nasdaq and s&p are sliding as well. i'm david asman. glad you to join us. melissa: i'm melissa francis this is "after the bell." news breaking out of washington. "wall street journal" just reporting that special counsel robert mueller has impaneled a grand jury in the russia probe. details what this means coming up. blake burman at the white house with more. reporter: hi, there, melissa. person at white house in charge of dealing with everything russia at this point, ty cobb

brought into the white house to deal with instances like this. he told my colleague john robert, that the white house was not aware bob mueller he will empanel ad grand jury. we favor anything that brings this investigation into a swift conclusion, end quote. president trump, later tonight, a few hours from now will head to west virginia. for a rally there. that is the next time we see the president on camera. potentially getting a reaction from i am -- him. president will describe what he feels the investigation is. he called it a witch-hunt in the past. no reaction from the president immediately right off the bat. important to note, melissa, just "the wall street journal" reporting that this grand jury has been impaneled. on a day here at the white house which has been somewhat, somewhat flat i guess you could

say. now we have this. and the headlines come back to russia once again for this white house that is trying to move past it. melissa. melissa: blake, as i was reading background on this story, being, there was already a grand jury impaneled to investigate mike flynn, right on related charges? didn't that roll over into this case as well? do you know? reporter: details we don't know. solely the journal reporting it, mechanics are uncertain. journal reporting this going on a few weeks for this grand jury. melissa, this is so wide at this point. you have mike flynn in one bucket. then you have got so many other potential options with it. russian collusion. other folks, within the trump campaign, potentially at the time. we know the president said he had nothing to do with anything illegal. so whether or not this is kind of crossed the lines, we don't

know the journal reporting this has been going on potentially for several weeks at least. melissa: okay. to drill down on some of the questions, stand buy, blake. we'll bring in gregg jarrett, who is, or we will do this, i don't know. do we want to bring in brad blakeman as well. no? go with gregg jarrett. no one is talking to me. gregg, what do you make of this. >> brad is very fine lawyer. melissa: i'm sure he will pop up at any moment. we'll talk to him too. we'll go to you first. >> i wouldn't necessarily assume this means somebody will get indicted. while it is true a grand jury will indict, often times impaneled grand juries choose in the end not to indict because there is insufficient evidence. impaneling a grand jury accomplishes a lot of things. you can obtain sworn testimony. you can force people to testify. you can subpoena them and subpoena documents. it is a very useful vehicle. but i always worry about

grand juries. you ask any good lawyer, they will tell you it is undemocrattic. why? because there is no defense there. only as grand jury hearing one side. it is the prosecution that presents evidence. they do it in a way that would be disallowed in a court of law because there really are no rules of evidence. hearsay, double hearsay, triple hearsay is admissible. there is nobody there cross-examining on behalf of a suspect or a defendant, potential defendant. and thus the old saying, you can indict a ham sandwich because a powerful prosecutor presenting evidence in a particular way can get grand jurors to do what a normal jury in a standard case wouldn't do. david: let's bring in brad blakeman. former deputy assistant to president george w. bush. brad, one thing this does, we have no idea whether it is true, but more importantly than that,

whether the grand jury, if impaneled will indict somebody. one thing makes it harder to do politically to get rid of mueller, does it not? >> no question about it. from what we're hearing this jury was empanelled for some time. so their work has been ongoing. good news apparently bob mueller has a good handle on the investigation because we're not hearing leaks, the kind that you would normally see in sometimes other investigations like house or senate investigation where they leak like a sieve. gregg is quite right, precariousness of a grand jury, run just by the prosecutor, where targets come in, testify or not, they can take the fifth. their lawyers have to wait outside is one that is as gregg correctly pointed out weighted towards the prosecution. david: brad, if there was, i'm just, sort of spinning here, i'm just looking to the future, if in fact there was anything close

to impeachment, an impoochable charge brought -- impeachable charge brought, would it be grand jury brings that up or would that be done in another venue? >> that is up to the house. eventually if the, house impeaches, then the senate removes in a trial. they're going to hear possibly, testimony, regarding the president. now can that be used in an impeachment? i would say -- david: my real question is, if there is a particular person, if this grand jury is focused on, could that be donald trump, in addition to somebody else? >> i think, it is certainly within the realm of possibility but they're not the ultimate prosecutors who would bring a case against the president because the president can not be tried while he is president. the only way a president can be tried is after impeachment in the house and tried in the senate. melissa: gregg, that is so many steps ahead. what that question even assumes

