3. liz: so don't look, ralph. great to see you. happy new year to our good buddy, ralph acampora. [closing bell rings] ralph sees a new record for the dow, nasdaq and dow transports. it is time for "after the bell." see you tomorrow. >> we're kicking off 2018 on a high note here. 100 points on the dow. same on nasdaq. really good day. you thought 2017 was really good. it rolls on, inching closer on the dow. nasdaq as i said both closing, get this, david, at record new highs. i'm gerri willis. in for melissa francis. david: looks like you brought us into triple digits. you can talk your way into it. i'm david asman. so happy you can be here. this is "after the bell." before we move on, show you another shot of the nasdaq

closing there is achilles kids. this is great organization. we wanted to highlight that for you. gerri: nice story. david: first to our top stories. president donald trump, is back to work at the white house with a very full plate for the new year. the clock is ticking, to make progress with congress before they shift their focus to midterm elections. a look what the president focusing on coming up. great courage behind the protesters. u.n. ambassador, nikki haley and president praising those risking their lives and some losing their lives to rise up against tyranny in iran. more on the deadly up rising in

iran to come. former u.n. ambassador john bolton on what action must be taken to support the protesters. the deep freeze is hitting big portions of the country including the south, texas and florida, experiencing temperatures 10 to 30 degrees below average. what will it do to the southern crops? very latest details from the weather center and how long this will last. gerri: a lot going on. the dow ending the day in the green, led higher by shares of disney, general electric and chevron. speaking of energy, crude still above $60 a barrel. phil flynn watching action from the cme in chicago. but first to nicole petallides on the floor of the new york stock exchange. nicole, what a day, right? we're hearing talk about two possible megamergers. tell us what is going on. >> it is new year, happy new year to you and everyone at home of the dow is up 104 points, a lot of optimism on wall street as we begin this 2018 after a great 2017.

the best year for the three major averages since 2013. the dow was up 25%. so for today, you talked about disney. that was a real winner, because of "star wars." we had some records to note as well, including for the nasdaq. also the s&p 500 and the transportation index which hid an all-time high. we saw great numbers led by technology. a couple megamergers, citigroup talking about all the money apple will bring in and they could use the money to buy apple, repatriation, $220 billion, use a third of that to pick up netflix. they're saying that is one that is a possibility. that apple would bring more tv offings and the like. we moved on to another big deal, amazon and target. this is one of predictions by gene munster. he said that amazon could buy target this year that would be a

great collaboration. they would likely get regulatory approval for it. amazon bought whole foods last year. back to you. gerri: nicole, lots of speculation going on. thanks for breaking it down for us. oil sinking a little bit but still above the $60 a barrel level as many parts of the country gripped by record low temperatures that is. we have the protests in iran. despite today's dip, which one is the biggest driver of oil markets today? >> you know i think today it is more about the weather but this iranian situation it is not going to go away. i mean iran, it is the third biggest producer in opec and they have the potential if this thing spirals out of control to see more sanctions that could mean less oil on the global market at a time when global demand is really surging. two closes above $60 a barrel is a huge possibility for a breakout and we could move a lot higher. we had a big move on heating

fuel. natural gas up 8 cents. heating oil closed down a little bit on cold temperatures. we have it talk about gold. up eight sessions in a row. three-month high. gold is trying to be the new bitcoin right now. it is making a nice run to start the year. back to you. >> phil, thank you for that. david: more on iran coming up with john bolton in a moment. mapping out the 2018 white house agenda. president trump hoping to keep momentum going in the new year as lawmakers set to meet tomorrow on hefty 2018 agenda. our own adam shapiro is live at the white house with the very latest. hi, adam. reporter: hey, david. let's look at meeting on capitol hill and what it will be about. first from the administration. mick mulvaney from the office of management and budget and marc short, from the legislative affairs director, hard to say in the cold weather. they will meet with the big four, that would be speaker of the house paul ryan, republican leader in the senate, my --

mitch mcconnell, and minority leader of the democrats nancy pelosi from the house as well. they're talking how they get some kind of bipartisan agreement if possible, as the president wants to raise spending caps, responsibly raise them according to the president. make sure that the military is funded appropriately and keep the government running, they have to raise all of this for the continuing resolution which expires on january 19th. here is what sarah sanders said about that and the other issues they will discuss as part of the legislative agenda. >> a lot of the meetings that the president has this week with leadership will help determine what the best strategy is on each of those individual areas, but those are certainly welfare reform, infrastructure, responsible immigration reform and health care will all be top priorities for the administration this year. reporter: so the administration is already off and running. leadership meeting with members of the administration tomorrow. congress itself, by the way, the senate is back tomorrow. but the house of representatives, they're still on vacation.

