ashley: five seconds ernie. >> look for high quality companies with low debt. thank you, ashley. [closing bell rings] ashley: got it all in. ernie, thank you very much. market losing a bit of steam. what a great day. turn it over to david asman and melissa francis for "after the bell." neil: thank you, ashley. we may settle above 400. strong corporate profits, optimism on trade talks with mexico and china. the dow ending day very close to 400 on the plus side. david: close to session highs. healthy gains for the subpoena 500 and nasdaq. i'm david asman. melissa: i'm melissa francis. this is "after the bell." go straight to nicole petallides on floor of new york stock exchange. nicole, quite a bull run for you there today. >> indeed. they focused on earnings and consumer confidence and investor

optimism, u.s., china, getting back to the talks. they're not focusing on turkey at least not for today. that is why we saw feigns of over 440 points today. we held on to sizable gains, nearly 400 points, 1 1/2%, our best performance in percentage terms since april 10:00? dow jones industrial average in point terms accounted for half the gains. walmart killed it today. everybody was so impressed numbers, they saw 40% rise in e-commerce. more shoppers and shows shoppers went in spent more that shows you what is going on in our economy. boeing, caterpillar, goldman, all up arrows. apple third straight high, our 22nd for this year. then i have got to show you what happened with the "fang" stocks. i see amazon is in the green. if you look at a chart, everything did so well. technology was the worst of the best. still finished the green. i saw real selling in the last

hour, two hours or so. right near the back half of the day, whether it was profit-taking. but these "fang" stocks, did see a selloff. then we look at wendy's. sold a stake in arby's $450 million. new high, it was in fact a 11 1/2-year high and jcpenney. walmart did so well, jcpenney was disappointing, gave a weaker outlook. look what happened, down 27%. that was a new low. back to you. melissa: wow, things, nicole. david: nicole talking about walmart, the world's largest retailer cashing in on strong consumer growth. shares of walmart driving the dow higher. the stock itself climbed more than 9% after reporting sales that were climbing at fastest rate in more than a decade. we decided, what a better place for jeff flock to be than outside of a walmart in chicago. you know how he loves to walk and talk. go ahead, jeff. reporter: i was in a walmart jed

in florida and now i'm in a walmart in chicago. they are both packed. parking lots are packed. no surprise when you look at sales numbers. as nicole was saying bricks and mortar are killing it. bricks and mortar sales growth in the second quarter up 4 1/2%, same-store sales and online as she reported 20% or 40% is the growth there. by the way the same-store sales growth was supposed to be 2% so they more than doubled it. the other thing is grocery. this is a walmart that has a grocery, a market as well. now 1800 of walmarts around the country have the deal where you can order online and you can pick up at the store. this is a way that amazon at this point can't compete. also, 40% of walmart stores in 2018 will have delivery. they will bring it right to you. and grocery, i'll tell you, they think that will be one of the drivers going forward. kroger has had a great run, if you look at one year, kroger is

up 30%, walmart over 20%. there is perhaps more room to run there. i leave you with a quote from the ceo doug mcmillan who says customers tell us they feel better about the current health of the u.s. economy and as well as their own personal finances. the the cfo there are questions about tariffs and a lot of what it sells is made in the u.s. and a lot is made in china. there are persistent questions, future impact difficult to quantify. there is a guy trying not to tick off somebody who thinks tariffs are the greatest. david: you may be on to something, jeff, good report. melissa: here is gary b. smith, from the kadena group, fox news contributor and kevin kelly. democrats were talking about tax cuts were crumbs. middle america was not feeling any benefit from the economy and

the tax cuts and the republicans would feel that in the midterm. boom, you get retail sales on fire. walmart are saying they have the fastest rate of growth in the decade. which do you think the truth is? >> the truth lies in actual results we're seeing. it is groceries right. that is really what drove walmart's earnings. they command over 25% of the grocery sales. one of the reasons why their same-store sales were up 4 1/2% is because everyone's going into the groceries and spending tax cuts on that, right? people know what to do better with their own capital than the government does and they're spending it on gross -- groceries and consumer goods they need. why we're seeing consumer confidence up because they can actually deploy their own capital. melissa: gary b., what matters to me is what the ceo says on the conference call. that is where they're managing the expectations of hair holders, not trying to please other people, not trying to talk their book, they're not trying

