symantec some of the big names. steve, awesome. [closing bell rings] it is a nail-biter. right now looks like a record close with the dow making a run for the border, up six points, in the green right now. we'll see how it settles. see you tomorrow. melissa: fighting for gains in the final moments for trading. the dow well off its lows, hovering near positive territory. too close to call right now. we might have a brand new record close. let's see right there. david: whopping two points. melissa: whopping two points. s&p teetering on a record but nasdaq ending firmly in the red. there you go. i'm melissa francis. david: i'm david asman. we're glad you could join us. this is "after the bell." while we watching markets shake out. we're up 4.4. that ain't bad. we have busy hour. republicans feeling heat to get things done on tax reform. the house ways and means committee working for the second day but can the beltway swamp be

trusted to really simplify the tax code like the president wants? ohio congressman jim renacci on the progress, where things stand right now. also voting underway in a dirt-filled race for virginia governor. polls close in three short hours. we will take you live to richmond for the latest on voter turnout and what this crucial race means for both parties. president trump on his second leg of historic tour all over asia. president is in south korea right now, using very different tone in trying to coax north korea to the bargaining table. to give up its nukes. gordon chang says it may be too soon for negotiations. he is here to tell us why. melissa: the dow closing at brand new record high in final seconds of trading. let's go to nicole petallides on floor of new york stock exchange. nicole? >> dupont. disney, coca-cola, proctor & gamble, helped lead the dow to last-minute gains. we had back and forth action. but this is in fact a record, it

is the 58th under president trump. it is 75th record close for the dow since the election. with this slight gain. you and i david talked about this yesterday, those incremental gains, one record after another. investors were somewhat worried about the tax code, what is going to happen. tax reform to be more specific. when that will actually occur and happen to go through. some of the financials really took it and weighed on the dow jones industrial average, and on the s&p 500. look at jpmorgan, bank of america. as well as wells fargo, each dropping more than 2%. and s&p, nasdaq, russell also came under pressure. and then we had two of those travel stocks, that hit hard. look at priceline, and also trip advisor. 23% for trip advisor to the downside. 13% for priceline. both saw weaker-than-expected outlooks. i will turn the hours around for you, give you some names that hit some highs. we saw apple and amazon, those tech names.

royal caribbean, weight watchers, on earnings. big moves there, the dow named mcdonald's and american express and visas add that as well. record close for the dow up 8. melissa: nicole, thank you so much. david: it is election day across the country, year after americans went to the polls to elect donald trump as 45th president of the united states. and the stock market of course is in record territory despite the naysayers from the mainstream media a year ago. bring in gary kaltbaum, kaltbaum capital management. and lenore hawkins, research strategist. gary, not a great market day. but another record. a year ago we were 5000 points on the dow. who gets credit for that? >> 3:00 a.m., night trump one the election, paul krugman -- david: doesn't say it. i would give it to lenore. lenore, pulling rug out from

under you. here is what paul krugman said on election night. >> i did not know. david: it really does now look like president donald j. trump, markets are plunging. question when markets will recover, a first pass answer, never. we're probably looking at a global recession with no end in sight. lenore, i will throw it to you. what do you think of krugman's prediction? >> i think that prediction is about as accurate as much of krugman's predictions. his nobel prize, i find it rather fascinating. amazing to see these markets moving up and up and up. we are at a point getting concerning. you look at market top, never obvious at the time. one thing market tops do have in common. we have excessively high valuations. right now we have price it earnings multiples are in record territory. we have super low volatility. volatility this year has been lower than we've ever seen it in history. david: i know.

>> number of times the vix closed below 10 is astronomical. david: you get kind of nervous when everybody is so calm, gary. maybe you shouldn't. that is a knee-jerk reaction to it. the question, i didn't let you finish the answer, who gets the credit for a 5,000 point gain on the dow? >> well, definitely, trump, because it lifted off of that day, but you got to throw in the fact that easy money continues. we're at 4.1% unemployment. still at 1% rates here in negative rates and europe, japan and still printing. so the easy money, but also, economies around the globe are getting some oomph to them. you add the three together you get this great stock market. the only bad thing i can stay about the market, sentiment as lenore said, way up there, bullish which is contrary indicator, something to watch. but i have yet to see anything that tells me the market is in i big trouble as of yet. david: hang in there, gang.

