liz: david, thank you so much. with the buy later theory. [closing bell rings] too close to call but possible record closes for all three. the dow is there right now. we'll see "after the bell." melissa: we'll call it a record. >> everybody go home, nothing to see here. nail-biter into the close. too much to see here almost. melissa is right. looks like we'll get a fifth record close for the dow. how we settle. s&p, same deal. nasdaq near a record high as well. we're watching all vest cloy as always as they settle here over the next few minutes. i'm connell mcshane in for david asman. melissa: i'm melissa francis, this is "after the bell". we're calling eight record. house pubs hash out details of

the tax plan as a new report says the the plan from the senate could be very different and delay in the corporate tax cut for a year. what? congressman tom rice from the house ways and means committee will respond. president trump in china issue issuing a stern message for north cree. don't mess at usa. ambassador john bolton with that. new accusations from chairwoman donna pray seal, -- brazile, comparing the clinton campaign to a cult. another good day for nicole petallides to follow. she joins us from the floor from the new york stock exchange. >> hi connell. 401(k) or ira .

>> it crossed the 900 billion mark for market cap. largest company in the world. so that was a pretty big deal. we'll watch for the next stop. that would be one trillion. that would be 194.77 a share according senior editor charlie brady. you can watch for that. we had big breaking news on time warner, at&t. this is story going on all day. time warner down 6 1/2%. at&t, actually started lower, moved higher on the news but the department of justice looking closely at this $85 billion deal which really started last october. and it is now, they're standing

in the way. they're talking about possible laying the groundwork for a lawsuit. they are saying that the deal is uncertain. there is talk of selling cnn, directv, or hbo in order to make this happen. at&t managed to move higher. a day of records. toss it back to you. we'll wait on the fox earnings as well. >> thank you, nicole. you said it. it was one year ago today, americans went to the polls and donald trump was elected as the 45th president of the united states. and at the time wall street was bracing itself for this overnight for a panic that in the end never came

>> remember that major selloff if donald trump elected? forget it. connell: can use the word roil by mr. as man. steve cortes, hispanic 100, former advisor to the trump campaign. adam lashinsky is also with us, adam from fortune. both steve and adam are fox news contributors. we can sit here, guys, steve start with you, hey, how much of this rally is donald trump responsible for? we could debate that all day. there is no real answer, right? what do you think is the biggest contribution, steve, this president has made to this stock market rally, or the environment that has set us up for this rally? >> connell, listen, just a few blocks from where you are right now, down sixth avenue at the new york hilton, i saw that happen, not only was i a trump campaign operative but a markets guy. i saw what was happening that night with the dow cratering. guess what? it recovered to unchanged by

morning and has done nothing but soar ever since. up 28% using the dow as an indicator since that day but why? i believe two things. one is deregulation. thankfully he doesn't need the congress on that. he largely done that on his own. that is hard to explain to a lot of folks, if they're not involved with on the ground small business, how onerous regulation is to their lives, to their businesses to their growth. so the regulatory relief has been unbelievably enlivening to the economy at large. connell: all right. >> i think the second aspect this is key. we don't pay enough attention to the intangibles. just the belief that we can grow. a belief better times are ahead. connell: people do business. better feeling. >> self-perpetuating to invest, to hire, to take risks. connell: i get it. is that fair, adam has the president in your view created a better environment for business?

is that fair? >> well i was thinking as steve was talking with cratering of the market on election night, shows you what the market knows which is not necessarily much. that was a situation of uncertainty, recovered quickly. to steve's point, factually speaking the one thing this president has done nobody can dispute, he has taken a hatchet to many regulations. he is promise to take a hatchet to more. that does give business people confidence they can make more money out the government getting in their way, without the government enforcing certain safety standards and other standards. that is good for profits. as to the larger point, this economy has been growing for what, eight, nine years? the market has been growing since the financial crisis. connell: right. >> that is the, that is the situation in the country today. it has relatively little to do with this administration. the regulations -- connell: interrupt you guys. we'll get back to both of you. i interrupt you. we have breaking news. breaking earnings news.

