us. louis back tomorrow. so please tune in and join melissa francis and me on "after the bell" right here on fox business. 1943 to 1945. sir, thank you for your service. lou dobbs is next. . >> good evening, everybody, i'm david asman in for lou dobbs, who is on vacation. white house chief of staff john kelly today taking on the national left-wing media to blast reports of tension with the president, kelly saying shocking for him and the president when they read outright lies. >> one of his frustrations is you, all of you. i'm a reasonable guy, but i reason with him. i watch tv in the morning, it is astounding to me how much is misreported. >> we're going to take up the media's endless assault against this president. also tonight, president trump taking action where congress

has failed. president signing a new executive order to start dismantling the disastrous obamacare. we'll have a full report. and california in crisis. the fires that have devastated northern california's wine country are still raging with relief nowhere in sight. so far at least 29 people have been killed. hundreds more remain missing. we'll have the very latest. but our top story tonight, john kelly setting the record straight. the president's chief of staff making a surprise appearance at the white house press briefing to make it clear the administration will not put up with the left-wing media's endless stream of fake news. fox news' chief white house correspondent john roberts has our report. >> david, good evening to you. the chief of staff, john kelly, the latest subject of palace intrigue stories with reports suggesting he won't remain in the job for very long, like the secretary of state rex tillerson did last week, kelly came out today to say you've

got it wrong. it was a surprise move in the daily briefing. white house chief of staff john kelly meeting white house press corps on the record for the first time to say reports of i had demise are greatly exaggerated. >> i'm not quitting today. [laughter] >> i don't believe and i just talked to the president, i don't think i'm being fired today, and i'm not so frustrated in this job ta i'm thinking of leaving. reporter: kelly, long known in military circles as a no bs straight shooter acknowledged the chief of staff is the hardest job he has ever had, but disputed the notion certain aspects of it are getting to him. >> are you frustrated? >> no, not frustrated. this is really, really hard work, running the united states of america. i don't run it, but i'm working for someone who is dedicated to serving the country. i don't mean criticism to

mr. trump's predecessors but there was an awful lot of things that in my view, were kicked down the road, that have come home to roost pretty much right now that have to be dealt with. reporter: kelly did admit to being frustrated by news reports he said had little or no basis in reality and had advice for certain members of the media. >> maybe develop some better sources. reporter: the white house went out of his way today to indicate kelly is safe in his job, at an event to officially nominate kelly's deputy chief of staff kirsten nielson as the new dhs secretary, kelly singled him out for high praise. >> we are fortunate he is here at the white house as our chief of staff. do you agree with that? reporter: nielson who is kelly's chief of staff at dhs would become the sixth secretary and also the first former staffer to lead the department. i share the president's profound commitment to the security of our country. reporter: if confirm, nielson

will inherit the federal response to hurricane maria in puerto rico. president trump drew fire for a tweet about puerto rico when he wrote we cannot keep fema, the military and the first responders amazing under the most difficult circumstances, in puerto rico forever. democrats portray the tweet as heartless. >> it's heart breaking, and it lacks knowledge, knowledge about what the role is of fema and the others in time of natural disaster. reporter: but the chief of staff was quick to cover his boss' six. i think he said the u.s. military and fema can't be there forever. there will be a time to which the u.s. military and fema generally speaking can withdraw. reporter: president trump drew fire today for his plans to expand access to health care for small businesses and individuals. >> we are moving toward lower costs and more options in the health care market and taking

crucial steps towards saving the american people from the nightmare of obamacare. reporter: in an executive order directing his lieutenants at treasury, labor and hhs to allow small employers to band together and buy health insurance across state lines. plan would give people access to short-term limited duration insurance and allow employers more flexibility with health arrangements to pay for employees' medical needs. short-term plans are exempt from obamacare coverage protection. in a statement, senator chuck schumer saying it couldn't be further from the great health care the president promised. it would send costs soaring for older americans than those with preexisting conditions and add further chaos to the markets. it has been a busy news week so far. biggest news in the lunch hour tomorrow, that's when president trump will give a speech to outline his new iran policy. as we had been reporting this week, the president is expected

