the area. liz: you're saying don't get out? just move to places you like. [closing bell rings] we'll put all your picks on lizclaman.com. longest winning streak for the nasdaq in five months. good-bye to amazing producer irene kirby. we'll miss you. melissa: the dow struggling, ending down 45 points. s&p struggling to stay in positive territory. nasdaq highest in seven days in a row. i'm melissa francis is. david: that last part is very good news. i'm david asman. this is "after the bell." we have breaking news. we'll start with in from the white house. president trump's legal team responding to robert mueller's latest offer for presidential interview. former federal prosecutor andrew mccarthy knows it awe, what we know now, where things go from

here. also a new york congressman, his son and an in-law indicted today on charges of insider trading and lying to the fbi. the arraignment hearing wrapping up. we'll take you live to the federal courthouse for the latest on that. we're awaiting results from another media giant, one very close to home for us, 21st century fox parent company of this network, out with its latest report any moment of the we will bring you those numbers as soon as they come out. melissa: back to the markets, the dow snapping a three-day winning streak. dragged down by shares of disney, chevron and caterpillar. nicole petallides is on the floor of the new york stock exchange. we'll start with you. >> taking a look we had some back and forth action throughout this day. the dow finished to the downside, down 45 points, off earlier lows at least. we've seen a run of optimism, particularly in technology. there was a lot of worry whether or not people would bite on tech once again but we've seen

exactly that. the s&p is hovering near all-time highs. didn't move today as much. you can see it down one point. half a percent away from the all-time highs. when i talk about tech got to take a look at amazon. amazon new all-time high, 1891.51. the stock is up 88%. record close of 2018. apple and amazon are only tech titans to hit record highs in the months of august, thank you, charlie brady, senior editor. weighing an offer to sell the chicago tribune. the stock was halted at one point. you see the big pop. selling off the newspaper business what they're weighing. the stock off 13% roughly. cvs moves to the upside, up about 4% on a day of good profit numbers, also defending their pharmacy benefits business. that was a bright spot. last but not least, we talk about michael kors passed estimates. did very well thanks to the

jimmy chu line in particular, changing up the way they have been marketing that. the stock hit a new 3 1/2-year high of 70.99. we anticipate and wait for 21st century fox earnings but analysts are very optimistic. they're expecting earnings to jump about 50% year-over-year. we'll wait for that. good news on cable and affiliates. david: nicole, thank you very much. oil slammed today, closing down more than 3%, now near a seven-week low. phil flynn, what happened? >> yes, i will tell you everything happened today, dave. not only did we have concerns about china, we had very bearish inventory report when it came to crude oil. we saw a report that chinese independent refiners were not importing as much crude last month t was the perfect storm for oil today. if you really want to see what happened in the eia report today we saw a big drop in gasoline demand. that is for the second week in a row. gasoline prices on the wholesale

level fell almost nine cents a gallon today. if you want to see a big move, take a look at gasoline prices, because it really went down today. precious metals today was a very rare occurrence, dave. we don't see it, actually higher today. i don't think i've said that in forever. melissa: wow. >> we're starting to see gold prices go up a little bit. one of the things we had last couple weeks, one of the biggest hedge fund short positions in history in the gold market. they added to it for seven weeks in a row. that is almost only happened one other time in history, and in the spdr gold trust, people are dumping that like crazy. nobody loves gold. time to love it again. melissa: except for that one fund. david: i like it because i have three kruggerrands. i love it when gas prices go down. melissa: we love you, phil. thanks. president trump is betting on solid economic growth. >> we're doing record, close to record gdp. nobody thought we would be

anywhere above even close to two and we're at 4.1 and i think we're going much higher. i think we'll be very shortly in the fives. numbers that people wouldn't have, i think we can go much higher in the fives. melissa: that would be awesome. bring in today's panel, john layfield, ceo of the layfield report. also a fox news contributor. todd horowitz, host of the bubba trading show. todd, i will start with you. what do you think? >> hi, melissa, i think he is very optimistic, we know he likes to talk up big. i don't see 5% growth. melissa: that is a big number. >> but i think he is on the right track. i think that is something we want to look for and continue to look for good things, i don't see 5% in the next quarter. i don't see 5% in forever. hopefully we'll continue rand hopefully i will be wrong. melissa: john the way it could happen, if they settle the tariff wars or trade wars and lower tariffs around the world.