to disappoint in the next quarter inverse to. you heard the ceo of walmart saying their customers are feeling better about their own finances and feeling better about the economy. what do you think of that and does it stick? >> i, well i think he's right in the macro perspective. there is a walmart near me that we go to about once a week and like jeff said, it was, it was packed. there were a lot of people in there and, there is a sam's warehouse right next door which of course is owned by walmart and that was packed. my only worry, and this gets down into maybe a walmart-specific is, that they are growing a lot but their margins are shrinking. so i love the same-store-sales increase. i think it is probably applicable mainly in the bricks and mortar, primarily to walmart and not other bricks and mortar. the only other one i like is tj maxx. i agree in the macroperspective,

with the tax cuts and deregulation. people want to get out there and spend money. david: guys, stay with us. markets surging on the back of strong economic growth as well. white house economic advisor larry kudlow says this fact can not be underestimated or ignored. here is exactly what he said at the white house this afternoon. take a listen. >> the single biggest story this year is an economic boom that is durable and lasting and that most people thought was impossible and they were wrong. david: gary, i think he cut right to the chase. the point historically, 10 years from now, 20 years from now as we're looking back at this period, people will not pay attention to little hiccups and so forth. they will look at the overall economic growth which is booming. >> exactly. wasn't it just a year or so ago, someone in the obama administration said days of 3%

gdp growth are over. we'll have to live with malaise in eternity. trump comes into office. warts and all, all of sudden economy is booming. cause and effect, cutting taxes, cutting regulations and growth we're seeing in the gdp. david: absolutely. how unemployment. counter is true as well. kevin there is relationship between the old economic policies we had and the low or slow growth great we had in the economy. if you do the right things in economic policy, you get results like we see. >> it is perfect, deregulation and tax cuts, free market is reining. 4% gdp print. you know what is happening? everyone, all the democrats are saying, oh, my god, these were, this is a tax scam. it is going to corporate america. what is corporate america doing?

they're reinvesting property, plant, equipment. people are getting bonuses. peoples wages are going up. small businesses doing well. compete in the american economy. guess what, showing in the economic numbers. new orders index which is great precursor to show earnings growth forth, came in base of 60. baseline is 50. came in at 60. larry kudlow is right. this is durable and lasting. melissa: look at jobs numbers, look at market. david: people are keeping their money. for all all hiccups and what is happening with trade, money is staying in market. look what happened today. guys, thank you very much. gary and kevin. good stuff. >> you bet. melissa: u.s. and mexico is reportedly getting close to a deal and china is coming back to the negotiating table as well. edward lawrence is covering all details from outside the

trade-offs in d.c. edward, what can you tell. reporter: today is the actual one year anniversary or the renegotiation sore start of the renegotiations of nafta. we're close to a deal with the mexican delegation and not talkinging to the canadians this the assessment that astrid representative robert lighthizer presented to the president in the cabinet meeting. >> in terms of nafta, we're meeting with mexicans literally as we sit here and i'm hopeful in the next several days we'll have a breakthrough. there are difficult issues to work on as there always are in the end. >> so i asked the mexican economy minister about having a deal by the end of the week. >> robert lighthizer told the president, hope to have break through in the next few days. are you feeling the same? >> we'll see. we'll see. always the definitely in the details. we have to make sure that make

sure -- [inaudible]. we have some -- reporter: now the second meeting with the mexican dellgation wrapped up short time ago here. they will do it again tomorrow morning. for the second day in a row also this week, white house advisor jared kushner joined the talks here. now if my sewerses say if they can come up with a deal this week or next, with the mexicans, it would then be presented to the canadians to see if they want to sign on or not. some other trade deal that, some other trade news that is causing some breaking news here, the chinese vice minister cops to d.c. next week. he will meet with treasury officials to talk about how to stop the escalating trade dispute between the world's two largest economic powers. back to you. melissa: interesting. edward, thank you. david: very interesting. more tough news for tesla. the carmaker's legal team is preparing for billions of dollars in potential liability from private lawsuits over elon

