were you nice on me today? should i be, should i be waiting for some more backlash on friday and monday if i'm back? stuart: charming. isn't that right, neil cavuto. i was and remain charming? neil: on the eaglet story. same father? [laughter]. just saying. controversy with that story, you know. stuart: there is? >> oh, different eagle dads. oh. stuart: is that true? different eagle dads? neil: i report, you decide. i'm on it. i guess you guys didn't have time to look into it. i do. >> my fault. stuart: kristina's fault. neil: we'll follow up on that story. imagine if apple were not part of the dow, we would be in a whole lot worse shape. at least sustaining what could

be a far bigger selloff. but that stock up a lot of technology names up. it had us thinking, sometimes, folks, maybe this is a bigger reflection on us, that we're still inclined to buy thing we like, maybe pay close to top dollar for the things we like if we feel they are worth the price. despite what you heard about the iphone x, x, or sales, whatever you want to call it, people shell out a lot of dough for them. 50 million iphones all together. you could say it is good reflection on american's appetite to buy and certainly on apple's ability to deliver but i was also talking with our guest for the propensity of tech to still deliver the goods. apple is leading the tech charge. i want to take a peek how technology issues, led by apple of late, fared in the past week. we'll get into that with our guest a little bit. as we show that again, i want to bring you up to speed our

panelists are of mixed mine whether this is will last. jonas pharis, mashable deputy tech editor michael nunez, and deirdre bolton. there were a lot of worries going into the earnings announcement. not so much now, but people are say, boy, can they keep sustaining it? what do you think? >> i think sustain, but one degree lower. that is even what a lot of bullish analysts are out there lower. iphone x sales were less bad than we thought. i saw the phrase in 10 analyst reports isn't that amazing 50 million something -- >> could substitute in ice cream. that is a lucky business. so, and i think services came in stronger. i think wearables came in stronger. you were asking us yesterday, what are the other businesses, where are they growing? i think the june guidance looks very strong, better than most people thought for revenue. one of the quirkier parts is

with the buyback. is that all they can think about doing with the money? what else should they be investing in? that was a comment i saw. neil: nice problem to have. >> it's a very nice problem to have, but does make longer term holders, maybe question a little bit, the direction and those are sort of the holds which on wall street mean sell. hold is a polite sell. neil: michael, you and i chatted about this, i said before this on the show, deirdre is probably sorry hearing it, investing in technology mutual fund and you and i were saying during the break how they make so much money on services, all those apps, itunes, if i one of those businesses individually would be cottage industries. what do you make of that, what it is telling us about technology in general? is this apple alone event? amazon has the own success story. facebook coming back. what do you make of that? >> it's a multifaceted problem,

the narrative for apple is definitely changing this used to be a iphone company where a large majority of revenues come from. what we're seeing, even though iphone sales are not growing by double-digit numbers, they are able to grow things like services in double-digit numbers. i believe they grew their services business by 31% in the last quarter. that is significant. things like apple music. things like -- neil: that is ka-ching, ka-ching. revenue comes in. >> yeah. absolutely, yes. so another business that employs similar strategy would be amazon, right? they have premium service that renews. netflix has a subscription service. apple is looking for ways to, further develop that type of revenue stream. you know the rumor that is kind of going around in the tech community is that apple's, apple's renewed interest in news, they're adding a lot of emphasis to the apple news app. they recently acquired a couple companies involved in the news business. there were rumors it was going

to acquire a couple magazines from conde nast that apple -- neil: that would be a weird fit. i heard that one too. >> they came out yesterday, for better or worse categorically we're not buying conde nast. that doesn't mean it is true but that is the statement yesterday. neil: but they could buy something else. >> or something else. >> they have a lot of money to play with. neil: it is interesting, when i was looking at it, jonas, they're getting a lot of money through china. big growth and largest growth in china. here we are in middle of trade back and forth with china. could explain tim cook visiting with the white house and saying hope cooler heads prevail on this we're getting indications from the chinese government. they're still sticking to their guns. that china is much more able to handle a trade war, this coming from a chinese official, china is prepared for all ought comes in the trade talks and china

won't yield to u.s. trade threats. talk is bluster and bluster could be what we're expecting but i don't see much progress here. >> no. apple is in a good position with china, their product is hard to copy, their software is hard to copy it is so good. they have other companies that -- neil: make it there, sell it there. >> it would be a problem if the government in retaliation mode put a large tax or tariff. that would send money to south korea, samsung phones. i'm not sure there is angle there. they make phones in china. they don't sell at premium point apple gets. to the 50 million hamburgers are selling. it is 50,001,000-dollar phones. amazing business model they got to this level. it is mature, producing more cash they can deploy more efficiently. that they buy stock and could buy a tesla and waste money. they know it is stupid.

so they do, it is defeatist, we can't do anything better with with it. it is showing taxes could go to zero for them they will not magically do anything with the money. this doesn't mean we shouldn't have lower corporate tax rates, but that particular company is so far along without a competitor like samsung having an invention so far advanced only they had ip protected. the phone could operate off your brain or something, no way to lose the business they built. it is like a tech utility. neil: wild card has to be what is going on in china, doesn't it? chinese playing hardball with us, avengers economic team out there trying to pitch their cause, i could see it turning south. i hope cooler heads prevail but what then? >> for cheaper phones, right, you have huawei and other competitors who can, but to the point if you're going to buy 1000-dollar phone i really do think they have a huge moat around their brand. neil: you're telling me actually

the apple phone is the fourth biggest seller in china? >> i know, i actually, i don't know that fact. i think that sounds about right. neil: he could have just made it up. >> but also, even if it is fourth, i think there is an order of magnitude with difference of number ever phones sold in china by apple versus someone like huawei or some of the national brands there. neil: is there a tit-for-tat there too, all of sudden the chinese, if the united states is going to play hard ball with us, aluminum and steel, we'll play hardball with them not only agricultural but extend it to technology players? which i imagine would be tim cook's biggest fear? >> absolutely f we wind up with a trade war with china it would absolutely impact apple's bottom line. what a lot of investors are hoping for, that apple will continue to see growth in china. that is one of the few places in the world where they haven't saturated the market. neil: that is the only wrinkle i see, right? >> apple got 18% of their sales

from china. so that is a pretty big chunk of change. that is -- neil: when we talk about the concerns, outside of something new, and you were touching on some of the services and everything else, is there anything that could get in the way of this? this is the same street that was very cynical what apple was going to announce after the bell yesterday. so are they too much the other way now? >> i think the bigger, i think apple's lack of growth, they're excited about a buyback. it will boost the stock price. ultimately nowhere to do it, apple to their own credit doesn't want to go into the privacy mode of abusing modes of competitors do to grow. without doing that -- neil: to leverage off their information. >> they could make a lot of money being essentially spying on their customers. neil: isn't that when cook was bashing facebook. >> exactly but without doing that they will have earnings growth problems eventually even in china. china is a huge market. everybody doesn't actually buy 1000-dollar phone. they would buy a phone if it had