if he achieved that goal that could unleash the neck level of growth. what do you think? >> i think it could, yes. i agree with todd. we'll see solid economic numbers. i hope we see a 5%. i don't think we will. if you did get rid of all the trade barriers, something similar happened in the 1960s. the '64 kennedy tax cut carried out by lbj. we saw 6% gdp growth after those tax cuts. very similar to what we have right now. i don't think we'll get there. i think this last gdp number was a little bit skewed with people getting ahead of tariffs but on the positive side of gdp going forward, inventories were low. inventories have to be rebuilt. i think gdp will be a good number. i don't think we'll see five. melissa: four is beautiful. we don't want to short-shrift four. david: five wouldn't be bad. melissa: getting greedy. david: we are. new developments surrounding shocking tweets yesterday from tesla ceo elon musk.

kristina partsinevelos joining us from the newsroom. there are some breaking developments on this story. tell us about it. >> correct, yesterday elon musk tweeted out to 22 million people he secured funding. the sec responded across the wires just moments ago they are now questioning tesla. they're questioning that statement and asking questions whether it's true or not. they're also looking into why elon musk chose to tweet it out first because historically companies usually put out press releases if they will go public. that is usually the way. the stock actually dropped 3% right away when the sec came out with that information this afternoon just moments ago. now you're seeing it even lower. yesterday it was all about timing. just after 12 "the financial times" announced that saudi arabia increased its stake in tesla. that is a vote of confidence. a few hours later you had elon musk tweeted out he wants to take the company private at $420. that is when you saw the huge spike. then the trade halted.

it pretty much ended the day 11% higher. i would like to preface this isn't the first time elon musk has said he wants to take it private. nobody seems to mention it. back in november 2017 he said the same thing. the question where will he get the money? shareholders? , institutional investors or sovereign wealth fund from norway? i want to comment on a lot of analysts right now. cowan weighing in jeffrey osborn says we continue to see the company's capital needs much higher than the company is able to generate from operations under optimistic scenarios. the big question, can they find the funding? are they really valued at $420 a share? many say know. that's not the case. we know elon musk doesn't like being out in public scrutiny when it comes to financial statements and that is what it takes to be a public company. he has alluded to this. as far as he is concerned, pending a shareholder vote the deal is done. david: he is out there, no

question. kristina. thanks very much. john and todd are back. john the first phrase in the first tweet he may regret saying funding is secured for all of this, if it is secured, tell us who it is. who is giving him $70 billion which is how much it would take to private advertises this company at 420 a share -- privatize. >> that is scary word, david, you're right. secured part of the secured funding is ec will hinge on. this is wall street. not a matter you think you have funding or handshake deal. you have to have a signed contract to say you have secured funding. certainly appears to be a violation of sec laws. don't know where the funding would come from. to me google or apple would be best. sovereign wealth fund, only time will tell. david: todd, i owe you one, we have breaking news, 21st century fox, parent company of this network, fox business and fox news, reporting fourth quarter results. let's go to deirdre bolton with all the numbers.

let's go to deirdre bolton. >> hi, david. this is a beat on both the top and bottom line. the company reporting earnings of 57 cents per share. that is higher what analysts were looking for at 54 cents per share. going to revenue, beating as well, $7.9 billion for fiscal fourth quarter. exceeding what analysts were looking for with 7.56 billion. if you look at just the percentages, this is better than 50% raise from the last fiscal fourth quarter for earnings. that is better than a 12% gain if you're just looking quarter on quarter revenue. david, as a calendar point worth remembering two weeks ago disney agreed to buy the entertainment assets of 21st-century-fox. of course the entertainment assets for $71 billion with cash and stock. both boards agreed to that, as context wall point. david: deirdre, thank you very much. melissa: "wall street journal"

reporting is looking whether the elon musk lied in his tweet. that is a strong word. how accurate it is. they want to double-check? they want to double-check. david: that is not lawyerly. melissa: the result cost have major implications. john coffey is one of the country's most respected names in securities laws. he will respond to these new developments in a fox business exclusive. david: he really is the best person to ask. coming up also president trump and his lawyers seem to have come to a decision whether or not the president will sit down for an interview with special counsel robert mueller. andrew mccarthy, talk about the best, he is here with his take what we know now. melissa: two high-stakes elections serving as a big test of president trump's influence in state races. the big takeaways from last night's results next. >> president trump came in. he did a rally in delaware county, which was the key county last night. it put troy balderson over the edge and we won last night in that all-important district.