to not recertify the iran deal and ask congress for a tough new series of measures to rein in iran's behavior. david? >> john roberts from the white house. more than 8,000 firefighters in northern california struggling to stop the spread of the wildfires. devastating blazes have claimed the lives of at least 29 people with communication problems plaguing the search for hundreds of missing people. fox news senior correspondent adam housley in napa county with our very latest report. reporter: from the sky and the ground, views of utter destruction on day four of the fires in california's wine country. >> never, never in my life, there's fires that blow through ridges on edge right now. it's awful. absolutely awful. reporter: while they're making slow progress, fire officials warn it's far from over. >> we are in this fight for the long haul. it's going to continue to get worse before it gets better. reporter: as resources pour in from around the state and

country, crews are prepping for the next round of the fire fight, the national weather service warns humidity is low and the winds will pick up over the weekend. news that worries those living in evacuation centers like karen ingalls. >> i'm praying a lot, a lot, and asking for prayers from my family and friends so that we still have something to go back to. >> the garage door. reporter: and thousands don't, california state lawmakers toured the devastation on wednesday and promise to help those who lost everything. >> it's heart breaking and we need to provide as much relief as possible to the victims' families. we have a lot of folks. hundreds of folks unaccounted for. reporter: hundreds are listed as missing, but law enforcement says that number could be inflated due to duplicates and communication issues. >> cell service having problem, people evacuated from multiple areas, just not connecting with families. >> i have just been pulling my hair trying find her. reporter: the missing includes

jeff's mother, 61-year-old norma zar. >> she has a lot of medical conditions, we've checked the hospitals and can't find her. reporter: law enforcement has begun the painstaking task of identifying remains. >> identification is going to be hard. so far in the recoveries, we have found bodies that were almost completely intact and we have found bodies that were nothing more than ash and bones. reporter: this is the front line of the atlas fire in southern napa county. you can see the fire crews putting out hotspots, done a good job of stopping it here. forensic teams looking for possible remains and at this hour no official cause for any of these fires. david? >> adam housley, thank you very much. the house today approving a $36.5 billion disaster aid package including relief for those affected by the wildfires and the hurricanes. lawmakers turning folk to tax reform with republican leaders warning members they could stay

in session through the holidays if they don't act on tax cuts for the middle class. chief congressional correspondent mike emanuel has our report. reporter: half this country is living paycheck to paycheck, and if that means we've got to stay here until the christmas to give them the relief they need and deserve, tough, we'll do that. reporter: congress must fix the tax code by the end of the year. house democratic leader nancy pelosi fired back about keeping the house in on a friday instead. >> the speaker said keep us in until christmas to do his tax cuts for the rich. why dont we just stay in tomorrow and get moving so we can have a bipartisan discussion? reporter: last night president trump sold tax reform plan outside harrisburg, pennsylvania talking about potential impact on the middle class. >> my council of economic advisers estimates that this change, along with a lower tax rate, would likely give the

typical american household a $4,000 pay raise. reporter: the president emphasized he wants a major tax deal with fox's sean hannity. >> you can get a 40% tax deduction, the largest deduction in the history. reporter: one issue that could shrink the tax package is eliminating state and local tax deduction, allows people in new york, new jersey and california to save on federal tax bills. some lawmakers are concerned about the impact slashing the state and local writeoff would have on the middle class and democrats have pounced. >> the numbers are powerful here today, and you might want to think of it this way. 44 million households that represent more than 100 million americans derived this middle class benefit. reporter: ways and means chairman kevin brady and gop leaders look at the ways people in high-tax states can get relief as well. >> that's the fun part of my job. we've been doing this a while now.