musk tweets according to charlie gasparino. john coffey. he is our touchstone for issues like this. we appreciate you coming, professor. how liable is the company or elon musk from these private suits? >> those are two different questions. the company will say they didn't make a question. a proposal that has been made to it has not been clearly outlined yet. any liability will be mr. musk. mr. musk might have liability to the short sellers because they had real losses but actually the stock price has not moved in a way that means most shareholders have losses. it has come back about where it was before that original tweet that talked about financing secured. david: right. >> so i don't think there is huge loss there is. when they made the second disclosure this week, that was the corrected disclosure that probably cut off the windows for anyone to bring a suit in. i don't think there is a problem

with the private suits. david: you make a distinction between the liability of musk himself and the company in general. the sec, coming across the wire there is evidence now that the sec is trying to get personal communications between musk and boards of directors, specifically to find out what kind of communication, what they knew about what he knew before he tweeted it out. so they are, they are trying to get all of the specific information which could make the company liable for the same things that he is liable for, right? >> more likely it will make musk liable. musk made the statement. we discuss i had it. they said this, they said that. they will see if the story checks out with individual directors. simultaneously the sec needs to talk very quickly to the sovereign wealth fund in saudi arabia. musk says they practically assured me i was certain they were going to finance everything. they may say we gave him some general pats on the back said we wanted to work with him in

general but we didn't make a specific commitment. the truth may be somewhere in between, but we can't really know the important facts until we hear what saudi arabia says it said to mr. musk. david: a lot of parties involved here. paul manafort case, i want to get your opinion on that. it is now in the hands of the jury. what are your thoughts? >> it is going to be a big win or big loss for mr. mueller. if the jury were to convict quickly that reinforces and strengthens mr. mueller's position and tells others not to mess around or they will be in the same position. if the jury were to reject or hold out for two weeks, only come in with very weak verdict, that would significantly undercut him. so it is a ballgame that has great consequences. david: yeah, it does indeed. john coffee, thanks for being here, professor. >> okay. melissa: cuomo under fire. strong backlash growing against new york's governor after startling comments even shocked some of his supporters. how the president and republicans are firing back. more on that ahead.

david: holding the irs accountable for bad behavior, not just a slap on the wrist either. wyoming senator mike enzi will talk to us about two new bills he is introducing aimed at cleaning house in the irs. melissa: reaction pouring in after the president pulls security clearance for obama era cia director john brennan. the white house suggests there might be more to come as critics are up in arm, calling an attempt to silence detractors. brad wenstrup from the house intelligence committee sounds off. that is next. >> security clearances are privileged. i think john brennan was abusing that privilege. he certainly never would be consulted on by this administration so why is it needed? ♪ your insurance rates skyrocket after a scratch so small you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates

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david: breaking news. we heard about walmart but we have another big retail win to tell you about. look at shares of nordstrom surging double digits after hours following better than expected quarterly same-store sales growth. again that consumer, you just can't stop them. comparable sales rising 4% for the quarter. analysts were expecting less than a percent of an increase but boy, did they turn that around. melissa: president trump holding a lengthy, wide-ranging cabinet meeting this afternoon. blake burman was there and there is a lot there, blake. reporter: one of the interesting exchanges between president trump and attorney general jeff sessions, no, it was not about the mueller probe. rather than instead about pharmaceutical companies and lawsuits. as you might know for a while now states have been filing lawsuits against the pharmaceutical companies, manufacturers who make opioids. in fact just a couple days ago earlier this week new york state slapped a lawsuit against the company that produces the popular drug oxycontin. in some cases the federal

government jumped on those lawsuits. the department of justice supported those lawsuits but now president trump says he wants the feds to take the lead. listen here to the instructions from president trump to his, to his attorney general as it relates to these potential lawsuits. watch. >> i would also like to have you take a look at the fentanyl coming out of china and mexico and whatever you can do from a legal standpoint, whether it is litigation, lawsuits for people and companies. reporter: at the end of that cabinet meeting the president was asked a couple different questions, shouted questions, as seen for a while now what happens after these things. one about omarosa, one about john brennan, who had his security clearance revoked by the administration and the president yesterday. brennan has responded in an op-ed in the "new york times" and this is how that response from the former cia director ends, quote, now more than ever, it is critically important that the special counsel, robert mueller and his team of