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david: last night's elections producing some surprising results as well as some nail-biters are still too close to call. blake burman with the very latest. amazing, occasionally you have one during an election cycle but we've had several based on what happened yesterday. reporter: out there in kansas, yeah there is one out there in kansas as well. one of the big focus was ohio where president trump campaigned over the weekend in the greater columbus area, that race being troy balderson, the republican, versus danny o'connor, the democrat. the president took a bit of a victory lap on twitter, appears balderson i'veed ahead of o'connor. here is the tweet the president wrote out today. as as as i campaign and support

senate and house candidates within reason they will win. i love the people of the they certainly seem to like the job i'm doing. if i find the time in between china, iran, the economy and much more, which i must, we will have a giant red wave. the rnc had earlier today crediting the president. >> we knew through our data we needed to get our electorate engaged and energized. that is why president trump went in on saturday before election day on delaware county which we won, which was the key county. absolutely president trump is the antidote to republican complacency. reporter: you saw the president there say that he feels there is going to be a giant red wave, however many feel last night's election results in ohio show there could be a blue wave coming. keep in mind that is a district has gone republican since 1980. back in 2016 the republican won that district by 36 points. bottom lines david, that is the

definition of a toss-up race considering balderson and o'connor will be on the ballot 91 days there now again. david: the president's tweet are definition of bragging rights. that is what he was doing this morning. blake, good stuff. melissa? melissa: bernie sanders not impressed. six out of eight candidates for federal state candidates losing with his endorsement. maybe that shouldn't be surprising given how much the democratic socialist proposal would cost. vox.com recently totaling up to $42.5 trillion over the next 10 years. rnc spokesperson kayleigh mcenany, capri cafaro, former ohio state senate democrat leader join us now to react. capri, what do you think, sick out of eight lost. two won. bernie might say. >> i ain't surprised.

i come from the state of ohio. the brand of democratic socialism may resonate in state like the bronx or vermont for that matter where, or cortez and where bernie sanders are from, that will not play in a place like kansas. it will not play in a place like ohio. this is a good wake-up call hopefully for the democratic party to recognize that the best thing we can do is match our candidates with the personality and values and priorities of the districts that they're running in, not try to have this coastal inward approach. it is not effective. melissa: although, kayleigh, when you're looking what is, isn't effective, i remember the day bernie sanders announced he would challenge hillary clinton. i was "outnumbered" and we joked maybe hillary clinton was sponsoring his campaign, because it seemed like someone who call himself a socialist couldn't possibly give her a run for her money but he did. so what, why did he do well but then last night it didn't work

out? what do you think the difference is? >> well he did well because there is an appetite for this within the democratic party unfortunately. there was a poll came out recently showed 35% of democratic voters wanted to replace nancy pelosi with a socialist. that is a third of the democratic party. so while the majority might recognize what is common sense, that democratic socialism failed everywhere it has been tried, there is a strain of this there. they have to figure out how to grapple with this far-left strain that would play in some primaries but will not win on a national stage. melissa: i tell you how to do with it, capri. i don't actually watch the show, "the view." sometimes i see clips online. amazing when you see people joy behar, medicare for all, sounds like a great idea. and well, but, how about the fact that in order to give people free insurance you have to at least double everybody's taxes? and even then it won't pay for it. that doesn't make it free if

your taxes are doubled. maybe that is a point? >> medicare for all is not going to work unless you significantly increase withholding taxes already pay into medicare. there are other ways i think to approach that issue as far as medicare. that is not the argument we're having today but i think generally has been a disconnect between concept like medicare for all or free college and the fact that ultimately somebody has to pay for it. in the midwest, you know, i think what we've seen actually is common sense democrats in places that are not california and new york, some of the more progressive states recognize the value of work, recognize how much money is coming out of their pocket in taxes and that's why we saw the losses last night for the folks that were endorsed by the democratic socialist progressive wing of my party. melissa: kayleigh, if you look underneath what everybody is after, whether people want student debt forgiveness or free health care or look at people that supported president trump, everyone is saying in unison, my