i room with kevin brady, the chairman of the ways and means committee. we've talked about the details. reporter: ryan tried to rally for conservatives warning lobbyists and democrats may try to derail the effort. >> when the army comes, we must be able to count on the foot soldiers of the conservative movement to see this thing through. reporter: the house passed budget with tax reform language in it. there is more time for tax reform fine-tuning. david? >> mike emanuel, thank you very much. we are coming back with much more. please stay with us. white house chief of staff john kelly vowing to help hurricane ravaged puerto rico until the island is sufficiently recovered. >> our country will stand with the citizens in puerto rico until the job is done. >> we'll discuss congress' progress on disaster aid, tax cuts and more with congressman ron desantis. and president trump has brought the nfl to its knees. the nfl and the players

association set to meet next week to discuss the player insult of our flag, our anthem and our values. we'll take up the culture warrior president and a lot more. ststststst

[burker] at farmers, we've seen almost everything so we know how to cover almost anything. even a "red-hot mascot."

[mascot] hey-ooo! whoop, whoop! [crowd 1] hey, you're on fire! [mascot] you bet i am! [crowd 2] dude, you're on fire! [mascot] oh, yeah! [crowd 3] no, you're on fire! look behind you. [mascot] i'm cool. i'm cool. [burke] that's one way to fire up the crowd. but we covered it. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ whentertaining us,es getting us back on track,hing? and finding us dates. phones really have changed.

so why hasn't the way we pay for them? introducing xfinity mobile. you only pay for data and can easily switch between pay per gig and unlimited. no one else lets you do that. see how much you can save. choose by the gig or unlimited. xfinity mobile. a new kind of network designed to save you money. call, visit or go to xfinitymobile.com. . david: the fbi is investigating shocking reports of corruption

in hurricane stricken puerto rico. federal agents tell fox news they're receiving calls from local residents saying local officials are withholding critical splis. now fbi special agent carlos osorio highlighting an allegation wherelet official is accused of pulling his own car around the back of a government building and driving off after loading it full of fema supplies. 45 deaths have been blamed on hurricane maria. 90% of the island is still without power. the government hopes to have electricity restored completely by march. joining me is ron desantis of florida. a key member of foreign affairs, judiciary and oversight and the member of the freedom caucus. nobody would begrudge the people of puerto rico of anything they need, but if officials are getting rich with aid that's supposed to go people who are starving, who

are hungry, who deserve relief, that's a crime. that needs to be stopped. how do we monitor that? >> you are right. not only is wasting tax dollars, it's stealing from the hurricane victims in puerto rico. we saw this corruption after katrina in places in new orleans with corrupt mayor. unfortunately in puerto rico, you've had a lot of corruption this in the government for a long time, i think that the administration should absolutely be very forward leaning and policing that. if you could hold somebody accountable very publicly and directly, i think that may deter others from taking a similar course, and it's just a tragic situation that some of the supplies aren't going to people who have really had their whole lives turned upside down. there are people who don't get it in our society, unfortunately. david: be specific how to all happened. the bloated bureaucracy that existed in puerto rico for decades literally was a result

of the welfare state. they had all the benefits of a welfare society without all of the responsibilities that are entailed in providing those services to the public, and the governor is trying to change things. governor rossello is trying to change things, he's only been there a little less than a year, billions of dollars of aid are going into a corrupt system, it's a tough thing to handle. >> you had in 2008 to 2012, a republican governor was reform minded. he was instituting reforms, then lost the narrow election in 2012. we had four years where there wasn't much done to deal with any of the problems that the government now i think this governor is trying to do that, but you're right, there's been so many problems that have built up year after year that it's a tough situation, but put aside the hurricane which is obviously very difficult

circumstances. the fiscal situation there was really disastrous, and so this is really, i think, a time for the leaders in puerto rico to say, you know what? we've got to do this a better way, i think the governor is trying to do that. david: the fiscal situation regarding the country and our taxes. president is going to have trouble with the democrats. they're labeling his tax reform plan just for the wealthy which is ridiculous, the republicans under the guise of deficit reduction are suggesting that they couldn't possibly accept it under certain circumstance. here is senator corker talking about this on national public radio a couple of days ago, take a listen. >> unless it reduces deficits, one more siem, unless it reduces deficits and does not add to deficits with reasonable and responsible growth model, and unless we can make it permanent, i don't have any