is that the president is the target. we don't know that. in fact, we no that, or at least i read, could be in the mike flynn was target of yet another grand jury, there is paul manafort out there as well. we read extensively in bunch of reporting about his potential connections to various russian figures through real estate. >> "washington post" first reported about a month ago, that robert mueller was indeed looking into obstruction of justice on the part of the president, and perhaps others near him in the firing of james comey. but that doesn't mean that that evidence is being presented to a grand jury. it may be as you point out, melissa, with respect to other individuals and potential acts of conspiracy to defraud the government or something like that, during the course of the election or it could be you

know, financial dealings, that those individuals have which may skirt the law. so it may have nothing to do with president trump, or obstruction of justice. we just don't know. melissa: yeah, we'll see. okay, guys, we'll pause this for a second and move on to markets. let's go to nicole petallidess on the floor of the new york stock exchange. nicole, we saw markets reacting in the final hour of trading. although i have to point out, the dow did recover and close at its 7th record in a row. so what are traders telling you now? >> as soon as you get a headline special counsel mueller impaneled washington grand jury in the russian probe, oh, the russian probe, we have not reacted so much to washington headlines and same thing happened today. you got a flip. markets pulled back off earlier highs. the vix, fear index pops higher into positive territory. trump's lawyer comes out, that they want a swift conclusion.

everything is fine again. it is just a few minutes, the dow finishes up 10, a new record high. 7th record in a close in a row, right? so we've seen obviously this market just does not quit. big picture, as we saw some of the energy names such as exxon and chevron, they were weighing on the market overall as oil pulled back over 1%. energy was not where the strength was. two-day chart killed down 11%. ultimately missing numbers and hits an all-time low. tough news there. and then you had stern ruger, gunmaker. don't forget as we were running up into the election, these gunmakers did so well in 2015 and some in 2016, now pulled back. yesterday apple propelled us through 22,000. we were wowed by tesla. we wait on viacom kraft and the like. digesting washington and earnings. melissa. melissa: thanks for holding down the fort, nicole.

thank you. see you soon. david: bring in at that's market panel. scott martin kingsview asset management and kelvin kelly recon capital. sometimes these things take a while for the market to digest. if there is a lot of stories about this grand jury, if in fact somehow, some way it is confirmed, then it might hit the market, no? >> i think so, david but you know, we've had previews of these coming attractions before. this started bab in february, and march. the democrats were after this to begin with. so the markets, if you remember did have a quick reaction to that. usually took an hour to sink in, it lasted for a day or two, and markets moved on. the fundamentals underlying statistics at least on stock side, earnings and profits are still amazing. that is why stocks are going up. david: scott, that is really the point. the market looks at bottom line.

the bottom line, companies make more money. a lot has to do with the fact that the donald trump policy has wiped out so many regulations that it is much cheaper to do business in the u.s. than it was. >> i agree david. david: to kevin. go ahead, kevin. >> the word on the street over 800 regulations have been eased or taken care of. so the free market can do what it needs to do. moral of the story, this market is built upon a accommodative easing policies from not only our federal reserve but also a broad. we don't know if the fed raises rates later this year. think about this the dollar is weaker. a lot of companies in this market performed not only nationally but also internationally. 47% of revenues from tech stocks which has been leading this market come from abroad. so with a weaker dollar, they benefit from that. david: all the things are working in favor of business. we like that. kevin, scott, great to see you both. thank you very much. appreciate it. melissa: so more on this new

report on mueller many paneling a grand jury. a huge white house leak that could have major national security and foreign policy implications. who is behind it? what is going to be done about it? >> if there is even a thought that somebody was involved, get rid of them. it is unseemly what is happening at the white house right now hey, i've got the trend analysis. hey. hi. hi. you guys going to the company picnic this weekend? picnics are delightful. oh, wish we could. but we're stuck here catching up on claims. but we just compared historical claims to coverages. but we have those new audits. my natural language api can help us score those by noon. great. see you guys there. we would not miss it. watson, you gotta learn how to take a hint. i love to learn. watson, you gotta learn how to take a hint.

