i took a special interest when you mentioned the president. he is going to be meeting with dr. siegel was talking about some florida teachers and helmets and stuff. students we believe on thursday, that kid is going straight to the nfl. is that right? i think it's thursday, at the bring him down to wall street. white house to sort of outline ashley: next week. an idea of plans but he is open charles: here he is the man to reining in some weapons we're himself, neil cavuto told in broad strokes here. that does not necessarily mean taking weapons off the street, but just being aware they might have been or could be part of an overall attempt to rein in this sort of violent behavior, at least to provide limited access to the type of weapons that cruz had. by the way in fort lauderdale, florida, here, reporters charles: here is neil cavuto. entering a courtroom where the neil: thank you, my friend. public defender representing his public defender is trying to nikolas cruz is going to outline seal some court records. why she wants certain records we're not sure which. no specific records have been sealed from the public. cited the state has not seen the some state records of the judge records this defender wants will be apprised of what those removed but judge will make a records are. they all have to agree with this call at 1:00 p.m. regardless. we might not necessarily find we'll take you to that, when out ourselves in this hearing or that event occurs. how successful that will be. meantime there is a lot of back we might get an update whether and forth over the failure of

cruz is already agreeing, we are the fbi to drop the ball on told, to plead guilty in this, some of the signs given exchange for escaping the death penalty where that is going. so much more happening after multiple occasions, how much this. trouble that could telegraph. the president said maybe the distraction of the russian probe got in the way of the fbi doing what it should be doing. is that fair? is that remotely right? let's go to former justice department official robert driscoll. that has come up quite a bit, robert, the fbi with the obsession to the russian investigation dates back to 2014 or at least the first hints of it, that that got in the way of its normal duties. is that true? >> no. i mean, i think that is kind of an unfair criticism because people are assigned to different tasks and people investigating public corruption wouldn't be the ones -- not like there would be more manpower responding to this complaint or this notice down in arkansas about the florida shooter if the russian

investigation didn't exist. trump himself would have wanted the same people working on russia working on the hillary investigation. i don't think that -- may be fair things to say, but distraction by russia is not one them. neil: regardless of our views about this president, this investigation, but the leader of our country questioning to the degree he has our intelligence agencies, that is fair game, especially after 9/11 where there were communications neil: to fort lauderdale where problems but he has taken to a much higher level. what are your thoughts on that? nikolas cruz arrived with his >> well, i'm a little concerned. i think i understand where he's public defender this is trying coming from in the sense that from a big picture, he is to grease the skids how this headline reader, he has very will be handled in court. she wants to make sure some good sense of the political world we live in. certain records are sealed. i think he views any discussion we think, we don't know for of russia or the russia sure, but the buzz seems to be investigation as a questioning that will go back to snapchat or assault on the legitimacy of video harming himself, cutting his election win and his his arms, making threatening presidency. i think he needs to be able to comments that should not be in the mix of documents that would

put that aside and look at the be presented here. separate issue whether or not again, i'm with arizona there were, you know, congressman andy biggs as we inappropriate russian attempts keep this shot on him. to kind of monkey with the congressman, do you think he political process here independent of -- i mean i agree i don't think any of this should have records in the past, affected the outcome of the that picked by public defender election and he is right to make that point but i think what is held admissible in court, how do happening his knee-jerk reaction you feel about that? >> well, if it is relevant to politically defend himself and legitimacy of his election which his mental state when he engaged was legitimate. he is our president and we in the horrific conduct i think should all want him to succeed it should be relevant to the because he is the president but issue. the fact that he is making i think that defense can't threats and what not, i think overwhelm his ability to look that is probably relevant, i and see there is another issue would say. here which is separate and neil: now much has been made of independent from that. neil: part of that is that they don't do it again. his in the -- mind set in months >> yes. neil: by your argument, they were trying to interfere in our process in the 2016 election they better not in 2018. and years before this took place. there was failure on variety of what happens now on that front? >> selfishly, he won. set establishment now. he is the person a foreign agencies at the police level, at government would be looking to the fbi level, what is the cure

for that? i thought after 9/11 we were destablize. he is the president of the much more astute about that, united states and if i were a then of course came the patriot member of congress, someone else running in 2018 i would be day bombings in boston where the concerned. fbi and other authorities on the i think that part of the justice federal level were investigating department indictment is sending the tsarnaev brothers but local the message that the fbi is on police had no idea? to this and you know, hopefully >> what we have here is apparently the fbi already that's, that's the public signal that hey, this is kind of things admitted that they didn't take we'll be looking for in the the tip seriously -- i don't future. i think that is the purpose of want to say they take the tip that indictment. serious by but they didn't those individuals aren't coming from russia anytime soon to face investigate the one tip they had fully so we need an trial. so i think the main point of investigation to find out why that didn't happen and those are that is put it out there. the processes that need to be cured because you're right, i we're on to you, we know it will happen and looking for similar think we see time and again things in the future. neil: you mentioned at the where there is information out outset, robert, nothing to there, there is one agency that indicate that this changed the knows about it. election outcome. and this goes all the way back others say it doesn't exactly even to the gabby gifford close the door on potential collusion. chris christie over the weekend shooting. neil: right. >> one knows about it but the was interviewed on abc says it others are not communicating and this is a real problem. neil: congressman, thank you for proves no collusion to this your indulgence in the breaking point. what do you think of that? news here, but we're told that the president does want to meet >> i don't -- certainly good with florida teachers and

news for the president but students, presuming at certainly doesn't prove no white house on thursday. collusion to this point. we don't know what else mueller among some things he talked has. he has been, if you look at the about being open to discussion, indictments that have been sent is, improving gun background up from the mueller grand juries checks. others have said, or simply everyone was a surprise. tightening the laws that exist no one was predicting manafort already for those, for those and gates would get indicted checks. how do you feel about that? when they were and no one was >> well the fix nix bill came predicting this indictment coming. so there could be more there. out of the house, wasn't in my certainly this indictment and opinion, it actually might have rod rosenstein was very clear, made it worse and didn't that he said this indictment facilitate communication. does not allege that there are that is really what needs to happen, is to instill any americans involved. communication between these this indictment doesn't allege agencies, mental health agencies that the outcome of the election and the law enforcement agencies was affected, but he didn't say that are issuing these licenses. they have no evidence of that or that special counsel isn't looking into that. so i mean it is certainly great we need to make sure those are news for the president. cleared up. sure, to the extent this is a i have no problem with the background checks that are in big deal there is no evidence in this indictment he was involved place but there are flaws in it. but that doesn't mean there obvious there are flaws in it. aren't going to be other aspects of this looked at carefully by we need to find out what those mueller or others. are and fix them. neil: do you think that a president crowing about this on i don't have a problem with this of all weekend was the that, and i think most of my right moment to do so? colleagues feel the same way. neil: do you feel the same way