30% tariff on it. whole volume of phones extremely cheap to a market that is not going to pay $1000 for it. i think without -- they will reach maximum 1000-dollar phone. they recycle every two years that is great but level off the growth. what will they do is money other than buying back stock. only other person to buy a homepod. neil: you bought it. >> apple stock. neil: are they in trouble with alexa? >> they hired google head of ai. that story could change. >> i like what you said apple is smart about the acquisitions. remember when it bought beats, how could they spend so much money offbeats and itunes taken off. so far they have done a good job picking and choosing what they buy, even if the rest of the market said, oh, my god, that is overpriced, it tend to work out f they keep on disciplined,

whenever we buy it makes sense for us, therefore it works, it will be fine f they don't know or buy something stupid -- >> there is an "ai" war going on with, i got siri thing next to the alexa. alexa is a little better -- neil: doesn't sound as snippy. >> i doesn't know what it does. you have the other one. someone will leap on that, the first to make it work and suck a lot of volume, could be out of the phone and they could lose that war. there is still risks in the business model. it is technology. you never know in five or 10 years -- neil: i judgmental, you really shouldn't eat that meal. guys, thank you all very, very much. apple's stock is up. without that the dow would be in more trouble than it is already. i mentioned developments from a chinese trade official. i said we got our avengers economic team already heading there. if anyone thinks we'll come up with something soon, don't hold your breath.

looks like two side are very far apart. the chinese government official say trade talks at the u.s. must be equal and mutually beneficial. china will not negotiate on core interests. the country already said it is against putting arbitrary figure by paring surplus between our two countries by $100 billion. saying that is a foolish venture. yet that is a primary venture of this administration. here we go. more after this.

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and it's "daditude". simple. easy. awesome. xfinity. the future of awesome. neil: i'm sorry. i just want to bring you up-to-date on southwest flight. this is scary again. cracked window. made emergency landing in cleveland. everybody is all right but it did jar a lot of people. we haven't got details how it happened. whether it got the crack enroute. every one on the plane is okay. you can imagine this is couple weeks after that other near disaster that claimed one life on a southwest plane. for southwest another disturbing development. i'm sure officials are looking into that. meantime we are following developments in the world of politics. nancy pelosi saying she is quite confident she could be next house speaker. the primary season as you know kicks off in ernest in four key

states next week. we'll offer you coverage beginning at 8:00 p.m. eastern time. but with those expectations that nancy pelosi has, that democrats are on the verge of a big ol' blue wave. what is charlie gasparino hearing at the milken conference in los angeles. what are you getting from these folks. >> there is a lot of politicos here. as a matter of fact i spoke with eric cantor, the former gop majority leader is an investment banker. he has a little take on the house race and how it will turn out. let's hear what he has to say? >> i think there are some headwind. the question will be are they going to be strong enough come election time that it will cause a flip in the house? i'm not so sure that happens. >> you think the house could stay? >> i do. but there is a lot of work to be done, there is a lot of work to be done because as we've seen the anger on the left is pretty palpable. >> the senate what do you think? >> i think the senate, given who is in cycle, and how the states

play out, there is 10 democrats that are running in very deep red trump states. they will have an uphill battle. >> before i let you go, i have got to ask you this, because i know this is on your mind, how would you have done tax reform? you saw what happened. it was very large corporate tax cut. a very mediocre small business tax cut i would say. some people got some money on the individual side t wasn't a huge individual cut. i looked at the gdp numbers recently, and they didn't really blow me away. first of all, are you worried about the gdp numbers and how would you have done tax reform? >> we have to focus on growth and this tax reform bill is a growth oriented bill. any conservative ask them with a blank slate ideally what they would like, they would like to see marginal rates on the individual to come down. that is the incentive for the individual to go the extra mile,

work exha hour, keep more none any he or she earnings. >> do we get another bite of the apple if republicans win both houses? >> that will happen. we have process in reconciliation in washington. i do think that any conservative would say, yes, ultimately you want to see individual rates come down. >> well, neil, two takeaways there, right? number one, he is hedging on the house. he doesn't think it is impossible for the republicans to hold but as you heard, huge headwinds. for a republican to say that, that means he thinks there is good chance republicans lose the house. what i think is interesting here, what he said about tax reform, that republicans were pretty weak on the individual stuff and, you know, maybe that's, came out in sort of you know, average to middling gdp

numbers. still one quarter does not make-or-break the success of the tax bill. that is where he is right now. as an investment banker, someone on the outside, it was pretty interesting to see how much he hedged on republicans keeping the house. a lot of people here think republicans will lose the house. they thought a lot of people here thought donald trump would lose the election. be that as it may. back to you. neil: think about it, it was a congressman economics professor upended political system when he was defeeted. we brat himself is under great deal of pressure. >> that is pretty interesting, you think about it. that is guy he lost to might loss again. neil: that's right. >> if that happens, some. polling shows he has a battle on his hand. what you're seeing there, whether the economy is good or not, we know it was better than it was, markets are fairly strong even though trading off on a lot of the trade stuff, we

see sort of, we see the trump effect hurting conservative members in these sort of purposish districts. neil: right. >> and i think that is where the gop is very vulnerable, on purplish side, when people flip the coin, do i do something to check president trump and his volatile nature, stuff i really don't like about him, or do i vote the economy? some people are obviously saying we need a check on president trump, he acts to volatile. whether you like him or not, you and i said, neil, he has done good stuff with the economy, but that volatile stuff, personal stuff, turns off a lot of people. i don't care about how many angry twitter emails are -- come and get me. neil: did you get autographs and that sort of thing? >> you know, i mean, there is a lot of people here that watch fox business, that like our stuff and there are one or two

cavuto fans here i must admit. i told him he is not that great. he drinks pumpkin spiced lattes. they couldn't believe that by the way. neil: it is hurtful. thankfully you're really there. >> you don't have any feelings when it comes down to it. neil: thank you very much. stay out there, you good for nothing. charlie gasparino out there. we're following couple of developments back here, i don't want to read too much back and forth on the dow. interesting comments out of the chinese. they say that these trade battles back and forth in the end are about saving face and every one tries to come out looking what they got what they wanted. the chinese are sending an unmiss akeable message, look, we are not going to compromise our values. now those values might be sticking to numerical references that president trump wants, trimming surplus, that is anywhere from 375 to

$500 million between our two countries. the administration has said i would like to drop that by $100 million. the reading from the chinese is, keep hoping. we'll not agree to any arbitrary numbers on that. furthermore when it comes to technology advances, artificial intelligence and some of the things the administration is concerned about, the chinese government forked over a lot of money to lead these efforts and help local chinese enterprises. they're not going to curtail that either. we said that is unfair. that their government is propping up these industries and technologies and they want to ease back on this the chinese effectively said, don't count on it. although i don't know mandarin for don't count on it but we're on it after this. oooooohhh! you stopped! you're gonna leave me back here at year 9? how did this happen? it turned out, a lot of people fell short, of even the average length of retirement.