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david: breaking news. viacom reporting third quarter results. we go to nicole. >> share and beat on both top and bottom line. earnings per share a beat from 1.05.

revenue 3.6 billion. that beat the 3.29 billion. dauman was ousted out of viacom working on turn around plan. he i am self saying every day we're working hard to reinvent viacom, revitalizing the brands for the future. a few things to note as far as advertising here at home. they did see growth. domestically revenues were substantially flat. international revenues increased 8%. one by one, b.e.t. experienced strongest june year-over-year. comedy central, "the daily show" with trevor noah, came in with ratings climb, noting obviously doing well. this is the parent of nickelodeon, nick, jr., mtv, comedy central and paramount. the stock is up 3 1/2%. viacom on a beat. david: another great earnings report. there you go. nicole, thank you very much. melissa. melissa: the senate is getting ready to leave washington for august recess without passing

any major legislation. after facing obstacles returned for health care and tax reform, will they ever be able to accomplish anything? adam shapiro is live in washington. adam, i mean, come on, do these people actually work for a living? very frustrating. reporter: this is washington. don't equate work with what they do hear. adage from the '90s, keep hope alive. perhaps. we'll see. take a look what is going on. we created a map for you to show how many works days are left in september for them to do what is most important, which is raise the debt ceiling. you have got to do this essentially within 12 days, 12 working days. because that is how many works days the house will have. the senate will have a few more working days than the house. here is the deal. you got senator john cornyn saying we have to do something and we probably will. take a listen. >> we have a lot of things to do before the end of the fiscal year. i don't want to put a cart ahead

of the horse. what we need to do, i believe, in congress is not be distracted by the stories of the day. reporter: so the stories of the day of course are what is going to happen with the trump agenda? will we get tax reform? some people are saying there might be new bipartisan era emerging on capitol hill, don't hold your breath. even minority leader chuck schumer, democrat in the senate says perhaps. here is what he said recently. >> i hope the fever is breaking. there is a real desire in this body to move past the acrimony of the health care debate, get to a place where we can work together to advance legislation that helps the american people. reporter: anyway, so yes, they are done. they are going to go on, you might say vacation. don't want to say recess because they're essentially still going to keep the senate going pro-forma. just in case there would be a recess appointment or two. they don't want that to happen. on vacation, but still open for

business, sort of. melissa: there is a bipartisan effort to sit by and do nothing, commit to stalling and do nothing. amazing. reporter: merry old land of oz. david: the swamp, don't sink deeper into it. north leak, this one a doozy. "washington post" publishing full transcripts, full transcripts of calls between president trump and mexico and australia shedding new light on their very tense exchanges. blake burman live covering story and other breaking news. god hear, blake. reporter: phone call between president trump and enrique pena nieto lasted 53 minutes on january 27th. "the washington post" posted a transcript which shows that president trump in early days of the administration did not want mexican mt. about who may or may

not pate for the border wall. the president was eager to threaten possibility of tariffs. let me read you one part on that end. the president said in his phone call, i quote here, but you know, speaking of terrorists, could be 10%, or 15% or 35% for some products for jobs ripped off from their foundation and moved to mexico. most he says would be in the 10 to 15% range. i mentioned that call took place on january 7th. that was important because on the 26th pena nieto went on television that mexico would not pay for the wall and publicly announced he would not come to the white house for a meeting with president trump. the very next day when this meeting took place. when president trump implored, publicly do not talk about wall funding. one of his signature campaign promises. i quote, he says but you can not say anymore that the united states is going to pay for the wall.

i am just going to say we are working on it. believe it or not this is the least important thing we're talking about, but politically, this might be the most important thing to talk about. now the two also discussed the need to crack down on the flow of drugs crossing over the u.s.-mexico border. on that end the president said this about drug lords. and i quote. he said they are sending drugs to chicago, los angeles, and to new york. up in new hampshire, i won new hampshire because new hampshire is a drug-infested den. it is coming from the southern border. now here at the white house today at his only public event the president was shout ad question by a reporter about what he exactly meant by labeling new hampshire as that. the president did not respond. by the way there was another phone call in which the transcripts were posted. that being with the australian prime minister malcolm turnbull, 24 minutes it was fair to say, david the president was not pleased at all with the policy instituted by the previous administration about potentially