paycheck isn't going as far as it need to, we're not getting this done. that is capturing the answer to that feeling. really what propels a win wither, i think. what do you think of that idea? >> i think what people will soon recognize what is going to propel that paycheck upward are the trump prescriptions for the economy because we've already seen the ap headline last week that said wages are going up the fastest pace they have in 10 years. that is only going to continue to happen if we're talking about four, maybe even 5% gdp growth the next quarter. tax cuts are a big boon for that. if we have tax cuts round two, people are going to see this is the antidote to their problems, not democratic socialism. sadly that strain exists in the democratic party. you have 1/3 of senate democrats and 2/3 of house democrats signing on to single payer. that is pretty astonishing. melissa: thanks to both of you. >> thank you. david: a big win for unions in missouri last night.

67% of the state voting in referendum to undo a law that would allow private sector workers to opt out paying union fees in unionized work places. worth noting the unions put a lot of support and money behind the fight with big labor outspending the right to work supporters five to one but paid off for them. melissa: congressman chris collins indicted on insider trading charges. we're bringing you the latest after the break. will president trump meet robert mueller face-to-face? the commander-in-chief's legal team narrowing in on a decision. former attorney andy mccarthy breaks down the options next. former assistant u.s. attorney we should say. >> inclination is no. i could put 100 lawyers in the room, 100 will say that. ultimately the decision is up to the president. we'll give advice but there are on going discussions to see if there could be something work the out here. ♪

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melissa: republican congressman chris collins arrested today on charges of i were cider trading. bryan llenas with the latest outside of federal court. reporter: melissa, congressman chris collins left this federal court half hour ago with his son and also his son's fiance's father. all three are facing federal insider trading charges, as well as charges for lying to the fbi. bail was set at $500,000 each. the judge asked that congressman collins, a new york republican, hand over his diplomatic passport. all is stemming from issue that happened in june of 2017. it all happened at a congressional picnic at the white house. congressman at the time, collins, received an email from the ceo of a company, a biotech australian company called inate immunotherapeutics limited.

collins was a member of the board of directors. in the email the ceo of the drug company said the drug they would hope successfully treat a form of multiple sclerosis had failed during the drug trials. within minutes of receiving this email, collins called his son to illegally share this inside information. five days later, the stock plummeted when this information became public. it fell more than 92%. by then collins' son and others had already saved, they had already sold their stock, saving them losing upwards of $800,000. listen. >> congressman collins cheated our markets and our justice system in two-ways. first, he tipped his son to confidential corporate information at the expense of regular investors. and then he lied about it to law

enforcement to cover it up. reporter: in a statement collins' lawyer says it is notable that even the government doesn't allege that congressman collins trade ad share of inate stock. we are confident he will be -- that he didn't sell his own stock he was under investigation at the time by the office of congressional ethics for his relationship with this very company. as well as you know, in that investigation by the way, found that there was quote, substantial reason to believe collins had broken the law, had improperly used his position to help that company but nothing came of that. there was no punishment. house leader paul ryan says they want to open up an investigation with the house ethics committee. they have said until this matter is solved, he will no longer serve on the energy and commerce committee. melissa. melissa: seriously. bryan llenas. thank you. david: president trump's legal

team says it has responded to special counsel robert mueller's request to sit down with the president. while we haven't seen the proposal, retired law professor alan dershowitz thinks he knows what will be in a deal, a deal mueller will accept. take a listen. >> i think the tactic is emerging and is fairly clear. the president wants to testify. his lawyers don't want him to testify. so the lawyers will set up a series of conditions, to put it in terms of the godfather, they will make mueller an offer he can't accept. david: joining me andy mccarthy, former assistant u.s. attorney and fox news contributor. what do you think of alan's point? >> i'm not so sure the tug-of-war going on between trump's lawyers, the president's lawyers, and the president himself, it could be more theatric than real. i think the president understands the risk that's involved for him. i'm sure on a certain level he wants to testify but he also doesn't want to walk into something that could jeopardize