they're to the back until next week. back to you. david: adam, your mother called. she said put that scarf on before you say another word, definitely before your next hit. thank you, adam. good to see you. gerri. gerri: we'll definitely take care of that. a new year and another rally on wall street so what's driving markets in 2018? here gnaw, gary kaltbaum, kaltbaum capital management and david dietze, point view wealth management president. gary, i will start with you, is it going to be another 25% gain for the dow and what will motivate these markets? i have to tell you i'm looking what went on last year. i have big questions about what we can expect? >> look, i have no idea where 2008 ends up. all i know -- 2018. you ever a sea of easy money, better earnings and accelerated economy not only here and around the globe. something that is happening that hasn't happened in a while, commodities are really starting to kick in gear indicating

economic growth which should be an indicator of stronger profits going forward. it is one day, but man, it is acting real strong in here. gerri: i like it too. david, to you, we talked a lot about the domestic agenda and what could fire stocks up. last year was tax reform. now that is the law of the land. i listened to sarah huckabee talked about what is top of the agenda this year. a lot of things i don't know will get a lot of action in the markets, welfare reform, infrastructure, immigration, what do you say? >> a strong infrastructure policy would be like manna from heaven for the markets. that is likelihood of coming through that would receive bipartisan support. for me 2018 will not be another 2017. as much as i like today, one day does not a year make. what you have to look for is inflation. the absence of inflation is keeping interest rates down. when all of sudden people wake up to the fact that there is a lot of inflation, katy hold the

doors. we're not seeing a lot of inflation now. gerri: gary, i was going to drive you on that very point, inflation, bonds, what should bond investors make of this? >> all i can tell you bonds continue to cooperate. interest rates on shortened, long end are very low. i will start worrying when the bonds actually start worrying, it hasn't happened yet. junk bonds are coming down. that is more of a overvaluation there. it has had a big run. i'm not sweating. on inflation front i'm seeing commodities spike at this point. we had eight, nine years, printing of 15, $20 trillion, 0% and negative rates. that should be inflation in the long run but so far so good. gerri: david, people watch the first five trading days of the year like a hawk thinking it will be a harbinger of what is to come. do you believe in that and do you take much from the fact we finished higher today? >> not really. that is it already in the markets. a lot of people have trouble

telling me, whether you include the first five days, say strong five days makes the year more likely to be positive. i think the fireworks ultimately will be in washington between mr. powell and mr. trump. will mr. powell ultimately raise those interest rates along with members of the federal reserve in a way that could break some inflation we're seeing? the euro advanced 12% against the dollar last year. that can't happen again this year. gerri: i'm looking at those stocks. i think they look really, really good today. gary, david. thanks for being with us. david: bitter cold is starting off the new year. brutal temperatures gripping most of the country and the worst is apparently yet to come. fox news meteorologist adam klotz is in the weather center with details. i'm looking at my iphone weather app. it tells me this weekend will be colder than this past weekend. >> as cold as it is, cold air is on the way. look at these numbers. this time of day we should see other peak, the warmest period of the day, a lot of spots below

freezing. several spots getting down into teens or single digits. negative 10 degrees in chicago. negative 5 degrees feels like temperature in minneapolis. everyone feeling very chilly. unfortunately not going away in the immediate future. wednesday's forecast has highs in some spots running down into single digits. why spread into below freezing range, 20s, teens. that cold air mass continues to shift. it is shifting more and more to the midwest and more and more into the mid-atlantic. look at that 14 degrees on friday. with all the cold air settling across the eastern half of the country with, very a low pressure system we have to pay attention. it will form off the coast of florida overnight tonight early tomorrow. it is cold enough to the south. that will spark up winter warnings, watches stretching from portions of northern florida into coastal georgia, running farther the north. we could see snow in north florida here tomorrow, running