nicole back with us from the media sector, our parent company, twenty-first century fox. what do you have, nicole? >> looking pretty good, earnings per quarter right in line with estimates. we go to revenue the beat the estimate of 6.8 billion. up nearly 1% right now. with these numbers we are seeing revenue up by about 5% year-over-year, so that is some good news there. we're waiting on the conference call to find out more, see if there is any mention of anything disney or anything like that. they're saying what they're seeing so far, puts us on track to achieve the over all financial and operation objectives. connell: right. >> so good news here. we lost some of the gains, unchanged at moment. up arrows now for twenty-first century fox. connell: as you say, conference call always key. nicole, thanks. get back to this. get back to the markets. melissa with a big interview.

melissa: tax writing committee in the house is currently marking up their bill as the senate will release their own bill following the house markup. "the washington post" is reporting there may be significant differences between the bills. here is republican congressman tom rice from south carolina. he is on the house ways and means committee. thank you for joining us, sir. what do you think of these reports, there are big differences. are they true? >> thank you, melissa, for having me. i haven't seen the senate's proposal. melissa: you must be hearing buzz? >> we're in the middle of markup. we've been in day long meetings. this is the their day, probably tomorrow the fourth day. i haven't had a lot of opportunity to review the news. we're very excited about your plan. i've been listening to the preshow while waiting for interview. all the optimism driving the stock market i think we'll get this plan passed. it will continue to grow our economy and continue to build optimism. melissa: a lot of comments i've been hearing today, that people think, both in the know and

people that are watching from the sidelines, that the final bill that gets through isn't going to look very much what you're working on right now. what would you say to those people? >> i say they're wrong. i'm sure there will be changes around the edges. i think basic tenets will stay the same. reducing business rates. stimulating economy allowing businesses to write off capital improvements. melissa: yeah. >> putting more money in the pockets of middle-class americans. i think all those basic legs will be there. i think that will grow our economy. we just, we just got out of eight years of the obama administration. in eight years we did not have one year where we got to 3% gdp. melissa: you're preaching to the choir here because we're an economic show. so we definitely understand that. and look forward to more growth. >> donald trump has been in for nine months. we already had two quarters of 3% plus. if we get the tax return plan, done, it will be 3 1/2 plus. melissa: that would be great.

>> millions more jobs. that will put thousands more dollars in the pockets of average american family. you will see the economy skyrocket. melissa: what is one thing you would give away to the democrats to get more on board to make sure you got the votes? there is a lot of criticism, accurate or in the, this is tax break for the rich, donald trump's friends, president trump's friend. what do you think is the first thing you would be willing to put on the table maybe get some democrats on board? would it have to do with the estate tax, the death tax, maybe? >> you know. i'm very proud of the plan that we have put out there. in terms of two objectives i had, the first was stimulating the economy. i think this, every economist that has looked at it we talked to says, they vary in the amounts but all say it will stimulate the economy. second, the distribution of the tax benefits. that wasn't my primary goal. i think that is small potatoes. i think big thing is the

economic benefit coming to the american family. you know the democrats have been very focused on the distribution of income, of the tax benefits among all income strata. the tax foundation, "the washington post," the joint committee on taxation, have all very clearly said, that all levels of income of american families will benefit from this. so the, amendments that the democrats are offering in the ways and means committee are namely targeted to specific things. not really -- melissa: like what? >> they wanted money for first-time home buyer. melissa: would you agree to that? >> i don't, i think the best thing we can do for first-time home buyers is repeal dodd-frank, or take a lot of regulations off community banks that prevent people from getting loans. that is what is holding people out of the housing market. not that they need a first-time tax credit. in fact i pointed out to the committee, you put all these regulations on banks prevent

people from getting loans. then you want to pay $8,000 to help people get around regulations that you put in place. melissa: yeah. >> best thing we can do for the consumer, get our economy moving, stimulate the economy, american people are realizing that they will never fet anywhere with entitlement. they would allow the government to take care of them. they will always live in poverty. melissa: congressman rice, thank you for your time. >> thank you, melissa. >> panel interrupted, we were talking about the market at the time. as we go back to adam and steve, comments from the congressman are interesting. adam go to you, he is making argument on growth. citing numbers we are already seen, the trump administration says we'll see more. if the corporate rate does not go down immediately. if don't go down immediately, phased in over time, what will that do in your view? >> well, i think that is a prudent way to go about doing this.

