i would say you're best off with the tax fund in general. liz: this time tomorrow we'll be getting the tesla numbers, that's ross gerber of gerber kawasaki. yes, indeed, it is a record close for the nasdaq. see you tomorrow. melissa: it is treats all around for the market. the dow and the s&p are up for the seventh month in a row, and the nasdaq is ending the day with a new record close. i'm melissa francis. david: and i'm david asman. happy halloween. this is "after the bell." we've got a lot going on this hour. let's show you what we're going to be covering. it's what we have been waiting for. tomorrow house republicans are going to be unveiling their plan to overhaul the nation's tax code, and one senator says all hell is going to break loose. the latest details on the plan, what it means for you and how the swamp is responding. they are resisting change. melissa: they don't like it. david: not at all. new fallout from the russia

investigation, special counsel robert mueller sending a message to d.c. are democrats about to get caught in the crosshairs? and the big three social media giants -- facebook, google, twitter -- they're all currently on capitol hill. what the tech executives are telling lawmakers this hour. coming up we've got republican congressman steve pearce and chris collins, judge andrew napolitano, howie kurtz, host of "media buzz," and bob cusack from "the hill." melissa: what a good lineup. david: first, a little breaking news from manhattan, that breaking situation. lower manhattan where there are now reports that a pickup truck ran into a crowd causing many serious injuries. right now -- [audio difficulty] is in custody. this is a developing story. we are going to be monitoring it for you throughout the hour and break in with breaking news. melissa. mel back to markets -- melissa: back to markets. the blue chip index is up almost 1,000 points. nicole petallides is on the floor of the new york stock

exchange. nicole, that is quite a winning record. >> reporter: it really is. i was just looking at where we closed, we closed at 22,405 on the last trading day of september. we've had a great month of october. in fact, you did see the dow, the nasdaq and the s&p all gaining, the dow up about 4.3%. i know we're settling those numbers led by sectors such as technology and ulta merles, utilities. it's been a great month thus far. the gain was really because of 3m, apple, unitedhealth, those were some of the names. and with the dow up seven months in a row, it's on pace for the longest winning streak since april of 2012. i wanted to get to qualcomm, apple, intel, chipmakers. that was the big story when we came in this morning, qualcomm sold off in a big way down almost 7% as apple gained. we did see apple moving to new highs. we also -- all-time high of $169.65. this as apple said it's been noted that they, apple, may not

use the qualcomm chips going forward because of, actually, some legal issue that is the two have been having that and intel may be the beneficiary going forward. intel already works with apple on the 7 and the iphone 8. intel jumps 2.5%, moved to a high that we haven't seen since roughly 2000, so the chipmakers did well. great month of october and happy halloween. melissa: nicole, thank you. david: well, tomorrow is the day house republicans release the tax reform bill we have all been waiting for, and the white house is willing to do what it takes to get tax cuts for all americans, hopefully. blake burman is live at the white house. blake, what is the president saying about the bill so far? >> reporter: yeah. so, david, this bill expected to be released here tomorrow. the negotiations continue, believe it or not, here in the last, final hours. one of the things that is still up for debate here which we've been following is the corporate tax rate, whether or not it will be implemented at 20% immediately or take a handful of years down the line to get to

that point and eventually be phased in. earlier today here at the white house when he was meeting with trade association ceos, the president suggested that he does not want to see it phased in. >> we're not looking for that, no. we're not looking for that. hopefully not. something, some people have mentioned that. hopefully not. >> reporter: now, the white house has been working with congressional leaders for months, for month, for months now on this tax bill. but when i asked sarah sanders at the white house press briefing a little while ago whether or not the white house, the president specifically would wholeheartedly embrace it tomorrow, she suggested that he would do so if it stood within certain programmer ifs. parameters. >> as of right now, we see no reason to feel otherwise. but until we see the details of that, i'm not going to speculate on where we are. we've laid out what our principles are, and we expect that piece of legislation will reflect those principles. if it does, you'll certainly see the administration come in with full-throated support. >> reporter: in the final hours here, the struggle for

republicans remains frying to figure out -- trying to figure out a way to generate revenue even though many contend this $1.5 trillion in cuts will be paid for with growth. senator chuck schumer today called that, quote, and i quote here, self-serving bull. melissa: that's what he is. >> reporter: i'll send it back to you. david: but the point is phasing in over years, countries all over the world are lowering their corporate tax rates right now. if we wait for years, we're never going to have companies come back to the u.s. that's the problem. blake, thank you very much. from the white house. melissa: to chuck schumer say, i owe you are, but what am i? here now ahead of the release of the tax reform bill, republican congressman steve pearce from new mexico. thank you so much for joining me. you just heard the president push back hard on the idea that the corporate tax cut is going to be phased in over years. what say you? >> i would agree with the president. we're trying to jump-start the economy, bring manufacturers back here. the other nations have already