vetting 1250 refugees. the president railed against that deal but said it was something that he had to live up to because the obama administration put it in place. he describes his phone call with vladmir putin, more pleasant than with australian prime minister. david: one thing the president will be pleased by is the fact that the newly-elected democratic governor, jim justice of west virginia, is becoming a republican. apparently he is going to be with the president tonight in west virginia to talk about it. go ahead. reporter: the president will be in west virginia. he teased earlier a major announcement. that could very well be that. david: melissa. melissa: bring in brad blakeman, former deputy assistant to president george w. bush. he is back with us now. i mean these leaks, isn't that criminal? how can you leak -- >> it is. melissa: how can you leak the content of a conversation between our country's leader and another country's leader? >> this tremendous breach of national security.

damages our relationships bilaterally, but also hurts us internationally because foreign leaders now will be hesitant to speak to the president or anybody else in the administration for fear their conversations will not be held with the confidence they should be held. melissa: who is doing this? how do we figure out who is doing this. >> it is easy to figure out who is doing it. white house communications agency puts through calls. they know exactly who is on calls. putting through calls is one agency. second agency is nsc who is responsible for distributing transcript. i can tell you sure as i'm sitting here. they know who is on the call and who is in chain of command to receive transcripts. i would empower fbi get out their polygraph, everybody on the call, everybody on the list of distribution. put heat on them. you will get to leakers. melissa: you make it sound very straightforward. can we expect that? why wouldn't that be done especially when the white house says they're very serious about

finding those leaks? is that something general kelly would say? >> absolutely. who knows if it is not being done or hasn't been done already. we may not know. there is no way this should go unpunished. we have to find people that did it. bring them to justice. not only will that send a chill through the people who are supposed to hold confidences but send a chill throughout the government, that if you leak you will be held responsibility and have to account for it. melissa: this goes so far beyond whether you like or dislike the president. it is about national security. about any of our elected looters having calls with other elected -- just incredible to me. brad, thank you. thanks for your time. david? neil: he says it is easy to find out who it is. melissa: wait a little bit. check back if don't find or hear about it. scream loudly. david: a big night for the president. hundreds of people are i willing if the streets as president trump prepares to take his message to coal country. we'll take you live to

west virginia in a moment. melissa: plus heated exchange over the new white house immigration proposal. why it is raising new questions about media bias. charlie hurt, "washington times" opinion editor sounds off next. potsch: you each drive a ford pickup, right? (in unison) russ, leland, gary: yes. gary: i have a ford f-150. michael: i've always been a ford guy. potsch: then i have a real treat for you today. michael: awesome. potsch: i'm going to show you a next generation pickup. michael: let's do this. potsch: this new truck now has a cornerstep built right into the bumper. gary: super cool. potsch: the bed is made of high-strength steel, which is less susceptible to punctures than aluminum. jim: aluminum is great for a lot of things, but maybe not the bed of a truck. potsch: and best of all, this new truck is actually- gary: (all laughing) oh my... potsch: the current chevy silverado. gary: i'm speechless. gary: this puts my ford truck to shame. james: i'll tell you, i might be a chevy guy now. (laughing)

david: breaking news from "the wall street journal." reports are, from sources not named that a grand jury has been impaneled by special counselor robert mueller to look into the whole business of what we've been talking about with regard to the russia investigation. here now to react is charlie hurt, he is "washington times" opinion editor and fox news contributor. charlie, breaking in the hour. what do you make of it? >> it certainly means bob mueller is is serious about pursuing this thing for quite a bit longer. i don't think it is a foregone

conclusion that he will find any collusion between the trump campaign and russia itself, but, you know, as those things go, we've seen them many times unfortunately over the last few years, they can wind up going absolutely anywhere. david: yeah. >> once you have a grand jury, as they say you can indict a ham sandwich. david: right. there have been, there have been so many people of interest at least interest to the media, if not to prosecutors themselves in this thing. who do you think grand jury would be impaneled to investigate specifically? >> they have made plenty clear that they are looking at the campaign itself. so, that would be the principles you know, in the trump campaign. david: yeah. >> but as of yet, you know, there is absolutely no evidence that has ever surfaced despite all of the investigations from all of the reporters that have