melissa: tax-writing committee in the house, known as ways and means committee is continuing to mark up the republican tax reform bill, in the hopes of passing something this year. blake burman live in d.c. blake, do they feel like they can get this done? >> well on the house side they are certainly marking this up. then it will go over to the senate side. the feeling here, melissa, talking with folks today this potentially could go to conference depending on whole different range of issues. with the house side they feel they have the numbers here but right now they're going through the markup process. it is start of a process what should be potentially weeks long, if not months long going forward. one of the issues i can tell you talking with people here as the senate is set to take up their bill, or at least put it forward, whether or not there will be individual mandate, repeal of the obamacare individual mandate as part of the senate plan. right now that is not a part of the house plan. it doesn't appear if it will be

taken up. several conservatives within the senate want to repeel of individual mandate as part of that plan. for example, senators ted cruz said earlier today, that he thinks the house bill doesn't go far enough on the individual side, in the way that he argues to bring rates down lower for everyone, to include that repeal of the individual mandate. here was senator cruz today, and his complaints of part of the house bill. listen. >> the business side is terrific but there are some taxpayers, who are losing exemptions, particularly in high-taxed states. like new york or california. that could conceivably be paying higher taxes. i think that is, a mistake. i think. tax reform needs to cut taxes for everybody. reporter: by the way here at capital, melissa expected to meet with senate democrats is the top economic advisor to the president, gary cohn. the legislative affairs director, mark short. they are here at the capitol

meeting with senate democrats possibly moving the ball forward with them. white house officials, melissa, they feel they are on track with the whole legislative process to potentially get legislation to the president's desk by the end of the year. melissa. melissa: we will see. the pressure is on. we're watching. we're taking notes. we're there. blake thank you for that. david: forget to say we're praying. praying literally. melissa: i know. david: republican congressman jim renacci, from ohio, house ways and means committee. gubernatorial candidate in ohio. you need those prayers. you look at these volume resumes of our tax code. it is stacked up on tables of some of these congressman trying to make the case we need simplification. i think to cut through all that verbiage and all of those special deals must be next to impossible. no? >> interesting, i'm a businessman for 30 years, still a licensed cpa.

david: good for you. >> i worked for the tax code for three decades. it is complicated. we need to simplify it. the key, simplifying tax code, making sure middle income americans get tax break. make sure we lower corporate rates. we need sustained growth. i hear you talk about the markets earlier, the markets will continue to grow up if we have sustainable growth. we have to get sustained growth by bringing corporate rates down. allowing middle americans to have more money. david: simplifying the code. just ripping up books. here is the problem. i will read to you, from the brady amendment to the new tax code. this is brand new, hot off the press. this is a provision found on page 398. it says, we can put up the full screen. i'm going to read directly from this brady amendment. it says insert the following. the foreign corporation shall be allowed a deduction for the taxable year referred to in subparagraph a, equal to the product of the sum of 104%, plus

the annual federal short-term rate for the last month, ending before the beginning of the taxable year, multiplied by the deemed expenses with respect to such amount. now maybe a cpa like you can understand that but i can't. it makes me wonder, which foreign corporation is getting 104% discount on their tax bill? >> well, none of them are. this is again, this was really an amendment to try to simplify things even though it sound -- david: that is simplification? >> i do understand. when you're reading from an amendment it is changing actual code which does make it complicated. but you got to remember, it is reading, stating amendment that is adjusting code. so, some ways it is difficult. look i feel sorry for many members on ways and means committee don't have experience i have being a business guy and tax guy because some of this stuff is complicated. david: this is like reading greek. you wonder why you can't

throw -- okay. here is from our viewers. millions are watching this process take place. here is from one of our viewers. his james is jim. we won't give the full name. david, the 3,000-dollar maximum annual stock loss deduction has been in place since '67 i think. have you heard or asked any representatives or senators if that is going to be increased? you know the answer to that? >> from what i understand that stays the same but i don't, i can't tell you, we've been worried about itemized deductions and tabs rates. in my opinion from what i know today, that stays the same. david: congressman renacci, one herculean assignment. i wish possible to throw away the books and start fresh. >> i agree with you. trying to simplify this, get on postcards. we're in ways and means debating things that are not factual. that is the problem about making sausage which is what we're doing right now. we are trying to sim islify.

