liz: matt roddy with amazon-proof stocks he feels have a lung runway. [closing bell rings] nasdaq eking out a win. it is friday. here is "after the bell" show. melissa francis and david asman pick it up here. david: dow ending down 30 points in the red for the fourth day in a row, the longest losing streak more than a month. nasdaq only bright spot today. happy mother's day, i'm david asman. melissa: i'm melissa francis. this is "after the bell." we have you covered on all the big market movers but here is what else we have for you this hour. the white house now responding to the latest tweets from president trump including his warning to the former fbi director james comey, there may be tapes of their covers conversations. i don't know about that an update from washington. we told you one of the largest health insurance, aetna is quitting the obamacare exchanges.

coming up, chief architect of obamacare sikh emanuel. who is to blame. massive cyberattack crippling 12 countytries and two american companies. british hospitals forced to turn patients away because of the outage. reports are that the hackers used leaked nsa hacking tools. latest on dissing story. david: merck and among the dow's biggest drags. we have breaking news on unprecedented global cyberattack. we heard a little abt it from melissa. it is now affecting fedex and microsoft in a big way. ashley webster with details from the new york stock exchange. ashley, this could change fortunes of some companies. ashley: certainly could, david. massive attack in europe and asia. 12 countries at last count. you mentioned individual companies. fedex certainly one of those

affecting. they say their windows-based system has been interfered with. they're not say you how widespread the problem is whether it is impacting deliveries. they say they will deal with it as quickly as possible. microsoft has responded customers who are running their free anti-virus software have their windows updates enabled are completely protected. apparently not everyone had that. they are working with those companies who are still dealing with this malware situation. wells fargo, you remember the whole story about the bogus bank accounts and credit card accounts, some 2 million accounts? now we're hearing from lawyers who representing those claims in a national class-action lawsuit, that the two million could in fact be closer to 3 1/2 million. wells fargo moving lower. those bogus accounts going back to may of 2002. 3 1/2 million fake accounts without the customer's permission.

quickly for the market, retail pain is what it is all about. look at these numbers, for the week, penney's down 14%. nordstrom 15%. macy's 16. kohl's looking great only down 9%. it is the retail ice age. it is here. juggernaut that is amazon certainly hurting the brick-and-mortar stores, guys. david: we'll stay on the breaking news about the cyberattack on fedex and other companies. we'll bring you details throughout the hour. melissa. melissa: oil snapping a three day losing streak. gold snapping a two week losing vehicle. david: s&p 500 and down for the day and week. despite a slew of economic data that came out today. discussing this with me, forbes

media chairman, steve forbes and former investment banker carol roth. steve has his sling off. congratulations just in time for mother's day. glad to see you in good shape. really a cascade of good news came out today and this week. consumer sentiment was way up in may. jobless claims in the lowest level in 28 years. that's huge. risk of recession according to morgan stanley decreased to one in four odds. salaries have soared for the class of set of 2017. people graduating now can expect higher salaries. that is great news for millenials. i knew april would be a good month because it is tax season but budget surplus, $182 billion. i would think all this good news would lead to a booming market. what say you? >> markets try to anticipate the future, david. if you look at the legislative front, in aftermath of this comey blowup this week, people wondering will you get a tax cut

through congress? can you get real health care through? the republican party in disarray. amazingly after they passed the health care bill through the house, they did i had not have talking points for members facing angry constituents. maybe the president is good but the great future they thought they were going to have may not come to pass. david: carol, oldest expression on wall street, buy on rumor sell on the news is. that what's happening now? >> absolutely. the other thing, david, you have to remember there isn't a direct correlation always between what happens in the markets and what happens in the economy. i think that all the things you can mention are fantastic news for the economy, whether big businesses or small businesses. but as steve said, markets have been anticipating that as well as nice tax reform. so i think in terms of an economic engine, we're in a really good place. we need to be focusing, such low unemployment on the skills gap