investigators be allowed to complete their work without interference from mr. trump or anyone else so that all americans can get the answers they so rightly deserve. melissa, david, back to you. melissa: yeah, okay. blake, thanks. david: joining me on the phone to react ohio congressman brad wenstrup. congressman, you know there was a time when cia directors were discrete. they took their intel job seriously. when there was a sense of self-sacrifice that kind of made them closed mouths after they left their office. we have a list of cia directors including the current one by the way who is doing a terrific job as well. i look at that list, i look at the four people that we put up and we could have put up many more, i can't think of any one of them mouthing off the way john brennan has. we got alan dulles, richard helms mike pompeo, gina haspel the current cia director. these people are far more discrete than what john brennan

is doing, wouldn't you agree? congressman, can you hear us? >> been in that position, lead that position you take a lot of things with you and, and you remove yourself quietly in many situations. that is not what we're seeing now. i question really why anyone would still have the clearance. if you need to be brought back in for some form of expertise that can take place. i'm a member of the military. when i leave the military i expect to lose my secret clearance. i'm a member of congress on the intelligence committee with a higher clearance. i expect to lose that when i leave congress. i'm not sure why they still individual to begin with. david: the other thing is, what john brennan himself has said he did with regard to the whole russia investigation. he claimed in front of your committee, the house intel committee, i guess it was about six months ago, it was in may of 2017, he claimed that he was responsible for the whole thing getting started when he shared information with the fbi. i assume he meant peter strzok

or the doj, there i assume he meant bruce ohr. these are the triumvirate at the cia, fbi, all who were involved getting the trump dossier out there which clearly was a piece of political operations work and it had a lot of stuff from russia that was thrown in there. when you look at that history, is it any wonder that this guy has lost his security clearance? >> no, not at all. look at the op-ed that he wrote today. let's be clear, we all agree russia is trying to engage in our society, engage in our elections. i don't think it had any difference in the outcome of the last election. we all agree on that but he is turning this around and many ways and he is trying to spin the story a little bit but let's be clear about one thing as my experience on the intelligence committee, the only people that are trying to slow anything down right now are people within the department of justice that aren't giving us the information

that we are requesting. we represent the people. we have oversight over these people and that's where the lack of information for the american people is not coming forward. and he is, he is all for that. the other thing is, when you are in your job, you have the risk of losing your job when you have a clearance and you abuse it. but when you leave that job then you're an even greater security risk because you don't have the risk of losing your job, and i haven't seen anyone do what he is doing right now which is taking a spot on tv, sounding off repeatedly. that sounds like someone who is trying to cover their tracks. david: by the way jim jordan suggested earlier today on fox news that in fact there are a lot of other people that should lose their security clearance. let's play the sound, get your quick reaction. >> sure. >> john brennan leaked information to harry reid. lost his clearance. james clapper lied under oath intel committee in the senate. james comey has been fired for leaking information and other

things. andy mccabe lied three times under oath, has been fired. sally yates, fired. peter strzok demoted, then fired. lisa page, demoted left the fbi. jim baker chief counsel at fbi demoted and left. i think all these people frankly should lose their clearance. >> congressman, should they all lose their clearance, people jim jordan mentioned? >> i don't see what they have them to begin with. what jim jordan said is absolutely correct. follow it, you will see. there is more the american people will need to see and hopefully we'll get that and bring it forward. if they haven't lost it or don't lose it they need to be questioned why they haven't. david: congressman wenstrup, thanks for being here. >> you get, thank you. melissa: a coordinated attack. the mainstream media teaming up all across the nation to take on the president. now he is responding. we'll tell you what he is saying next. >> world mourning the loss of an incredible legend. we have details on aretha