>> okay. >> gives companies the time to plan for it. but if the presumption is slashing corporate rate will boost growth quickly, then slashing it more slowly will boost growth more slowly. there is no way around that. it also hits deficit less. connell: that is a good point. the other thing i want to ask you guys about, steve, go to you on this, tax policy center analysis came out, this is republican plan. if this analysis is correct, 7% of taxpayers will be paying high every taxes, immediately. by the year 2027. 25% of taxpayers will be paying higher taxes. what do you make of that? >> well, connell that is possible. first trying to predict anything 10 years out, whether financial markets, tax policy, or who will win the super bowl is pretty crazy. i don't put a ton of credence in 10-year projections. i will say are some people seeing their taxes go up, people who got unfair loopholes until

now? perhaps they are. the bigger point, i think, i think this is the point for most of our viewers. certainly for most people who voted for donald trump, we need economic pie to grow. if the pie grows, even if your share of taxes happens to go up, it will be on much bigger top line income number. how do we get that pie to grow. connell: right. >> quickest way by far, cut taxes cut regulation. we have done the second. now we do the first. connell: i heard a grumble from adam. have a goodinner, two of them. adam, steve, thank you very much. melissa: from growth negligence to extreme carelessness. what was behind the change of language with former fbi chief comey's controversial statement on hillary clinton's handling of the government emails. "judicial watch" wants to know. that is why it is suing the justice department for answers. tom fitton joins us. connell: republicans downplay

the losses in virginia and new jersey. we'll talk about key take way last night. whether it has any impact on midterm elections. melissa: president trump sends another warning to north korea. former ambassador john bolton on the president's historic trip, and what it could accomplish. ♪ what if we could keep more amof what we earn?d. trillions of dollars going back to taxpayers.

who could possibly be against that? well, the national debt is $20 trillion. as we keep adding to it, guess who pays the bill? him. and her. and her. congress, we should grow the economy. not the debt. ♪ show of hands. let's get started. who wants customizable options chains?

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comcast business outmaneuver. connell: shares have been absolutely soaring here in the last few minutes in after-market. double-digits percentage wise. it's a loss per share but better than expected. not as bad as expected depending on your point of view. tv streaming company, many of you know it, use it, roku not as

bad as thought how much it lost, the stock is off to the races. we'll watch that tomorrow. melissa: on pew -- opulence and fanfare. china rolling out the carpet for president trump. giving a tour of the city. pleasantries preceding what will be important meeting between two leaders. here with more is blake burman. reporter: president trump will meet with xi jinping in couple hours from now as the sunrising in china. the top issues as you went over them, will be the massive trade deficit that the u.s. has with china, that the president has talked about for years dating back to his first days on the campaign trail. also of course north. yesterday the president was in seoul, south korea, gave a speech before the korean national assembly last night. standing 30 miles away from the

dmz, the spot that mark as dividing line between the south and the north. the president had this warning for the rogue nation to the north. >> do not do not underestimate us. do not try us. we will defend our common security, our shared prosperity, and our say credit liberty. reporter: the president routinely praised ally ends between the united states and south korea and describes north korea as quote, hell that no person deserves. north korea can work towards diplomacy under these main conditions. >> we will offer a path to a much better future. it begins with an end to the aggression of your regime, a stop to your development of ballistic missiles, and complete verifiable, and total denuclearization.