what i like about this, we can get this on a postcard. we raised the standard deduction, double it. eliminate some of these deductions. people will say we're taking deductions away. we're not, we're doubling the standard deduction, giving 20% more people the opportunity to deduct that. david: congressman, our job is to pose what that sausage-making process looks like. we hope you come back to do more of that. appreciate it. thank you. >> we'll continue. thank you very much. melissa: gary, lenore are back with us. what do you sympathy about what you heard? >> i don't think einstein can figure out what the heck they are doing over there. i don't even know where to start. i think they have done a good job on the corporate side. for whatever reason they have completely fumbled the ball on the individual side. melissa: yeah. >> credit this, credit this the deduct that, give this, take that, that is what we want to get away from. not run to. i got to applaud david for actually calling him on that.

i cause nausea, comes to amendments and taking things back. we'll see what the final product is. i'm not hopeful especially what we see so far. lenore what do you think? >> i'm not sure what kind of postcard he was talking about. that would be a hell of a postcard with that equation. melissa: biggest one you have ever seen in your whole life i think. >> well the challenge with all of that, everyone of those deductions, everyone of those pages in our tax code, that is a way a politician bought votes from constituents, granting favors here and there. when we say we'll simplify it. it all sound great. that means giving up what you are giving to the constituents. that is not an easy thing to do when you want to get reelected. >> all right, guys. thank you. david, i mean -- david: what i read, this is the new improved version what i read. as congressman was trying to tell us, you should have read the old version. i can't imagine it would be anymore complex what we read. melissa: feels like it. david: that is simplified.

anything is it per. half a loaf is better than none. we'll see. new fallout over fbi director james comey handling of the hillary clinton email probe. what an early draft has now revealed. melissa: as bombshell claims from former dnc chairperson donna brazile are spurring calls from a former clinton advisor for a special prosecutor. judge andrew napolitano sounds off coming up. david: voting is now underway in high-stakes raise for virginia governor. polls closing in less than three hours. we're live in richmond for an update. juan williams, caylee mckenna, what results from other key races in the ballot box mean for the midterms next year. >> i feel good. the fact is, we have been gaining momentum. you can see it everywhere i go. you can see it in the poll numbers. s more care though. she wants to stay in her house.

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david: very high-stakes governor race underway in virginia. it's a dirty race. voters hitting the polls right now as republican ed gillespie battles democrat lieutenant governor ralph northam. a racine as a big test of president trump's political influence. our own adam shapiro is outside the gillespie headquarters in richmond, virginia, with very latest. hi, adam. reporter: hi, david. the stakes are not only important for ed gillespie, but the latest, "politico," president donald trump series of robocalls going out to potential gill leslie voters, hello, this is president donald trump, so importantly i need for you to vote for ed gillespie, as governor of virginia. that is one of the issues. peter doocy trying to confirm with the rnc about this robocall. also caught up with ed gillespie this horning to talk about the momentum of his base as they go

into this election. here is what gillespie said. >> people are pumped up out there. i felt it past couple days on the trail. i've been feeling it for some time now. i feel we will win the race to put forward the plans to get virginia growing again. people are hungry for that. reporter: both candidates did vote this morning. we have video of ed gillespie, ralph northam. president obama was campaigning for northam, earlier about two or three weeks ago, at a big rally not far from richmond. we go into this with polls closing, roughly 7:00 p.m. tonight. if you are in line before 7:00 p.m., when the polls close, as long as you're in line, you can still vote. this is the race that a lot of people nationwide, republican and democrat are watching. david? david: quickly, adam, the weather, sunny or raining? reporter: cold and raining. david: good stuff, adam. thank you very much. melissa. melissa: here is kayleigh mceney, and juan williams,