>> you know, i'm kind of beyond as the president on the fbi botching or dropping this intelligence that had been trying to -- i think the conveyed to them by someone who obviously knew mr. cruz quite president has, takes all of this well, that he was a danger and stuff personally. neil: right. >> he views it from the prism threat and increasingly saying a how it affects him. lot of dangerous and threatening it certainly makes me cringe a things? yet that was not relayed and little bit, given what was going this was six weeks ago. the president said maybe the fbi on in florida and given other was so distracted on this russia things but on the other hand, he is is the guy, he is in charge. investigation. is there any way to compare what i kind of, i at least have some seemed like legal apples and understanding of where he's oranges or what do you think? coming from. >> well i'm not, you know, i'm because i think he feels under attack and he lashes out a bit not sure that is the case. i think that the fbi has plenty but i don't, personally, i don't of resources and is very capable think, there some of us, i don't agency. somebody missed something here. think many of us would have that and that is why the style coming back at it. investigation has to take place. i think it make us a lot of us neil: so you don't think it was cringe a little bit. distraction or lack of resources neil: he feels under attack, who heretofore went to the russian were people who were under far, investigation? because everyone i talked to far, far worse attack, right? >> you know, again looking it says that is ridiculous? >> yeah. i don't think that is, that is through the prism of one's self necessarily the case. rather than having a little bit neil: okay. more empathy which you might like to see from a leader in now, when it has come into records that you can or can not difficult circumstances but

we're at the point we all as allow in a court case against americans he just not that guy this court case, nikolas cruz, the question is going to be at this point. and you know, in terms of our moral outlook on life and other asked whether some one like this things. i mean look what is going on in my own life. i can't look to the president had access and -- he might have for that kind of thing. he is the leader of country and had a history of mental issues or even violent issues but we all want him to succeed in somehow never made it to his that role. records which a gun store owner i think he, i view it as unfortunate he kind of took the, would have access to before approving or denying a license took that tragedy and looked at for a gun or getting a gun. how it affected him and drew a do you believe there should be a connection to himself. but again, i, it is what it is. better standard by which we can it shouldn't surprise anybody. track those who even act neck i wish he, even if we wish he dote tally have -- anecdotally wouldn't. neil: i know of his frustration. i can certainly understand that. this past weekend was not the worried others? >> that is basically a star time to do that robert, always good seeing you. chamberresque thing. thank you very much, my friend. people misuse the system as it >> thank you. neil: there has been a call is already. because of the screw-up in part neil: so you fear this would go of fbi in dropping the ball on too far and not necessarily catch the criminal intent. this intelligence they got their >> exactly. i think it has the poe tense to hands on concerning nikolas cruz

six weeks ago, the governor of really get overly broad, florida says, maybe the fbi absolutely. neil: okay. director should resign right if you can just hang in there, congressman, i want to bring in now, no ifs, ands or buts. the attorney general of florida over the weekend telling me, not former fbi assistant director so fast. what do you think of that? >> well, neil, i mean you can't chris sweigert. you're watching fort lauderdale, even say dropping the ball, that is such an understatement. florida, broward county county courtroom, the assailant's chris wray has only been with the fbi five months at the helm. public defender is trying to argue about keeping certain you know some of these happened court records sealed that might prior. one did happen january when he was here but let's see what he be damaging to his case or unfairly biasing his case. does. if he does a full investigation and the people who had that anyone's guess what it could be. information and did not do anything with it, they are the a lot goes back to the snapchat ones that need to go. video where he is cutting himself and making a number of neil: so she held off necessarily saying the fbi threatening remarks. should that be something director should be the one to go right now but she did part included because a lot of other things are going to be? company with the florida >> when it comes to this kind of governor saying the director should go right now. threat and violence everything let's get the read on all of has to be on the table. this, how the president has been we give banks safe harbor when addressing this with presidential historian doug wead who remind me in recent decades they report suspicious banking transactions. presidents have served this nobody should afraid to report information because of hipaa or role, consolers-in-chief in

being sued or some privacy law. tragic times. i think that is something that i was mentioning, doug, very is not being discussed right now good to have you, the timing of is that whole aspects of fear on all this and the russia investigation and now the the part of people it actually indictment of these 13 russian entities and additional russian report activities and proactively follow up on it and companies, and interesting as take it to the police department that was, for the president to wherever it needs to go. obsess to the degree he did, took away at least with the neil: chris when you hear this florida tragedy, that that was a missed opportunity. back and forth and maybe the my eye, i'm not a presidential resources compromised because historian, you are, what do you think? the president says it was >> well i agree with you, it was focused on the russian ace -- a missed opportunity. investigation and real job of chasing down potential problem cases or potential mass killers like this was compromised, do he a whole new ballgame. you buy that. in fairness to trump, he has no >> no, i don't buy that. that is ludicrous. what you're talking about here is policy or strategy implemented after 9/11 to funnel all fbi tips into one place so they could supposedly connect hatchet man. eisenhower has nixon and and nixon had agnew. nobody is defending trump. the dots. he feels he has to do it under this scheme, everything on the tip line goes to the

himself. he was out there on the russian catacombs of west virginia, the thing that took away from the poignancy and the tragedy of criminal information justice florida. system and, it is a sterile neil: maybe a case given timing of all of this, they're both big stories, i don't minimize that, environment, in the sense h.r. mcmaster of the nsa assembly line call center type saying in munich that evidence of environment. that has nothing to do with the of russian interference in the russian investigation. not diverting any resources from anywhere. it is policy and practice we election was was need overhaul and revisit. incontrovertible, then president tweeting out later on correcting neil: you heard how the fbi drop the ball on this one, phone call the mcmaster. of the 5th of january, knew cruz very, very well, detailing you got this wrong how it didn't all problems that he had, sporadic rantings on social said. rod rosenstein said as much, media. harming animals. a threat to himself, a threat to indictment said as much, and others, increasingly crazing mcmaster said as much so what is the benefit of the adding actings and behavior, somehow that was communicated to the that? >> he is president of the united states. we elected him. we didn't elect mcmasters. we didn't elect tillerson or we and the fbi director himself came ot

and apologized for that. didn't elect john kelly talking the governor of florida has come out and said, you know, he about how he changed the opinion on the wall. should resign over that. i can see it being somewhat what do you think of that? >> well, as chris has admitted, frustrating for donald trump. the media thinks of this as a this is a colossal mistake on the part of the fbi, and i think little amateur boy who got it's a breakdown deep inside that call center. elected. neil: he is fully elected it's not something that would president. have raised up to chris wray's i don't know why we keep debating that. i guess what worries me a little level, but perhaps it should bit, why can't he say, all have sometime as he drinks from right, it is incon troh voteable the fire hose and gets used to being the director of the fbi. i doubt that he had turned his proof that the russians were attention to that just yet, but inserting themselves inserting it is something, it's public themselves in the election, interfacing. it needs to to be looked at, ant needs to be fixed. ginning rap list or one for there's no way to gloss this over, it's a huge mistake. hillary clinton and one for neil: congressman, there's been a move on the part of democrats donald trump. who say it's republicans' fault make sure it doesn't happen again in 2018, right? for resisting reining in the >> i think he would and he could if he had a hatchet man in number of guns that people are allowed to get. there. he doesn't have anybody who how do you feel about that and understands his game and will whether there is a middle ground of even democrats who might find speak up for him. neil: but it doesn't have to themselves also reluctant to be -- i respect you so much as

historian. take on hollywood when it comes this is just responding as a to violent video games and human being. whatever happened with the movies and that sort of thing, russians that didn't alter the that maybe there is a middle election that didn't alter of ground here that both, both fact that i won i want to make attack their sacred cows? >> well, i just think it's sure whatever the russians did unfortunate that you have then they don't do again and i scapegoating going on. as leader of this country and i mean, most americans still not going to allow it to happen believe in the second amendment right as a fundamental, inherent again but i have heard no constitutional right. criticism of russia. and the bottom line is, you no threat of acting tough on russia. so i think that as president he know, if you take a look at the texas shooting, you had an armed is almost giving an engraved invitation for that all to civilian who basically brought happen again courtesy of russia? that to a close. the steve scalise shooting and >> well, if you were in there or i were if there that is exactly the congressional shooting, you what we would be advising him to had armed capitol police. use better words if he chose it's not the guns, it's malevolent hearts, it's people them but as far as russia with evil intention that we affecting our elections, i mean really have to agree is where we if they wanted to elect trump they could have withheld the need to stop the breakdown. we need to prevent those people, $500,000 they gave to bill clinton to give a speech and that's where it's really you can watch on youtube for difficult because our system is free. there are some things that they basically one that we prosecute could have done differently. crimes after they've been and russia will always try to influence other elections. committed. we don't have the ability to are we kidding?