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ambassador, good to have you. thank you for taking the time. >> good to be with you, neil. neil: so many things i want to bounce off of you. one thing, ambassador the chinese for the first time, and these are some wire services quoting unnamed government officials but they seem to say the same to variety of news sources, whatever you want, united states, you're not going to get, at least as much as you want. talking about no arbitrary outcomes for the talks, won't yield to u.s. trade threats. we have a 30-day extension on some of these tariffs. but how big is this getting? what do you think they're telling us? >> well, obviously they're taking a hard-line, maybe it is for negotiation purposes. we have a great delegation going from secretary of treasury to the trade representative, to the president's economic advisor and secretary of commerce, basically, the a-team. we're all involved in these trade policies for the

administration. clearly america has very strong issues with some of the trade and economic policies of china. china has recently made some statements about opening up more sectors that are now closed to foreign investment, to american companies. they will not have to partner up with a local company because one of our big concerns is that when they are required to partner with a chinese company you have to share that technology with the chinese company and eventually that chinese company will not need to be with you the united states company and can form their own. neil: have they already committed to that, ambassador, or is that a goal? >> well, they made a lot of statements and they're beginning to open up some of these sectors because we need to press them still because they have not given us firm deadlines or timetables they will open up the sectors. we heard the promises before and it has have been we, very slow. neil: right. >> we have to make sure we keep pressing. we have the trade deficit. the chinese basically said they will not be forced into a

specific number. i was just in china a few days ago, met with some top chinese leaders, we're killing to reduce the trade deficit. we try to buy things from america. you keep saying that is off limits. for instance, they want replacement parts for old black hawk helicopters because of an act of congress, we're not able to sell the materials for military use. neil: to be fair, this administration, they could be much more active to support our auto industry and the like. i don't know what the real truth is. ambassador, do you get a sense from the chinese they will wait donald trump out? xi xinping will be essentially ruling for life, and he looks at maybe our president as a process where he serves another couple years, maybe four years after that, if he wins. but they're much more longer-term strategic thinkers. they have this plan for 2025, when i guess they will rule the economic world, whatever, so they don't see a reason to rush.

they don't see a reason to kowtow? >> they will make some concessions. they will probably open up the automobile sector more. they will probably reduce or eliminate some tariffs on u.s. automobiles going to china. we have to be very practical bit. so many u.s. automakers now make their cares in china. neil: right. >> so removing the tariffs on u.s.-made automobiles going to china is not going to make that much difference with respect to the trade deficit. maybe the chinese buy five, 10, 20,000 more automobile as year, maybe big bucks but that will not erase the trade deficit. this made in 2025, china 2025, i think we ought to be concerned about it because they want to have 70% of major components in key sectors made in china so they don't have to buy american products. neil: or anyone else's, or

anybody else's. >> or anybody else's, they want to be self-reliant in high technology goods. we need to be fair they don't unfairly subsidize their own companies with subsidize that would violate trade rules. neil: i'm sorry, sir, do you see this potentially getting off the rails, that it could easily accelerate? the chinese decide, we own a trillion dollars worth of american debt, at very least we'll stop buying it. they have curtailed over recent few auctions we've had and you could make an argument they would roll the dice on that. i would think that would harm them, but what do you make of that? this could easily escalate? >> well it could easily escalate. that's why i have always concerned about using tariffs as a vehicle or as a strategy which we address some of these concerns. i always felt on limited chinese, the limitations on u.s.

investment in china we ought to reciprocate. we ought to say they can't invest in the united states because there are some sectors of the chinese economy that are closed, off limits to u.s. investment but virtually no limitations on chinese investment in the united states. that's not fair. for instance, cloud computing. amazon and microsoft and others have to partner with a chinese company to get into cloud services in china. alibaba does not. oil and gas, financial services sector, the list goes on and on. and one of the props with this made in china 2025 problem is that that they want to be dominant in a lot of key technology sectors. the recent action i bet united states to band zte, one of their big telephone makers, telecommunications providers from buying qualcomm chips or corning gorilla glass only gives more incentive to the chinese to be self-reliant. not be at the mercy of u.s. or

foreign technology makers of various components. so this is going to be a really tough issue, a very tough issue. neil: we might bend and give them more leeway because of their help on north korea, right? >> obviously, we partner with them on certain issues, and we are strong, competitors in another area. but we need to make sure that the united states companies are on level playing field with china and china plays fairly according to international rules. so we've got to be willing to take hard measures, hard stances against china. neil: we'll see what happens. ambassador gary locke, good seeing you again. thank you very much. >> thank you. neil: that caravan right now, they're still processing the paperwork. a lot of these people, couple hundred, wanted to be granted asylum. 14 has been granted asylum. you have to have a certification of need. tough prove things are so horrendous where you're coming from, that your life, your family's life is in danger that

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in the united states. neil: we still don't know, of couple hundred, there is no hard numbers on this, that have, you know, entered and gotten to this border right now, 14 asylum cases have been approved. 28 in total processed here but they're not all going to get that status. but, they have a right in this process, surprising when i talked to a number of lawyers, to go through the process. they have a right to the process they do not have the right to be approved. what happens after that is anyone's guess. north carolina representative robert pittenger, congressman, good to have you. >> thank you, neil. good afternoon. neil: i want to get into your idea on that wall thing, but first of all on processing of these individuals, many not from mexico, points further south, majority from honduras, they're making a claim that they're seeking asylum here because

they're endangered back home. how is that process been done? how do we vote yea or nay on that? >> well they are supposed to be coming over on the basis they're being persecuted for race, religion, member of some special organization and so they make the claim and they're trained to do that. about 80% of them are able to go through that process right now. i think what our bill is saying, that it is secure america's future act, is that we need to have more validity, more proof of the fact that they are being persecuted. we just can't have somebody making a claim. neil: these can certify hardship or whatever the legalistic language. 5000 cases came into the country in 2007 making that claim. last year better than 85,000.

>> yes, sir. neil: so obviously something many latched on to, i would imagine a good many not legitimately. >> absolutely. that is the concern that we have. frankly we're initiating this legislation. the cartels are very adept in training these individual of what they need to be saying. and i think we need to have clarification and more evidence, basis for why they should be able to seek alyle sum inside of the united states. we're a nation of laws. we're a compassionate country. we want to be understanding and receptive to people who are truly going through persecution in their own country but at the same time we need to understand that people are seeking here, not always in our best interests. our porous borders are not just an immigration issue, they're a security issue and i'm greatly concerned with that. i chair a congressional task force on terrorism, unconventional warfare, i'm aware of those crossing our border. neil: separately you're looking for ways to pay for this wall. this is the latest example. you say to necessitate it, now

the president also, upped the number of national guardsmen along the border to deal with this latest influx here. on the wall, besides the 1.6 billion committed up front in the latest sanctuary spending measure, that maybe sanctuary or states pay for this. could you explain? >> we have 300 sank larry cities and states, certain grants going to the cities not all of them, we want law enforcement fully funded, certain grants going to sanctuary cities should be withheld, and that money should be appropriated and used to help build that wall. neil: all right. any reaction from your colleagues? >> well we're circling the bill. we had really good response. i think it is logical, makes a lot of sense. my responsibility as a member of congress to secure and protect this country foremost. i believe that this is a good, and appropriate way, frankly, fiscally responsible way, to