lowered their taxes. if we're going to be competitive internationally, we need to go straight at it. melissa: yeah. is the top rate going to be lower or not? we've heard system folks come out and say that top rate should stay at 39.5. >> yeah, it's 39.5, we're looking to go to 20%. 25% is going to be good for small business, they get that 100% write off in the first year. i just think this is going to create jobs in the rural economies but also in the bigger areas too. melissa: what about personal income though? that 39.5% for the wealthiest americans, talking about bringing it down to 35, does that happen or not? >> that, i think, is going to be negotiated right until the very end. for me, i hate to see tax increases on anyone. i think that every time we give a tax cut, it makes the economy go a little bit stronger. melissa: yep. >> i'm mostly concerned about the middle class and small businesses, for me. melissa: yeah. you hear -- i guess i'm wondering does it have enough support. you hear from folks like susan

collins saying that she's insisting she wants to tax dead people. she can't get away from that idea at all. she wants to make sure that top earners are taxed as much as possible so that they believe the country or, you know -- believe the country or give up working. she's not going to support it, do you have enough others? >> our task in the house is let's just pass a bill. right now i would guess our bill is going to look very much like what the president has suggested. our numbers are very similar. and so if we push a bill to the senate, then the senate will have to do what it will do, but then i think it'll come to the conference committee, and that's where the real parameters are. we've got to bring manufacturers back and jump-start the economy, that's the most important thing right now. melissa: what do you think are the holdouts, the points that are most likely to get changed or really up for negotiation? is it that state and local income tax deduction? what is it? >> i think that is right where the pressure is going to be. for us as a small state, it's

not too big a factor. for me, it will not be the deciding thing. i wouldn't mind seeing those deductions come i after. we want to simplify, we want to make it level across the field, but it will not be the deciding factor for me. melissa: yeah. you guys are encouraging us a hot. it feels like it might happen. we've been asking everybody who comes on on a scale of 1-10, 10 being blessed certitude, what are the odds this thing gets done. what do you think? >> i think it's going to get done through the house. i would give it at least a 70% chance to get through the house and the senate, signed by the president, maybe a little bit hereer. the -- higher. if the representatives and senators are going home, you know we had better pass it. and both parties are under the same pressure because people are worried about their jobs, our economy and the future of the country. melissa: is i want to be clear, you say you're giving it a 7 out of 10, a 7/8? >> 7 is positive for me. so, yeah, 7 out of 10

possibility. you may have ordered it the other way, but i always think 70 percent is a good score. melissa: i send my kids back to school to make corrections, my friend. we'll see. thanks for coming on. david: 70% is a c-. here now, hadley heath manning and gary cough balm from cough bam capital management. charlie, one is the deduction for state and local tax and the other is this phased-in idea of the corporate tax rate. what can you tell us about either one? >> well, on the deduction, as you know, the trump plan, the congressional leadership, gop congressional leadership is looking at has the deduction for state and local taxes. a big item for gop congressmen from new york, new jersey, california, and there's enough of them that could really kill this deal, believe it or not. i think there's something like

40-60 of them. that is out of the plan, the deduction is not in there. which is a big blow to them. now, here's what we know, the new york congressional delegation -- because of that, its nine members from new york and, like i said, a lot more from the other places -- is not sold on the tax reform efforts. it's only nine of them but, you know, on a close vote if they're out, people like peter king, dan donovan, john faso, they're all there. and plus if you add them up with members from new jersey, from california -- david: california as well, sure. any high-tax state. >> right, right, that has state and -- high state and local taxes, which obviously new york does, you know, you used to be able to deduct, that's going to be a problem getting it through. here's the thing, and this is blowing up on twitter. listen, let's be real clear, fox has a sizable audience in the midwest and the south. a lot of people don't understand the dynamics in the northeast. you could make $200,000 a year, be a family of five, live on