interest in it. david: i don't have any -- i don't have any? the american people have a lot of interest in it, a big stake in it. the arrogance of saying i don't have any interest in it unless it's what i want, that's the in the way you get stuff done, is it? >> that's the swamp speaking, the voters are frustrated about, to put up any roadblock to prevent this president from succeeding. that is not what the voters sent us here to do. our voters sent us here to get things done and help the president pass the key tax reform. here's the thing, david. the establishment republicans don't complain about deficits when spending like drunken sailors. >> they've been there for years and the deficit has gone up, up, up. >> exactly. why not do a bold tax cut, a bold tax reform and then pair that with reductions and limits on domestic spending? there's no reason a republican congress couldn't do that but it's telling the people who are

opposing tax reform because of deficits, they're not willing to deal with our spending problem. david: i'll give you a reason why they don't want to do it, partly because of the swamp itself. i'm told lobbyists are going nuts inside the beltway. knocking on every door in congress. we had congressman meadows in from your freedom caucus saying just yesterday morning he had four groups of lobbyists into talk about how they wanted to save their particular deductions, are you getting the same knocks on your door? >> the estimate is there's going to be a billion dollars spend in lobbying on this tax bill because we have a 70,000 page tax code, it didn't get that way by accident. a lot of perks, special interest giveaways in there. here's the thing, we have a chance to do something that will lay a good foundation for economic growth for our country into the future. s in, the market's done good. there is sentiment, optimism because of the president, but if we don't provide this foundation, we're not going to

be able to grow 3, 3.5% consistently. yes, that's happening, that's how the swamp works. this is a chance for republicans to rise above that and do what's best for taxpayers rather than do what's best for washington's interest. david: congressman, best of luck in draining that swamp. rooting for you. ron desantis, thank you for joining us. appreciate it. >> thank you. david: and be sure to vote in tonight's poll -- cast your vote on twitter at lou dobbs. and a reminder to follow lou on twitter. "like" the show on facebook and instagram at "lou dobbs tonight." on wall street, stocks falling from record levels. the dow dropping 32, the s&p off 4. the nasdaq down 12. volume on the big board 3.1 billion shares. at&t plunging over 6% after the company lost 90,000 paid tv subscribers in the third

quarter. and jpmorgan and citigroup reporting better-than-expected earnings but shares lower as both banks set aside more money for credit card lending losses. reminder listen to lou's reports three times a day coast-to-coast on the salem radio network. up next, president trump is standing up for american values. >> i will tell you, you cannot disrespect our country, our flag, our anthem. you cannot do that. david: we're going to take up the nfl anthem controversy with ed rollins, coming next.

our recent online sales success seems a little... strange?nk na. ever since we switched to fedex ground business has been great. they're affordable and fast... maybe "too affordable and fast." what if... "people" aren't buying these books online, but "they" are buying them to protect their secrets?!?! hi bill. if that is your real name.

it's william actually. hmph! affordable, fast fedex ground. so we created the only bed that adjusts on both sides

to your ideal comfort, your sleep number setting. you can even see how well you're sleeping and make adjustments. does your bed do that? the most amazing part is they start at $699. that's $200 off our queen c2 mattress during the final days of our fall sale. ends sunday. visit sleepnumber.com for a store near you because she's listening this to audible.ughing and this woman is pretending her boss's terrible story is funny. experience the comedy, not your commute. dial star-star-audible on your smartphone to start listening today.