direct the sanctuary cities, those who are not allowing our law enforcement to be there and to enforce and to prosecute those individuals, who are breaking the law. neil: all right. sir, thank you very, very much. still watching the processing of all those individuals. could take a great deal of time to dot the is, cross the ts, to make sure each case is legitimate. each case will be heard. that's what we're told. how many are ultimately approved for status. how many are proved, less than 10% we're told. we're getting word as ty cobb is out as president's russia in-house counsel to be replaced by the fellow who was representing bill clinton through his impeachment crisis, emmett flood. we'll keep you posted on those developments and what it could portend amid the pressure on the part of bob mueller's office to come up with 40 plus questions to ask the president. someone leaked that out. we don't know who. but the questions, according to

our own judge andrew napolitano said it could be problematic if the president were to address each and every one. more after this. as a control enthusiast, i'm all-business when i travel... even when i travel... for leisure. so i go national, where i can choose any available upgrade in the aisle - without starting any conversations- -or paying any upcharges. what can i say?

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neil: we can confirm right now

that the president is going to add clinton impeachment lawyer emmett flood to his legal team replacing ty cobb who has been handling a lot of in-house stuff for the president. blake burman at the white house with more. what are you hearing? reporter: statement from the sarah sanders, press secretary, and i quote, for several weeks ty cobb has been discussing his retirement. last week he would let chief of staff kelly know he would retire next month. this is changing nature and turnover the president's legal team. john dowd left the president's legal team. rudy -- rudy giuliani came in. and flood is a name many of in this town know. he advised, was attorney for former president clinton during the impeachment proceedings. advised president george w. bush on executive privilege. he represented former vice president dick cheney in a civil suit, in the civil suit,

regarding valerie plame. we know that the president, you have to look no further than the mike pompeo ceremony at the state department, that this president doesn't mind turnover whatsoever. we've seen it throughout his administration, neil. this is now coming through his legal team, as appears if the legal battle i guess if you want to say over whether or not he will sit down and speak with robert mueller comes to a head. keep in mind, rule did i -- rudy giuliani was brought in to negotiate whether that would happen. we know bob mueller floated idea of one point potentially making the president testify before a grand jury should he not sit down with mueller. just today a couple attorneys close to the president, victoria tensing and alan dershowitz under no circumstances would they advise president trump to sit down with mueller.

appears the president could be heading down that line of thinking as he tweeted out quote, there is no collusion it, was a hoax. there is no obstruction of justice, this is a set-up and trap. bottom line, neil, with all of this, the legal team for the president has tried to get this to the finish line for months now. there are questions as to whether or not we are approaching the finish line. in any event his legal team is rapidly changing. neil? neil: thank you, my friend, very much. let's get the read with ken blackwell, former cincinnati mayor and former ohio secretary of state. we have hadley heath manning, independent women's forum director of policy. hadley, is it your sense, something like this would obviously have to be approved by the president and by extension i would think rudy giuliani? >> it noise secret, and blake said it himself, this president doesn't want turnover. he doesn't mind dealing with the investigation through a very

open strategy. seems when rudy giuliani came on board he was talking in the fashion in terms of answering questions that need to be answered and 1/2 -- navigating the legal team is considering all possibilities and best ways to make sure the cause of justices served but recognizing that the president is a special person under u.s. law and has special nature to his work. neil: i'm just wondering where this is going? a lot of people are reading into this things are happening more rapidly now, we must be coming to a conclusion. i'm not so sure of that but what do you think? >> look, i think that what's evident is that the president has a deep legal bench and he can put together a combination of lawyers that he believes will help him execute his strategy. and i think he is driving the strategy. and he has some great legal mind around him, even if there is constant churning, they're on

point. neil: but, ken you said constant churning but -- >> yes. neil: they have all been in agreement on petitioning the president not, urging the president not to speak to bob mueller. i don't snow if that is the case anymore. i don't know where if shifting sands -- but what do you think of that? >> i don't think that is what is driving the churning. just like any good baseball manager you just keep changing the lineup until you get the team that can win the world series for you. and i think that's what this president is doing. we need to put to rest though, this whole notion? that the president can be subpoenaed in front of a grand jury. we know that from administrations and republicans, their office of legal counsel at their respective justice department have issued formal

interpretations of the law which basically say that a president can not be indicted and, we should put that to rest. that is not going to happen. i think there is complete agreement. as it relates to whether or not he will testify before mueller, i think think there is leading and substantial evidence that the president will not do that. there are a lot of tricks can be played. if that prosecutor asks you how are you feeling this morning, you say i'm feeling fine. he laters finds out you have a head cold, he can in fact, he can drive you to the jury box by saying you lied to him. neil: our own judge napolitano said they can go in a variety of directions. already, hadley, this investigation appears to wandered very far from the original suspicions of meddling

back and forth in the last election on the part of the russians, working with the russians, now back to real estate deals, obstruction charges that are coming up. is it your sense or the people you talk to that that it is true what rod rosenstein was saying when he told the president two weeks ago, you're not a target? targets can become targets, right? i'm wondering where that's going? >> that's right. and i think the american people are inabouting to feel some exhaustion or we've been feeling some exhaustion with this investigation for many of the reasons at that you just mentio, neil. it seems to be multifaceted and off the original objective. bottom line the american people want justice, we want to seek the truth. we want both parties, democrats and republicans people on either side of the aisle act in good faith here. not use this as a potential witch-hunt or a potential political ploy. that is what i think is so

concerning to so many americans ultimately we want to see justice served. we want the president to be accountable under law. he is not -- he is a special person under u.s. law but he is not someone for whom the law does not apply. we want to see answers to the questions that need to be answered without wandering off into political territory. neil: too soon to tell but revolving door of legal types continues at the white house here. we'll keep you updated. dow down about 53 points. interest rates holding their own. technology is doing well. apple is doing well. there is that. after this. ...

hi, i'm bob harper,

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neil: boy, there's a lot going on, change at the white house and we'll get into that a little bit here, change of the guard right now going on on wall street where the tech stocks are coming back after apple's unexpectedly good news that's leading the whole technology issues that had been under some pressure but actually the last few days given the fact that people were fearing technology sort of petered out this is proof that does not appear to be the case let's go to the latest on all of this, susan? >> yeah, so not bad but apple still trading below its record high above $180 a share as you mentioned, neil, analysts were so negative going into this report that there was a lot of opportunity to beat which apple did and they typically do, and that has the market thinking maybe tech has some more room to run, whether it's hardware, or

in services, and hence the lift you're seeing in the big tech names. now i was listening into the earnings call last night and tim cook making china a big focal point best quarter, he says, in 10 for apple in china. iphones selling better-than-expected in the country in fact the best selling smartphone last quarter and has a 20% boost in revenues. now as you know with the high level u.s. trade delegation heading over to beijing for these negotiations and tim cook counseling president trump in his china trade approach cook says he's optimistic on the talk saying history shows that countries that embrace openness and diversity do much much better than the ones that are closed. now when it comes to the u.s. cook says that apple is still investing big in the country, $350 billion, that's pretty big over the next five years, thanks to the tax reforms and he says that apple will create 20,000 jobs. another hot topic on the call, privacy. cook highlighting how much less data apple collects compared to other companies and a privacy,

he says, is a fundamental human right and i think that's as close to trash talking as you'll get in silicon valley back to you. neil: yeah, he and zuckerberg were going back and forth at it susan thank you very very much. let's get the read from adam lashinsky the fortune executive editor best selling author on this and wrote the book on apple is it your sense, adam, that apple is more than obviously just a phone company that i know and i'm reminded just how much it made on services and itunes, and app renewals and all of that but that is this is also going to play an integral role with whatever happens with china. what do you think? >> i think that apple finds itself in an extremely enviable position right now, neil. tim cook is talking about trade saying these high level things but no one is really suggesting doing anything that would effect apple either the trump adminitration or the regime in beijing right now.