we try to influence other anticipate always and stop elections. we have influenced elections all crime. so we're in a very delicate over the world. situation. that is what ambassadors do. so i don't think the they have done it from the scapegoating really helps either beginning. side. neil: all right, congressman, the french ambassador wanted thank you very much. we appreciate it with all this jefferson and the british other breaking news. ambassador wanted adams. back to chris, former assistant that is not going to stop. you can't threaten other nations fbi director. saying you have to stay. chris -- >> thank you. the internet is open and free. neil: -- this is one of those rare occasions where the it will be pretty hard to pass perpetrator behind a mass any kind of laws to keep people attack, a mass shooting is alive from speaking up. we're a free society. and well and we can go ahead and neil: you can't, all these see the legal process unfold. people have been indicted from russia. as a former fbi guy, how do you not as if they're coming over to the country and subject want to see it unfold? >> well, this is one of those themselves to our questioning cases where there's no question right? >> exactly. neil: thank you very much, doug who did it, it's a question weighed on all the developments whether he was legally insane under the legal definition of here. when we come back here, speeds the president's tweet insanity. what i'd like to really come out storm on all of this, as he makes his way back to the of this is to learn everything white house later on today, what we can about this and update is really in store for him on some of the information that we have about these types of legislative action? we're learning from florida that shootings. there's a lot of opportunities he does want to move on some we see here -- things that can, both parties neil: all right. hang on to that, chris. could find common ground. that was the goal with it's just starting, and i do immigration as well. want to go back to you.

we'll detail what he has on tap after this. now this event has begun. it's absolute confidence in 30,000 precision parts. [inaudible conversations] >> are all of the attorneys present? >> [inaudible] your honor. [inaudible conversations] >> the defendant is also present? >> [inaudible] >> let me start off by saying that although i didn't consider any of these matters to be confidential, an order has been or it isn't. entered on friday by -- it's inspected by mercedes-benz factory-trained technicians. [inaudible] i have reviewed these materials or it isn't. it's backed by an unlimited mileage warranty, thoroughly, and they deal solely with the public defenders' or it isn't. for those who never settle, office having access to their it's either mercedes-benz certified pre-owned, own client's -- [inaudible] while in broward county jail. or it isn't. i don't believe that the -- the mercedes-benz certified pre-owned sales event.

now through february 28th. only at your authorized mercedes-benz dealer. [inaudible] kept confidential, and i am going to leave everything the are you reluctant to eat in public because of your denture? way it is with the caveat that try super poligrip® in the future, going forward, all matters in this case are not only does it hold for 12 hours going to be heard by this court. to reduce denture movement, it also helps provide better bite, and if there is a motion to keep seals out 74% more food particles, something confidential, the motion at the very least is and enhances your denture fit. going to be heard by this court in fact, 95% of super poligrip® users surveyed in the presence of all of the lawyers and the defendant. believe it makes them feel more confident eating in public. does anyone have any questions? >> judge, are you keeping those eat, speak, and smile with confidence. orders -- [inaudible] try super poligrip® today. >> an order -- [inaudible] again, i believe i made it clear on friday that i didn't feel it should be confidential -- [inaudible] but what's done is done. again, it deals solely with the public defenders' access, the defendant's access to their own client's person which -- [inaudible] i don't think the state would have had any objection or any standing to object.

[inaudible] because the issue is so very limited as far as i can tell, i'm going to leave it the way it is and just, again, i have a copy of the administrative order for each of you so that you know in the future the matters are going to be heard by this court -- [inaudible] >> judge, the only issue is that the state, pursuant to the case law as well as the rules, believes that whatever motions were filed by the defense should be accessible to both the state and to all parties. it is part of a court proceeding. i have found some case law that's directly on point that the defense is not entitled to conduct any type of discovery in secret. they did make a request which was granted in magistrate court to have access to their client for purposes of photographing him. the magistrate judge had no problem, but it is the state's position that whatever the court is in possession of in way of

motions should be unsealed. now, if you want the state to retail. under pressure like never before. file a written motion unsealing and its connected technology it, we can certainly do that, that's moving companies forward fast. but we are prepared today to argue why it should not be under e-commerce. real time inventory. virtual changing rooms. seal. that's why retailers rely on comcast business >> i don't disagree with you. to deliver consistent network speed across multiple locations. however, i just feel that because an order has already every corporate office, warehouse and store been issued by this court, meaning a judge in the 17th near or far covered. leaving every competitor, threat and challenge outmaneuvered. circuit, that -- and because, like i said, it deals -- it's a comcast business outmaneuver. very limited issue. i believe the defense was entitled to what they were ♪ show me the olympic winter games ♪ leaving every competitor, threat and challenge outmaneuvered. asking for, and this court has ♪ like i've never seen before. ♪ already ordered that the motions ♪ xfinity x1, yeah, i always know the scor♪. and the order be sealed. ♪ triple corks in 4k... lookin' so sick. ♪ i'm going to just leave it the ♪ stream live on every screen, every win, every trick. ♪ way it is. >> okay. we'll file the appropriate ♪ 2000 hours of coverage, get your mind blown. ♪ paperwork. >> thank you. did you want -- >> nothing at this time. 50 olympic channels, yup, you're in the zone. ♪ >> all right, thank you. ♪ and if there's something that you want to see, ♪ pick up that voice remote and just say "show me..." ♪ experience nbcuniversal's coverage of the

olympic winter games like never before with xfinity. >> your honor, would you be able proud partner of team usa. to prepare a written order to reflect -- >> sure. >> thank you. neil: do you think this resolves the issue or heightens it? because the president has never [inaudible conversations] discussed russians having any role in the election at all, here it seems like they might have? >> well the russians tried to meddle in the election. we know this through this indictment but the president's right. there was no collusion. neil: all right. that was from rnc chair ronna mcdaniel, saying that the president has in fact stated in the past there was russian role in the election but no neil: all right. continuing to watch this. collusion. i sourced and looked back, now nikolas cruz, his legs whether that was true. i couldn't find it. shackled, his arms shackled, but of course the president now pivoted to the notion that it being led out of that courtroom didn't change outcome of the right now. his public defender, of course, race which was echoed by rod had wanted to keep under seal certain documents here. rosenstein at the justice we're going to continue to see department. if she adds anything. it seems to be the gist of that let's continue to listen if we mueller indictment of 13 russian can, guys?

operatives and another 13 [inaudible conversations] russian companies. regardless how they're playing this at the white house what happens now, to blake burman at neil: all right. again, we're going to continue monitoring this here, but i want the white house. to get back with the former fbi reporter: president, white house, echoing what ronna assistant director, also on the mcdaniel told you the other phone with us is judge andrew today. they feel this indictment shows napolitano. judge, what happened here? there was no collusion what was decided here? whatsoever during the campaign >> well, you know, in the however the top democrat on the florida court system you have house intelligence committee different judges of different every time someone sneezes levels and apparently an administrative judge, a judge president trump rushes to say he who's in charge of procedure, is been vindicated. issued an order that -- and the there is typical back and forth between republicans and defense lawyers' opinion democrats. there was interesting back and forth as it related to the interfered with their ability to have access to their client. president and national security advisor h.r. mcmaster. and the prosecutor said they supported that order because mcmaster was at a conference they want to know whenever over the weekend, speaking about defense lawyers are meeting with their client. the indictment and he tried to well, they're not entitled to make the point that now the know that. the defense is entitled to take intelligence community is doing a better job at being able to pictures of him, and the defense point the finger. is entitled to have him examined listen here to mcmaster. by psychiatrists. >> as you can see with the fbi as chris just said a few minutes indictment, the evidence is now before this proceeding started, really incontrovertible and the issue in this case is not