long island, tax the hell out of you, not be -- be firmly middle class, and that state and local tax deduction means a lot. david: that's right. it's not just for the rich. >> it's not the same as if you're in iowa. david: charlie, i need to get my other guests in here because we have a limited amount of time. hadley, there is also the question of the swamp creatures inside the beltway, all those millionaire k street lobbyists who never want things to change because they've worked hard for their money, and they want to keep their tax deductions in there. how goes that battle? are they going to win or trump who wants to drain that swamp? >> let's hope the american people win because we have to keep in mind this idea of tax simplyification sounds so attractive, is so attractive, but it means getting rid of some of those special interests, some of the special treatment that certain industries might have enjoyed in the past. david: that's right. >> the nitty-gritty here and the details, i want people to focus on the big picture which is cutting those rates and reforming our tax code, means boosting our economy, creating

more jobs and higher wages for american families. that's the key goal and that's what lawmakers have to focus on. david: i think our viewers like the idea of taxes going down, business doing well as a result of that, but the fact is there are plenty of people inside the beltway who don't want change, who are fighting change. are they going to lose or win? >> well, unfortunately for many years they have been winning, they have been getting their way, and let's hope that's about to change. look, leave no doubt 75,000 pages of tax code, that is winning. that has to change. what i am hoping for, not just taxes coming down, but a complete blowup of those 75,000 pages. i don't know how we got there. unfortunately i know. we'll take anything. i don't want a phase-in corporate stuff. i don't want them touching 401(k)s. melissa: no. >> make it simple. >> the carried interest

deduction which favors private equity investors, all of melissa's friends, that stays in. david: you have a lot of friends there too. >> of course it does. >> i have sources, not friends. that is still in there. private equity can still benefit. david: they don't want things to change. we have to leave it at that. thank you very much. good discussion. melissa? melissa: straight to the form on tax reform. white householding a phone call from representatives from one high taxed state. you heard from new york delegation may pose the gop bill. coming up chris collins from new york. david: he is from new york. melissa: what concerns he posed to the trump administration. where he currently stands on the legislation. david: plus outrageous new attack in the race for virginia's positive. that race is next tuesday. the election. the political ad, that critics believe goes way too far, depicting a republican supporter, actually targeting, trying to mow down minority

children. melissa: unbelievable. fallout from the indictment of paul manafort, the former trump campaign manager is due back in court this week. is there a favorite target on the horizon? how is the mainstream media handling the bombshell report? judge andrew napolitano, howard kurtz are both sounding off after the break. ♪ first, let's take a look at your financial plan and see what we can do. ok, so we've got... we'll listen. we'll talk. we'll plan. baird.

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melissa: breaking news, reports of a pickup truck running into a crowd causing serious injuries in lower manhattan. the fbi just telling fox news it is way too early to tell if this could be terror. we are closely monitoring the situation. we will bring you updates throughout the hour. david:dc shake-up, tony podesta,

brother of hillary clinton's campaign manager, john, president trump tweeting quote, he referring to tony, and his brother could drain the swamp which would be yet another campaign promise filled. fake news, weak. here is now fox news senior judicial analyst, judge andrew napolitano. judge, he does have a point, does he not? these, tony podesta, epitomized the swamp, the k street lobbyists which is the swamp that he speaks of. >> in fact tony and his company shared in common a client with paul manafort, which is the former ruler, hard to say, dictator or popularly elected, former ruler of the ukraine, who is a good buddy of vladmir putin. david: just shows again, you have this life-long democrat, podesta, the republican insider, manafort, working together on

this one client. shows the swamp has no ideology and no party. just into greed. >> i agree with you. what we don't know, what is very interesting to me, what prompted podesta to leave? was it awareness of indictment of manafort? was he doing the same thing as manafort was, laundering his money? or has bob mueller knocking on the door, we don't know about it until mueller announces these things of a indictment or guilty plea? david: so much of the manafort indictment, you read it, has to do with the workman for the did in ukraine, this puppet of ukraine, same sort of thing was doing, same sort of thing stone any podesta. >> did tony register as foreign agent, according to mueller, manafort failed to do? that is felony. to be a agent of a foreign

government and not tell the fbi. i don't think podesta was involved with his brother. david: what kills me the chutzpah of his brother john podesta, tweeting out, not bad enough that i was victim after massive cybercrime directed by the russian president. now the victim after big lie campaign by the american president. here is a guy who makes millions of dollars masquerading as a public servant, and he calls himself a victim. >> i don't understand that victimhood is in vogue these days. if you can get the crowd to think you're victimized they will start thinking about you. david: what nerve. >> i don't know what the allegation is against john podesta. i can speculate as we've been doing, what the allegation is against tony. but, david, there are no coincidences. there has to be reason why he left his very lucrative business, the very day, yesterday, that the indictment of his friend and republican paul manafort was announced. david: wouldn't it be good for mueller to show that he is