reporter: senior administration official saying of this china trip that topping president's agenda, north korea, forced transfer of technology from many american companies. melissa, back to you. melissa: blake, thank you. connell: here to talk more about all this, john bolton, former u.s. ambassador to the united nations. fox news contributor as well. always good to see you. every report we have about the president's trip overseas, the questions are what can the president accomplish. but hearing blake and seeing reports from china, the chinese president really rolled out the red carpet. what is the goal from xi xinping's point of view? what does he want out of the u.s. president? he really seems to be welcoming? >> he would like nothing better than donald trump to say something that would put china and xi xinping in particular on a equal plain with the united states. if we go back to the cold war, the world in competition between

two superpowers, the united states and soviet union. we won the cold war, the soviet union collapsed. but china clearly looking at the 21st century as their century. i think they have got a few things to learn. i think that xi xinping will try to do a snow job on donald trump, to see what he comes up with. he knows there are a lot of substantive issues, but trying for a longer game. connell: by snow job you mean? >> like he is a reasonable guy. connell: okay. >> somebody you can deal with. just another democratic politician, right? connell: yeah, right. not exactly. think it is interesting, how he is really gone out of his way. from the u.s. side of it, obviously, as blake was reporting, want to really pressure them on north korea. to that end, take a listen to one more comment from the president last night of our time in the south korean speech, figure out who he may have been talking about. here he is. >> for those nations that choose to ignore the threat or worse

still to enable it, the weight is on your conscience. connell: no names, named, but is china ignoring this threat or enabling north korea still? >> they certainly have for close to 25 years. vladmir putin's russia gets an honorable mention as well. he will see putin in vietnam on meetings on thursday in beijing. the focus will be on china. i think president has got to deliver a very tough message. we don't have much time left. cia director mike pompeo said couple weeks ago, it could be a matter of months before north korea get as deliverable nuclear weapons capability. i can say unequivocally they will not negotiate that away. it is not going to happen. connell: right. >> i think the president has to say to xi xinping, either two of us solve it, by solve it, i don't mean negotiations the elimination of the nuclear capability, if the two of us can't solve it, we'll solve it by ourselves. connell: the other topic, ambassador bolton, we want to

ask you about a little bit, the story with saudi arabia this week has been something else. crackdown on the crown princes over there. and looking to seize all of these assets as well. $800 billion obtained through government corruption they say. the finance minister says arrests we've been reporting on investigation would not affect normal business operations. what's really going on over there? >> well i don't think there is any doubt the crown prince with the support of his father the king, mohammed bin salman, the crown prince, has basically taken control of all of the various armed forces within the kingdom. they have scrapped nearly a century of consensual rule among the ruling family. the descendants of saud. i don't think there is any doubt at this point where the struggle stand. i will say this. i don't think this thing is over yet. the other 3,000 members of the extended ruling family are not

terribly happy. i think possibility for outside mischief from iran, isis, al qaeda, remains high. i would be, i would be nervous about declaring that the political circumstances in saudi have resolved themselves. again i'm not disputing what the current situation is. i just don't think it is guaranteed. connell: not over yet. ambassador bolton, always good to see you. thanks for coming on. >> thanks for having me. melissa: more problems for harvey weinstein. the chilling story is getting worse if possible. howard kurtz is breaking it all down next. plus is the traffic during your workday commute making you nuts? flying cars are a reality sooner than you think. my kids will be thrilled. connell: whoa. ♪

connell: breaking news regarding senator paul recording his health. he tweeted after the assault by his neighbor. i appreciate all the support from everyone. medical update. final report indicates, six broken ribs. melissa: whoa. connell: new x-ray,pleura efunction. melissa: water on the lung. water on the lung. connell: wow. melissa: no big deal. connell: not at all. rand paul. wow. melissa: shocking new revelations in the harvey weinstein scandal this is according to ronan farrow newest expose' for "the new yorker," weinstein allegedly hired a private investigative firm to collect information, multiple firms to collect information on accusers and journalists looking to expose the disgraced movie mogul's lewd behavior. here is discuss is howard kurtz "mediabuzz" host, fox news media analyst. this article was staggering. the lengths that he went to gather covert information on