who did it, the issue is whether available in the public domain. or not he is mentally competent reporter: however it does not to stand trial, whether he was appear if the president was satisfied with that he took that mentally competent at the time he did this and whether he's comment and took it in a mentally competent to perceive different direction, tweeting whatever punishment is out after the fact, quote, appropriate, whether it's life general mcmaster forgot the to in prison or whether it's the death penalty. and in order to address those say the results of the 2016 election were not impacted or issues, the defense lawyers have to spend time with him, and they changed. have to have forensic between russia and crocked h, psychiatrists with them as well. the dnc, and the dems. so that's pretty much what this dispute was about, how can they remember the cart at this dossier, uranium, speeches and get access to their client, does the state have to know about it. email and the podesta company. and, by the way, judge, who's the president's national the judge in this case, you or security advisor saying hey the other judge that interfered look, we're having a bert with our ability to get in understand how to point the there? finger and who to point it to. and she said is quite appropriately, i'm the judge, i'll hear all motions in this then you have president trump looking at bigger picture as he case, and you go see your client whenever you want. sees it. neil. neil: blake burman, thank you neil: so, judge, if the only issue seems to be right now his very, very much. former fbi assistant director of mental state at the time of those killings and maybe even intelligence is here. kevin the president is quick to prior, that's the only thing that could save him from the point out, indeed ross death penalty, right? >> you know, his lawyers --

rosenstein was when it was announced last week, that it that's a great question. didn't alter the outcome of the his lawyers floated the idea, which i thought was a terrible election but they didn't go so thing to do strategically but far the collusion issue was i've seen it before, we'll have fully resolved. him plead guilty and save you, chris christie had interpreted this, as no collusion to this the state, the anguish of a point. regardless who is right or wrong trial and the expense of a trial on this, are we missing the if you agree that you won't seek bigger picture here? what is your sense of what these the death penalty, to which the indictments mean and where this state -- in my view quite investigation could be going? properly -- responded, good >> yeah, i think, i think we are grief. if there ever was a death looking at missing the larger penalty-appropriate case, it's picture here. this. these indictments weren't meant we don't know his mental status to establish whether or not any more than you do, and it's far too early to address that. there was any coordination between the trump campaign and so the short answer to your question is they could the russians. this indictment simply grew out conceivably negotiate him out of the death penalty. of a counterintelligence the longer answer is if he is investigation started by the fbi competent and this is a trial, a couple years prior. it's hard to believe that he this was the investigation could escape the death penalty. largely that james comey was referring to in his testimony neil: chris wecker, former fbi before congress march 20th of 2017, and in which triggered assistant directer, much will be the deputy attorney general to create a special counsel, and made if he does go to trial instructedded robert mueller to about who knew what and when.

and, again, we're back to that subsume that investigation and january 5th phone call from take it through its natural someone, someone who knew cruz paces. there is two parts of that. very, very well, that he was, first of all mueller is required you know, falling apart fast and to look at, is there -- what is that he was a danger and that this person thought a significant danger. the extent of russian government and the fbi somehow -- at its interference in the presidential campaign? miami office level or -- it and secondarily were there any never got it. so how do you feel about that quote, links or coordination coming up in what could be, you between the trump campaign and the russian government? know, a pretty bizarre trial at this indictment doesn't serve to that? >> well, judge napolitano can answer those questions. it simply serves to demonstrate correct me on this, but this there were russians acting isn't a civil case where you inside of the united states and in russia to attempt to have the concept of intervening influence or, in the words of the indictment, sow discord negligence and that sort of inside the presidential thing or comparative negligence. campaign. i mean, ultimately, the question neil: that is what worries me is did he do it, was he legally criminally insane when he did it. the most, kevin. those are the two big issues as you point out, regardless there. we know he did it, so it really comes out the insanity defense. whether your views whether this was fair to donald trump or i don't think this is going to whether there was collusion or not, or that altered the come into play in an actual election results, certainly trial. so -- i mean, the real question is what can we learn from this turned out not to be case you and how can we fix it.

would think as president he would be very, very concerned neil: well put. since he is now president, since you know, judge, as you know, he is the establishment guy, the president on this whole that all of this could happen tragedy has said that if not for the distraction of the fbi with again? in fact most security experts say the russians are working on this russia investigation, this making it happen again in the next election and next election might not have happened or that after that. yet there was no eagerness, or resources were siphoned away. i'm paraphrasing here. any statements at least i missed what did you think of that one, at least from the president argument? to follow up on that, to do how likely could that be in your that? he now acknowledges the russians were in fact doing, something he eyes? >> let me say, first, that chris is quite correct. prior called a hoax. the issue of who knew what when so what do you want to hear out of him now regarding 2018, 2020, could conceivably come into play in a wrongful death lawsuit but and there not doing it again? not, not in this criminal >> there are two points there prosecution. i thought the president's what you just said. first of all if this remained an comments were political comments fbi investigation these indictments would have been sealed in the hopes that the intended to generate support russians would return for the from his base but, quite next cycle where they could be frankly, legally they are of no arrested, imprisoned, intelligence could be gathered from them, a deterrents message moment. chris knows this better than i would be sent. do, there's probably about that is not going to occur now. 8500-9000 fbi agents in the country. i don't know how many bob mueller has, but it can't be more than a few dozen.

in fairness to the special counsel, there is tremendous and i don't think any of them are working out of the miami political pressure and interest field office. surrounding this issue and so i really don't think that the judgment call was made higher value was announce the fact that fbi's eye with was on the these indictments were made. ball -- eye was on the ball of russia rather than on the ball so the president is looking at of properly addressing the fact that the russian legitimate complaints to the west virginia facility. government undeniably has launch neil: all right, gentlemen, i want to thank you both. ed a type of influence and i always feel for parents of those 17 who died. activity inside of the united looking at these developments today, whether any of that states that is frankly in its matters. their children are dead. we'll have more after this. infancy. what alarms me the most about what they were doing is, is not the fact that what they were doing so influence the election but what they were doing, they were leveraging the internet and social media platforms in a way successful people have one thing in common. that in the future will only get they read more. stronger. they will be able to do the how do they find the time? ... with audible. exact same activity without audible has the world's largest coming to the united states. selection of audiobooks. they will do it to a greater for just $14.95 a month... you get a credit extent. that is the sowing discord part. good for any audiobook ... and you can roll your credits neil: right. >> that is the part where we get to the next month if you don't use them. to we can't trust information audible members get free that we're receiving. no hassle exchanges ... and -- neil: by the way sowing discord and use the mobile app

to listen anytime, anywhere. even after the election. start a 30-day trial and the most eye-opening your first audiobook is free. listening, is the new reading. developments in indictment to me, kevin, you're the expert text audio22 there, all the discord they were to five hundred five hundred to start listening today. sowing after the election. ginning up rallies to get hillary clinton protesters going. simultaneously to get trump protesters going. to what end? >> fundamentally an assault on truth. fundamentally an assault on truth. neil: well-put. >> this is something about trust and something we'll have to educate the american people about. with the help frankly of social media platforms out there and about, need to step up to take responsibility for leveraging technology to help understand the source of some of this information. neil: fair enough. >> so that judgments can be made. neil: kevin, thank you very, very much, former fbi assistant director of intelligence. thinking of fbi, separate florida issue, what they might have missed, how that happened, we are going to see nikolas cruz

back in court in about 35 minutes. his lawyer, his public defender is trying to seal some record. we don't know what his records are. she wants his time there very, very brief. doesn't want him in courtney where near the length of time he was for his formal arraignment. we're trying to follow that, get a handle on exactly what it is she wants to make sure and her other public defender are not, are not included in the case against him. we'll have more after this. nah. not gonna happen.