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sir, winning on wall street. here is another look where markets closed today. all three of the major averages rallying big time with the dow closing just below 400 points. not bad, climbing 1 1/2%. the biggest gain in four months driven by strong walmart earnings and easing trade fears. good news. melissa. melissa: targeting the president. hundreds of newspapers throughout the u.s. running anti-trump i had tomorrows there. look at them piling up on your screen. they say they are responding to his war on the press. now the president is firing back, tweeting quote, there is nothing that i would want more for our country than true freedom of the press is. the fact that the press is free to write and say anything they want but much of what it says is fake news, pushing a political agenda or just plain trying to hurt people.

honesty wins. here is rich noise, media research director. rich, i don't know if they prove his point and walk in lockstep together to say the same thing against him. seems like they sort of fall into the trap of doing the very thing you know, that he is kind of made fun of them for doing? what do you think? >> i think, i think, i think you're right. when 350 newspapers, editorialize against donald trump, it is about as unexpected as 350 planes landing safely. it happens every single day. you know the media's credibility is going down, trust is going down. it is not, this happened long before donald trump showed up on the scene. they're not going to editorialize their way out of this problem. they have to start providing that fair and balanced and neutral journalism that they haven't been doing in the clinton years, bush years, obama years, now the trump years. it is not just about trump's

tweets. melissa: you know, for many years i canceled my "new york times" again and again. when i would cancel it, say why are you canceling. you editorialize on the front page. basically says bush lies again. yeah, we have a box for that. so many people are calling in for cancel the same reason, virtue of saying bush you can tell how long ago it was. it was already like that. president trump shown a light on it. at the same time would anyone have even noticed they were all editorializing together if he hadn't tweeted about it? >> they might. there was a little bit of a publicity stunt. this is the time to do things like this. you know, but it is something that you know, it goes back so long. what the media are upset about, donald trump leaves to live rent free in their heads he keeps tweeting, attacking them, they think that is the beginning of their credibility problem. it is something they helped

create the climate for. he is just exploiting it. the best way to fight back is to do, act the opposite of the way he says they are which he says they're all a bunch of liberals who are out to get him. act like you're not a bunch of liberals out to get him. melissa: the other thing that annoys the american people when the press starts talking about themselves, focusing on themselves. i think sometimes we get big heads and a lot of hubris and the story is about us, maybe that works for a second. seems like for the reader and the audience, they get a little sick of that. is that true or no? >> no, there is a certain amount of self-indulgence. it is media arrogance to think that they are the crucial lynchpin of democracy. they are very important to democracy but so are free elections and an informed citizenry and politicians, whether you like them or not. and the media, you know get to criticize all the other aspects of the government but they don't like being criticized

themselves. so they need a little bit of a thicker skin. but you know, it is perfectly fine to editorialize on behalf of a free press. it is very important but the free press is in peril today not because donald trump sort of tweeting about them in 2015 but because they haven't been acting like a truly independent press for decades and decades. melissa: rich, thank you. good stuff. we appreciate your time today. david: there used to be competition between editorial pages. i think only one exception, "the wall street journal" editorial page. melissa: yeah. david: the moment of truth for paul manafort has arrived. a verdict could come at any moment in the trial of the former trump campaign chairman. we're live at the courthouse with an update next. melissa: the great battle begins. president trump firing back at the governor of new york. the latest on this war of words. >> we're not going to make america great again. it was never that great. [shouting]

david: we are awaiting a verdict, a very important verdict, the jury beginning deliberations in paul manafort's trial this morning. manafort facing 18 counts of tax evasion and bank fraud, which could add up to, maximum of 305 years of jail time. fox news's peter doocy is at the courthouse with the very latest. hi, peter. reporter: they have been out there, in there about seven hours already, david. one of the first things, rather,

one of the last things the jury heard before they went into deliberations was that manafort team accusing the mueller team of being desperate. manafort lawyer kevin downing the mueller team wouldn't have made a deal with rick gates, they got to admit a secret life of committing crimes and committing affairs if they were not desperate. downing said in the closing that was secret life of. that was secret to mr. manafort, secret to everybody. it had to do why was he embezzling so much money and he couldn't even get his stories straight with you. that is to the jury. the mueller team agrees there might have been red flags with the star witness rick gates. greg andre said the government is not asking you to mr. gate's testimony or statements at face value. we're not asking you to trust each and every word mr. gates said. we're not asking to you like him either. we're asking to you consider his testimony, verify it, test it