looked into this, there are no solid allegations at this point. obviously the grand jury, bob mueller can go much farther than a reporter can. david: we're still, charlie, more than that, it is true, we have no ideas who specifically they would be targeting but we still don't have a crime, do we? >> exactly. there is not even, really any smoke at this point. there's a lot of manufactured smoke. but, there is no -- we haven't even verified it is actually smoke, not just sort of a mirage from a bunch of really furious people who hate donald trump. david: charlie, meanwhile there was a lot of smoke inside of the white house briefing room yesterday over this exchange between jim across to and cnn charging racism about the administration's new immigration policy. then the response from the white house official. let's just play that exchange. >> this whole notion of well they could learn, they have to learn english before they get to the united states, are we just

going to bring in people from great britain and australia? >> jim, i honestly say i am shocked at your statement. >> you're trying to engineer ethnic flow of people into this country -- >> that is one of the most outrageous, insulting ignorant and foolish things you ever said. for you that is really, the notion that you think that this is a racist bill, is so wrong and so insulting. david: charlie, at risk of using psychobabble, i will use a term projection. because my wife is from nicaragua. she is immigrant. she spoke perfect english before she came to america. the idea acosta says you have to be from britain or australia in order to have the brain power to speak english and insulting and racist in of itself. >> of course the law already states that in order to become a citizen you have to learn to speak english anyway. so it is, that was one of the most interesting exchanges i've seen from the podium in a very long time.

i thought stephen miller pointed up the important points of this issue better than i have heard anybody do it in a long time. and, i would have been, i would be sort of embarrassed right now if i was jim acosta. melissa: no. he loves it. he loves it. loves it. david: no shame there. that is the press corps. thank you, sir. thanks for rolling with the punches. a lot of breaking news. >> you bet. david: appreciate it. melissa: so contrived for face time, acosta. david: i have to say they're all in the same boat of immigration. same lack an knowledge about immigration throughout the press corps in d.c. melissa: more on breaking news this hour, special counsel robert mueller putting together a grand jury for his investigation. judge an you drew napolitano, fox news senior judicial analyst is with us next. ♪

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>> remember an fbi investigation without a grand jury is essentially toothless. this was the essence of the complaint a lot of us raised about the investigation of mrs. clinton. so without a grand jury the fbi can request documents and request interviews but it can't compel them. only a grand jury can issue subpoenas which can compel issues to testify before it or compel custodians of records to price them. the fact a grand jury is impaneled that means we're at beginning, not at the end of this, but also means there is a there there, there is something that some investigators have acquired via voluntary cooperation of some witnesses, investigators being fbi agents, who have recounted to the grand jury what they have acquired and what they need in addition. and the grand jury has presumably accepted that testimony and voted to issue

subpoenas. and those subpoenas have probably been served. now we don't know hot target of the investigation is, and we don't know who the recipient of subpoenas are. but we know there is something there, more than just a little bit of smoke or they wouldn't be wasting grand jury's time. melissa: totally. let's drill down what you just said there. by process of elimination. who do we know so far who has agreed to cooperate, related to that meeting that we're talking about between the russian lawyers and donald trump, jr., and who has not agreed to come in and talk? >> we don't know. someone knows this. bob mueller knows it and investigators know it. it may be no one there cooperated. it may very well be that the investigators want to see all. mails between the people at meeting with russians and russians themselves. and in order to get those e-mails, they have to give the grand jury a basis for it. they have to get the grand jury

to s&p the emails from service providessers. it could something that recall on. could be somebody at that meet something giving some information to the fbi. whatever they're giving to the fbi, has caused them to run to a grand jury so they can get more. melissa: we're also hearing that this is from our own john roberts. that trump attorney john dowd tells fox news on the record that we have no reason to believe that president trump is under investigation. what do you make of that? what does that mean? >> quite frankly that is a pr statement at this point. the federal government -- melissa: would that mean they haven't received a subpoena of any type? they couldn't say that if they weren't asked for anything? >> i can't imagine the they would subpoena president of the night personally. it is too recall in the game. what bob dowd really means, bob mueller has not sent him a target letter, meaning the president of the united states is not a target of a criminal investigation. the department of justice is required to send that letter