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♪ ♪ neil: all right, get used to seeing nikolas cruz quite a bit. it's one of the rare times the perpetrator behind a mass shooting or mass killing period has survived, either because in most cases the killer kills himself or is killed by police on the scene. it's not the case here. let's go to kansas republican secretary of state chris coadvantage. you know, chris, this is going to be in people's faces for months if not longer. and i'm wondering what comes of it, because it's going to remind people again and again of all the indicators and clues that were missed. now, the president has been saying a lot of it has to do because the fbi was distracted

with a russia investigation that so sidelined it, that it was not able to look for danger signals or connect dots like this kid. what do you think? >> i think it's interesting, you know, over the next few months and perhaps even years we're going to be acquainted with all kinds of criminal procedural rules of the florida court system. because, as you say, we have the shooter alive, and he's going to be prosecuted. i do think you're right also that it's going to keep the subject in the public discussion that's it. i'm calling kohler about their walk-in bath. too. so in addition to the actual trial of cruz, we're also going my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. to have lots of discussion about the clues that the fbi missed. excellent! happy to help. huh? and to me, you also have the hold one moment please... [ finger snaps ] local authorities who responded to calls and encountered cruz, i hmm. the kohler walk-in bath features an extra-wide opening believe, 20 times. and, you know, what it says to and a low step-in at three inches, which is 25 to 60% lower me is, look, we as a society cannot rely on government to than some leading competitors. always get it right. in other words, we can't assume the bath fills and drains quickly, while the heated seat soothes your back, neck and shoulders. that law enforcement will always be able to put two and two kohler is an expert in bathing, together and stop these things

so you can count on a deep soaking experience. from happening -- neil: why can't they share that are you seeing this? information, right? this is not the first time we've the kohler walk-in bath comes with fully adjustable hydrotherapy jets gotten indications that the police were not able to share and our exclusive bubblemassage. that with the fbi or the fbi everything is installed in as little as a day with police. by a kohler-certified installer. the police, to defend themselves, say, well, that and it's made by kohler- america's leading plumbing brand. wouldn't be our job to tell the we need this bath. fbi about something like this. yes. yes you do. the back and forth is sounding a kohler walk-in bath provides independence with peace of mind. very familiar with the patriot day bombings in boston where the call and ask about saving $1000 on your walk-in bath, fbi was following the tsarnaev brothers, but apparently local or visit kohlerwalkinbath.com for more info. police didn't know,, the 9/11 fallout, institutions weren't talking to each other. the same thing goes back to the kennedy assassination and who knew what and when. neil: markets might be closed keeps happening, keeps but they are worried abroad about threatening language happening. what do you think? coming out of the president of >> i think the very nature, the the united states last week about possible trade tariffs very culture of law enforcement that could be expanded to steel agencies is to not speak and aluminum, beyond just what publicly about things. the normal protocols in most we've seen already, on things situations are that you keep like solar panels and washers things quiet, keep things out of korea, and china. secret. it is disturbing the way we have so how big is this getting? silos not even just between the adam shapiro in d.c. with more. local government9 and the federal government, but within hey, adam. the federal government itself reporter: neil, we're talking where it seems like one about billions of dollars and a bureaucracy is not talking to

potential trade war with some of our biggest trading partners another bureaucracy. like china. it's true they aren't legally let's get right into what the required to, but it's common commerce department is sense that they probably should recommending the president have, especially as we now, you should do, and the president will have to make his decision know, play tuesday morning by mid-april. quarterbacking, and we look at the commerce department is recommending in regards to this. neil: all right, kris kobach, aluminum production which almost collapsed in the united states a quota of up 86.7% on 2017 import thank you very much. i want to go to alex with roll call, capitol hill reporter there. levels. so drop the amount that alex, we're getting word right countries could export to the now that florida governor rick united states. slap a 7.7% tariff on all scott wants the fbi to release imports, or, a 23.6% tariff on all details regarding its failure to investigate this imports from countries from nikolas cruz tip. this was the one, i guess, that china, russia, hong kong, was of phoned in about suggestion, seven weeks ago venezuela and vietnam. they single out china this detailing a lot of concerns discussion. now with steel, it is pretty about cruz and how increasingly much the same thing. a quota of 63% of 2017 import bizarre and worrisome his behavior was getting. levels. now, of course, rick scott has 24% tariff on all steel imports been among those advocating the or 53% on imports from china, fbi director should resign over this but now pushing for all details regarding this big russia, 10 other countries. as you look at steel production here in the united states as failure. what do you think of that? well as aluminum smelting you >> i'm not sure -- hi, neil.

don't have to be a genius to thanks for having me. figure it our trading partners neil: i'm sorry, go ahead. >> no problem. will not take this sitting down. not sure if a public release is china says if the united states final decision affects china's totally necessary right here, but i think internally, yeah, interests we will take necessary the governor should probably know what went wrong under his measures to defend our rights. even republican senators on watch within his state within capitol hill who met with the president last week, are urging the miami office or whatever of the fbi. caution. so i think something does have >> i think we do need to be careful here that we don't start to be done here in order to figure out what went wrong, and a reciprocal battle on tariffs. i do think that governor scotts has every right to try and >> trade abuse, address those, figure out what that is out. attack those, trying to figure neil: i'm also bond oringing, out how to address this massive alex -- wondering, alex, when oversupply in the steel the killer survives as, you industry, but do it very carefully. know, this one has and there is >> we have to be careful because we don't want to increase costs the thought of a trial, one that could go months or years, then of consumers of all steel the question becomes who knew products that go into our what and when, the records manufacturing. reporter: neil, the president become available of these 39 has until mid-april to make the police visits to cruz's home decision whether to accept the recommendations or reject them. over the course of the last few back to you. years and why wasn't that neil: thank you, my friend, very, very much. telegraphed to someone. could the president ignore that so whole institutions are held up to scrutiny here. advice, going other way and dooming market comeback we've this could get to be a mess, right? seen after the big falloff, >> it definitely could get to be maybe offsetting the clear gains a mess, and if it isn't already

we're seeing from the tax cuts there. i think you brick up a good -- bring up a good point that it's and other matters? unique that the killer is alive we have joe fahmy, charlie in this situation, and we're seeing footage of him which is gasparino and independent rare in these kinds of shootings women's forum hadley heath manning. that seemed like almost from previous years. universal condemnation what so i think there is a whole mess foreigners might be doing, the and a whole lot of different places to look to try and figure chinese when it comes to some of out how this could have been these other areas but also prevented. neil: you know, alex, any concern about going too far, thoughts on what and who will advice the president reportedly ignored. come to this meeting at the what do you think of that? >> i believe in free trade. white house involving teachers it is good for prosperity, for and students the president wants to organize at the same time the people across the world. president has called for on the other hand we recognize improving gun background our national government has certain tools at their disposal checks -- not necessarily the sale of guns, but what do you to insure american workers and make of where this is going on american consumers are treated fairly in a global economy the federal level? >> right. i think at this meeting it would that's what we have today, like it or not. so the bottom line for our be interesting to see if the florida senators are invited. economy, yes i think the stock i think that would only make market will recover from some of the volatility. sense. but then what about chris the stock market as i said before is not everything in our murphy? he's been someone who's been on economy. we're continuing to post good the forefront trying to push for jobs numbers and good wage tighter gun legislation since growth and consumer confidence sandy hook. is high. so will he get the the invite, so as long as those basic especially now that he's teaming

economic indicators remain up with john cornyn on a bull strong and people are who's always been a trump celebrating, enjoying more of supporter and an ally in the their hard-earned money in the capitol for him. form of tax cuts then i believe so i think there is maybe a good the economy will ultimately chance that murphy might be able to be in the room which would be an interesting precedent to set. weather it and be in good shape. neil: joe, do you worry about neil: some have said there is unexpected development like middle ground room here for some growing trade war or offsets republicans to consider reining what we've been seeing out of in the sale of particular taxes is. >> that could be a hiccup. weapons to particular market took off a lost optimism individuals, and democrats should be open to addressing and people want to know what their hollywood friends and the caused the correction. i think too much optimism propensity of violent games and combined with volatility trade movies. we're told that several of the that needed to be unwound. a lot of fund were short instances where police came to volatility and when volatility cruz house involved family with spiked -- neil: what spiked volatility was his mother who was alive at the essentially good news, right? time over taking his xbox away, >> true. last year without a 3% that he was hooked on violent correction that is actually the games. there might be middle ground for anomaly. that is not normal. where we have 10 or 15% both parties to cede into their intrayear correction. sacred cows and fundraisers, this volatility came in will be what do you think? actually more the norm going >> yeah, i do think both forward. neil: i'm just worried, charlie, parties -- look, democrats have been trying to get something the president himself is the guy done for so many years, i think that will undo his own great