. david: i'm david asman in for lou dobbs, who is on vacation.

representatives of the nfl players union will discuss the controversy. commissioner roger goodell put out a memo tuesday saying everybody should stand for the national anthem. league will present a plan to move past this debate. joining me now to talk about this and a lot of other stuff, ed rollins, who's chairman of the great america pac, esteemed member of the political consultant hall of fame and fox news contributor. ed, i want to try to put together a couple things that don't necessarily relate directly. but the nfl, harvey weinstein, what's happening with nbc news and the kerfuffle there where they killed the story on harvey weinstein, some people say because of the connections between nbc news president and harvey weinstein. it's all a part of a piece of the culture wars and how president trump has gone after the pc culture in this country, head-on, and got -- as soon as he does, he gets a lot of

criticism, but he also turns out, seems to be, to be on the winning side. >> he has instinct and the instinct like the nfl, there's a lot of people appalled by the behavior. a the love the pro athletes who are extraordinary talent and the game they play, but people think they are rather privileged by the salaries and what have you, but no one ever says no to them. harvey weinstein, no one says no to a guy like thamp lots of people knew about his behavior, it's coming out, and they should have said no, you don't do this, this is not the way you treat women, the way you treat women who work for you. >> they cover for each other, buddy, buddy with each other, in the case of hillary clinton, they literally lie about some of the accusers and have the nerve to come out now and say the accusers of harvey weinstein are brave women, when those are the same women that were treated the same way by bill clinton.

she was trying to stop them. >> it's about misuse of power, and to a certain extent, the nfl players have to live by lots of rules as they play the game. they play by rules on the field, they can't go around beating up girlfriends anymore, as they shouldn't, and i think to a certain extent, the society is taking a very libertarian society, do what you want to do but don't hurt others is the rule of the young people, and to a certain extent, the hypocrisy is dooming a lot of this. david: the president himself, he's been very busy with deregulation policy, dealing with events overseas. now trying to get congress to do something on taxes. i hope he succeeds, lord knows if he'll be able to. he views role as a culture warrior as a very important part of his presidency as well, and he takes that on directly, and very often at first, they say, oh, you're craze these, is a ridiculous tweet. he ends up on the winning side.

>> he does because again, i think he taps in, it's not about polls, not about political advisers because he doesn't have any. instinctively he sees things that he thinks relates to ordinary people. what's made him a success in television business, successful candidate, unconventional but successful candidate and very well make him a successful president by tapping into the things people are concerned about. david: eventually they turn around. you look at roger goodell, completely behind the players taking a knee. now wishes they would all stand up during the anthem. >> he has to tell them to stand up. hold the helmet and be quiet for four minutes. not asking too much. david: will the defeat, and i think it's going to continue because it's been happening every month since he's been president, will the defeat of the pc culture he's after, it will lead to political victories, more political power inside the beltway so he can get tax cuts and other stuff? >> power in the beltway comes

from others in the beltway. he's tapped into those, you know, it's like when we grew up, the silent majority in america that was significant in the 60s and the 70s, a silent majority out there again appalled by all of this. they think these are privileged people, basically violate other people's rights and i think to a certain extent he's tapped into that. david: it's interesting, you say rush limbaugh says it as well, he doesn't think the media is parroting what the democrats are saying, he thinks the democrats inside the beltway are parroting and told what to say by the people outside the beltway, in new york and los angeles. >> the reality is we're a divided-up country, the red and blue is very real and to a certain extent a value system as much as everything else. david: ed rollins, a pleasure, thank you very much. we're coming back with much more, please stay with us. president trump is expected to decertify the disastrous iran nuclear deal tomorrow. >> i know exactly what i'm going to do but can't give it

away. >> there's no secret, i think it was one of the most incompetently drawn deals i've ever seen. david: we'll discuss the fallout with lieutenant colonel tony shaffer. and this group of skydiver about to put on a show like you have never seen before. we'll show you their flawless and jaw-dropping performance right here next am stay with us. you've thought about it, dreamt about it, maybe you should just go ahead and do it. we're legalzoom, and we've helped over a million people just like you start their own businesses. legalzoom. legal help is here.