and getting pele bter skills because we're running out of people who are looking for work with the skills. but we do need the next level of information and that is tax reform, to push this market higher. melissa: breaking news right now. russia's interior ministry says it came under cyberattack. we'll have more on the breaking story as it happens. meantime the obamacare death spiral, aetna is the nation's third largest insurer. they are announcing they're withdrawing completely from the obamacare marketplace in 2018, leaving their last two exchanges in delaware and nebraska. here is ezekiel emanuel, obamacare architect and fox news contributor. what is the solution for the problem? >> we all know what the solution is. we should be clear they had a time any footprint to withdraw from. 12,000 in nebraska. melissa: they had already given up. >> the withdrawal hardly affected stock price.

the stock price compared to monday was up -- melissa: everybody saw this coming? >> because about 1%. melissa: yeah. >> the three things you need to do enforce the mandate. cost-sharing subsidies help families under 60 you thousand dollars pay deductible and reinsurance risk corridors for insurers. we know what they are the administration and republican congress refused to actually make these things final. melissa: i mean ends forge mandate is idea that there are young healthy people who do not see a benefit in buying insurance because you're paying more for premiums you're using if you paid for million care out-of-pocket. so you're forcing young people to pay more than they're using subsidize older people. what is wrong with the idea of creating risk pools where -- >> you remember what insurance is? melissa: hang on. >> i buy homeowners insurance orfy fire insurance pay a premium now on the off chance somebody bad will happen. health insurance turns out exactly same. i buy insurance a young person i

hope i will not use, i don't need it for cancer. melissa: there is very big difference. you don't buy health insurance for tornado if you don't live, homeowners insurance if you don't live in a area with it happens a alot. with health insurance, it is so rare, risk benefit analysis i might get sick i might not pay all the money meantime. that is little bit beside the point. i want to ask you what you think is wrong with the idea of creating large risk pools for people who use a lot of insurance? this is key centerpiece of republican plan, directing federal funds at that, rather than distortion of trying to get young people to pay? we haven't been able to force people to do what is against their own economic interest. it is like socialism it doesn't work. if you direct government funds at pools of people who do use a lot of health insurance what is wrong with that. >> talk about the high-risk pools. melissa: sure. >> for a second, first of all in the republican bill they have $138 billion.

fred upton pounded his chest getting 8 billion more dollars. melissa: you're saying it is not enough. >> every analysis says that is inadequate. even republicans at american enterprise institute you need at least $200 billion. so inadequately funded that is the first thing. melissa: okay. >> second every economic analysis shows you very inefficient way to provide health insurance is. melissa: how do you figure. >> give subsidies of more than $10,000 to buy insurance that. is terribly inefficient. melissa: wait a minute. why is it inefficient if you direct mom at this to people who use it? why is it inefficient if you direct money at people using it to pay for that care? what is inefficient about that? >> well, because we know that 5% of the population uses 50% of the health care costs. >> right. >> so you actually end up subsidizing a huge amount of health care. where if you spread it out, get everyone insurance spreading out payments across entire population. much smaller amount. per person.

melissa: but it didn't work. take the government's money focus at area where people are spending money? you said it, so true, 5% of the people are doing 50% of the costs. let's direct all of our -- >> you know what 50% of the cost -- if you had to pay for that 50% of the cost, for these people, you're now talking about hundreds of billions, hundreds of billions of dollars. that is a by definition inefficient way to deliver it. melissa: i am with you. these people are using health care. someone has to pay for it. apparently we're starting from the premise people using the health care are not going to pay for it for whatever reason. if it is not -- >> for simple reason if you're real -- melissa: not -- >> let's explain.really sick yoa woman who ends up unfortunately getting breast cancer talking about in the first six months 80,000-dollar bill. you're going to pay for that? where median income is 56,000. melissa: i'm not disputing that person can't pay for it. who is going to pay for night let me finish.