hitting on both sides of the aisle? i mean this would, this would discount the charge that he is partisan here? >> i don't think prosecutors should do this for this reason but it would be an insurance policy to keep his job, if he starts indicting democrats! david: judge andrew napolitano. great to see you. thank you very much. melissa. melissa: the mainstream media going wild quick to link the indictment of paul manafort with president trump's campaign. president trump and white house both insisting the president has nothing to do with these charges. quote, the fake news is working overtime as paul manafort's lawyer said. there was no collusion and events mentioned took place long before he came to the campaign. few people knew the young, low-level volunteer named george who already proven to be a liar. check the dems. joining me to weigh in howard kurtz media buzz host. howie, thanks for joining us. who is right? >> it is not fake news to report on a criminal indictment of the president's former campaign chairman but, after the huge

initial splash made by this in the media, a lot of journalists bee heat he hadly realized, everything that manafort is charged with, money laundering to tax evasion, all these allegations prestate the campaign of the campaign is not mentioned. trump is not mentioned. now the spotlight shifted to george papadopoulos, former staffer who pleaded guilty and was trying to talk so some russians. >> i looked at different tweets and different posts, my sources in the white house say everyone is in hysterical panic. the walls are closing in. i don't know, does that seem possible? do you think there are sources in the white house that were actually saying that to reporters? it seems hard to imagine? >> this is leakiest white house in history i think, but i don't think it is hysterical panic. everybody knew the indictment of manafort was coming t had been signaled by mueller. the papadopoulos thing is interesting, except this guy, unpaid volunteer who wanted to collude with russians he was really bad at it.

he met a woman he thought was vladmir putin's niece. turns out putin doesn't have a niece. and met with a guy described as professor. this guy spoke out in britain, said he didn't know anything about the allegations. he wasn't promising any dirt on hillary clinton. certainly intriguing. makes a lot of speculation where mueller is going next. so far doesn't amount to much. melissa: still interesting to me, when you talk to regular people on the street who are not in the business, their impression of what is going on completely depends on what network they're watching. i run into people say wow, the president is close to be indicted, he will not make it all four years. they're not even necessarily saying that wishful way, except their watching channels, cable channels that make them think that is what is going on. >> on other side, more sympathetic to the commentators for the president saying this is nothing burger. it is not a good day if your former campaign chairman is indicted, nothing to do with your campaign, raises questions

why you hired paul manafort but the fact is the mueller probe has a long way to go. a lot of media speculation here. it is serious case. so far this collusion we've been investigating for months, media chatter, for months, not much evidence so far anything touching a significant person in the trump organization. melissa: it did move the conversation off what we were talking about last week. that was that story out of "the hill," that the clintons and the d the dnc contributed tr to for $5 million to come up with the dossier that was fake and wasn't real and may have been used as a basis for the investigation by the fbi. >> that is an important story. i credit "the washington post" for breaking it. it was starting to get traction. there was so much talk about the dossier. we find out it was funded secretly by the hillary clinton campaign and dnc. that got blown off the media radar bit indictments yesterday. melissa: howard kurtz, thank you. david: the mainstream media is

reviving the dossier, we have to give it a second look. maybe stuff there is true. it is extraordinary. they know bought and paid for by the dnc. the information was put out by putin and his buddies yet the mainstream media taking it seriously. melissa: unbelievable. david: david: tech giants on the hill inside of the beltway. what the big social media companies have to say about their role in russia's attempt to internet election campaign. that is coming next. dependable dependable trucks. built to last a long long time. with durable durability and rugged ruggedness. i like the extra power hauling power maxi power!!! and quality. seems they make them strong extra strong mile after mile after mile. ♪chevrolet!

melissa: breaking news right now. you are looking at the scene. this is an incident in lower manhattan. fbi officials in new york city are confirming to fox news that they have agents currently responding with the new york police department. multiple fatalities now are being reported, after a pickup truck ran into people on the

westside highway. this is a bike path in lower manhattan the "new york times" are reporting six people are dead, 11 people are injured. a suspect is in custody. we'll bring you update on the situation as it happens. you can see the scene right now, as they have police tape out. we're getting reports as they update minute after minute. david: a little reporting. you have to know a little bit the geography of manhattan. we're on an island here. there is not a lot of space to move around. this particular area of manhattan has been renovated a couple years, to include more space, to include bike lanes. they moved out, did landfill to get more space into the riverside, on the west side of manhattan. the suspect may have entered into this bike lane in the 40s. the streets are numbered going north to south. the 40s right smack in the