into the overnight hours because of this civil. here is how that plays out. here is the future radar. pay attention to the time stamp up in the corner. from wednesday this moves up the coast, thursday into friday before eventually working into new york and boston. still a little bit of indecision how close this runs to the coast. the closer it runs more snow we see. farther away the less snow we see. knock on wood that it turns out to sea. bringing snow to portions of south georgia, savannah, running into the coast, by the time you get into maine, boston area, those are spots we could see six inches to 12 inches, in some cases, david, even more snow than that it will be cold no matter what. we'll look for a chance of snow as we head into the weekend. david: we're used to it in the northeast. north florida, that will hit the citrus crops bad. gerri? gerri: nowhere to run, nowhere to hide. government secrets may have fallen into foreign hands. a new report shows a basic

disregard for basic security at the hands of hillary clinton's top aide. could they have given international agents access to classified information. we'll speak to the reporter who broke the story. david: president trump threatens to cut off u.s. financial aid, 33 billion of it over the past 15 years. it is extraordinary amount of money. what happens now, how do we cut it off? gerri: wow. the president and his administration praising people of iran as they protest against their ruling dictators. former u.n. ambassador john bolton tells us what action must be taken now. >> we must not be silent. the people of iran are crying out for freedom. ♪

>> now the iranian dictatorship is trying to do what it always does, which is to say that the protests were designed by iran's enemies. we all know that is complete nonsense. the demonstrations are completely spontaneous. they are virtually in every city in iran. this is the precise picture of a long-oppressed people rising up against their dictators. david: this is really dramatic unrest we're seeing in iran. anti-government protests gripping the islamic republic with the world taking notice including president trump who tweeted out, quote, the people of iran are finally acting against a brutal and corrupt iranian regime. all the money that president obama so foolishly gave them went into terrorism and into their pockets. the people have little food, big inflation and no human rights. the u.s. is watching. here now is john bolton, former u.s. ambassador to the u.n. and fox news contributor. ambassador good to see you.

there was very interesting piece in mcclain's magazine, which is generally a liberal magazine, basically very supportive of what president trump is doing, surprised not many other people, particularly those of the left are rising to support the protesters. they think it's a revolution. the title of the piece, this is what revolution looks like. let me read to you from the article. if this thing is sustained over a period of time, and the government tries to clamp down but the numbers of protesters grow, i think at that point you've got a revolution on your hands. is that going too far, do you agree? >> i don't think it is going too far at all. i think there is a lot of opposition to the government in tehran. it comes from a lot of different directions. some is economic, not in the past couple, three years, because of dissatisfaction with the way the nuclear deal has played out but over decades. there have been demonstrations year after year, in city after city. just doesn't get reported much in the west. economic dissatisfaction is deep. the young people, 70% perhaps of

the country's population under 30. they know they don't have to live a theocratic life. there is ethnic conflict as well. only 50% of the iranian population is persian. the rest are other ethnic groups. all these vectors don't necessarily align perfectly but the level of opposition is there and this level caught the regime by surprise. david: we know in 2009 where president obama did environment allly nothing to support the protesters because he was working toward the iranian nuclear deal. this is even more of an up riding a national uprising than the 2009 demonstrations were, isn't it? >> yeah. i think the evidence is very clear. in 2009 people started, largely in tehran, were protesting fraud in the election, justify bly so. the issue was whether their candidates, the so-called green movement candidates should have won or whether ahmadinejad should have been reelected.

there was no question that the regime would stay in place. that is not what these demonstrators are saying. they're saying death to khamenei, the supreme leader. they're talking about getting out of the revolutionary guard imperialist operations in lebanon and syria and yemen and elsewhere. it really, it threatens the very foundations of the regime. i think that is one reason it is so shocking to the authorities. david: one of the demonstrations, the thoughting was, we don't want an islamic republic. that is really significant. it really does, as you say challenge the fundamental idea of what iran is. i'm just wondering if, by some miracle these protesters do end up somehow in charge, there would probably be a counterrevolution, would there not? there are a lot of -- as wonderful as these folks are, willing to put their life on the line for freedom, there are a lot of people that do support this regime, no? >> well, most important support comes from the islamic