that is why we have insurance. and best way of providing insurance to everyone is literal to provide it for everyone. spreads cost over entire population. melissa: that hasn't workedded. people are too smart for that. >> insurance argument with the second argument we really need to focus on cost control, getting our unnecessary care out of the system and inefficiently delivered care out of the system. speaker ryan's bill contains absolutely zero, zo elements of cos controls. nothing about long term cost control. you want to get rid of high prices in health care, cost control, and speaker ryan did nothing about. >> what cost controls you were talking about? you were talking about bending the cost curve which is not real thing and doesn't exist. what you're saying would control costs at this point? what would you like to see? >> bending the cost curve does exist, rate of inflation year on year out. through the affordable care act as well as other things, the cost curve did bend for five years after 2010. that is just a fact.

melissa: okay. i disagree with that but let's move to the idea. >> pay doctors, pay hospitals differently. melissa: what is differently? how do you pay them differently? more? what does that mean? >> interest in to get rid of inefficient care. melissa: i hear you. >> drugs and generics. melissa: has to answer my questions, sir. what do you mean pay them differently? paying them with money off of street. >> give you a good example. right now if you need a hip replacement, right, we pay the surgeon, we pay the anesthesiologist, we pay the hospital, we pay for the implant. we then pay for the care after the hospital, physical therapy. melissa: right. >> go to facility. rather than pay each of those separately where people don't have interest in collaborating trying to reduce cost, we pay one payment. we're paying $22,000 for that hip replacement. and then people suddenly figure out, oh they can save money. if they save money under that 22,000, they make more money for

doing that through efficiency and makes them more money. that is changing how we pay them. no longer fee-for-service. what is call bundle payment. they actually realize some of that. they bar gain down price of implant. use less intensive care. posthospitals facilities less. turns out to be efficient. they look at surgical site insurance, those are expensive to them. melissa: thank you. we got to go. we appreciate your time. thankthank you. david: we got to go. we're geing a little reaction to what zeke said and steve forbes and carol roth. what we just heard was essentially an explanation of what is possible, what could work, what should be working but it's not working. people see that their health care coverage is getting less efficient, costing a lot more money and insurers are leaving the states.

i just wonder all these architects of social welfare plans whether for obamacare or something else, once they get down the road their vision stays the same but reality becomes further apart from the vision. >> this is what happens when you have a top-down third party system, david. it doesn't work because socialism doesn't work f you have a normal market where consumers make the decisions instead of third parties like the government, insurance companies, big employers, insurance will work. melissa was absolutely right. i don't need pregnancy services but i'm forced to buy it. young people under obamacare are grossly overcharged for insurance, so they walked away from it. you have a normal market where you can get catastrophic coverage, guess what? consumers put pressure, patients put pressure on providers like hospitals and things like infections have hospitals post how many people die each month

at a hospital from infections received after they're admitted to hospital. free enterprise would work if we allow it instead of top-down va type veterans administration socialist system. david: carol, that is a prime example of what socialized medicine would look like in this country. again zeke emanuel's solution spend more money. need bigger pools if you have high-risk pools. once you get down that road, unless you're willing to to all the way to socialized medicine, frankly a lot of people in this country see how it works elsewhere, not sadfied way it looks elsewhere, including me, i spent a month in british health care hospital, i know what it is like, always spending more money. that is only answer they have for fixing things. >> not only spending more money, but putting the government in the middle of it, not only do you have the va example but look at something like social security where you do have young people paying in, understanding that that money is probably not going to be there for them later on.