him. so it helps him to be taking a position that he would love to go in there but lawyers are keeping him restrained. david: what happens if there is no deal, whether on purpose, no deal or for whatever reason they can't work things out? do you think it is possible that mueller will indict president trump? >> i don't think, dave, that it is possible that he will indict him. mueller is under the control of justice department guidance that has been in existence since the watergate era. a sitting president will not be indicted. so the question is, will mueller push this to the point of subpoenaing president trump for testimony? or will it be just a situation where, like many cases, somebody reduces to cooperate with the prosecutor and you make your assessment based on the information you have. david: you know, it is important to pull back at this point. think of why it was that mueller got his job in the first place

aspects counsel. was to investigate russian collusion. shows you how far we have come. is there any doubt in your mind it has gone from collusion to this man wanting to get the president of the united states? i know you have a lot of respect for mr. mueller but a lot of people look what he is doing and think he is trying to set a perjury trap for the president. he wants to get the president. >> well a couple of different things. i think, i have never been satisfied that we're sure that mueller hell-bent making a case against the president. he is hell-bent finding out about collusion, which is what he was assigned to do. the fact that the president and his lawyers are worried about a perjury trap doesn't mean mueller and his guys are necessarily setting one. that said, the one thing mueller has been able to do in this investigation is prosecute people who give false statements to people during, to the fbi and his guys during interrogations.

that has happened four or five times in the investigation already. david: let's move on to paul manafort whose trial is ongoing right now. there are a lot of, a couple of witnesses that have been put through the ringer by his defense lawyers, the judge in fact seems to be, if anything more sympathetic to the defense side than the prosecution side by what he said. do you think it is possible, if they don't find some kind of corroborative evidence, some smoking fun here, that mueller could lose this one? >> yeah, i think in a world where there was no corroborative evidence, sure, if you're relying on somebody who has the kind of track record gates has but the important thing to remember here, that mueller indicted this case before he had gates as a a cooperatetor. all the fraudulent activity has

been proven using financial records. the corroborative evidence you're talking about has fair thee well. david: like the judge said in this case, this has less to do about what manafort might have done wrong but squeezing manafort in order to get president trump, in order to get something on president trump. if you are going after manafort, why not go after tony podesta as far as i can tell has the same paper trail manafort does? >> we should be thankful in a way, what he did with podesta evidently refer that case to the southern district of new york. sounds like what mr. mueller is doing is trying to stay on task. i realize that the manafort case doesn't have anything to do with russian collusion as we understand it but manafort is someone we think, mueller thinks is relevant witness. sometimes this is the way you get a relevant witness. david: andy mccarthy. thank you for being here.

appreciate it. melissa: could one little tweet be a crime? new reports that the sec is looking whether elon musk's surprising tweet yesterday was quote, truthful and why he used twitter in the first place? there could be big implications. no one knows this stuff better than columbia law professor john coffey. he joins us in a fox business exclusive next. neck-and-neck, the republican gubernatorial primary in kansas is too close to call. what could that mean for the midterm elections? congressman roger marshall who won his congressional primary in kansas last night. he joins us. that's coming up. ♪ and our nation's veterans. we knew helping our communities was important then. and we know it's even more important today. so we're stepping up to volunteer more and donate over a million dollars every day.

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now that you know the truth... are you in good hands? melissa: tesla ceo elon musk stirring up controversy with this tweet yesterday, and considering taking tesla private at $420. funding secured. boom. now there are reports that that sec is looking into information whether this is truthful. we have john coffey, director of the columbia law school center for corporate governance. let's break this down. they're investigating it, first of all, was it proper to say this in a tweet? if you are making a move of this nature and you're announcing that you're going private, you're supposed to do it in a press release but the word considering may get him off the hook. what is your thought? >> well, two questions.