when they concluded they will seek an indictment. that would be many, many, steps from now. so technically he is right. they haven't received a target letter. but as a practical matter, it is too early in the investigation for anybody to conclude, conclusively, that the president is not the subject of this investigation. melissa: but you're saying it could be something as simple they're demanding emails? >> yes. melissa: that is the only way to get it. >> yes. why i encourage our colleagues not to overreact. summoning of a grand jury is the at the beginning stages of an investigation. it means it's a professional investigation. it means there is something there that the prosecutors want that they can't get voluntarily. so they need this tool called a s&p. only the grand jury can give them a tool -- melissa: people have not heeded your warning and jumped off the deepened into the pool that

we're on the way to impeachment. sweet of you to remind them we're not quite at that point yet. judge napolitano thank you. >> i'm happy to be sweet with you. david: a sweet man. here is dan mitchell cato institute. i won't ask you to talk about the case because we don't know much about it, how might this affect #-d agenda specifically dealing with tax cuts? >> there are two features to pay attention to. if all this potential scandal weakens trump politically, it becomes more likely that republicans will break ranks and not feel that they have to go along with trump's tax agenda, his budget agenda, if obamacare comes back up again. the weak are trump is, the more sort of moderate republicans can break ranks. of course the second thing, the flip side, the democrats, whether you're talking about manchin and in west virginia, whether you're talking about the indiana senator, north dakota, there are a couple of moderate

democrats who are gettable on tax cut issues, but if trump is weak will they go along with the republicans in general on taxes? probably not. it is to the advantage of trump's opponents to kneecap him as much as possible. melissa: dan, i think that is a very sensible analysis. i would add one thing though. based on recent history, we're all, just about all of us are old enough to remember the clinton impeachment and the events that led up to that. right in the middle of whole thing in 1998, ken starr, the special prosecutor was cooking, all this talk about grand juries and everything, he cut capital-gains taxes right in the middle of that investigation. we had a significant cut in capital gains which led to a boom in the stock market. some people said it was overwrought because it led to the.com collapse but the bottom line you can walk, many panel a grand jury and possibly go all the way to impeachment and still

get tax cuts! >> except, don't forget the capital gains tax cut was part of the 1997 budget deal. it was really early in the process. david: it was. but we are too right now. >> you're right on that but here's the part about what happened in the 1990s that is painful to remember. bill clinton was actually going along with social security reform. when the whole impeachment thing started, he tacked hard left to shore up his base and we lost our chance to fix the entitlement program. so i'm hoping whatever is happening right now could be a fishing expedition, could be something real, i have no idea. i'm hoping it doesn't derail a good thing today. david: yeah, we need tax reform today. dan mitchell, thank you very much. appreciate it. melissa: not backing down. feeling heat from yet another white house leak. why our next guest says it proves president strum is stronger than obama when it comes to foreign leaders. ric grenell, former u.s. spokesperson to the u.n. is

next. ♪ ♪ ♪ ♪ ♪

melissa: more now on dangerous leaks coming out of the white house. our next guest tweeted following. obama caught on tape being weak to russia more dangerous than trump caught on tape being strong to mexico. just remind everyone what we're talking about here. this was the moment when president obama spoke with russia's president at the time dmitry medvedev. >> this is my last election. and after my election irv more flexibility. melissa: amazing right? former u.s. spokes person to the united nations ric grenell joins us. ric, we were talking at beginning of the show, these transcripts of these calls and the president and other world leaders being leaked out to the news media and just thrown everywhere, you how dangerous

this is. at same time people are doing it to try to blast him. you pointed out what he said is something like what we actually saw on camera, we just showed people. >> yeah. look let's start first with the leaks. we have to prosecute the leakers. this is terrible. having partisanship, permeate our intel agencies is really dangerous. it is a slippery slope. it has to end. we have to get serious about it. by the way, the news media, they love the leaks. they're not going to help us. they will not investigator highlight the problems. melissa: true. >> they feed off these problems. so it is really up to washington, d.c., politicians and responsible people to crack down and stop this, but, the point is, getting caught on a hot mic unexpectedly is never good. obviously we never want to see that. but for president obama it emphasized a weak moment in front of russia where he was literally caught telling the