so it is the sail kind of thing. you have another free market person here. so i think that the free market needs to work on both the health care cost control side as well as buying the health care insurance side. if you have that transparency, so you know how much things cost,. david: right. >> you have the level of competition, both for purchasing the health care coverage and as well as receiving the services, that is the only way we're going to get costs down, let enough people participate to make this work. i'm not sure why especially the republicans in congress don't understand that. david: some do, and some are trying to get us away from more government control but again some are working us closer to government control. steve, carol, wish we had more time. thank you very much. melissa. melissa: more breaking news. two security companies say more than 70 countries are affected by this cyberattack with russia hit hardest according to ap. we'll have more on this breaking news as it continues. david: interesting tharussia was hit the herdest because a lot of people were thinking oh,

it is russia. in fact they were one of the victims apparently. still early days. we'll find out more what is happening. new threat coming from north korea. lieutenant colonel oliver north on a letter the rogue nation sent to our congress. wait until you hear this. melissa: cracking down on voter fraud. the president launching a new commission looking into whether millions of illegal votes were cast in the last election. kansas secretary of state kris kobach will lead the charge along with the vice president, and he will join us. david: white house responding to latest tweets to president trump, including warnings to the former fbi director james comey there may be tapes of their conversations. details from the briefing coming nix. -- next.

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david: this is breaking news. it continues this hour, hospitals now in the uk, italy and spain, they were all struck by a cyberattack by hackers using ransomware and tools used by the nsa in what appears to be a massive global attack. hillary vaughn is standing by with the very latest. hillary? reporter: hi. security experts are calling the size of this attack, david, unprecedented. we're finding out more about tools used by hackers to hold these hospitals and companies hostage across 70 countries from england to japan, including here in the u.s. fedex reported their computer systems have been hit. one of spain's biggest telecommunicationses firms was also targeted. spanish authorities say they traced to the specific ransomware used in the attacks to stolen nsa cyber weapons. here is how they think hackers got their hands on them. the stolen ran someware was included a online data dump on a group claimed to release

hundreds of hacking tools used by nsa. these ran some wear attacks are continuing to grow. sent 60 doctors hospitals across england to lockdown forcing computer systems off-line. emergency rooms are diverting ambulances and evacuating patients to other facilities. they're warning people to stay away from the hospital unless they have an emergency. doctors resorting to using pen and paper while their networks are dark. no computers means no records, no prescriptions, no results for patients. this is screen shot what hospital employees saw when they went to use their computers. ransom message popped up on the screen demanding money to regain access. the attacks wanted $300 worth of bitcoin paid three days. if they don't get paid they threaten to permanently delete all hospital files. british prime minister tresemme so far there is no evidence that evidence that. computers running outdated version of windows xp and

microsoft confirms if you are using anti-virus software and windows updates enabled you should be protected. a lot of details coming in minute by minute. we'll. david: to specify, hillary, they asked for $300 million? is that what the ran some was? reporter: that's correct. david: $300 million. hillary vaughn, thank you. melissa. melissa: white house reacting to the fallout from the firing of fbi director james comey around latest tweets from the president. president. details from the briefing are next. 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.

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. >> so not a threat. the white house is denying that president trump sent a threat to former fbi james comey in a fiery tweet storm. fox business blake burman is at the white house with the latest on this. blake. >> melissa, good afternoon to you. the white house press secretary sean spicer had every opportunity at the press briefing this afternoon to say that there are no audio recordings between president

trump and the former fbi head jim comey. however, he stopped short at just that. there was an incredible warning from president trump via twitter saying the following. james comey better hope that there are no quote tapes of our conversation before he starts leaking to the press. take a listen here to the very first question to spicer earlier today. >> president trump record conversations with former fbi director comey? >> i assume you're referring to -- i talked to happen, the president has nothing further to add on that. >> why did he say that? why did he tweet that? whathould be interpreted from that? >> as i mentioned, the president has nothing further to add on that. as i said for the third time, there is nothing further to add on that. >> so i think you get the point there from sean spicer. the president also in a tweet took a pretty direct shot at the prest briefings themselves suggesting that maybe they