first of all, is this proper way to do it? this is highly irregular. there is no more important announcement you can take that they will do a merger, takeover or tender offer. so it is really market-moving information but the sec has accepted in the past that companies can use social media to aletalert the shareholders if they told the shareholders they might use the twitter account of the ceo. test tesla said that a few years ago. no one has done it for this important of announcement. melissa: they will analyze whether or not it was true. if he is considering it, and he says, maybe funding -- >> you can say that. melissa: is that the biggest thing that is, they have to prove that the funding was really there? >> two words, two words, when you say funding secured, you're telling the world this is a real deal that has been financed by professionals and that almost

certainly hasn't yet happened. the size of this transaction, the total value, this places on tesla is over $70 billion. if you were to finance that 3/4 with debt, you're talking about 45, 50 billion, that is bigger than any transaction in history and it is like planning the normandy invasion and carrying it out, people would have heard. i don't think he could have gone very far down this road. people don't easily give these kind of commitments. there would be awful lot of negotiation. but that does move the market. what you need to understand that yesterday, short sellers, no one loves them, but they are investors -- melissa: they make the market. >> lost 1.3 billion. i'm not criticizing. they lost over 1.3 billion, that their view he spiked the price with a statement about the funding being secured. the market did go up. not all the way near his 420 price, it went up enough giving

some reliance of statement that funding was secure. that could be a violation of 10-b-5 making any materially false statement that causes others to purchase. melissa: is that number 420 a share, is that number, is that important? >> well if he is able to get the financing, there would be what in the law calls lost causation. there would be no loss caused by the false statement if he later gets the funding and the transaction stays at that price. people bought yesterday at very high prices. if he has to announce he doesn't yet have the funding, the stock price will fall and they also have a cause of action because they believed and relied on a statement that proves not to be true in the full dimensions. different groups are out there with different causes of action and you know lawyers are going to sue when you have billions of dollars here in potential liability. melissa: great insight. john coffee, thanks for that. we appreciate it. david: lawyers will sue, we know that.

remembering our nation's heroes. the pentagon presenting a dog tag to the sons of a fallen soldier unaccounted for in the korean war. the single dog tag was found among remains of dozens of u.s. soldiers recently returned home from north korea. very moving ceremony. hard to keep the tears away. melissa: really was, listening to him talk about that, it was amazing. the conference call for 21st century fox is underway right now. breaking headlines you need to know. we will have them. plus hawaii is bracing for impact. a hurricane is approaching the big island. we have the latest details on the storm's path. ♪

melissa: 21st century fox conference call is now underway following a beat on fourth quarter earnings and revenue. deirdre bolton is in the newsroom on the call. deirdre, what are you hearing from our parent company? >> so i'm going to break it down a little bit, melissa. you gave the most important headline which is of course

21st century fox exceeded expectations both on the top line and on the bottom line. so at 57 cents per share in earnings, that is an improvement of better than 50% earnings growth quarter on quarter. if you look to the revenue, better than 17%, again comparing this fiscal fourth quarter, this set of data versus the fiscal fourth quarter for them last year. revenue figure $7.94 billion. all main units, this is the breakdown, exceeding expectations as well. so if you look at cable networks, that particular part of the business, you had a better than 12% beat. again i'm comparing quarter to quarter. film entertainment division, better than 11% quarter on quarter and the tv unit again in percentage point terms exceeding by 7 1/2% quarter on quarter. so very strong across the board. as far as the topics that first started, lachlan murdoch, after the ir person beginning to speak about the fact as we talked

about from a calendar perspective disney and 21st century fox boards agreeing 10 days ago to disney's offer, cash and stock 71 aboutdollars fox entertainment assets. murdoch is saying as of now regulatory approval is being sought outside the u.s. it already passed inside the u.s. the deal is set to close in the first half of the calendar year, 2019. a strong calendar all aboard. seems all all scheduling concers are -- melissa: good stuff. david: hawaii breathing a sigh of relief as a category 3 hurricane called hector is expected to pass south of the big island and weaken in the coming days. tropical storm warning however does remain in effect as the storm could bring strong wind gusts, heavy rain, monster surf. officials are taking extra

precautions declaring preemptive state of emergency but no hurricane. melissa: look at that. too close to call in kansas. the trump-backed candidate is locked in a tight race with the incumbent governor. what fallout is next. congressman marshall from kansas responds. (vo) progress is in the pursuit. audi will cover your first month's lease payment on select models during summer of audi sales event.