middle of manhattan. he exited back on hudson. that is a huge swath for him to travel on. he could have been endangering dozens and dozens of people if he went a couple miles on that bike path. there are reports of multiple deaths. six people killed according to one report, 11 injured. means it was more than one incident. and, one might suspect that it is more than just an accident if there were that many people involved and i spent that much time driving on an area not meant for vehicles. i'm not saying that we know specifically whether this was a terrorist incident but it doesn't seem to be accidental, based on what's happened. melissa: the scene you're looking at right now, that bridge goes across chambers street. so that is significantly south near stuyvesant high school a very famous high school here in new york city. we're reading new york governor andrew cuomo is en route to the

scene. we're hearing that mayor bill de blasio is walking over to the scene right now. you can see all the emergency responders. it's a little bit chilly but a beautiful day in new york. the exact kind of day there would be lots and lots of people out on the bike path. a lot of people choose to bike into the city and down to the lower end of manhattan for work. we also have, unfortunately, a lot kids coming home from school who would be out looking to trick-or-treat. just south of this bridge is a very residential area, near the new york mercantile exchange and, battery park city, and a lot of places where families live. david: we have a little more breaking information. of course the perp is in custody. so we're, we should know more about what happened. apparently police shot him twice, but he did survive. he is not dead. hopefully we'll be able to get information out of the perpetrator. but the bomb squad has also been called in to check out a suspicious package found in his

white pickup truck. they, may turn out to be nothing but as you can see all kinds of elements of emergency vehicles are on-site. fire trucks, a lot of ambulances, and now, apparently the bomb squad itself to see whether or not there was anything that could have been explosive inside of the truck responsible for this chaos. melissa: we are checking in at the scene. get all the information as it happens. we'll squeeze in a quick break right now. we'll be right back. infrastruc? think again. it's time to shake up your lineup. the alerian mlp etf can diversify your equity portfolio and add potential income. bring amlp into the game. before investing, consider the fund's investment objectives, risks, charges, and expenses. read the prospectus carefully at

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david: really horrible incident to report, particularly on halloween, in lower manhattan, today, a pickup truck careened through a bicycle lane. it is unclear how long he was in there but he was there long enough to do terrible, terrible damage including killing six people. that is a report from the "new york times." 11 people at least injured. now, we are getting reports, of course the mind goes immediately to the suspicion of terrorism here, and in fact, according to rick leventhal, fox news reporter who has been covering this scene for at least 20 years now, the suspect yelled, "allahu akbar!," when he exited the vehicle, avraming a school bus in addition to the other damage he did. we don't know whether any of the kids in the school bus were injured as a result of that, but we do know now according to

"the new york times," that six people have been killed as a result of all of this, 11 injured. the suspect has been captured by police. apparently was shot twice, but he was not killed. we don't know whether he is cooperating or talking to authorities or capable of talking, but he is now in custody, melissa. melissa: right. the new york police department, put a post on twitter saying that, the driver of one of the vehicles, so one vehicle, struck another, got out and was displaying imitation firearms, was then shot by police. reuters is reporting, the truck had a logo of home depot store chain on its front and that home depot is cooperating right now. that is coming out of reuters. you are looking at the scene where you see some people gathered to see what is going on, what happened. that bridge that you're seeing right now crosses chambers street, and goes right over to a very fail mouse high school in new york city, stuyvesant high

school, and there are reports that the truck hit kids in front of stuyvesant as well. we're seeing that being reported by reuters, but that would be, just devastating right now. david: would indeed. we have on the phone now, manny gomez, former special agent with the fbi. manny, great to talk to you again. i don't want to suppose anything but we are getting enough reports now where you can sort of connect the dots, you know? >> yes. agreed. once the the jttf is there, the joint terrorist task force, you know it is, what they're considering a terrorist act. it went from a intentional criminal, potential criminal act to very very likely criminal act of the fact he yelled out "allahu akbar!" exiting the

vehicle, obviously is a telltale sign that he is somebody either directed or probably inspired by an islamic radical group such as isis. and has done this heinous act because he was radicalized perhaps. melissa: this follow as pattern we keep seeing of a truck going to a pedestrian area. the place that they're talking about is this beautiful bicycle and walking path that runs down the west side of the island of manhattan. it was added, you know, in recent decades, and expanded as a way for people to bicycle all around the city or walk around the city or roller blade. it's a crisp, sunny day, outside. these areas, manny, have become a target. >> yes, i'm intimately familiar with the area. i actually go jogging on that path. i live nearby. my son went to school around the