revolutionary guards corp. they have the weapons and the militia are the ones that crushed the opposition in the summer 2009. david: they're the ones, by the way, that benefited most from the iran deal. they're lining their pockets now with part of that $100 billion that opened up after the iran deal, right? >> right. they control the nuclear and ballistic missile programs. if they maintain their will and discipline they could crush the discipline. if the revolutionary guards split i think regime would be in trouble. like a lot of autocratic regimes, but kicking like a rotten door in. david: it is exciting time, but it is deadly so we have to watch it carefully. meanwhile rising tension with an ally of ours, a strained ally at best. president trump lashing out at pakistan, prompting the u.s. ambassador in islamabad in emergency meeting responding to this tweet by our commander-in-chief trump. the united states has foolishly given pakistan more than $33 billion in aid over the last

15 years and they have given us nothing but lies and deceit, thinking of our leaders as fools. they give safe haven to the terrorists we hunt in afghanistan with little help. no more. ambassador bolton, 33.9, closer to 34 billion. we gave it to them after after 9/11 to help us with terrorism but a lot of terrorists are hiding out in pakistan. >> a foreign service officer i have a lot of respect, said about pakistan, it was only country he knew run simultaneously by arsonists and firefighters. he is exactly right. the problem with the pakistani support for terrorism goes right to the roots of the legitimacy of the pakistani government itself. and it poses a real dilemma for the united states because irksome and troublesome its behavior is, there is plenty to complain about, this is also a country with dozens, maybe as many as hundreds of nuclear

weapons. if its fragile civilian control collapses which is possible almost at any moment, and the real extremists take over in pakistan, you would have iran on steroids immediately with access to those nuclear weapons possibly be given to terrorists this is a hard problem. there is no doubt about it. david: hard problem but the president is playing heart ball here. we'll see how turns out. john bolton, happy new year. thank you for being here. >> happy new year, david. gerri: north korea -- south korea suggesting dialogue with its neighbor to the north ahead of the winter olympics. kim jong-un said he would be open to participation in the games by his country. u.n. ambassador nikki haley commenting on a possible meeting. >> i won't take the talks serious if they don't ban all nuclear weapons in north korea. we think this is reckless regime. we don't think we need a bandaid

and smile and take a picture. they need to stop nuclear weapons and need to stop it now. north korea can talk to anyone they want but the u.s. will not recognize it or acknowledge it until they agree to ban the nuclear weapons that they have. gerri: so while not opposed to dialogue, ambassador haley is maintaining a hard-line when it comes to the rogue regime. david: the plot is thickening over huma abedin's emails. how hillary clinton's top aide may have carelessly compromised classified information, allowing foreign agents to get their hands on our secrets. the fallout is next. after a year of accomplishments we'll look at the what the trump administration is focusing on next. >> we hope, let me be clear on behalf of the president. we want democratic support on measures. we wanted it on middle class tax cuts and improving availability and access and affordability on health care. cold medicine alone

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gerri: the story gets worse for former top hillary clinton aide huma abedin. bombshell report by "the daily caller" reading quote, listen to, abedin forwarded state password to yahoo! before it was hacked by foreign agents. here is the investigative reporter that protect the story for "the daily caller." what was the most alarming info you saw? luke, i got to tell you such a great job on this story. i mean what you exposed essentially was that the secretary of state's office was about as secure as an internet cafe. how did this get so out of hand? >> it started from day one. huma abedin started at the state department in 2009. they gave her a laptop, send her a email getting her set up, here are the passwords, et cetera. first thing she does forward it to her yahoo! email. started from the beginning. you got this freight new job, fancy, you go with the rules at beginning, maybe you get slop by

overtime. with them on day one like the rules didn't apply. they're learning exactly why they have these cybersecurity rules. this was really a worst-case scenario came through with yahoo! yahoo! was hacked. every single yahoo! account was hacked by foreign agents. a russian was indicted for hacking 500 million yahoo! accounts. they were going through them, using backup email addresses to figure out where people worked, trying to identify government officials, to read their emails. gerri: that is unbelievable. luke, you really get chapter and verse on this what i don't understand, the news is breaking about this, right? cnn is running stories about how, you know, yahoo! is compromised. and, you know, huma is still sending stuff out by email, why? that seems to me to be just, not just negligent but possibly criminal? >> yeah. i mean, yahoo! was just a laughingstock when it comes to cybersecurity. she might as well have been clicking random viagra ads.