those who were going to accuse him, to me means a lot of people knew what was going on. >> yeah. this helps explain the climate of fear that surrounded harvey weinstein. extraordinarily well-documented piece by ronan farrow, these private outfits retained by weinstein. they used fake names, fictitious companies in order to try to get journalists to talk to them, get some of weinstein's own accusers like actress rose mcgowan and fall out at new york sometimes, which fired super lawyer, celebrity liberal lawyer, david boies, he was working for "the times," but secretly working with one of these private detective firms on weinstein's behalf which was trying to stop the newspaper from pursuing the allegations, the sexual harrassment allegations against weinstein. melissa: david boies, admitted he approved use of companies like black cube, which is this company, went out hired their

people to pretend to be victims to go to newspapers and try to figure out who else was a victim, where they were, how far they had gotten on the story? also to pretend in rose mcgowan's case, according to the report, be a women's rights activist, get her to tell her story, so they would be totally prepared for what is coming out. really stuff you would see in a movie, you wouldn't believe was out there happening. one of the reasons we're talking about this, there is tremendous financial implications for a lot of companies, even public companies, because of the number of movies that have been shut down. even the effect that this had on the whole industry. look what happened to kevin spacey who had a ton of allegations against him. instantly his productions were shut down or in some cases finished. things are not going to be released. it is a lot of money, not that this is the most important thing, but this is why we're talking about it on a financial show, there are a lot of implications financially for

companies out there. i mean how does hollywood sort of survive this, and deal with what is going to be a lot of financial losses as they try to clean up their act? >> like a newt trone bomb. -- neutron bomb. bret ratner and andy dick have been accused. one of the films stopped, by channing tatum about sexual abuse. "house of cards" has dumped kevin space i. "new york times" accusing boyce who represented al gore in 2000 recount of gross betrayal. he said he made a mistake. it's a pretty big mistake. melissa: we saw it here in the news industry as well, until there is a big financial cost, the industry doesn't change. you hate to see that happen, but to get everyone's attention but make the financial cost will bring real change in hollywood and other industries where there

is a problem. we thought news and money made the difference. howard kurtz. we're out of time. i love you. thank you. connell. connell: this is totally different topic this is some story. we could be up in the air by 2020. you know uber, they announced a partnership with nasa. they want to develop a fleet of flying taxis. melissa: oh. connell: want to do it quickly. they want it up and running in two years. build up a network of vertical takeoff and landing aircraft with greatly reduce commutes they say. also help vehicle pollution and major cities. they start testing in the dallas-ft. worth area, then head out to los angeles. just a couple years. melissa: the only thing scare year being in driverless car, being in a driverless plane. connell: no, man i would do it. forget the long island expressway. fly to work. melissa: okay. new revelations from donna brazile, former dnc chair is not holding back. how she really feels about

hillary clinton's failed run for the white house. connell: plus the gop has been down playing the key democratic victories on election day, but do the wins have any kind of big implications for next year, 2018 and beyond? i think it's terrific. your kids go to college and you start trading. >>yeah, 5 years already. 5 years, hmm. you ever call your broker for help? >>once, when volatility spiked... and? >>by the time they got me an answer, it was too late.

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connell: here is more breaking news. this time the at&t chairman and ceo, randall stevenson, has responded to reports we've been

talking about that the department of justice is demanding time warner sell cnn as a condition for a merger with at&t. so stephenson put a statement out. here it is until now we never commented about our discussions with doj, but given doj's statement this around, important to set the record straight, throughout this process i have never offered to sell cnn and have no intention of doing so. we will keep an eye on this melissa. melissa: political setback for the gop no matter how you slice it. voters in virginia and new jersey, choosing democratic governors in the first major test of swing state politics under donald trump. we have noelle nikpour, gop fund-raiser. there was no good way to win this. it was a bad night for republicans last night. >> no, it was horrible night for republicans, democrats had one up on us. i think one of the reasons why is because they had, a lot of people are not happy with the attitude in washington,

washington, d.c., with trump and the twitter and they're not happy with the lack of accomplishments. we have to admit, we have a republican president, house, and senate, so we have trifecta and we're not getting anything done. and i think that the democrats capitalized on that. melissa: yeah. bob, is that what you think the problem was? >> i think so. specifically lack of accomplishments, no doubt about it. why would the base show up when you haven't got health care done, you haven't got taxes done. you don't have any major legislative wins? so this actually in a perverse way could help republicans, because they can say to their republican skeptics who may not want to vote for the tax reform bill, listen, we got killed. unless we pass tax reform, we're going to get killed again in 2018. remains to be seen i don't could be helpful. they could say, look, we got blown out. this is a disaster. the same thing will happen to you too if you don't sit down at the table to get something done.