"the five" co-host on fox news. caylee, every can'ting this to expand to be do-or-die on president trump. referendum on enthusiasm within the democratic party what do you think? >> well, if this is referendum on trump in our party, it is one that is encouraging because this is a point that is within the margin of error. many polls show this at two to three percentage points. keep in mind, ralph northam was ahead by double digits not long ago. the gap has narrowed. there is exist behind this president, excitement behind this agenda. what ultimately happens, this is a race ed gillespie chose to run his way, one that shows deepen enthusiasm for the party. how close it is real proof we can win potentially a blue state, one hillary clinton won by five points. one that a republican hasn't won statewide since 2009. melissa: juan, seems like donna brazile's book was hurtful, coming out days as the election

was unfolding, having that be the talk on sunday shows? am i read that right? am i missing something there? why should she do that? >> i don't think it will have great impact on the virginia gubernatorial race. people interested in democratic party politics and why the party has not developed an effective message to take advantage of the tremendous anti-trump fervor in the country that is the issue. you have the bernie sanders people versus the hillary clinton and -- melissa: that doesn't have anything to do with the virginia race? >> i don't think anybody voting in virginia will be influenced by that i think in fact one of the intrigues aspects of this, i think if you get ralph northam, democrat lieutenant governor, a man who was an army doctor, who went to virginia military institute, if you see someone losing as kayleigh said was up in the polls, for democrats it would be devastating, oh, my gosh, we have not been able to win in special elections in '17. approaching midterms in in '18.

trump numbers in virginia is 35% approval that is big issue. the way gillespie responded, melissa, i'm going to run a trump-like campaign in terms of appealing to a lot of issues people see as divisive, confederate monuments, things like that. melissa: kayleigh, do you agree how the assessment of that how the race has been won, or run? >> no, not at all. i agree with the "washington post" when they said the northam campaign has acted vial and despicable, when they were a part of this ad, this latino funded ad shows ed gillespie truck running down minority children. it was an ad that was wrong, it was defamatory and vial and despicable as "washington post" said as you notice, ralph northam numbers took a nosedive, he came out publicly i would have nothing to do with that. we find out through fund-raising fec reports there was a fund-raising tie between the

latino victory fund and his campaign. i would argue this race has been run by a vial despicable way by the northam campaign. melissa: do you blame gist lesspy for the ad? do you think his actions precipitated that attack? >> i don't blame ed gillespie. this was run by the latino victory one, because they felt that gillespie had been running ads that link ms-13, salvadoran youth gang to immigration at all. taking a page out of the playbook that was used by cory stuart, trump's campaign manager in virginia and then ran against ed in the primary, this was a way to gin up and energize people, by spreading with the northam campaign calls fear-mongering. i think overall what you see here, i think, the reason "the washington post" endorsed ralph northam, not ed gillespie is a sense, you know what? this is getting out of hand?

we can't go down the road and becoming a totally divided, racially antagonistic country. melissa: interesting perspective. we'll see what happens. it will be a nail-biter. thank you to both of you guys. >> thank you, melissa. >> you use snap? melissa: no, that is the problem snap shares nolling third results missing big on revenue and reporting it had lower than expected daily active users in the last quarter. it is down now about 18%. melissa: yeah. extraordinary new details about the rib-breaking assault on rand paul? wait until you hear what it was about. david: this is amazing. >> when the senator is expected to return to capitol hill. it will have an impact on passing tax reform by the end of the year. david: what i heard with it was all about. i shook my head. you will hear about it. he claims he is no hero. the man who shot the gunman in

the texas church massacre is hailed for preventing an even larger tragedy. >> i thank my god, my lord, protected me and gave me the skills to do what needed to be done. i just wish i could have got there faster.

david: follow-up to the massacre at the small church in texas. why the air force didn't report the shotter's military history to the fbi. they are trying unlock devin kelley's phone. why he opened fire, killing 27 people and hurting 20 more. matt finn in texas. i understand we have breaking news on his history as a mental patient. >> this is developing information a pentagon official confirming to fox news that the shooter escaped from a new mexico health center in

2012. he was only in the facility for a few days before escaping. apparently he was in pretrial confinement in relation to that domestic abuse conviction in his base in new mexico and he did something to land him in this mental health facility and escape. he was found at a bus stop and el paso police took him into custody without incident. we have active investigation on the church going on behind me. the fbi did not have the shooter's criminal records in its database which prevented him from buying guns at least in 2016 and 2017. the shooter used automatic weapon. no indication he used a bump stock. the shooting at the church stemmed from bad blood in the family, but shooter's estranged wife and mother were not at the church on sunday. we also are learning more about that man, the neighbor being hailed as a hero for grabbing his rifle, running barefoot to the church and stopping the shooter. want to show you that man's house. his name is steve wiliford he

lives right here at the house. that is how close it was to the church. he went out and shot the shooter twice, ultimately preventing more people from dying. back to you in new york. david: what a wonderful thing to do. unfortunately a lot of it was too late. matt, thank you very much. melissa: major league pitcher roy halliday was killed in a plane crash off the gulf of mention coin florida. hall -- halladay was 40. we'll be right back. ap a photo of the damage and voila! voila! i wish my insurance company had that... wait! hold it... hold it boys... there's supposed to be three of you... where's your brother? where's your brother? hey, where's charlie? charlie?! you can leave worry behind when liberty stands with you.