it was so reckless. cnn publish as story saying yahoo! is hacked. five days later she is sending classified information about syria to her yahoo! email address. sending passwords in plain text. it is reckless. when the dnc gets hacked, they're so mad, they're talking about what an outrage it is but this is how hacks happen. gerri: right. >> so they're kind of losing the sympathy on that. if they want to put their own party data at risk with recklessness that's fine but this is national security stuff. gerri: right. >> there is real cognitive dissew dense here. democrats don't seem to care about hacking. >> that happens. people talk about both sides of their mouth. who was actually weighing in pretty heavily on this today? it is the president. here is what he tweeted. "crooked hillary" clinton top aide huma abedin is accused of disregarding basic security protocols. she put passwords into the hands of foreign agents.

remember sailors pictures on submarine? jailed. deep state justice department must finally act? will there be jail time or at least be an investigation? >> i think the investigation has been done and they really cleared her without reason. remember she told the fbi she didn't even know hillary had a private server when she was the one being consulted when the server needed maintenance and things like that. it doesn't really get that much clearer of making a false statement to the fbi but there was no charges there. trump is right. there is no shortage of examples. barely, so obvious doesn't need to be said. when you take classified information, you go to jail. look at lady reality winner, anti-trump person. she took a document in her underwear, going away for a long time. it is obvious. >> luke, thank you so much for breaking the story. appreciate your time. david: terrific story, well-done. orrin hatch will not seek re-election in 2018. the utah senator announcing he will retire at the end of this year. senator hatch is the longest

serving senate republican, having held the seat since 1977. his vacancy will open the door for long-time utah resident and 2012 presidential nominee mitt romney, who unlike senator hatch, has been a harsh critic of president trump. gerri: things could change. david: could make the trump agenda a little harder to get. gerri: that's right. deeper swamp than expected. details on a shocking report that shows government employees are getting much more than workers in the private sector. we'll talk to the author of the study coming up. david: plus a looming deadline for the fbi it turn over documents related to the anti-trump dossier. house judiciary committee member, chris stewart sounding off on what this delay is all about. of the damage and voila! voila! i wish my insurance company had that...

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>> we are going to drain, the swamp. david: turns out that swamp is a lot deeper than even president trump realized. wonderfully-detailed, extremely-distressing report on how much federal work remembers compensated. it was just published and has been getting tons of publicity, thank goodness. like this editorial in "investor's business daily" saying the beltway swamp is really a lot more like an ocean than a swamp. one example, it costs taxpayers a million dollars per minute to employ our federal government's bureaucrats. joining me author of the study. he is ceo and founder of open

the books.com. by the way, are the books open? did you have any trouble getting this information? >> well, david, we have fought to continue to open the books. the irs wasn't that cooperative. they have actually redacted all 77,000 employee names from their file. the consume every financial protection bureau, they gave us the names but redacted the salaries on $125 billion worth of pension payments. those pension payments for retired federal workers still are not disclosed. they're not part of the freedom of information act. we're working to change that florida congressman ron desantis. we have great legislation in there that the president should back. david: that is our money. we should know how it is spent. start with the salaries. there is one fact alone, a factoid that blew me away. 29,852 federal workers make more than 190,823 bucks a year. how many governors make that

much? zero. that is incredible. 30,000 federal employees make more than any governor in the united states. >> these employees are scattered all over the country. right now everybody watching the program can come to open the books.com. we vinter active map of everybody, all two million federal bureaucrats. we have them by zip code. you can see a piece of the swamp anywhere in the country. david: i went into the app. it works beautifully. talk about benefits, time off, we all struggle to get three, or four, some people are lucky enough to get four weeks off. the eight 1/2 weeks two the total number of paid days off for government workers. more than what they get in france. >> i hope the president leads on civil service reform. here is an easy way to save tax pay evers five billion dollars a year. instead of eight 1/2 weeks paid time off, cut it back to six weeks paid time off. that saves taxpayers $5 billion. david: i'm wondering, you know

the president, we talked about his agenda earlier in the show. it will be tough because it is such a narrow margin he has in the senate right in 2018 but the omb, can't individual members of the trump administration, like mick, the director of the omb, some other office just try to make at the very least make the public sector workers get the same salary as private sector workers doing the same thing? >> well, it is, look, there is 35,000 lawyers across all federal agencies. there are 3500, part of the spin machine, pr officers across the federal agencies. there is plenty of places to cut. one thing that drives taxpayers crazy is the $1.5 billion worth of bonuses that are given out each year. so all these agency heads and, trump, the president leading on this, can bring forth civil service reform this year. cimberly strassel, of