♪ ca♪ yes you can ♪ can i kick it? ♪ yes you can ♪ can i kick it? ♪ yes you can ♪ well i'm gone ♪ can i kick it? ♪ to all the people who can quest like a tribe does... ♪ copdso to breathe better,athe. i go with anoro. ♪go your own way copd tries to say, "go this way." i say, "i'll go my own way" with anoro. ♪go your own way once-daily anoro contains two medicines called bronchodilators, that work together to significantly improve lung function all day and all night. anoro is not for asthma . it contains a type of medicine that increases risk of death in people with asthma. the risk is unknown in copd. anoro won't replace rescue inhalers for sudden symptoms and should not be used more than

once a day. tell your doctor if you have a heart condition, high blood pressure, glaucoma, prostate, bladder, or urinary problems. these may worsen with anoro. call your doctor if you have worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain while taking anoro. ask your doctor about anoro. ♪go your own way get your first prescription free at anoro.com. [fbi agent] you're a brave man, your testimony will save lives. mr. stevens? this is your new name. this is your new house. and a perfectly inconspicuous suv. you must become invisible. [hero] i'll take my chances.

♪i'm living that yacht life, life, life top speed fifty knots life on the caribbean seas it's a champagne and models potpourri on my yacht made of cuban mahogany, gany, gany, gany♪ ♪watch this don't get mad (bell mnemonic) get e*trade and get invested . david: president trump is

expected to announce his decision to not recertify the iran deal tomorrow. the president has long been a critic of the agreement and repeated displeasure with the deal on hannity last night. take a listen. >> it was an incompetently planned deal. it's a very bad deal. i'm not saying anything different tonight that i haven't been saying for two years, it's a horrible, horrible embarrassment to our country. we did it out of weakness when actually we had great strength. david: u.s. military data stolen by a hacker named alf during month's long breach of australia computer subcontractor, the hack targeted data related to sophisticated u.s. and australian weapons system. this is the third breach of u.s. military announced in the last week. joining me retired colonel tony shaffer, now a fellow at the london center for policy research. how are you doing, colonel?

we have more mounting evidence that a lot of the stuff that has subcontracted to private firms dealing with intel matters of military allies of ours whether australia or south korea has been infiltrated itself. that is the pentagon or other military will buy these systems, the software program, to protect their information, and just the opposite happens, it infects their system with malware. that's happening here in the pentagon as well. is it not? >> yeah, the first instance of this, david, interestingly enough happened in the late 90s with check point software, fire wall 1 which was purchased by the u.s. air force to protect their so-called unclassified systems. it was look, i'll be blunt, it was designed by the israelis and had tons of back doors in it. i would have thought we learned our lesson very early in the early years of cyberoperations but clearly haven't. david: is there no way to contain it, colonel?

>> absolutely. you have to be smarter than the average bear. there's reasons, some of the operations i ran, cyberoperations were only run using government personnel. that is to say, you had government employees either gs or some designation of civilian or military and do things to protect what you do. look, david, cia said the same problem, during the time with the current cia director has been there. mike pompeo, they had compromises of their technology because they give it to contractors. contractors seem to be the weak link and clearly what you described regarding the south korean breach happen because people were relying on people who supposedly had security clearances, level of clearance but clearly designated or targeted by the north koreans or other bad guys to essentially be a trojan horse to get into the systems. david: colonel, i can only imagine the whole situation has gotten a lot worse because of what we went through with the obama administration where we

had all kinds of security secrets handled much too flippantly by secretary of state among others. >> yes. david: and the overall strategy of how to deal with the world epitomized by the iranian deal. >> look i talked to the certain folks involved in the hillary clinton investigation. yeah, they told me that the things that they saw that were compromised literally quote, unquote set their hair on fire, these are people with high clearances. clearly, that sort of basically beyond malicious incompetence, you're talking about here, a planned event that has been very carefully orchestrated. let me remind you, david, the iranians do this. the north koreans have plenty of capability. david: i'm sure they share secrets and tips to do it. by the way, general kelly, who gave an unbelievably successful, i think, press conference today. >> yes. david: in my opinion. >> i concur. david: he spoke about though how he was kind to the previous