should just go away. there's been criticism of the press shop in the recent days and how they handled the firing of james comey. and tweeted out quote maybe the best thing to do would be to cancel all future press briefings and hand out written responses for the sake of accuracy. he questioned. the president addressed those concerns just a little while ago with judge in a interview that will air this weekend on the fox news channel. trump: you have a level of hostility that's very incredible. sarah huckabee is a lovely, young woman. you know sean spicer. he is a wonderful human being. he's a nice man. >> is he your press secretary today and tomorrow? will he be tomorrow? >> well, he's doing a good job, but he gets beat up. >> will he be there tomorrow? >> well, he's been there from the beginning. >> interesting response there from the president as it relates to spicer. you know, some of the reports that have been out there, melissa, that senior administration officials are pushing back on, as it relates to spicer here at the briefing today, he said that's just feels that the

president is a little quote dismayed at these briefings as they put it, he feels that some of this, this is their argument, they feel that some of this just evolves into a game of gotcha. melissa. >> yeah, no kidding. blake, thank you. david: here to react is heath manning and former democratic party came home from washington, d.c. scott bolden. scott, i'll go to you first because there is a gotcha element in the media. there were three big stories this week in addition to the actual firing that followed the firing of comey. the first one that we kept hearing a lot about is the rod rosenstein letter, which made the case against comey and the story that what's happening here is that the lr itself didn't really call for the resignation for mr. comey, but here the last two sentences of that letter. the fbi is likely to regain public and congressional trust until it has a director who understands the gravity of the mistakes and pledges never to

repeat them again. the director cannot be expected to implement the necessary corrective actions. i mean, isn't that a recommendation that someone should be fired? the press says "no." i say "yes." your thought. >> i think that leaves an open question for the president. but it gives him the pathway to terminate james comey. david: yeah, a recommendation for termination. asking for him to be fired; right? >> well, you could certainly draw that. in fact, if i were him, i would draw that. but here's the deal, though. why was james comey terminated? the president of the white house controlled this message. we heard three or four different reasons and, in fact, with lester holt, he talked about how the investigation of the campaign and russian collusion was going, and he was unhappy with comey. i really don't know what to believe here. that statement is a problem with him. david: i agree with you that there is a question of why he was fired. but that it leads to another either mistake or out-and-out falsehood that the media came

out this week that trump fired comey because the fbi was devoting more resources to the russia investigation. i'm reading from a news story here when, in fact, we had a meeting in congress between the senate and members of the administration involved in all of this. senator susan collins asked mr. mccabe, the acting director of the fbi about this. here's the exchange. >> press reports yesterday indicated that director comey requested additional resources. >> i cannot confirm that request was made. i strongly believe that the russia investigation is adequately resourcessed. david: so there again. a premise of a press story that the reason that comey was fired because he was putting in more resources to the russia investigation is wrong. we heard it from the horse's mouth. >> okay. but wait a minute now. that's one source. you heard it from the horse's mouth. >> that's one source? that's the acting director of the fbi.

his wife is a former democrat. >> it may be more reliable than other sources. david: of course it is. but he's right there. he is right there -- we know that that mccabe is trusted by democrats because his wife is a big democrat. she got a lot of money from the governor, the democrat governor of virginia. this guy is not a republican plant. . >> hey, listen, you have lots of sources outer for a lot of different media sources. david: the acting director for the fbi is not a source. here's the -- okay. we have one mother thing to talk about here. the washington post quoted one anonymous source reported that rosenstein resigned because he was upset at trump and the way he handled the comey investigation. but michelle from the broadcasting group caught up with mr. rosenstein, asked him about this, and here's what happened. . >> did you threaten to quit over the comey pullout? can you say anything as to why

you -- >> no. >> did you threaten to quit? >> no. david: he didn't. the washington post could have gone to the horse's mouth again. they asked him. instead they rely on one anonymous source in the justice department. >> well, it doesn't sound like the horse was willing to talk to too many people, even in that particular interview. david: he answered definitively "no." what's to not understand about the word "no," scott? >> well, we understand "no." but we don't know whether the washington post was able to get a yearn from him, and i'm sure they had other sources. david: they had one anonymous source. one anonymous source. even the watergate guys demanded two. >> let me jump in. let me say this. okay? donald trump and the white house and his communications team could fix all of this, if you will. you know what? say what the truth is. stick with it. have one message, and then you won't have the media looking at a million different sources. david: sean spicer is pretty good, but i don't think he can correct the mistakes by the mainstream media. >> he has to defend something that's indefendable, and