block there at ps 234. i know the area very well. the nypd has done and the city has done a really terrific job, as tried to ascertain the, the spots where a an incident like this could happen. if you look throughout several places times square, penn station, empire state building, you see the huge big cement blockades to avoid an incident like this. obviously this was not protected properly. but then again, it is meant to be an open area. so, it is answer turning new york city into a war-like state? i mean these big block, concrete blocks everywhere? that is to be determined but

certainly, these individuals, this is possibly, in my opinion a copycat from what happened in nice and in other places. it is the preferred way of isis and other islamic fundamentalist groups to push out the biggest terrorist -- melissa: yeah. >> hard damage for the least price possible. simply rent a truck, as you have seen, seems like this truck was rented. law enforcement will be going back to where the truck was rented, to see the video. see what kind of i.d. this individual gave to rent the truck or, whoever rented the truck. maybe somebody rented it for him. but, the problem here is, that

this person, potentially was under the radar. we don't know that yet. melissa: yeah. >> but that is the tough part, when somebody like this does such and a atrocious act, and on law enforcement's radar. that is a problem. melissa: manny, thank you so much. here is republican congressman chris collins from new york. what's your reaction, sir? >> well, first of all our thoughts and prayers obviously go out to the individuals and families of those, we understand six individuals have died and there is another 15 injured. it shows the dangerous world we're in. it is a different world certainly than what i grew up in and now what we always call the soft targets, things, places that you really can't defend, you don't expect, and there are soft targets everywhere, whether shopping centers, in this case, walking the sidewalk, it is a tragedy. we don't know if this was mentally ill individual or whether he, was affiliated with

some other terrorist organization but it's a tragedy. it's a very dangerous world. everyone has to keep their antenna up at all times regardless where they are. you hate to say that but it's a sign of the times. david: congressman, one of the extraordinary things about new york, is how vigilant we are, when an incident like this happens, we saw, emergency vehicles, bomb squads, you name it, there were hundreds, literally hundreds and hundreds of vehicles and officers and officials on site almost immediately after we first got news that something happened. we are prepared like no other city in the world to respond. yet arbs well-prepared as we are, perhaps the premier city in the entire world now in our anti-terrorism capability, it is

still possible for one person to come to stand still. >> we can respond. a response means something already happened. in this case a very soft target, a single individual. it is frankly impossible to defend against that. and, you know that is again the dangerous world we're living in. and you know, it's, the tragedy. some people say we need to do something to stop it. these are all all but impossible to stop. people have to be vigilant. pay attention to what is going on. certainly report anything suspicious. that is the other key. if somebody is doing something suspicious, they need to call it in and not ignore it. melissa: we were looking at pictures of crumpled bicycles in the path that were clearly run over. i think of places i visited, like riyadh, saudi arabia, they have high cinderblock walls that

surround every building. there is a guard at mouth of every entrance armed with a gun. everybody lives behind walls because. because it's a dangerous place. hard to imagine america moving into that direction. but as we see this thing becoming more and more prevalent, what do you do? >> we all have to live our lives and it is easy to say, but you know, the terror -- than to have us disrupting our lives and not going to concert is and not going tonight clubs and not riding our bicycles. we can not give into that. clearly everyone has to be aware of their surroundings. and if you're in the wrong place at the wrong time, and like, in this case, six individuals we know and another 15 injured, our hearts and prayers go out to the individuals and their families. melissa: yeah. >> there just is know easy solution here. melissa: yeah. congressman, chris collins, thank you.

>> nice to be with you. david: we want to bring in danny colson, former deputy assistant director at the fbi. danny, you have seen a lot of incidents around the country. we worked together covering some of them. >> right. david: it does seem early stages for this guy, if the reporting is correct, and rick leventhal is a great reporter, he doesn't miss a report, that he is reporting now that the perpetrator did yell "allahu akbar!" as soon as he was captured. >> yeah. david: it took two bullets to stop him. seems to be at the very least, this was an active perpetrator. this was no accident. >> lord no, it was no accident. we're seeing a changing face of evil. in my business now i have to be concerned about bombs and knives and guns and now trucks, and now snipers and soon, drones. and, you know, not too long ago the fbi, jttf in new york city

stopped an attack much more serious than this one having intelligence. that is the key to this stuff, do we have intelligence? this case we did not. fortunately one of the finest police departments in the world is new york city. they can respond to these things and limit damage. but without, some kind of a information that gets to the right authorities you can't stop these things. we have to be very vigilant very careful in our every day business. david: danny, forgive me for interrupting. these are live shots of some injured carted in ambulances and being taken off. the latest we know of, reports are six people have been killed. as many as 15 now injured. danny, what happens now? i imagine the fbi is already on site. we have a strong fbi force in manhattan. >> oh, yes. david: they don't waste anytime. they immediately come in to work with the police, right? >> they have a great relationship with the nypd and all the other law enforcement

