take. first question they have to answer though, what do we do with assad. is he going to stay? is he going to be removed? the lasted a administration, the obama administration said that their formal policy was that assad should go but practically, melissa, we didn't do anything about it. everybody knew that the reality of the u.s. policy was that we were just trying to isolate assad, that he was going to get to stay even though that wasn't the stated position. i think the trump team has to figure out exactly what the policy is on assad. should he stay. should he go. are we going to say we should isolate him. that is the first question. once you make that determination, then i think

there is a whole bunch you could do. we could restart the friends of syria. have the geneva meeting. bring the russians to the table. talk about some sort of humanitarian corridor. melissa: yeah. >> a way so that individuals who are still in syria can have the type of help that they need without being part of this war. i think you also can't look away from this horrendous videos that are coming out. clearly they are coming from government-controlled areas. this is once again assad. we know it to be true. the u.n. has evidence. i don't think we should look the other way. melissa: thank you, rick. apecte your time. tough stuff. david: meanwhile the story of the day domestically breaking her silence. susan rice responding to allegations of improper unmasking of the trump team. was the former national security advisor acting within the law? fox news's gregg jarrett, joining us next on that. >> she was committing a kind of

fraud on the intelligence gathering system, and if she participated in that kind of fraud to help facilitate the political misuse of that intelligence, she has got serious legal problems.

david: rejecting claims of a political motive, former national security advisor susan rice pushing back against claims she sought to improperly unmask trump associates after the election. >> let me -- >> leak the name of mike flynn? >> i leaked nothing to nobody and never have and never would. david: nothing to nobody. so were susan rice's actions within the law? here is gregg jarrett, fox news host and former defense attorney. first of all, greg, she seemed to change her story today from what she had said in the past couple weeks. >> 13 days ago on pbs she told judy woodruff she didn't know anything about. david: right. >> about cental collection or

unmasking. today she completely contradicted herself. she knew all about incidental collection and authorized unmasking of certain names. you know that could be a crime if she did it for political purposes. she insists however, she did it for national security reasons. david: but she says not only did it this time, but she suggested she revealed about how many other times she did it. let's play a tape of that, get your reaction. >> understand that over eight years, for me and others who served, it was not uncommon, in fact it was necessary at times to make those requests to find out the identity of the u.s. officials on every topic under thsun when it seemed relevant. david: on every topic under the sun, gregg. >> no, they collect things that have nothing whatsoever to do with national security. they don't know it at time, but when it is collected an examined it turns out it doesn't have anything to do with national security. so if a document is produced

house intel committees and look at it, self-proving, which is what lawyers refer to it, that it is clear on its face, it has nothing to do with russian surveillance or hacking or or anything, that is national security related, and she requested that a name be unmasked, that is a violation of the law, punishable by five years behind bars. david: wow. so is she talking herself into becoming a criminal? >> well, she insists she didn't leak nam that is really the serious, serious crime. there is five different statutes, whoever leaked the nail of michael flynn and maybe other people, they're looking at many, many years behind bars. david: but you're suggesting beyond just leaking, there are other things she could have done which would also get her behind bars? >> yeah. if she asks the name in a -- requests the name in a document that is unclassified and

unmasked, clear from the document, that it has nothing to do with national security, she is making a false statement in her request. that is a crime. five years behind bars. david: she also has a big credibility problem. what she said about bowe bergdahl. think about what she said about behazi. she has a credibility problem that follows her around everywhere. >> in the clip you played on the front end, she said, i leaked nothing to nobody, never have, show me a person in washington, d.c., that never leaked something to someone at some time. it goes to her rather abysmal track record on honesty and veracity. this is a person who peddled a false narrative relative to the benghazi attack in 2012 when confronted with incriminating evidence, she then said, okay, it wasn't true. and then of course she says, of bergdahl, he served with honor and distinction. he is a facing a court-martial. david: the big question did she act on her own with regard to

all this, we have to he save that for another day. >> who knows. david: who knows. gregg, thank you very much. melissa. melissa: congress may soon make it harder for the irs to seize money in what it calls civil asset forfeiture. the tool used by the justice department and the irs enables government to seize people's money if the banking habits of the subject mimicked those of money launderers or drug cartels. under the law, amounts as small as $10,000 could spark a seizure. the trouble is, plenty of small business owners do exactly that, with no intention of laundering money or selling drugs. congressman peter roskam and joseph crowley introduced legislation late last year to limit the irs's ability to seize people's money without first charging them with a crime t passed unanimously. now u.s. senator tim scott and sherrod brown are introducing companion legislation in the senate. advocates say changing the law is essential to maintaining property rights and preventing

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for a free quote today. liberty stands with you™. liberty mutual insurance. melissa: senate is debating neil gorsuch's nomination. the senate is trying to prevent him from sitting on street supreme court but will political molike this damaging to the united states? >> it is really all about hating trump, not partisan politics.