that's donald trump. david: the mainstream media can't defend their own front pageeports. >> he lies all the time. that's why he hates the media. david: clearly the press needs to cleanup their act as well. have a wonderful mother's day, scott, okay? >> okay. you too. >> all right. vladimir to the rescue as north korea is appearing. the leader of russia says he's willing to step in and stop a nuclear let. colonel oliver north weighs in t s at my age is scary. i say not if you protect yourself. what is scary? pneumococcal pneumonia. it's a serious disease. my doctor said the risk is greater now that i'm over 50! yeah...ya-ha... just one dose of the prevnar 13® vaccine can help protect you from pneumococcal pneumonia- an illness that can cause coughing, chest pain, difficulty breathing, and may even put you in the hospital. prevnar 13® is approved for adults 18 and older to help

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. >> fox news now confirming that fired james comey declined an invitation from the senate intelligence committee to testify in a closed session on tuesday. david: and we have more breaking news onhat cyber attack u.s. senator ben sass, a member of the senate armed services committee responding to the ungoing ransom attacks targeting 20 countries. issuing this statement quote cyber security is not a hypothetical problem. today shows it can be a matter of life and death. melissa. >> north korea protesting new sanctions. north korea saying the country sent a letter to the u.s. congress over a house bill to impose sanctions calling them quote a heinous act against humility. here now is lieutenant colonel oliver north.

post of the war stories and a fox news military analyst. what do you make of this story? >> well, of course this letter precedes just by a few moments the news that vladimir putin is now offering to help deal with the north korean nuclear icbm problem. but the letter from the foreign affairs committee of the so-called supreme peoples assembly objects to the may 4th near unanimous vote in the u.s. house of representatives to impose new sanctions against any companies doing any business with north korea. it also bars shippers from making port calls in north korea from entering u.s. ports. the house vote is actually the toughest sanctions against kim jong-un's regime since the clinton administration relaxed george h.w. bush sanctions back in the 1990s. the committee sent letters for more than 20 years and kim probably resuscitated it to provide communication with the outside world because he doesn't do that very well.

unlike our government, they've got one story, and they stick to it. the new progressive republic of korea government and the united nations are very likely to sees on this letter as an opening to press for a dialogue with kim and tell the usg to back off on tightening the screws on the democratic people's republic of korea. in other words, they want to give peace a chance. and that's a song, melissa, we've been hearing for three generations of the kim density. it never worked. >>eah. so what do you make of vladimir putin's involvement on that front? >> well, loo putin is no fool and putin just like the regime in north korea can speak out through the same organization. his regime does the same thing. the problem is the joint venture that has been going on now for years between iran and north korea is going to continue unabated. every time you stop to talk, they continue to build nuclear weapons and the means of delivery them. the record of wait and see is not good.

and kim now has four american citizens jailed. we ought to be calling them hostages because that's what they are. they're taken as human shields and possible negotiating ships. if kim really wants to show what he's up to and wants to have a dialogue about getting rid of his nukes, and that's exactly what secretary of state tillerson has been saying he's got to do, he needs to one, release the americans he's holding illegally and number two, open it up for un inspections. let's see what they've got and make sure they don't do any more. and they can have a very, very prosperous economy if they do that. >> yeah. what do you think is the likelihood of that and then what is our response? >> i would not bet on it myself because that's worse than the kentucky derby. president trump has done the best he can to raise the stakes on kim to get the chinese to tighten the screws. nothing like what the house is going to do. and the bottom line the only real leverage on north korea is china. unless the chinese are playing ball, it's not a winning game.