agencies. , when i was there as agency, they had that. they do an amazing job. what they're doing right now, they're going after this guy, to see who helped him. who financed him if anyone. if he is part of a larger group. they have a good chance coming up with that. it is a full-court press. agents do a great job. best partner is nypd, it's a great relationship. they will get to the bottom of this thing. unfor the if thely, hopefully, in the future, they will find somebody else that may be involved with it and get them too. melissa: danny, if you would stand by for a moment. we'll dip in and listen to the local fox affiliate, wnyw. and their coverage. we'll hear what they ever to say. >> westside highway, battery park city, the world trade center, of all places for this whole thing to go down in the location, right in that area. >> i think that is the thing that is resonating with people. as soon as this went off, so did my phone.

people wondering what was happening because that area, for anybody that lived through 9/11, those years immediately following, you could see the devastation that happened, see the rebuilding. >> right. >> see many different measures that the police department, you know under ray kelly at that time was taking basically to say, listen, we have to fortify this area because this area could be a target again. they have succeeded so well the last couple years. >> absolutely. >> really creating a thriving -- residents of battery park city. the very thriving downtown, [inaudible] >> i think we lost lisa with the phone. service is an issue as we continue to work through this one update, this is the first bit of good news in a little bit. the ap adjusted numbers downward as far as numbers hurt. saying six dead, nine hurt. that is down from 15 hurt.

david: i don't know if you could hear that local news report but apparently the numbers have actually improved a little bit from the last time we reported that still six dead but nine injured. but again, danny coulson is still with us on the line, former assistant director of the fbi. this was a huge, this was not just one ramming. this guy was really trying to do as much damage as possible. it took a while to stop him, danny. >> i'm not surprised. it is very difficult to stop a truck. you think about energy generated by a large truck, it is hard to stop them. fortunately a great police department responded and which got it done. one thing to keep in mind, this guy was super pumped up on at least adrenaline. when you get into adrenaline rush like that, you do amazing things. we may find he had amphetamines in his system or something else, but he was obviously dedicated

to killing as many people as he can. it is hard for you and i to put our minds into their minds why they do these things. we understand people are like that. we have to be vigilant every day on the street or wherever you are. keep your head on a swivel, if something doesn't look right, it is not right. melissa: one of the common demomtores, are rented truck. >> yes. melissa: early reports indicate this truck was rented by home depot. is is there anything that can be done around that? you can't stop people renting trucks, but there has to be more supervision or something. it's a common link. >> you remember timothy mcveigh rent ad truck. i did the oklahoma bombing. it is very easy to rent any kind of a large vehicle. other than some sort of a database of suspected terrorists we could have, not much you could do about that. i hate to say that in my business, there is not a lot we can do, but people have to be very vigilant to get rentals.

when mcveigh went to get into his truck, to blow up the murrow building he looked like a soldier which everybody thought he had been. it raises no suspicions and it worked. that is kind of the world we live in right now. david: by the way, danny, because this is in lower manhattan, this is right around where the world trade centers were, the memory is embedded deep in the minds and hearts of everybody in manhattan that lived through what happened. 16 years ago. all of the businesses now in that area apparently are evacuating. we're told by our own charlie gasparino, that he is told by a sources it is insane down here. there are precautionary ways of dealing with situations that are unresolved of evacuating buildings and so forth but you don't want to cause panic, particularly when there are millions of people still working downtown. who decides what to do with

regard to evacuations? is that a police decision, mayoral decision, fbi, who? >> it is really the mayor's office. he will consult with the police commissioner and of course the fbi. they need to do that because in my business is a saying, assumption is the mother of foul-ups. we can't assume that he is by himself. we saw in the bombings back 20 years ago. the bomber would place a bomb, detonate it, and wait for the police, and detonate another one. they are concerned about somebody else, a confederate, or a quick copycat will try to do the same thing. they're doing the right thing. david: is evacuation of all these buildings necessary? >> i'm not there. i'm not there on the site. i don't, i would say off the top of my head i don't understand why they did that but they have a lot more information than i did. they are a lot closer to it. i think i will rely what they see and what they have there. if they need to do it, do it.

melissa: local wnyw fox affiliate here in new york, see what they're hearing. >> that is the rental truck we've been talking about. >> that was rented by home depot. home depot confirmed that. >> that is the suspect taken into custody apparently getting out. >> guns real or toy or otherwise. after hitting a bunch of bicyclists. >> somebody shooting this from inside. a caveat here, this video is just coming in to us so -- >> that is the suspect. i believe that is the guy they took into custody right there, right before he was brought into custody. looks like police on foot chasing him around into traffic after he got out of the vehicle. this is pretty hair-raising video shot just as the situation was reaching a resolution, as far as the suspect being brought into custody. pretty intense images captured on someone's cell phone. that is the suspect being brought into custody, after apparently being shot by nypd.