administration, saying i'm not blaming anybody, but i have to say, we were left with a hell of a plate to deal with, and part of it what he was talking about was security. >> right, clearly not only have we seen from the compromise, purposeful compromises to the media by what i believe to be members of obama, obama staff, i believe people in the intelligence community have leaked. they've got material weaknesses within the system and got to look at everything. look, david, i once told a senior administration official going into the trump administration they should treat the entire obama administration like a crime scene, and i wasn't joking. you've got to look everywhere for malignant, intentional things which have been broken and things which are just not working. david: you can't imagine empowering one of our enemies, iran, a country that prays for our destruction as a nation, powering them with billions.

>> 150 billion. david: it's nuts. lieutenant colonel tony shaffer, good to see you. >> thanks for having me. david: roll the video. these skydivers do the impossible. coming together to an x formation only to break apart with some breaking the chain in order to spin in the middle. take a look at this. just extraordinary. wow. coming up next, shocking new reports that harvey weinstein's contract allowed, allowed for misconduct, as long as he paid the damage. everything was okay. how is that legal? gregg jarrett takes up that next. you know who likes to be in control? this guy. check it out! self-appendectomy! oh, that's really attached. that's why i rent from national. where i get the control to choose any car

in the aisle i want, not some car they choose for me. which makes me one smooth operator. ah! still a little tender. (vo) go national. go like a pro.

. david: new reports tonight that harvey weinstein's contract allowed for sexual harassment. a 2015 employment contract reportedly stated the embattled producer could get sued for sexual harassment as long as he reimbursed the weinstein company for settlements or judgments. we are joined by fox news analyst gregg jarrett. this is unbelievable. a contract allowing for sexual misconduct. have you ever seen this before? >> no, i never have. if it's true, if it exists, this is powerful proof, almost

dead bang liability against the weinstein company because this contract suggests that they not only enabled his sexual harassment, but they were complicit in allowing him to cover it up by making payments to victims. david: let me just be specific. i'm reading from the contract now. it says if weinstein, quote, treated someone improperly in violation of the code of conduct he must reimburse twc for settlements or judgments, weinstein will pay the company liquidated damages for 250,000 for the fist instance, 500 for the second, 750 for the third and a million for each additional. >> i don't know what idiot lawyer actually put this in writing, but should have had it safe. it's out there now. "tmz" apparently has it. if you go against employer with evidence like, this can you get punitive damages as a victim, not just compensatory damages

for all sorts of things, loss of job, mental and emotional distress. on and on. david: is it fair to say because of the liability could this drain the company of all of its resources. >> except in sexual harassment cases, the statute of limitation says usually one year. david: that's not very long. >> they have to bootstrap it to other claims of mental and emotional distress that was intentional or negligent by the company. there's a longer statute of limitations nar. david: want to get to something else. tomorrow we hear from samantha power, president obama's u.n. ambassador. >> it's behind closed doors, i think. david: behind closed doors. i say we're going to hear, the congress is going to hear from her. about the unmasking. 260 unmaskings in one year, most coming between the election in november and the inauguration in january. in two months. how could she possibly justify this? ambassador bolton, who had the

same position said he only did one two or unmaskings in his entire career there? >> suspicious, as chairman nunez said, her position doesn't have to do anything with national security. the proof will be in the unmasking requests which should be self-proving themselves. if there is nothing in these conversations in which trump associates were also collected and surveilled that has anything to do with national security, then it's per se illegal. it is also a felony to use your public office for a political purpose and it's a violation of the hatch act, so it could be innumerable crimes. david: there is nothing illegal about unmasking itself, but you're not supposed to be able to use the entire power of the u.s. government, all of our intel agencies, for political purposes, to spy on a political enemy. >> yeah, look, nixon, is there any question now that the obama