"the wall street journal" wrote a great column on thursday saying the president should lead on this. we've got data back it all up. david: when you're thinking about bonuses, think of lois lerner, remember the woman at the irs working to discriminate against conservatives, she was getting bonuses the whole time doing stuff not supposed to be done discriminating against a person for their political ideology, she was getting huge bonuses, even if they're doing a bad job they get a bonus. >> thousand she is out on retirement pension. two think tanks that pension were $50,000 a part on the estimate of her pension. we need to open the pension amounts to transparency. why the ron desantis bill is so important to bring the pension annuity payments subject to the freedom of information act. david: i don't usually do commercials on air to guess but your website does a terrific service to the taxpayer. openthebooks.com.

encourage everybody to look at the important work. appreciate you coming on. >> david, thank you very much for your interest in our work. david: absolutely, appreciate it. gerri: good stuff. well, california is now officially the first sanctuary state in the country. a new law taking effect prohibiting police from asking about immigration status and participating in most immigration enforcement activities. one prankster tacking up these signs on the official highway, reading, official sanctuary state, felons, illegals, ms-13 welcome. of course it is california. where else would it be. democrats need the votes. pretty funny. david: the signs look so real, a lot of people thought they were posted by the governor but they're not. very interesting. the trump agenda in the new year. president trump looking for a big win this month. what is most likely to get on the president's desk by the end of january? details coming up. ♪ ♪

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gerri: facing a hefty and high-stakes agenda in the new year, congressional leaders from boeing sides of political aisle set to meet with mick mulvaney and legislative leader marc short, as they plan to push forward a hefty 2018 agenda. so can they get it done? here now james freeman, fox news contributor. >> great to be here. gerri: january, is lots of big promises. like new year's resolutions for congress. what is on the agenda and what needs to get done? >> we hope some of these resolutions they don't meet we don't have a lot of good news from washington in terms of taxpayer-friendly, growth-friendly, tax reform. the trump deregulatory project has made a lot of progress this year. now we maybe get more dangerous territory for taxpayers and for growth.

more hostile parts of the trump growth agenda on trade and are coming to the if ore, that is spending bill which is always dangerous for taxpayers. >> we have a big deadline facing us, january 19th, is the deadline for passing a new spending bill. it was interesting to see republicans come together at the end of the year on tax reform. they need more than that for spending. they need democrats, right? how likely is it we make the deadline? >> i think it gets done. the question at what spending level? a lot of republicans feel like when they tried to go for reforms, when they have had these fights over funding the government and shut-downs, they feel like they always get blamed in the media, remember the fights they had with bill clinton or barack obama in 2011. i think, i personally would like to see them push reform and make democrats in the senate vote no. i, i think there is obviously a natural bias towards higher spending in washington.

gerri: everybody, republicans and democrats, generally the way it works. >> fun when it is not your money. gerri: it is our money, what we watch so closely on this show. mondays the house gets back to work, right? so how quickly can they work? can they get this done in eight days? >> yeah, i think they, the spending probably, i mean it may be short-term, or maybe they do a longer term, there is not, i don't sense a whole lot of appetite for sort of a shut-down drama here, which again, that may be not so good for taxpayers. they move on to other things that could result in more spending like infrastructure. i, i am hoping when it comes to trade and immigration, maybe there is, there are deals to be had there where the president, for example, can get his border wall and we can all get the benefit of more talented people coming into the country. gerri: we'll have a long way to go though. a lot going on out of washington over the next few days. james freeman, thanks for coming in. good to see you. >> you too, thanks, gerri, we

have this. a crucial deadline is approaching. new questions around the salacious anti-trump dossier and what information can be turned over to lawmakers tomorrow. chris stewart, a member of the house intel committee here to explain why they're taking so long to give us all information we all deserve to know. that is coming next.