it's sort of like our current version of mutually assured destruction. apple indirectly employs like half a million people in factories in china, and of course it makes so much money in china that the chinese don't want to do anything that would put those jobs in jeopardy and the trump adminitration doesn't want to do anything that would put those jobs and that wealth in jeopardy either because as susan said apple accounts for a lot of jobs in the united states too. neil: you know, i was wondering though, the only wildcard the only negative i could see for apple and for a lot of companies is if things really do get nasty with china, chinese trade officials have been saying, you know, anyone who thought they were going to roll over on a lot of these demands might want to think again, and they are ready to play after the long-haul. i know we have everyone on the white house economic team over there right now to push this point but they seem to be saying well let's say this goes on, drags on quite a while.

then what? >> well, so i'm someone whose very concerned about how this plays out in general. i think a trade war would be a terrible thing. it's not easy to win a trade war i'm just pointing out that i think apple is like number, you y, 32 on the list. i'm making that number up, we're talking about aluminum and steel and soybeans and so on. i think they're going to get the smartphones it's in everyone's interest to have that conversation later, not earlier. neil: you know, i'm wondering too you would think it will prevail we know what some trade situations it's not always the case but a number of people who are generally free market have come on this show, adam saying, you know, if nothing else comes of this tit for tat with beijing it's that they do big their system some say even their currency and have for years, and you could argue terrorists fighting that is like unfair fighting unfair, but that it's

reminded the world that china isn't what it says it is or the free economic haven it says it is and that has changed a lot of people's thinking. >> so i happen to agree with that completely. i think the context here is important which is is that we've understood we in the west have understood for years that china was breaking the rules. we set it up to allow them to break the rules initially because they were a developing nation, and in some ways they still are, and indiana other ways they aren't, so i agree i think the current debate is saying hey china, you've made great strides congratulations now it's time to, now we're going to start this dialogue again and there's certain things we're not going to let you get away with. for what it's worth, neil i think that's an appropriate conversation. neil: you know, i can wait out donald trump, can't i? >> um, yes, and no. i mean, this bilateral trade it

turnings out is pretty important to the chinese. they need somewhere to put their capital, they've been lending it to us for years and these relationships with apple are pretty darn beneficial to the chinese employing hundreds and hundreds of thousands of people in chinese factories. that situation can't go away tomorrow, so he, yes, he can play the long game far better than an american president but not in every instance. neil: yeah, we both need each other pretty badly. adam lashinsky good see youing my friend. thank you, neil. neil: let's get the read from art laffer on all of this, art, when you were the economic the one with ronald regan it was ronald regan who went after the japanese for dumping their computer chips on this country and, you know, he responded some of the more aggressive hawks within his team who said well you've got to fight fire with fire. you didn't like that then. do you like what you're seeing now? >> i don't know, neil to be

really honest i don't know exactly what i'm seeing. i mean, i haven't seen the tariffs or the war come on yet. i really haven't. i trust 100% of larry kudlow coming up with a good solution. i think there's a very good chance, neil that we actually get some major concessions from china and we avoid a trade war and make much better deals and trade relations with china going forward and japan and europe and nafta, so i'm optimistic about what's going to happen but it scares me and i don't understand it all that well. i hate negotiations where one side holds the thing. it's like poker. i never know if i'm going to win the hand or not. neil: well it's like go fish for me i know what you're saying. yes. neil: now i will say this though that to the president's credit on this subject, he has maybe like a bull in a china shop reminded people, you might not like trade wars you might not like tariffs but these guys have been cheating and these guys have been rigging the system to make it almost impossible for us to make headway there and

privately a lot of european concerns are sort of egging them on saying yeah, that it is publicly stated, but to your point as well it can get out of control. do you think it will? >> no, i don't think it will. i talked with trump on this in his conversation is i think he likes free-trade very very much. i think he wants better deals, better treaties than we have, and i completely agree with him on that. it's impossible for an american company to sell a car to japan. they've got so many non-tariff barriers it's just prohibitive and i'm sure china has a lot of that as well and so does europe by the way and this is what i think he's trying to get through but i don't think he's willing to pull the plug and go nuclear and i think he's going to be very successful. anyone who looks at these treat ies carefully, neil our side or their side, knows that they're rigged and knows that it hurts them and us equally and it makes no sense. i thought your phrase was really the best phrase of all, unfair matching unfair, and that's the correct way to look at this.

i think he wants much rather have a fair versus fair rather than unfair versus unfair. neil: a lot of people who hear about it and say we are doing something that is not very free market-like, when they can see well they're not doing it. i don't know what the solution is to your point, but -- >> i think them cutting tariffs would be perfect. that is exactly what you want. their discriminatory tariffs are blocking american products that's for sure. they'll be better off with american products coming in and so will we. if they cut those tariffs and get a better trade deal for everyone, it's a win-win for everyone in the world and i think that's what's going to happen neil. neil: all right real quickly, i also was mentioning ronald regan and of course he was the one in iceland meeting and scored a lot of these impressive nuclear disarmament deals. >> he sure did. neil: and i'm wondering this president has a lot at stake with his upcoming talks with the north korean leader. stranger things have happened in

the past, that reagan example and he could have had a spill over effect on a host of other things including the economy. what do you see happening here? >> i think the same thing is happening with north korea. i honestly do, and after north korea come home and kim jong-un has made very positive statements i just don't see how this doesn't work, and it's all because of trump. i mean trump's blotser with them has brought them to the table they thought he was serious and i think he was serious and we're now going to get a disarmament of north korea and maybe unification of korea. god that's just wonderful, neil and then we talk about iran i think trump has got the upper hand there as well. the iran treaty is clearly bias treaty and not the one you want. you would do that again, you wouldn't, we need to make sure they don't get nuclear weapons that's for sure and i think trump can pull these off just the way reagan did. i mean reagan was unassuming, but he did it. i mean, i remember the tease when he went into the caribbean with u.s. troops versus grenade

a and it was just amazing he committed u.s. troops to go kill communist troops on grenadea, i couldn't believe my eyes when that happened it was just amazing. i told you my joke, i asked him how he made his decision and he looked at me square eyed and said art, i just asked myself, what would john wayne have done. neil: [laughter] >> and it's the perfect answer. he did the write thing, and i think trump is trying to be very much the same way and just doing the right thing. neil: well there you go again, mr. laugher. >> that's what he said. neil: very good job, my friend. >> i'll just try to do what john wayne would have done. neil: thank you, good seeing you again, art. >> good seeing you neil, thank you. neil: maybe we call the laffer effect on the market we're barely down more than seven points here we're going to keep you dawn ited on that, stick around you're watching fox business.