they're going to have to come to news. >> there are two sort of middle ground or else they'll interesting scenarios here. end up looking like the bad the fact that you have republicans, i always tell this guys. like you said, hollywood has when i have arguments with people on this network about been put outspoken in terms of blaming the rust belt on nafta pushing for stricter gun laws, and free trade. and i think them account -- i these are republicans from think democrats could use those states that have manufacturing people in this situation to get in them. backing and, you know, money for roy blunt from missouri, portman these kinds of ads and campaigns was there, a few others, saying they've been doing in the past, but perhaps teaming up with if mr. president, you get republicans now to actually maybe get something done. protectionist, to protect u.s. neil: fair enough. industry you're trying to alex, good seeing you. protect it will hurt them more thank you. >> you too, neil. than help them. ing thank you. neil: this whole event today, remember that they have a vested interest in keeping industries this whole courthouse appearance by the shooter had to do with there. they're telling the president don't go the protectionist trying to seal certain government records. we're told that among those that route. the other thing i disagree. his public defender wanted i disagree with the notion that the stock market doesn't mean sealed was this snapchat much because it does. it signals fears in the market conversation some months back, and there are certain fears in actually more than a year back, in which he was inflicting harm this market. number one that the tax cuts on himself, cutting his arms and saying some other things that don't pay for themselves and were, to put it mildly, deficits balloon and we get worrisome. higher interest rates. so whose responsibility would that be? would that be not only federal you saw that in the market

shake-up, exacerbated by the authorities, local authorities, volatility trade. but maybe snapchat? the volatility trade was there maybe social media itself? already. this is what essentially i think that role, that part of this sparked it. horrific equation after this. one of the things i think one of the other existential threats to the market if tax cuts don't work and we have a trade war. it is never good for our economy. it is just not. neil: hadley, one of his arguments doing and saying and threatening what he has been saying and threatening you don't have to do it to get what you want. in history we have learned things can get out of control, right? >> that's right. when the president talks that is worth a lot. you say the pen is mightier than the sword. twitter and words of the president weigh heavily on the mind of foreign leaders. even at home they certainly influence our markets and especially our stock market. i want to underscore something charlie said, deficits. i believe president trump is at greater risk of undoing his legacy by continue to let government spending run rampant and out of control. that is long-term threat to our

prosperity every bit as much as a trade war, maybe more so when deficits run high that is an enemy to prosperity. we have to address government spending. >> why is that? >> why is that? we've seen it -- >> much higher interest rates more than just the 10-year spiking. i think that is what the market was saying. we had a budget deal -- you pointed this out, when the markets were going crazy they reached a budget deal that added 300 billion to the deficit. it was worry on top after worry, on top of a worry. neil: a rounding error. >> if gdp spinet spike -- doesn't spike 3% soon people will worry about much higher interest rates. >> especially the velocity -- neil: seems to be a matter of days. >> i know david says when it gets to 4 wake me up. neil: when we get over 3we have a big hit. >> you get a little competition.

market can rise with rises interest rates but -- neil: 3% backed by full, faith and credit with uncle sam is still paltry. >> market is discounting mechanism with respect to the tax cuts to add 10 to $15 to the s&p earnings. to charlie's point -- neil: is the market rich at half comeback levels? >> fairly valued at this level. fairly valued historical average, depends what estimates you use. 140, 145. neil: thank you very much. we're following news developments in florida where nikolas cruz will be back in court. his lawyer, a public defender is apparently trying to remove certain records being shown the light of day, included in the court case against him. a case we're told, and a crime said he is willing to plead guilty to as long as he can avoid the death penalty here. we do not know what record this lawyer wants expunged from this case. just that she is going to iron

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that was obvious. plus it looks cooler. no doubt about it. now they know what to get me. (laughs) neil: all right, so much we still don't know about nikolas cruz, but he was no stranger on social media whether you go back to the fall of 2016 when apparently a guy by the same name was saying i'm going to be a professional school shooter. that was on a youtube posting. and, of course, the one that's getting a lot of attention and might have been the source of this court hearing today on snapchat back in december 2016 where he was seen cutting himself and his arms on the site and then talking about wanting to buy a gun. so the social media bears some responsibility for at least telegraphing this to authorities or at least sharing this information, or such site users sharing that information with others. maybe they did. to a tech analyst, tara, what do

you think? >> i think what we're seeing is a lot of nefarious activity occurring on these platforms, everything from the florida shooting case, terrorist propaganda, and i think you're going to see pressure build on these technology companies not just to turn over information when it's requested by authorities, not just for users to report this and act upon it, but for them to really ramp up their security resources in terms of dollars, people and technology and to take a more proactive role in stopping some of the behavior that's occurring and that's violating their terms of service. neil: a lot of people turn that around, say be careful what you wish for because then the companies go back to their users and say, you know, we might be essentially spying on you. >> yeah. i mean, nothing terrifies people more, i think, than the idea of facebook policing their posts or, you know, acting as a police force to intervene when they see something that may be questionable or might violate -- may not exactly violate the terms of service but may come close. so i think you're seeing really

the tension between free speech and privacy and protecting the people of america, you know, on full display here with social media companies and these violent acts that happened last week. neil: the question becomes should it become part of the mix you gather on someone, you know, charged with a crime -- in this case he's, you know, essentially admitted to it -- that include musings on the internet and social media, threats, even pictures harming himself or worse? where do you draw the line? >> well, particularly if it's already charges being brought, when you sign up for these platforms, these are private companies, and there are terms of service. when you sign up to use these platforms, you're agreeing to abide by certain terms of service, and in all fairness, you're also giving up some of your right to privacy if law enforcement has a valid reason or a warrant. just like in the real world if they're searching your home while doing an investigation, same rules apply. we're seeing this in terms of the real world online with

campaign election laws. same laws that apply in the real world are now trying to be applied by congress to on line. the internet, these platforms cannot be sort of free rein for everyone to do whatever they want. the real world laws need to start applying online, and i neil: taking you to the think you're starting to see courtroom in fort lauderdale, between congressional pressure, florida, we're waiting to hear pressure out of the e.u., from the public defender. pressure from the public and she will be with nikolas cruz, outrage and also private sector companies, advertising companies perpetrator behind last week's themselves are getting fed up with putting, you know, attacks that killed 17 and wounded more than a dozen. unilever's ceo very upset about now we're told that the public defender is efforting to try to this, procter & gamble -- seal some records. neil: right. we're not sure what the records >> -- johnon and johnson -- johnson & johnson pulling ads are and so one will necessarily because they don't want baby detail them in this event. there has been some chatter products running in front of among some it could be the jihadist videos or on platforms snapchat video that shows some that russia bots are running time back cruz cutting himself undermining democracy. neil: shane that, is there also and warning of needing a gun but just the danger -- people are always told if you see we don't know for sure and we something, say something. if you see something online or a don't know what will be admissible versus what is not kid cutting his arms or making threats and they do tell admissible. again as soon as that happens we'll bring you to the authorities and the authorities