david: time is running out, tomorrow is the deadline for the fbi and department of justice to turn over documents related to anti-trump dossier to the house intel committee. this is coming after months of delays. chairman devin nunez frustrated over the delay. he sent a letter to deputy ag,

rod rosenstein, saying that the fbi and doj seem to be investigating themselves. chris stewart is here. you're not supposed to be investigating yourselves. you can't do much good if they don't give you the documents you're subpoenaing. what happens if they don't give you all or just some of what you are looking for? >> this is important issue. we are the people's house. many times we feel like doj, fbi said others, look at those cute little congressman over there and fun little investigation. let's pat them on the head to give them a popsicle, send them on their way. that is completely unacceptable. do you think the department much justice or any organization is going to be responsible if the, if they won't be responsible to the congress? and if they're not responsible to the congress, if they're not responsible to the people's house, then why in the world are we any different than vladmir putin and the way he runs his government? very important. david: even then, we would be

different is, vladmir putin would not allow it to happen. the president of the united states, you can gnat president reluctance about his department of justice to give this, but why can't president trump provide pressure for organization that is under pressure from his administration to give what you guys want? >> i asked that question about 1000 times. if hillary clinton were the president i would know the answer to the question. i don't know it now. director wray has to be involved. at the end of the day it has to be couple things. president trump doesn't want to be perceived as interfering. number two, the i think the more troubling question we need to deal with right now, institutionalization of these, of these bureaucracies. david: right. >> they're not president trump's appointees in some cases. they're bureaucrats, they are career employees -- david: what a lot of people

justifiably call the deep state. they are people that have been there so long. they had an agenda against this man, donald trump becoming president of the united states. we know that now, at least from what we have seen so far, with the emails and the texts and so forth, that there were a group of people adamantly trying to prevent them from becoming president, even if the american people wanted him to become president. >> that is exactly right. look at fbi for example. they are generally apolitical. excellent employees, public servants. most of them are great men and women trying to serve their country. how is it in an apolitical organization such as that, you had director comey who was surrounded by political hacks? people with very liberal and very emotional ideologies? david: you can be emotional. you can have all those thoughts but to actually use the auspice of the fbi or the department of justice to try to prevent a person who has been elected president from becoming elected president, that's treasonous.

that goes against what this country stands for. >> that is exactly right. in my military experience i knew guys who agreed or disagreed with me on my politics but it wasn't part of our job. if you're in the fbi or if you're in the department of justice you can hold those views but it shouldn't be part of your job. it shouldn't be something that you're talking about with other members, other people you work with. david: right. >> saying this is unacceptable. how do we change the outcome? david: congressman, forgive me, i want to switch gears a little bit. we don't have much time, only about 30 seconds. we got news orrin hatch will not run for senator again, he may be replaced if the people so dictate by mitt romney who is not a good friend of donald trump as orrin hatch announced he was. that could complicate president trump's agenda going into 2018. >> it certainly does. i'm friend with both of these men, they are good men. i would say this, not to mr. romney, would say it to

anyone, come support us and support the president. much mitt romney agrees with him on vast majority of the policy mitt romney agrees with him. it is easy to criticize the president especially as republican. if you want to be on the news all the time, criticize the president as a republican. i think we have greater responsibility. that is how do we serve our country. how do we implement policies that help the american people. i hope whoever replaces mr. hatch is able to do that. david: congressman chris stewart. happy new year. thank you for being here. appreciate it. gerri: a little cold weather isn't going to stand between these americans and their new year's tradition. david: that is crazy. gerri: that is crazy.

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gerri: not letting a little arctic blast get in the way more than a thousand swimmers defying the bitter cold leaping into the ocean for the annual polar bear plunge. david: it's crazy when it's 50 degrees but the temperature

was about 15 degrees when the swimmers did this, of course there's no telling how many of those people were actually still high from the night before. gerri: or how many are still living. how many of those are still living i could not do that. david: risk & rewards starts right now. liz: a new year kicking off and so is president trump, ambitious new year agenda and a jam packed plate in congress. tonight we break down what's coming right out of the gate and today record closes for the s & p 500, the nasdac and russel 2000 the nasdac breaking 7,000 for the very first time. but the big risk to your money and 401 (k) is the risk that costs people a lot of money and it is hiding in plain sight, staring right at you we've got the big reveal coming up. also, new e-mails emerging showing