against the testimony of other witnesses and see if it is consistent. the jury is deliberating today in a break room because they thought that the jury room was too small. even though court has been ending for the day around 5:30 p.m. eastern, the jury is allowed to stay as long as they want. as soon as they have a unanimous verdict on 18 charges it will be read in open court, no matter what time it is. and the judge told them while they're deliberating it is really important they just consider the evidence and the arguments. that they ignore some of the salty comments that he had throughout the last 2 1/2 weeks about the mueller team's approach. david? david: we're on it. the moment they reach a verdict we will bring it to you live. peter, thank you very much. ♪ respect what it means to me. ♪ melissa: shows seven letters, aretha franklin made her mark in music history. the legendary singer died this

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grandpa: symbicort could mean a day with better breathing. watch out, piggy! (giggles) get symbicort free at saveonsymbicort.com. if you can't afford your medication, astrazeneca may be able to help. melissa: slamming america. smart or not smart? new york governor andrew cuomo making a shocking statement. listen to this one. >> we're not going to make america great again. it was never that great. [shouting] we have not reached greatness. melissa: hmmm. well, president responding quickly on twitter saying quote, we are not going to make america great again. it was never that great. can you believe this is the governor of the highest-taxed

state in the u.s., andrew cuomo, having a total meltdown. to which the governor responded, what you say would be great again would not be great at all. we will not go back to discrimination, segregation, sexism, isolationism, racism, the kk. like new york's motto says, excelsior, ever upward, not backyard okay. joining me to discuss this, marc lot lotter, trump 2020 advisor and robin biro, former obama campaign regional director. robin, feels like you get caught, you go right to the screaming you're a racist, please. i don't know, was that the best response from the governor? >> oh, it's a rough one. this one really hurt my heart. i really couldn't disagree more with governor cuomo here. you know, america's great because of the progress that we have made over these 242 years. that is what progressives stand for is progress.

so, this really hurt my heart. you know especially as a veteran. i like to think of america like a big family. we may not be perfect but we all love our country and this is going to really give the right ammo to say that the left hates america, and that hurts my soul. melissa: marc, such a trap. if nothing else, president trump is one of the greatest marketers ever. he really gets how to do the whole thing. with the make america great again, the response can only be, no, america was never make. boom, fall into the trap. how can you defend saying something like that? can you? >> president trump was not first to use it. ronald reagan ran on very same words back in 1980. it is, it is just so ignorant, to say those things, and it is disappointing. i agree with my colleague here, that it is, it's sad but it is also just a symbol of what we've seen as, there was a recent poll now shows more democrats favor

socialism over capitalism, and this lurch to the left, it is going to alienate many of the people who occupy the middle space in america and it is just not the right way to go. melissa: so, robin, what is the right way to go? because i'm sitting at home here in new york. i heardhear ads on television, we're fighting back against, you know, immorality. i stand up for what i believe? i'm against president trump. democrats take the stand he is immoral person. maybe that is what he was trying to do. does that work, does that resonate? >> you know i take a lot of issue with what my party is doing right now especially with resist. i would like to focus on progress we've made and work still need to be done. the administration has done a couple things i take issue with. namely pointing out it is still legal to discriminate against lgbt people in enemployment and housing so that is an area we

still need progress n. it is great we have marriage equality. if you get married, turn in the marriage certificate and to get health insurance you can get fired the next day. it is perfectly legal. that is where progressive can make progress. many other issues. women make 70 cents on the dollar for example. equal pay for equal work. those are issues we need to be fighting for. melissa: marc, do you think cuomo tries to clean this up? is there a way to do it? or maybe he doesn't think he did anything wrong if you look at that response? >> speeds the fact his spokesman put out a revised statement yesterday. he is making additional statements today. i think he is understands he is trying to clean it up, the other question will he get a free pass from the mainstream media in doing so, because if you remember, just about every statement the president makes they cherry-pick another statement or put a couple together to attack him. i'm sure they're going to give him a free pass on this one, this does really hurt. it is one of the things that resonates with people, beyond cleanup.