indicate, certainly the fbi back courthouse. again the public defender wants on january 5th dropped the ball to keep this very short and sweet. we'll see how that goes. for whatever reason, they sort of shrug their shoulders and say, what the heck? meanwhile a lot has been >> i think it makes people called into question about how many signals were missed about wonder if, you know, if their cruz's behavior, about his voices are being heard in these propensity for violence or situations, and for good reason certainly harm or threatening here. but listen, you know, for everyone like january 5th that harm, cruelty to animal. was overlooked there are, you let's go to behavioral know, thousands, hundreds of thousands that have been followed up by the authorities. psychologist gina loudon where i think what's interesting here much has been focused on his and what's going in a connection mental state. between the social media your view we're looking school companies and law enforcement or users of social media companies and law enforcement, you know, where is the direct line or how shootings through false prism, do i easily take action to relating it back to mental connect, contact law enforcement illness per se. agencies rather than just explain what you mean. flagging a piece of content that >> i think that we have to then goes to a variety of viewers on facebook? really be careful trying to come neil: guys, i want to thank you up with solutions that may not both for this. we're monitoring this. be actually effective. there will be maybe a follow-up we have to look at what actually meeting that will not involve works. the problem with directing a mr. cruz going himself, but one whole bunch of fund all of involving lawyers. sudden right now to mental that's coming up later on today. i think talking about the health as if that is going to fix the problem, that can be a semantics of the details of if

little bit, a little bit scary this ever were to go to trial, and could actually eggs for example, what the next legal step is. he has, again, admitted to the exacerbate the problem, neil. crimes, but the issue of the president, for example in his listening session he is pleading guilty, i'm told, is a getting ready to conduct with very different legal step and these children, letting these might involve, first of all, an assurance on the part of his children feel heard by people, lawyers that he will not be that can have an effect on executed. we'll have more after this. future of shootings in america that is very effective and great first step to help these kid and give them a place to kind of direct their energy. neil: all right, you're the psychologist so i will pick your brain here what we should do when we hear of troubled students or those ostracized or you may be at increased risk for pneumococcal pneumonia, those who have a pattern of behavior in this case seemed to that can take you out of the game for weeks, pop up again and again and again even if you're healthy. and be noted as worrisome. now that wasn't properly pneumococcal pneumonia is a potentially serious communicated i guess among bacterial lung disease agencies. that is a battle and debate for that in severe cases can lead to hospitalization. a separate day but what would it may hit quickly, without warning, you do with that? is it your fear you can go causing you to miss out on the things you enjoy most. overboard with that? that you can paint a scarlet letter on those simply because prevnar 13® is not a treatment for pneumococcal pneumonia... they have taken, you know,

it's a vaccine you can get to help protect against it. medication for hyperactivity disorders or depression or prevnar 13® is approved for adults to help prevent anything like that? infections from 13 strains of the bacteria that cause >> no, that is a great point, neil, and something that is pneumococcal pneumonia. really important. you should not receive prevnar 13® if you have had if you look at the dsmv, the a severe allergic reaction to the vaccine or its ingredients. if you have a weakened immune system, you may have a lower response to the vaccine. diagnostic and statistics manuel the most common side effects were pain, people use to diagnose people, redness and swelling at the injection site, you can diagnose 70% of the limited arm movement, fatigue, headache, american population with mental muscle pain, joint pain, less appetite, vomiting, issue. after all the horrible things fever, chills, and rash. we've seen go down with our help protect yourself against pneumococcal pneumonia. government agencies of late, which government agency, neil, ask your doctor or pharmacist about prevnar 13®. do you want auditing your mental health records and that of your children? if for example, someone was on antidepressant once, maybe they were in a bad marriage, that woman who is maybe a single mom going never have access to a firearm to protect herself and her family from that abuser? we have to really carefully consider what works. while the assault weapons ban sound like a great idea. we tried it before. after it ended in 2004, the

department of justice said they reviewed it and actually it had zero effect. so we want to do what works. we want to remember a killer is going to kill. for example, we have, you remember, i mean we had the truck bombing. we've had handgun killings. there was a stabbing in china killed more people were killed in this school. and so i think we just have to think about what works. i think the idea of funding military marshals, retire military in schools is ah.

but i'm not standing still... and with godaddy, i've made my ideas real. ♪ i made my own way, now it's time to make yours. ♪ everything is working, just like it should ♪ neil: all right, these developments, of course, we're following with another follow-up hearing again later on that will not involve nikolas cruz, but will be about what they do now. keep in mind, this is one of those rare times where the perpetrator of the crime, a mass shooting, is alive and well. this is not just going to sort of fade away here. it's going to be front and center. in the meantime, on a today otherwise the markets are closed -- and, of course, that could explain why we've not seen much movement of the dow -- the fact is they have made up a lot of ground, in fact, more than half the ground in that six-day

selloff. europe's followed the same comeback trail, as has asia, but interest rates are backing up, and that is raising some concerns for real estate, for housing in general that, you know, loans are getting more pricey now. the national association of home builders' ceo, jerry howard, back with us. jerry, you know, perspective is everything. maybe you and i can remember a time where rates were certainly prohibitively higher, but for a lot of folks who don't remember that and even those who do, this sort of breaks sort of a ten-year complacency, doesn't it? >> it does. rates are going up, but it's interesting, neil, or they're going up in large part because the economy's growing. there's a little bit of a factor, i think, worry about the federal deficit. but the economy's growing, and i think that's what's forcing interest rates up which is making us sort of look at it and say we're not exactly sure how we should be reacting yet. we're not overly concerned. we're keeping our eye on it though. neil: you know one thing that was interesting to me is how

many, you know, markets have come back from, you know, the housing meltdown. and then some actually heated up all over again, places in florida, you know, out in silicon valley, what have you. are we in danger of seeing some of those overheated markets that got -- to some people, overheated again -- in danger of meting? >> we're not so worried about that happening, neil, as we are about housing affordability on the whole. and that's really driven not so much by interest rates at this point, but more by the combination of labor shortage, of increased costs of building materials and also the simple fact of regulations that were placed on the construction process throughout the past eight years. those three factors are really impacting markets more than anything else right now. neil: so you don't see it -- you and i have discussed this before, but you don't see anything like what happened last time where what began as sort of some hot markets and then

extended to, you know, any housing market, the mortgage-backed derivative nightmare and boom, boom, boom, and all of a sudden it was a mass housing meltdown. you don't see that happening. >> no, i think if we get interest rates north of 6% sometimes between now and the end of next year and we don't see some correction in the labor markets, in the regulatory burden, then i think you could see the potential for a housing recession. but it would be caused by a lack of supply, not by the lax underwriting standards of the past. neil: all right. so you don't see -- a lot of people have made a big deal of they are getting lax again, not across the board but in some markets where it's not exactly what it was in the height of the housing boom where if you just had a pulse, you got a mortgage, but close. what do you think? >> no, i don't agree with that. i think particularly for that component of the market that drives housing, the first-time home buyers, that you still have probably a little bit too tough lending standards. i don't see any of the easing up that you're referring to --

neil: no, i hope you're right about that. too tough isn't enough sometimes, you don't want to be cruel, but you don't want to go crazy. 9 let me ask you about what wins out here. obviously, you talk about the improving economy that is leading to these higher rates. the tax cut certainly a big help there. what if the rates get too high? in other words, this is a battle royale, right? the more the economy improves, the higher the rates go, the more they could potentially offset the benefits of the tax cuts. where do you stand on this? >> i agree with you, and if we get north of 6% for a mortgage rate, i think you're going to start getting concerned -- neil: we're north of 4.5 now. >> that's correct. and we expect maybe another five fed rate hikes over the course of this year and next year. we expect it'll end up still south of 6, maybe about 5.5, and we think the market can take that. north of 6% with some of these

other pressures on us, then i think you're running a real risk. neil: thank you very much. good seeing you again, jerry howard, national association of home builders' ceo. our market's closed today because of the holiday, but most other foreign markets are open, and they're all doing okay. most have retraced about half the ground lost, just like our markets have, since the big selloff. the volatility, though, has returned. most of those markets have had 2% or better swings almost every single day. we'll have more after this.