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e*trade. the original place to invest online. >> president trump is in seoul, south korea, touting u.s. military might in the asian-pacific theater. next stop is china, where north korea and trade will be the main priorities. live from seoul, south korea, fox news chief white house correspondent, john roberts. we're hear a lot here about a change of tone in north korea. what can you tell us about that? reporter: good morning, david. 14-hour time difference. president trump did moderate his language just a little bit, in seoul, south korea, yesterday, when he was speaking with moon, the president of the nation. there was no talk of fire and fury against north korea. there was no talk as james mattis said outside a few weeksing a, the total

annihilation of a country. it was far more moderate or diplomatic than in the past, to soothe anxiety by south koreans, that a ating that by the united states against north korea will be catastrophic raining down artillery shells on south korea that could kill thousands of north koreans. the president is pushing back with actions in the united nations, bilateral actions. as the president visits, there are three carrier strike groups, the roosevelt, the kennedy and nimitz as a big show of force. north korea has been uncharacteristically quiet for the last few weeks. the last missile test was on september the 15. when the missile flew over the northern japanese island of hakido where the president was before coming to seoul. there was that test on september third, nothing since then. it had the president sounding a optimistic tone yesterday with

moon. listen here. >> i think we're making a lot of progress. i think they're showing great strength. i think they understand we have unparalleled strength. that being said i think it makes sense for north create to come to a table to make a deal that is good for the people of north korea and the people of the world. i do see certain movement yes, but let's see what happens. reporter: the president is is saying that he does see certain movement, but again let's see what happens. just to make sure that kim jong-un has the message he needs to behave and he needs this to end diplomatically, the president said the united states remains ready to bring down the full force of the u.s. military on north korea. he has speech, this is big one today, david, to the national as assembly here in south korea. north korea will be part of that speech and he will talk about

renegotiating some way, the u.s.-korea trade deal which the president believes is neither fair, nor free or reciprocal. number of big issues on the table here in south korea. david: john roberts, got up before sunset just for this show. john, we're for every grateful for you doing that. thank you very much. >> great work. we appreciate it. here now to react to the president's trip, gordon chang, ought are and a half "nuclear showdown, north korea takes on the world." president sounds a lot more confident. you say the campaign to cut off money is working. is that what is going on here? >> i think so. unconfirmed, junior officials in pongyang are part of favorite class are not getting russians from the public distribution system is. that would be extraordinary. this is consistent with a few things we know. for instance, president trump's team is going around the world cutting off flow of money to north korea. north korea on friday issued this propaganda blast how the

sanctions are brutal and they're genocide, really showing they're getting to the mentality of the senior leaders there. so there is an indication that the president trump's underlying policy, forget the insult is, forget the tweets. melissa: yeah. >> you look at underlying policy which has been consistent since the middle of the spring is actually working. melissa: what does that mean? if he is choking off any supplies getting there, does that mean there is potential regime change. does that mean they hand over? how do they know it is working? what is the outcome that is ideal? >> the outcome ideal, first of all regime will not have money to launch missiles or to detonate nukes. that means kim jong-un, the ruler will not be able to give luxury isry items to senior regime elements. that is gift politics that puts kim jong-un in a difficult position, he has to do what president trump just said, which is come to the table. essentially when the regime is desperate, they will come to the

table because then they realize they have to do what the international community wants. melissa: there is another statement that was made in seoul, that you say almost everybody missed but was really meaningful, when he said it is unacceptable for nations to arm north korea. what does that mean? >> he is referring to china. there is a lot of evidence that continuous supply of equipment, components, materials to north korea's nuclear weapons program, the supply the crucial equipment to the ballistic missile program, also north korea's most advanced missiles look like derived from china's jl-1 submarine launched missile. we need to ask questions. if this is going on for the course of decades, the united states needs to stop it. melissa: gordon, thank you for your insight. we appreciate your time. >> thank you, melissa. david: this is very interesting, the twitter doubled character account from 140 to 280. melissa: really? david: we have a lot more to hear from president donald trump. breaking news. more troubling documents from the hillary clinton email