>> colonel north, thank you. bleak but thank you. >> truth hurts sometimes. >> yeah. gotcha. david: well, another promise kept how president trump is working to protect the u.s. voting system cracking down on voter fraud. next kansas secretary of state chris weighs in what if technology gave us the power to turn this enemy into an ally? microsoft and its partners are using smart traps to capture mosquitoes and sequence their dna to fight disease. there are over 100 million pieces of dna in every sample. with the microsoft cloud, we can analyze the data faster than ever before. if we can detect new viruses we may someday prevent outbreaks before they begin. looking from a fresh perspective can make all the difference. it can provide what we call an unlock: a realization that

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david: cracking down on voter fraud. president trump launching a bipartisan commission to review alleged voter fraud with vice president pence at the helm, the move coming after the president's past claims that millions of people voted in the 2016 election illegally. here now chris, kansas secretary of state and vice chair of the commission. you don't impanel a presidential commission, as you well know, secretary, without strong evidence of a problem. what is that evidence? >> well, there's been evidence collected at state level. so, for example, in my state of kansas, we recently in a

court case provided evidence of 125 noncitizens who either got on the voter rolls or attempted to and the suspected evidence is closer to 18,000. so we have lots of evidence in some of the states. but there's never been a nationwide effort to collect evidence from all 50 states and from the federal government databases as well and see what the total picture looks like. so this is a really important and historic exercise. david: now, hundreds and even thousands fall short of that two to five million number that we heard from candidate trump on the campaign trail. any evidence that those numbers will hold up? >> you know, it would be too early to speculate at this point. we'll just see what the facts yield and see what the statistics are and put those numbers on the table and let the public judge from those numbers. and the commission will just go where the facts are. but, you know, it's interesting, some things have never been done before. for example, many states like kansas have asked the federal government in the past "hey,

can we bounce our voter rolls against your database of known aliens in the united states" and the federal government has never allowed a state to do that. now we may have a chance to. david: there are has been a lo i know it's going to be bipartisan commission. but i don't see many democrats jumping onboard. bernie sanders says the sole purpose of this mission is to propagate a myth, and he goes on. and then we have a tweet from tom perez, who's the head of the d nc saying trump shouldn't be allowed anywhere near the word integrity. this so-called commission is a propaganda factory. and one more from adam schiff, a congressman says trump's vote fraud commission is a farce designed to prove a falsehood and establish a basis for voter disenfranchisement. i don't think this is going to be a bipartisan commission, do you? >> it is a bipartisan commission. david: what members do you have that don't sound like the ones i just read? >> well, it's interesting. we've got two very respected secretary of state that we've

already announced. matt dunlap of maine and bill who is the longest serving secretary of state in the country and other democrats as well who have agreed to serve. but the president offered elijah cummings, and he turned us down. there are some democrats like you mentioned who just don't want to see the truth. and my response to them is "what are you afraid the commission will find?" if the commission doesn't find much evidence of voter fraud, then guess what? we've helped your argument. so it's really curious to me how they don't want the commission to start its work. they're afraid of investigation, which, to me, shows their motivation. david: it seems the federal politicians don't want to play ball. but the local and the state -- state and local will. is that right? the democrats i'm talking about. >> that's a good observation. you know, some of them are all just about postering in washington. but at the state level, we are the ones who actually run the elections in america. the federal government doesn't run elections, the state elections do, so we're where the rubber hits the road.

david: thank you very much for coming in, chris. >> thank you. melissa: potential legal trouble for hillary clinton of the firing of james comey, what it means for the former presidential candidate e-mail in dear predictable, there's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced, our senses awake, our hearts racing as one. i know this is sudden, but they say: if you love something... set it free. see you around, giulia ♪ ♪ 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