>> he is alive though. >> alive and being questioned as we speak. we're 20 minutes away from the official update. we know the mayor, the governor and police commissioner are all the same. this is the suspect again running through traffic the wrong way, with, as we were told, with gun, whether it was a toy gun or a real gun, you could see, a pretty menacing scene. police right there. as they take him into custody. there was some sort of a crash or something. looks like maybe other cars may have been in a crash, because of chaos, having nothing to do with the rental truck. >> a lot of reports people on the scene saying what they saw, taxi is, all the yellow taxis around there, uber drivers. this is the weside highway after all. there -- westside highway. as i was watching video, this eerily reminded me of the san bernardino shooting when that went down on the street,

with the suspect jumping out of the car. we've been hearing all afternoon there were lots of witnesses and peel recounting what they saw. this is obviously being shot from either an office or a residence. >> is that the footprint we're looking at? >> i'm -- >> the community college. >> sob is pointing obviously to the whole thing going down. slowly but slowly we'll see a lot of these videos, as lisa was telling us there is a lot of surveillance in this particular area as a result of what happened on 9/11. so they are very well-prepared. if there is any area -- >> right, right. >> who was involved. if it was more than one person involved. >> shoe was a great point made by lisa. this is most heavily videotaped area in the world, in shadows of world trade center. >> and in and out of manhattan, up the westside highway, people head into the tunnels both ways actually.

>> right. easy in, easy out. >> these are the steps over here by the borough manhattan community college. >> fdr drive closed south of 34th street. fdr is open northbound. the westside highway is closed south of 14th street. that is still on lockdown. they're trying to make sure this is extent what took place here. they are searching the truck, the rental truck, make sure there weren't any bombs or devices that would go off after the scene. according to linda schmidt's sources they believe there were two devices inside but appear to be fake or hoax devices. hopefully that continues to be the situation. you can tell what happened here. the vehicle across the bike lane on the west side highway. that must have been a horrible scene. this took place a little after 3:00 in person in the rental truck started mowing down people on bikes. >> incredibly compelling video coming in of the whole scene,

the confrontation with the police officers and the suspect go down. eventually the suspect we're told was shot of the suspect is alive. we don't have any information about the suspect other than the fact that they were shot and alive. we want to go to our lisa evers. melissa: let's keep video up if we can, keep an eye on the local affiliate, so we don't miss my information. we want to bring in former governor george pataki on the phone. what is your reaction? >> first of horror. you can't help but think about the victim. how awful it is for their families, with a horrible, horrible event. you have pride in the police which respond bravely. more than that it is angry to me this type of radical islamic terror, it appears what it is, we don't know that yet, but in

fact still a threat to innocent civilians in new york, what is it now 16 years after september 11th. we have to do more proactively to protect the american people. melissa: especially look at part of town this is in, so close to the world trade center. hit on a day when people joy fully ready to celebrate halloween. that is obviously a target. anger is the right term, governor. >> i'm just angry 16 years later we're still vulnerable to this type of attack and we have to be proactive in denying radical islamist sanctuaries where they train and inspire people. we've seen terrorism expand now. not just in the united states, but in the philippines, in malaysia. so long as there are these pockets of radical islamists, who have a safe haven, where they train, recruit and tragically inspire people, we're going to continue to be at risk.

david: governor, we have to leave it at that. governor george pataki. thanks for joining. six people dead. at least nine people injured in what appears now to be a terrorist incident in lower manhattan. melissa: the suspect is alive and being question here is risk and reward. liz: fbi calling it a deliberate terrorist attack. six people killed, anywhere from nine to 15 injured after a man with a rented home depot pickup truck, drove the wrong way down a bicycle path in lower manhattan. this is a rented home depot truck that he was using. he then exited the pickup truck with what appeared to be weapons, possibly false weapons. he, this is a fast-moving situation. he may have been shot. we do not know. he is now in custody. you're seeing the actual footage right now, of the man being apprehended b