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♪ ♪ neil: all right, we have gotten the earliest sign yet in light of this mass killing last week that the president is open to tighter background checks, that congress might be willing to meet him in the middle on some of this. now, when we talked to south carolina senator tim scott over

the weekend, he just urged that neither side politicize this. what do you think of what your democratic colleague from connecticut was saying, elections would have consequences and maybe change the makeup here in the senate, get democrats who would support legislative changes, gun control, that sort of thing? >> neil, you said a little extreme? [laughter] that is incredibly extreme. and unfortunately, it is politicizing and capitalizing on a heinous crime. we ought not find ways to win elections off terrible tragedies in this country. we should find ways to solve the problem and prevent these tragedies. neil: all right. we'll see where that goes. new york city counsel minority whip republican joe borelli, campus reform.org -- [inaudible] slightly to the left of center commentator, danielle mcloughlin. i don't like to say conservative

or liberal. i think that's a little much. all right. end with you, begin with you. the idea that hope springs eternal, the president's going to meet -- i think on thursday -- with students, teachers from florida. we don't know which ones, or -- wednesday, i apologize. and that, you know, congress is interested in hearing him out. where's this going? >> i'd love to say we could find a way to find common sense reform. maybe this is the time. we have young people with passion in their voices who have seen their friends get shot in front of their faces on television and social media making very strong pleas, so i think maybe we may see change here because i think the back side of ignoring these children would be political suicide. neil: you were saying during the break it's social media itself. >> yeah. i think we've seen a lot of these students come out, and it's a sign of the times where they're able to get their outrage out there to the point where politicians can no longer do nothing. i think many of them are feeling

the pressure to come out and say they're willing to come to the table. we saw this after vegas. president trump said we're going to get down to banning bump stocks. nothing's happened since then. is it going to be similar or is it going to be something where there's actual change. and i also think it's important to remember for americans after horrible events like this, people want something to unite against. in this case it's been guns. i think a lot of people are going to start to realize there's a need to unite against the problem that happened at this local fbi office. he was called into the office 20 times, and it seems like he slipped through the crack. i think people can recognize that as a problem in need of fixing to prevent this kind of thing in the future. neil: what do we do with this, how do we move forward, and i always believe on both parties' part, republicans believe, oh, you want to keep the guns out, and democrats you won't do anything about violent video games and movies, and we know that this shooter was very big on some pretty violent xbox

games, in fact, a couple of times his stepmother called the police because of his rage when the games got taken away. can both sides step back from their own, you know, stubborn positions to find middle ground? >> well, if history is our guide, then unfortunately the answer is probably no. if major gun legislation didn't happen in the wake of newton when barack obama was our -- newtown when barack obama was our president, i don't see a change coming now. that said, here you have a killer who checked every single box of being someone that probably shouldn't have had a firearm. the people around him made the responsible decision to reach out to those in charge. if this is a person who can get guns, i would be happy as a conservative -- i used to have an a rating by the nra, still, i'm happy to tell anyone this is a person we should defined -- find a way to restrict their firearms. neil: the privacy advocates say

be careful what you wish for because every time you or your child visit a there for psychological help or medications, then be careful. >> no, absolutely. with every right, though, there's a countervailing public safety concern. here this was an ar-15. he was 18, and under florida law, he could get one. he couldn't get a handgun until he was 21. we should be thinking collectively, i think, about high capacity magazines. we had an assault ban, an assault rifle ban for ten years -- >> and that's when columbine happened, unfortunately, even under those circumstances. >> i'm a mother, you're a parent with another one on the way. these children are moving us and stirring us. we have to think about -- and i think politicians need to be cognizant of the idea -- what is the -- neil: but some of those kids are upset. you talk about the ones that post on social media, they've been told that if you see something, say something. and they have or colleagues have or people who knew this kiddied,

and they feel it was -- kid did, and they feel it was dropped so we let them down. >> i think as conservatives, as gun supporters, people need to do more to advocate for the second amendment not just on the side of we don't care people are getting killed, but i'm on campus all the time talking to students about this. i had a video a couple months ago, students told me they wanted to repeal the second amendment after a shooting, and i think it shows students don't have a natural appreciation for the second amendment, and so i think there's a messaging problem that in the future moving forward a lot of young people these days, they view guns only as killing machines. and that's something that supporters of the second amendment are going to have to win the messaging battle or it's not going to go well in the future. >> i talked to high school students three months ago, they said the same thing, why couldn't we just peel the second amendment. i think we should have a frank discussion about other constitutional rights that people care a little bit less

about. where is the money and where is the political advocacy around the third amendment? we have limits on right, we have perjury laws, we have slander or laws -- >> i think the difference is, though, people who support the second amendment are afraid of having some sort of overarching, collective punishment where everyone who is availing themselves of this constitutional right -- which is no different than the right to free speech or search and seizures, they don't want to see a collective punishment on everyone because some people fundamentally should not have firearms like nikolas cruz. neil: but then how far do we go? anecdotally, the stories were out there on social media and elsewhere that, you know, nikolas cruz had problems. but because they were conveyed in an official sense to an institution that could stamp it in a file and let a gun shop owner know that this person had a record of mental issues, he got approved for that gun. and so acquiring it legally and everything else. are you comfortable with this

sort of thing even if there are run-ins with your school or whatever, or your child's school, where that enters -- somehow gets to be on their file and permanently there on their file? >> i think that's a very, very good question, and i think you always have to take this example and push it out to another to be absolutely honest. i do have civil liberties concerns about. but there has to be a way of doing this and doing this right. your point is well taken. you know, we think about what happened in san bernardino and the idea of searching an iphone or not. neil: right, right. >> as a fourth amendment issue because this person killed a lot of people, or do you not? i don't have the answer -- neil: if you see a worrisome snapchat video or comments and beyond just that person's friends and those who saw that conveying it to people, how far do you go? >> i think many americans would prefer to have health care professionals making decisions -- neil: and where would that go? let's say the school in this case had already raised, the guidance counselor had raised

concerns, wouldn't that enter a file somewhere so this kid walks into a gun store, or any kid, and no, no, no, apparently at your school you were expelled -- >> yeah. and the important counterpoint is how many americans could feel of going to a doctor because they say, well, i don't want people to find out about my mental himselfly -- neil: right, you've got a scarlet letter. >> it's important not to do that. not letting emotions get in the way and second you give the government power to take your rights away, they almost never come back. neil: that's the fear people legitimately have. they create even bigger problems. >> well, sure. you know, we have a gun registry here in new york state which, when it was passed in 2013, the majority of people didn't even comply with it as is. the law had no teeth. but i think marco rubio is talking about something, to your point, where if friends, neighbors and family want to bring an action against someone, i think he calls it a gun violence restraining order, that's something that i think conservatives should look at. look at having a court grant the

ability to remove guns from someone who there's evidence against and they've had the opportunity to present evidence in their own defense of owning firearms. >> so you have similar to what happens with domestic violence. people who have been, who have had convictions are precluded from having firearms because of the threat to the people they've been violent against in the past. neil: we might get the first indication of that on wednesday went the when the president -- when the president's going to be meeting with teachers and students. protesting over the weekend, but it is supposed to be a pretty interesting group. we'll have more after this. unmanned aerial systems, we're attracting the world's best talent to central new york. and turning the airport into a first-class transportation hub. all while growing urban areas into vibrant places to live and work. across new york state, we're building the new new york. to grow your business with us in new york state,

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♪ neil: all right. in couple hours the president is going to be leaving florida ahead of that meeting on wednesday with that students and teachers. people are looking at this cynically, what progress will we make on that? on city nance and stalemate over guns and immigration. sometimes common ground can be found. we got indication in last couple hours on this show from republicans and democrats. hopefully this time is really different. to trish regan. trish: thank you very much, neil cavuto. president trump issuing a stark warning meanwhile today, get smart, america, guess what? we're getting played by the russians and our government is too dumb to figure it out. moscow doesn't care whether a

republican or democrat is in the white house. they want to divide our country. they have been successful creating chaos and could fusion. we played right into their hand. you know what? the mainstream media has played into their hands. could you argue that cnn and others are doing the russian's job for them. all this as the florida shooting suspect appears before a judge.