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neil: a scare on a southwest flight, a cracked window had to make an emergency landing in cleveland, it was going from chicago's midway airport scheduled in newark and i don't know they discovered this mid- flight but they made that emergency landing. the cabin never lost pressure so those oxygen masks didn't have to come down as they did a

couple weeks ago in that one crash. i'm sorry that one incident that claimed one wap's life of course this not nearly as frightening, but still, a little scary for the folks on that plane they're all okay. they're looking into what happened and when the crack appeared on all of this. in the meantime the dow has turned positive we want to keep you up-to-date on that i don't know if there's anything for this outside of the fact here that technology has been more than holding its own and in fact that continues to be the case, led by apple with that better-than-expected news. we're also keeping track of what's happening on the u.s. china trade fight right now with we've got everybody whose anybody right now in china, or en route to china, to try to extract some concessions to respond to this tariff threat on the part of the president it's going to be very important for these ongoing north korea talks that are coming up the chinese have played even to the president's liking a very key role, to former national

security vice president dick cheney, john hanna, and rebecca, that's sort of like the balance for the president right? you don't want to go too touch on the chinese because they have been very instrumental to the point to at least get folks to the table or to get the response presumably out of the north korean leader what do you think? >> i think that, you know, there's a lot of balls the trump adminitration has to juggle on this right now. i think that they're going to go in hard on trade with the chinese because they understand that the chinese are going to go hard on us to try to use the north korea issue as a wedge issue to try to get concessions of the united states on trade, and remember, china is the only country that the president has really talked about using trade in the national security context vis-a-vis north korea on currency manipulation on intellectual property theft and so i think that the chinese if there's any country that has the ability to get the trump

adminitration to go a little bit softer on them it's going to be the chinese because the north korea denuclearization issue is the number one foreign policy issue for the trump adminitration right now. neil: i guess it depends on what we mark as progress right? the chinese apparently said if you think that we're going to agree to a numerical figure, let's say trimming the surplus between our two countries or china to the united states by a hundred billion dollars it ain't happening. now i don't know on some of these auto areas and others to make it fair for financial firms to go in on their own without hooking up with the chinese entity there might be some ground there but where do you see the concessions on china's part coming? >> well, i think rebecca's right. i think neil that chinese play here is to maintain their cooperation on north korea. this is a huge win for the president. he's secured more chinese cooperation on this impossible challenge that we face with north korea than all of his

predecessors combined and i worked for several of them and i think the chinese are betting that if they continue to cooperate with us, if they suggest maybe they may go easier on sanctions on north korea if we get too touch on trade i think they think they can call the president's bluff and he'll back off a little bit here and cut them an easier deal on the trade demands. neil: you know, i was thinking that rebecca with ronald regan who kind of startled the russian s with talk of star wars defense initiative and a lot of you read into that like wow this guys really crazy, but, but, it had the effect of bringing the russians to the negotiating table i'm wondering on this front, we're dealing with lots of fronts i grant you the same thing will apply. people just do not know what to make of donald trump. no they don't know what to make of him so i think he's right to go hard on china on this. remember we cannot solve the north korea problem without china's help. china has been providing

diplomatic cover for north korea for years and years it is the only reason we still have a problem with north korea is because the chinese have enabled the north korean economy to continue their nuclear missile program, so that's really sort of the issue here. one thing that i would add though too that i think the trump adminitration is missing to use in this context is japan. prime minister abe, is suesed up on the bench, trump just needs to let him play more because the japanese have a role to play in putting the squeeze on china and also, you know, the trade issues with japan have really been small potatoes compared to what we have with china. 60% of japanese-made cars on american roads today were produced in the united states. so i think it would be good for president trump to go a little bit softer on abe and utilize japan vis-a-vis china in the north korea context. neil: john do you read anything into the fact that the president did, you know, push out the tariff deadline another 30 days for a lot of our allies and friends in europe, argentina, brazil, some of these other

players so that he seems to be more pragmatic and less rigid than some might assume. >> yeah, i think there's always that element at play. that is the art of the deal if you read it is that you come in opening bid, extremely high, keep people off balance, uncertain about where you're going to end up and then you finally end up with a deal where you come down a little bit, they go up much more, and you get something that serves both your interests but serves your interest more than anybody else's. neil: i probably should have read that before negotiating my own contract here. i just found out the other anchors are paid. guys thank you both very very much. the dow down positive territory a lot of folks are seizing on that maybe seizing on the president as a new lawyer coming in used to be bill clinton's impeachment lawyer, so maybe he's the guy for the job maybe that's calming him down i have no idea but we did turn positive we have more after this.

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: . neil: you know, there are so many media deals going ohard to keep track of them on. charlie gasparino has on the at&t-time warner thing. i know it's looking better for at&t. that doesn't mean it's out of the woods even if it wins, right? >> if at&t does prevail, prevents the government from breaking up bid to buy time warner, there could be another deal that comes about. this is going to be very interesting. what we are hearing from bankers here on wall street from telecom lobbyists, a lot of them in washington. the giant media company comcast may bid for twenty-first century fox assets if at&t

prevails in its case and over the government and it can purchase time warner. from what we understand, and what we're hearing from these sources is that comcast chief brian roberts still desires the fox assets that are being purchased by disney. that deal has not closed, it's been announced, almost everything but fox news, fox business and some other assets. it's the studios, a lot of stuff disney is looking to buy from fox. what we understand, brian roberts wants that and the fly in the ointment is this. remember, he made a bid for the twenty-first century fox assets. twenty-first century fox said no because they were worried about regulatory concerns. the government obviously does not like the big media conglomerates that mix vertical and horizontal. that would be doubling down on comcast model that is trying to challenge at&t and time warner. if the government loses on the

at&t-time warner case, brian roberts believes he has a case to make up the bid for the higher assets and difficult for twenty-first century fox to say no on a higher bid. they might have to sell to comcast. comcast has no comment on this, twenty-first century fox has no comment on this. disney has no comment, but there is a lot of talk among bankers and lobbyists. the lobbyists deal with comcast and a lot depends on this deal, on this ruling by judge leone that's going to come down sometime in june about what he feels about the government's case on time warner at&t. judge leone may put so many conditions on the merger that brian roberts looks at it and says okay, it's not worth going for these assets. i'm going to leave it alone. if he doesn't, if it looks like it's a really clear victory for at&t to buy time warner without a lot of conditions on the side, maybe just some arbitration issue that you are

going to arbitrate pricing disputes. what we're hearing from bankers and telecom lobbyists is that roberts still wants those assets that we're selling to twenty-first century fox, as you know, fox business is a subsidiary, twenty-first century fox, that we're selling to disney and he may make that bid complicating this whole telecom gambit even more, and i will say this, neil, this won't be the only deal that comes about if at&t prevails. it's likely to open the floodgates on deals, depending exactly how judge leone rules, and we hear the ruleingly is coming down in june. neil: none of the principals including twenty-first century fox have gotten back to you? >> no, they've gotten back to me. they have no comment. neil: okay. >> comcast got back to me, they had no comment. neil: i was wondering, hey, boss, it's charlie gasparino on line one?