at same time, gives democrats less of an incentive to deal. interesting, cuts both ways. more bombshell revelations from donna brazile's book. the former interim dnc chair, comparing hillary clinton's failed 2016 presidential campaign, to a cult. >> it was a cult. i felt like it was a cult. you could not penetrate them. i'm a grass roots organizer. i know street politics better than suite politics. i can not help a candidate, joe, if i don't have resources. if i can not spend resources the party is raising because there is a blind agreement. melissa: so, bob, obviously this is delish, to everybody but the clintons. everybody who supported bernie feels vindicated. republicans are eating this up. i wonder though, what do you think donna brazile's motivation is? obviously she wants to sell books but it can't be just that.

the timing -- what do you think is driving her? vending against on the clintons? does she want some other career going forward? is she a dancer like we're seeing on the screen right now? what do you think? >> i think number one, the clintons power is diminished. i number think there were personal slights going on. she definitely wants to sell books. this is a bombshell. i think this will linger for quite some time. last thing, she said she would put biden and booker on the ticket and replace hillary clinton. that is not realistic. that is no way to be done. there was no way she could feasibly done that. melissa: she talked about it on the day hillary clinton collapsed. >> true. melissa: we watched that on 9/11, we don't know how sick the woman is. if she doesn't make it forward, that is who i may go for. noelle, wonder in a lot of ways very good for the democratic party, she is burning down the house. that is the complaint about

democrats not moving forward and getting rid of the clintons. the clintons are lingering like the smell of fish around everywhere, and she is helping democrats trying to clear them out of the way like a brush fire and get some new growth and rebirth. >> i'm glad that she is validating what a lot of us feel like went on in the clinton machine. so i'm glad that she is doing it. i think people have respect for her opinion because she has been praised in democratic circles for a very long time, until recently, until she calls them out for things that have been going on. now a lot of people are saying, oh, she is craze i is. oh, she selling a book. she is not credible. but i give her props for actually coming out and exposing what really went on, that a lot of us speculated anyway. she confirmed it. melissa: she is smart. so there ising is behind it, guys. thank you so much. >> thank you. connell: it has been exactly one year ago today election of donald trump as the president.

it was shocker then. he has been there or elected for a year. we'll look back at that night, historic night coming up. ♪ [vo] progress is an unstoppable force. the season of audi sales event is here.

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the markets change... at t. rowe price... our disciplined approach remains. global markets may be uncertain... but you can feel confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence. connell: we following breaking news as stock price of twenty-first century fox which is the parent company of fox business is moving up in after-hours trading session. we told you earlier in the hour about better than expected first quarter revenue but when nicole was on with us reporting that, she said we better watch out for the conference call. i believe it is underway, right?

what are we learning anything? reporter: yeah, we are. they had a sales beat and revenue beat which helped improve the stock price up. it is up 1 1/2% now. that being said, they're talking about everything disney. there were news reports this week about possible talks of disney. twenty-first century fox on the conference call they will not respond to questions or comments about the recent press speculation. they started off with a strong quarter for 2018, and other bits and pieces. the cable division which houses fox news and fx channels rose 10%. that is a big move there, to 4.2 billion. that accounts for more than half of the total revenue in the quarter. other areas of strength, domestic advertising revenue rose 3%. film entertainment division, revenue there rose 3%. sales and revenue beat. stock up 1 1/2%. the sky news deal, we know that

is ongoing. twenty-first century fox is, they see the sky deal closing june 30ths of 2018, to buy out remaining part of sky news they don't already know. parent of this company doing well after hours. connell: nicole petallides on breaking media news. thank you, nicole. >> department of justice sued over suspicions that former fbi director james comey got some help from special counsel robert mueller on his senate testimony. the man behind the doj lawsuit, tom fitton, is here next.