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david: the firing of james comey from his role as fbi director could spell trouble for hillary clinton. this according to who appeared on tucker carlson tonight. listen. >> could be reevaluated not under the new fbi director but the department. comey misdirected the investigation by suggesting that the prove intent when, in fact, as he pointed out common sense tells you that they mishandled it, and they should have known what they were doing was wrong, which is

enough for prosecution. it's gross negligence under the law. david: joining us now to weigh in on the legal threat this could pose to clinton is judicial watch attorney michael. good to see you. so bottom line, we already remember that july 5th press conference at which jim comey came out, laid out what seemed to be a clear case of negligence, which is a crime when you're handling sensitive and top secret material. and then said there would be no charges, even though that wasn't his responsibility. so a new fbi director and a new justice department, will they put out charges against hillary for what she did? >> sure. you know, hopefully what will happen will the new fbi director will come in. you know, really the first thing he has to go is go through director comey's statement from july 5th, as you just said, and highlight key passages. and then he could hand that over to the justice department and the justice department could bring charges based on director comey's statements from before. you know, before

also, what probably needs to be done is to take a broader look at what they were investigating. david: but i'm just wondering if it has become a cold case insofar as a lot of immunity deals have been strike. it might be harder to get evidence because of those deals. what do you think? >> you know, a lot of evidence has already been gathered and there should be a fresh look at the immunity deals to see whether or not each of the -- i think it was five senior level folks, you know, actually held up their end of the bargain. whether or not they told the truth. whether or not they provided all information. and so it's not a cold case. there's a lot of information and, you know, additional information could be gathered if necessary. david: but i'm wondering if it can be done, as investigations should be done. there have been too many investigations way out in the open. everybody talking about what they're doing. like when trump complains about military people telegraphing what they're going to be doing before they do. can it be done quietly, which is the best way to gather evidence in this political environment. >> you know, i think if it's a

very discrete issue that they would be focusing on, somewhere where someone didn't tell the truth, it could be done. you know, there's a possibility that there's still an ongoing investigation into the clinton foundation. all of the pay for play e-mail that judicial watch released over the summer. you know, we haven't heard much about that and so a new fbi director could continue that in this investigation or start that up again. david: all right. we only have 30 seconds. but there is a classic argument against reopening the investigation. let sleeping dogs lie. we've all been through this to which you respond how? >> you know, i think it needs a closer look. you need fresh eyes on it to see if everybody can agree that what happened there were issues. so why not put a fresh pair of eyes on it and see how it plays out and see what happens. david: michael, we will be watching. thank you, michael. appreciate it. have a good weekend. >> thank you. melissa: so the perfect mother's day gift, you don't even have to go to the store, and it won't cost you a penny. are allergies holding you back?

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melissa: all right. the ultimate luxury gift this mother's day, i'm asking all of my fellow mothers out there everywhere give yourself a break. we try so hard. we worry so hard. we're always thinking about what we get done for our kids. there's my. have a laugh with the mother next to you and enjoy those special moments with your family while you can before that. that was us on halloween. david: by the way, those are the two mothers in mind. keep it back to melissa here for a second because she has a great article on the website about why mothers deserve a break. but if you could put up the two mothers in my life. there's my wife and my mother who i'm going to go see this

weekend, by the way. that's my wife on the left, my daughter in the middle, and my son's wife on the right. so a lot of mothers all over the place. if you think about it, you've got a lot of mothers in your life. take care this weekend. melissa: happy mother's day to martha as well. that does it for us. liz: more than 45,000 cyber attacks have slammed nearly 60,000 victims in 74 countries in the last ten hours. it is still spreading at a rate of five million e-mails with viruses per hour. this is a fast-moving story that's developing now. criminal organizations are suspected. which countries have been hit? they include the u.s., australia, italy, france, germany, england, spain, and now even russia. it's stretching across asia, europe, and latin america. we've got this story for you tonight. welcome to risk and reward. i'm elizabeth macdonald in for deirdre bolton. this cyber hack brought down spain's mobile phone nrk.