probably not. >> i generally don't go right to the to. there's a very nice guy named nathanial brown, our pr person, i contacted him yesterday on this. neil: good to know. >> i dot my i's and cross the t's. neil: that's the way you are, that's quality there. >> high quality. neil: in case you didn't hear, ty cobb is out as the president's lawyer. clinton impeachment lawyer who worked for dick cheney, president bush, he's in, the daily mail white house correspondent francesca chambers on this. what does this mean? i can't keep up with it but what does it mean? >> ty cobb the lawyer pushing the white house to cooperate with special counsel robert mueller, neil, this could signal that the president is taking a more aggressive tact towards mueller who we now know could be looking to subpoena the president, if he doesn't sit down and answer questions

willingly. neil: now, is it your notion, i don't want to spring this on you, he too would be of the opinion, don't talk to mueller. it could veer into any area and that would be a mistake, not a good idea? >> he would be pushing for cooperation. however, i'll let you know he had been said to be on the chopping block in mark and then it was john dowd, the outside attorney who ended up leaving instead. not exactly a surprise at this point that ty cobb will be departing the team at the end of may, neil. but another thing i want to point out, emmett flood, the other lawyer coming in has the experience with the bush administration, he helped with the obama administration some, and helped president clinton in the impeachment hearings. they're bringing in a heavy hitter as they potentially prepare to face off against mueller. neil: should i be reading anything into his background as an impeachment hearing lawyer? i mean, that would be going to

the next level. >> and it's not just, neil, he was impeachment proceeding lawyer, what he handle for george w. bush was executive privilege related arguments. both of those things point to an area where the white house being be preparing for a protracted legal battle with the special counsel. they said before that they wanted to get it over with quickly, and that supposedly why rudy giuliani was brought on to end this as quickly as possible. we see the president tweeting this morning how the questions that were leaked from the special counsel, which the white house seems to believe are real, could be a setup and a trap as he's being warned by lawyers like alan dershowitz that it could be a perjury trap if he does decide to answer the questions. neil: you know, i don't want to play the helicopter crowd guy, you could easily argue it could be the president's legal team leaking this out to remind him what a potentially bad idea it

would be to talk to mueller? >> absolutely could be the president's own legal team. now the white house said yesterday raj shah, no motivation for the white house to do this and the "new york times" said it wasn't something currently on trump's legal team, which is why there is speculation maybe it was john dowd, the former lawyer no longer with the team, because he wouldn't fall into either of the two categories. neil: the one thing i notice, you take the questions at face value, the whole investigation has potentially veered quite far from the original intent to look at russian-trump campaign ties to business dealings to obstructing justice and a whole bunch of other stuff and bunch of players? >> that's the difficulty with the president if he sits down with mueller, he could ask him about a host of issues, but from the questions we have seen which again even the white house has not disputed, they seem authentic, he was going

into the direction of collusion which is what this started with, the russia probe, but also obstruction of justice which is something that people like adam schiff from the house intelligence committee, a democrat, say the president should be worried about. neil: do they believe, rod rosenstein telling the president you are not a target. i know that changes and legal definition changes. do they fear he could be, and thereby don't get too involved with the mueller guy? don't talk to mueller? >> well, at the same time, neil, you also again have people like alan dershowitz saying that rod rosenstein is too involved in the process because he's the one who directed the president to fire james comey. so he should be recusing himself. so there is a whole worm hole of issues here that we'll be looking at as we move forward. neil: great insight on all of this. i don't know how you keep up with it. my mind numbs trying to follow it. thank you very, very much. >> thank you. neil: we're flat on the dow right now.

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from brighthouse financial- established by metlife. . neil: the father of parkland shooting victim filing a wrongful death lawsuit and slamming the florida deputy for his actions. what did you make of that argument, that he confused or thought the shooting was coming from outside? >> that's an outright lie because in the investigation, they have him on the radio saying the shots are coming from the 1200 building. so he backtracked after he found out they had video, and they had him recording. talking over the radio to the other officers, about the shots. neil: that's one of the first big class-action suits filed by a family member, in this case, a parent. someone who was killed in that attack, his daughter was shot

six times protecting another student who was also shot and killed. since then, as you know, students nationwide have been protesting across the country urging safer gun laws or tightening the ones we have. but will reilly is organizing something a little bit different, stressing that guns aren't the problem, there are other things that should be addressed and stomping on the second amendment isn't one of them. he's going to be part of a nationwide walkout later on tonight to stress that point. will reilly, very good to have you, thank you for taking the time. >> thank you for having me on. i just wanted to give a voice to the other side of this issue. we don't want to take away from anything the students at parkland are saying. we think it's important people see two sides to this generation, though you may not know that if you are watching the mainstream media. neil: how many do you think, and i know you are in your state, how many do you think

will be marching tonight? >> i can't exactly say how many are going to walkout but i can say most recent numbers is how many schools have registered it's around 500. and we expect schools who have not registered to participate. some have already participated, especially on the east coast. neil: the marchs that have happened are almost universally about reining in guns, who gets guns, what age you get guns. you are not a fan of that? >> no, absolutely not. when we were spurred to action, myself and some of my friends, it was because we saw that our generation was being characterized as anti-gun generation and saw justice stevens to come out and call for full repeal of the 2nd amendment, and myself i'm not a gun owner, not a hunter, this

is about rights and it's about the constitutional protections of those rights. and i think it's important that we don't set the precedent that human rights are subject to majority vote. neil: so in florida what they did well to raise the age for someone to get their hands on an ar-15 from 18 to 21. how do you feel about that? >> well, i do think that is a slippery slope. again a dangerous precedent to set. something we have ruled to be a national right is now going to be restricted from people that we have ruled to be voting adults, people that can fight in the military and not able to own a firearm to defend their country as 2nd amendment right says. neil: do you feel friends are going to go after you or zing you because of what you're stating on the 2nd amendment? >> majority of peers are supportive there.

are a lot of my peers that disagree with me, but i haven't had much flack from them. there have been much more flack from adults who don't like this. >> is that right? >> from either side of the issue. we get a lot of concerns, why are you doing the walkout? isn't education important? we are exposing a very important problem which is viewpoint discrimination in schools across america. schools around the country and school districts encourage students to walk out against guns and now punishing students to walk out for guns. it's important to draw that distinction. neil: how old are you, will? >> i'm 18. neil: amazing young man. very good catching up with you. >> yeah, absolutely. neil: will riley, he has just as much a right to do what he's doing as the other groups for what they're doing. we have spoken to all sides and will continue to. more after this. we use our phones and computers

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. >> if you want to see what the problem is, it is the pill pushers and patrick morrisey represented those people for years and made millions. >> did your mom tell you we should wash your mouth out with soap with those lies? >> i'm in washington working with president trump. i have been fighting the establishment.