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david: kansas secretary of state kris kobach says he won't recuse himself from any recount effort in his challenge of governor jeff jeff cole year in the. he was endorsed by president trump. kobach is currently leading governor colyer by .1 of 1%.

one person that doesn't have to worry about a recount, republican congressman roger marshall who won his primary by 78%. thank you for joining us. appreciate it. >> dave, hello from manhattan, kansas, thanks for having me on. david: from one manhattan to another. it was pretty dramatic race for governor. the first the fact that kobach would challenge a fellow republican for the job. get endorsement from president trump. come within .1 of 1% beating the governor. should secretary kobach, his office of secretary of state, seek a recount effort, should he recuse himself? >> that is what i prefer. it would make more sense to bri in non-biased accounting firm from the state legislature and get this right. david: kind of kind of a strange circumstance he would have to recount his own race.

what is your own takeaway, not only in this race but what happened generally yesterday? >> certainly president trump is wildly popular in kansas. 2/3 of kansans thinks president trump is doing a great job, has the country going in the right direction. this remind me what happened with the immigration bill couple weeks ago, at the last minute, president trump gave it his endorsement. president trump waited until the day before. he didn't make any appearance here either. so i think a lot of his efforts were blunted. so however this plays out i'm not sure, but i also, i am certain though that if president trump came here and did a little bit more campaigning he could have made a big difference. we'll look forward to his help in november on this election whoever wins it. david: kansans, when they look at what is propelling them to the polls, what is motivating them, is it the economy? usually it is the economy is the number one issue for most voters s that true and do they credit the president for the reason that the economy is doing so

well right now? >> well, certainly the economy and national security are always the top two issues facing americans year in and year out. overall the nation's economy is doing tremendous but right now agriculture is really struggling in kansas. my district is 60% economically dependent uponning agriculture. you throw low commodity prices on top of trade and tariffs, certainly there is some concern about the economy right now. certainly we credit president trump for leading the way with rolling back regulations, for the tax cuts and jobs bill but we have other problems in ag country now as well. david: you talk about national defense. the va is part of that, those who bravely serve this country are very often sold short in terms of the treatment they get at the veterans administration, particularly in the hospitals. we have a new head of the va, robert wilkie. what are your thought about that? >> i'm going out to visit couple of our va clinics here in kansas

and rural america. i'm exciting, i'm proud of what this congress has done and what this president has done for the veterans administration. we increased funding 40 or 50% compared to a decade ago. we're giving veterans more choices. we're increasing competition. there is lots of good things happening for our veterans. put our money where our mouth is. we funded $70 billion for 7 million veterans that would be comparable what we're paying for medicare patients as well. so i think we're going in the right direction. david: what about the idea the president said they deserve, veterans deserve a choice? they should get a voucher they can take either to a va clinic or to a private doctor? are you in favor of that idea? >> absolutely. anything that gives american citizens more choices and increases competition is going to be good. it wasn't too long ago that the patient satisfaction rates in veterans hospitals was under 30, 40%. now they're bragging they have it up to 70%. but i guarranty if there was

more competition those veterans hospitals would pick up the pace. i think the veterans hospitals should start specializing in areas unique to veterans, whether traumatic brain injuries or joint issues, those types of things. david: congressman, great to see you. thank you very much. congratulations on your primary victory of the appreciate it. >> glad to be here. thanks for having us. melissa: if you ever turn down your favorite treat because of calorie count in the menu, you might as well go ahead and just eat that doughnut. ♪

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melissa: the calorie counts you see on menus are helping people lose one pound over a three year period according to a new study. dave: i have to laugh, diners consume fewer calories eating appetizers. by time they reach dessert a develop decision fatigue, becoming too tired to count

calorie, what kills me how many billions of dollars spent by restauranrestaurateurs. >> i like it you think you are being good. all right, "evening edit" starts now. >> from the tweets this out this morning. 5-4-5. >> you don't see the blue wave that democrats promised, they don't have a national leader, still having a discussion discussing whether or not they are running away from nancy pelosi, they should run away. >> republicans have under performed. >> they are spinning in as a win. >> this is a great flight for republicans, it showed coattails that donald trump has. >> to give a great deal of president for the president coming in. liz: 5 states voting yesterday, trump backed candidates doing well, every one of the primary