case released showing james comey going easy on the former secretary of state but, her legal troubles may not be over. could donna brazile's accusations about clinton lead to some charges against her? judge andrew napolitano, reacting to all of that, coming next. shield annuities from brighthouse financial, allow you to take advantage of growth opportunities. with a level of protection in down markets. so you can head into retirement with confidence.

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secretary of state hillary clinton's use of private email using top secret material from gross negligence to extremely careless. there is a big legal difference, or is there? these memos leading some democrats to cry foul. listen. >> it strengthens my call and that of others for a special prosecutor to look at. that comey, the gross negligence , to look at email deal more generally. look at uranium one, the dossier, all of it. at this point, what we know is getting more and more troubling. david: here now to discuss why that makes a big difference, fox news senior judicial analyst judge andrew napolitano. i got to say doug, who we just saw there, is a democrat. >> he used to work for them. david: absolutely, he used to work for bill clinton, when bill clinton was president. for him to say all this amounts to something that requires a special prosecutor, is extraordinary in my mind. >> i respect doug's inlex wall

honesty and personal courage to do that while i think these matters should be examined i don't think you need a independent prosecutor and main justice and attorney general sessions and hundreds of trial lawyers can invest these. this is very serious allegations. david: right now america doesn't have a lot of confidence in the justice department and apparently the president of the united states doesn't have a lot of confidence in jeff session. >> i'm sorry to say i agree with you, i've been a friend of the attorney general's for many years. he is pretty much in a vice. the democrats next week are about to accuse him of lying under oath because of all these continued involvements with russians that he didn't apparently reveal during the senate confirmmation hearing. he has a president who is publicly saying why aren't you doing this, why aren't you doing that? there is a squeeze on him of the most important investigations of doj are not run by him. he recused himself. david: you're making a case for

special prosecutor? >> i'm making a case of attorney general more in control and activist. david: we need a change at the top? >> that is really the president's decision. however, in terms of what doug schoen said, the substance of those cases, of course they should be investigated. is there a difference between, grossly negligent and extremely careless? no. but the tone is different. because the court has said, you prove espionage, failure to safeguard state secrets, by showing gross negligence. david: yeah. >> there san email, that pam brown and catherine herridge, our wonderful intrepid colleagues found which an fbi agent is saying, complaining to the boss, you're telling to find intent. we don't have to find intent. we only have to find gross negligence. david: to prosecute. >> correct. david: right now we have several hillary scandals bubbling to the surface. >> yes. david: we have this one. we have the emails. we have the trum dossier she claims she has nothing to do with it. she has a lot of control over the party.

uranium one. of all the scandals involving hillary clinton which deserves most attention? >> i think on its face uranium one is the worst because it involves so much money. the frank justra, friend of her husband, bundled, do you know the number? $148 million, delivered checks to the clinton foundation, the same week moscow gives bill clinton $500,000 to give 35 minute speech he gave a week before in los angeles. hillary clinton and eight colleagues to allow justra's client to purchase 25% of uranium mine in colorado. you can't make this stuff up. david: donna brazile accusations hillary taken effective control of dn. consider, there is hillary clinton and donna brazile. hillary clinton had before she was nominee, power over staffing, power over financing. donna brazile was frustrated

because she knew where the money was spent, she couldn't, because the clintons were spending it even though the clinton was not the nominee. >> is any of that illegal? david: no. >> it had been explosive had public known about it, had bernie sanders known about it, had democratic voters would have known about it,. david: we see now creating a civil war. >> the democratic party like republican party is private entity. they chose to enter into an agreement with somebody they thought would bring them a lot of cash, clinton foundation. they traded cash for power. pay our bills, run our organization. she ended up losing. david: even though causing a split in the democratic party, that is not an illegal charge? >> correct. correct. david: judge napolitano, great to see you, thank you. melissa. >> five broken ribs in a trivial dispute. hmmm. details on mystery motive could be at the root of senator rand pal's assault. this is a very bizarre story. it is next. ♪