it will stick there. and i think democrats are going to have to answer for that, and what they believe moving here into the election cycle and unless they come up with a message other than resistance it will be tough for them. melissa: yeah. robin has good ideas for them. maybe they will listen to robin. they would be smart to. david: if they listen to robin they would be okay. the problem is, there is nobody running against woman in the coming election that could win. he has a free ride. melissa: maybe they should roll out a veteran. david: here is novel idea, folks. holing the irs accountable for bad behavior. can you imagine? real consequences for mistakes at the agency. next we'll speak to one of the senators behind this movement. you don't want to miss republican mike enzi coming right up. ♪

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david: holding the irs accountable for bad behavior. two new bills just introduced in the senate aimed at doing just that. senator mike enzi, one of the cosponsors of those bills joins us now. senator, you write in a "washington examiner" op-ed i like ad lot, if kids learn bad behavior has consequences why can't the irs? is there really no accountability there? >> it appears there isn't. we had people who were rehired after misconduct or poor performance so bad that their folder was marked, do not rehire. david: unbelievable. by the way we put up a graphic about that. 213 people in one year at the irs who were fired for apparently good reasons, for legitimate reasons, were rehired. what does that tell you? >> it tells us we're not holding them accountable like i expect my kids or grandkids to be held accountable. so senator burr and i put

together two bills. one of them prohibits the irs commissioner from rehiring people who have been fired for cause. and the second bill, kind of lists the causes. and i have listed those. threatening an audit for personal gain. seizing property without approval. assaulting, harassing, violating civil rights of the taxpayer or a coworker. lying under oath. falsifying or destroying records. david: senator, forgive me for interrupting you, this is common sense. you mean there are people who are actually guilty of those infractions and still held on to their jobs? >> well, they didn't even pay their own taxes or didn't even file on time. that ought to be a really sincere violation for the irs. but that is not bad enough. these people were given awards. they were given promotions. they were given increased pay.

they were given extra time off. david: that is amazing. >> after they did those things. so all we're trying to do is get it, earlier we did for the veterans affairs the right to fire people for these same things. we want to continue that with other agencies and the irs is the next one in our scope because of their rehiring of people. david: yeah. you know, senator, what bugs us the most, we're a business channel, so there are a lot of businesses that have come to us to say, it is this irs notion that you're guilty until you're proven innocent. you can end up being proved innocent but could still lose your business because all they have to do is accuse you of something and you can't do business anymore. they take your stuff, and you have no capital. and businesses that are perfectly innocent end up going out of business because of the irs. >> i've been working on that since i got here. when i first got here i had some complaints about from constituents the way they were treated by the irs. i said we need a taxpayer bill

of rights. some hearings were held on that, to my astonishment, in order to get people to testify, we had to put them behind screens and have their voices modulated so the people at irs wouldn't know. we got a bill passed. obviously more needs to be done. david: that is un-american. to show you can fight back, one irs official, low which -- lois lerner, she targeted tea party groups. she was singled out. took literally years. there was a 3 1/2 million dollar settlement. so you can fight back and win, right? >> absolutely. and we want to make it easier to fight back and, have more penalty for violations. david: senator enzi, good luck. let us know what happens. >> thank you. david: appreciate it. melissa. melissa: the oscar goes to, a robot? how artificial intelligence might be about to put the

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melissa: we're hearing from our petedder ducey at mana port -- manafort trial right now the jury has a question. the question, they got it from defense team to answer question. you learn a lot from what their question is. we will see, machines are coming for your job, even if you are angelina jolie, director of american history ex is casting a robot in his next movie. david: that a robot, artificial intelligence robot paying lead in second born. will receive training and various acting methods to play the role. the. melissa: i don't know, some actors i already thought were like robotsis.

david: they want recognition from the screen actors guild, they want him to join the union. melissa: to be eligible for a award. >> this year is an economic boom that no one expected. >> we're not going to make america great again, it was never that great. >> whatever you think president trump who revised their policies on lower taxes, regulation and energy and trade, you just have to give him credit. >> no more punishing success, no more attacking business. look at the confidence numbers, there is new management in town, i think it's working. liz: dow soaring, best day in 4 months on a strong economy, as democrats continue to