russians, give me a little time and i will -- melissa: do whatever you want. >> more after i dupe the people of america. i will be able to come clean with you guys and do your bidding. that is really what he was saying. for president trump, however, getting caught here, it is a popular moment with his base because many people are annoyed with washington, d.c., status quo. they're annoyed with politicians they don't like what is happening. seeing president get caught on hot mic unexpectedly, showing kind of annoyance with the status quo, i think it is going to make a lot of trump supporters say, that is why we hired him. melissa: yeah. do you think it is as easy to find the leakser as our earlier guests said? you basically know the people who would have access to the transcript? if you got out a polygraph or lie detector you could go down the list to figure out who it was? >> absolutely. first of all if it is classified

information at all, as soon as somebody opens it, there is record and if somebody prints it, there is additional record. i know the distribution list for the information after the unmasking was found was wide. there are people at the nsc and the state department who are surprised they were on the list getting so much information. so the motivation from political ap.ees like ben records and susan rice to give this information out widely as possible, knowing that gossip chain would take over and somebody would leak it. >> ric grenell. thank you for your time. david: by the way, grand juries are supposed to be secret. speaking of leaks. that is the news of the hour. we'll see how that transpires. will the president respond to the breaking news at his rally tonight? president trump is heading to west virginia. teasing a huge announcement.

jeff flock live on the scene with details next. ♪ experience unparalleled luxury at the lexus golden opportunity sales event before it ends. choose from the is turbo, es 350 or nx turbo for $299 a month for 36 months if you lease now. experience amazing at your lexus dealer. rethink your allergy pills. flonase sensimist allergy relief helps block 6 key inflammatory substances with a gentle mist. most allergy pills only block one. and 6 is greater than one. flonase sensimist. ♪

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david: we are just a little more than two hours away from president trump's make america great rally in west virginia where he won over voters promising to bring back jobs to america's coal country. jeff flock is is standing by in huntington, west virginia, ahead of the rally. jeff, there is big news we're expecting tonight. i guess that the west virginia governor who won as a democrat will switch parts, right? reporter: jim justices his name. talk about coal country, he owns multiple coal mines here. he is a billionaire. mr. justice apparently will be on stage with president trump tonight to announce he is going back to the republican party.

important to note that jim justice was a life-long republican. he switched parties to run for governor. got elected. beat the republican. he has some issues with popularity though in the crowd. just introduced the largest tax increase in west virginia history. that has not gone over tremendously well, but there you go. he will be on stage here tonight. i suspect if he doesn't get a warm welcome president trump will. you see this crowd is typical donald trump crowd. big fans out here. i tell you if his support started to wane in the state of west virginia you have to wonder what is going on. this is a place where he is tremendously popular. won the state huge last time. question what will he talk about? subject of the grand jury, the news just broken? will it be about immigration reform which is popular with this crowd? will it be about taxes. at this point we don't know, but it is always entertaining time

when the president comes out here to speak. as i can say. this crowd is ready to hear from president trump. i leave you though, david. you know, in fairness, before we get away. make sure we show the fact that there is a fairly large crowd out here to, say, trump, i don't know what that says. s-u, anyway there are not on board. melissa: trump has socks on, he has socks on. jeff flock, thank you. david: his crowd is bigger. melissa: there you go. stay tuned for full coverage on fox business of president trump's rally. it kicks off with lou dobbs at 7:00 p.m. eastern. we'll be right back.

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. >> just to remind you, a story we've been all over, special counsel robert mueller impanelled the grand jury in the russia probe, we're told. reuters is reporting subpoenas

have been issued in relation to the june 2016 meeting between donald trump, jr. and russian lawyers and others. >> by the way, trump's attorney, ty cobb, related to the original ty cobb says these things are supposed to be secret. what happened? >> interesting. all right. "risk & reward." liz: breaking news from the "wall street journal," special counsel robert mueller is getting a grand jury as part of the investigation into russian interference in the 2016 elections. the move signals the probe is entering a new phase. reuters reporting grand jury subpoenas have been issued in relation to the russian lawyer meeting with donald trump, jr.. welcome to "risk & reward," i'm liz macdonald in for deirdre bolton. mueller has been called ken starr times a thousand, reports indicate mueller is following the, quote, money trail. some unconnected to the