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melissa: searching for answers. senator rand paul recovering from bruised lungs and five broken ribs, after his neighbor allegedly attacked him but despite the severity of the injuries, senator majority leader mitch mcconnell says they anticipate that paul will be back in the saddle next week. that is ambitious. here now is james freeman, "the wall street journal" editorial page assistant director and a fox news contributor. i'm really stuck on this story. >> yeah. melissa: there is so many things about it that make absolutely no sense. i mean, first of all let's start with the fact that here's rand paul. he is mowing his lawn. he can't hear anything because he has something covering his ears. i heard it was earphones, i heard it was earmuffs, whatever

it was. he can't hear. his neighbor attacks him brutally. he can't breathe. he has five cracked ribs. he has a bruised lung. i mean he is really in bad shape. and the charges are so minimal. >> right. melissa: based on what he did, fourth degree assault? i mean the judge was saying that is what you would get for hitting someone in the face or something, not really -- this makes no sense. we still don't know. we heard it is about lawn clippings, it is about composting. it is about neighborly things. this maybes no sense. >> yeah it is, so far the charge is a misdemeanor. it could be more serious assault. melissa: not appropriate. >> at federal level, assaulting a member of congress can get you a lot of jail time, prison time, i should say. we'll see if the charges get upgraded. melissa: you would expect rand paul, people on his side saying this is outrage. they're not. that is what kind of getting me

thinking why are they not screaming foul? night is weird, in a vacuum, looking one way, his spokesman is saying, this is a criminal prosecution here. we have no comment about it. so you know, maybe they just want to let justice play out. maybe there is more to it. you have, really amazing folks in the media almost, blaming the victim here, that "new york times," the louisville currier journal, basically running long pieces how people are saying rand paul didn't follow the rules of his gated community. melissa: sew deserved to be beaten within an inch of his life? is that what our society is about? >> isn't it amazing put grass clippings in the wrong place or grew pumpkins and developer had a problem with the design of the house and found mr. paul difficult to deal with. amazing given severity of

attack. that is not just an attack on rand paul. this the senate is in session. this is denying the people of kentucky their constitutional representation. melissa: absolutely. he is going back. everybody is doing the math. every day counts. every vote counts of the everything is going on. he started with the tax plan. he said he was in favor of this tax plan, however, you have to wonder, as things get horse traded he is not reliable once they start moving around a lot necessarily. what is your take? >> it does add more complication, of course, republicans they have only 52 senators so. the math gets tricky, especially when you have people who tend to like to go their own way, like mr. paul, i don't know mccain, others. so far, what he has missed has not really cost any votes. they had to move around some cloture votes in terms of nominees, but other people were missing as well. i think this is not going to derail the major legislative

issues. so far, i think the senate leadership is comfortable that they're going to have him back when they need him for floor votes on the tax plan. melissa: i for one do not think the story makes sense. i'm not letting up. >> good. melissa: i promise you. i'm not going anywhere off this story. this does not smell right. i don't like it. it is -- i'm not giving up. >> we need to know more. melissa: would you stick with me on this. >> absolutely. that is promise. david: david, it didn't smell right. it was compost heap, right? i had to say it. >> oh. david: army of spies. shocking new revelations in the harvey weinstein scandal. new word on a possible indictment coming next. we'll listen. we'll talk. we'll plan. baird.

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melissa: harvey weinstein spent more thaa year using private investigators to track actresses and journalists in an effort to stop his predatory behavior from going public. that is according to a new report from roman farrow in the

new yorker, even hiring ex-mossad agents. david: now the manhattan d.a. is going to seek an indictment sometime next week, not looking good for him. melissa: incredible story. "risk and reward" starts now. >> for those who are telling me to shut up, they told hillary that a couple of months ago. you know what i tell them? go to hell. i'm going to tell my story. >> allegations simply aren't true. >> you have to have some concern about how that's going to play out in virginia. >> nobody cares. >> she feels like she's warning her democratic party to move on and look at these elections as inevitable. >> it strengthens my call and that of others for a special prosecutor. >> i don't know whether donna brazile is a kook, but what she said is kooky. >> the entire democratic party stinks from the head down. elizabeth: it is election night in the united states,