connell: here is some breaking news we were waiting for. the congressional budget office has just come out with its estimates on repealing individual mandate on obamacare,

how that would work out, how the numbers would work out. number one, they say number of uninsured people would go up by 13 million in year 2027. but they say the estimates, average health insurance premiums individual market would increase 10% in most years over the next decade. and the estimate by itself, repealing the mandate would reduce federal deficits, this is one of the things we're waiting for, this is a big topic in tax reform, how much deficit reduction could they get out of it, according to the cbo, $338 billion in period 10 years, 2017 to 2027. melissa. melissa: "judicial watch" suing the department of justice. the group seeking all communications between fbi director james comey and the department of justice before and regarding his controversial testimony back in june in front of the senate intelligence committee. joining me to discuss all this,

tom fitton "judicial watch" president. what is it that you think you might see there? >> welcome my's testimony was pretty controversial. you may recall he tore into president trump, talked about his firing. talked about memos he wrote that were government documents that were, at least in part leaked through a friend to the "new york times" in order to get a criminal investigation going into the president of the united states. i think it would be interesting to know, just what exactly the justice department was doing, particularly robert mueller, was doing in coordinating any testimony with mr. comey. it looks like that is what happened, at least according to reports by fox news. we want the details on that. was there collusion on this comey testimony? melissa: yeah. you're also looking for exit records. what do you think you will see there? >> you know comey took government documents with him, it looks like. then he improperly leaked them.

the justice department is confirmed that the leak at least to the "new york times" was not authorized. we want to know what he took with him, because if there are documents that the government owns that he took, we want to be able to get them if necessary. we want to know just what happened because it is a scandal, frankly, that he was able to take these memos, with him, frankly, in order to use, to get back at donald trump for firing him. melissa: i believe he has said that these are just, you know, notes to himself. it is not work product. it is not anything that the government owned. how would you argue against that? >> well, we're asking for the memos in court, and the department of justice has just told us we can't get the memos because, a, they're government documents, we need them for the russian investigation. melissa: right. so that kind of blows the lid off the idea that they're not government property. you can't have it both ways what you're saying. >> well you know, talk to the justice department, not to "judicial watch."

it is not our position. it is the government's position. melissa: what happens from here? what is likelihood you can get these things? >> i think we'll get some comey memos. i think there is some information we can get. probably will get some information about the exit material. what's frustrating is how long we have to, how much we have to fight, how long we have to wait. i don't understand why this justice department is protecting comey over these memos and not producing these records to the american people. "judicial watch" isn't only suing. we're representing the "the daily caller" news foundation, that other network, in atlanta is suing as well. so there is a lot of public interest here, yet, mueller doesn't want any information to come out what comey did. remember the government's position is, he improperly, leaked this information without authorization, yet they're protecting him. melissa: and the information for that matter. >> "new york times" can get it but the american people can't. melissa: right.

that is so interesting. it is not work product but it is work product because you can't have it. very interesting. tom, thank you very much. >> you're welcome. connell: back to this theme one year ago today. it was one of the biggest political upsets of all time, right? donald trump elected. shocked the world, when he came the 45th president of the united states. we'll be back. ♪

>> stunning victory for donald trump. >> i promise you. >> we're going to get to work immediately for the american people. >> a lot of things that donald trump wants to do can be done easily. >> i love this country. >> then after that's got stuck in the mud in the swamp. >> markets is taking off.

>> i was thinking about that, you knot on in middle of night. >> i was delirious david carried the day, that does it for us, "risk & reward" starts right now. >> victory astonishing on many levels. >> one of the most shocking u.s. election. >> this is alistic night. >> american people have spoken and the american people have elected their new champion. >> i just received a call from secretary clinton. she congratulate the us, it is about us, on our victory. >> ours was not a campaign but rather an incredible and great movement. made up of millions are hard working men and women. who love their country. and want a better brighter future for themselves,