>> you can't drain the swamp being like the swamp. >> you live in nevada. you pay taxes in nevada and, in fact, your probation officer is in nevada, and yet you're running for senate in west virginia. >> yeah, i probably paid more taxes to west virginia than anyone in west virginia. neil: this ahead of next week's big primaries in a number of states. 8:00 p.m. eastern time on this fine channel on may 8th. to guy benson, maria harpier also. fox news radio on may 7th at 6:00 p.m., i think it goes to 8:00 p.m.? >> that's right. neil: and two more opposing viewpoints you couldn't get, but two nicer people you couldn't find. good to have both of them, and hope to instill that in this debate, we go back and forth that you can still being a human being to each other as

you discuss issues. this west virginia thing and shaping up in the other states where, you know, mitch mcconnell is convinced that, you know, we could gain in the senate. the house he doesn't know, but in the senate we can gain, do you buy that? >> potentially yes, the map is so incredibly slanted in the republican's direction by virtue of who happens to be up? as you know in every election cycle, only one-third of the senate is up, and this year 2018 cuts heavily against the democrats. playing defense all over the country, in particular, ten incumbents on the democratic side trying to hold seats in states that president trump won in 2016. five of those states he won by double digits. so on paper, the republicans should be in a position to gain in the senate. the question is if there's a blue wave in the other direction, does that wipe out gop's opportunities to do so and might they be at risk of losing the senate in addition to the house? i think that that's something

at least to be concerned about. my money is slightly on the republican majority in the senate. neil: i'll get on other way. i wondered in west virginia, joe manchin great cooperation for president trump, and persona non grata, voted against the tax cut. they have it out for him. how does he look in west virginia? >> he's a popular politician, he was a popular governor. for a democrat, popularity in west virginia is fairly high, and nationally the republicans are looking at this heated primary. we saw it last night in the debate. you have a felon, someone who was a democrat until recently and someone who lived in new jersey until recently duking them out. neil: we have all of them in new jersey. >> none of these are perfect candidates to take on donald trump. the national republican party are worried. joe manchin is popular. he voted against president

trump on nominations. i think you will see him vote for gina haspel. he is moderate. the best democrat you could want run in west virginia who has a chance to hold onto the seat. >> except it's a 42-point victory state for donald trump. a vote for manchin is a vote for schumer as he marched in lock step and voted against -- neil: the senate being one thing, it's hard to tip that, but like you say any way possible but everyone talks about the blue wave. nancy pelosi talking about the fact. looks good for democrats and good for her to be speaker again. what do you think? >> looks good for democrats. all the data pointing in that direction. neil: so did the data in 2016. >> i know. that makes a lot of my fellow democrats nervous. i don't think we should be overconfident. neil: a lot of you are, though. but i've seen the republicans when they were ahead. how do you contain that? what do people tell you? don't get ahead of your skis.

>> exactly what you said. we were confident in 2016, we need to do homework, run good candidates, we need to raise money. we're doing all those things. nancy pelosi is an interesting case, a lot of democrats running in the districts who said she should not be the next speaker. she is galvanizing on the left for good and on the republican side, we'll see what happens. neil: we have news i want to share with you. learning from the president's lawyer, rudy giuliani, any special counsel interview that would be done, the president with bob mueller would last two- to three-hours at most. now that's coming from the "washington post," others as well, guys or just the post? what do you make of that? a lot of people legally told me it would be a mistake for the president to talk to anyone because it could be a setup, go on and on, he could perjure

himself, whatever. >> by accident, off on another tangent that has nothing to do with the core of the investigation which is russia and interference with the election in 2016. almost unanimously, every legal eagle who has written about this says it would be foolish for the president to sit down with bob mueller. maybe a written interview and if you're going to sit down with mueller, limiting the time, limiting the scope, having lawyers present to watch out for him. those are must haves. neil: it's difficult, when bill clinton agreed to talk, it veered in the areas and the famous video and that played around the loop. i don't know if that helps. >> you donald trump, a may not have a choice. mueller might subpoena him. neil: they say you can't subpoena a president, right? >> there is some precedent that you can, in the legal community. >> the president has to show up and not talk. >> based on the premise that

donald trump cannot be tested to tell the truth. look at the interview he did last week with fox and friends. they asked a handful of questions that went on for a half hour. imagine if donald trump surround oath, subject to perjury charges if he doesn't tell the truth. neil: now, now, now, be careful. you are entitled to your views. >> it's only a trap if he doesn't tell the truth, neil. neil: people talked about a possible 12 hour interview, if that happens, that is not going to happen. max two- to three-hours around a narrow set of questions and talking about this. we're going to ask for narrowing of the questions. under those circumstances, they narrow it, then what? >> would be better, than open ended. come on in for a marathon and see what happens. it would be a huge disservice and giuliani and the president's team to do anything other than what giuliani is say. neil: knee deep into craziness. >> the reason we're seeing the intense pushback from his team

is because some of them don't want him doing this at all. >> and we deserve to know answers to the questions we saw this week. they were very straightforward and factual. neil: put you down as a maybe on the president. don't forget, monday 6:00 p.m. to 8:00 p.m. good people who don't have to be screaming at each other. it is possible. listen to them on monday when they scream at each other. we'll have more after this.

. . . . they appear out of nowhere. my secret visitors. hallucinations and delusions.

the unknown parts of living with parkinson's. what plots they unfold, but only in my mind. over 50% of people with parkinson's will experience hallucinations or delusions during the course of their disease. if your loved one is experiencing these symptoms, talk to your parkinson's specialist. there are treatment options that can help. my visitors should be the ones i want to see.

♪ >> these cap rates and these spreads. credit is still available. even as interest rates had risen, interest rates come in. if you're a real estate developer today is one of the most beneficial times to borrow money. value added is tremendous demand. at a time with that many buyers, as a trader i'm always -- to be a seller. neil: tom barrack, telling our maria bartiromo stay tuned for the federal reserve. due out with the announcement very soon. ashley webster to cover that. you are one busy guy. ashley: i'm on edge of my seat for the fed announcement. new, neil. we'll get right to it. we're seconds away. hello, everybody, i'm ashley webster, i'm in for

trish regan. well tom -- welcome to "the intelligence report." the economists expect the central bank to leave interest rates unchanged. as all what is in the tea leaves. what are the word they are using to give us even more clues. straight to adam shapiro at the fed with the latest. adam. reporter: the fed holds the federal funds rate from 1 1/2 to 1 and 3/4%. fed says measures of inflation compensation remain low but business investment is picking up strongly. there is new language on inflation which is key for investors. quote, new language, both overall inflation and inflation for items other than food and energy moved closer to 2%. the previous language, both overall inflation and inflation for items other than food and energy have continued to run below 2%. again new language on inflation. inflation on a 12 month basis is expected to run near the committe