there is no doubt that judge neil gorsuch is qualified to sit on the supreme court and he will. now, political hatred is directly threatening our republic. we the people will pay a huge price if things don't change. melissa: here now is kirsten haglund, conservative political cop come minute tate tore. don galloway. thanks for joining us. any truth to what mr. o'reilly said? >> yes, i think most americans feel it. all you have to do open up twitter account and facebook profile in order to see the rancor doesn't just exist in the senate but it does among everyday americans this. is something that we all from to take some responsibility for. this election really brought out the worst in everyone. of course with what is happening on the hill with the nominee neil gorsuch isn't helping very much but really americans set the tone, right? if we don't like what our senators or congressman are doing, then we have the ability to rise up to let them know and

to vote in a certain way. it is the apathy really that is growing in a very destructive way because people feel like they don't have any efficacy anymore to affect these people. they don't show up and they don't vote. this is about americans saying hey, if you guys are not going to vote this guy in, for republicans if you don't show respect to our leaders americans have to step up and they have to vote. melissa: don, what do you think? it does feel like there has been a real break down. i don't want to cast blame on either side i think there is ton of blame to go round. >> sure. melissa: what do we do from here? >> well you, know, first it is disingenuous not to have this conversation in the context of what happened to judge merrick garland last year. the reason we're here now -- melissa: but that is blame. we're going backwards. what do we do from here? >> absolutely. going forward. that is why we're in this position. going forward it is important in my view the democrats hold their fire on this, not use the filibuster. i disagree with mr. o'reilly it

would be the end of our republic. important to remember times like this there have always been times like these. it is not the end of our republic. doesn't threaten our democracy. every two years the senate can adopt its own rules. "the nuclear option" happens, by all accounts it will, the democrats attempt to filibuster we'll have anotheret of rules in january of 2019. it is substantial intrusion on sinatra decisions which we hold dear in d.c. melissa: kristin, seems like that is clever move, watch the chess game out, we filibuster, they change the rules go nuclear, we end up this with guy anyway, lay down our weapons and look like the good guys? would that be a clever move? would they look like the better people or get hammered in their district for rolling over? >> that is exactly right. right here the democrats are drift by the same kind of real animus and enthusiasm among their base republicans were

faced with 2010 in the tea party, real drive towards idealogical purity. that is good thing because you get people more engaged. on the other hand it doesn't set the stage very well for finding common ground or take the moral high ground or higher road in this case. so they're being pushed. it is hard to underestimate how much they're pushing by vocal liberal groups which don't make up the majority of the democratic base, right? to do this not agree with anything or any nominee donald trump puts forward. if neil gorsuch who is excellent, enough can not be said about this man, liberal lawmakers applauded him as this record, if he can't get 60 votes in the senate, no nominee will get 60 votes for democrats. melissa: don, is that one of the challenges for times like now, after you have an election, sort of decided for a little while. so the people totally engage right now on both sides, are kind of hysterical. people who are really fired up. i don't mean to say that in negative way, i was kidding. >> sure. melissa: people who are really

committed to what is going on. people in the middle, are tuning out a little bit because they're like, well you know what? there is not an opportunity to vote for a little while. i can't do anything about it. i will not focus on this right now? >> sure that is definitely an element of this. chuck schumer and more liberal safe members of the democratic party are right to hold out the red meat to that progressive wing, activist wing of the democratic party by filibustering however that is probably not the best strategy for the long term. there is however a very practical element to laying down the weapons as we talked about, because for the next two years you want to make sure you have filibuster in place that would extend to potentially circuit occur judges as well as district court judges and all of those nominations. if the senate goes nuclear on friday, which leader mcconnell suggested that he absolutely will, that filibuster is gone throughout the he remainder of this congress. there is no indication that the democrats will necessarily take back the senate. they have a lot of turf to defend in november the 28 teen. melissa: that was constructive,

thoughtful conversation. you guys are setting a great example. >> thank you so much. >> thank you. we'll do it again. >> thank you. david: breaking news on revival of the health care plan. our senior capitol hill producer is reporting there will be a major meeting on health care tonight, 8:00 p.m. eastern at capitol. members moved moderate tuesday group, republican study committee, white house chief of staff reince priebus and vice president mike pence will huddle to salvage that health care bill. we'll be right back. i love that i can pass the membership to my children. we're the williams family, and we're usaa members for life.

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rice then we'll do it. we'll look at all of the intelligence as we go through this investigation, if there is some intelligence that leads to value of bringing them in, and having an interview, we'll invite them in. david: that does it for us, "risk & reward" starts right now. liz: growing calls for susan rice to testify before congress under oath. now senate intelligence chairman saying she may have to do just that, just days after resolutions that rice did ask for the names of trump be revealed and exped in documents, we bring that you interview. also, expert analysis, dr. ron paul warns your civil rights