administration was spying on the trump campaign? we have wiretaps, carter page and paul manafort and have all of this intensive surveillance that included trump associates from the time the president was elected and the day he was inaugurated. david: once again, president trump comes out and says something in a tweet or whatever form, the media goes crazy, he's nuts, this is impossible. eventually comes out to be true. >> looks like he was absolutely right. david: so many times that's happened. gregg, good to see you. >> my pleasure. david: president trump forced to bypass congress signing executive order on health care. >> this will cost the united states government virtually nothing, and people will have great, great health care, and when i say people, i mean by the millions and millions. david: we'll take up mr. trump's unilateral action with mollie hemingway and mark simonne after the break. stay with us.

♪ can i kick it? ♪ yes you can ♪ can i kick it? ♪ yes you can ♪ can i kick it? ♪ yes you can ♪ well i'm gone

reporter: in our online poll

last night we asked you if the national left-wing media should be held accountable for their lies to the public. only 97% of you said yes. molly. let me talk about the swamp inside the beltway. you must have seen a lot of swamp creatures in the halls of congress trying to do everything they could to hold on to the tax code they created. i am hearing they have never received as much attention from lobbyists as it is now. mollie: the mood is in favor of tax reform. some of these things haven't been updated in decades. corporations have anyone season tough to keep their money here in the united states. there is a lot of room for negotiation.

you are hearing a lot from the people loudly opposing it. david: i haven't shared such an optimistic twist on what's going on there. you still do have people who will be fighting against it. but do you think president trump could use this popular swelling of support for tax reform to go over the heads of those lobbyists and go directly to congress people and senators being affected by these lobbyists and call them out by name? mollie: yes, but the people are really focused on making sure everything comes out the way they would like it. you will never get rid of the lobbyists swarming all over the legislation. we have guidelines and we need clarification on how things will work out. it's corporations -- they have been suffering from globally high tax rates for 30 some years

and they are look for change. david: we had this drain from corporations that was unsustainable. you have to bring some of these companies back. corporate tax, 12%, 15% it's a suicidal policy. it's a no-brainer. republicans and democrats want that high corporate tax. it forces every corporation to bring an army of lobbyists. if you brought it down to 12% you what never hear from lobbyists again. but that's never going to happen. david: would the president sing single out -- single out corker? should he be calling out? he has done that in the past -- individual senators and

congressmen who seem to be affected by these lobbyists? >> sure. when they say how do you have to pay for it? you don't have to pay for it. you can bring down how much the government gets. david: that's what secretary mnuchin said. he said the deficit may take a hit from his initially until we get the growth and sustain more revenues coming into the u.s. but that goes against the congressional budget office. >> they are very bad at scoring and predicting what's going to happen. we know from the kennedy thanks reform and the bush tax cuts. what happens is you have a nice boost to the economy and that does pay dividends that are not accounted for. so that could be factored in as well. >> i have got to ask both of you about this culture war. i think it's a solid leg.

the president has three legs on this, improving our position in the world, reviving our economy and taking on and winning against the pc culture. i think he's making great strides at doing this. >> he's brilliant at this and they are dumb at this. the flag? you can't lose at this. david: are they afraid they are losing the battle? this is particularly on the left, the p.c. culture. mollie: i am not sure you can say the right is winning. but you can see there have been losses on the left. people have republicans have to focus more on the culture. that is happening. people are talking about underlying issues whether you believe in the issues of the country or whether you believe we are i are redeemably lost. david: mollie hemingway, mark simone, thank you so much.

thank you so much for joining us. louis back tomorrow. so please tune in and join melissa francis and me on "after the bell" right here on fox business. night from new york. kennedy: the president signs an executive order on healthcare. will it help dismantle obamacare or make it system pore bloated? what are the democrats going to do with the millions in donations from accused rapist harvey weinstein. a liberal has to defend a conservative position, and vice versa. turn on the oven. it's time to get cooking. if you have been smacked in the kisser by the obamacare sucker punch. the president has a new executive order that will save or screw healthcare depending on who you ask.